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07-17-97 Regular DELRAY BEACH CITY QF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~ Ail-America City The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 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. 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, (10 minutes for group presentations). 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. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: 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. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting June 17, 1997 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular meeting of June 3, 1997 6. Proclamations: A. Parks and Recreation Month - July 1997 B. OF NOTE: 1. Race Unity Day - June 8, 1997 2. Recognizing Harbour's Edge 10th Anniversary 7. Presentations: A. Fire Department - Recognizing the graduates of the first "Community Emergency Response Teams" or C.E.R.T. course. 8. Consent Agenda: City Manager recommends approval. A. ACQUISITION OF PROPERTY ADJACENT TO THE LEON WEEKES ENVIRON- MENTAL PRESERVE: Authorize staff to commence negotiations for the acquisition of the Ward property located at the east end of the intersection of Albatross Road and Curlew Road adjacent to the Leon Weekes Environmental Preserve. B. PRELIMINARY DESIGN PHASE OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with the preliminary design phase of the beach nourishment project, at an estimated fee of $198,000 to be funded from Beach Restor- ation (Account No. 332-4164-572-31.30) and to be reimbursed from federal, state and county appropriations. C. RESOLUTION NO. 43-97 (ABANDONMENT OF A PORTION OF N.W. 6TH AVENUE): Approve a resolution abandoning a portion of N.W. 6th 2 Regularjune 17, Commission1997 Meeting Avenue lying between N.W. 7th Street and Gardenia Terrace, within the Lake Ida Manor subdivision, based upon positive findings. , D. RESOLUTION NO. 44-97: Approve a resolution abandoning a ten foot (10') wide north/south alleyway in Block 24, Del-Raton Park subdivision for Fronrath Motor Vehicle Sales, Rental and Leasing development, based upon positive findings. E. DELRAY ESTATES SUBSTATION LEASE: Approve an agreement for the lease of the premises at 1541 Catherine Drive, Apartment #1, within Delray Estates for use as a Police substation, for the period July 1, 1997 through December 31, 1999, at a cost of $1.00 per month. F. MAD DADS LEASE AGREEMENT: Approve an agreement between the City and Mad Dads, Inc. to allow Mad Dads the use of a room at the Atlantic Gardens Police substation located at 141 S.W. 12th Avenue. G. STEVEN MADES COMMERCIAL LEASE AGREEMENT: Approve a short term lease agreement between Steven Mades and the City to allow the Police Department to use the property located at 1449 South Congress Avenue as a meeting room for the establishment of a neighborhood project at Rainbow Homes. H. RENEWAL OF CHILDREN'S SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES: Approve a renewal of the contract between the City and the Department of Children and Families to provide for the Community Improvement Depart- ment's administration, on behalf of MAD DADS, of the Excel Focus Five Program at Pine Grove Elementary School. I. AUTHORIZATION TO SUBMIT GRANT APPLICATION/PARTNERSHIP FOR NEIGHBORHOOD INITIATIVES:. Authorize staff to submit a grant application to the Partnership for Neighborhood Initiatives, a Department of Children and Families program, for funding to provide out-of-school programming for children in a specific neighborhood in Delray Beach. J. DEDUCT CHANGE ORDER #1 AND FINAL PAYMENT/ALMAZON BROTHERS TRUCKING, INC.: Approve Change Order #1 (Final) in the net deduct amount of $6,619.62 and request for final payment in the amount of $6,534.42 to Almazon Brothers Trucking, Inc. for completion of the sidewalk improvements project, with funding from 118-1965-554-63.11. K. DEDUCT CHANGE ORDER #2 AND FINAL PAYMENT/MARANDOLA CONSTRUC- TION, INC.: Approve Change Order #2 (Final) in the net deduct amount of $4,667.00 and request for final payment in the amount of $8,680.20 to Marandola Construction, Inc. for the East Road Utility and Roadway Improvements project, with funding from 442-5178-536-61.36. -3- Regular Commission Meeting June 17, 1997 L. CHANGE ORDER ~3 AND FINAL PAYMENT/PIPE LINER INSTALLERS, INC.: Approve Change Order #3 (Final) in the amount of $38,332.22 and request for final payment in the amount of $53,723.23 to Pipe Liner Installers, Inc. for the North Water Reservoir Improve- ments project, with funding from 440-5179-536-64.30. M. CHANGE ORDER ~4/MURRAY LOGAN CONSTRUCTION, INC.: Consider approval of Change Order #4 in the amount of $4,500.00 to the Barrier Island Pump Stations contract with Murray Logan Construction, Inc. to include additional repair work at Lift Stations 50, 80 and 4, with funding from 442-5178-536-63.90. N. RESOLUTION NO. 45-97: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 145 S.W. llth Avenue. O. RESOLUTION NO. 46-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 17 properties throughout the City. P. PAYMENT FOR SOFTWARE SUPPORT/JOHNSON YOKOGAWA CORPORATION: Approve payment in the amount of $35,115.14 to Johnson Yokogawa Corporation, sole source provider, for software maintenance support at the Water Treatment Plant, with funding from 441- 5122-536-31.90, 440-5179-536-64.30, and 440-5179-536-63.61. Q. EMT TRAINING AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve an agreement between the School District of Palm Beach County and the City for an Emergency Medical Technician-Basic Education Program. R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 2 through June 13, 1997. S. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Cablexpress Corporation for the emergency purchase of Software/Hardware to replace current equipment at a total cost of $31,476 from 334-6112-519-64.11. 2. Bid award to Antonio Sanclement for City Attorney building storm shutters, in the amount of $14,450 from 334-6111- 519-62.10. 9. Regular Agenda: A. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Consider a request from the Joint Venture for special event approval, including temporary use permit and street closure, staff support and waiver of overtime costs, for Art and Jazz on the Avenue to be held on July 3, 1997. -4- Regular Commission Meeting June 17, 1997 B. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Consider a request from the Joint Venture for special event approval, including temporary use permits and street closures, staff support and waiver of overtime costs up to a maximum of $5,000.00, for the Summer Nights on the Avenue series. C. NUVEEN TENNIS TOURNAMENT AGREEMENT. D. RESOLUTION NO. 48-97 AND SUPPORT REQUEST FOR THE 20TH ANNUAL ROOTS CULTURAL RESTIVAL: Consider approval of a resolution supporting the Roots Cultural Festival, Inc. in their efforts to sponsor the 20th Annual Roots Cultural Festival, and the festival committee's related support request list. E. CRA AND TED CENTER APPLICATION FOR ECONOMIC DEVELOPMENT ADMINISTRATION GRANT: Consider approval of the CRA's request to have the City as co-applicant to its funding request under the U.S. Department of Commerce Economic Development Adminis- tration (EDA) Title I Public Works Program. F. RESOLUTION NO. 47-97/HIGH-RISE FIRE SAFETY TASK TEAM: Consider approval of a resolution establishing the High-Rise Fire Safety Task Team for the purpose of reviewing and making recommenda- tions concerning the impacts of retrofitting existing high-rise buildings with fire protection sprinklers. G. REJECTION OF BIDS/BUS RENTAL AND DRIVER SERVICE: Consider rejecting all bids received for the bus rental and driver service for Parks and Recreation, and authorize staff to re-bid the service. COMMISSION ON LOCAL GOVERNMENT II/FLORIDA LEAGUE OF CITIES, INC.: Consider recommendations to the Commission on Local Government II related to the seven identified issue areas. I. SETTLEMENT/CITY OF DELRAY BEACH V. KEYSTONE CREATIONS. J. WASTE MANAGEMENT V. CITY/SETTLEMENT OFFER: Consider a settlement offer in the referenced matter. K. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate a voting delegate to the 71st Annual Conference of the Florida League of Cities to be held August 21-23, 1997, at Lake Buena Vista. L. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint four members to the Community Redevelopment Agendy for four year terms ending July 1, 2001. The appointments will be made by Commissioner Randolph, Mayor Alperin, Commissioner Schmidt and Commissioner Egan. M. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending July 14, 2001. Recommendation by Commissioner Schmidt, with appointment by Mayor Alperin. --5-- Regular Commission Meeting June 17, 1997 N. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to the Downtown Development Authority for three year terms ending July 1, 2000. The appointments will be made by Commissioner Ellingsworth and Commissioner Randolph. 10. Public Hearings: A. ORDINANCE NO. 24-97: An ordinance rezoning a parcel of land known as the Colombi Property from POD (Professional and Office) District and RM (Medium Density Residential) District to NC (Neighborhood Commercial) District. The subject property is located at the northeast corner of South Federal Highway and LaMat Avenue. QUASI-JI~DICIAL HEARING B. ORDINANCE NO. 25-97: An ordinance changing the Future Land Use Map designation (small scale amendment) from Commerce to General Commercial, and rezoning from MIC (Mixed Industrial and Commercial) to GC (General Commercial) District for the Country and Western Bar of Delray Beach, to be located at the northwest corner of Atlantic Avenue and the CSX Railroad, immediately west of 1-95. QUASI-JUDICIAL HEARING 11. C~ents and Inquiries on Non-Agenda Items from the Public- I~mediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 26-97: An ordinance designating the Trinity Evangelical Lutheran Church Chapel located at 400 North Swinton Avenue as a local historic site to be listed in the Local Register of Historic Places. If passed, a public hearing will be scheduled for July 1, 1997. B. ORDINANCE NO. 27-97: An ordinance amending Chapter 73, "Parking Schedules", of the City Code to revise parking hours for certain lots in the downtown area. If passed, a public hearing will be scheduled for July 1, 1997. C. ORDINANCE NO. 28-97: An ordinance amending Section 8.4.1, "Authority to Make Special Assessments; Exceptions", of the Land Development Regulations to provide for the construction of walls to provide a barrier from public rights-of-way as a project for which the City may levy and collect a special assessment. If passed, a public hearing will be scheduled for July 1, 1997. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission --6-- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 17, .1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.A.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board denial of fence design and landscape plans on property located at 225 Royal Court, Del Ida Park, owned by Mr. and Mrs. Scott Taylor. QUASI-JUDICIAL PROCEEDING CITY DF DELR ¥ BER£H p~ B~ 100 NW. ls~ AVENUE * DELRAY BEACH, FLORIDA 33~4 · 407/243-7000 ~,~el~t Ci~ 1993 WII~RF~%S, recreation enhances the health and well-bein9 of people of every age, youn9 and old, able and disabled; and, WII~IL~AS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and, WII~R~AS, all citizens can enjoy self-renewal in the out-of-doors through 9reen spaces and facilities in parks; and, WH~REA~, our State and Federal Parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, WHEREAS, other governmental bodies, such as the cities and countries, also maintain parks and playgrounds for the benefit of residents and visitors; and, WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim July, 1997, as PARKS AND RECREATION MONTH in Delray Beach, Florida, and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 17th day of June, 1997. MAYOR JAY ALPERIN SEAL EFFORT ALWAYS MATTERS £1T¥ DF [IELRI:I¥ BEI:I£H 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33~4 · 407/243-7000 1993 WHEREAS, the United States was founded and peopled by individuals of many different ethnic and racial origins; and W~ER~AS, our nation's Declaration of Independence articulates the credo upon which our nation was built, that all men are created equal; and W~ERF~AS, the United States of America has sought to serve as an example to other nations of the world; and W~ER~AS, the state of Florida has a population which represents highly diverse racial and ethnic backgrounds; and W~ER~AM, a free people must remain vigilant and mindful of the goals of achieving peace and unity among all peoples; and W~EREAS, every individual is like a flower in the garden of humanity. NOW, T~EREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 8, 1997, as RACE UNITY DAY in Delray Beach, Florida, with the fervent hope that Americans everywhere will take this time to accept and wholeheartedly celebrate unity in diversity. 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 17th day of June, 1997. MAYOR JAY ALPERIN SEAL EFFORT ALWAYS IV~ATTERS CITY DF DELRICl¥ BER£H 'I~'F~% 8~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33~4 · 407/243-7000 1993 W~R~AS, Harbour's Edge, a senior living community in Delray Beach will celebrate its 10th anniversary from July 28, 1997 through August 1, 1997; and W~R~AS, as a life care community, ~arbour's Edge provides a secure and stimulatin~ environment for active seniors and, through its Health Center, offers whatever care its residents might need if they become ill or disabled; and W~R~AS, with 350 residents and more than 235 employees, Harbour's Edge is a vital contributor to the health of the local community; and W~RF~u~, the residents of Marbour's Edge are extremely ~enerous with their time and resources, makin~ a substantial impact on numerous non-profit organizations throughout the re~ion; and W~R~AS, through its highly diverse pro~ram of on~oin~ activities, Marbour's Edge enables seniors to stay abreast of current issues and events and to enrich their lives with culture, travel, and enjoyment. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and congratulate HARBOUR'S EDGE on the milestone of their 10th anniversary and wish them continued success. 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 17th day of June, 1997. MAYOR JAY ALPERIN SEAL EFFORT ALWAYS ~/~ATTERS CITY OF 0ELRI1Y BEI:I[H FIRE DEPARTMENT D LRAYB AC · Ut_FS-rREA · H, H ANDB ACH OELR^¥ BE^£1-1 Ali. America City The City of Delray Beach is proud to announce the graduation of the "Pilot" 1993 cotlrse of the "Community Emergency Response Teams" or C.E.R.T. The participants have received training from our Fire Department in how to help their neighbors in the event of a disaster. The intent is for neighborhoods, associations and developments forming their own C.E.R.T. teams to help in their own areas. These team will then assist professional rescuers and relate the incidents they found and how they treated and handled them. Over the past two months they have been trained in the following: Disaster preparedness and preparations Hazard recognition and fire suppression Disaster medical triage and treatment Light search and rescue Disaster psychology Team Drill to bring it all together Join us in recognizing the following graduates from the first City of Delray Beach "Community Emergency Response Team" course. George A. Diaz Fredrick L. Ebner Amy Holmes Frank Holmes Geraldine "Jerry" Hudson Karen Kiselewski Gail-Lee "Mack" McDermott Raymond I. Nickol Andrew P. Pinto David E. Randolph Thanks to all our graduates, its volumeer service like this, neighbors helping neighbors, that continues to make the City of Delray Beach the "All America City" for years to come. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 ~ fl Prlr~ted on Recycled Paper / ·~'1 . 100 N.W. 1st AVENUE · DEkRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail-America City 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Acquisition of Ward Property Adjacent to Leon Weekes Preserve DATE: June 10, 1997 The acquisition of the Ward property (105' X 169') west of the Leon Weekes Environmental Preserve would allow us to accommodate bus turnaround parking at the Preserve. The existing plan (see attached) does not allow for any bus turnaround which would make parking difficult for our local schools. Additionally, the Tropic Palms Homeowners Associations through Joe Kamarata has requested that this area be purchased as an addition to Leon Weekes to provide a playground for the subdivision. I believe we may be able to accommodate the bus turnaround and the playground by purchasing this parcel. If you have any additional questions, please contact me. Joe~ldon Director of Parks and Recreation cc: Jose' Aguila, Construction Manager John Walker, Project Coordinator Ref:wardprp2 THE EFFORT ALWAYS MATTERS ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Joe Weldon Parks & Recreation Director From: Jos6 Aguila, A.I.A. ~ Construction Manager Date: June 9, 1997 Subject: Leon Weekes Nature Trail Project No. 97-020 On April 29, 1997, a meeting was held with the consultants to review the proposed Nature Park at Leon Weeks Nature Preserve. Among other things, it was agreed that a proper bus access and turnaround area was necessary for use by the local schools. One way to accommodate this need was to acquire the property just north of the park entry (see attached plan). On May 6, 1997, you and I met with the City Manager and discussed this need, and agreed that the City should investigate the feasibility of acquiring this lot to properly accommodate the needs of the park users and make provisions for bus drop-off and turnaround. The attached sketch indicates the location of the property in question. Please let me know if you need any additional information on this matter. cc: File 97-020 (A) s\...\9720~buyprop RECEIVED JUN 1 0 1997 . - ' "I:_0_ '~7,2 -. · ~.*~1 Ar, . ~\.~o pC,' " 'AD 2 o '' ~ r"~ L-A- 259 '. 258. ,,~ zs~'- ',,_..i JI '-' ~z~t"~" -- . ~s~ , // PLANNING AND ZONING DEPARTMENT MEMORANDUM To: Lula Butler, Director of Community Improvement Diane Dominguez, Director of Planning and Zoning David Harden, City Manager Bob Barcinski, Assistant City Manager Dick Hasko, Director of Environmental Services Richard Overman, Police Chief From: John Walker, Project Coordinato/~~-'/~ Date: May 23, 1997 Subject: Town Hall Meeting Attached is the updated status of items related to the comments and requests received at the Town Hall Meeting in February. The status is based on staff responses through mid-May. Another update will be requested from you in August. Should you have any changes to the status, at any time, please let me know. S:\adv\Town5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~"I SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF JUNE 17, 1997 PRELIMINARY DESIGN PHASE/BEACH NOURISHMENT DATE: JUNE 13, 1997 This is before the Commission to authorize Coastal Planning and Engineering, Inc. to proceed with the preliminary design phase of the beach nourishment project. This phase is the first of the broad tasks leading to the construction phase, and involves establishment of the parameters of the final design, permit applications, and preparation of the General Design Memorandum (the Federal document justifying the project for permitting and funding). The engineering fee is currently estimated at $198,000, as detailed in the attached correspondence from Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund (Account No. 332-4164-572-31.30), and the entire cost will be reimbursed from federal, state and county appropriations. Recommend authorization for Coastal Planning & Engineering, Inc. to proceed with the preliminary design phase of the beach nourishment project. TO: DAVID T.. HAR~EN, C~-'I'Y MANAGER THROUGH: MI OF PLANNING AND ZONING FROM: JOHN WALKER, PROJECT COORDINATO~~2 'Z//~'Z'~'''- SUBJECT: MEETING OF JUNE 17. 1997 AUTHORIZATION TO PROCEED - PRELIMINARY DESIGN PHASE OF THE BEACH NOURISHMENT PROJECT ** CONSENT AGENDA ** The action requested of the City Commission is that of approval of an authorization to proceed with the Preliminary Design Phase of the Beach Nourishment Project. The next periodic maintenance of the Beach Nourishment Project is projected for late 1999. The tasks involved in preparing for the construction phase of maintenance include a complicated process of project design, permitting, and funding at both state and federal agency and political levels. Project engineering has been divided into several broad tasks, which are defined in the on-going contract with Coastal Planning & Engineering, Inc. Compensation for these tasks is a percentage of the construction cost as awarded. Until a bid is awarded, the engineering fee is based upon a reasonable estimate of the anticipated bid. Currently, the construction cost is estimated at $5 million, resulting in a total engineering fee of $330,000 (6.6% of construction cost). The fee for each task is calculated as a percentage of the total fee. These tasks, and their percent of the total fee are: Study and Report 25% Preliminary design 35% Final Design 20% Bidding and Negotiation 5% Construction Engineering 15% 100% City Commission Documentation Authorization to Proceed - Preliminary Design Phase of the Beach Nourishment Project Page 2 In the last few periodic maintenance projects, we have combined the Study and Report and Preliminary Design Phase into a single task - Preliminary Design Phase - for efficiency in the overall project flow. The Preliminary Design Phase, then, is the first of the broad tasks leading to the construction phase. Work included in this phase involves establishment of the parameters of the final design, permit applications, and preparation of the General Design Memorandum (the Federal document justifying the project for permitting and funding). Funds for this item are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed with the Preliminary Design Phase of the Beach Nourishment Project. The cost of the item will be 60% of the total engineering fee as defined in the agreement. The fee is currently estimated at $198,000, as detailed in the attached correspondence from Coastal Planning & Engineering, Inc. Attachment: * Letter from CPE S:~adv~beach\Preliml COASTAL & OCEAN ENGINEERING COASTAL SURVEYS COASTAL PLANNING & ENGINEERING INC .,O'OG,CA~STUO,ES , · GEOTECHNICAL SERVICES BOCA RATON: 2481 N.W. BOCA RATON BOULEVARD. BOCA RATON, FL 33431 [407] 391-8102 TELEFAX: (407)391-9116 JACKSONVILLE: RO. BOX 892, ORANGE PARK. FL 32067 (904)264-5039 TELEFAX: (904)264-5039 TOMS RIVER: 250 WASHINGTON STREET. SUITE B, TOMS RIVER, NJ 08753 [908) 244-3366 TELEFAX:[908)244-3664 4819.02 May 27, 1997 Mr. John Walker Project Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Delray Beach 4th Periodic Beach Nourishment Project; Proposal for the Study and Report Phase, and the Preliminary Design Phase Engineering Services Dear Mr. Walker: This is a proposal for the study and report and preliminary engineering design phases for the 4th periodic beach renourishment project. In order to maintain the schedule for beach renourishment project construction by 1999-2000, the study and report, and preliminary design phases should begin by mid-1997. The following are the proposed services to be provided in each phase, in accordance with the coastal engineering contract for beach renourishment engineering services: A STUDY AND REPORT PHASE ENGINEERING SERVICES (Contract Section 1; Paragraph 1.2): In the study and report phase, the design and environmental considerations and requirements for implementing the 4th periodic beach renourishment project will be evaluated. During this feasibility-level effort, we will evaluate the past performance of the 3rd periodic beach renourishment project, constructed in 1992. This effort will include an evaluation of potential options for addressing areas of accelerated erosion and consideration of sand placement north of Atlantic Avenue, which was not required in 1992. The availability of sand resources for the beach renourishment project will be evaluated based on existing geotechnical data generated in 1988 to determine if sufficient .~, ~,aT/W='~and, of suitable quality, appears to be available for the 4th renourishment project. Permit ~ ~l~onsiderations will be addressed, including the potential for acquisition of a long-term p"~ermit for beach renourishment projects and the potential approval of summer construction. An review of the design document for the project, the General Design ~M~morandum, will be conducted to determine the nature of modifications or informational & ZO~i~tig~ates which will be required to successfully process the document through the federal government approval procedure. Other issues to be addressed include the acquisition of a mixing zone variance for project construction, marine turtle nesting concerns, and other considerations which affect the permitting, funding or construction schedule of the 4th periodic beach renourishmem project. 4819.02 May 27, 1997 Page 2 B. PRELIMINARY DESIGN PHASE ENGINEERING SERVICES (Contract Section 1; Paragraph 1.3): 1. Florida Deparunent of Environmental Protection and the U.S. Army Corps of Engineers Permits: The beach renourishment project requires both State and Federal permits. We will prepare and submit permit applications to both the Florida Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers (USACE) for the beach renourishment project. Information which is typically required as part of the permit process will be submitted to the agencies; including geotechnical data, design details, and environmental evaluations.' The proposal includes response to two requests for additional information and the follow-up with the DEP and the U.S. Army Corps of Engineers. 2. Borrow Area Identification and DEP Consent of Use and Waiver of Dredge Fee Acquisition: If sufficient sand remains in the sand resource area identified and used for previous projects, we will evaluate the geotechnical information and designate a borrow area for use for the fourth periodic beach renourishment project. We will analyze mean grain size, silt/clay content and other important parameters to select the optimum areas for sand acquisition. The information used to develop the borrow area will be from the previous sand search of 1988. If the borrow area does not contain sufficient volume or quality sand for the beach renourishment project, a geotechnical study may be required. In this event, the selection of a borrow area will be based upon geotechnical studies to be conducted in 1997. Upon designation of the borrow area, we will apply for a consent of use approval and waiver of dredge fee from the DEP, Division of State Lands. The consent of use is the easement for the use of State lands (the ocean bottom) to renourish the beach. The waiver of dredge fee allows the City to use sand from State lands without a fee. We will also respond to two sets of requests for additional information. 3. Mixing Zone Variance Application: A water quality mixing zone variance will be required to construct the beach renourishment project. The variance allows for the temporary exceedance of State COASTAL PLANNING & ENGINEERING, INC. 4819.02 May 27, 1997 Page 3 water quality standards during project construction. Without a variance, the project construction is subject to numerous interruptions to allow water quality to return to State standards. We will apply for the variance with information supporting the granting of the variance by the DEP and respond to two sets of requests for additional information. 4. General Design Memorandum and Pro_iect Design Considerations: A General Design Memorandum (federal design document) for the project will be modified and updated for the 4th periodic beach renourishment project. From this document, the most economically justified beach fill (i.e., project size) will be determined. The GDM will include evaluations to determine the beach design and advance nourishment volumes, and storm berm width. Evaluations will include an analysis of the recreational and storm protection benefits to be provided by the project. The cost of project construction will be compared to project benefits to develop a B/C ratio. The design document .w.'.lll be submitted to the U.S. Army Corps of Engineers (Jacksonville District) f0i~ revieTM and processing. 5. Preliminary_ Construction Plans: We will develop preliminary construction plans necessary for the permit applications and to provide a document for refinement to the final project design. The plans will include borrow area information, cross-sectional beach fill templates, project plan views, hardbottom mapping, construction access areas and other descriptive information. This will be refined in the final phase of the engineering design effort to develop a bid package for dredge contractors. 6. Project Construction Cost Estimate: Based upon the results of project development conducted through the desigrdGDM process, a volume of sand fill will be determined. We will analyze the present dredging market conditions and develop a project cost estimate for planning purposes. The evaluation will include development of a unit cost estimate for sand placement, based upon a cubic yard of sand placed on the beach and dressed. From the unit cost, a total cost for fill placement will be computed. The probable cost for dredge mobilization and demobilization to Delray Beach will be determined. Lastly, we will estimate the cost to till the beach, which is a potential permit requirement for the project. The third periodic beach renourishment project was constructed in 1992. The project cost was approximately $3.85 million dollars. The fourth renourishment project cost is projected to exceed $5 million dollars. The recently-submitted long range beach erosion control budget plan provided COASTAL PLANNING & ENGINEERING, INC. 4819.02 May 27, 1997 Page 4 by the City to the State of Florida estimated a $5.5 million dollar construction cost estimate. The engineering basic services fee is based upon the estimated project cost for the beach renourishment project (Contract Section 7; Paragraph 7.2.1). A $5 million dollar estimated project cost would yield a basic engineering services fee of 6.6% of the project cost, or $330,000, as specified in the contract. The fee to provide the pre-construction engineering services contained in this proposal, based on the contract provisions of Section 7 (Paragraph 7.5.2.) are as follows: 1. a. Study and Report Phase (25% of basic services engineering fee): $82,500 b. Preliminary Design Phase 05 % of basic services engineering fee): 115.500 Total $198,000 If you should have any questions, please call me. Sincerely, COASTAL PLANNING & ENGINEERING, INC. Vice President d:\wp61 docs\palmbch\Delray\481902.prp cc: Tom Campbell, CPE Craig Kruempel, CPE Elizabeth McCarthy, CPE COASTAL PLANNING & ENGINEERING, INC. TO: ,&)'AVID T. IlAR.DEN, CITY MANAGER THRU: DEPARTMENT OF PLA~IN~ AND ZONING FROM: C~IRE L~E~HAM, P~NNER ' SUBJECT: MEETING OF JUNE 17, 1997 **CONSENT AGENDA** ABANDONMENT OF A PORTION OF N.W. 6TH AVENUE The action requested of the City Commission is approval of the proposed abandonment of a portion of N.W. 6th Avenue, lying between Gardenia Terrace and N.W. 7th Street within the Lake Ida Manor Subdivision. The area proposed for abandonment is an unimproved portion of N.W. 6th Avenue (approximately 3,857 sq. ft.) adjacent the western line of Lot 28, which is currently vacant. The property owner of Lot 28 has requested the abandonment in order to increase the size of the lot for the construction of a single family home. The Planning and Zoning Board considered this request at its meeting of May 19, 1997, and unanimously recommended approval on a 6-0 vote, with the condition that a replacement easement be provided to cover an existing east/west utility line adjacent the south property line. The replacement easement was attached as a condition of approval although the easement was not requested by any the utility companies. The applicant prefers not to provide this easement and has submitted letters from the appropriate utility companies indicating that they do not require replacement easements. ~ By motion, approve the abandonment of the right-of-way through the enactment of Resolution 43-97. Attachment: · Planning and Zoning Staff Report RESOLUTION NO. 43-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR N.W. 6TH AVENUE AS DEDICATED ON THE PLAT OF LAKE IDA MANOR, RECORDED IN PLAT BOOK 23 AT PAGE 138 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE AND AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of a portion of the right-of-way for N.W. 6th Avenue as dedicated on the Plat of Lake Ida Manor, being located between N.W. 7th Street and Gardenia Terrace, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of a portion of said right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(0) (3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this ~matter at a public hearing on May 19, 1997, and voted 6 to 0 to reccma~end approval of the abandonment, based upon positive findings pursumnt to LDR Section 2.4.6(O)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no long-er needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6{0) (5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real pr6perty: A portion of the right-of-way of N.W. 6th Avenue as shown on the Plat of Lake Ida Manor, according to the Plat thereof, as recorded in Plat Book 23, Page 138 of the Public Records of Palm Beach County, Florida, being described as follows: Beginning at the Southwest corner of said Plat of Lake Ida Manor; thence North 90 degrees 00'00" East (bearings being relative to the Plat of Lake Ida Shores First Addition, according to the Plat thereof, as recorded in Plat Book 25, Page 71 of the Public Records of said Palm Beach County) along the South line of said Lake Ida Manor and the North line of said Lake Ida Shores First Addition, a distance of 25.00 feet to the Southwest corner of Lot 28 of said Lake Ida Manor; thence North 00 degrees 16'30" West, along the West line of said Lot 28, a distance of 119.90 feet to the Point of curvature of a circular curve concave to the Southeast; thence Northeasterly along said West line of Lot 28 and along the arc of said curve having a radius of 20.00 feet and a central angle of 90 degrees 16'30", a distance of 31.51 feet to the North line of said Lot 28; thence North 90 degrees 00'00" West along the Westerly extension of the North line of said Lot 28, a distance of 45.10 feet to the West line of the aforesaid Lake Ida Manor; thence South 00 degrees 16'30" East, along said West line of Lake Ida Manor, a distance of 140.00 feet to the Point of Beginning. Containing 0.08 acre, more or less. PASSED AND ADOPTED in regular session on this the 17th day of June, 1997. il ATTEST: · City Clerk ! - 2 - Res. No. 43-97 LAKE N.W. 11 TH ST. BEACH~ PLAY t 1 z z ~ z f HOUS£ ! J qs ~U. N.W. 9~ ~ ST. ~ , L E FIE RD __ LAKE IDA OAD ~~BOY SCOUT .~.,.~oc...~c., (A PORTION OF N.W. 6TH AVE) Cl~ ~ O[LRAY BEA~, FL FROM -' FPL BO'fN SUC PLAI.-It..IIf. IG PHONE NO, : 561 .R69 22~1 Ma~j. 29 1997 05,:0OF'P1 P2 G Fiori~l;~ Power & Light C(,npan¥. 9329 S. Mili!~r¥ 'l'rail, Boy~ Beach, FL 33¢~ I=I=L. May 27, 1997 Re: Request ~o Abandon unimproved portion N.W. 6th Avenue within the Lake Ida Manor Subdivision Delray Beach, Florida Dear Ms. Arnoux: Per your request of May 27, 1997, Florida Power & Light has no objections to the abandonment of the above referenced road right- of-way of the unimproved portion of N.W. 6th Avenue located between Gardenia Terrace and N.W. 7th Stree5 as described in your letter dated April 16, 1997. Florida Power & Light has no need for an easement in this area at this time~, if needed it would have been requested in the earlier letter from Mr. Arthur. If you should have any further questions concerning this matter or if Florida Power & Light may be of assistance to you, please contact me a5 369-2231. Sincere!y, Wesley F. Morris Distribution Designer I 11AY-29-97 THU 10:09 APl ADELPHIA FAX NO. 561 27~1 9322 P, 03/03 1595 S.W. 4th Ave , Delray Beach. FL 33444 May 29,1997 Ms. Marie-Josee Amoux 535 NVV 4th Avenue Delray Beach, FL 33444 RE: ABANDONMENT OF EASEMENT-Portion of NW 6th Ave Dear Ms Amoux: Adelphia has determined that it has no conflict regarding the request to abandon the above- mentioned easement location. Adelphia's facilities are located on an existing pole line. Adelphia does not require any additional easements or a replacement easement. If you have any further questions, please call me at [561] 272-2522. 14.'2'7 I'EPTUHE CST '-' f=,~,1';,'76,7279 I4f3 ,2;6 r-~,~ . '.-:¢:1 BELLSOUTH May 29, ] 997 Marie-Josec Amoux 535 N.W. 4th Ave. Delray Beach, FL 33444 RE: abandonment of a Portion of N.W. 6th Ave. within thc Lake Ida Manor Subdivision Dear Claire: I have reviewed the proposed master and/or site plan for abandonment ora Portion of N.W. 6th Ave. between Oardenia Terrace and N.W. 7th Street. There is nothing on ~:he Western property line that would prevent us from abandonment of the right-of-way. If you have any questions, call me at (407) 732-2646 Yours truly, Lynn Thompson Si~cialist - Outside Plant Engineering FLORIDA PUBLIC UTILI E COMPANY P. O. Box 3395 West Palm Beach, FL 33402-3395 April 29, 1997 Ms. Claire Lyte-Graham City of Delray Beach 100 N.W. 1st AVENUE Delray Beach, FL 33444 RE: Abandonmem of a portion of NW 6th Ave. w/thin the Lake Ida Manor Subdivision Dear Lyte-Graham: Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing 8' easement described in your letter. At the present time, we have no underground gas distribution facilities located w/thin the limits of the proposed abandonment. David E. Pellico Division Engineer PLANNING & ZONING PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 19, 1997 AGENDA ITEM: vl.c. ITEM: Abandonment of a portion of N.W. 6th Avenue, lying between N.W. 7th Street and Gardenia Terrace. ~,~~~ I I IIIIIJL ! _ I I _ GENERAL DATA: Appli~nL .................................... Marie-Josee Arnoux Lo~tion ............ ; ......................... Po~on of N.W. 6th Avenue, ~ . ~ ~ - be~een N'W' 7~ S~eet & _I1.,~ I~ Gardenia Terrace. Pmpe~ S~e ............................... o,,c.e ,,~ ,. .. Exis~ng F~m ~nd Use Map Designatio~ ................................ Low Densi~ Residential i ir C.~e.,~o., ............................ ,-,-~ ~isting La~ Use ....................... Unimproved ~ght-of-way - Proposed ~nd Use .................. ;. Abandonment of ~e unimprOved and~ght~f-waYlands~ping.f°r a p~vate d~ve~y Water Se~ ............................. nla Sewer Se~ ............................. nla ~ ~ .. ~i I I I I I I i~[ -YJ ..'<~ The item before the Board is that of making a recommendation to the City Commission for the proposed abandonment of a portion of N.W. 6th Avenue located within the Lake Ida Manor Subdivision. The subject right-of-way is located between Gardenia Terrace and N.W. 7th Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject 25' right-of-way was dedicated with the recordation of the Lake Ida Manor. Subdivision in April, 1951, and has not been improved. The area proposed for abandonment is a portion of N.W. 6th Avenue (approximately 3,857 sq. ft.) adjacent the western line of Lot 28, which is currently vacant. The property owner of Lot 28, which is immediately adjacent on the east side, has requested the abandonment in order to increase the size of the lot for the construction of a single family home. ' The subject portion of N.W. 6th Avenue is 25' in width. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels when abandoned. As the right-of- way was dedicated by the Lake Ida Manor Subdivision, the entire 25' will revert to the owner of Lot 28. The subject portion of N.W. 6th Avenue is unimproved and has not been used for access to the improved portion of N.W. 6th Avenue, Gardenia Terrace, or N.W. 7th Street by any of the abutting property owners. In 1982, the owner of the lot on the west side of the subject right-of-way submitted an application requesting abandonment of this portion of N.W. 6th Avenue. The Engineering Department indicated that it would be in the City's best interest to retain the right-of-way because it would improve accessibility to the neighborhood, and at its meeting of July 13, 1982, the City Council denied the request. Regardless of the reason, it would not have been appropriate to abandon the property to the abutting residence to the west as the right-of-way was originally dedicated by the property to the east (see attached plat of Lake Ida Manor). Since that time it has become clear that the area will not be used nor is it necessary for improved accessibility. It is noted Planning and Zoning Board Staff Report N.W. 6th Avenue Abandonment Page 2 after the denial of the abandonment request the property owner to the west erected a fence enclosing a portion of the right-of-way area. With the abandonment this area will become private property and this fence will constitute an encroachment. Lot 28 currently has frontage on both Gardenia Terrace and N.W. 7th Street. If the subject right-of-way were improved, the lot would have streets on three sides, which is a highly undesirable development pattern. Abandonment of the right-of-way ensures that this will not occur. The Environmental Services Department has reviewed the request and has no objection to abandoning the area because there are no utilities in the right-of-way, nor are there plans to utilize the right-of-way in the future. The Fire Department has reviewed the request, and has no objection as there is a fire hydrant located at the northeast comer of N.W. 6th Avenue and N.W. 7th Street, and at the southwest comer of Gardenia Terrace and N.W. 6th Avenue. BellSouth, Florida Public Utilities Company, Adelphia Cable, and Florida Power and Light have reviewed the request and have no objection to the abandonment. BellSouth has indicated there is an east/west utility pole line adjacent the north side of Gardenia Terrace with FPL, cable t.v., and BellSouth services, but no easements have been requested from any of the utility companies. However, in order to cover these ex~isting facilities, it is recommended that an easement be provided, which is attached as a condition of approval.' Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The subject portion of N.W. 6th Avenue is unimproved and has not been used for access in the past. There are no City utilities in the subject right-of-way. An east/west utility pole line is located adjacent Gardenia Terrace, and the provision of a replacement easement is attached as a condition of approval. Therefore, there is not, nor will there be a need for the use of the right-of-way for any public purpose other than that which is accommodated through dedication of an easement. B) That the abandonment does not, nor will not, prevent access to a lot of record. Planning and Zoning Board Staff Report N.W. 6th Avenue Abar~donment Page 3 ~ The subject right-of-~way, located between N.W. 7th Street and Gardenia Terrace, is unimproved. Lots 'immediately to the east and west of the abandonment area (including Lot 28) have double frontage, with north property lines adjacent to N.W. 7th Street and south property lines adjacent to Gardenia Terrace. Abandonment of the subject right-of-way will not prevent access to any lots of record. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. No access is taken from the subject right-of-way. An east/west utility line is located adjacent the south property line which will be accommodated in an easement. No detriment will therefore result for the provision of the above services. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. The abandonment area will be combined with Lot 28 to the east to accommodate the construction of a single family home. It is noted the adjacent property owner to the west has constructed a fence within the public right.of- way. After abandonment the fence must be moved off private property, unless an agreement is reached between the property owners to allow it to remain. 1. Continue with direction. 2. Recommend approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(O)(5). · · "' ~ ..... . ~:! '~ ..... !"~!.~ . '"~ .... ~'" ~' t ............. ::~ ' ~'~ ........... ~" ~1 By motion, recommend approval of the abandonment of the 25' portion of N.W. 6th Avenue adjacent to Lot 28 located within Lake Ida Manor Subdivision based upon positive findings with respect to LDR Section 2.4.6(0)(5), with the condition that a replacement easement over the existing east/west utility pole line be provided. Attachments: 13 Location Map, Survey, and Lake Ida Manor Plat TO: DAVID T, HARDEN FROM: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JUNE 17, 1997 ** CONSENT AGENDA" ABANDONMENT OF ALLE~AY IN BLOCK 24, DEL-~TON PARK FOR FRON~TH MOTOR VEHICLE SALES, RENTAL AND LEASING DEVELOPMENT Th~ action requested of the City Commission is that of approval of the abandonment of a 10' wide no~h-south alle~ay lying within Block 24, Del-~aton Park Subdivision. The alle~ay was dedicated with the recordation of the DeI-Raton Park subdivision in May 1926, and has not be~n improved. With the exception of this potion of the all~y the remaining pla~ed alle~ays within this Block have been abandoned. A condition of approval of the recent SAD zoning for the Paton Prope~y (west of alley) required the subject alle~ay to be abandoned and incorporated into the proposed d~velopment. The Planning and Zoning Board considered this request at its meeting of May 19, 1997 and unanimously recommended approval on a 7 to 0 vote, with the condition that a replacement easement be provided to cover an existing no~h south utility line. By motion: 1. Approve the abandonment of the alle~ay through the ena~ment of Resolution ~-97, with the following condition: That the abandonment shall not become effective and this Resolution not be recorded until such time as a replacement easement for the existing utility line has been recorded. A~chment: · Lo~tion Map RESOLUTION NO. 44-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN FOOT WIDE NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN BLOCK 24, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED ON THE NORTH SIDE OF AVENUE "G" BETWEEN U.S. HIGHWAY #1 AND FREDERICK BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT AND ACCEPTANCE OF AN EASEMENT DEED BY FLORIDA POWER & LIGHT FOR ITS FACILITY. WHEREAS, an application for abandonment of a ten foot (10') wide north/south alley right-of-way lying within Block 24, Del-Raton Park, located on the north side of Avenue "G" between U.S. Highway #1 and Frederick Boulevard, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of a portion of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(0) (3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this matter at a public hearing on May 19, 1997, and voted unanimously to recommend approval of the abandonment, based upon' positive findings pursuant to LDR Section 2.4.6(0) (5) and subject to the condition that a replacement easement be provided to Florida Power & Light for its facility; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0) (5) and subject to the receipt and acceptance of a replacement easement deed to Florida Power & Light for its facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to the receipt and acceptance by Florida Power & Light of an easement deed for its facility: A 10 foot alley bounded on the west by Lot 12; on the east by Lots 13-15; on the north by the westerly extension of the south line of Lot 16; on the south by the westerly extension line of the south line of Lot 13, all in Block 24, Del-Raton Park, according to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. Containing 0.017 acre, more or less. Section 2. That this abandonment of alley right-of-way described in Section 1 above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until a replacement easement deed has been provided to and accepted by Florida Power & Light for its facility. PASSED AND ADOPTED in regular session on this the 17th day of June, 1997. ~TT~ST: City Cl~rk ; !! - 2 - Res. No. 44-97 DOGWOOD DRIVE SHER WOOD GMC TRUCKS TROPIC TRANSPoRT~ A VENUE G ~ VENUE ~- AVENUE /3 A Y LA-MAT ~ A VENUE H MORSE ~ SA TURN DUMA R EA S TVIE W PLAZA VILLAGE - ABANDONMENT - PORTION OF THE ALLEY WAY FOR MOTOR VEHICLE SALES, RENTAL & LEASING [ITY JIF [IELAAY BEAgH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 D[tRAY BEACH POLICE LEGAL ADVISOR Ali. America City 1993 TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: June 10, 1997 SUBJECT: Delray Estates Substation Lease Attached for your review and insertion in the Consent Agenda are two copies of the above-referenced agreement. The only change from the previous agreement is the time period covered (July 1, 1997 to December 31, 1999). Also after the first full year of the agreement, either party can terminate the agreement with a written 30 day notice [Section 20(D)]. It is urged that the agreement be renewed as the substation has been an asset for the department in the deterring criminal activity in the area. Liability has not increased for the City as laid out in the provisions of Section 20(A) of the agreement. Feel free to contact me if I can be of further assistance in this matter. EDH:Ibg ~/~ c: Susan Ruby, City Attorney Allison MacGregor Harty, City Clerk Attachment Harden6 doc/docs/memos,/cityma ng RESIDENTIAL LEASE Apartment - Condominium - House BY THIS AGREEMENT made and entered into on 1997 between DANIEL GURDA herein referred to as Lessor, the CITY OF DELRAY BEACH, herein referred to as Lessee, and the Delray Estates Condominium Association herein referred to as Association. Lessor leases to Lessee the premises situated at 1541 Catherine Drive in the City of Delray Beach, County of Palm Beach, State of Florida, and more particularly described as follows: 1541 Catherine Drive, Delray Beach Florida 33445, Apartment #1 together with all appurtenances, for a term of two (2) years and six (6) months to commence on July 1, 1997 and to end on December 31, 1999 at 11:59 P.M. The Association shall be responsible for carrying out the terms of this lease specified in Item 20(b) and (c). 1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for demised premises the sum of One Dollar ($1.00) per month in advance on the first day of each calendar month beginning June 1, 1997 at 2095 Catherine Drive, City of Delray Beach, State of Florida, or at such other place as Lessor may designate. 2. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 3. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a police substation, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, of for any purpose other than as a police substation. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 4 Condition of Premises. Lessee stipulates that he has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 5. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 6. Alterations and Improvements. Lessee shall make no alteration to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of the Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 7. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 8. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be consider hazardous or extra hazardous by any responsible insurance company. 9. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises. 10. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor shall be responsibility of Lessor or his assigns. 11. Animals, Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. 12. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises in all buildings and improvements thereon. 13. Display of Signs. During the last 30 days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. Lessee shall be allowed to display signs identifying the unit as a Police Sub-station during the period of the lease. 14. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subiect, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 15. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on thirty (30) days written notice served by either Lessor or Lessee on the other party. 16. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 17. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance or of compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if, within thirty (30) days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. Likewise, if any default is made in the performance of or compliance with any other term or condition hereof, the lease at the option of Lessee, shall terminate and be forfeited, and Lessee may vacate the premises and remove all persons and personal property therefrom. Lessor shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if within thirty (30) days of receipt of such notice, Lessor has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 18. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof for a period of thirty (30) days or more, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have bccn payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 19. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 20. Other Terms: A. Sovereign Immunity. Nothing herein shall be shall be deemed a wavier of the city's sovereign immunity as set forth in Florida Statute 768.28. B. Repairs Prior to Enter. Lessor shall be responsible for all repairs, and establishing apartment in good condition on the interior prior to entry, by Lessee. The Association shall be responsible for all repairs and establishing apartment in good condition on the exterior, prior to entry by Lessee. 4 C. Mortgage Payments and Maintenance Fees. The Association and Lessc~r agree that the Association will pay to Lessor the sum of Three Hundred Twenty-Five Dollars ($325.00) per month to cover monthly mortgage payments during the term of this lease. The Association agrees to waive all monthly maintenance fees during the term of this lease. The Association and Lessor further agree that Lessee shall not be liable for any mortgage payments or maintenance fees under any circumstances during the term of this lease. D. Lease Termination. Either party may terminate this lease without cause on 30 days notice, in writing, to the other party beginning on June 1, 1998. IN WITNESS WHEREOF, the parties have executed this lease at City of Delray Beach, Florida, day and year first above written. By: Mayor Jay Alpedn, Lessee Daniel Gurda, Lessor ATTEST: DELRAY ESTATES CONDOMINIUM ASSOCIATION City Clerk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach GurdaD.agt Idoc,/agreemen/~u bstlea [lTV DF DELRIIV BEIH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 - FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR Ali.America Ci~ ~:~ TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: June 10, 1997 SUBJECT: Mad Dads Lease Agreement Attached for your review and insertion in the Consent Agenda are two copies of the above-referenced agreement. The Department feels that allowing Mad Dads to utilize the room stipulated in the agreement at the Atlantic Gardens Substation would be a positive benefit to the community and allow Mad Dads to carry out their programs in a safe environment. In light of the contributions that Mad Dads makes to the community, the City would not charge rent for the room. As for liability, Section 20(A) covers our sovereign immunity per F.S. 768.28. If this lease meets your approval, please place the lease on the Consent Agenda at your earliest convenience. Please feel free to contact me if I can be of further assistance in this matter. EDH:lbg ...~//~"~ c: Susan Ruby, City Attorney Allison MacGregor Harty, City Clerk Attachment Harden7.doc/docs/memos/citymang Pr r to ~ o,'~ Recvci..~l f~P~f,~er RESIDENTIAL LEASE Apartment - Condominium - House BY THIS AGREEMENT made and entered into on , 1997 between CITY OF DELRAY BEACH herein referred to as Lessor, and MAD DADS, INC., herein referred to as Lessee. Lessor leases to Lessee the premises situated at 141 Southwest 12th Avenue, in the City of Delray Beach, County of Palm Beach, State of Florida, and more particularly described as follows: 141 Southwest 12th Avenue, Delray Beach Florida 33444, Room No. one (1), together with all appurtenances, for a term of six (6) months, ~ to commence on and to end on , 1998 at 11:59 P.M. 1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for demised premises the sum of Zero Dollars ($0.00) per month in advance on the First day of each calendar month beginning ,1997 at 141 Southwest 12th Avenue, City of Delray Beach, State of Florida, or at such other place as Lessor may designate. 2. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 3. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a police substation, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, of for any purpose other than as a police substation. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 4. Condition of Premises. Lessee stipulates that he/she has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 5. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 6. Alterations and Improvements. Lessee shall make no alteration to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of the Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 7. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty-not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenatable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 8. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be consider hazardous or extra hazardous by any responsible insurance company. 9. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises. 10. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor shall be responsibility of Lessor or his assigns. 11. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. 12. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises in all buildings and improvements thereon. 13. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 14. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on thirty (30) days written notice served by either Lessor or Lessee on the other party. 15. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 16. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance or of compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if, within thirty (30) days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. Likewise, if any default is made in the performance or of compliance with any other term or condition hereof, the lease at the option of Lessee, shall terminate and be forfeited, and Lessee may vacate the premises and remove all persons and personal property therefrom. Lessor shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if within thirty (30) days of receipt of such notice, Lessor has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 17. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof for a period of thirty (30) days or more, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 18. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this 19. Other Terms: A. Sovereign Immunity. Nothing herein shall be shall be deemed a wavier of the city's sovereign immunity as set forth in Florida Statute 768.28. 4 IN WITNESS WHEREOF, the parties have executed this lease at City of Delray Beach, Florida, day and year first above written. By: Mayor Jay Alperin, Lessor Mad Dad, Inc. Lessee ATTEST: City Clerk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach 5 [lTV DF I]ELAilV BEII[H CITY ATTORNEY'S; OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR Ali,America Ci~ 1993 TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: June 10, 1997 SUBJECT: Steven Mades Commercial Lease Agreement Attached for your review and insertion on the Consent Agenda are two copies of a short term lease. This lease allows the Police Department to utilize the property located at 1449 South Congress Avenue as a meeting room for the establishment of a project neighborhood at Rainbow Homes. As the majority of the people who live at Rainbow Homes are older, it is felt by all parties concerned that the meeting room would be a convenient place to conduct the meetings. Attached for your review is a copy of a memo by Officer Aronowitz regarding the reasons for this agreement. In light of this situation and to protect the City's sovereign immunity, it is urged that the Commission pass the short term lease which insures that the protections afforded the City pursuant to F.S. 768.28 are preserved. Feel free to contact me if I can be of further assistance in this matter. EDH:Ibg ~ F' c: Susan Ruby, City Attorney Allison MacGregor Harty, City Clerk Attachment Harden5.doc/decs/memos/c~Wmang Pr,vlte,:~, on ~cy,?~od P~p~f DELRAY BRACIt POLICE DEPARTMENT MEMORANDUM JUNE 3, 1997 TO: CAPT. P,. PHILLIPS, COMMANDER DISTRICT 3 FROM: OFC. BRIC ARONOWITZ-~ ~ ~ Y~' THRU: LT. GLENN OOSS, B PLATOON COMANDER SUBIECT: RAINBOW HOMES--MEETING LOCATION Il ~11_ I Il, . - _ I Il . Il I . Please be advised I contacted Mr. William Goldsmith at Gator Investments mgm'ding 1449 S. Congress Ave. I explained to Mr. Goldsmith that thc Police Department is currently attempting to establish a project neighborhood at Rainbow Homes located across from his mall Mr. Goldsmith is generously allowing us to use thc vacant store at 1449 S. Congress Ave. He requested that we submit a written request and a Release of Liability to Mr. Steve Mades, who is aware of our conversation. I spoke with Mr. Mades who understands that we intend to occupy the unit from Sune 1 l thru July 1, 1997. He was unable to advise ifthe unit had power (electricity) or not. Mr. Mades requested that wc fax the information to him ASAP at (305) 948-6478. Upon receipt of our request and liability release, he ~ arrange for us to have the keys. If you need to contact Mr. Mades, he can be reached at (305) 949-9049. If you have any questioos, please contact me at your convenier~.~. STEVEN MADES COMMERCIAL LEASE BY THIS AGREEMENT made and entered into on 1997 between STEVEN MADES herein referred to as Lessor, and the CITY OF DELRAY BEACH, herein referred to as Lessee. Lessor leases to Lessee the premises situated at 1449 South Con.qress Avenue in the City of Delray Beach, County of Palm Beach, State of Florida, together with all appurtenances, for a term of 21 days to commence on June 11, 1997 and to end on July 1, 19,97 at 11:59 P.M. 1. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a meeting room, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, of for any purpose other than as a meeting room. Lessee shall comply with ali the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 2. Liability: The Lessor and Lessee agree that to the extent permitted by law Lessor and Lessee shall each be responsible for their own negligence. Nothing herein shall be deemed a waiver of the City's sovereign immunity as set forth in F.S. 768.28. IN WITNESS WHEREOF, the parties have executed this lease at City of Delray Beach, Florida, day and year first above written. By:. Mayor Jay Alpedn, Lessee Steven Mades, Lessor ATTEST: City Clerk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach Mades agt. ldoc/ag ree men/~u bsflea MEMORANDUM To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director J~ From: Michael Simon, Interim Community Development Coordinator~.~ Date: June 11, 1997 Subject: Contract Approval/Children's Substance Abuse Grant ITEM BEFORE THE COMMISSION This is to request approval of the Fiscal Year 1997-98 contract with the Florida Department of Health and Rehabilitative Services (HRS). This represents a renewal of a contract first approved by City Commission in March 1995. BACKGROUND This will be our third full year of administering this block Grant on behalf of the MAD DADs of Greater Delray Beach organization. The purpose of the grant is to provide drug prevention services through the Excel Focus Five Program to 5th grade children living within the CDBG target area and attending Pine Grove Elementary School. The 7/1/97 - 6/30/98 grant amount totals $27,583.00, an amount equal to the previous year's funding. The grant funds are used to provide cultural field trips, homework assistance, guest speakers, golf, tennis, dance and music lessons as a means of preventing at risk children from experimenting with drugs, it is a collaborative effort between HRS, MAD DADs and the City of Delray Beach, Pine Grove Elementary School, and several private funding sources. The grant requires a 33% match which may either be in-kind or cash. The City provides in-kind match in the form of office space and technical assistance from City staff. MAD DADs provides a cash contribution that exceeds the match requirements. This contract has been reviewed and approved by the City Attorney. RECOMMENDATIONS Staff recommends approval of this contract in order to continue to provide this type of service to the children of the CDBG target area. Agenda Item No.: ~' AGENDA REQUEST Request to be placed on: Date: ~//~ Regular Agenda Special Agenda Workshop Agenda ~/// Consent Agenda When: , .Description of item (who, what, where, how much): The approval of the Substance Abuse Grant for the Excel Focus Five Program of the MAD D~s organization. The City acts as the administrator of the Grant on behalf of MAD D~s. The Grant is for FY 1997-98. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of contract renewal of the contract with the Florida Department of Health and Rehabilitative Services for FY 1997-98. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55 . 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: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda NO Hold Until: - Agenda Coordinator Review: Received: Action: Approved/Disapproved ~ CFI)A No. i~/A Oieut [] Nou-Oieat [] Multi-District [] Grant~ and Aids Ye s STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department", and T~ CT'I'Y OF' DET,RAY RFJ~CR hereinafter refer~ed to as the "provider". THE PARTIES AGREE: I. THE PROVIDER AGREES: A. To provide services in accordance with the conditions specified in Attachment I. B. Requirements of Section 287.058, FS To Provide units of deliverables, including reports, findings, and drafts, as spectfied in Attachment I, to be received and accepted by the contract manager prior to payment. To comply with the criteria and final date by which such criteria must he met for completion of this contract as specified in Section III, Paragraph A. of this contract. To submit bills for fees or other compensation for services or expenses in suft'~ent detail for a proper pre- audit and post-audit thereof. Where applicable, to submit bills for any travel expenses in accordance with section 112.061, FS. The department may, if specified in Attachment I, establish rates lower than the maximum provided in section 112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or received by the provider in conjunction with this contract. It is expressly understood that the provider~s refusal to comply with this provision shall constitute an immediate breach of contract. C. · To Agree to the Following Governing Law 1. State of Florida Law This contract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the contract. 2. Federal Law a. If this contract contains federal funds, the. provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations as specified in Attachment I. b. If this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air ACt, as amended (42 U.S.C. 1687(h) et seq.), section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the department. c. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment N/A. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure form~-required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. d. Not to employ unauthorized aliens. The department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract by the department. D. Audits, Records, and Records Retention 1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the department under this contract. 2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage ~edia) pertinent to this contract for a period of five (5) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilita'te the duplication and transfer of any said records or documents during the required retention period as specified in Section I, Paragraph D.2. above. 4. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other personnel duly authorized by the department. 5. Persons duly authorized by the department and Federal auditors, pursuant to 45 CFR, Part 92.360)(10),.shall have full access to and the right to examine any of provider's contract and related records and documents, regardless of the form in which kept, at all reasonable times for as long as records are retained. 6. To provide a financial and compliance audit to the department as specified in Attachment [! . and to ensure that all related party transactions are disclosed to the auditor. 7. ' To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. E. Monitoring by the Department To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, and/or goods and services of the provider which are relevant to this contract, and/or to interview any clients and employees of the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such evaluation the department will deliver to the provider a written report of its findings and will include written recommendations with regard to the provider's performance of the terms and conditions of this contract. The provider will correct all noted deficiencies identified by the department within the specified period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of the department, result in any one or any combination of the following: (1) the provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider by the department; and, (3) the termination of this contract for cause. F. indemnification NOTE: Paragraph l.F.1, and 2. are not applicable to contracts executed between state agencies or subdivisions, as defined in section 768.28, FS. 1. The provider shall be liable for and shall indemnify, defend, and hold harmless the department and all of its officers, agents, and employees from all claims, suits, judgments, or damages, consequential or otherwise and including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property. CF STDCT JF 12/96 1 CONTRACT # 2. The provider's inability to evaluate liability or its evaluation of liability shall not excuse the provider's duty to defend and indemnity within seven (7) days after such notice by the department is given by ce~fmd mail. Only adjudication or judgment after highest appeal is exhausted specifically finding the provider not liable shall excuse performance of this provision. The provider shall pay all costs and fees related to this obligation and its enforcement by the department. The department's failure to notify the provider of a claim shall not release the provider of the above dub/to defend. G. Insurance To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract and any renewal(s) and extension(s) o! it. Upon execution of this contract, unless it is a state agency or subdivision as defined by section 768.28, FS, the provider accepts full responsibility for identifying and determining the type(s) and extent of liability Insurance necessary to provide reasonable financial protectlona for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self4nsuranco program established and operating under the laws of the State of Florida. The department reserves the right to require additional Insurance as specified in Attachment I where appropriate. It, Safeguarding Information Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state regulations and Federal law or regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department which shall not be unreasonably withheld. Any subiicense, assignment, or transfer otherwise occurring shall be null and void. 2. The provider shall be responsible for all work performed and all expenses incurred with the project. If the department permits the provider to subcontract all or pert of the work contemplated under this contract, including entering into subcontracts with vendors for services and commodities, it is understood by the provider that the department shall not be liable to the subcontractor for any expenses or liabilities Incurred under the subcontrect and the provider shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against such claims. 3. The State of Florida shall at all times be entitled to assign or transl'er its rights, duties, or obligations under this contract to another governmental - . agency in the State of Florida, upon giving prior written-notice to"the provider. In'the event the"State of Florida'approves transfer of'the Pr~)vider's obligations, the provider remains responsible for all work performed and all expenses incurred in connection with the contract. In addition, this contract shall bind the successors, assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of Florida. 4. Unless othenvise stated In the contract between the provider and subcontractor, payments made by the provider to the subcont~ctor must be within seven (7) working days after receipt of full or partial payments from the department in accordance with section 287.0585, FS. Failure to pay within seven (7) Working days will result in a pena~ charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. J. Return of Funds To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days without prior notification fi.om the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. K. Incident Reporting 1. Client Risk Prevention If services to clients will be provided under this contract, the provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in HRSR 215-6 Paragraph 5, in the manner prescribed in HRSR 215-6 or district operating procedures. 2. Abuse, Neglect, and Exploitation Reporting In compliance with Chapter 415, FS, an employee of the provider who knows or has reasonable cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited shall immediately report such kno~edge or suspicion to the Flodda Abuse Hotline on the single statewide toll-free telephone number (1- 800- 96ABUSE). L Transportation Disadvantaged If clients are to be transported under this contract, the provider will comply with the provisions of Chapter 427, FS, and Rule Chapter 41-2, FAC. The provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, HfS Accounting Procedures Manual. M. Purchasing 1. PRIDE It is agreed that any articles which are the subject of, or are required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterp~ses, Ino. (PRIDE) identif'md under Chapter 946, FS, in the same manner and under the procedures set forth in subsections 946.515(2) and (4), FS. For purposes of this contract, the provider shall be deemed to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless othenvise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (904) 487-3774. 2. Procurement of Materials with Recycled Content It is expressly understood and agreed that any products or materials which are the subject of, or are required to carry out this contract, shall be procured in accordance with the provisions of sections 403.7065, and 287.045, FS. N. Civil Rights Requirements Note: N.1. applies only to providers with §~teen (15) or more employees. N.2. applies only to providers providing direct services to clients and if fifteen (15) or more individuals are employed. 1. The provider will not discriminate against any employee in the performance of this contract, or against any applicant for employment, because of age, race, c3'eed, color, disability, national odgin, or sex. The provider further assures that all contractors, subcontractors, subgrantees, or others with whom R an-anges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees because of age, race, creed, color, disability, national origin, or sex. 2. Compliance Questionnaire In accordance v~th HRSM 220-2, the provider agrees to complete the Civil Rights Compliance Questionnaire, HRS Forms 946 A and B, if services are directly provided to clients and if 15 or more individuals are employed. CONT]~ACT # O. Independent Capacity of the Contractor 1. In performance of this contract, it is agreed between the parties that the provider is an independent contractor and that the provider is solely liable for the performance of all tasks contemplated by this contract which are not the exclusive responsibility of the department. 2. Except where the provider is a state agency, the provider, its officers, agents, employees, subcontractors, or assignees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida. Nor shall the provider represent to others that it has the authority to bind the department unless specifically authorized to do so. 3. Except where the provider is a state agency, neither the provider, its officers, agents, employees, subcontractors, nor assignees are entitled to state retirement or state leave benefits, or to any other compensation or state employment as a result of performing the duties and obligations of this contract. 4. The provider agrees to 'take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Flodda. 5. Unless justified by the provider and agreed to by the department in Attachment I, the department will not furnish services of support (e.g., off-me space, office supplies, telephone service, secretarial, or cledcal support) to the provider, or its subcontractor or assignee. 6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the responsibility of the provider. P. Sponsorship As required by section 286.25, FS, if the provider is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: 'Sponsored by (provide(s name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. Q. Final Invoice To submit the final invoice for payment to the department no more than 4.5 days after the contract ends or is terminated. If the provider fails to do so, all right to payment is forfeited and the department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approVed by the department. R. Use Of Funds For Lobbying Prohibited To comply with the provisions of section 216.347, FS, which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. S. 'PUblic Entity Crime Pursuant to section 287.133, FS, the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, FS, for CATEGORY 'I'WO for a period of 36 months from the date of being placed on the convicted vendor list. T. Patents, Copyrights, and Royalties 1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under this contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. 2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify the Department of State. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. 3. The provider, without exception, shall indemnify and save harmless the State of Florida and its employees from liability of any nature or kind, including cost and expanses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the provider. The provider has no liability when such claim is solely and exclusively due to the Department of State's alteration of the article. The State of Florida will provide prompt written notification of claim of copyright or patent infringement. Further, if such claim is made or is pending, the provider may, at its option and expense, procure for the Department of State, the dght to continue use of, replace, or modify the article to render it non-infringing. If the provider uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. Ii. THE DEPARTMENT AGREES: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $2.'7~$$3.00 , subject to the availability of funds. The State of Florida's performance and obligation to payunder this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. B. Contract Payment Pursuant to section 215.422, FS, the department has five (5) w~rking days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specil~es otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved, a separate interest penalty set by the Comptroller pursuant to section 55.03, FS, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal office/contract administrator. Payments to health care providers for hospital, medical, or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined, at the daily interest rate of .03333%. Invoices returned to a vendor due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment. Invoice payment requirements do not start until a property completed invoice is provided to the department. C. Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or 143004348-3792, the State of Florida Comptroller's Hotline. III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective and Ending Dates This contract shall begin on July 1, ] 997 or on the date on which the contract has been signed by both parties, whichever is later. It shall end on June 30, 1998 3 CONTRACT # 1Jl/97 B. Termination 1. Termination at Will This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds In the event funds to finance this contract become unavailable, the department may terminate the contract upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The department shall be the final authority as to the availability and adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work satisfactorily completed prior to nofifioation of termination. 3. Termination for Breach This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to the provider. If applicable, the department may employ the default provisions in Chapter 60A-1.006 (3), FAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the department's right to remedies at law or in equity. 4. Termination for Failure to Satisfactorily Perform Prior Agreement Failure to have peri'ormed any contractual obligations with the department in a manner satisfactory to the department will be a sufficient cause for termination. To be terminated as a provider under this provision, the provider must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for cause. C. Renegotiation or Modification MOdifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers): 1. The provider name, as shown on page 1 of this contract, and mailing 3. The name, address, and telephone number of the contract manager address of the official payee to whom the payment shall be made is: for the department for this contract is: The City of Delray Beach Mary Montgomery 100 N.W. First Avenue· ' A.G. Holley Hospital, PiO. Box 3084 ' Delray Beach, Florida 37.~.4 Lantana, Florida 33465 (561) 540-1308 2. The name of the contact person and street address where financial 4. The name, address, and telephone number of the representative of and administrative records are maintained is: the provider responsible for administration of the program under this contract is: Dorothy Ellington Lula Butler 100 N.W. First Avenue 100 N.W. First Avenue Delray Beach, Florida 33444 Delray Beach, Florida 33444 (561) 243-7203 5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. E. All Terms and Conditions Included This contract and its attachments as referenced, Attachments I and II ,contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is found to be illegal or unenforceable, the remainder of the contract .shall remain in full force and effect and such term or pro¥ision shall be stricken. I have read' the above contract and understand each section and paragraph. IN WITNESS THEREOF, the parties hereto have caused this 33 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: STATE OF FLORIDA, DEPARTMENT OF THE CITY OF DELR~Y BE~CH CIIILDRENAND FAMILIES SIGNED BY: SIGNED BY: NAME: NAME: TITLE: TITLE: DISTRICT 9 ADMINISTRATOR DATE: DATE: STATE AGENCY 29 DIGIT SAMAS CODE: Federal EID# (or SSN): 59- 6000308 Provider Fiscal Year Ending Date: ?_..~/ 3 0 _ 4 CONTRACT 07/01/97 Contract No. City of Delray Beach Alcohol, Drug Abuse and Mental Health Services (ADM) ATTACHMENT I - PERFORMANCE CONTRACT A. Services To Be Provided The provider will ensure the provision of Alcohol, Drug Abuse and Mental Health Services as specified in Exhibit A. 1. Definition of Terms a. Contract Terms (1) Day means calendar day. (2) Year means fiscal year which begins July 1 and ends June 30. (3) Local match is described in Chapter 394.76, Florida Statutes (F.S.) and Chapter'65E-14.005, Florida Administrative Code (F.A.C.)i (4) Major remodeling is defined as any construction to property that materially affects its value. (5) Major medical equipment is defined as fixtures and other tangible personal property of a nonconsumable and nonexpendable nature, the value of which is $500 or more and the normal expected life of which is one year or more. (6) Prorated share is defined as the total number of unpaid units or funds divided by the number of months remaining between the time the prorated share is calculated and the end date of the contract. (7) Contract period is defined as the time period between the contract's effective date and end date. (8) The Substance Abuse and Mental Health Integrated Data System (IDS) is a manual that contains the policies and procedures for reporting client demographic and treatment information to the department for persons receiving substance abuse and mental health services. (9) State Integrated Substance Abuse Reports (SISAR) is a manual that contains the policies and procedures for reporting federally required client demographic and treatment information to the department for persons receiving substance abuse services. (10) Units of services are defined as the unit of measure for billing the department for services. There are eight different units of measure; the definition of each can be found in Chapter 3 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. (11) Verifiable service is the documentation of a service event that is in compliance with the documentation requirements contained in Appendix A, Cost Center Definitions and Models, of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. (12) Client fees means compensation received by the provider for services rendered to clients from any source of funds, including city, county, state, federal and private sources. 5 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) b. Program/Service Specific Terms (1) Services and cost centers are synonymous terms. Each service is defined in Appendix A, Cost Center Service Definitions and Models, of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. (2) Community-based is defined as any service provided outside a state mental health facility and general hospital licensed under Chapter 395, F.S. (3) Client as defined herein means any individual receiving services in any alcohol, drug abuse, or mental health facility, program, or service whose cost of care is paid, in part or in whole, by the department and Medicaid. Recipients and persons receiving services are used synonymously with client. (4) State custody refers to the care of clients being made the · .responsibility ora state agency by court order by Chapters 393,394, 397, 916, 39, F.S. (5) Performance"standards are quantitative and qualitative indicators that can be used by the department to objectively measure a provider's performance. A detailed description of each of the performance standards contained in this contract can be found in Appendix Q of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. (6) Target populations are defined as homogenous groups of persons that are in need of substance abuse and mental health services. A detailed definition of each can be found in Appendix Q of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. 2. General Description a. General Statement These are community based services provided by local programs as authorized in Chapter 394.74, F.S. b. Authority (1) The provider agrees to comply with Chapters 394 and 397, F.S., Chapters 65E-4, 65E-5, 65E-10, 65E-12, 65E-14, 65E-15, and 65E-16, F.A.C., the Guide to Performance. Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition, the State Integrated Subsiance Abuse Reporting Manual and the Substance Abuse and Mental Health Integrated Data System Manual, as appropriate. All of the above referenced documents are hereby incorporated herein by reference, as if fully set out here. (2) The provider agrees to comply with the ADAMHA Reorganization Act, P.L. 102-321, Section 201 Part B of Title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.) as amended July 10, 1992 and 45 CFR Parts 74 and 96 which are hereby incorporated herein by reference, as if fully set out here. (3) The provider agrees to comply with the requirements of Public Law 103-227 which is incorporated herein by reference, with the same force and effect as if given in full text and will not allow tobacco smoking in any portion of any indoor facility used for the provision of services for children under the age of 18, if those services are funded by Federal programs either directly or through state or local HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) governments. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds is Medicare or Medicaid. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. (4) The provider agrees to comply, within 30 days of notification from the department, with all other applicable state standards, Florida Statutes and Administrative Codes established by the department or made known in writing to the provider that are not included herein. (5) The provider, if appropriate, agrees to comply with the federal and Florida pharmaceutical rules, regulations, and statutory requirements as specified in Chapter 465, F.S. which is hereby incorporated herein by reference, as if .. fully. ~et out here. ' (6) 'Pursuant to' section 20.19(20)(c)i.', F.S., the provider agreei to maintain data on the performance standards specified in Exhibit D and Exhibit N/A for the types of services provided under this contract and shall submit such data to the department upon request. (7) The provider agrees to participate in the Title XIX Florida Medicaid Program as defined in the Community Mental Health and Substance Abuse Services Programs, Rule 59-4.050, F.A.C. which is hereby incorporated herein by reference, as if fully set out here., and Targeted Case Management and will: (a) Pursue and submit vouchers on all Medicaid eligible clients for Medicaid eligible services. Co) Identify and report Medicaid earnings separate from all other fees. Medicaid earnings cannot be used as local match. (c) Ensure that Medicaid payments are accounted for in accordance with applicable federal regulations. (8) If Exhibit B indicates that this contract includes federal funds authorized under the ADAMHA Block Grant Program, which includes the Community Mental Health Services Block Grant and the Substance Abuse Prevention and Treatment Block Grant, the provider agrees to: (a) Ensure that block grant funds are not used to fund inpatient services. Inpatient services are defined as services delivered in a licensed hospital. (b) Ensure that block grant.funds are not used to make cash payments to intended recipients Of health services. (c) Ensure that block grant funds are accounted for in a manner that permits separate reporting. (d) Ensure that block grant funds are not used to satisfy any requirement for the expenditure of non-federal funds as a condition of the receipt of federal funds. (e) Ensure that block grant funds are not used for the purpose of purchasing or improving land, to purchase, construct or permanently improve (other than minor remodeling) any building or other facility, or to purchase major medical equipment. (f) Ensure that block grant funds are not used to provide financial assistance to any entity other than a public or nonprofit private entity. HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) (g) Ensure that block grant funds are not used to pay the salary of an individual, through a grant or other extra mural mechanism, at a rate in excess of $125,000 per year. (h) Ensure that block grant funds are not expended to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug or distributing bleach for the purpose of cleansing needles for such hypodermic injection. (i) Ensure that block grant funds are not expended to carry out any testing for the etiologic agent for acquired immune deficiency syndrome unless such testing is accompanied by appropriate pretest counseling and post-test counseling. (j) Ensure that, to the maximum extent practiCable, each person who requests and is in need of treatment for intravenous drug abuse is admitted to appropriate treatment within 14 days Of the request or is'pr°vided interim services within 48 hours and admitted to treatment within 120 days. (k) Ensure that program income derived from services funded in whole or in part is accounted for in accordance with 45 CFR Part 74.24. (9) If Exhibit B indicates funding from the Substance Abuse Prevention and Treatment Block Grant, the provider agrees to also ensure, as appropriate, the following: (a) That funds expended for prevention are directed at individuals not identified to be in need of treatment using one or more of the six strategies defined in Interim Final Rule 45 CFR Part 96.125; and that alcohol and other drug expenditures, in terms of the units and unit costs given in Exhibit A, are not less than the amounts indicated in Exhibit B. (b) That funds expended for services to women are in accordance with Interim Final Rule, 45 CFR Part 96, and Rule 10D-115, F.A.C. which is · hereby incorporated herein by reference, as if fully set out here, and ensure compliance with the specification given in Chapter 10 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. which contains details regarding additional federal compliance requirements; and that, in terms of the units and unit costs given in Exhibit A, expenditures for alcohol services to women and other drug services to women are not less than the amounts indicated in Exhibit B. (c) That, in terms of the units and unit costs given in Exhibit A, expenditures for alcohol services are not less than the amounts indicated in Exhibit B. (d) That, in terms of the units and unit costs given in Exhibit A, expenditures for other drug services are not less than the amounts indicated in Exhibit B. (e) That the provider will provide outreach services in accordance with Interim Final Rule, 45 CFR Part 96, and that these services will be based on the following model: N/A which is one of the three models approved by the National Institute of Drug Abuse. The provider agrees to obtain written approval from the department for the method used, to secure written approval from the department before making any changes and ensure compliance with the specifications given in Chapter 10 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition which contains additional federal requirements. HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) (f) That early intervention services for the HIV projects are in accordance with Interim Final Rule, 45 CFR Part 96, and are in compliance with the specifications given in Chapter 10, Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition which contains additional federal requirements. (10) The provider agrees to use the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance-Related Disorders Second Edition (ASAM PPC-2) for assessing clients receiving substance abuse treatment services. c. Scope of Service ....... The Pr0vider's service catchment area will include the fOllowing " counties:_Palm Beach. The provider's catchment area will not include the following locations within the catchment area: N/A. To insure that state supported services are available continuously throughout the contract period, unless otherwise specified, services are to be provided evenly throughout the entire contract period. d. Major Program Goals The provider agrees to impact the following list of contributing factors as appropriate: For mental health services they are: Family/Natural Support, Community Support, Crisis and Emotional Impairment, Completion of/Adherence to Treatment Regimens, Safe/Stable Home Environment, Court-ordered Dispositions, Poverty, Life-skills Training, and Job Skill Training. For substance abuse they are: Safe/Stable Home Environment, Family/Natural Support, Lack of Knowledge, Early Identification and Intervention, Healthy Alternatives, Low Birth Weight, Diet/Nutrition, Substance Abuse, Developmental Disability, Unprotected Sex and Multiple Sex Partners, Risk-taking Behavior, Alcohol Use, Motor Vehicle Crashes and Domestic Violence. 9 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) 3. Clients to be Served a. The provider agrees to provide services funded by this contract to the target populations that are checked below: Mentally Ili Disabled Adults Adults in Mental Health Crisis Adults with Forensic Issues Seriously Emotionally Disturbed Children Children Emotionally Disturbed Parents Putting Children at Risk of Substance Abuse Persons with Substance Abuse in Criminal Justice System Intravenous Drug Users Dually Diagnosed Persons with Substance Abuse Other Persons with SUbstance Abuse " Children Using Substances Under State Supervision Children Using Substances Not Under State Supervision X Children At Risk of Substance Abuse b. Client Eligibility The provider agrees that all persons meeting the target population descriptions are eligible for services based on the availability of funds. The provider agrees that crisis stabilization units, substance abuse detox, and addiction receiving facilities must be provided to all persons meeting the criteria for admission. The provider agrees that persons not meeting the target population descriptions are not eligible clients. c. Client Determination The provider agrees to certify all persons served using the department's certification process given in Chapter 13 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services,. 4th Edition. A detailed description of each target population is given Appendix Q of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. The department will validate the provider's determinations to ensure accuracy. d. Service Eligibility The provider agrees to determine services a person should receive in accordance with Chapter 65E-15, F.A.C. for mental health services and the Substance Abuse Prevention and Treatment Block Grant for substance abuse services. In the event neither of the above is appropriate, the provider should use the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance-Related Disorders Second Edition (ASAM PPC-2). 10 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) e. Contract Limits Services provided under this contract are limited by the availability of funds. B. Manner of Service Provision - 1. Service Tasks a. The department will purchase units of services from the provider by program and in the amounts as specified in Exhibit A. Services must be provided in compliance with all applicable licensing rules and other service standards as approved by the department or included in Exhibit F-Agency Operational Plan/Service Plan FY 1997/98. b. The provider agrees to provide additional services eligible as local match up to the amount specified in Exhibit B. The provider agrees that local match will be managed in accordance with Chapter 6 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services. c. The Special Provision section of this contract may contain additional specifications regarding departmental notification of personnel changes. 2. Staffing Requirements a. Staff productivity standards are given in Chapter 4 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. b. The department reserves the right to be notified of staffing changes of persons in the following positions: Executive Director. c. The Special Provision section of this contract may contain additional specifications regarding departmental notification of personnel changes. 3. Service Location and Equipment a. The dates, times and location of services will be as specified in the approved district plan or departmentally approved agency operating plan as appropriate. b. The provider agrees to notify in writing the contract manager within 7 days of any changes in dates, times and locations of services that will materially affect compliance with the district plan or departmentally approved agency operating plan as appropriate. c. The provider agrees to provide all appropriate equipment necessary for the effective delivery of the services purchased. 11 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) 4. Deliverables a. The provider agrees to deliver the service units as specified in Exhibit A of the contract and additional services that are eligible as local match so that the unit cost of the additional services multiplied by the number of additional service units is equal to or greater than the required amount given in Exhibit B. b. The provider agrees to serve the number of persons indicated in Exhibit D of the contract. c. The provider agrees to meet the outcome standards as given in Exhibit D of the contract 5. Performance Specifications a. The provider agrees to the performance standards specified in Exhibit D of the contract. A detailed description of each standard is given in Appendix Q of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. b. The department will conduct an evaluation of the performance of the provider in achieving the standards specified in Exhibit D of the contract within 90 days after the contract's end date. The methodology for conducting this evaluation is given in Chapter 12 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. c. By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards set forth in paragraph B.5.a., above, and will be bound by the conditions set forth as follows: If the provider fails to pass its performance evaluation by the end date of this contract, the department, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards. If the department affords the provider an opportunity to achieve compliance, and the provider falls to achieve compliance within the specified time frame, the department will terminate the contract in the absence of any extenuating or mitigating circumstances. The determination of the extenuating or mitigating circumstances is the exclusive determination of the department. C. Method of Payment 1. This is a fixed price (unit cost) contract. 2. The department agrees to purchase units of services from the provider at the rates and in the amount specified in Exhibit A less client fees, provided the units are delivered in compliance with all other terms of this contract. 3. The amount of departmental financial participation shall not exceed $27.583.00 as detailed on Exhibit A, subject to the availability of funds. 12 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) 4. The provider agrees to provide additional services eligible as local match up to the amount specified in Exhibit B. The provider agrees that local match will be managed in accordance with Chapter 6 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services. 5. Payment System a. The provider agrees to request payment for services delivered on a monthly basis through submission of a properly completed invoice, Exhibit E, within 30 days following the end of each month in which services were delivered. b. The department may advance funds for N/A month(s) of this contract, based on documented and anticipated cash needs of the provider and provided that the advancement of funds is approved by the Office'ofthe Comptroller. EXCeptions may be made for federal grants that terminate within the first three months of the contract. c. In accordance with s.216.181(14)(a) and (b), F.S. and federal regulations, the provider agrees that unused advance funds will be temporarily invested by the provider in an insured interest bearing account. Interest earned on these deposits will be returned to the department on a monthly basis. d. After the initial advance period, the provider agrees to request payment based on actual numbers of service units delivered up to the prorated amount, beginning with the first month that was advanced. e. Invoices for the initial month's advances will not require supporting documentation. The comptroller reserves the right to request supporting documentation on particular invoices at any time after actual units have been delivered. f. The provider's final invoice, which is due 30 days after the contract's end date, must reconcile actual units earned during the contract period with the number paid for by the department. g. . The provider agrees that the amount of state earnings will be equal to the number of verifiable services provided to eligible clients times the rates given in Exhibit A less client fees. Services not eligible for payment under this contract are services paid for by Medicaid and third party contractual services as defined in Chapter 5 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services. Except as provided for in paragraph h. below, the total numbers of monthly service units paid under this contract can not exceed the monthly prorated number of units as specified in Exhibit A. h. The department may, if funds are available, release more than the monthly prorated share of the contract amount when the provider submits a request justifying the release of additional funds and that request is approved by the department. 13 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) i. The department may reduce a request for advance or withhold payment, if a provider is determined by the department to be out of compliance with the terms of this contract. Or payment may be reduced by a financial penalty, if specified in rule and if the provider fails to submit full client and services information, as required for the department's Integrated Data System, the State Integrated Substance Abuse Reports (SISAR), or the Performance Outcome data described in Appendixes Q and R of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Service, · 4th Edition, 90 days after the dates specified in Exhibit C, Required Reports. If a penalty is assessed after the end of this contract, the penalty will be assessed against next .year's payment. j. The department's decision to reduce or withhold funds shall be in writing and submitted to the provider. The written notice will specify the manner and extent to which the provider has failed to comply with the terms of the contract. When compliance is achieved,' Withheld' funds will be reinstated to the provider; " k. Without prior written notification to the department, the provider can not request payment for services provided in a prior month, if the actual number of services in the month for which payment is being requested, is less than 25 percent of the prorated amount of services by cost center as given in Exhibit A. D. Special Provisions 1. Fee Schedule The provider agrees to develop a fee schedule and fee collection policy, based on income and family size, which does not create barriers to persons in need of publicly supported services. The fee schedule and fee collection policy for publicly supported services shall be submitted to and approved by the department. 2. Grievance Procedures The provider agrees to establish-grievance procedures which applicants for and recipients of services may use to present grievances to the governing authority of the agency about services being provided under this contract. Additionally, the provider agrees to establish fair hearing procedures that.ensure all persons will be advised of their right to a fair hearing to appeal a denial or exclusion from services and the failure of staff to take into account the individual's choice of service. 3. Clinical Records The provider agrees that, as defined by section 394.459(9), F.S., clinical records are exempt from public records disclosure to protect client confidentiality. 4. Required Reports The provider agrees to submit to the department financial and programmatic reports specified in Exhibit C by the dates specified. 14 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) 5. Block Grant Funding Agreement Program Reports Upon request, the provider agrees to submit to the department information regarding the amount and number of services paid for bY either the Community Mental Health Services Block Grant and the Prevention and Treatment of Substance Abuse Block Grant. The amount of funding and services are specified in Exhibit B of this contract. Also, the provider will ensure that the amount of funding and services that is reported and paid for reconciles with their (1) audit report, (2) client information system, and (3) departmental invoices. 6. Special Audit Reporting Requirements The provider agrees that its audit report will include the standard schedules, as appropriate, that are given in Appendix J of the Guide to Performance Contracting'for Alcohol, Drug ,~buse and Mental Health Services. An audit report will ' not be accepted by the department, if it is missing these required schedules or if the schedules are in a different format. 7. Family Planning Information The provider agrees to advise appropriate recipients that family planning services are available on a sliding fee scale at the local county public health unit (CPHU). 8. Recipient Identification Number For persons and services being reported to the department through the ADM Integrated Data System and SISAR, the provider agrees to use the recipient's social security number. 9. Work and Gain Economic Self-sufficiency (WAGES) The Department of Children and Family Services and the Department of Labor and Employment Security have jointly implemented WAGES, an initiative to empower recipients in the Temporary Assistance to Needy Families and Program to enter and remaining gainful employment. Employment of WAGES participants is a mutually beneficial goal for the provider and the department in that it provides qualified .entry level employees needed by many providers and provides substantial savings to the citizens of Florida. The provider agrees to notify the department of all entry level employment opportunities associated with this contract which require a high school education or less. The department will contact the WAGES Coordinator in the Department of Labor and Employment Security regional office and request that WAGES participants be referred to the provider. In the event that the provider employs a person who was referred by the WAGES office, the provider will notify the department. 15 HC02 7/01/97 ADM Services ATTACHMENT I - PERFORMANCE CONTRACT (Cont.) 10. Psychotropic Medication The provider agrees that clients discharged from state mental health treatment facilities will be maintained on the medication that was prescribed for them by the facility at discharge for at least 90 days unless there is some extenuating medical reason for changing the client's prescription or the client requests the change. Maintaining includes performing required lab tests, providing the medication, and providing appropriate physician oversight. 11. Adjustment of Rates The provider agrees that the department may adjust the rates given in Exhibit A of the following year's contract if the most recent audit report indicates that the provider's current ratio or. days .cash on hand exceed the standards given in Chapter 9 of.the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th Edition. 12. Subcontracting with Minority Businesses The provider agrees to develop agency goals for doing business with minority owned/operated vendors, should any part of the Department of Children and Families contracted dollars be subcontracted out. Minority status is defined as: provider is at least 515 owned or controlled (i.e., composition of governing board if not-for-profit) by: a) Black, Hispanic, Asian or ative Americans, b) American Women, c) Combination of"a" and "b" (use only if"a" does not equal at least 51%) Prior to executing any subcontracts, the provider agrees to demonstrate to the department (Contract Manager) the following: · How the provider attempted to recruit and select minority vendors. · How many responses were received by the provider. · Why a minority vendor was/was not selected. 13. Compliance The provider agrees to comply with corrective action plans Or any other letters of agreement within the time frame approved by the department and the provider. 16 07/01/97 ADM Services EXHIBIT A Page I o£2 STATE FUNDING BY COST CENTER AND PROGRAM Agency Name The City o£Delray Beach Contract ~ Date: 7/01/97 Revision #__ Adult Adult Children's Child/Aflol COST CENTERS Mental Health Substance Abuse Mental Health Substance Abuse I 2 3 4 1. Assessment $ S S $ State Rate $ $ $ S Contact Hours Purchased 2. Case Management $ $ $ $ State Rate $ $ $ $ Direct Svs I-Irs Purchased 3. Crisis Stabilization $ $ State Rate $ $ Bed Days Purchased 4. Crisis Suppor~Emergency $ $ $ $ State Rate $ S $ $ StaffHours Purchased 5. Day Care $ $ State Rate $ $ Days Purchased 6. Day-Night $ $ $ $ State Rate $ $ $ $ Days Purchased 7. Drop-ln/Self-Help Centers $ State Rate $ Facility Days Purchased 8. In-home and On-site $ $ $ $ State Rate $ $ $ $ Direct Svs I-Irs Purchased 9. Inpatient $ $ State Rate $ Days Purchased 10. Intensive Case Management $ $ $ $ State Rate $ $ $ $ Dircet Svs I-Irs Purchased 11. Intervention $ $ $ State Rate $ $ $ $ Direct Svs Hrs Purghased 12. Medical Services $ $ $ $ State Rate $ $ $ $ Contact Hours Purchased 13. Methadone Maintenance $ $ State Rate $ $ Dosages Purchased 14. Outpatient a. Individual $ $ $ $ Individual State Rate $ $ $ $ Contact Hours Purchased b. Group $ $ $ $ Group State Rate $ $ $ $ Contact Hours Purchased 15. Outpatient Detox $ $ State Rate $ $ Days Purchased 07/01/97 ADM Services EXHIBIT A Page 2 of 2 STATE FUNDING BY COST CENTER AND PROGRAM Agency Name The City of Delray Beach_ Contract ~ Date: 7/01/97 Revision # Adult Adult Children's Chiid/Adol COST CENTERS Mental Health Substance Abuse Mental Health Substance Abuse I 2 3 4 16. Outreach S S $ State Rate $ $ $ $ Non-Direct Svs I-Irs Purchased 17. Prevention $ 27,583 $ $ $ State Rate $ 22.41 $ $ $ Non-Direct Svs Firs Purchased i,231 18. Prev/Interv - Day $ $ State Rate $ $ , Days Purchased 19. Residential Level I $ $ $ $ · State Rate . . $ $ . $ $ .. Days Purchased 20. Residential Level 2 $ $ $ $ State Rate $ Days Purchased 21. Residential Level 3 $ $ $ $ State Rate $ $ $ $ Days Purchased 22. Residential Level 4 $ $ $ $ State Rate $ $ $ $ Days Purchased 23. Respite Services $ State Rate $ Contact Hours Purchased 24. Sheltered Employment $ State Rate Days Purchased 25. Substance Abuse Detox $ $ State Rate S $ Bed Days Purchased 26. Supported Employment a. Individual $ $ $ $ State Rate Direct Svs ~ Purchased b. Enclave Model State Rate $ $ $ $ Direct Svs I-ks Purchased 27. Supported Housing/Living $ $ $ $ State Rate $ $ $ $ Direct Svs Hfs Purchased 28. TASC $ $ State Rate $ $ Direct Svs Hfs Purchased Total State Funds $ 27,583 $ 0 $ 0 $ 0 18 ?ttn? EXHIBIT B ADM Services FUNDING DETAIL Agency Name The City of Dclray Beach Contract # Dale: 07/01/97 Revision # MENTAL HEALTH ADULT COIvlM. MENTAL H~ALTH (DCA AMOUNT CHILDREN'S MENTAL HEALTH CeA AMOUNT Baker Act Services Children's Mental Health S~rvices C.~neral Revenue GR000 General Revenue GR000 $ ADAMH Trusl Fund * 190C7 Community ]vi=nmi Health Services ADA~H Tmsl Fund * 190C8 $ General Revenue OR000 S Granls nnd Duntntions Trust Fund ADAMH Trust Fund * 19007 $ Grant $ ADAMH Trust Fund * 19008 $ Federal Grants Trus~ Fund Federal Grants Trust Fund Title IV-B WO000 Homeless Grant GXO01 $ ~ Grant Community Mental Headth Services - CCMS Ifildren's Baker Act General Revenue GR000 $ General Revenue GR000 S ADAMH Trust Fund * 19007 $ ' ADAMH Trust Fund * 19008 $ urchased Residential Trenlment Services [ndlgent Drugs 0DP) General Revenue GR000 S General Revenue GR000 $ Line of Credit Purchase of Therapeutic Services General Revenue GR000 $ Special Project $ TOTAL ADULT COMM. MH 0 TOTAL CHILDREN'S MENTAL HEALTH 0 SUBSTANCE ABUSE ' ADULT SUBSTANCE ABUSE OCA AMOUNT CHILD/ADOL SUBSTANCE ABUSE OCA AMOUNT ~eneral Revenue GR000 $ General Revenue GR000 $27,583 ADAMH Trust Fund ADAMH TRUST FUND Federal F'~.c~l Y~r 1996-97 Grant Federal Fiscal Year 1996-97 Grant Unres~cted ** 27007 $ Uru'estricled ** 27007 $ Alcohol Prevention Services *** 27AP7 S Alcohol Prevention Services *** 27AP7 $ Alcohol Services *** 270A7 S Alcohol Services *** 270A7 $ O~her Drug Prevention Services *** 270P7 $ Other Drug Prevention Set'vices ** * 270P7 Other Drug Services *** 27007 $ Other Drug Services *** 27007 $ Other Drug Services to Women *** 270W7 $ Alcohol Sendces to Women *** 27AW7 Intravenous Drug Usage *** 27107 $ Federal Fiscal Ye,,r 1997-98 Grant Federal Fiscal Year 1997-9g Grant rm'estrlcled ** 27008 $ Unrestricted ** 27008 $ Jcohol Prevention Services *** 27AP8 $ Alcohol Prevention Services *** 27AP8 $ Alcohol Services *** 270A8 $ Alcohol Services *** 270A8 C~h. er Drug Prevention Srrvices *** 270P8 $ Other Drug Prevention Settees *** 270P8 Other Drag Services *** 27008 S Other Drug Services *** 27008 Oth~' Drug Services to Women *** 27AW8 Alcohol Services to Women ** * 270W8 $ Intravenous Drug Usage *** 27108 $ s&M Trust Fund V.1000 $ Child and Adolescent Substance Abuse Trust Fund rants and Donations Trust Fund Alcohol Consumption Surcharge VE000 Liquor License Fees RZ000 S RICO GY000 S Federal Grant Trust Fund Grant $ Federal Grants Trcst Fund AIDS/CDC Grant 9M000 $ Grant TOTAL ADULT SUB. ABUSE 0 TOTAL CHILD/ADOL SUB. ABUSE $27,583 [MATC. CALCUU~ONS ~mCABL£ TO COm~C~ FUNDS NOT REQUIRING MATCH TOTAL FUNDS REQUIR.I-NG MATCH $27,583 TOTAL FUNDS NOT REQ MATCH ~ S0 LOCAL MATCH REQU1KED $9,194 ' Community Mental Health Block Grant · 'Substance Abuse Prevention and Treatment Block Grant + + + Substance Abuse Prevention and Treatment Block Grant - Funding Agreement.- RESTRICTIONS APPLY 07/01/97 ADM Services EXHIBIT .C REQUIRED REPORTS Due Date Copies Send To Reports Required For All Providers 30 days after · . Response to Monitoring Reports receipt 1 Contract Mgr - Agency Service Capacity Budget Report FY 98 Final 8/1/98 2 Contract Mgr FY 99 Draft 3/15/98 1 Contract Mgr · Cost Center Expense Budget Report FY 98 Final 8/1/98 2 Contract Mgr FY 99 Draft 3/15/98 1 Contract Mgr · Cost Center Funding Sources and Revenue Budget Report FY 98 Final 8/1/98 2 Contract Mgr FY 99 Draft 3/15/98 1 Contract Mgr · FY 99 Local Match Plan .3/15/98 1 Contract Mgr - Monthly Data Specified for 30 days the Integrated Data System after month 1 PDADM · Monthly Data Specified for 30 days the Performance Data System after inonth 1 FMI-tI Reports Required for Substance Abuse Providers · State Integrated Substance Abuse 30 days Reports(SISA_R.) after month 1 PDADM 10th of each · Waiting List Report month 1 Contract Mgr · Alpha/Beta Pre and Post Reports Post Semester 1 Contract Mgr · HIV Counseling and Testing ..15th of each Monthly Report for CDC Grant month 1 Contract Mgr · HIV Outreach Annual Report annually 1 Contract M~r · Prevention Services Report annually I Contract Mgr Reports Required by Children's Mental Health Service Providers · Priority Service List N/A Other Reports · Cost Center Personnel Detail Report 3/15/1998 1 Contract Mgr 15 days afler · Quarterly Local Match Report end of quarter 1 Contract Mgr · Indigent Drug Report N/A N/A 15 days after · Quarterly Service Provision Report end ofquarler I Contract Mgr 2O City of Delray Beach Exhibit D Alcohol, Drug Abuse and Mental Health Performance Measures In addition to delivering the services specified in Exhibit A and the federal block grant restrictions specified in Exhibit N/A,. the provider agrees to the following performance measures and submit a report within fifteen days after the end of each semester. L Target Populations Numbers to Be Served A. Adult Mental Health 1. Forensic 2. Disabled 3. Crisis 'B.' ' Children's Mental Health 1. Seriously Emotionally Disturbed 2. Emotionally Disturbed C. Adult Substance Abuse 1. Parents Putting Children at Risk 2. Involved in Criminal Justice System 3. Intravenous Drug Users 4. Dually Diagnosed 5. Other D. Children's Substance Abuse 1. Under State Supervision and Abusing Substances 0 2. Not Under State Supervision and Abusing Substances 0 3. Children At-risk of Substance Abuse 24 Participants Objectives: · At least 85% of at -risk 5th graders in the target area will have increased knowledge about alternatives and more positive lifestyles by developing life and problem solving skills, academic improvement and increased drug awareness. Impact Objectives: · 80% of students enrolled will successfully complete the program. Agency report due fifteen days after the end of each marking period. · 60% of the program will include life skills and/or parenting skills program. City of Delray Beach Exhibit D Alcohol, Drug Abuse and Mental Health Performance Measures · The Excel Focus 5 will provide a minimum of 5 community based activities to include key community organization and stakeholders. (Example: community field trips) 80% of stui:lents will show improvement in academic attendance and classroom behavior. · 80% of parents or guardian will participate in the program and attend the Parent Effective Training program. EXHIBIT E H~S tJS£ ONLY HRS - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES MONTHLY ADVANCE/PAYMENT REQUEST a. AGENCY NAME b. DATE I I c. ADVANCE/PAYMENT: MONTH FOR THE MONTH OF d. FEDERAL ll~ e. PROGRAM f. ADDRESS (Number,City,~tate, Zip): PART 1 - SERVICE INVOICE COST CENTER STATE CONTRACT PRORATED Y-T-D TOTAL TOTAL ELIGIBLE BILLABLE UNADJ. AM'T RA'I~ UNITS UNITS PAID UNITS ALLOWABLE UNITS UNI'f~ UNITS DUE/(OWED) (A) (~) (C) (D) ~) (V) (O) (H) 0) (J) 1 2 4 6 7 8 9 I0 12 13 14 16 17 UNADJUSTED AMOUNT - UNEARNED AMOUNT - PRORATED SHARE OF IDP - TOTAL AMOUNT OF TOTAL DUE/OWED LINE OF CREDIT* STATE PAYMENT (K) (L) OvO (N) (K) * Only to be used when thc Exhibit B specifics this funding source. PART 2 - FUNDING DETAIL TR-SI VENDOR ID: CONTRACT NO.: 1 :: ::: ::~ :: ::: ::::: :: ::::::::: ::::: :'.:: :::::::: :::::'4::: :::::: ::: ::: '.:::::: ::::: ::::: ::::::::::::: ::=::::::::::::::::::::::::::::::::::::::::: :::::::::::: :: TOTAL AMOUNT OF STATE PAYMENT g. I certify the above to be accurate and in agreement with the agency's records and with the terms of the contract. Additionailly, I certify that all client demographic and service event data has been submitted to the department in accordance with the contract. / / Signature Title Date h. Contract Manager's Signature / / Signature Tiff e Date EXHIBIT F SERVICE DESCRIPTION Agency: City of Delray Beach Program: AMB CMB ASA~ CSA Cost Center: 1. Service Definition by Cost Center as Per ADM Guidelines: 2. Description of Services Provided: a. List specific tasks, i.e., counseling, case management, day treatment, etc. b. List the limit~ of the'task, i.e., programmatic, medical, geographic, etc. c. Specify times the service is available and hours of operation d. How often are clients served? e. If residential, attach a daily schedule a. Prevention services provided to fifth grade, at-risk children living within the Community Development Block Grant target area of the City of Delray Beach. Children are introduced and given oppommities to interface, develop growth of social and emotional skills and the ability to draw esteem from individual uniqueness. b. Tasks are performed in large and small group settings, allowing students to observe others behavior and to appreciate commonalties and differences.' It allows for hands-on arts and crafts, role play and visual and Performing Arts experiences. There are no medical components and participants are limited to the City-established CDBG target area. c. Services provided after school from 2:00 - 5:00 pm, Monday through Friday all full and half day teacher planning daYs. 3. Client to be Served: a. Describe the population b. Provide criteria for eligibility c. Describe discharge criteria and what constitutes service completion d. Describe any special target population a. Children living within the CDBG target area and attending Pine Grove Elementary School. Approximately 94% of the students live within this defined area and are considered a minority. b. Children are recommended for participation by their teachers. These children show no psychological or physiological problems but are working below their level of potential and expectation. c. As required by Section 10E-16.004(260 and (30), the protection of participants and discharge procedures shall be in accordance with the attached check information form. Slots are available to serve students who live within the Community Development Block Grant target area (bounded on the west by 1-95, the east by Federal Highway, the north by Lake Ida Road and the south by Linton Blvd). Service completion is established by the student being promoted into the next grade level (middle school). d. The CDBG target area houses the highest concentration of low and moderate households, most of which meet the Standard Title XX eligibility criteria. 4. Address and Telephone Number of Each Program: 'Pine GroVe Elementary School ...... 400 SW 10th Street Delray Beach, FL 33444 561/243-1554 5. Prom'am Director's Name and Location: Mr. Charles Ridley Full Service Center 301 SW 14th Avenue Delray Beach, FL 33444 6. Describe How Emergencies are Responded to or How Unexpected Needs for Service are Delivered: The attached procedures shall be adhered to in case of injury to participants or other emergency/non-emergency situations arise. These procedures are in compliance w/th Section 10E- 16.004(33)(C). 7. Staffin~ Levels: a. Specify number and type of staff members (staffing pattern) required to perform the work. b. What is the client to staff ratio? 2,5 c. What are the agency requirements regarding certification, licensing or professional experience? a. (1) Coordinator; (1) Supervisor; (1) Part-time, Volunteer College Student b. Client to staff ratio is 8 children to 1 adult c. Policies and Procedures are attached. 8. Explain Any Changes, Achievements or Modification for FY · The projected changes to our program are as follows: a. To provide activities and homework assistance from 4:00 - 6:00 pm for 6th graders who have participated in our program at Pine Grove. b. To find additional funding and staffing to accomplish this task. c. To acquire additional space to house children from other schools. 9. Explain Proposed Changes, If Any, For FY 97/98 and Rationale: a. To extend services to 6th graders at Carver Middle to track educational progress and to continue to provide support and homework assistance to these students. 10. Number of Unduplicated Clients to be Served in FY 97/98 by Cost Center: 24 Pine Grove Elementary students 24 C/a vel M~ddie Scho-crl~ 11. Proposed Total Cost for FY 97/98 Per Cost Center: a. GR b. Block Grant c. Other d. Other funding by OCA CITY OF DELRAY BEACH DRUG-FREE COMMUNITY PROGRAM POLICIES AND PROCEDURES I. Purpose The purpose of the Drug-Free Community Program will be to provide a comprehensive strategy to eliminate drug abuse that will encompass peer groups, families, schools, community organizations, churches and law enforcement groups. The program will use a variety of approaches to provide information, develop life skills and change community norms. II. Funding Funds will be provided through the Governor's Drug-Free Community Grant and public and private donations. III. Personnel Records and Training Policy ' ' A. Program Staff will consist of one part-time Program Coordinator, one part-time Office Assistant I and two part-time Recreation Leaders who will be housed the Palm Beach County Full Service Center. Responsibility for program oversight will be shared by the Executive Director of the MAD DADS organization and the Community Development Coordinator under the overall supervision of the Director of the Department of Community hnprovement. B. Personel Records shall be maintained by the Department of Human Resources. In accordance with Section 16.004(15)(c), FAC, all personnel, whether employed or volunte, er, shall have a file maintained on them. Each file shall contain the following: Current job description with Minimum Qualifications Employment/volunteer application or resume Salary or hourly wage Annual reviews Receipt of program rules Training received C. The Executive Director of MAD DADS has been designated as training coordinator. Each employee and volunteer of MAD DADS who provides thirty- two or more hours of service will receive a minimum of sixteen hours of service related training annually. This training will be documented in the personnel files. D. Screening of Staff All employees and regular volunteers shall be finger printed. (Regular volunteers are those who contribute four or more hours on a weekly basis or participate as an adult mentor. (Section 16E-O04(15)(a). E. Evaluations (Section 16E-004(15)(b) - An annual evaluation of all personnel shall be conducted. The program shall provide for the signature of the employees or volunfeer acknowledging receipt of the evaluation. IV. Community Improvement Responsibility The following will be the responsibilities of the Department of 'Community Improvement: Administration of all program funds Monitoring and supervision of all program components Coordination of transportation Staff Supervision Accountability Reporting V. MAD DADS Responsibility The following will be the responsibility of the MAD DADS Organization: · Coordination and Implementation of program ~ components ' ' Development/Distribution of literature Providing linkage between Community Resources and the Drug-Free Community Program Coordination of Community Meetings Accountability Reports VI. Comnmnity Resources The following agencies through formal agreements will be accessed for services: Local Church~s (Assist with Excel Focus V Implementation) Florida Department of Health and Rehabilitation (Facilitate Workshops, Develop/distribute Literature) School Board (Classroom Space) Healthy Mothers/Healthy Babies (Literature Distribution) Child Abuse Prevention (Parent Group Facilitator) Other Community Resources as needed In accordance with Section 10E-16.004(22) and (28) FAC, at orientation, program participants shall be informed of the program's responsibility to report communicable diseases to the Department of Healtli and Rehabilitative Services. At Intake, in the event the participant referred to programs is in need of services beyond the programs' scope, an attempt to secure the needed assistance for the participant and document those efforts will be made. If referral to another agency is made, consent from :---'- the individual or legal guardian will be obtained. VII. Program Descriptions and Client Records The following is a description of th~ components of the Drug-Free Community Program. In accordance with Section IOE-16.004(17), Confidentiality and Client Records, the program shall maintain records on all individuals participating in these program components. Records shall be maintained in a confidential manner and shall require consent for the release of client information as needed by federal and state regulations. Records shall be secured in a location free from-un-authorized access and contain the following items: Copy of signed participant's agreement to program rules; (Client Information Form) Data from referral sources All correspondence related to the individual Paperwork identifying individual needs Ail Incident Reporting Forms Records shall be kept for a minimum period of 3 years. Record to be destroyed shall be shredded or burned to assure confidentiality. A. Excel Focus V 1. Twenty-four slots will be available to serve 5th Grade students who live within the Community Development Block Grant Target Area (bounded on the west by 1-95, the east by Federal Highway, the north by Lake Ida Road and the south by Linton.Blvd.) 'The program is designed lo prOvide basic course work' in the following areas: a. Conflict Resolution b. Money Management c. Cultural Awareness Supplemental field trips will also be provided. 2. Participation will require parental permission. Letters/permission slips explaining the program will be sent to the homes of the target group. 3. The Pre;gram Coordinator of the Drug-Fre~ Community Program will be responsible for implementation in conjunction with MAD DADS and the Department of Parks and Recreation staff. B. Mentor Program This program is designed to provide positive role models for economically disadvantaged youth living within the CDBG Target Area. The program will be coordinated by DFCP staff and MAD DADS. Local fraternities, Sororities, Teenagers (peers) and people from the Business Community will be asked to serve as Mentors. C. Parent-Teacher-Student Seminars The purpose of this component is to raise awareness of ~ymptoms associated with drug use. Seminars and workshops will be facilitated by local substance abuse providers. Coordination will be the responsibility of the Program Coordinator. VIII. Hours of Operation In accordance with requirements of Section 10E-16.004(29), the hours of operation of the - program shall be posted in a conspicuous place at the facility and at the office of the 20,5' MAD DADS organization. IX. Other Program Requirements. ~ As required by Section 10E-16.004(26) and (30), the protection of Participants and Discharge procedures shall be in accordance with the attached Client Information From; The requirements of Section 10E-16.004(32) Request for Service is not applicable to this program as no needs assessment is provided. However, a list of possible services may be provided upon request. All incidents shall be reported on the Incident Reporting Form (Section 10E-004(35)(d). See attached. X. Child Abuse Reporting The Drug-Free Community Program shall adhere to the statutory requirements of SectiOn 415.504 F. S. concerning the mandatory reporting of suspected child abuse and neglect. XI. ' Emergency Medical ?rocedures" The attached procedures shall be adhered to in case of injury to participants or other emergency/non-emergency situations arise. These procedures are in compliance with Section 10E-16.004(33)(c). 30 ' ATTACHMENT :~:[ FINANCIAL AND COMPLIANCE AUDIT This attachment is applic,3ble, if the Erovider or grantee,.herein.a, fter referred to as provider, is any, localg,over, nm,ent,.e, nuty,, nonl?rqnt,,org, a.n~iza~on, or.tor-Pr0fit 9r.g.anizatign. An audit pertorme(~ dy me Auditor taeneral snail sausly me requirements oI tins attacnment. PART I: FEDERALLY FUNDED Th!s part is. applica, ble~ i~f,,~e,p,,r?ider is a.loc~al, go¥%rnm, ent entity or nonprofit organization an%exp?nas a to,0,,,tal o? .~uq.,utrg. or ¢or, e m ~eaeral. ?un, as p~_as__sed pr,o,ugh',the ,d~ep~tm.e,nt dur, ing its nscat year.., the aeterm~nauon ox when a provmer nas expended xeaerm tunas ~s oasea on when the activity related to the award occurs. Local governments shall comply with the audit requiremen.ts..contain.e~ in Q~ce of Management and Budget (ON,lB) Circular A-128, 7~udits oI state and Locm oovernments. Nonprofit providers shall comp~ly with OMB Circular A-133, Audits of Institutions of Higher .Learning and Other No_nprofit Institutions, ,except as modified herein. Such audits shall cover me entire organization f6r the organization s fiscal year. The reporting package shall include a schedule that discloses the amou~oof expenditures and/or rec. eipts t)y contract number for each contract with the department in elIect during the audit period. · ~ COmpliance findings 'related' to cOntraCts With the department Shall be ba~d on the contract requirements, includ'.mg,.ar[.y r.ules, r.egu, lations, or .statutes yeferenced in the contract.. The . fn~ancial statements sl~all clkSclose w. ~aemer or not me mat. cning requ. irement was met tor each 'applicable contract. All questio, n~ ~costs and liabilities due to the department shall be fully d'~§closed in the audit report witla re~erence to the department contract involved. If the provider has r. eceived any funds from a grants and a!ds appr.o, pr~ation, theprovider shall have an audit~ or sut)mit an attestation statement, in accordance wire :~ection 216.349, Florida Statutes, and ~ndicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations.. The provider has 'received' funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. The provider agrees to submit the required reports as shown in Part IV. PART 1I: STATE FUNDED fSrT~is part is applicable if the provider is a nonpro.fit organi~tion, that exp. en.ds a total of . 00,000 or more in funds from the department during its fisca~ year, which was not paid om a rate contract based on a set state or area-wide fixed rate f6r service, and of which less than $300,000 is federally funded. The determination of when a provider has "expended" funds is based on when the activity related to the award occurs. The provider agrees to have an annual financial fiudit performed by independent auditors in accordance with the current Government Auditing Standards issuefl by tl~e Comptroller General of ~e United States. Such audits shall cover the entire organization for the organization s fiscalyear. The scope of the audit performed shall cover the financial statements and include reports on interngl control and comp. liance. The reporting.package shall include a schedule that discloses the amount of expenditures and/or re.cei, pts ay contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract reqmrements, including any rules, regulations, or statutes.referenced in the contract. The f-mancial statements shall d~sclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the department shall be fully cfigclosed in the audit report with reference to the department contract involved. If the provider has received any funds from a gran. ts and aids appropriation, theprovider shall have an audit, or submit an attestation statement, m accordance with Section 216.349, Florida Statutes, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. The provider has "received' funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. Page 1 of 2 06/01/97 The provider agrees to submit the required reports as shown in Part IV. PART IXI: SECTION 216.349, FLORIDA STATUTES (GRANTS AND AIDS APPROPRIATIONS) This part is applicable if the provider is either (1) a for-profit organization, (2) a local government .entity expend~g less than $300,000 in federal fundg passed through from the aepartment a. urinj'g its fisc,-uyear, (3) ~ n°gpr°fit org,~a~i~'zation exl~ending !ess..than $100~,000 in funds from me a~epartment ourin~ ~ts nsca~ year, or t'~) a ngpEront organ~tauon expena~ng a total of $100,000 or more in fun~ls from the d.epartment pma n-om a rate contract 15ased on a set state or area-wide fixed rate for service~ of which.less than $300,000 is federally funded. The determination of when a provider has expended funds is based on when the activity related to the award occurs. If ~e provi.der receives funds from a grants and aids appropriation, the provider shall have an auait, or sut~mit an attestation statement, in accordance with Section 216.349, Florida Statutes. The audit report shall include a schedule of financial assistance which discloses each state contract by number and indicates which co~n~acts are funded from state grants and aids a. ppropriauons..The provider has ~received funds when it has obtained cash from the aepartment or wSaen ~t has incurred reimbursable expenses. "' Th~.prOVider agrees to submit the reqUired r~Pdrts as sh°w~ 'in Part IV. Otherwise, if the provider does not receive funds from ,a grants,and aids appropriation, the provider has no audit or attestation requirement unaer mis attachment. PART IV: SUBMISSION OF REPORTS Copies of the audit report and any manage.merit letter by the. independent auditors, or attestation statement, required by this attachment shall be sFomitt&t within 180 days after the end of the provider s fisb..al year to the following, unless omerwise required by Florida Statutes: A. Office of Internal Audit (OSIA) 1317 Winewood Boulevard Building 1, Room 301G Tallahassee, Florida 32399-0700 B. Contract manager for this contract. C. Submit to this address only those reports prepared in accordance with OMB Circular A-1-33: Federal Audit ~Clearinghouse Bureau of the ~ensus 1201 E. 10th Street Jeffersonville, Indiana 47132 . D. Submit to this address only those audits performed, or attestation statements prepared in accordance with Section '216.349, Florida Statutes: Jim Dwy. er Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the department, .or its designee, up. on request for a period of five years from the date the audit report is issuea, unless extende~ in writing by the department. Page 2 of 2 06/01/97 SE CERTIFICATION REGARDING LOBBYING Attachment CERTIFICATION FOR CONTRACTS; GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an 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. (2) 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, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its. instructions.. ............ (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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. Signature Date Name of Authorized Individual Application or Contract Number Name of Organization Address of Organization Page Contract No. CERTIFICATION REGARDING DEBARMENT, SUSPENSION; INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). INSTRUCTIONS 1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal monies must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. C & F cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Govemment may pursue available remedies, including suspension and/or debarment. 3. -The provider shall provide immediate written notice to the contract manager at anytime the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal monies, to submit a signed copy of this certification. 7. The Department of Children and Families may- rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certifications must be kept at the contractor's business location. CERTIFICATION (1) The prospective provider certifies, by signing this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Date Name Title MEMORANDUM TO: David T. Harden, City Manager THRU: Joe Weldon, Director~) Parks and Recreation l~ept. FROM: J. Dragon, Assistant Director([9~' Parks and Recreation Dept)/' DATE: June 13, 1997 SUBJECT: Partnership For Neighborhood Initiatives On Wednesday of this week we received a phone call from Ms. Valefie Wright, Project Director, Partnership for Neighborhood Initiatives, an HRS program, informing us that we are one of three cities eligible for a grant from that agency to provide out-of-school programming for children in a specific neighborhood in Delray Beach. On Thursday AM I picked up the attached grant application package at their office in West Palm Beach and as you can see the submission timelines for the application are very tight. However, since we are eligible for a substantial grant I feel we would be remiss if we did not pursue it. Ms. Wright indicated that a total of $200,000 is available for the three cities, and would be divided according to the size and design of the program. This could mean $60,000 to $70,000 for our program. These monies would be used to conduct a program for elementary school-age children from the target area designed after our current after-school program. I intend to include several other agencies and organizations to meet the goals and objectives of the program, including but not limited to the Boys' and Girls' Club, Carver estates, School Dept., the various homeowners associations in the target area, etc. I have already spoken with Mary O'Connor of the Boys' and Girls' Club and Kathy Fryer, of Carver Estates. I will contact other agency representatives in the days ahead. I respectfully request your approval to place this project on the agenda for the City Commission meeting of June 17. J. Dr~6n, ~.ss~an_ t Director Par~ and Rec~ation Dept. PARTNERSHIP FOR NEIG!-IBORHOOD INITIATIVES NEIGHBORHOOD SEED PROJECT: FAMILY PRESERVATION AND SUPPORT TIMELINES AND PROJECT-STEPS Select Review Committee Comprised of: 3 Core Group Members, 2 PNI Staff, 1 Steering Committee Member, Up to 2 residents at-large June 9-11 Presentation of Guidelines to Neighborhood Core Group * Identify Group's Priorities * Present Identified Grantees June 12, 13 & 16 Facilitated meetings with Core Groups and Potential Grantees * Relationship Building * PNI Staff Facilitated June 11 RFA Available 8:30 a.m.- 5 p.m. at PNI office at 111 S. Sapodilla Ave., Room 303J, West Palm Beach, FL 33401 June 17 Deadline for submitting RFAs June 18-19 Prepare Funding Recommendation for Core Group June 20, 23, 24 Core Group Response June 25 Approval by Executive Committee June 25-27, 30 United Way Allocations/Letter of Agreement PARTNERSHIP FOR NEIGHBORHOOD INITIATIVES NEIGHBORHOOD SEED PROJECT: FAMILY PRESERVATION AND SUPPORT GUIDING PRINCIPLES Within PNI's design there exists an universal acceptance that "the critical needs of children and parents for development, support, and problem solving should be met as much as possible by the organized activities and affiliations that we call primary services. Primary services are activities, facilities, and events provided by organizations that are part of families' familiar social world (traditional to the neighborhood). They are available for use voluntarily, most often without an elaborate process of certifying need or eligibility. Primary services offer opportunities for participation, avenues for contributing to the well-being of others, and sources of personal support. They provide participation in and access to such community facilities as libraries, parks, museums, theaters, fairs and to civic events and celebrations, often without formal registration. They enable children to form friendships and find support from both peers and adults, to investigate interests and develop and deepen skills, and to form ties to cultural, religious, and civic traditions. Primary services include activities specifically for parents, such as parent education, drop-in centers, parent support and self-help programs, and information and referral services. PNI Summary, Aug. 1994, Pg. 4 "Primary services can enable individuals, children, and parents to develop and maintain physical vitality, to make and sustain caring relationships, to be resourceful in applying knowledge and skills in effective action, and to gain a sense of connection to a larger community. Primary services respond to the developmental challenges faced at different ages." PNI Summary, Aug. 1994, Pg. 4 Success in alleviating poverty must entail proactive policy measures that promote sustainable job growth, address the discrimination and inequities affecting the unemployed and the poor, and change the delivery of health, human, and training services to the disadvantaged. Traditional methods have failed miserably. PNI's collaborative project is oriented to building human capital by empowering people to chart the course for their future, the future of their families, the future of their neighborhood, and the future of the whole community of Palm Beach County. PNI Summary, Aug. 1994, Pg. 3 Any intervention must be designed to connect those trapped in poverty to the social and economic mainstream of our society. To that end, PNI's goals are to develop healthier, more competent communities in Palm Beach County by reshaping the delivery of health, human, and training services at the neighborhood level and by developing neighborhood-based leadership and involvement. PNI Summary, Aug. 1994, Pg. 1 · · · PNI Neighborhood Seed Project: Family Preservation and Support Page 1 · · · PROGRAM OVERVIEW The Partnership for Neighborhood Initiatives is a partnership charged with assisting low-income neighborhoods in the development of a plan for the delivery of human services. To that extent, PNI is issuing a Request for Agreement to allocate $ to assist the residents in the development of out-of-school programs in their respective PNI neighborhoods. This money will be allocated by June 30, 1997 to service providers to be selected jointly by residents and funders. The basic criteria for receiving this money is to serve school age children and youth while they are out-of-school and enhance family development. This money can be used for, but is not limited to, cultural, recreational, arts, educational de;~elopment, community enrichment, etc. PNI will host Facilitative Meetings for each neighborhood on June 12, 13, & 16. This money must be allocated to selected providers by June 30th. Therefore, providers who are serious about pursuing this money in the interest of working directly with PNI neighborhoods, are being requested to prepare a summary proposal including: 1) program overview, 2) goals and objectives, 3) specific activities, 4) target area, 5) process residents involvement and 6) budget. A select committee consisting of 3 residents from each core group, up to 2 residents at-large, 2 PNI staff and one member of the steering committee will review each proposal. Their recommendations will be referred to the PNI steering committee and the appropriate neighborhood core group for final determination. This money has tO be allocated by June 30 and the program start no later than August 15th. Identified staff or lead staff person through a relationship with the Core Group must prepare the program to begin serving children and families as close as possible to school's start in August. PROGRAM IMPLEMENTATION GUIDELINES PRIMARY SERVICES The need for out-of-school care as a primary service and its critical impact on school achievement and long-term success and in response to the "voice of residents" to address this issue, PNI extends this opportunity to provide seed funds to assist in the development of programs to ensure that this need is met. PROGRAM COMPONENTS Productive and quality out-of-school programs should include components which support and enhance the overall developmental stages of youth. The program should offer opportunities to choose from various activities to be involved in that enhance the emotional, physical, social, cultural and educational well-being of children. Children should have the oppommity to be involved in planning activities and have the benefit of parental involvement. DAILY SCHEDULES The daily schedule should be flexible and designed to meet the children's needs for security, independence and stimulation. There should be a variety of activities children can participate in daily which might include: · · · PNI Neighborhood Seed Project: Family Preservation and Support Page 2 · · · · physical activity, movement, sports and games · creative arts, crafts and dramatic play · quiet activities including reading, computers, listening to music and socializing · homework assistance, language, math' and enrichment activities to support academic skills through hands-on activities. · field trips and activities to broaden cultural awareness · environmental awareness education · works skills and junior entrepreneurial STAFF AND ENVIRONMENT The number of staff must be appropriate to meet the needs of the children by providing quality staff-to-child ratios. · ratios may vary according to the ages and abilities of the children · ratios should never exceed 1:20 Staff should interact with children to help them learn and use positive techniques to guide their behavior when interacting with peers and adults including authority figures. The staff should be engaged with children by talking with and listening to them as well as participating in activities with children. In its design, a good program should provide children the opportunity to participate in relationships with: · well-trained, well-prepared and caring staff · staff should provide a welcoming environment for families The selected agency should provide the opportunity for neighborhood residents to be trained and become employed in the program. COLLABORATION Providers are encouraged to work in collaboration to provide the best service to children and families. Applicants for these funds may be collaborations or single agency programs. PARENTAL INVOLVEMENT A quality ont-of-school program should reflect parent participation and give parents the opportunity to help make decisions that reflect their values. There are various ways to encourage family involvement such as parent councils, social gatherings, skills sessions, talent shows and activities that enrich family life. Parents should be included in all planning, implementation and supporting activities of their program. Staff and families interaction should be positive and reinforce the total well-being of children. Out-of-school activities are essential to low income families in order for them to seek, obtain and maintain employment. The hours and needs of operation of the program should be tailored to meet the needs of working parents. A sliding fee scale can assure that program fees are affordable and available to families. · · · PNI Neighborhood Seed Project: Family Preservation and Support Page 3 · · · PROGRAM REQUIREMENTS Target Population/Geographic Area The program must serve children and families residing in PNI neighborhoods which are South Bay, Lake Worth West and Delray within the geographical boundaries as described below: DELRAY BEACH: The "Southside" of Delray North: Atlantic Avenue South: S.W. 8th Street East: S.W. 10th Avenue West: 1-95 SOUTH BAY: The City of South Bay LAKE WORTH WEST Unincorporated Palm Beach County North: Lake Worth Road South: Maine Street East: Sanders Drive West: Military Trail PROGRAM REVIEW CRITERIA The review process will be based upon, but not limited to, the following criteria: · Ability to ensure participation of children and families · Creativity and variety of activities · non-traditional activities · culturally enriching · linkage to organized sports, teams, clubs and activities that enhance neighborhood's capacity to meet family strengthening · Indications of quality care · Program policies and procedures are responsive to the needs of children and families in the community and address cultural differences Core Group Responsibility for Agreement Neighborhood Core Groups will provide program advice and contract compliance of their programs. Program Funding Recommendations for funding shall come from the Selection Committee with Approval by Executive Committee. Funding Agreements will be authorized by Chair of PNI, Chair of Core Group/Representative and Project Director. · · · PNI Neighborhood Seed Project: Family Preservation and Support Page 4 · · · PARTNERSHIP FOR NEIGHBORHOOD INITIATIVES NEIGHBORHOOD SEED PROJECT: FAMILY PRESERVATION AND SUPPORT REQUEST FOR AGREEMENT COVER PAGE A: APPLICANT AGENCY Agency Name: Executive Director: Address: Telephone Fax No. Agency Type: Governmental Not-for-Profit IRS 501(c)(3),(4),(6),(7) or (10) Certificate: Approved Certificate (Copy attached) Certificate Application Pending (Copy Attached) B: PROGRAM Lead Person: Title: Program Name: Telephone Fax No. C: PNI TARGET NEIGHBORHOOD 7 ~ Defray Beach South Bay Lake Worth West AGENCY CAPABILITIES Please provide a response to the following questions. 1) Summary of your Agency a) Provide an overview of your agency and its overall mission. B) What programs and activities are you currently involved in. 2) Briefly describe any linkage and/or partnerships with other agencies and programs. 3) Does your agency currently serve any of the PNI Neighborhoods. If so, describe programs and activities. Please include location of site, how children get to/from activities, parental involvement, etc. PROGRAM PLANS 1) Describe the program(s)you propose to implement if funds are awarded. 2) How does this meet an unmet need? 3) What specific outcomes do you hope to achieve? 4) How will you evaluate your progress toward these outcomes? 5) How will you involve the community in planning, implementing and supporting program activities? 6) What are your plans for sustaining the program long-term? PNI: RFA/Out-of-School June 1997 AGENCY CERTIFICATION In submitting this bid to PNI (Agency Name) certifies that: 1. The applicant agency qualifies to commit to RFA under the provisions in the RFA Requirements; 2. The date that this Agreement will be approved by the agency board of directors is 3. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of employment will be made without regard to consideration of race, creed, religion, gender, country of national origin, age, physical or mental handicap, marital status or any other factor which cannot lawfully be used as a basis for an employment decision; 4. The agency agrees to negotiate, if deemed necessary, with PNI to refine service levels, procedures, objectives, budget, and any other relevant matter for incorporation into a contract; 5. The applicant agency does not intend by this bid to replace existing funding resources with PNI funds; 6. The budget included in this bid is a reasonable estimate of the anticipated revenues and expenditures for the activities proposed; 7. A copy of the current IRS 501 (c) 3, 4, 6, 7, or 10 Certificate (for not-for profit agencies) or a copy of the pending application for a 501 (c) 3 Certificate is included with the submission of this bid; 8. An~of the following documents are available and upon request by PNI will be produced by the' applicant agency within five (5) working days, but do not need to be submitted with this bid: a. Articles of Incorporation b. Personnel Policies and Procedures c. Job Descriptions d. Certificates of Insurance and Bonding e. Licenses (if required) to operate Agency/Program f. Current list of Agency Board of Directors g. An audit report dated no more than 15 months prior to the date of the RFA. The report must be complete with a management letter. PNI: RFA/Out-of-School June 1997 9. NO litigation is threatened or pendin__g which could impair the applicant agency's ability to fulfill the provisions of this bid. 10. NO adverse action is pending c,r :hrea:ened by any reguiato,D,. !icenshng, oversight agency which could impair the applicant agency's ability to fulfill the provisions of this bid. 11. Funded agencies/grantees will be required to sign a Conflict of Interest Statement. If any of the above documents am not available or' any of these statements cannot be made, please explain below: OFFICIAL AUTHORIZi*~D TO SIGN AND BIND AGENCY TO THLq RFA (Authorized officials recognized by PNI are the Board Chair or President and/or Project Director. If any other signature is included below, you must include a copy of the agency policy that establishes such authorization.) Signature Title Print Name Date PNI: RFA/Out-of-School June 1997 Partnership for Neighborhood Initiatives Neighborhood Seed Project: Family Preservation and Support Program Budget Summary Cost Categor7 PNI Pro,ram Other Sources Total Pro~]ram 1. Personnel Salaries Fringe Benefits 2. Travel 3. Building Space 4. Communications/Utilities A. Telephone B. Postage C. Utilities 6. Food 7. Indirect Costs 8. Other Costs A. Professional Fees B. Insurance C. Building Maintenance D. Equipment Rental/Maintenance E. Dues & Subscriptions F. Training & Staff Development G. Miscellaneous 9. Equipment Total Program Expenses PERCENT OF PROGRAM Revenues A. PNI B. Contributions/In-Kind C. Program Fees D. Other TOTAL PROGRAM REVENUES / ,i / MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,S'I SUBJECT: AGENDA ITEM # ~3 - MEETING OF JUNE 17, 1997 DEDUCT CHANGE ORDER #1 AND FINAL PAYMENT/ALMAZON BROTHERS TRUCKING, INC. DATE: JUNE 13, 1997 This is before the Commission to approve Change Order #1 in the net deduct amount of $6,619.62 and request for final payment in the amount of $6,534.42 to Almazon Brothers Trucking, Inc. for the sidewalk improvements project. The change order accounts for the final as-built measured quantity adjustments as compared to the original contract. Recommend approval of Change Order #1 in the net deduct amount of $6,619.62 and final payment in the amount of $6,534.42 to Almazon Brothers Trucking, Inc., with funding from Community Development - Sidewalks (Account No. 118-1965-554-63.11). AGENDA REQUEST Date: June 10, 1997 Request to be placed on: X Regular Agenda Special Agenda - Workshop Agenda When: June 17, 1997 Description of item (who, what, where, how much): Staff request City Commission to approve Change Order #1. Final to Almazon Brothers Trucking, Inc. for Sidewalk Improvements 96-11. The Change Order accounts for the final as-builts measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net deduct of $6,619.62. Approval is also requested for final payment to Almazon Brothers Trucking, Inc. in the amount of $6,534.42 for the project. A Contractor Evaluation is also attached for your review. Funding source for this agenda request is 118-1965-554-63.11 (Sidewalk Improvements) for -$6,619.62. ORDINANCE/RESOLUTION REQUIRED: YES/N_~O DRAFT ATTACHED YES/N_~O Recommendation: Staff requests City Commission to approve Change Order No. 1, Final and Final Payment to ~z..~he~cking, Inc. ~ Department head signature: ~ ~(~' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r/6q~ed on all items involving expenditure of funds): ~_] Funding available:~S~O ~,~ Funding alternative~ (i~f applicable), ,~ (~/'~ Account No. & Description {IQ ~ ~'~J~. ~-I~ "~'~J~Q~!~'iO~~[~ ~_J Account Balance ~%~i~O ' City Manager Review: ApprovedHold Until:f°r agenda: ~/NO ~1~'1 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Di~~n Date: June 10, 1997 Re: Change Order No. 1, Final - Sidewalk Improvements - Project 96-11 Attached for Commission approval is an agenda request for Change Order #1, Final to Almazon Brothers Trucking, Inc. for the above referenced project. The Change Order accounts for the final as- built measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #1, Final is a net deduct of $6,619.62. Approval is also requested for final payment to Almazon Brothers Trucking, Inc. in the amount of $6,534.42 for this project. A Contractor Evaluation is also attached for your review. Funding is from Account No. 118-1965-554-63.11 (Sidewalk Improvements) for -$6,619.62. CC: Dennis Thompson, Community Improvement File: Memo to City Manager 9611A 9324memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #1, FINAL PROJECT NO. 93-24 DATE: PROJECT TITLE: Sidewalk Improvements TO CONTRACTOR: Almazon Brothers Trucking, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: See attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 67,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 67,000.00 COST OF CONSTRUCTION CHANGES THIS ORDER -$ 6,619.62 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 60,380.38 PER CENT DECREASE THIS CHANGE ORDER -9.9% TOTAL PER CENT DECREASE TO DATE -9.9% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Almazon Brothers Trucking, Inc. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department 118-1965-554-63.11 (Sidewalk Improvements) for -$6,619.62. DELRAY BEACH, FLORIDA by its City Commission RECOM}4END: B~ for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk SIDEWALK IMPROVEMENTS PROJECT 96-11 Schedule "A" Change Order #1, Final ITEM contract AS,BUilt NO. DESCRIPTION UNIT QUAN. UNIT TOTAL QUAN. UNIT TOTAL 1 Maintenance of Traffic L.S. 1 $!~300 O0 $!~3(~0.00 $1i300:~00 2 Clearing and Grubbing L.S. I $7i360i001 $~3~i0~ i $7i360i00 $7 360i00 3 ;' Concrete Sidewalk S.F. 21,625 3 Concrete Driveway Aprons (6") S.F. 0 $3i~5 $0 0~ 8~ $31!5 $217-3!05 4 St. Augustine Sod S.Y. 6000 5 Crosswflk Pavement M~kings L.S. 1 $1~200~00 $~0~ i $~0~0 6 Contingency Allow~ce L.S. 1 Add'l Pavt Rem- SW 10~ Ave. 0 :$600400 $0~00 1 : :$600;00 Foundation Removal- SW 15th Ave 0 $9S0~00 $0~0~ 1 : $95~00 $950~00 Sidew~k Repair- Swinton 0 . 1 $~7200 $3~00 7 Video Allow~ce L.S. 1 $300~00 :$3~00 i $300~00 $300~00 8 Indemnification L.S. 1, , , ~ 0,00~ ......... ~,~,~i ~ ~ [ $10~00 $t0~00 xOXA~ SST;OO0:OO Recap: As-Built Amount $60,380.38 less Contract Amount ($67,000.00) Change Order #1, Final ($6,619.62) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF JUNE 17, 1997 DEDUCT CHANGE ORDER #2 AND FINAL PAYMENT/MARANDOLA CONSTRUCTION, INC. DATE: JUNE 13, 1997 This is before the Commission to approve Change Order #2 (Final) in the amount of $4,667 and request for final payment in the amount of $8,680.20 to Marandola Construction, Inc. for the East Road utility and roadway improvements project. The change order accounts for the final as-built measured quantity adjustments as compared to the original contract. Recommend approval of deduct Change Order #2 (Final) and final payment to Marandola Construction, Inc. Funding in the amount of $8,680.20 is available from Renewal and Replacement -Intracoastal Crossing (Account No. 442-5178-536-61.36). Agenda Item No. ~ AGENDA REQUEST Date: June 11, 1997 Request to be placed on: X Regular Agenda Special Agenda - Workshop Agenda When: June 17, 1997 Description of item (who, what, where, how much): Staff request City Commission to approve Change Order #2. Final to Marandola Construction, Inc. for East Road Utility and Roadway Improvements 95-20. The Change Order accounts for the final as-builts measured quantity adjustments as compared to the original Contract. Schedule "A~ attached to the Change Order specifically references these adjustments. The amount of Change Order #2, Final is a net deduct of $4,667.00. Approval is also requested for final payment to Marandola Construction, Inc. in the amount of $8,680.20 for the project. A Contractor Evaluation is also attached for your review. ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES/N_QO Recommendation: Staff requests City Commission to approve Change Order No. 2, Final and Final Payment to M~ndol~on~A~ction,,, ~ ~, ------ Inc. ~ Department head signature:~ /~ ~ '~~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~?.red on all items involving expenditure of funds): Funding available:[ YES]NO ~ Funding alternativ~~''/ _ (if applicable) .... ~ Account No. & De{cription~7~-~l'~- ~ Account Balance b ~ '% i~ ..... City Manager Review: Approved for agenda: NO /' Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: App roved/Dis approved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divan Date: June 11, 1997 Re: Change Order No. 2, Final - East Road Utility and Roadway Improvements - Project 95-20 Attached for Commission approval is an agenda request for Change Order #2, Final to Marandola Construction, Inc. for the above referenced project. The Change Order accounts for the final as- built measured quantity adjustments as compared to the original Contract. Schedule "A" attached to the Change Order specifically references these adjustments. The amount of Change Order #2, Final is a net deduct of $4,667.00. Approval is also requested for final payment to Marandola Construction, Inc. in the amount of $8,680.20 for this project. A Contractor Evaluation is also attached for your review. File: Memo to City Manager 9520A CITY OF DELPJ%Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER %2, FINAL PROJECT NO. 95-20 DATE: PROJECT TITLE: East Road Utility and Roadway Improvements TO CONTP~ACTOR: Marandola Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: See attached Schedule SUM~2~Y OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 93,375.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 77,420.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $170,795.00 COST OF CONSTRUCTION CHA/qGES THIS ORDER -$ 4,667.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $166,128.00 PER CENT DECREASE THIS CHANGE ORDER -5.0% TOTAL PER CENT INCREASE TO DATE 77.9% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Marandola Construction, Inc. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department DELRAY BEACH, FLORIDA by its City Conunission RECON~4END: By for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk EAST ROAD UTILITY ROADWAY IMPROVEMENTS PROJECT 95-20 Schedule "A" Change Order #2 ITEM Contract As-Built No. DESCRIPTION UNIT QUAN. UNIT TOTAL QUAN. UNIT TOTAL Original Contract I Maintenance of Traffic L.S. 1 $2,500,00 $2~500 O0 1 $2,500,00 $2,500.00 2 Clearing and Grubbing L.S. I.. ' Szf,000,00 $4~000.00 1 , ,$4,000:00. . . $4,000:00 3 Pavement Removal L.S. 1 $2,000.00 $2,000.00 1 $2~000~00 $2~000.00 4 1-1/2" S-1 Asphalt/8" Base/12" S.G. S.Y. 1015 $20,00 ]i: $20,300:00:: 1015 $20.00 $20,300,00 5 1" Milling & S-3 Asphalt Overlay S.Y. 650 $3k00:: ii $1i,9~0.001 767 .. :$3 O0 $2~301.00 6 Open Cut Pavement Repair L.F. 450 : : $3:.00 $:ti35000: 456 : $3.00: $1,368.00 7 Driveway Repair S.Y 225 $25.00: $5i625~00 192 $25.00 $4;800.00 8 Concrete Valley Curb & Gutter L.F. 380 $!2.00 . $4;5~0i00 332 $12 00 $3,984.00 9 Type D Curb L.F. 250 $t2.00 $3,000 00 249 $t2,00 $2,988.00 10 Concrete Slab (12' x 6' x 6") L.S. 1 $300,00 $300.00 1 $300.00 $300.00 11 Adjust Existing Manhole E.A. 1 $150.00 $150,00 1 $150,00 $150.00 12 Pavement Marking L.S. 1 $1,000.00 $i,000 00 0 $1,000.00 $0.00 13 Sodding S.Y. 350 . $4.00 : :$:1~400.00:: 347 $4.00 $1,388100 14 8" C-900 PVC W.M. L.F. 835 $22.00 $18~370 00 782 $22.00 $17,204.00 15 6"C-900 PVC W.M. L.F. 205 $22.00 $4,510.00 191 ' $22:00 $4,202.00 16 Grout Exist 6" W.M. L.S. I $500.00 . $500.00 0 $500.00 $0.00 17 8" Gate Valves EA 1 $500;00 ·$500.00 2 .$500.00 $1,000.00 18 6" Gate Valves EA 4 ' $450.00 $1,800.00 5 $450.00 $2~250 00 19 Fire Hydrant,Valve, & Box EA 1 $2,300.00 $2,3~)0:00 I $2,300.(J0 $2,300.00 20 8" x 6" T.S. & Valve EA 1 $2;000i01~ $2i00000' 1 $2;000.00 $2,000.00 21 Fill & Flush Assembly EA 2 $1;000.00: : $2 000 00 2 SLO00~00 $2,000 00 22 Sample Point EA 4 $:!00.00: : $400.:00 4 : : $t00i00 $400.00 23 2" Blow OffAssembly EA 1 ..... $~6.00 :$500.00. 1 $500.00 $500.00 24 Lowery Park Estates Water Svc. EA 3 $550i00 $1~650.00 3 $550,00 $1,650.00 25 ~8 & 44 Seabreeze Ave. Water Svc. EA 2 $550.00 $1,100 00 2 $550~00 $1,100.00 26 ]2 Seabreeze Ave. & EA 2 $550,00 $[,]i00.00 2 $550.00 $t,100;00 Barnett Bank WaterSvc. · i : i i i": i 27 Bart Terrace Condo Water Meters EA 1 $550i00 $550:00 I $550.00 $550,00 28 1045 Building Water Svc. EA 9 $550.00 : $,~,950:,00 8 $550.00 $4,400 00 29 Utility Allowance L.S. 1 $2;500;00 $2~500.00 1 $2i5~00.00 $2,500.00 30 Video Allowance L.S. I $}~0/00 $500.00 I $500.0~' ' $500.00 31 Indemnification L.S. 1 $10.00 $10.001 I $10,00 $10.00 : Change Order #1 - Force Main : : I 16" PVC Force Main LF 720 : $6! .00 $43:;920.00: 703 ........ :: ~.1 '00 ~5 883 00 2 16" Plug Valve EA 3 $2;900:.00 $8,700.00 3 $2,900.00 $8,700.00 3 14" Plug Valve EA 1 $2~500,00 $2,500 00 1 $2,500,00 $2,500 00 4 16" Misc Fittings EA 20 $2~50;00 $5,00000 20 $250,00 $5,000.00 5 Asphalt and Rock LS 1 $ ~800:00 $7;80000 I $7~860'.00 $7,800.00 6 16" Line Stop LS 1 $9,500.00 $9,500,00 1 $9,500~00 $9,500 00 TOTAL $170,795.00 $166,128.00 RECAP As-built Total $166,128.00 Less Contract thru C.O. 1 ($170,795.00) Change Order #2 Amount ($4,667.00) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER CHANGE ORDER #3 AND FINAL PAYMENT/PIPE LINER INSTAL- LERS, INC. DATE: JUNE 13, 1997 This is before the Commission to approve Change Order #3 (Final) in the net add amount of $38,332.22 and request for final payment in the amount of $53,723.23 to Pipe Liner Installers, Inc. for the North Water Reservoir improvements project. The change order encompasses additional sodding, piping modifications, harmonic filters for the pump drives, increasing the size of a water main line stop, and costs associated with pumping and cleanup of a break in an existing water pipe. It also includes credits for deletion of piping, inclusion of telemetry equipment in other contracts, unused contract allow- ances for video and testing, and deletion of the requirement for furnishing a lap top computer. Recommend approval of Change Order #3 (Final) and final payment to Pipe Liner Installers, Inc. Funding in the amount of $53,723.23 is available from 1993 Water and Sewer Revenue Bond - Pump Equipment (Account No. 440-5179-536-64.30). ~/_ Agenda Item No.: ~ AGENDA REQUEST Date: June 10, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 17, 1997 Description of item (who, what, where, how much): Staff requests City Commission to approve add Change Order #3,Final to Pipe Liner Installers, Inc. for Improvements to the North Water Reservoir - (93-72) . Change Order #3 encompasses miscellaneous add changes for sodding; piping modifications; harmonic filters for the pump variable frequency drives (VFD); increasing the size of size of a water main line stop from 20" dia. to 24" dia.; and contractor remedial costs associated with pumping and cleanup after a 3~ water main break at the North Reservoir. Also included in Change Order #3 are several miscellaneous credits for deletion of piping; telemetry equipment; unused Contract allowances for video and testing; and furnishing a laptop computer. All of the revisions are explained in further detail per attached letter from Hazen and Sawyer dated May 22, 1997. Change Order #3 is for a net add of $38,332.22. A request is also made for final payment to by made to Pipe Liner Installers in the amount of $53,723.23. A Contractor evaluation is attached for your review. Funding source is 440-5179-536-64.30 (North Water Reservoir Improvements). A budget transfer is attached. ~ ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO RecoR~%%endation:DepartmenttO the Contractor. Head Si~ature:Staff ~ecommends a~~ Order #~ and final payment Determination of Consistency with ConH~rehensive Plan: City Attorney Review/Reconanendation (if applicable): Budget Director Review (r~_g~ired on all items involving expenditure of funds): Funding available: ~ YES, NO //7~%~ Funding alternatives~ (if applicable) (~I Account No. & Description dO~l.c~-'~ 55. (0~ -~'~ '~OV~ ~d{-~<f~d~- x~j Account Balance -~(~/, 14~ ''~ ~P~I~ ~CJ~a~ ~A~ 4 ~_~.~\~,~ .~1% City Manager Review: ~/ i~ t Approved for agenda: NO ~' Hold Until: . Agenda Coordinator Review: Received: Placed on Agenda: Acti on: Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divi/~~ Date: June 10, 1997 Re: North Reservoir Improvements - Project 93-72 Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #3, Final to Pipe-Liner Installers, Inc. on the above referenced Project. Change Order #3 encompasses miscellaneous add changes for additional sodding; piping modifications; harmonic filters for the pump variable frequency drives (VFD); increasing the size of a water main line stop from 20" dia. to 24" dia. on an existing main shown on the plans as a 20" but identified in the field during construction as a 24"; and contractor costs associated with pumping and cleanup for a break in an existing 3" water pipe which could not be shut down until the 24" line stop was installed. Change Order #3 also includes several miscellaneous credits for deletion of piping, inclusion of telemetry equipment in other Contracts; unused Contract allowances for video and testing; and deletion of the requirement for furnishing a lap top computer (computer purchased by City). Ail of the revisions above are explained in further detail per the attached letter from Hazen and Sawyer dated May 22, 1997. Change Order #3 is for a net add of $38,332.22. A request is also made for final payment approval to the Contractor in the amount of $53,723.23. A Contractor Evaluation is attached for your review. Funding Source is 440-5179-536-64.30 for North Water Reservoir Improvements. A budget transfer is attached. CC: Kurt Pfeffer, Hazen & Sawyer File: Memo to City Manager 9372A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Three(3} PROJECT NO. 93-072 DATE: PROJECT TITLE: North Reservoir Improvements TO CONTRACTOR: Pipe-Liner Installers YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Miscellaneous changes/additions to the Contract per attached letter from Hazen and Sawyer dated May 22, 1997 marked Exhibit A SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $746,261.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $23,289.57 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $769,550.57 COST OF CONSTRUCTION CHANGES THIS ORDER $38,332.22 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $807,872.79 PER CENT INCREASE/DECREASE THIS CHANGE ORDER + 5.13 TOTAL PER CENT INCREASE/DECREASE TO DATE + 8.25 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 440-5179-536-64.30 (North Water Resvr Imp/ DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, MAYOR ATTEST: APPROVED: By: City Attorney City Clerk ~...k93-072~constrct~co3frm.doc 2101 Corporale Blvd. Environmental Engineers & Scientists '~ I ' BocaRaton, FL33431 ,--- ,.., .,, 561 99/'-8070 Fax: 561 997-8159 May 22, 1997 ~: ~. '';; Mr. Howard Wight, Construction Manager CITY OF DELRAY BEACH DEPARTMENT OF ENVIRONMENTAL SERVICES 434 South Swinton Avenue Delray Beach, Florida 33444 North Water Reservoir Improvements Change Order No. 3 Dear Mr. Wight: The following is a brief description of each of the items comprising Change Order No. 3. These items and their associated costs are summarized on the attached table. Item No. 1 -Additional Sod - Add $972.33 The Schedule of Bid Prices included a sod quantity of 30 cubic yards. Per an agreement between the Owner and the Contractor, additional sod was placed east of the reservoir. The additional cost was determined by multiplying the additional quantity by the unit price included in the Schedule of Bid Prices. The Engineer has reviewed the proposed add amount of $972.33 and finds it to be fair and reasonable. There were no schedule impacts associated with this work. Item NO. 2 -Plumbing in Pump Room - Add $355.05 This change provided for (1) the rerouting of existing air conditioner condensate drain piping to avoid a potential tripping hazard in front of a new doorway between the pump room and the electrical room; and (2) the relocation of two air release valves on pump discharge piping. The Engineer has reviewed the proposed additional amount of $355.05 and finds it to be fair and reasonable. There were no schedule impacts associated with this work. Item NQ, 3 - Installation Qf Harmonic Filters for VFD's - Add $4.209.04 This change provided for materials and labor required to install interconnecting wiring and raceways between the VFD's (in the electrical room) and the harmonic filter traps (in the storage room). Based on the Contract Documents, the Contractor based his bid on being able to install the harmonic traps in the electrical room directly adjacent to their respective VFD's. It was later determined that due to space constraints in the electrical room, the traps should be installed in the storage room. The initial cost proposal from the Contractor totaled $6,416.14 That cost was negotiated down to 4,209.04. There were no schedule impacts associated with this work. 4475LO25. BCA New York. NY · Armonk, NY · Woodbury, NY · Upper Saddle River. NJ · Oetroil, MI · Raleigh. NC · CharloUe, NC - Fairfax, VA · Hollywood, FL · Boca Ralon. FL · Foil Pierce. FL · Gainesville, FL · Sarasota, FL · Miami, FL .HAZENAND SAWYER Mr. Howard Wight May 22, 1997 Page 2 Item No. 4- Line Stop - Add $19.656.87 In order to install a new level control valve on the transfer main from the Water Treatment Plant clearwell pumps to the North Reservoir, the Contract Drawings directed the Contractor to isolate the affected segment of the transfer main with a line stop. Based on existing record drawing information, the transfer main piping diameter was shown to be 20 inches. Field investigation revealed that diameter of the transfer main at that location is 24 inches Prior to the scheduled line stop, the Contractor broke an existing 3-inch water line (not shown on existing record drawings). A valve to isolate the 3-inch line could not be located. To isolate the 3- inch line and prevent further water loss, the Contractor was required to perform the 24-inch line stop on the transfer main on an emergency basis. The emergency 24-inch line stop and restocking charges for the unused 20~inch line stop cost $30,053.87. The original bid price for the 20-inch line stop was $10,397.00. Therefore the additional cost for this item was $19,656.87. There were no schedule impacts associated with this work. Item No. 5 - Emergency Work Associated with 3-inch Water Line Break - Add $15.000 As described in the previous item, the Contractor inadvertently broke an existing 3-inch water line adjacent to the North Reservoir that was not shown on the Contract Drawings nor any existing record drawings. This item includes costs for the repair of the 3-inch piping and the cleanup of flood damage caused by the line break. The Contractor's original proposal totaled $20,413.49. Following negotiations with the City, the additional cost was reduced to $15,000.00. There were no schedule impacts associated with this work. Item No. 6 - Flooding from the Transfer Main at the North Reservoir - Add $2.130.55 This additional cost was for cleanup and reinstallation of a pipe fitting following flooding from the 20- inch transfer main. The main was open-ended near the North Reservoir during work associated with the new venturi meter and level control valve installations when the transfer pumps from the Water Treatment Plant to the North Reservoir were inadvertently started. The City has reviewed the proposed additional amount of $2,130.55 and finds it to be fair and reasonable. There were no schedule impacts associated with this work. Item No. 7 -Remove and Cap 1-inch Water Line at North Reservoir- Add $127.73 It was necessary to remove and cap a 1-inch water line to avoid conflict with a 20-inch pipe offset at the North Reservoir. The City has reviewed the proposed additional amount of $127.73 and finds it to be fair and reasonable. There were no schedule impacts associated with this work. Item No. 8 -Pump Discharge Elbow - Add $1.063.75 This change provided for the installation of a 16-inch elbow on the discharge of Pump N-2 in lieu of a 16-inch by 14-inch reducing elbow as shown on the Contract Drawings. A 16-inch elbow was required to match the 16-inch pump discharge flange. 4475LO25. BCA HAZEN AND SAWYER Mr. Howard Wight May 22, 1997 Page 3 The Engineer has reviewed the proposed additional amount of $1,063.75 and finds it to be fair and reasonable. There were no schedule impacts associated with this work. Item No. 9 -Credits for Work Deleted from The Contract - Deduct $5.797.70 The following items were deleted from the Contract: a. A segment of the existing discharge piping from the North Reservoir Pump Station was shown to be replaced under this Contract. The City decided to leave the existing piping in place. This resulted in a net credit of $757.90. b. Installation of the RTU for Lift Station No. 10 was deleted from this Contract. The RTU was purchased under this Contract and will be installed under a separate City project. This resulted in a credit of $115.00. c. Contract allowances for video and testing were not utilized. This resulted in a credit of $1,500.00. d. The Contract Documents required the Contractor to furnish to the City a laptop computer and software for future programming of the PLC's. The City chose to purchase the laptop computer outside of this Contract, resulting in a credit from the Contractor of $2,800.00. Contractors's supporting documentation is attached for your information. If you have any questions or comments, please do not hesitate to call me. Very Truly Yours, HAZEN AND SAWYER, P.C. Kurt Pfeffer Construction Manager c: Richard Hasko File 4475 - 7.9.2 4475LO25. BCA AND SAWYER CITY OF DELRAY BEACH NORTH WATER RESERVOIR IMPROVEMENTS CHANGE ORDER #3 SUMMARY ITEM ADD CREDIT 1. Additional Sod 972.33 2. Plumbing in Pump Room 355.05 3. Installation of Harmonic Filters for VFD's 4,209.04 4. Line Stop 30,053.87 10,397.00 5. Emergency Work re: 3-inch Line Break 15,000.00 6. Flooding from Transfer Main at North Reservoir 2,130.55 7. Remove and Cap 1-inch Waterline at Reservoir 127.73 8. Pump Discharge Elbow 1~063.75 9. Credits for Work Deleted from Contract a. Piping 614.80 1,372.70 b. RTU Installation at Lift Station No. 10 125.00 c. Video and Testing Allowance 1,500.00 d. Laptop Computer, Software 2,800.00 Subtotals $54,526.92 $16,194.70 NET TOTAL (ADD) $38~332.22 4475ROO3. BCA:O5-21-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:CITY ACER \ SUBJECT: AGENDA ITEM # ~ - MEETING OF J~E 17, 1997 C~GE ORDER ~4/~Y LOG~ CONSTRUCTION~ INC. D~TE: ~E lB, 1997 This is before the Commission to consider Change Order #4 in the amount of $4,500 to Murray Logan Construction, Inc. for structural repair of Lift Stations 4, 50, & 80, in conjunction with the Barrier Island pump stations project. The change order includes all labor, material and equipment to remove stair nosing, sand blast and clean steps, apply concrete mixture and patch steps at Lift Stations 50 and 80, and cut out rusted rebar and patch lintel beam with concrete at Lift Station 4. Recommend approval of Change Order #4 to Murray Logan Construc- tion, Inc. Funding in the amount of $4,500 is available from Renewal and Replacement - Other Improvements (Account No. 442-5178-536-63.90.) Agenda Item No. AGENDA ~Q~ST Date: June 10, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda ,. ~When: June 17, 1997 Description of item (who, what£/, where~ ~wO~'m6ch): Staff requests Co--lesion Approval of a ~ ~r~Z~-~Z~~n for Murray Logan Construction contract for Barrier Island Pump Stations (PN 95-031) in the total amount of $4,500.00. The scope of work includes repair of steps at Lift Station 50 and 80; and repair of a concrete lintel beam at Lift Station 4. Fundinq is from 442-5178-536-63.90 (W/S Other Inmprovements) ORDIN~CE/RESOLUTION REQUIRED: NO D~FT ATTACHED NO Reco~endation: Staffreco~ends~~ntractadditionfo,~~ Murray Logan Construction. Department head signature: 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: Y~NO ~ Funding alternatives-- (if applicable) (~Account No. & Description kl_~Account Balance % 1O~q~ City Manager Review: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file:s:eng/eng/proj/95~l/official/agl105.doc. TO: David T. Harden City Manager/ FROM: Howard Wigl~]t/]A . Dep. Dir SUBJECT: BARRIER ISLAND PUMP STATIONS PN 95-031 DATE: June 10, 1997 Attached for Commission approval is an agenda request for a Contract Addition (C. O. //4) to Murray Logan Construction, Inc. for the above referenced Project. The amount of C. O.//4is an add amount of $4,500.00 for the following item: 1) At Lift Stations 50 and 80 furnish all labor, material and equipment to remove stair nosing; sand blast and clean steps; apply concrete mixture and patch steps. 2) At Lift Station 4 furnish all labor, material and equipment to cut out rusted rebar and patch lintel beam with concrete mixture. City of Delray maintenance personnel to relocate or remove rusted conduit exposed in lintel beam. Total Lump Sum Price $4.500.00 Funding Source is 442-5178-536-63.90 (W/S Other Improvements) for $4,500.00. cc: Bob Bullard, W/S Maintenance Manager file: 95-031 (E) file: s/eng/eng/proj/9531/official/agdmemo, doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Four (4) PROJECT NO. 95-031 DATE: PROJECT TITLE: BARRIER ISLAND PUMP STATIONS TO CONTRACTOR: MURRAY LOGAN CONSTRUCTION YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: 1) Provide all labor, material and equipment to repair steps at Lift Stations 50 and 80; and repair lintel beam at Lift Station 4 (excluding conduit removal) per attached quotation dated 5/9/97 for a lump sum price of $4,500.00. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $947,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $65,552.83 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHAi~GE ORDER $1,012,552.83 COST OF CONSTRUCTION CHANGES THIS ORDER $4,500.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,017,052.83 PER CENT INCREASE/DECREASE THIS CHANGE ORDER +.4% TOTAL PER CENT INCREASE/DECREASE TO DATE +7.3% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. for Murray Logan Construction, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 442-5178-536-63.90 (W/S Other Improvements) DELR_AY BEACH, FLORIDA By its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, MAYOR ATTEST: APPROVED: By: City Attorney City Clerk ~...~95-031~contractkco3frm.doc HAY-09-199? 10:35 FROH MURRAY' LO~3AN CONST. TO 1561243?344 P. 0~ . MUR~ ~Z OGAN CON~TR UCTIO~ INC. 6en eral Co n tractors 313 65th TRAIL NORTH ~ST PALM BEACH, FLORIDA 33413 TEI,EPHONE 68~39a8 QUOTATION ~A?~. To. 5-9-97 CITY OF DELRAY ATTN: BOB BOLLARD & MILTON WILLINGHAM N^M~O~0~;¢~ DELRAY L. S, I. QCATI~)N .CANS a.0 NIA WE PflOPOgE TO ~URNISH AtL LABOR, MATERIAL AND ~QUIgMENT TO P~RFORM THE FOLg0WlNG: REMOVE STAIR NOSING IN L.S. 50 AND 80 SAND BLAST AND CLEAN STEPS, APPLY CONCRETE MIXTURE AND PATCH STEPS. L.S. #4, CUT OUT RUSTED REBAR AND PATCH LINTEL BEAM WITH CONCRETE MIXTURE, TOTAL LUMP SUM COST $ 4,500,00 NOTE= CITY OF DELRAY TO RELOCATE OR REMOV~ RUSTED CONDUIT THATS ~XPOSED IN LINTEL BEAM AT ~.$. #4 MURRAY LOGAN CONSTRUC'I"ION. ~NC. CANNO? GUARANTEE O1~ BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS: ACCEDED: MURRAY [.OGAN CONS~RUC~ON, INC. TOTAL ~. 02 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY NAGER SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF JUNE 17, 1997 RESOLUTION NO. 45-97 DATE: JUNE 13, 1997 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 145 S.W. llth Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,427.83 remains unpaid. Recommend approval of Resolution No. 45-97 assessing costs for abating a nuisance on property at 145 S.W. llth Avenue. RESOLUTION NO. 45-97 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 RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, W~EREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, W~EREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon Said assessments so levied shall if not paid within ' ' thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 45-97 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived bY the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No.45-97 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Lizzie, Ros.ie M.. and J.L. Be.rry and Bernice Yearby ADDRESS: 229 SW 14th Avenue, Delray Beach, FI 33444 PROPERTY: 145 SW llth Avenue, Delray Beach, F1 33444 LEGAL DESCRIPTION: Lot 12, Block 9, Atlantic. Gardens De!ray ~ccjz~jing to Plat Book 14; Page 63 of th~ off~l re~orH~ of Palm Beach County, Fi You, as the record owner, of, or holder of an interest in, the above describ3d property are hereby advised that a cost of $3,4.27,83 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on ti-z3-96 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. × You failed to appeal the decision of the Chief Building Official to the Board 'of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ..i[ed__by the decision of the Board of Construction Appeals within a stated period of time; You failed to take the action as required by the order of the Board (~f Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the, decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 5-9-97 at a cost of $3,427.83 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORI-FY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERShip/ S~JECT: AGENOA ITEM # ~O - MEETING OF JUNE ~7, 1997 RESOLUTION NO. 46-97: DATE: JUNE 13, 1997 This is a resolution assessin9 costs for abatement action required to remove nuisances on 17 properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 46-97 assessing costs for abating nuisances on 17 properties within the City. RESOLUTION NO. 46-97 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 NUISA~CES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WREREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 46-97 accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No. 46-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT SOUTHRIDGE, LTS 10 & 15, BENNETT, JAMES P. $ 150.00 BLK 7, PB 13, P 38, 11407 FLINT LANE 70.00 (ADM.COST) PUBLIC RECORDS, BOKEELIA, FL 33922-3011 PALM BEACH COUNTY, FL ( 615 SOUTHRIDGE ROAD) RIDGEWOOD HEIGHTS DELRAY, GABALDON, VALENTINE & $ 61.00 LTS 1 & 2 /LESS N 15 FT FRANCES GABALDON 70.00 (ADM.COST) RD R/W, BLK B, PB 14, 321 DATURA STREET P 44, PUBLIC RECORDS, WEST PALM BEACH, FL 33401 PALM BEACH COUNTY, FL (702 SW 10TH STREET) RESUB OF BLK 29, TERRY, CHARLIE $ 35.00 DELRAY BC~{, LTS 28 & 29, 39 SW 9TH AVE. # 3 70.00 (ADM.COST) BLK 29, PB 9, P 66 DELRAY BEACH, FL 33444 PUBLIC RECORDS, PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) JEFFERSON MANOR, WILLIAMS, JANIE M. & $ 25 . 00 LT 2, PB 24, P 150, MILDRED V. TOWNSEND 70.00 (ADM.COST) PUBLIC RECORDS, 305 ROOSEVELT AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (305 ROOSEVELT AVE. ) TOWN OF DELRAY, S 50 FT CLECKLEY, ELEASE H. $ 45.00 OF N 285 FT OF W 135 FT 1208 NW 2ND STREET 70.00 (ADM.COST) OF BLK 13, PB 1, P 3, DELRAY BEACH, FL 33444 PUBLIC RECORDS, PALM BEACH COUNTY, FL (21 SW 7T~{ AVENUE) TOWN OF DELRAY, S 1/2 BURNS, ROBERT L. $ 65.00 (LESS N 150 FT, W 135.6 2578 LAKE IDA ROAD 70.00 (ADM.COST) FT & S 106.1 FT) , DELRAY BEACH, F 33445 BLK 39, PB 1, P 3, PUBLIC RECORDS , PALM BEACH COUNTY, FL (SW 3RD AVENUE) ATLANTIC GARDENS DELRAY, GERALD, WILLIE & $ 15.00 LT 15, BLK 5, PB 14, DOROTHY GERALD 70.00 (ADM.COST) P 63, PUBLIC RECORDS, 402 SW 9TH STREET PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 12TH AVENUE) - 4 - RES. NO. 46-97 TOWN OF DELRAY, LTS 32 GIBSON, VERA F. $ 50.00 & 33, BLK 15, PB 1, P.O. BOX 066 70.00 (ADM.COST) P 3, PUBLIC RECORDS, INKSTER, MI 48141 PALM BEACH COUNTY, FL (SW 6TH AVENUE) TOWN OF DELRAY, LTS 8 GORDON, ALFREDA $ 75 . 00 & 9, BLK 15, PB 1, P 3, 1824 NW 68TH STREET 70.00 (ADM.COST) PUBLIC RECORDS, MIAMI, FL 33147-7458 PALM BEACH COUNTY, FL (SW 7TH AVENUE) ROSEMONT PARK DELRAY, JOHNSON, PASTORIA $ 35.00 LTS 6 & 7, BLK 5, 625 SW 7TH AVENUE 70.00 (ADM.COST) PB 13, P 60, DELRAY BEACH, FL 33444 PUBLIC RECORDS, PALM BEACH COUNTY, FL (625 SW ?TH AVENUE) DELRAY SHORES, LT 28, LAFAILLE, PIERRE F. & $ 10.00 BLK 3, PB 24, P 233, JEAN P. METELUS 70.00 (ADM.COST) PUBLIC RECORDS, 505 DOLPHIN DRIVE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (505 DOLPHIN DRIVE) REPLAT DELRAY BEACH REEVES, HERBERT R. $ 85.00 HEIGHTS EXT, SECTIONS 7315 PINE TREE LANE 70.00 (ADM.COST) A & B, LOT 1, BLK 3, WEST PALM BEACH, FL 33406 PB 26, P 83, PUBLIC RECORDS, PALM BEACH COUNTY, FL (765 SW 15TH AVENUE) PINECREST SUB., DELRAY, SETH, AARON JR., $ 35.00 LT 1, BLK 2, PB 14, P 46, 1020 NW 2ND STREET 70.00 (ADM.COST) PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (1020 NW 2ND STREET) DELRAY SHORES, LT 15, SMITH, TONYA $ 35.00 BLK 3, PB 24, P 233, 646 ANGLER DRIVE 70.00 (ADM.COST) PUBLIC RECORDS, DELRAY BEACH, FL 33445 PALM BEACH COUNTY, FL (646 ANGLER DRIVE) FAIRLAWN, LT 4, BLK 2, STROCK, ARTHUR V. $ 15.00 PB 25, P 159, 829 SE 9TH ST. # 201 70.00 (ADM.COST) PUBLIC RECORDS, DEERFIELD BEACH, FL 33444 PALM BEACH COUNTY, FL (1220 NW 2ND STREET) - 5 - RES. NO. 46-97 ROSEMONT PARK DELRAY, WALKER, LUCRETIA $ 15.00 LT 1, BLK 7, PB 13, 601 SW 8TH AVENUE 70.00 (ADM.COST) P 60, PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (601 SW 8TH AVENUE) CARVER SQUARE, LTS 2 & WRIGHT, WILLIE L. & ERMA $ 35.00 3, PB 24, P 11, 106 NW 12TH AVENUE 70.00 (ADM.COST) PUBLIC RECORDS, DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (706-710 SW 2ND STREET) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE - 6 - RES. NO. 46-97 MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Saffor~ce Director DATE: June 10, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JUNE 17, 1997 - PAYMENT APPROVAL FOR SOFTWARE MAINTENANCE SUPPORT WATER TREATMENT PLANT Item Before Commission: The City Commission is requested to approve payment for software support to Johnson Yokogawa Corporation for a total cost of $35,115.14. Background: Johnson Yokogawa Corporation is the original contractor that installed and implemented the software with the conversion to Lime Softening in 1992. Several projects were required for rehabilitation work which included the Morikami Wells and North Repump Station as a sole source service utilizing this vendor for software support. The Manager of Water Treatment Plant recommends payment to Johnson Yokogawa Corporation for this software support. See attached memo dated June 05, 1997. Recommendation: Purchasing staff recommends payment to Johnson Yokogawa Corporation for a total cost of $35,115.14. Attachments: Memo From Water Treatment Plant Agenda Item No.: AGENDA REQUEST Date: 3Uric ]0~ 1997 Request to be placed on:, Consent X ~eg~i-~r Agenda Special Agenda Workshop Agenda When: June 17, 1997 Description of agenda item (who, what, where~ how much): Payment approval for software support to Johnson YokoEawa Corporation at a total cost of $35.115.I4 as a sole source service. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Payment approval to Johnson YokoKawa Corporation at a total cost of $~5;115.14. Fundin~ from Repair/Maintenance and Capital Outlay Improvement Codes- 441-5122-536-31.90, 440-5179-536-64.30, 440-5179-536-63.61 .Department Head Signature: %.~.. ~ Determination of Consistenc~__ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available~NO~ bi "I~ Funding alternatives: ~ (if ~pplicable) Account No. & Description: q~l _-f~lT_~-~5(~/~l-qO ~L~D~~5'.,Sfk%~i~'~ Account Balance: ~.~ ....... City Manager Review: ~5 ~Of~%~'~?~ Approved for agendaj ~/ NO {~7 Hold Un~l:~ ~enda Coordinator Rev~e~: Received: ~c ~ ~on: ~pp roved / D ~ s app roved MEMORANDUM To: Jackie Rooney, Senior Buyer From: Don Haley, Manager of Water Treatment Plant ~ ' SUB: REQUISITION//52743 SOLE SOURCE JUSTIFICATION Date: June 5, 1997 Johnson Yokogawa Corporation was the original contractor that installed our instrumentation and sofavare (RealFlex), with the conversion to Lime Softening in 1992. We have continued using them without a service agreement to hold the cost to a minimum, (see attached). The invoices included in this requisition are from a total of (3) three months. They include projects for the Morikami Wells and rehabilitation work at the North Repump Station, with different account numbers. At this time, we do not know of any other service company that can provide software support for RealFlex, written by B.J. Software, on our QNX Operating System. We had sent our City's M.I.S. support person, (David Miller), for training in Texas, and provided manuals to Horton Engineering in February of this year, asking them if they could support RealFlex. At present, M.I.S. cannot provide support and we have not heard from Horton Engineering. The City's maintenance group at present has purchased a new user friendly program called "Lookout", to be used with their telemetry system. Maybe this will be our solution to the problem of sole sourcing service. DH:dk cc: Richard C. Hasko, P.E., Acting Director Env. Services File: req52743.doc Apr-16-97 02:13P JYC ORLANDO 407 6787163 P.01 JOHi Johnson Yokogawa Coq)oration YOKt GAWA 931 South Semoran Blvd., #208 Winter Park, FL 32792 TEL: 407/878-0700 FACSIMILE ~ FAX: 4071678-7163 Page 1 of 1 DATE: 4116t97 TO: Debbie Koch FROM: Robert J. Spitz Senior Account Manager COMPANY: City of Defray Beach COMPANY: Johnson Yokogawa Corporation PHONE ~ (561) 724-3618 PHONE ~. 407-678,0700 FAX #: (561} 243-7316 FAX ~. 407-678-7163 RE: Maintenance and Service Work Orders for Apdl Invoice Debbie, Please look over this work order list and cross-reference it with your mconJs. I am preparing an invoice for you and would like to verify the amount as we did last time. Work older · Date .AITtount · ~21630 2/22/97 ~3,480.75 ~'21632. 3/5/97 $1,195.72 ~21823 3/21197 $2,1S0.00 c.,-21634 3/25/97 $I,085.$7 ~ o-')~, ,y~-. ,,'/21874 4/4/97 $4,355.00 L-'"21719 3/24/97 $3,045.00 ~ 21824 3/24/97 $720.00 ~'/ 21852 3/4197 $315.00 ~ 21853 3/5/97 $450.00 L.,'"21645 2/26197 $1,800.00 ',-/ 21882 3/21/97 $4,290.74 ~21872 2/26197 $1,080. O0 7-"'/21873 2/27."97 $720.00 /21627 2/27/97 $4,027.36., ~-"'~21527 2/20197 $720.00 v21526 2/19/97 $720.00 ~ 1722 2/13/97 $1,440.00 TOTAL INVOICE $35,115.14 Best Regards, Robert J. Spitz 316001 -CO-01435 D BINV4g7.XLS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~,~/1 EMT TRAINING AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACH COUNTY DATE: JUNE 13, 1997 This is before the Commission to approve an agreement between the School District of Palm Beach County and the City for an Emer- gency Medical Technician-Basic Education Program. The initial term of this agreement shall be three years, commencing July 1, 1997 through June 30, 2000. The City Attorney has reviewed the agreement and find it acceptable as to legal sufficiency and form. Recommend approval of the agreement with the School District of Palm Beach County for an Emergency Medical Technician-Basic Education Program. Agenda Item-No.: ~.~ AGENDA REQUEST Date: 6-12-97 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 6-17-97'_ Description of'item (who, what, where, how much): Agreement with School Board ~or EMT training with South Tech, Approved · , Attorney. (Example: .Request from Atlantic High School for $2,000 to fund project graduation).. ORDINANCE/"RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: (Example: RecOmmend· approval with funding from Special Events AccOunt No. 001-3333-555-44.55). Department Hea~ Signature: City Attorney Review/ Recommendation (if applicable): Has been reviewed See attached memo Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ~ ~~-- j~f t.=>% c+. Approved for agenda: NO ~/~1 /~* ~<~{Cx~t~ Agen0a Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY DF DELRRY BERgH CITY ATTORNEY'S OFFICE ~oo sw ,~, ^VEN,~,~. ,~,~,.,,^,',,,~^~., FLO,,,D^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali.America City 1VIEMORANDUNI '~11~ DATE: JunelO, 1997 1993 TO: Doug Trawick, Div. Chief-EMS FROM: Susan A. Ruby, City Attorney SUBJECT: Review of EMT Training Agreement I have reviewed the Agreement and find it acceptable as to legal sufficiency and form. I am returning the two original copies to you so that you can prepare the appropriate cover letter to include with the contract for placement on the agenda. Attachment emt. sar [ITY JIF i]ELRI:iY BEi:i[H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH AII.Ame~ca City ~99MEMORANDUM TO: SUSAN RUBY, CITY ATTORNEY FROM: D.R. TRAWICK, DIVISION CHIEF DATE: MAY 22, 1997 SUBJECT: REVIEW OF EMT TRAINING AGREEMENT I have received an agreement from the School District of Palm Beach County for an Emergency Medical Technician-Basic Education Program. We have been engaged in training of EMT's with them for several years. I have reviewed the agreement and with my limited expertise I found nothing in conflict. They have changed the agreement per our recommendations in the past and the limited requirements placed on us are, in my mind, reasonable. Thank you in advance for your review, upon its completion I will forward the document to the commission for approval. D.R.Trawick Division Chief cc. A/C Wigderson FiRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 ° SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper THE SCHOOL DISTRICT DR. JOAN P, KOWAL OF PALM BEACH COUNTY, FLORIDA SUPERINTENDENT DEPARTMENT OF ADULT, VOCATIONAL, OF SCHOOLS AND COMMUNITY EDUCATION 3312 FOREST HILL BOULEVARD WEST PALM BEACH, FL 33406-5813 (561) 4344712 FAX (561) 434~475 May 13, 1997 Doug Trawick, EMS Chief Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, Florida 33444 Dear Mr. Trawick: Attached are two (2) copies of a proposed agreement between The School District of Palm Beach County and City of Delray Beach for the District's Emergency Medical Technician- Basic Education Program. Please sign and return all copies to: Mr. Jaime S. Greene, EMT Education Program Director Department of Adult, Vocational, and Community Education School District of Palm Beach County 3312 Forest Hill Boulevard, Suite A-334 West Palm Beach, Florida 33406-5813 An executed copy will be returned to you after it has been signed by the Superintendent and the Chairman of the Board. Your cooperation and interest in our Emergency Medical Technician-Basic Education Program is appreciated. Please call Mr. Greene at 434-8705 if you have questions or concerns. Sincerely, J. Larry Coup, Interim Director Adult, Vocational, and Community Education JLC:JSG:cg Attachments c: Jaime S. Greene An Equal Education Opportunily Provider and Affirmative Action Employer MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~. ~. - MEETING OF JUNE 17, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 13, 1997 Attached is the Report of Appealable Land Use Items for the period June 2 through June 13, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIA~, ~ DEPARTMENT OF PLANNING AND ZONING FROM: fASMIN ALLEN, PLANNER SUBJECT: MEETING OF JUNE 17, 1997 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 2, 1997 THRU JUNE 13, 1997 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 2, 1997 through June 13, 1997. This is the method of informing the City Commission of 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 City 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. City Commission Documentation Appealable Items Meeting of June 17, 1997 Page 2 No Regular Meeting of the Planning and Zoning Board was held during this period. A. Tabled on a 6 to 0 vote (Sittler absent), a fiat wall sign for Video Avenue in the South Delray Shopping Center located at the northeast corner of South Federal Highway and Avenue L. The Board felt that the sign deviated from the master sign program for the center and requested that the applicant obtain the concurrence of the owners of the Shopping Center. B. Approved (6 to 0), the site plan and landscape plan for Bayberry Landing a 149 unit multiple family rental development, located on the west side of Military Trail north of the K-Mart Shopping Center. Concurrently, the Board approved a waiver eliminating the requirement for a loop road along a portion of the site. The architectural elevation plan was tabled. C. Approved on a 6 to 0 vote, a major site plan modification and landscape plan associated with a body shop addition with service bays for Morse Collision Center (Delray Toyota Used Car Sales Dealership), located at the northeast corner of Fladell's Way and South Dixie Highway. The architectural elevation plan was approved on a 5 to 1 vote (Little dissenting). Concurrently, the Board waived the requirement to install a sidewalk along Dixie Highway and Fladell's Way and denied a request to eliminate the requirement to dedicate 30 feet along a 65' section of Fladell's Way at the southwest corner of the site. City Commission Documentation Appealable Items Meeting of June 17, 1997 Page 3 1. Approved (5 to 0, Farrington and Damiano absent), a request for a Certificate of Appropriateness associated with the construction of a driveway for a contributing single family residence at 1027 Nassau Street. 2. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the installation of a wood trellis at the front entrance of a single family residence at 707 S.E. 1st Avenue. 3. Denied (5 to 0), a request for a Certificate of Appropriateness associated with the construction of a fence along the south property line for a new single family residence at 225 Royal Court. The following item is not appealable and will be forwarded to the City Commission as a separate agenda item. · Recommended approval (5 to 0), of the designation of the Trinity Evangelical Lutheran Chapel as a historic building and its listing in the Local Register of Historic Places. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CULF S,RE,,,, BL*. CITY COMMISSION MEETING OF JUNE 17, 1997 L-,30 CANAL · O~ LAKE IDA ROAD N.W. 2ND $.W. 2N~ ~- LOWSON BOULEVARD ',~ LINTON BOULEVARD BOULEVARD ~_ .... ! ! I I L-38 CANAL C-15 CANAL o~' L,M,TS ........... S.P.R.A.B.: H.P.B.' A. - VIDEO AVENUE 1. - 1027 NASSAU STREET B. - BAYBERRY LANDING 2. - 707 S.E. 1ST STREET MILE I C. - MORSE COLLISION CENTER 3. - 225 ROYAL COURT I SCALE Cll~ OF DELRAY BEACH. FL PLANNING DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~ SUBJECT: AGENDA ITEM # ~.~. - MEETING OF JI/NE 17, 1997 AWARD OF BIDS AND CONTRACTS DATE: JUNE 13, 1997 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to Cablexpress Corporation for the emergency purchase of Software/Hardware to replace current equipment at a total cost of $31,476 from 334-6112-519-64.11. 2. Bid award to Antonio Sanclement for City Attorney building storm shutters, in the amount of $14,450 from 334-6111- 519-62.10. Agenda Item NO.: AGENDA REQUEST Date: June 10~ 1997 Request to be placed on:, Consent X ~eg~-~ Agenda Special Agenda Workshop Agenda When: June 17, 1997 Description of agenda item (who, what, where, how much): Purchase award to Cablexpress Corporation for the emergency purchase of Software / Harware to replace current equipment at a total cost of $31~476. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Cablexpress Corporation for the purchase of equipment for replacement at a total cost of $31,476. Funding from account code 33&-6ii2-519-6&. 11 .Department Head Signature: 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: ~/ NO ~[ I1 /~ Funding alternatives: ' (if app~li~able~ Account No. & Description: ~,<~-~-~ ~(~-II ~O~,r~C ~i)~M~,,a~ Account Balance: ~I~O~'~ .... ' ~ ~I- I City Manager Review: Approved for agenda.: ~ NO ~ Hold Until: ' \ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Marden, City Manager FROM: ~ Jacklyn R~~rchasing Supervisor THROUGH: Joseph S e Director DATE: June 10, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JUNE 17, 1997 - EMERGENCY PURCHASE SOFTWARE / HARDWARE CABLEXPRESS CORPOP~ATION Item Before Commission: The City Commission is requested to approve the emergency purchase of software and hardware from Cablexpress Corporation at a total cost of $31,476. Background: The equipment requested is to replace current, obsolete IBM and Fibermux equipment with source router switches that will significantly improve the traffic on the LAN backbone resulting in improved performance and dependability of the City's network. The intelligent source router switches are the best, most cost effective approach to improve the overall performance, dependability and system management of the City-wide network. Quotes were obtained from three vendors (Cablexpress Corporation, Champion Computer Corporation, and IBM). The quote received from Cablexpress Corporation was lowest and also their quote was lower than the State Contract pricing for these items. Recommendation: Staff recommends award to Cablexpress Corporation at a total cost of $31,476 (which includes shipping). Funding from account code 334-6112-519-64.11. Attachments: Quotes Received To: 5re~ ~elch From: [ABLExpress 5ales 5-20-97 8:lSam p, 1 of 1 ® 500 East Brighton Avenue, Syracuse, NY f 32fO Network Sales: 315-476-3100 Corporate: 315-476-3020 Mainframe Sales: 315-476-3000 Fax: 3 f5-476-3034 May 19,1997 Greg Welch City of DelRay Beach 100 NW First Avenue DelRay Beach FL 33444 RE: Quote # 43855, Expires on 06128197 Dear Greg: CABLExpress is pleased to submit the following proposal for your review: QTY CBX PIN DESCRIPTION UNIT PRICE EXTENDED PRICE 1 11516 82721216 LANSTREAMER TR SWITCH 6800.00 6800.00 4 1-13H9170 82721108 LANSTREAMER TR SWITCH 3820.00 15280.00 6 1-41 H6985 2 PORT FIBER UFC FOR 8272/108 & 216 1090.00 654000 1 12795 NWAYS MANAGER FOR WINDOWS V2 CD-ROM 1665.00 166500 TOTAL 30285.00 Terms and Conditions CABLExpress warrants that any item in this proposal CAB£~press terms are net 30 for customers with For all relurns, please call your Sales will be free from defects in material or worlonanship approved credit. An account can be established by Consultant. A return authorization number for a period of lO0 days from date of shipment, or submitting a completed credit application will be issued to assure that your account is as listed in the product specifications. Alteration, (available upon request). Instant credit will be credited promplly. Returns must be shipped abuse or misuse voids all warranties. This limited extended for companies favorably rated by D&B. prepaid to CAB£Express. Returnable items warranty shall be limited to repair, replacement of To expedite your order and keep order processing will be subject to a restocking fee. Custom parts and necessary labor to make said repair. All costs down we request that all orders tmder $50. O0 cables, bulk cable, connectors, tools, test warranty repairs must be pre-approved, issued an be processed on your MasterCard, VISA, Discover, equipment, software, special orders and RA number prior to return and shipped prepaid to American Express, Diners Club or Carte Blanche. items held over 30 days are not returnable. CABLExpress. Some products may have warranties in excess of the standard warranty. Many products All freight charges from Syracuse are Person signing below is authorized to have extended warranties avallable. Check with separately billed (prepaid + add). approve this purchasa your Sales Consultant for pricing and terms. Thank you for the opportunity to quote on the above. Should you have any questions please call me at any time. Sincerely, Approved and Accepted by: Lynn Hidy Signature Title Sales Consultant Name PO # Cit~ of Delmy Beach M.I.S. division From: Ihidy @ mail.CABLExpress.com To: mi0000 @ mail.state.fi.us Subject: IBM 8272 references Date: Friday, May 30, 1997 1:49 PM Greg, Here are the people for you to call for references Edison Electric Institute Contact: Paul Marks 202-508-5437 Value Rent a Car Contact: Mark Platt 561-998-7367 He'll be on vacation from 6/7-14th Thanks, Lynn voice: 315/476-3100 ext 2247 mailing address: fax: 315/476-3034 500 East Brighton Avenue Ihidy @ cablexpress.com Syracuse NY 13210 Page I CHAMPION C:OMPUTER CORPORATION June 5, '1997 Greg Welch City Of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 2612 Dear G rog, Thank you for the opportunity to earn your business. I have listed below the products and pricing for the products/configuration we discussed. I{ you would like to make any changes, please call and I would be pleased to work with you on a configuration that would meet your equipment and budget req u i foments. Please call me at 800-771-7000 Ext.147 if you require additional information or to place your order. I look forward to becoming an important member of your team. Sincerely, Tony Grant Account Executive P.S. Visit our Web site at http://www.championcc.com 6421 CONGRESS AVF_:NI.?};.. BOCA RATON, FI,ORIDA 3.3487 · (561)997-290~ · I-'AX (561')997-41~43 012 CHAMPION COMPUTER CORPORATION Greg Welch City Of Del ray Beach 100 NW 1st Ave Delray Beach, FL 33444 2612 June 5, 1997 QTY ITEM DESCRIPTION LIST UN IT COST 4 13H9170 IBM 8272 Nways T/R LAN Switd~600.00 4075.00 16300.00 Model 108 1 55H7160 IBM 8272 Nways T/R LAN Swit(9995.00 7100.00 7100.00 Model 216 6 41H6985 2-Port T/R UTP/STP UFC 1600.00 1150.00 6900.00 1 33H8379 Nways LAN ReMon for Windows2749.00 2060.00 2060.00 *The above prices are for your information and subject to change. No applicable taxes or freight have been included in the above pricing. Thank you for considerin9 Champion Computer Corporation. Tony Grant Account Executive Pag'e 2 of 2 6421 (7ON(}RESS AVFNUI! · BOCA RATON, FLORIDA 33487 ° (561)997-2900 FAX (561)99%4043 International Business Machines Corporation z~l 11 Northside Parkway At(anta, GA 30329 IBM Direct Price Quotation City of Delray Beach 100 NW First Avenue Delray Beach, FL33444 Attn: Greg Welch (561)243-7144(V) (S61)243-7166(F) Product Description L.~.$t Price Qty: Price, LANSTREAMER 8272-108 $3,920 00 4 $15,680 O0 2Port Token Ring Fiber 1,120 00 6 6,720.00 UTC 8272 216 6,996 50 ! 6,996.50 Nways Manager for 2,250.00 I 2,250 00 Wmdows ~ i 'c ~' i'~. ~' 1184112656 Wide Area Networking IBM Direct The prices stated are for your information only and are subject to change Prices quoted do not included no~mal ~ ound shipping Applicable taxes are not showm Evolutionary steps to improved ken-Ring performance IBM 8272 Nways Token-Ring LAN Switch New Features The Model 108 provides 8, fixed R J-45 ports Highlights Internal source-route bridging function and one Universal Feature Card (UFC) slot. enhances the existing source-route The Model 216 provides 16, fixed R J-45 ports oAdditionalnetworkconfiguration switching capability and two UFC slots. The UFC slots increase options for increased flexibility flexibility for either port expansion or and fewer network performance connections to other switched or shared- Current features media segments. problems The 8272 employs cubthrough switching · Automatic configuration to the technology that provides the benefits of Additional fixed ports and UFC slotsallow optimum operating level dedicated-media, high-speedswitching to you to build larger and more complex serve emerging, high-demand desktop switched networks using a common set of · Increased network capacity with applications. This switching technique switch products Many of the functions and minimal disruption to existing delivers extremely Iow latency or delay features provided t)y the 8272 are common infrastructure However. should your operating environment to other menqbem of lhe IBM LAN switch demand more error isolation between family Each of the fixed ports supports · Source-route switching and segments, the8272 can be configured to twisted pair media (Token-Ring UTP/STP) internal source.route bridging alternate automatically between cut-through via R J-45 connectors Any of lhe UFCs maximize the benefits in source- and store-and-forward switching based on announced for the Model 108 can t)e used in routing environments user-specified thresholds. This IBM- the Model 216 UFC slots, allow,~.q custom patented technique is called adaptive cut- ers to construct a more varied set el · Adaptive cut. through, Token.Ring lhroughn~ode configurations than is possible wil h the ()ne switching at an industry-leading UFC slot of Model 108. price per port · GrandWinner (Overall) and Best in LAN Switch Category (Data Communications LAN Times- 1995) · Full-duplex Figure I group of 19 users attached to an access unit Figure 3 Server now shares a dedicated, 16-Mbps path to the Server Server p ~ ~~E~] server. Each server has a dedicated, !~~¥ 16-Mbps path upon which to service requests. The overall capacity of this solution 19 Workstations J Server is 64 Mbps, and alt we have done to the -E~ network is install the 8272, install four new ~~ ' ral patch cables and relocate theconnection of ~%~ T' four others. No building wiring has been 19 Workstations J changed. No new adapters have been Server ~ t~4--~--~, J~ ...... ~ And the network capacity has been installed. No software has been rewritten. ~ ,~ ~ ~ I L_J Server 4 19 Workstations S~~~ rver (~ Relieving the overstressed backbone 19 Workstations ! Some large, multisegment, hierarchical Token-Ring networks experience conges- tion at the campus backbone level. Although this congestion can often be relieved by In Figure 4, the congested campus back- Staging your way to better perfor- converting the backbone to a higher speed, bone and the source-routing bridges mance shared-media protocol or by installing attached to it have been replaced by an As shared-media LANs such asToken-Ring additional bridges or dual backbones to 8272 As a transparent switch, all of the ports add station,s fe the network and generate eliminate bottlenecks, the dedicated media on the 8272 share the same ring number. more traffic, co ~gestion increases and offered by the8272 might be more long- Thus segments 4, 5 and 6 in Figure 4 have performance decreases. Some high- lived or more economical if either higher become a single logical segment (5 for demand applications cannot run smoothly demand applications or anATMWAN is in purposes of identification). The network and its users become less your future. Let's look at a couple of possible effective Until now, the only solution has uses of 8272 switches in the network shown been to mow~, to a higher data-rate network in Figure 3. This network is athree-level, The next step a~ ~(t wail lor dc~ hand tocatch up with the new hierarchical campus network. Typically the first point of congestion in our eel)dotty Ne~ work administrators and planners f/-~ce ¢'~e prospect of rebuilding newly configured network would be lhe their enhre nelworking infrastructure every Figure 2 servers few years i _ I m ~ ........... ~ Servers ~?,~ r_, i ,~ ~ Because the usual mode of operation for a --' Token-Ring adapter is half-duplex, the The 8272 allows you to make incremental 19 W°rkstati°nsI 8272 ~--' ~ serversc~neithersendorreceiveinforma- changes in your network to address both immediate and long range performance , tion with one other segmentattachedtothe ~:~; ~j ,5 ~-~ ~q switch. If the servers are equipped with full- chalk)n(~es. For example, aToken-Ring LAN i- duplex adapters, such as the IBM Auto of 80 .~;tali<)n:; including 4 servers is ,"~~~ t: I beginn~nq 1o experience performance 19' "'~Workstationsi LAN Streamer PCI Adapter, the IBM 16/4 problems as a result of increased traffic. As Token-Ring ISAAdapter, or the IBM Triple it ~s curr~;r ~tlv structured, the LAN looks like .._! ~ ] LANStreamer PCI Adapter attached as ~~ .... ~1 / single-station segments as shown in Figure theone~ ~F~g ~rel Al of the stat ons are ' ,"'~--, [ ~-°----q'1'~ °~ln/ 4, theycansendandreceivedatasimulta- attached to access units located in a single 19 Workstationsl, neouslyThe capacity of each server ~s now w~nng r: r set Now lefs install an 8272 in the sar nc w~ring cto~.;e:l First we will divide the 32 Mbps per pod I O~ ~r: ;~cces~: unit port from each segment . ,'-r~ -~ n wnl! b(~ (;onn(;ct~.~d to a port on the 8272 via a 19 Workstationsl, The new threshold pak ~ c3bie Finally the four servers are However, network congeshon ~s not always r(~ ~ w vt h x ~ll~e ac(;(%s un,ts to which they at the backbone level In Figure 5. we have have l)e,c~, ati;4cl;(x:l ;~r ,d tt~(;ir cables moved tel)laced n~gs ,1 and 6 and altof lhe bridges to f(x ~ I)~ ,~ '.. ~n h,,/¢272 (Figure 2). Each around them with 8272s All of It ~e st4]tions ~n Ih(; former ril Igs 1 through 9 are now s~,x:~r ~ as parl ota siu,c~le logical segment Boltl(; nt}cks [)etwee~ / t :acrs and d(;partn aery{ }rs hay(.~ b( x~'n markedly Figure 4 Tofurtherenhancetheadvantagesof source- Figure 6 Servers route switching, the8272 provides a built-in Servers [- ~E tL_X~I I 5 source-route bridge function. This capability allows any combination of 8272 virtual 8272 32Mbps switch domains to be interconnected ~ internally by an internal multiport source- I route bridge. In this way the 8272 can have Server , , Server the appearance of a single bridge with ~ ~ii~ multiple ports. Figure 7 shows an example Optional ~~ Optional of an 8272 configured with multiple domains, ATM ATM ~ ~ three of which are enabled for source-route IUplink liiiiii~iD~li~ii~i~ATMll2~ Uplinkswitchi '-"1 bridging. In this example, the 8272 uses source-route switching within domains and 8272 source route bridging between domains. I[] I Automat,ccon,,,urat,o..ake. setup simple 8272 Finally, when the traffic on the backbone The 8272 will automatically sense all of the increases, the optional ATM uplink feature of following connection characteristics on each Server LJ the 8272 will allow you to connect to a of its ports. scalable ATM network through the 8272, as shown in Figure 6. Type: Concentrator, LAN workstation, or 32 Mbp another 8272 Server Data rate: 4 Mbps or16 Mbps Virtual switching magnifies your Duplex mode: Half or full hardware tions; these connections can use the same As an alternative to connecting LANs as a The 8272 will automatically configure cabling as can be used to connect the 8272 single large segment1 the8272 ports may be (requiring no operator action) each port to port to shared-media segments, This auto allocated through configuration to as many operate at the highest level of capability sense and auto-configure capabilily as eight separate domains. Each domain possible. No special crossover cables are rninimizes the net work admin~slrative acts as a separate switch that is indepen- required for stations on dedicated-media burden associated with both initial installa dently managed and has its own IP address, segments or for switch-to-switch connec- lion and ongoing nel work (:ha~ges and Packets are transparently forwarded helps ensure that customers (:an easflyget between ports in the same domain, or lo Figure 5 optimum use of their net works wilheul ports el another domain via the internal Servers always having to manage, the I(:~rge nl Jmber source-route bridge, of configuration variables Source-routing technologies Management to smooth the way to suit In addition to supporting Ih(hr ,ndustry- Suitable for either transparent or source- standard SNMP-manageme~t MIBs thai routing environments, lhe 8272 can be allow the 8272 to be managed by any SNMP configured for source-route switching mode, based management system, we also a new patented technology developed by 8272 support, through separak~ p~oqrams Nways IBM. With source-route switching, explicit . _ [:;:_ :_? Manager forWindows, Nways Campus configuration of ring and bridge numbers is '[](~~m~ ' Manager LAN for AIX and Nw;~ysCampus not required, substanlially reducing the Manager LAN for HP UX ne1 ~'¢~ ,r k mann(lc burden on tile network administrator for both menl applications for lh()~ r~ ~,~;l)echve initial setup as well as ongoing network environments. These al )t)h(:~tli{ )n.,~ allow you char~ges. Redundant paths carl easily be ~- I 8272 to at;sess the status af }(t(:onfiguratlorl el lhe stJpperled by using external source-routing Server ~ 8272 through a poinl ;~, I, f ~l,~'k ~nlerface In bridges for each redundar~l path Ct ia r/q(.~ graphs Il iai t::,l t( )v,, 11 ~, l ~ ~; k r r/t ;al I Server ::;poofied polling [)eri, ,'J The 8272's TokenProbe support can be used 8272s so that you can provide as much Cables for each of the eight ports on the 8272 to monitor traffic on any of theToken-Ring capacity between switches as you need. are required but are not included with the ports on the 8272 using a customer-supplied switch. The 8272 usesthe following types of monitoring device such as the IBM cabling: DatagLANce Network Analyzer or the IBM Universal FeatureCard slot and Token-Ring Network 16/4Trace and cards · Category 3, 4 or 5, lO0-ohm, UTP cables with Performance Program. Even full-duplex The long-term usefulness of the 8272 is in R J-45 connectors wired to supper tToken- traffic can be monitored by looking at the large part due to the flexibility offered by the Ring transmit and receive paths separately UFC slot. IBM offers optional, field- ,, 150-ohm, STP cables with shielded R J-45 Configuration for this feature can be installable UFCs that provide additional connectors wired to support Token-Ring or changed dynamically via the console, twisted-pair (UTP/STP) ports, high-speed optical fiber segments SNMP facilities of the 8272 or an Nways uplink connections or connections to other · Any currentToken-Ring lobe cabling manager shared-media LANs. Ordering information support for all types of connectors for these port extension UFCs is available · EIA 232-C cable with a DB-9 connector for Support for BootP and TFTP helps you immediately: connection to the management port manage the 8272 from a remote location in RFC 951-compliant environments by ° 4-PortToken-Ring UTP/STP UFC connectionsmightrequireother virtually eliminating the need to go to the · 2-PortToken-Ring Fiber additional types of cableWith appropriate switch for configuration or to download the ° 1-PortATM ( 155 Mbps SONET) connectors, any type of cabling media 8272 microcode, currently supported for lobe connection of For details about these UFCs, refer to the Token-Ring workstations into current, But managemenl isn't simply monitoring IBM 8272 Universal Feature Cards Specifi- shared-media segments is supported. the network. The 8272 criers a number of cation Sheet, G224-4439 features and configuration optionsthat can help you easily build a robust, efficient For more information network. For example, to help you with What you get To find out more about the IBM 8272 product security or traffic management, our The 8272 package includes: and other high-performance IBM communi- configuration program allows you to filter cations and networking products, contact frames by MAC address and related switch · Switch and mounting brackets your IBM representative or call IBM Direct portnumbertopreventframesoriginatingat · P/anningand/nsta//at/onGuide atlSOOIBM-CALL(1800426-2255) Youcan or deslir ~ed for tt)ese addresses from being · Power cord also access the IBM Networking Home forwarded lo any other switch port ° Service tnlormation Card Page al t~Itp://www raleigh, ibmcom · MIB diskette Anodizer capac~ly management feature. Copies of this and o~her relaled producl Token Pipe, allows you to connect up to 4, specificalion sheets can be obtained lrom parallel, 32 Mbps paths between any 2 the IBM FAX Informalion Service by dialing 1800 IBM 4-FAX ( 1800 426-zi329)in the US Figure 7 or Canacla or by dialing (415) 855-4329 outside the U.S. and Canada and requesting 8272 any of the following document numbers: I · 3470 IBM8272NWays Token-R~hg LAN Internal Source-Route Bridge Switch specification sheet D° ~ain I L_~lain] ID°-'-~ ~ ~l .47981BM8270and8272UniversatFeature L_server Server/ Gateway Gateway IBM 8272 Nways Token.Ring LAN Switch at a Glance Machine type 8272 Part number Model 108 PN 13H9170 Model 216 PN 55H7160 LAN ports Support for 1700 active MAC addresses per port and 10 000 per 8272. Model 108 Offers 8 token-ring, twisted pair (UTP/STP) ports for shared or dedicated LAN segments, Model 216 Offers 16 token ring, twisted pair (UTP/STP) ports for shared or dedicated LAN segments, Cabling Supports STP Token-Ring cabling and supports UTP category 3, 4 or 5 Token-Ring cabling (external filters not required), No special cabling is required to connect the 8272 to dedicated media segments or to another 8272 Data rate · 4 or 16 Mbps (ha(f-duplex) · 32 Mbps (fuIFduplex) Standards compliance Supports IEEE 8025 network components, Configuration and management · Direct (VT-100-compatible terminat) or remote (modem) management via front panel EIA 232-C port Console function is also available via Telnet · SNMP management for network management platforms such as Nways Manager for Windows, Nways Campus Manager LAN for Al×, and Nways Campus Manager LAN for HP-UX, capable of accessing SNMP (MIB-It compliant) management agent Low-latency design High speed switch efficiency achieved by ~ervcarding immediately upon detection of a valid address, without waiting for the end of the frame, to reduce delay without increasing the likelihood of forwarding a bad packet Adaptive cut-through mode automatically alternates between cut- through and store-and-forward switching based on user-specified error thresholds, Token-Ring environments * S~Jilable for i;ansparent or sou~ce-~outinf~ enwronments · Cenflgurable for source-route switching or source-route bridging, Dimensions Model 10~ Width 440 mm ( 173 U~ ) Depth: 356 mm ( 14 in.) Height: 66 mm (26 in ); Weight 65 kg ( 143 lb) M~)d~ J '2tG Widll~ ,14[)mmr173.~) D~,plh:356mm( 4in):Helght 88 mm (35 in ): Weighl ZS kg (1701b) Operating environments ]~)mi~,~rah~r~ 1()'1~ 40"C (~0 h~ l()d F): ~ahv(~ humidity 8% lo 80%; Ek)ch;~:al p<)w~zr 02 KVA, Ieakage and s~arllng ourr~nt: 0.5 mA/40 A, 6 ms: Standards · ~27';' S;~h~ly Sla~dards IN 60950, UI ]950, CSA 950 · 8272 El~ctrr~nta(?e~ic Complinr~cn Sl;~ndards FCC Class A (USA), VCCI Class I (Japan), ICES ()03 Olass A (Canada), Euu)pean Oommunity Mark of Conformity (GE Mark), EN ~()22 Chess B (CiSPR 22 B) · ISO Installations Cau h, ptacr~d on desktep or installed in :;tandard 19-inch rack Enhanced management tools Addu~r;s filt(~r~, virttJal ~;wilch t;up[)o L Tok(:nPipe, and BootP and TFTB TokeuPrebo Warranty Ont¢ Publication IBM 8272 Nway~; Feature Benefit ., -- 8- or 16-port switch · Extends network bandwidth for data-intensive applications such as multimedia, CADand client/ server, · interconnects dedicated or shared 1AN segments on any porL © International Business Machines Corporation 1996 · Delivers high performance at lower cost where IBMCorporation bridge or router technologies are not required, DepartmentA78 ........ Re Box12195 Universal Feature Card slots · Expansion of Token-Ring capacity ResearchTriangle Park, NC27709 · Uplinks to high-speed, switched, and shared- Printed in the United Slates of America media backbones 9-96 All Rights Reserved IBM-patented adaptive Provides the speed of cut-through switching and cut-through switching the error-checking capability of store-and- ReferencesinthispublicationtolBMproductsorservices do not imply that I BM intends to make them available in all forward switching countries in which IBM operates. Ease of use Automatic sensing and automatic configuring of Copyingordownloadingtheimagescontainedinthis connection types document is expressly prohibited without the written ..... consenter IBM Award-winning physical package · Single sided from access · Easy racking or stacking facilitated by integrated ® IBMandAIXareregisteredtrademarksoflnternational Business Machines Corporation. rack-mounting brackets · Rugged, all-metal enclosure TM DatagLANce, LANStreamerandNwaysaretrademarksof International Business Machines Corporation, · Switch-less configuration for better reliability · Common to many IBM networking products ® WindowsisaregisteredtrademarkofMicrosoft ........... Corporation, Full-duplex operation · Permits simultaneeu,c, two way transmission AIIothercompanynamesorpreductsaretrademarksor belween the switch and a device with a full-duplex- registeredtradomarksoftheirrespectivecompanies capable adaple~ · Improves server lhroughput by doubling available bandwidth when used on a dedicated LAN seg merit Prinlod on recycled paper · Relieves ¢;£)ngestlofl ;il n(stWOr k access point or server Source-routing technologies · Ease el use wm~ s<~um~} u)um switching · Ecorx)my with source louh: brid.gin.g redundant palhs wilhotlt ~:xkfrnal t)ardware Interconnectivity Pr;rrnils great¢)r I AN :;(;(jlh(}nlaliol} by allowing you to ~nterconnecl nqultipk¢ IBM LANStreamer switches. SNMP management Supports remote network management by SNMP corr~i)lian~ at)plicatic~ns, such as Nways Manager for Wir~dow,s, Nwm/s C;mll )us Manager LAN for AIX, and Nways Calnl),Js Manager LAN for HP-UX Standards support Prelects your investm(~rd by interoperaling with existUx~ IEEE 802 !) 'l~)kofl {~ill(~ adapters, hubs and other componenls Agenda Item No. ¢'.~'. ~, AGENDA REQUEST Date: June 10, 1997 Request to be placed on: X Regular Agenda ~ Special Agenda ~Workshop Agenda When: June 17, 1997 Description of item (who, what, where, how much): Staff request City Commission approve award of contract to Antonio Sanclement in the amount of $14,450.00, for providing and installing hurricane shutters on the City Attorney Building. Funding i~;available from General Capital Account No. 334-6111-519-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve award of contract tO Antonio Sanclement in the amount of $14,4~ p.rpviding and installing hurricane shutters on the City Attorney Building. Department head signature: ;/' / / v~tz- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (re~red on al[,,it~lving~expjenditure of funds): Funding available~/NO (~ Funding alternatives'Of applicab!e): V . Account No. & Descript~n Account Balance '~ ~ City Manager Review: ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9739\agreq617 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos~ Aguila, A.I.A.{/'~ Construction Mana'~j~r Date: June 10, 1997 Subject: AGENDA REQUEST 6/17/97 City Attorney Hurricane Shutters Project No. 97-039 On June 5, 1997, the City received ten (10) bids for the installation of Hurricane Shutters at the City Attorney building. The bids are as follows: ANTO:N:!~ SANG~EMENT ~4i~50100: 2 ROLLING SHIELD $15,489.00 3 PAVER CENTER & SHUTTERS $17,954.00 4 WRONO ENTERPRISES $18,728.00 5 ROLLIX INTERNATIONAL, INC. $18,773.00 6 GALFA CEE, COMPANY $20,400.00 7 CRAWFORD TRACEY $21,694.70 8 FOLDING SHUTTER CORPORATION $21,730.00 9 DAKOTA CONSTRUCTION $22,712.22 10 MASTERCARE SHUTTER CORP. $24,150.00 A budget estimate of $23,000.00 was established, so funding is available from the General Capital Account No. 34-6111-519-62.12. Following the submission of the bids, staff made follow-up calls on the listed references and found no discrepancies or concerns as to the ability of this company to perform the necessary work. Therefore, staff recommends award of Contract to Antonio Sanclement in the amount of $14,450.00 for providing all labor, equipment and material necessary for the complete installation of Hurricane Shutters at the City Attorney Building. cc: Dick Hasko File 97-039 (A) 6/17/97 Agenda File s\...\9739\agmem617 [lTV OF DELflfl¥ BEI:iEH ~ 100 N.W. ls! AVENUE . DELRAY BEACH, FLORIDA 33444 1993 CITY ATTORNEY HURRICANE SHUTTERS PROJECT CITY OF DELRAY BEACH PROJECT NO. 97-039 BID NO. 97-030' The work generally consists of providing all material, labor and equipment necessary for the installation of 14 manually operated roll-down shutters, 1 electric motor driven roll-doxvn shutter and one set of fixed panels in full compliance of all applicable codes for the City Attorney Building located at 200 NW 1 ST Avenue, Delray Beach, Florida. Sealed Bids will be received by the undersigned at the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, until 3:00 P.M. on June 5, 1997, at which time they will be publicly opened and read aloud. All work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of The City Engineer 434 S. Swinton Avenue, Delray Beach, FL 33444, phone 561-243-7327. Copies of the Plans and Specifications may be obtained, at no charge, from the Purchasing Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Call Purchasing at 243-7163 to ensure sufficient supply. Any bid received after time and date specified will not be considered. One contract will be awarded for all work outlined above and described in the plans and specifications. No bidder may withdraw his bid for a period of sixty days after the day set for the opening of bids. The City of Delray Beach, Florida reserves the right to reject any and all bids, to waive informalities, to re-advertise and to award the Contract in its best interest. City of Delray Beach, Florida Advertisement Date: By: Jacklyn Rooney Palm Beach Post Purchasing Supervisor Sunday, May 18, 1997 THE EFFORT ALWAYS MATTERS ~ on Recycled Pal~er CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 17, 1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.A.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board denial of fence design and landscape plans on property located at 225 Royal Court, Del Ida Park, owned by Mr. and Mrs. Scott Taylor. QUASI-JUDICIAL PROCEEDING MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~/1 APPEAL OF HISTORIC PRESERVATION BOARD DECISION DATE: JUNE 16, 1997 This is before the Commission to consider an appeal of the Historic Preservation Board denial of fence design and landscape plans on property located at 225 Royal Court, owned by Mr. and Mrs. Scott Taylor. The plans are associated with a Certificate of Appropriateness (COA) approved for new construction of a single family residence on a 50 foot lot in the Del-Ida Park Historic District. The COA was approved with conditions as outlined in the attached staff report. The design of the plan associated with the COA were reviewed by the Historic Preservation Board at its meetinG of June 4, 1997, and based on failure to make positive findings to Section 4.5.1(E) Development Standards, was denied by a 5-0 vote. Recommend Commission's discretion. JUNE 5, 1997 City Clerk City of Oelray 8each, Florida We wish to appeal ti~e June 4 decision of the aistoric Preservation 8card to deny approval of our- proposed fence. We don't want a fence in the first place, but in the spirit, of co-operation we are willing to put up a 5' fence. Ne woulct like Lo have .a while "plastic" trellis fence which is easy to install, easy t:o maintain, it doesn't, need painting, '~.t doe not rot or discolor like wood ; it is better in hurricanes because it doesn't give as much wind resistanoe. The fence is lacy and much more esthetically appealing t. han a solid one and we will have fast 9rowing passion flo~e~- vines 9~'owin9 on it ~hich will 9ire a solid privacy screen. The Board had previously approved ~4: similar 5' fence w:(th 8' solid ~ood pa¢~els alt,?r-nating wit. h 8' white plastic trellis panels. On the strength of the 8card's prior approval ~e went ahead and purchased 4x4 posts and 2x4 rails which i have already pa¢~nted white, therefore they cannot be returned. Two weeks ago I brought this sketch of the fence to Mrs. Casey prior to the Board*s meeting, she took it t.o the engineers, they said that. il; was structurally sound. We ask the Commission ~o approve our proposed fence. we are Sco~.t & Tullia Taylor owner"s of new home at 225 Royal Court, Oel Ida Park, Oelray 8each. Thank you for your consideration:. Tullia Taylor tel: 278-1442 c:: Patcicia Casey Historic Preservation Board TO: DAVID T. HARDEN CITY MANAGER~ ~.^ ~ ~A~/~. PJ,.~ G ^1 FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JUNE 17, 1997. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL OF FENCE DESIGN AND LANDSCAPE PLANS FOR MR. AND MRS. SCOTT TAYLOR The action requested of the City Commission is that of consideration of an appeal of the Historic Preservation Board's denial of a fence design and landscape plans associated with new construction of a single family residence. The subject property is located at 225 Royal Court in the Del- Ida Park Historic District The fence and landscape plans are associated with a Certificate of Appropriateness (COA) approved for new construction of a single family residence on a 50' lot in the Del-Ida Park Historic District. Variances were granted to the side setback requirements from 15' to 7.5' to allow the residence to be constructed. The COA was approved with the condition that a 5 to 6 foot high white painted wood fence be installed along the south property line to screen the south elevation's sliding glass doors and duplex-like appearance from the street. However, the fence and landscape design were not approved with the initial COA. The design of the fence and landscape plan associated with the COA were reviewed by the Board at its meeting of June 4, 1997. The applicant proposed to install a vinyl trellis, approximately 115' in length, in place of the wood fence. The proposed fence consists of 4' x 8' white vinyl trellis panels with 4" x 4" wood Ci['y Commission Documentation Tula Taylor, Appeal Historic Preservation Action Page 2. posts on 8' centers and 2" x 4" mils top and bottom. The vinyl trellis panel is 4' high, the lower rail will be 1' above ground. The total fence height is 5" above ground; see diagram for explanation. The posts and rails will be painted white. The landscape plan presented for the Board's review had been superseded. Based upon failure to make positive findings to Section 4.5.1(E), Development Standards, the Board denied, 5-0, the fence and landscape plans associated with COA-292 for the following reasons: Landscape plans 1. The plants for the south side of the property, where the fence will be located, were not indicated on the plans. 2. The applicant stated that the landscape plans which were before the Board had been revised. Therefore, the Board was in the position of reviewing landscape plans which had been superseded. Fence 1. A condition of approval for the COA was that a 5 to 6 foot tall white painted wood fence was to be installed along the south property line from the front corner of the house to the rear property line. The purpose of the fence is to obscure the south elevation's sliding glass doors and duplex-like appearance which, because of the nature of the lot, is visible from the street. The proposed trellis is vinyl; a wood fence was specified in the condition of approval. The Design Guidelines state that "artificial and manufactured materials are always obtrusive and inappropriate in historic districts or sites." 2. The Board felt that the I foot gap between the ground and the fence was inappropriate for a fence and that it would be impossible to insure that proper landscaping to fill in the gap would be maintained. 3. Board Chairman, Architect, John Vaughan, stated that as designed the fence was not structurally sound. (This has proved to be true. When the applicant submitted the plans to the Building Department it was found that fence posts would be needed at 4' intervals, as opposed to the proposed 8' span. This not only affects the design of the fence but doubles the number of fence posts required). 4. A trellis should not be substituted for a fence as each is intended to serve an entirely different function. Because of the length of the fence, approximately City Commission Documentation Tula Taylor, Appeal Historic Preservation Action Page 3 5. 115', the insubstantial and impermanent appearance of the trellis is inappropriate and negatively impacts the streetscape and the neighborhood. 6. The Board felt that it would be setting a precedent to approve vinyl fencing within historic districts. 7. The applicant stated that she had purchased the material to build the fence because the design had been previously approved. This is not the case. The findings from the November 20, 1996 meeting, when the COA was approved with the fence as a condition, clearly state that the applicant will return to the Board with conforming landscape plans, plot plan and elevations for the required fencing. A copy of the findings were mailed to the applicant shortly after the meeting. Commission's discretion. Attachments: · Fence diagram · Letter of Appeal ' !I-D',]E I t · ~ ', lI~-:7--'" I I ~' ~ ,., .... , , . ... .. .~, I .... ~ I ' : I'i[,"~' ; I j I I I I I I I I I · ~ ' I IXL-:'i;~ "" ' k ~' i , ...... '"~: It:'v ' ' iil~ .(1~ ~~'; ..- J J. I i iii ~ ~ ,"-', ,....~ ' ..,'" ~' '[ ~r~'~.~,~'~ '~ _ I I J-.,t'N''z III ~ )~ ~I~A ~ I I I I I ,,,,~¢i~l~'~'~ ~,. , , , , , '. : I I b.' I iii ~ ~ ~ ~ '"'~ '"~ ~ ~, ~ '~,' '. < ~ .~ . 1 ,.~, ~,,. ,,,~, ~ (l~ /~. ,'~ "~"~ '"l~ ~ '~ ~¢~ ' L~~ . lilt~. ~ I ,,... ,-, ,.... ~ . ; + -., . il , ,--5~- , , i 2~ ., ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: ~,~ Robert A. Barcinski Assistant City Manager DATE: June 10,1997 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING [LINE 17~ 1997 SPECIAL EVENT REQUEST - ART AND JAZZ ON THE AVENUE ACTION: City Commission is requested to endorse the Art and Jazz on the Avenue event scheduled for July 3, 1997, 5:00 p.m. to midnight, to grant a temporary use permit per LDR's section 2.4.6(H) for use of City property and right of way (Atlantic Avenue- Swinton Avenue to N.E./S,E. 7th Avenue and Palm Square/Atlantic to Buschs parking lot), and to provide City staff support for barricade set up and removal trash removal and clean up, police security and traffic control, stage use, set up, and removal, and banner and signage set up and removal. BACKGROUND: Art and Jazz on the Avenue has become a very successful marketing tool that promotes the City. Over 25,000 people will attend this event. Many come to our City for the first time, spend money in our stores, and return many times after the event to spend money in our shops and invest in our City. We have supported this event in the past without any charges to the Joint Venture. We recommend that we continue not charging for this event. Staff support needed to staff the event is as follows: Police Department Security and traffic control Overtime 96 hours Estimate cost $3,070.00 Volunteer time 30 hours Estimate cost $0 Parks and Recreation Stage set up and removal trash can set up, trash removal and clean up. Regular time 30 hours Estimate cost $460.00 Overtime 24 hours Estimate cost $555.00 Stage Rental Cost $1500.00 Total $2515.00 Public Works Department Barricade set up, removal, sign and banner set up and removal, electrical set up and removal, and street sweeping. Regular time 48 hours Estimate cost $740.00 Overtime 43 hours Estimate cost $995.00 Barricade Rental Estimate cost $175.00 Total $1910.00 Estimated total cost for overtime $4,620.00 Estimated total cost for the event $7,495.00 Stage rental costs and barricade rental costs are based on use of city equipment if we were charge for the use. The only time we have ever charged for barricade rental is if we have to rent additional barricades. ACTION: Staff recommends approval of the event, the temporary use permit and street closure, and staff assistance at no charge to the Joint Venture. RAB:tas File:u:sweeney/agenda Doc:art&jazz.703 ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: /~Robert A. Barcinski ,.fl~ Assistant City Manager DATE: June 13,1997 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING [LINE 17, 1997 SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE AVENUE ACTION: City Commission is requested to endorse the Summer Nights on the Avenue program, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right of way, and to provide City staff support for barricade set up and removal, trash removal and clean up, police security and traffic control staff use, and set up and removal and banner and signage set up and removal. BACKGROUND: Attached is a summary of the dates and locations for the Summer Nights on the Avenue events. This is the third year that these events are being proposed by the Joint Venture. The purpose of these events is to bring activity to the Avenue during the Summer months and to bring in additional customers for our businesses. In past years City Commission has agreed to fund overtime costs up to $5,000.00. Staff support needed to staff the events and estimated costs are as follows: Police Department Security and traffic control. Overtime 120 hours Estimated Cost $3,840.00 Parks and Recreation Trash removal and clean up and stage set up and removal. Regular time 8 hours Estimate cost $ 125.00 Overtime 96 hours Estimate cost $2215.00 Stage Rental Cost $1600.00 Total $3940.00 Public Works Department Barricade set up, removal, electric set up, street sweeping and banner set up and removal. Regular time 98 hours Estimate cost $1500.00 Overtime 146 hours Estimate cost $3375.00 Barricade Rental Estimate cost $ 385.00 Total $9430.00 Estimated total cost for overtime $ 9,430.00 Estimated total cost for the event $13,040.00 Due to the new development schedule police officers cannot be reassigned to these functions. RECOMMENDATION: Staff recommends approval of the event, granting the temporary use permit, and providing staff support with payment to the City for overtime costs exceeding $5,000.00. RAB:tas File:u:sweeney/agenda Doc:summngt~doc SUMMER NIGHTS ON THE AVENUE DATE LOCATION 07/11/97 Atlantic Avenue/Swinton to NE 1st Street (OSS block) 07/18/97 Atlantic Avenue/300 - 400 block 07/25/97 Atlantic Plaza 08/01/97 Atlantic Avenue/Venetian to Bronson 08/08/97 Atlantic Avenue/NE 2nd Avenue to SE 3rd Avenue 08/15/97 Tennis Center 08/22/97 NE 2nd Avenue/Atlantic Avenue to NE 1st Street 08/29/97 A-l-A/Atlantic Avenue to Mirmar £1T¥ OF i:IELRII',' BER£H Writer's Direct Line: (561) 243-7090 DELRAY BEACH AII.Amdca City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Nuveen Tournament Agreement This memo is a brief outline of the proposed agreement for the Nuveen Tournament between the City, Net Assets, and BJCE, Inc. The agreement is for a three year term with Net Assets having the management responsibility for a professional tournament to be held at the municipal tennis center. The first tournament will be held in February, 1998, and in 1999 and 2000. The Tournament consists of 12-16 players participating in singles and doubles matches and competing for substantial prize money. The toumament is scheduled to mn over a 5-day period. The City is agreeing to contribute $100,000.00 and provide all the facilities for the event, including the Tennis Stadium, locker facilities, areas for volunteers, use of the community center, office space, and a ticket sales office at the tennis center. The tennis center, as it currently exists, is acceptable to Net Assets; however, the parties are agreeing that the City will install a clay court in the tennis stadium. BJCE, Inc., the company that is currently managing the City's tennis center, will act as the City's agent under this agreement, and will be responsible for monitoring the City's and Net Assets' performance under the agreement. Net Assets is responsible for the management of the event, as well as ticket sales, public relations, marketing, television production and distribution, and arranging for food concessions. Net Assets, along with BJCE, will select organizations which will receive charitable benefits from the event, and schedule tennis clinics and a pro-am tournament in conjunction with the Tournament. Net Assets is also required to provide appropriate insurance and security in the tennis center during the event. Under the terms of the agreement, in return for its investment, the City will be entitled to 35% of the net profits from each event which includes concession sales. The City has the City Commission June 16, 1997 Page 2 right to audit Net Assets' records, and BJCE has the right to approve the budget for the event which will include all revenues from ticket sales, grants and sponsorships, and expenses covering office expenses, marketing expenses, promotional materials, a management fee, costs for volunteers and officials, and other approved expenses. If the event is televised, the City will also be entitled to a sixty-second promotional spot on each broadcast. The City will also be provided two pages in the event program as well as signage in the Tennis Stadium. The agreement may be cancelled by Net Assets if they are unable to obtain a tournament sponsor by November 1, 1997. In the event of cancellation, the City will obtain a full refund of all money given to Net Assets. In the two remaining years of the agreement, Net Assets will have until October 1st to obtain a sponsor. If Net Assets fails to obtain a sponsor for the 1999 or 2000 tournaments, the City will also be entitled to a refund for money given during those years. Pursuant to the agreement, the City's first scheduled payment for the 1998 tournament is $25,000.00, which is due on or before June 30, 1997. The City has the right to cancel the agreement in the event Net Assets fails to cure any default occurring during the term of the agreement. If you have any questions concerning the agreement, please call. DNT:smk cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Sharon Morgan, City Clerk's Office Brahm Dubin, BJCE, Inc. Brett Weinroth, Nuveen Tour PROMOTIONAL SPONSORSHIP/SITE AGREEMENT BETWEEN NET ASSETS, BJCE TENNIS, INC., AND THE CITY OF DELRAY BEACH THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF DELRAY BEACH, FLORIDA, ("City") a Florida municipal corporation, NET ASSETS ("Net Assets") an Illinois corporation, and BJCE, INC., ("BJCE"), a Florida corporation. WITNESSETH: WHEREAS, NET ASSETS desires to promote a professional tennis tournament referred as the "Sponsor" Champions ("Tournament") to be held at the Delray Beach Municipal Tennis Center; and WItEREAS, the CITY is desirous of having the tennis tournament take place at the Delray Beach Municipal Tennis Center; and WHEREAS, the tournament is part of the Professional Nuveen Tour which is a series of professional tournaments for individuals 35 and over. The tournament is played over a five to six day period. The tournament consists of 12-16 players participating in singles and doubles matches and competing for substantial prize money; and WHEREAS, the Nuveen Tour is the United States portion of a unified, worldwide champion circuit that also includes the ATP Senior Tour of Champions in Europe, and the Champions Tour outside of the United States and Europe. This tournament and the entire circuit are sanctioned by the ATP Tour; and WHEREAS, the Delray Beach Municipal Tennis Center ("Tennis Center") is a full service tennis facility with 8,200 permanent seat stadium court which will be a clay court. The Tennis Center has fourteen clay courts, five cushion courts, and f'n'st class amenities. The Tennis Center has hosted numerous tennis tournaments throughout the years, including the USTA Satellite Events and the Virginia Slims of Florida Legends Event, and WHEREAS, the CITY f'mds that BJCE, as the current management company for the Tennis Center, is the appropriate entity to act as the CITY'S agent with respect to this agreement; and WHEREAS, it is the intent of both the CITY, BJCE and NET ASSETS that NET ASSETS will stage a professional Nuveen Tour tennis tournament annually at the Tennis Center during the term of this Agreement. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: Article 1 Grant of License 1.01. TERM. The CITY hereby grants to BJCE and NET ASSETS the exclusive rights and privilege to use, manage and operate the Municipal Tennis Stadium and necessary surrounding property for a 5-day tournament commencing on a date in February, 1998 to be mutually agreed upon. The CITY also grants to BJCE and NET ASSETS a license to use the Tennis Center in 1999 and 2000 for the Nuveen Tour Tennis Tournament which will be held in similar time periods to be mutually agreed upon by the parties. This Agreement shall terminate sixty (60) days following the conclusion of the tennis tournament in the year 2000. 1.02. REPRESENTATION AND WARRANTY. Each party executing this Agreement represents and warrants that they are fully authorized and have the power to execute this Agreement on behalf of such parties. All parties further represent and warrant that they are presently and will continue to be duly authorized by law to represent the parties through this Agreement. Furthermore, both parties agree that BJCE shall be fully authorized to act as the CITY'S agent and represent the CITY and the Tennis Center with respect to all aspects of the tournament. 2 1.03. LICENSE AGREEMENT ONLY. This Agreement between the CITY, BJCE and NET ASSETS is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this license agreement does not grant nor is NET ASSETS receiving hereunder any rights to any real property of the CITY nor any property interest except as set forth in this agreement. 1.04. EVENT STRUCTURE. CITY and BJCE acknowledge that NET ASSETS owns and operates the Nuveen Tour and desires to stage a Nuveen Tour Event ("Event") in Delray Beach at the Delray Beach Tennis Center. NET ASSETS shall be responsible for the management and operations of the Event and is the financial risk taker for the Event. However, for the purposes of this Agreement, items outlined in Paragraph 3.01 C and 3.01 D that require payment will be charged as an expense of the Event. NET ASSETS acknowledges that CITY will receive a percentage of the Event's net profits as outlined in Paragraph 3.01 (B). 1.05. FACILITIES PROVIDED BY CITY. The facilities (hereinafter referred to as the Tennis Center) to be provided by CITY and subject to this license at no cost to the Event, unless otherwise specified, include the following: A. A Tennis Stadium and court with a minimum of 4,000 seats, which includes up to 300 four-seat court-side boxes and space for a minimum of 2 sky-boxes to hold 40 persons each for a standard Nuveen Tour Event. NET ASSETS has toured the Tennis Center and acknowledges that no further changes are required to be made to the Tennis Center with respect to providing box seats and sky-boxes, other than tents and awnings which will be installed at the expense of the Event. B. Adequate color corrected lighting for a professional tournament and television needs. A minimum of 135 candle power evenly distributed on the stadium court. 3 C. T.V. tower and platform for a 5-camera production and adequate electricity for broadcast production. D. Public address system. E. Net, net posts, single sticks, umpire chair, linesperson chairs, two skirted tables for stadium court. Structure in stadium to hold end court and side court signage. End court barrier should be 5-feet high and side court should be 3-feet high. Side court should be determined based on sight lines, standard Nuveen tour banners, and electric scoreboard height and width. F. Clearly numbered seating. G. Dividers for box seats. II. Sufficient parking for VIP box holders, players, sponsors, ticketholders and volunteers. (Approximately 3,000 parking spaces within a reasonable walking distance of the Stadium, including at least 50 VIP parking spots for players, officials and Event staff 500 parking spots for VIP box holders and sponsors, 75 parking spots for volunteers, and the remainder for reserved ticket patrons). I. Electrical power sufficient for television truck, area lighting, including parking, tent village, hospitality, and concessions. The Event shall be responsible for the cost of all electrical usage during the Event as reported by Florida Power & Light. ~I. Adequate space for tent village, food, and beverage concessions, merchandise sales and other vendors, based on the tent village specifications submitted by NET ASSETS and approved by BJCE. K. Restroom facilities for the general public and VIP's. L. Use of the Tennis Center's professionally maintained clay courts for practice, clinics, a pro-am tournament, and sponsors during the tournament. Additional use by NET ASSETS' staff during the year will be allowed upon BJCE'S approval. M. Use of the gynmasium and the conference room in the Community Center adjacent to the Temxis Center for use by press, radio and television representatives and/or as a hospitality area for sponsors and VIP's. 4 N. Locker rooms and players lounge providing adequate shower and relaxation areas for the players before and after matches, which locker room and lounge will include sufficient lighting and air conditioning. In addition, an area will be designated for volunteers and officials. O. Necessary signage to direct the general public to the facility. This shall include directional signage for traffic with name and logo of the title sponsor included. Also, on-site directional signage for parking, restrooms, stadium tents and hospitality shall be provided. P. A secure ticket sales office at the main entrance to the facility. This shall be either a 20' x 20' tent or trailer with tables, skirting and chairs for information and a ticket office. Q. An air-conditioned tournament office space of at least 750 square feet pre-wired for telephone fax and electricity at least seven (7) months prior to the Event for tournament staff. CITY will use its best efforts to provide desks, chairs, file cabinets, telephones and fax machines. R. Golf tee times and carts at the Delray Beach Golf Club for professional tennis players and selected sponsors. S. Recruit and manage the ballperson program in association with NET ASSETS. T. One CITY electrician on site at NET ASSETS' request for the tournament at NET ASSETS expense. U. Teaching professionals to assist with the organization of clinics and the Pro Am. V. CITY shall provide a professionally maintained clay surface in the stadium court. W. Obtain all necessary permits excluding alcoholic beverage license. NET ASSETS acknowledges that the Tennis Center as it currently exists meets NET ASSETS' requirements. No new landscaping is required to be installed around the stadium in the adjacent village area. 5 1.06. MARKETING SUPPORT. A. BJCE will assist NET ASSETS at no cost to the Event in promoting the tournament by using its marketing resources which may include advertising, newsletters to tennis center members, brochures, and other print media. B. BJCE will maximize the promotion of the tournament with marketing and sponsorship support from the Florida Coca-Cola Bottling Company as part of its exclusive pouring rights agreement with the CITY. (See Exhibit "A' attached hereto). C. The CITY will have the right to use the tournament name and logo, including photographs for the purpose of promoting its association with the tournament. All such materials must be preapproved in writing by NET ASSETS. Such approval will not be unreasonably withheld. The CITY may not use photographs, biographies, or any tournament material in any way which could be interpreted as an endorsement of the Tennis Center or CITY by a tournament participant. 1.07. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY nor any of its officers, agents or employees shall be liable in any manner to NET ASSETS or its officers, agents or employees for any damages which may be sustained by NET ASSETS through the exercise of this right by CITY. ARTICLE 2 NET ASSETS' Responsibilities and Obligations 2.01 ORGANIZATION. 6 )ION 1'4:11 FAX 4O7 278 47~ i)EL BCH CTY ATTY -~-,-~ CITY HALL The CITY and BJCE acknowledge that NET ASSETS owns and operates the Nuveen Tour. NET ASSETS shall retain full control over the presentation, structure, staffing, quality and all other elements of the tournament other than those items specified in this Agreement as the CITY'S or BJCE'S responsibility. NET ASSETS acknowledges that it is the financial risk taker for the tournament and shall be responsible for all losses. NET ASSETS is responsible for the following elements which shall be included as an expense of the Event: A. Turn-key management of the tournament. B. Securing the professional players to play in the tournament_ C. Developing and implementing the Marketing Plan, includi~g but not limited to the following: 1. Advertising (Print and Electronic) 5. Merchandising 2. Promotional Materials 6. Licensing 3. Direct Mail 4. Telemarketing D. Contracting with the umpires and linespeople. E. Scheduling of matches. F. Soliciting sponsors both on a national and local basis. G. Development of the Hospitality Program. H. Ticket sales. I. Development of a Volunteer Progran~. J. Selecting charities in association with BJCE'S input. K_ Television production and distribution. L. Public relations. M_ License merchandise sales. N. Medical services. O. Box office. P. Tennis clinics and Pro Am schedule with BJCE'S approval. Q. All other elements requix'ed to present a first class professional Event. R. Professionally managed food concessions, caterh~g and VIP entertaining, subject to Section 2.03 of this Agreement. 2.02. NET ASSETS' RESPONSIBILITIES. As the organizer for the Event, NET ASSETS will provide the following during the term of this Agreement: 7 A. Promotional Materials. NET ASSETS shall feature the Tennis Center as the tournament site on all promotional materials, including ticket brochures, letterhead, posters, tickets, parking vouchers, and appropriate invitations. B. Advertising. The CITY will be included in all advertising, including direct mail, radio, fliers, newspapers, television, posters, outdoor, point of purchase items, and magazines. C. Press Materials. The CITY will be featured in all press materials, including press releases throughout the year, magazines, print articles, and the Tour Media Guide (if published). D. Event Pro_re'am. The CITY will receive two full pages in the official tournament souvenir program. The CITY can use these pages for editorial and/or advertising. BJCE is responsible for providing camera ready artwork, including separations to NET ASSETS by the required due date. E. Television Exposure. If televised, the CITY will be featured on a 2-4 hour national cable broadcast as the host of the tournament, be featured in beauty shots, and receive several announcements and graphic displays. BJCE can provide video footage in the proper format of the stadium facility and surrounding area to be included in the broadcast. In addition, NET ASSETS shall use its best efforts to ensure that a minimum of sixty (60) seconds of each and every broadcast is devoted to a promotional presentation of the City of Delray Beach. It shall be the CITY'S and BJCE'S obligation to provide the promotional video. F. Tickets. The CITY will receive eight (8) box seats and up to twenty-four (24) reserved tickets per session for its use. These tickets will not be sold or distributed in any method that is competitive with the Event ticket sales. G. Member Benefits. The tennis center members will receive special benefits including ticket offers and early purchasing privileges. H. On Court Signage. The CITY will receive two (2) banners on center court and one (1) banner on the stadium court area. These banners will be produced in the tournament colors and supplied prior to the tournament. These banners shall be approved by the City Manager or his designee. Such approval shall not be unreasonably withheld. I. Press Conference. A press conference will be held at the Tennis Center to announce the tournament and daily conferences and post match interview sessions will be held during the tournament. J. l)_Jt[}lit$~l~. The Tennis Center will have a space on-site for a display booth to promote its facility. The Tennis Center may also set up its Pro Shop and sell merchandise on site subject to NET ASSETS' reasonable approval. Such approval shall not be unreasonably withheld. K. P~ward Ceremony. NET ASSETS may request that The City of Delray Beach Mayor or another appropriate City representative participate in the tournament award ceremony, as well as all other tournament ceremonies including press conferences and other functions. NET ASSETS shall provide BJCE with one (1) week's notice with respect to any request for the Mayor or other appropriate CITY representative to make an appearance in conjunction with the tournament. L. Event Committees. The Tennis Center members will have the opportunity to participate in the following tournament committees: 1. Ushers and Ticket Takers 4. Transportation/Player Services 2. Tournament Office Workers 5. Hospitality/Village Activity 3. Assistance in the Press Area 6. Ballpersons 2.03. CONCESSION RIGHTS OF NET ASSETS. NET ASSETS may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service. With prior approval from the CITY, NET ASSETS may provide temporary structures for the sale of concession items as an expense of the Event. In providing the concession service, NET ASSETS or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that NET ASSETS shall remain ultimately responsible to CITY for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. Ail food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the BJCE shall cause undue litter. d. Concessionaire shall have the option to sell beer and wine at the Tennis Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. The CITY acknowledges that a license for the sale of beer and wine may be obtained from the State of Florida Division of Alcohol, Beverage & Tobacco. e. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fLxtures and equipment to BJCE for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or afl.ged to a building or structure or which appears to be so afl.~xed or annexed, regardless of whether it is capable of being removed. f. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. g. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or BJCE, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so 10 by BJCE. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. h. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. i. If the concession is operated by a person, f'lrm or corporation other than NET ASSETS, such person, fin'm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY and BJCE, its officers, agents and employees as additional insured. 2.04. REPAIR, REPLACEMENT AND MAINTENANCE. NET ASSETS shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Tennis Center to a condition equal to the condition at the time NET ASSETS occupies the Tennis Center. NET ASSETS shall be responsible for clean-up of the Tennis Center during and after the Tournament. If at any time BJCE determines that the clean-up services provided by NET ASSETS are not adequate or that said services endanger public health and safety, BJCE shall 11 provide these services. NET ASSETS shall reimburse BJCE for the costs of providing these services and for the actual costs of any supplies with the Event's prior approval. 2.05. NET ASSETS shall provide BJCE with proof of insurance being in force. NET ASSETS agrees to carry full insurance coverage for the Nuveen Tour Event and all other activities connected with this Agreement and the types and at the minimum mounts listed below: Comprehensive General Liability including: Broad Form Contractual, Automotive, Personal Injury, Advertising Liability, Spectators Liability; $1,000,000 combined single limit per occurrence, Employer's Liability; $1,000,000 per occurrence; Workers' Compensation Insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement; Liquor Liability Insurance with limits of at least One Million ($1,000,000.00) Dollars; Fire Legal Liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the City's Risk Manager. BJCE and CITY, its officers, agents and employees shall be named as an additional insured on the policies. 2.06. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, NET ASSETS or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Tennis Center for the tournament. NET ASSETS shall display said license in a conspicuous place at the Tennis Center of the sale and/or distribution of the alcoholic beverages. NET ASSETS shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. NET ASSETS shall strictly comply with 12 11~6, 16 ~97 MON 14:11 FAX 4O7 278 4755 DEL BCH CTY ATTY -~-~-, CITY HALL [~003 all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. ARTICLE 3 Pawnents, Costs and Expenses 3.01. FINANCIAL RESPONSIBILLTY. A. The CITY agrees to contribute One Hundred Thousand Dollars ($I00,000) per year for the term of this Agreement in order to support the tournament. Payment of these fees will be made according the following schedule: 1. 1998 Tournament - $25,000 to be paid by lune 30, 1997. The City shall then make a $25,000 payment at least sixty (60) days prior to the tournament. A tlfird payment of $50,000 shall be made at least fifteen (15) days prior to the tournament. 2. ;[999 and 2000 Tournaments - For the years of 1999 and 2000 tournament, the CITY shall make a $25,000 payment by June 1st of the year preceding the tournament. A second payment of $25,000 shall be paid no later than September 30th of the year preceding the tournament. A final payment of $50,000 shall be made at least forty-five (45) days prior to the Event. B. CITY will receive thirty-five percent (35%) of net profits, as defined herein from each tournament. The parties agree that a full and complete settlement of the finances for each tournament will occm' no later than ninety (90) days after the last day of each tournament under the terms of this Agreement. C. Net profits for purpose of this agreement shall be defined as follows: Gross revenues from sponsorships, grants, tickets and net concession sales, less advertising and marketing costs, ticket costs, appropriate management fee, electricity cost, player compensation and prize money, office expenses, security costs, insurance costs, clean-up costs, and any other expense which the parties agree upon in conjunction with the budget agreed to by tile parties. 13 D. NET ASSETS shall provide a budget covering anticipated revenues, costs, and expenses for BJCE'S approval one hundred twenty (120) days prior to the Event each year. NET ASSETS agrees to use its best efforts to limit costs and expenses for the Event. 3.02. ACCOUNTING AND RIGHT TO AUDIT. NET ASSETS shall provide a complete accounting of all tournament revenues in accordance with generally accepted accounting principals in conjunction with the tournament when payment is tendered to the CITY. CITY and BJCE shall have the right to audit and review NET ASSETS' financial records. 3.03. TAXES. NET ASSETS shall be liable for any and all taxes which are or may be imposed as a result of this Agreement. Taxes shall be paid to the appropriate authority and including, but not limited to sales and use tax. 3.04. OTHER SERVICES AND SUPPLIES. NET ASSETS further agrees that all services and supplies not specifically identified herein shall be provided by or through NET ASSETS at its sole cost and expense. 3.05. POLICE AND EMERGENCY PERSONNEL. NET ASSETS agrees to make arrangements with the CITY Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for security at the Tennis Center during the tournament. The officers shall be paid at the prevailing off-duty detail hourly rate in effect at the time of the tournament. The cost of the security shall be charged as an expense of the Event. NET ASSETS shall, at least thirty (30) days prior to the tournament, consult with the Chief of Police or his designee to determine the proper scheduling of security for the tournament. Also, NET ASSETS shall contact the CITY Fire Department to make arrangements for emergency medical technician personnel to be present at the tournament at NET ASSETS expense. 14 3.06. TICKETS FOR ADMISSION. All tickets for admission shall contain language approved by CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, NET ASSETS shall provide BJCE with the established selling price of each type and kind of ticket for their review and approval. Said approval shall not be unreasonably withheld. 3.07. PRODUCT SPONSORSHIP. BJCE will agree to sell appropriate sponsor products at concessions and use such products during catered functions during the tournament. All parties agree to make their best efforts to secure complimentary products to assist in reducing the CITY'S cost during the tournament. ARTICLE 4 Termination and Default 4.01 CANCELLATION. All parties agree that NET ASSETS has the option to terminate this Agreement and not hold an event if a Title Sponsor is not secured for the 1998 Event by November 1, 1997 and by October 1 preceding the Event in future years of this Agreement. 4.02. TERMINATION. A. Termination of this Agreement for any reason provided herein shall not relieve either party from its obligation to perform such obligation up to the effective date of such termination or to perform such obligations as may survive termination. B. If, in any year of this Agreement NET ASSETS does not stage the Event for any reason, with the exception of force ma_ieure, CITY shall receive a full refund of all monies paid up to the point of cancellation. C. The occurrence of any of the following shall cause this Agreement to be automatically terminated: 1. Institution of proceedings in voluntary bankruptcy by NET ASSETS. 15 2. Institution of proceedings in involuntary bankruptcy against NET ASSETS if such proceedings lead to adjudication of bankruptcy and the NET ASSETS fails within ninety (90) days to have such adjudication reversed. D. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to NET ASSETS specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if NET ASSETS makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 4.03. DEFAULT BY NET ASSETS. A. The CITY may terminate this Agreement for cause upon NET ASSETS' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by NET ASSETS within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. In the event CITY exercises the rights to terminate the agreement, NET ASSETS shall refund all monies paid by CITY up to point of cancellation. B. Notwithstanding anything to the contrary contained herein, this Section 4.03 shall not apply where NET ASSETS' failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes, NET ASSETS' inability to secure necessary governmental permits after a reasonable effort by NET ASSETS to so obtain said permits, or other causes beyond the reasonable control of NET ASSETS. 16 4.04. DEFAULT BY CITY. NET ASSETS may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement and such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and NET ASSETS' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from NET ASSETS. If the CITY fails to cure the default, CITY shall be responsible to NET ASSETS for any fees due arising out of NET ASSETS' existing contracts with the players scheduled to compete in the tournament. Notwithstanding anything to the contrary contained herein, this Section 4.04 shall not apply where CITY'S failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes, CITY'S inability to secure necessary governmental permits after a reasonable effort by CITY to so obtain said permits, or other causes beyond the reasonable control of CITY. Termination pursuant to this paragraph shall not effect any other rights which NET ASSETS may have, either at law or in equity, for damages or otherwise, resulting from such default and subsequent termination. 4.05. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the CITY: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 17 To NET ASSETS: 1320 18th Street, N.W. Suite 100 Washington, DC 20036 Attn.: Raymond S. Benton, Chairman To BJCE: Brahm Dubin, President 2000 Highland Avenue Delray Beach, Florida 33445 or to such other addresses as either party may designate in writing. ARTICLE 5 Miscellaneous Provisions 5.01. NON-DISCRIMINATION. A. That NET ASSETS for itself, its personal representatives, successors in interest, assigns subcontractors, and sublessees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participa- tion in, be denied the benefits of, or otherwise be subject to discrimination. 3. That NET ASSETS shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effecmation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 18 B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. NET ASSETS shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 5.02. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or re-negotiate with NET ASSETS such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and NET ASSETS are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 5.03. INDEMNIFICATION. In return for the payment of valuable consideration, the receipt of which is hereby acknowledged to the fullest extent permitted by laws and regulations, BJCE agrees to indemnify, save and hold the CITY and NET ASSETS, their officers, agents and employees, harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parlcing areas, pedestrian walkways, vehicular 19 paths and grassy areas, by NET ASSETS or its officers, agents, employees, o~ independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by NET ASSETS, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either NET ASSETS or any player, agent or employee of NET ASSETS: (c) the breach by NET ASSETS of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obliga- tion undertaken by NET ASSETS in this Agreement. NET ASSETS shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. BJCE agrees to defend all actions to which this Section applies, in the name of the CITY and/or NET ASSETS provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of BJCE under this indemnification agreement. Such indemnification shall not be limited to the amount of commercial general liability insurance which BJCE is required to obtain under this License Agreement. Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Section shall survive the execution, delivery and performance of this Agreement. 5.04. DESTRUCTION OF TOURNAMENT SITE. A. In the event said Tournament Site, or major part thereof, shall be destroyed or damaged by fu:e or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by NET ASSETS impossible, then the respective Event will be rescheduled for the earliest possible date. In the event of 20 rescheduling, all other terms and conditions of this agreement shall remain in full force and effect. B. Players are contracted to participate and will only be substituted due to injury or unforeseen circumstances. 5.05. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Tournament Site by NET ASSETS, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Tournament Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligence or misconduct. 5.06. INDEPENDENT CONTRACTOR STATUS. NET ASSETS and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a parmership, association or any other kind of joint undertaking or venture between the parties hereto. 5.07. COMPLIANCE WITH LAWS. NET ASSETS shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder or sublease/license any part of the stadium unless the written consent of the CITY be first obtained. Such consent shall not be unreasonably Withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be trans- ferable by operation of the law or by any process or proceeding of any court. In the event NET ASSETS contracts with a promoter for any activity associated with the Tournament, this agreement shall be incorporated into the promoter agreement and attached as an exhibit. 21 5.08. GOVERNING LAW AND VENUE. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 5.09. SEVERABILITY. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected thereby. 5.10. NO REPRESENTATIONS BY CITY. Neither the CITY nor the CITY'S officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. 5.11. BOND LIMITATIONS. It is recognized by NET ASSETS that the tennis stadium has been financed with proceeds of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. B. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the CITY, if any payment required to be made under the provisions of this Agreement to the CITY would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the CITY issued to finance or refinance the tennis center or 22 any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond counsel, would not have negative tax consequences. 5.12. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and sections headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. IN WTrNESS WI-IEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date ftrst above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Jay Alperin, Mayor City Clerk Approved as to Form: City Attorney 23 NET ASSETS/NUVEEN TOUR By: Raymond S. Benton, Chairman STATE OF (CORPORATE SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida BJCE. Inc. By: Brahm Dubin STATE OF (CORPORATE SEAL) COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the 24 corporation. He/She is personally known to me or has produced (type of identification) as idemification and did (did not) take an oath. Signature of Notary Public - State of Florida n~tass~t, agt 25 Memorandum DATE: June 13, 1997 TO: David T. Harden - City Manager FROM: Lula Butler o Director, Community Improvement ~//'~ RE: Resolution and Support Request for the 20th Annual Roots Cultural Festival ITEM BEFORE THE COMMISSION: Consider approval of Resolution No. 48-97 and support requests for the Roots Cultural Festival, Inc., in their efforts to sponsor the 20th Annual Roots Cultural Festival in the City of Delray Beach from July 18th through August 10th, 1997. BACKGROUND: The Festival committee has submitted, for your reference, their calendar of events under the theme, "It's Crystal Clear That Our Roots Are Important to Us - - Twenty Years and Still On Our Journey." Their annual budget for this year's festival is included with this transmittal. The committee has allocated $2,000 for security costs that was mistakenly not listed as an expenditure item under the budget. The committee is asking for a $2,000 donation from the City to be used for operating expenses; stage use, waiver of rental fee, permission for merchants along Atlantic Avenue to display the "ROOTS" flag and waiver of fees for the use of Pompey Park and other appropriate City facilities. Also requested is a 50% waiver of Police overtime for festival security and the support of Police, Parks and Recreation and other city staff, non-overtime hours, to support and carry out various activities associated with the festival. The Commission approved a $2,000 budget allocation for the Roots Festival under its Benevolent and Charitable Contributions list at a regular meeting. RECOMMENDATION: Staff is recommending City Commission approval of Resolution No. 48-97 and consideration of the related support requests for the 19th Annual Roots Cultural Festival. LB:DQ Rootsg7.CM RESOLUTION NO. 48-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR EFFORTS TO SPONSOR THE TWENTIETH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA, AND RECOGNIZING THE 20TH ANNIVERSARY OF THIS CULTURAL EVENT IN OUR CITY. WHEREAS, the Roots Cultural Festival, Inc. is sponsoring the 20th Annual Roots Cultural Festival in the City of Delray Beach from July 18 through August 10, 1997; and WHEREAS, the Roots Cultural Festival presents to the community, state and nation a view of the rich cultural heritage of the people of African ancestry in our city; and WHEREAS, this festival was originally conceived by the Jefferson Manor Homes Association in an effort to bring people together to develop pride, respect and appreciation for their community as well as the particular heritage which they bring to the city; and WHEREAS, the Roots Cultural Festival provides an opportunity for exciting experiences for all, reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry; and WHEREAS, 1997 marks the 20th Anniversary of the Roots Cultural Festival, and it is appropriate that this year's theme is "It's Crystal Clear That Our Roots Are Important To Us ... Twenty Years And Still On Our Journey". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. in their efforts to sponsor the twentieth annual "Roots Cultural Festival" in the City of Delray Beach. Section 2. That the City Commission hereby recognizes the 20th Anniversary of the Roots Cultural Festival, and commends its sponsors and supporters for holding this significant cultural event in the City of Delray Beach. PASSED AND ADOPTED in regular session on this the 17th day of June, 1997. - City ~le~ - 2 - Res. No. 48-97 ROOTS CULTURAL FESTIVAL P.O. Box 2654 Delray Beach, FL 33447 June t2, ~1997 The Honorable Jay Alperln, Mayor City of Delray Beach t00 NW First Street Delray Beach, Florida 33444 Dear Mayor Alperin: We are excited to announce the celebration of the 20th annual Roots Cultural Festival. It is expected that this year's event will be very successful. On behalf of the festival committee and the community, I would like to thank the city of Delray Beach for Its past support and participation. We also appreciate the annual resolution in honor of our efforts to bring positive cultural activities to the youth and other citizens of Delray Beach. We are again requesting that a resolution be granted by the city commission sanctioning the efforts of this organization through the support of the various municipal departments by worldng closely with the Police, Parks and Recreations, and other departments,~/e are certain that this event will bring a positive recognition to our city. The community enthusiastically looks forward to the festival each year. Through our statewlde contacts and national promotions we have helped cause the name of Delray Beach to become synonymous wtth summer cultural experiences. Attached, please find a copy of our schedule and support request list. We Invite you and the commissioners to some of the festivities which are planned for July ~J 8th through August 10th. Sincerely, Tommy Stevens, Chairperson cc: Commissioners City Manager SUPPORT LIST t. The City to donate $2,000.00 to go toward the operating expenses of the festival. 2. The City to pay 50% of the cost for festival security. 3.The City to waive the fee for the rental of the stage for Friday August 8th through Sunday August 10th. 4. The City to allow the merchants along Atlantic Avenue to display the Roots Flag. 5. The City to waive fees for the use of facilities and staff for all activities scheduled at Pompey Park and appropriate city facilities. ROOTS CULTURAL FESTIVAL ANNUAL BUDGET I.Revenue: City of Delray Beach $2,000.00 Golf Tournament $6,000.00 Tennis Tournament $5,000.00 Basketball Tournament $7,000.00 T-Shirts $4000.00 Concessions $7,000.00 Souvenir Book $4,000.00 Total i~evenue $35,000.00 II. Expenditures: Academic Contest Prizes $5,00000 Golf Tournament Expenses $3,000.00 Tennis Tournament Expenses $1,500.00 Basketball Tournament Expenses $3,000.00 T-Shirt Expenses $3,000.00 Concessions Expenses $1,400.00 Souvenir Book Expenses $2,000.00 Stage Entertainment $3,000.00 Insurance $2,000.00 Logistics $1,000.00 Sound System $5,000.00 Truck Rental $500.00 Trailer Rental $500.00 Prayer Breakfast $600.00 Coronation $500.00 Contingencies $1,000.00 Total Expenditures $35,000.00 ALL AMERICAN CITY ROOTS CULTURAL FESTIVAL, INC CALENDAR OF EVENTS THEME: "IT'S CRYSTAL CLEAR THAT OUR ROOTS ARE IMPORTANT TO US - TWENTY YEARS AND STILL ON OUR JOURNEY". SATURDAY, JULY 19, 6:00 P.M ........... SPLASH PARTY POMPEY PARK POOL DENNIS MURRAY 243-7356 (W) SUNDAY, JULY 20, 4:00 P.M ............. ROOTS DEDICATION SERVICES CHRIST MISSIONARY BAPTIST CHURCH 251S.W. 8TH ST. REV. MATTHEW MITCHELL JR. 278-4484 SUNDAY, JULY 20, 7:00 P.M ............. GOSPEL FEST POMPEY PARK GYMNASIUM SHELDON EDMONDS 272-5929 VALERIE KITCHENS 279-4979 WEDNESDAY, JULY 23, 7:00 P.M ........... YOUTH ON PARADE POMPEY PARK AUDITORIUM PEARL REED 276-8655 (W) 276-0949 (H) ANGELA WILLIAMS 496-0979 {~THURSDAY, JULY 24, 7:00 P.M ........... CORONATION/REUNION OF THE ROOTS ROYAL COURT POMPEY P~K AUDITORIUM JOUNICE HILL 272-7724 FRIDAY, JULY 25, 7:00 P.M ............. SPELLING BEE PRELIMINARIES DELTA-.SIGMA THETA SORORITY POMPEY PARK AUDITORIUM BRENDA DURDEN 498-7578 FRIDAY, JULY 18, 6:00 P.M ............. RACQUETBALL TOURNAMENT SATURDAY,JULY 19, 8:00 P.M. POMPEY PARK COURTS SUNDAY, JULY 20, 8:00 A.M. DENISE WILLINGHAM 278-5946 FRIDAY, JULY 25, 4:00 P.M ............. TENNIS TOURNAMENT SATURDAY, JULY 26, 8:00 A.M. DELRAY TENNIS CENTER SUNDAY, JULY 27, 8:00 A.M. DELRAY TENNI~ RESORT DENNIS MURRAY 243-7356 (W) DEXTON BETTY 279-8864 ~UNDAY, JULY 27, 7:00 A.M ............. GOLF TOURNAMENT DELRAY MUNICIPAL GOLF COURSE COMM. DAVID RANDOLPH 278-7148 SUNDAY, JULY 27, 7:00 P.M ............. ORATORICAL CONTEST ST. PAUL BAPTIST CHURCH 46 S.W. 10TH AVE ZETA PHI BETA SORORITY MA/{ILYN HARDEN 736-0442 MONDAY, JULY 28, 7:00 P.M ............. ALPHA KAPPA ALPHA ESSAY & DELTA SIGMA THETA SPELLING BEE CONTESTS POMPEY PARK AUDITORIUM ANN WILLIAMS/ESSAY 276-7382 BRENDA DURDEN/SPELLING BEE TUESDAY, JULY 29, 7:00 P.M ............ A. PEARL JACKSON MEMORIAL MATH CONTEST ALPHA KAPPA ALPHA SORORITY LATOYA GIBSON 732-3628 WEDNESDAY, JULY 30, 6:30 P.M .......... BUSINESS WORKSHOP OSTED MCFARLANE 272-4863 FRIDAY, AUGUST 1, 6:30 P.M ............ BASKETBALL TOURNAMENT SATURDAY, AUGUST 2, 8:00 A.M. POMPEY PARK GYM SUNDAY, AUGUST 3, 8:00 A.M. .COMMUNITY CENTER GYM FREDDIE GRICE 276-9421(H) 533-7377 (W) 885-3962 (P) DENNIS MURRAY 243-7356 (W) SATURDAY, AUGUST 2, 8:00 A.M .......... DEDICATION OF LITTLE LEAGUE FIELD IN HONOR OF EDDIE AND YVONNE ODOM JOE WELDON 243-7251 COMM. DAVID RANDOLPH 278-7148 SATURDAY, AUGUST 2, 8:00 A.M .......... SOFTBALL TOURNAMENT SUNDAY, AUGUST 3, 8:00 A.M. POMPEY PARK BALL FIELD ANDREA BRUTON (305)652-5329 278-4748 SATURDAY, AUGUST 2, 12:00,2:00,4:00,&6:00 P.M..ADULT BOWLING BOYNTON FAIR LANES WILLIE MCGRIFF 272-7049 WEDNESDAY, AUGUST 6, 7:30 P.M ......... DRAMA PRESENTATION POMPEY P.ARK ZETA PHI BETA SORORITY JOUNIC[ HILL 272-7724 FRIDAY, AUGUST 8, 6:00 P.M. LINE-UP...FESTIVAL PARADE 7:00 P.M. PARADE .... CITY HALL LAWRENCE STRIANGE 278-4136 FRIDAY, AUGUST 8, 8:30 P.M ............ FLAG RAISING CEREMONY "JAZZIN IN THE PARK" POMPEY PARK FIELD SATURDAY, AUGUST 9, 8:00 P.M .......... PRAYER BREAKFAST POMPEY PARK AUDITORIUM JOUNICE HILL 272-7724 ELIZABETH WESLEY 278-1013 SANDRA WEATHERSPOON 278-7409 BETTE WILSON 278-2573 DARCIA LEWIS 272-7724 SATURDAY, AUGUST 9, 12:00 - 6:00 P.M..CRICKET EXHIBITION POMPEY PARK FIELD WILFRED MORRIS 278-5794 276-9317 (W) HAZEL MCFARLANE 272-4863 SATURDAY, AUGUST 9, 7:30 A.M .......... HEALTH FAIR POMPEY PARK ALPHA KAPPA ALPHA SORORITY MARY RANDOLPH 278-7148 SATURDAY, AUGUST 9, 1!:30 A.M ......... ANNUAL MEETING ALL INTERESTED PEOPLE WELCOMED POMPEY PARK AUDITORIUM SATURDAY, AUGUST 9, 11:30 A.M ......... YOUTH EXPLOSION POMPEY PARK AUDITORIUM MARY RANDOLPH 278-7148 MYRA JULIAN 637-8201 SATURDAY, AUGUST 9, 3:00 - 11:00 P.M..FESTIVAL IN THE PARK POMPEY PARK FIELD ELIZABETH WESLEY 278-1013 TOMMY STEVENS 930-8402 EXT. 48254 374-6872 (P) CLAYTON BELL 278-2782 SHIRLEY BRYANT 276-8655 (W) 272-3969 (H) EUNDAY, AUGUST 10, 2:00 - 8:00 P.M .... GOSPEL IN THE PARK POMPEY PARK FIELD ELIZABETH WESLEY 278-1013 SHIRLEY BYRANT 276-8655 (W) JENNIE'THOMAS 276-8721 (W) CLAYTON BELL 278-2782 HOWARD SEARCY 471-4221 FOR INFORMATION CONCERNING THE SCHEDULED EVENTS, PLEASE CALL: POMPEY PARK ........................... 243-7356 TOMMY STEVENS ......................... 930-8402 (WORK) EXT. 48254 SHIRLEY BRYANT ........................ 276-8655 (WORK) 272-3969 CONCESSIONS(BOOTH SPACE):JENNIE THOMAS.276-8721(WORK) SHIRLEY PLUMMER ....................... 278-1680 276-3027 (WORK) SOUVENIR BOOKLET:CLAYTON BELL ......... 278-2782 T-SHIRTS:JOUNICE HILL ................. 272-7724 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ll SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 17, 1997 CRA AND TED CENTER APPLICATION FOR ECONOMIC DEVELOPMENT ADMINISTRATION GRANT DATE: JUNE 13, 1997 During the CRA's presentation at the June 10th workshop, Chris Brown touched on the TED Center Business Incubator expansion program as a special project. The CRA and the TED Center have formally invited the City to join them as a co-applicant for grant funding under the U.S. Department of Commerce - Economic Development Administration's (EDA) Title I Public Works Program. If approved, the funding would be used to construct a small business incubator building on West Atlantic Avenue for use by the TED Center. There are several issues and questions related to this proposal which are outlined in the attached memoranda from Mrs. Butler and me. The CP~A Director will be present at Tuesday's meeting to discuss these matters. ref:agmemol0 Date: Jun~ 13, 1 ~97 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X__ Regular __ Special __ Workshop __ Consent When: June 17, 1997 Description of Agenda Item: Co-Applicant with the CRA and TED Center for Funding Through U.S. Dept of Commerce Economic Development Administration Title 1 Public Works Program Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~~~-~ r.5~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda~ No Hold Until: ~'l Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 MEMORANDUM TO: City Commission FROM: David T. Harden, City Manager~'~'~ SUBJECT: CRA and TED Center Application for Economic Development Administration Grant DATE: June 13, 1997 First, I must say that the concept of expanding the Business Incubator program at TED Center is an exciting one. The Business Incubator has great potential for increasing employment and business opportunities in our City. I do have a number of questions, however, about the attached proposal. I have informed the CRA Director about my questions and I expect that he will be prepared to comment on them at the Commission meeting on Tuesday. 1. The TED Center is just now moving into expanded facilities. The facility proposed would increase the floor space occupied by the TED Center more than fourfold, from 2,400 square feet, to at least 10,000 square feet. I am concerned about whether the TED Center has the organizational and institutional capacity to expand that much so rapidly and still be effective. 2. The Pro Forma for the Ted Center for years 1, 2 and 3 shows most of their revenues being generated by their housing program. The housing program for the three year Pro Forma is based on receiving developer fees for development of 120 single family and 75 multi-family units. The City staff is concerned about the number of Iow income single family units which we could end up having in the City if we continue constructing new units at this pace. We are also concerned because the TED Center has not yet been involved in multi-family housing and City policy discourages additional Iow income multi-family housing in the City. The Pro Forma shows a three year net deficit of $41,536. That is without considering $97,200 in equipment cost for which the TED Center hopes to receive grants. If the TED Center is unable to develop the projected 195 housing units, their deficit would be much greater. 3. The site plan included in the application shows that the parking for this building will be on property which is currently committed to Palm Beach County for Courthouse parking. I have previously expressed my concern about this issue to the City Commission. 4. City Staff questions whether this project should not be further west on Atlantic Avenue. If this project is developed at the proposed location, the adjacent Quik Stop property will be a relatively small property. So, not only is this project proposing to use land for parking which is not really available, it creates a remainder piece which may be smaller than the most desirable size for redevelopment. In addition, it would seem that the Atlantic Avenue frontage this close to the Courthouse might be better used for private development than additional buildings for non-profit and government agencies. It might even be more appropriate to place the TED Center's offices in the commercially zoned area along N.VV. 5th Avenue. 5. I have no problem in recommending that we fund the utility improvement which would be necessary to support this building. The beautification costs and utility connection fees, however, would have to be funded out of the general fund. Therefore, this proposal represents a request for the City to commit $70,000 in general fund monies in support of this project. I question the appropriateness of committing general fund dollars for a project of this nature, within the Community Redevelopment District. If, after discussing these issues with representatives of the Community Redevelopment Agency and the TED Center, the majority of the Commission is satisfied with becoming a co-applicant for this proposal, then you should approve the City becoming a co- applicant. If the Commission is unable to satisfactorily resolve these questions, then I recommend that we not be a co-applicant and encourage the CRA to refine their proposal further and reapply for the next round of funding. DTH: kwg File:u:graham/ccomm Doc.:CRATED.001 MEMORANDUM DATE: June 13, 1997 TO: David Harden, City Manager , ~/,) FROM: Lula Butler, Director, Community Improvement RE: Consideration of the City as Co-Applicant with the CRA and TED Center for Funding through U.S. Department of Commerce Economic Development Administration Title I Public Works Program ITEM BEFORE THE COMMISSION: Consideration of the request from the CRA to have the City as Co-Applicant for funding under the U.S. Department of Commerce, Economic Development Administration's (EDA) Title I Public Works Program. The application will request funding in the amount of $800,000 for the construction of a new business incubator building for the Center for Technology, Enterprise and Development, Inc. (TED Center). BACKGROUND: The CRA and TED Center jointly submitted a project pre-application to the EDA in April, 1997. The City received a formal request from The Department of Commerce to co-apply with the CRA and TED Center for funding of their proposed $1.6 million dollar 15,000 square foot, 2 story building. The building will replace the existing Discount Auto Store located at 104 West Atlantic Avenue. The existing space occupied by TED Center was renovated with CDBG funds. The agency understands its responsibility to sublease the space to an existing incubator business to meet the required (5) five-year commitment or repay a pro-rated share for unused eligible dollars. The CRA has represented that the City as co-applicant for funding from EDA will have no fiscal, administrative or reporting responsibility. The City is asked to provide assistance with the infrastructure improvements, which is defined as upgrades of existing water lines and retrofit to the existing sewer line. The City's contribution is estimated at $100,000 and the actual expenditures may not occur prior to the third quarter of 1999. Their letter communicating these facts is attached for your reference. Staff is not familiar with the Federal requirements under the U.S. Department of Commerce Economic Development Administration Title I Public Works Program. Any questions related to specific requirements or the City's commitment as co-applicant should be addressed to the CRA and its agent. Questions related to the project financial feasibility, location or other specific concerns should also be addressed directly to the CRA. RECOMMENDATION: Staff is recommending approval of the CPA's request to have the City as co-applicant to its funding request under EDA's Title I Public Works Program providing all issues and/or concerns of the City Commission are addressed. LB:DQ EDA.DOC(Ib) U.S. DEPARTMENT OF COMMERCE Economic Development Administration Atlanta Regional Office Suite 1820 401 West Peachtree Street, N. W. MAY 2 $ 1997 Atlanta, Georgia 30308-3510 In reply refer to: EDA Project No. AFL 0494 City of Delray Beach City Hall 100 NW First Avenue Delray Beach, Florida 33444 and Delray Beach Community Redevelopment Agency 201 East Atlantic Avenue Delray Beach, Florida 33444 and Center for Technology and Development, Inc. 400-B West Atlantic Avenue Delray Beach, Florida 33444 Ladies and Gentlemen: This letter constitutes a formal invitation for you to submit an application to the Economic Development Administration (EDA) for $800,000 in EDA funds for the construction of a 15,000 sq. ft. office/business incubator building to be located on West Atlantic Avenue. in the City of Delray Beach. The proposed project, estimated at a total cost of $1,600,000 will be processed for consideration under the criteria established for the fiscal year 1997 Title I Public Works Program. We are enclosing an application with associated documents, and ask that you pay particular attention to the list of exhibits required on Page 7 and Page B-19. After reviewing the enclosed materials, contact your Economic Development Representative (EDR), Gilbert Patterson (Phone No. 404/730-3000), for advice and assistance in the preparation of the application. An original application and three copies are to be submitted to the EDR by June 30, 1997. The submission of an incorrect or incomplete application will delay processing and may jeopardize approval of your project. The State Historic Preservation Officer (SHPO) is to be furnished information about this project not previously submitted, plus maps, drawings, photographs and any previously conducted historical/ archeological survey as outlined in the application instructions. Copies of both the letter and response are to be included in the appropriate exhibit of the application. You should also immediately notify the Designated State Single Point of Contact (SPOC) to hasten their required review. (Instructions are on page 5 of the application.) - 2 - Keep in mind that this invitation to submit an application is by no means ~n indication of an approval. Your project will be in competition with many other worthwhile projects. Sincerely, cc: EDR w/enclosures 'Community Redevelopment Agency Delray Beach June 10,1997 Ms. Lula BUtler Director of Community Improvement City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444 Dear Lula: Please consider this letter as a formal invitation from the Delray Beach Community Redevelopment Agency (CRA) and the Center for Technology, Enterprise and Development, Inc. (TED Center) to the City of Delray Beach (CDB) to join us as a Co- Applicant for Funding under the US Department of Commerce - Economic Development Administration's (EDA) Title I Public Works Program. If approved, this EDA grant will provide funding for the construction of a small business incubator building to be located on West Atlantic Avenue in the City of Delray Beach. The building will be a multi-tenant facility that will provide affordable space, shared support services, and business assistance "mentodng" to foster successful entrepreneurial development of young or start-up business ventures. Under this application to the EDA, the CRA/TED CentedCDB will request matching dollars of $800,000 to fund this project. The CRA and the TED Center have previously submitted a project pre-application to the EDA and have been requested to submit a final application to the EDA by June 30. VV'~ respect to the role and responsibilities of the City of Delray Beach in serving as a co- applicant for federal funding, we understand the following to be the case: a) The City of Delray Beach is being asked to participate in this application aS a co- applicant; an associate applicant, but not as a co-signer. b) The City of Delray Beach will have no fiscal responsibility for the grant, nor will be asked to serve as the administering or fiscal agent. c) The CRA will be seeking private sector financing for their commitment of $700,000, to be provided as a partial match for EDA funds. d) The City of Delray Beach is being asked to provide assistance in the provision of infrastructure improvements or upgrades such as the upgrade of water lines from 2" to 8" 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 to be completed in the adjacent East-West alley, as well as a minor retrofit to the existing sewer line to accommodate this facility. In addition, curb cuts and street beautification would create an attractive facility. We have included in our budget a contribution from the City of $100,000 as described in Table A, attached. Construction on this project is not scheduled to occur until the end of 3rd Quarter 1999, with a target occupancy date of September 2000, allowing sufficient time for the allocation of matching funds. As per our conversation, it would be advantageous to all parties involved if this request be reviewed at the June 17th City Commission meeting, in order for the application to be submitted to the EDA in a timely manner. On behalf of the CRA and the TED Center, thank you again for your assistance with this project. We look forward to the development of an Incubator facility the City can be proud of. Sincerely, Economic Development Manager Attachment cc: Dick Hasco TABLE A PROPOSED CITY PARTICIPATION IN EDA GRANT APPLICATION 1. East-West 8" Water Line $ 25,000 * City's estimate 2. Sewer Line $ 5,000 3. Sewer & Water Connection Fee $ 6,000 * Estimate based on fixture counts - TBD 4. Beautification $ 64,000 TOTAL PROJECT BUDGET $100,000 THE CENTER FOR ECONOMIC DEVELOPI'4ENT- A SMALL BUSINESS INCUBATOR PROGRAM A PARTNERSHIP APPLICATION OF THE DELRAY BEACH CRA, THE TED CENTER AND THE CiTY OF DELRAY BEACH THE CENTER FOR ECONOMIC DEVELOPMENT: A SMALL BUSINESS INCUBATOR PROGRAM PRE-APPLICATION TABLE OF CONTENTS SECTION I. Standard Form 424 II. Project Description -TED Center Business Plan, April 1, 1997 -Proposed Site Plan -Proposed Building Elevations and Floor Plans -PROFORMA Projections for Years 1, 2, & 3 -Map of Community Redevelopment Area -T, opographic map showing property location III. Proponent's Capability -TED Center Small Business Incubator Flyer -Incubator Information Questionnaire (Prospective Clients) -Business Incubator Client Agreement -Small Business Incubator Facility Office Services Agreement -Client Progress Report -Client Fee Schedule -Quarterly Reporting Form · -----Quarterly Report for April-June 1996 -Fiscal Year Report for October 1994- September 1995 -Major Ongoing Projects -Example of Client Status - Parker's Kitchen, Inc. -TED Center News -Timetable for Development IV. Problem -EDA Table on Unemployment -City of Delray Beach Planning Department Table on Household Income -Census Track Map V. Project Impact VI. Project Beneficiaries -Attachment -TED Center Business Incubator Clients ... VII. Environmental Issues -Atiachment -Copy of Phase 1 Environmental Audit Standard Form 424 APPLICA~ON FOR ~ERAL ASSISTANCE f~ ~ge~a7 CRA/TED Center/CSty of Del~a~~S~cSal Di~twqet/N~_pwgfit/:.ocalgo~ Del~ay Beach CRA 207 E. Atlantic Ave. Ch~s Beown ~.~vav3~.aeh, FL...33444 Execugive D~recgor (561)276-8640 A.~ ~ 8. ~~ C. Economic Develapneng ~- I I 1--1[ Construct a small business incubato~ ~ ~:P.~. [.0. Facil~Grangs ~ ~A~DBY~.~ t~~~.~)' ~ depressed, high unemployment Oelray Beach, Florida . I neighb°rh~°d' 10/97 1,0~/2000 L 23 District ' -~ s 800,000 *~ ~'"~ 800,000 ~: Hatch 1997 -- 3 location of the project. Please refer to Section II Proponent's Capability: Briefly describe the proponent's capability to administer, implement, and market the project. Explain when the project can be implemented. Piease refer to Section III Problem: Briefly descn'be the severity of the problems that are adversely affectin§ economic development in the comml.l~ty and how the project will address the problems and complement the community's pla,nih§ process. Please refer to Section IV Project Impact: Briefly descn'be the expected impacts from the project and how unemployed, underemployed and d'~slocated workers will benefit from the project. Piease refer to Section V Project Beneficiaries: Identify employers who will benefit from the project: Company Name & Products Jobs Saved New Jobs Private Sector Committed or Investment $ Interest Only Piease refer to Section VI Civil Rights Issues: If the proponent and/or employers identified above, have been the subject of any unresolved issues, or negative determinations issued within the past two years, arising from civil fights compliance reviews, complaints, lawsuits or other allegationt ~f discrimination on the basis of race, color, national origin, sex, disability or age, briefly describe the issue(s) and status thereof. Not applicable Admlniswafive Expenses Personnel L~d, Sm~c~es, ROW, ~cm~ ~0~ ) 000 F~g~ S~ -~l~on · ~cide~ Cos~ m Ac~sidon T~vel ~ Fees & ~c~on Com~cfiou, ~molifion & ~ipmem ~, 0~00 ' Supplies ~i~ (5~ ~B,O00 Off-Site Pubiic Inf~astructu~ Co~ Improvement ~ 150, ~0 om~ Spec~ai~ty Equipment ~ 150~0 T~ D~ ~ ~es To~ Project Co~ $1 t~, 000 To~ Pmj~ Co~ Iden~y sourc~ of non-~A run.g: C~A $ 700,000 City of D~.~y Beach $100 ~tldO~e~p/Opemtion and ~nte~: (Con.ion project) - 1. W~I ~e facgifies ~ded by ~DA be 0~ o~ ~or m~t~ed by ~ enfi~ o~er ~ ~e pro~nent? If yes, identi~. No, ~he Oel~ay CrA ~hich ha~ kitle ~o the /and ~il1 o~n ~he facility. Their partner, ~he Cen~er ~i~1 Zease the majo~i~.¥ of the building end operate ~eh sme1Z business incubator Program. 2. W~ ~e r~ pro~ ~o ~ ~proved ~ ~ iac~fi~ ~ded by EDA ~ mortgaged or ~ed ~ co~am~ for ~y f~c~g ~or h ~y re~ prope~ to be used for ~s pro~ ~y mortgaged or ~g ~ed for coHam~? If y~, e~l~. No 3. If the facilities funded by EDA will incl~ ~luisidon. construction, or improvement of a building or acquisition or improvement of significant items of tangible personal pt~!,~y' can the proponent provide a security interest to EDA? If no, explain. Yes, that ±s our full inten~\~n En~iromnental Issues: If yes to a~y que~t~s~s below, briefly ~lain. [ ] N/A [ ] ~S [~ NO Will ~e project ~ '~ed M or adjacent to a fl~dpl~ or wefl~d ~ea? [ ] N/A [ ] ~S [x] NO Wi~ ~e project ~ ~md ~ or adjacent m ~ ~ea wi~ ~o~ ~dom or to~c covt~mln~fion? [ ] N/A [ ] ~S [x] NO ~ ~em ~ ~ ~ or bavardom w~te, or ~stos ~iat~ wi~ ~ proj~t or employem benefi~g ~om ~h proj~:~ [ ] N/A [ ] ~S Ix] NO W~ ~e p')j~t % ~y ~cheologic~ sites, b~gs, or s~c~es older ~ 50 yem, or ~y pro. hies listed on, or eli~ for Ee NationE Register of Historic Place? [ ] N/A [ ] ~S ~] NO Will ~s proj~ :~t ~ ~y o~er adverse envkoment~ ~pacm w~ch wo~d ~ect en~gemd or ~eatened ~i~ ~c five~, or o~er semitive ecolo~c~ habimm? Please refer to ~ion VII / H. PROJECT DESCRIPTION The Project Components are as follows: -Joint venture partnership of The Delray Beach Community Redevelopment Agency (CRA), the City of Delray Beach, and the Center for Technology, Enterprise, and Development, Inc. (TED Center). ~Create a multi-tenant facility that will provide the following: affordable space, shared support services, and business assistance "mentoririg" to foster successful entrepreneurial development of young or start up business ventures. -Construct a 15,000 square feet building to locate The Center for Economic Development,/1 Small Business Incubator Program. The CRA will occupy 2,000 sq.ft, of the facility. Some unique elements oft. he structure include: a commercial kitchen for our food service clients; a series of storage bays for our construction clients; and a computer lab to train all our clients. -Provide the above incubator assistance to business ventures as follows: -20 within 1 year - 75 within 3 years - 150 within 10 years -As a result of above small business incubator assistance create new jobs as follows: - 20 within 1 year - 150 within 3 years - 600 within 10 years -Specific goals for First Year of Operation in new Center: -Add 6 new "in-wall" clients. -Provide 4 classes for the Small Business Journey seven week course to a minimum of 10 businesses per class. -Measure and document the results of creating new marketing strategies for a minimum of ten (10) new "out-of-wall" clients. -Create a total of twenty (20) new jobs from existing and new "in-wall" and "out-of-wall" clients. -Monitor and document all "in-wall" and "out-of-wall" clients on a quarterly basis. -Provide 4 classes on "How to Write a Business Plan" to 8 small businesses. -Provide 4 classes on "Guerilla Marketing" to 10 small businesses. -Provide 4 classes on "How to Start a Business". ,Assist at least 3 new businesses ready to expand in successfully completing a Business Plan, Marketing Study, Feasibility Study and secure financial assistance through the Community Development Loan Fund. The TED Center Business Plan, dated April 1, 1997 (see Attachments) explains in great detail the background, management practices and operational policies which will be employed in the proposed Center for Economic Development. Other Attachments which describe our project are as follows: .-Proposed Site Plan -Proposed Building Elevations and Floor Plans -PROFORMA Projections for Years 1, 2, & 3 -Map of Community Redevelopment Area ,Topographic map showing property location THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT' INC. Business Plan Highlighting the "Business Incubator Program" April 1, 1997 ' TABLE OF CONTENTS Page INTRODUCTION 1 I. EXECUTIVE SUMMARY 1 II. BACKGROUND OF THE T.E.D. CENTER 1 A. Leadership and Support 1 B. Funding Sources 2-3 C. Participating Organizations 3-4 D:: Plan of Operation 4-5 III. CONCEPTS AND OBJECTIVES OF THE 6 BUSINESS INCUBATOR A. Overview 6 B. Business Incubator Program 6-9 INTRODUCTION I. EXECUTIVE SUMMARY The T.E.D. Center, Inc. has operated an affordable housing program and an economic development program for nearly 5 years. The following plan outlines the services provided by the T.E.D. Center in an area of critically-needed economic development in the City of Delray Beach and throughout Palm Beach County. One of two primary services is a "prototype" business incubator serving socially and economically disadvantaged small businesses. The TED. Center has taken a lead role in coordinating economic, housing, employment, and crime management efforts in the target area along with local churches, the City of Delray Beach, the Delray Beach Community Redevelopment Agency, and the Delray Beach Police Department. II. BACKGROUND OF THE T.E.D. CENTER The T.E.D. Center is the culmination of several years of meetings, brainstorming and discussion amongst many people who represent a cross section of the business and residential communities of Delray Beach. From this group a steering committee was formed which developed a comprehensive plan to revitalize the target area in Delray Beach. The TED. Center incorporated in October, 1992 as a non-profit charitable and educational Community Development Corporation (CDC) organization pursuant to Section 501 (c) (3) of the Internal Revenue Code, and has as its purpose to address the concerns of housing, crime management, employment and economic development by facilitating revitalization in the community while creating safe and affordable residential environment and building a professional technical development and support center, known as the "Business Incubator" to train and nurture tenants, students and other business people in the target area. The TED. Center has two main thrusts, the model block projects, focusing on affordable, new home construction and rehabilitation of existing structures and a business incubator designed to assist new and emer~ng businesses, managing risk and maximizing resources. In addition to these two main programs, the T.E.D. Center has on-going educational and crime management programs. The TED. Center has expanded its programs to include community empowerment ("neighborhood associations") and job training. A. Leadership and Support The TED. Center has a 12 member board of directors (see Exhibits). The Board of Directors represent a diverse cross section of Delray Beach residents and business community. The Board is a working board, lending expertise and assistance in several areas: accounting, banking, real estate development, the law, construction/design, management, community organizations, education, etc. The TED. Center also has an advisory committee to help improve the efficiency and expertise of its committees and to develop board stren~h. B. Facility The T.E.D. Center, Inc. completed renovations and relocated to a 2,400 square foot office in the historic Masonic Lodge in downtown Delray Beach in January 1997. The new office has sufficient space for the Center's staff and for ten"resident" Small Business Incubator clients. C. Funding Sources The T.E.D. Center, Inc. receives both cash and in-kind contributions from governmental agencies, private institutions, and individuals. 1. Received by April 1, 1997 for FY96/97 A. Governmental $120,000 Palm Beach County Department $ 80,000 Cash of Economic Development (Incubator Administration) City of Delray Beach CDBG (Incubator facility Renovation) $ 30,000 Cash Community Redevelopment (Consulting Services) $ 10,000 In-Kind B. Private $ 27,244 1. Community Initiative Grants (Lending institutions) Barnett $ 1,000 Cash Comerica $ 3,000 Cash Northern Trust $ 2,500 Cash SunTrust $ 2,000 Cash BankAtlantic $ 500 Cash Fidelity Federal $ 1,500 Cash Capital $ 5,000 Cash 2. Foundations Dodge Foundation $ 5,000 Cash LISC $ 5,000 In-kind (Strategic Planning Workshop) 3. Sam McGhee Endowment Fund Private Individuals $ 2,244 Cash 2 C. Grants Pendin~ $160,000 * (recipient of previous rewards~ ** first submission) Submission date * Community Foundation 2.1.97 5; 20,000 * LISC 3.10.97 $ 25,000 * LISC (Capital/computers) 3.10.97 $ 15,000 * Bank Atlantic Foundation 3.21.97 $ 10,000 * StateCDC 4.4.97 $ 50,000 * Lattner Foundation 5.1.97 $ 40,000 * Federal EDA Matching Grant 4.4.97 $800,000 (Construction of Incubator facility Sept. 2000) with Community ~. Redevelopment Agency & City of Delray Beach in a Joint Venture. D. Participating Organizations The T.E.D. Center enjoys widespread support from the public sector, churches and community ~oups. The following organizations have been major partners in the development of this program: Governmental: Palm Beach County Department of Economic Development Palm Beach County Department of Housing and Community Develop .ment City of Delray Beach Community Improvement Department City of Delray Police Department Community Redevelopment Agency of Delray Beach Other Agencies: Community Financing Consortium Minority Business Development Center Black Business Investment Council Community Development Loan Fund Small Business Development Center at Florida Atlantic University NAACP Community Development Center Consumer Counseling Services Family Self-Support Services Delray Beach Chamber of Commerce Delray Beach Merchants Association Lynn University School of Business S.C.O.R.E. Foundations Community Foundation of Palm Beach and Martin Counties Fannie Mae Foundation Forrest C. Lattner Foundation Local Initiative Support Corporation National Leadership Development Institute Lending Institutions Barnett Bank Bank Atlantic Capital Bank Chase Manhatten Chemical Bank Citizens Bank Comerica Bank First Bank of Florida Fidelity Federal NationsBank Northern Trust Bank SunTrust Each of these organizations has contributed unique talents and resources. As a result, the has been implemented with significant community consensus and success. program E. Plan of Operation 1. Method The mission of the T.ED. Center, Inc. is to foster community revitalization. This is done by addressing the concerns of housing, crime management, employment and economic development in the target community. The creation of a safe and affordable residential environment in conjunction with a professional technical development and support center known as the Business Incubator maximizes the potential for improvement in blighted areas. The TED. Center's "service area" or geographic boundary has been amended with the IRS to include Palm Beach and Broward Counties. However, its primary focus has been with the City of Delray Beach's Community Development Block Grant area and Community Redevelopment Agency target area which is defined as within the city limits of Delray Beach between Lake Ida Road on the North, South West Tenth Street to the South, 1-95 to the West and Swinton Avenue to the East. The need for new economic development within the target area is obvious: declining infrastructure, poor housing conditions, loss of jobs and an eroding tax base. This area is comprised of Delray Beach Census Tracts 68.0 and 65.02, 67, 1, 68.02. (Note: All statistical analysis is based on 1986 &stimated or 1990 Census Data unless otherwise noted.). * 73.4% of all people below the poverty line in the City live in this target area. 4 * The average unemployment rate for the target area is 10.4%. * The average median annual household income in this target area is $19,245 compared to $48,000 for the county. Using existing housing improvement programs and other planned projects, the T.E.D. Center will integrate a number of objectives into one cohesive program. This program will improve and increase the housing stock in the target area; rescue the infrastructure from decay and neglect; and address the major economic and community concerns. III. CONCEPTS AND OBJECTIVES OF BUSINESS INCUBATOR PROJECT A. Overview The T.E.D. Center Business Incubator is a multi,tenant facility designed to improve the viability and strength of small businesses during the critical stages of early development. The Business Incubator facility provides affordable rental space, shared office support services, professional consultation, access to management/technical assistance, entrepreneurial education workshops and creation of jobs,. By having an established "Business lncubato'r" in the target area, the T.ED Center will continue to facilitate commercial/industrial activity in the area by attracting new and emerging businesses as well as offering services for established concerns. The "Business Incubator" helps businesses to grow in order to employ more people from the community in the services industry, (janitorial, lawn service, etc.); professional services (accountants, consultants, legal, etc.); and the construction industry. B. Business Incubator Program 1. Introduction The "Business Incubator" concept is designed to provide a nurturing environment for small businesses. It is well documented that the of businesses fail new/emerging majority new within the first two years of operations. By ensuring sound planning, reasonable fees for rental space and services and support services, the Center seeks to improve the viability of such small businesses during the critical stages of early development. The tenant is ready to move into a "real world" scenario, typically within two to three years. The benefits are well documented through other incubator facilities. The "Business Incubator" concept allows inexperienced fledgling businesses to secure office space at below-market costs, thereby giving them an identity within the community they serve while sharing overhead expenses among the other businesses in the incubator. In addition, professional alliances and partnerships are often formed among different businesses in an incubator, thereby increasing the professional capabilities and marketability of their enterprises. 2. Location The T.E.D. Center, Inc. completed renovations and relocated to a 2,400 square foot office located in the historic Masonic Lodge in downtown Delray Beach in January 1997. The new office has sufficient space for the Center's staff and for ten "resident" Small Business Incubator clients. 6 3. Incubator Program Objectives 1 Small business development efforts are concentrated on new or emerging small businesses interested or based in the Delray Beach area. These businesses are sought as in-wall tenants and out-of-wall non-tenants with on-site support and development. Components of the program include: * management and business planning * technical assistance and professional consultation * small business/entrepreneurial education workshops * mentor program .~ * contract brokering, information and procurement * computer and other technical assistance and training * employee and management training ll[ * marketing strategies plan * leadership training * resource library ll~ * market and feasibility studies * credit repair and management * financial assistance in the procurement of loans for working capital, inventory, equipment, etc. utilizing the available public and private tools 4. Scope of Program a. The Business Incubator Entrepreneurial Education Program consists of: * "Small Business Journey,"an educational partnership with NationsBank. I., * "Guerilla Marketing for the 90's Entrepreneur" an ongoing monthly small business marketing workshop series. * "Business Plan Step-by-Step Series," an ongoing business development workshop series. * "Managing Growing Businesses," an educational partnership with Lynn University School of Business. We are able to offer such a wide range of entrepreneurial education programs because of the tremendous amount of professional in-kind contributions that we receive. b. The in-wall tenants of the Business Incubator have been carefully screened by the T.E.D. Center staff, and favorable lease agreements have been negotiated with each in-wall tenant to ensure short term cash flow in the business's early occupancy in the center, and for ll~ escalation of rent payment to the center over time as each business grows and expands. accepted as a in-wall business tenant, a small business must be: To be i. new/emerging (less than 3 years) ii. have assets/sales less than $250,000 for last fiscal year as documented by financial statements/tax returns iii. have fewer than 3 employees iv. have a viable occupational license Basic in-wall space rental is $150/mo: In-wall tenant.agreements include office space rental with desk, filing cabinet, secretarial/receptionist support, telephone equipment, use of conference room common areas, limited copier and facsimile services. Note: Accounting, word processing, computer access, bookkeeping, clerical, legal, courier, marketing, design, services, etc. are available for an additional fees. 5. Program Management The Business Incubator program is monitored by the Executive Director with the Business Incubator Director being responsible for all daily operations and program development. The staff for the Business Incubator consists of the Executive Director, Business Incubator Director, an administrative assistant/secretary and professional consultants. Additional technical and professional assistance is provided through various partnerships such as NationsBank, Lynn University and the Delray Beach Community Redevelopment Agency. The staff.for the affordable housing program is comprised of a Housing Director and Housing Administrator. 6. Benefits of Program The Benefits of the "Business Incubator" Program are as follows: * Expanded Economic Activity * Business"Success Stories" * Increased Employment * Empowerment of People ] * Crime Management 7. Evaluation The T.E.D. Center has compiled a list of lessons learned that will be useful to other "Business Incubators": * NEEDS - all clients are at different levels of development. Each must be addressed individually assessing their strengths and weaknesses in order to best serve them. * CREATIVE BUSINESS RELATIONSHIPS - Some business clients are able to barter (trade) services or products between 8 other clients and outside businesses. TALENTS - clients bring to the incubator talents that can be utilized in the training of other clients. COSTS - The general rule of thumb of $I0,000 to $15,000 for every job created provides a fairly gOod estimate. ' * PARTNERSHIPS - Our stren~h and success is dependent upon our continued development and nurturing of our growing number of'partnerships. i * CLIENT SUCCESS - client success is dependent upon their persistence, dedication and commitment to their business ~ endeavor. FINANCES - clients have not been able to distinguish between business and personal finances. The operation of their businesses have intertwined with their personal finances. Most have sacrificed their personal credit for the continuation of their business. As a result we are dealing with credit repair issues on a personal level and well as teaching fiscal management. STAFFING - The incubator is only successful when the staffing is sufficient and competent. RESOURCES - It is critical to locate resources for partnerships and assistance. You must develop relationships with organizations and foundations. II 51TE PLAN ~----~LE I" · ,4~~ I I I I ~o 399d WBII-IBO ~Bi g~B@gg~Ig~ l~:g~ £0 39~ ~B±NB3 QB± 9080G9~I9§~ LG:GI LG6I/~0/~0 CENTER FOR TECHNO~Y ENTERPRISE AND DEVELOPMENT INC. Fiscal Year 2000/2001 Pro Forrna Projection YEAR I Housin_g Depnrtment Revenues Developer's Fees For sinFAe family homes @ $2,750/unit x ~35 units average per year $96,250. For multi-unit @ $3,500/unit x 20 $70,OO0 Processing Fees For pre-qualifications @$z~3/applicant x 150 applicants per year $6,OOO For Loan Origination @ $200/transaction x 10 tnmsactions per annum $9_,OOO Shies For rehabilitated homes @ $90,000/home X 2 homes $180,000 Totnl Revenue (Housing) Housing Department Expenses Project Costs Credit Reports @$10/applicant x 150 applicants $1,500 Single family rehabilit__a~,_'on (acquisition, construction, finance, legal etc.) @ $85,000 each x 2 homes $17.0,000 Totnl Project Expenditures (Housing) ($171,500) Business lneubntor Revenue Client Services Registration fees @ $.50/new client x 50 Clients/year $2,5OO Workshops @ $50/client x 10 clients/workshop x 26 weeks/year $13,000 Computer Laboratory @ $300/week x 50 weeks/year $15,000 Consulting services @ $20/hour x 26 hours/client/year x 25 clients $13,000 Resident Business Licenses ( 39 businesses) A. Office Cubicle @ $225/month x 10 clients x 12 months x 60% vacancy $16,200 B. Two Person Office @ $350/month x 8 clients x 12 months x 60% vacancy · . $20,160 C. Three Person Office @ $500/month x 6 clients x 12 months x 60% vacancy $21,600 D. Kitchen facilities @ $300/month x 9 clients x 12 months x 60% vacancy $19,~.~0 E. Storage Bays @ $100/months x 6 clients x 12 months x 60% vacancy $4.320 YEAR I (contd.) Monthly services contracts @ $50/month x 12 months x 50 clients $30,000 Secretarial services @ SIS/hour x 2 hour/month x 50 clients x 12 months $18,000 Total Revenues (Incubator) $173~220 Total Revenues (Housin~ and Incubator) $527~470 I AdministFative and Ouevating Expenditures Payroll Base Salary for Executive Director $5o,ooo Base Salary for Incubator Director Basc Salary for Incubator Administrator/Office Manager ' $30,000 Base Salary for Controller $35,00O Base Salary for Receptionist $25,O0O Base Salary for Housing Director $40 Base Salary for Housing Administrator ,iii $30,000 Benefits @ $250,000 salaries x 15.3% $38,250 Payroll Expense $(288.,250) Insurance Medical Insurance $14,000 Workman's Compensation Insurance General Liability $6,000 Board Liability $1,20o Insurance Expense $(25,200) Consultants $9,000 Accounting and Audit ! $5,OO0 Grantwrifing ... $7,000 1 Marketing Specialty Consultants for Incubator Clients $12,000 Consultant Expense $(37,000) Page 2 YEAR I (contd.) Facility Rent @ CAM only @ $4/s.f. lyear x 10,000 s.f. Utilities @ $600/month x 12 months $7,200 Telephone @ $600/month x 12 months $7,200 Security @ $100/month x 12 months $1,200 Cleaning and Pest @ $600/month x 12 months $7,200 Maintenance and Repair Facility Expenditures $(68,800) General Supplies and Postage $3,600 Due, Fees, Licenses $1,000 Staff Education $3,0oo Publications $200 General Expenditure ($?~800) Total Administrative and Operating Expenditures , ($42?,050) Total ltonslng Expenditure Equipment Lease *Equipment should be purchased through capital grants prior to opening however leasing rates are as follows: Equipment rental ( two and three year leases) Copiers (three) @ $ 700/month x 12 months (three year) $8,400 Telephone equipment @ $1,000/month x 12 months (two year) $12,000 Computer (20 units) @ $2,000/month x 12 months (two year) $24,000 EQuioment Lease Expenditure TED Center Revenue and Expenditure TED Center Combined Revenue $527,470 TED Center Combined Expenditure ($598,550) Budltet Shortfall ($71,080) *not including Equipment Lease Expenditure ($zl4,400) P~c3 CENTER FOR TECHNOLOGY ENTERPRISE AND DEVELOPMENT INC. Fiscal Year 2001/2002 Pro Forma Projection YEAR II Housln~ Deonrtment RevenueS. Developer's Fees For single family homes @ $2,750/unit x 40 units average per year $~o,ooo. For multi-unit @ $3,500/unit x 25 units Processing Fees For pre-qualifications @$40/applicant x 175 applicants per year $7,000 For Loan Origination @ $200/transaction x 15 transactions per annum $3,0oo Sales For rehabilitated homes @ $90,000/home X 2 homes $180,000 Total Revenue (HousinR) $387,500 Housine Department Expenses Project Costs Credit Reports @$10/applicant x 150 applicants $1,750 Single family rehabilitation (acquisition, construction, finance, legal etc.) @ $85,000 each x 2 homes $170,000 Total Project Expenditures (Housing) ($171,750 ) Business Incubator Revenue Client Services Registration fees @ $50/new client x 60 Clients/year Workshops @ $50/client x 10 clients/workshop x 39 weeks/year $19,500 Computer Laboratory @ $350/week x 50 weeks/year $17,500 Consulting services @ $20/hour x 26 hours/client/year x 30 clients $15,600 Resident Business Licenses ( 39 businesses) A. Office Cubicle @ $245/month x 10 clients x 12 months x 70% vacancy $20,580 B. Two Person Office @ $380/month x 8 clients x 12 months x 70% v~ncy $25,536 C. Three Person Office @ $550/month x 6 clients x 12 months x 70% vaca~27,720~, 'll~ D. Kitchen facilities @ $330/month x 9 clients x 12 months x 70% vacancy $24,948 E. Storage Bays @ $1(30/months x 6 clients x 12 months x 70% vacancy $5,040 YEAR II (contd.) Monthly services contracts @ $50/month x 12 months x 55 clients $33,000 Secretarial services @ $15/hour x 2 hour/month x 55 clients x 12 months $1.9,800 To,tal Revenues (Incubator) $212,224 Total Revenues (Housing and Incubator) $$99,724 Administvative and QpeI'atin~ Expenditures Payroll Base Salary for Executive Director $52,500 Base Salary for Incubator Director .~ $42,000 Base Salary for Incubator Administrator/Office Manager $31,500 Base' Salary for Controller $36,750 Base Salary for Receptionist $26,250 Base Salary for Housing Director $42,000 Base Salary for Housing Administrator $31,500 Benefits @ $250,000 salaries x 15.3% $40,162 Payroll Expense $ (302.662) Insurance Medical Insurance $14,700 Workman's Compensation Insurance $4,200 General Liability $6,300 Board Liability $1,260 Insurance Expense $ (26.460, Consultants $12,000 Accounting and Audit $5,000 Grantwriting .. $6,000 Marketing $4,000 Specialty Consultants for Incubator Clients $12,000 Consultant Expense $ (3 9, 0 0 0 ) Page 2 YEAR II (contd.) Facility Rent @ CAM only @ $4/s.f. lyear x 10,000 s.f. $4O Utilities @ $600/month x 12 months $7,920 Telephone @ $600/month x 12 months $7, 0 Security @ $100/month x 12 months $1,200 Cleaning and Pest @ $600/month x 12 months $7,920 Maintenance and Repair $6,000 Facility Expenditures ($70,960) General supplies and Postage Due, Fees, Licenses $1,0oo Staff Education $3, 0 Publications General Expenditure { $8,7 5 0) Total Administrative and Op~rating Expenditures ($447,832) it .Total Housine Expenditure ($17 I~ ,750) Equipment Lease *Equipment should be purchased through capital grants prior to opening however leasing rates are as follows: Equipment rental ( two and three year leases) Copiers (three) @ $ 7001 month x 12 months (three year) $8,400 Telephone equipment @ $1,000/month x 12 months (two year) $12,000 Computer (20 units) @ $2,0001 month x 12 months (two year) $24,000 II~ E~ui~ment Leas~ Expenditure $(44~400) TED Center Revenue and Expenditure TED Center Combined Revenue $599,724 TED Center Combined Expenditure ($619,582) Budget Shortfall . ($20.134) *not including Equipment Lease Expenditure ($44,400) ! Page 3 CENTER FOR TECHNOI.DGY ENTERPRISE AND DEVELOPMENT INC. Fiscal Year 20(Y2/2003 Pro Forma Projection YEAR III Housln~ Devartment ]~eVel~ues Developer's Fees · For single family homes @ $2,750/unit x 45 units average per year $123,750 For multi-unit @ $3,500/unit x 30 units per year $105,000 Processing Fees For pre-qualifications @$45/applicant x 190 applicants per year $8,550 For Loan Origination @ $225/transaction x 20/ransactions per annum =Sales For rehabilitated homes @ $92,000/homc X :3 homes $276,00 Total Revenue (Housing} $5!7,800 Housing Department Expenses Project Costs Credit Reports @$15/applicant x 200 applicants $3,00 Single family rehabilitation (acquisition, construction, finance, legal etc.) @ $86,000 each x 3 homes $258,000 Total Project Expenditures (Housing'} ($261,000 ~ Business Incubator Revenue Client Services Registration fees @ $55/new client x 65 Clients/year $3,575 Workshops @ $55/client x 10 clients/workshop x 50 weeks/year $25,0OO Computer Laboratory @ $400/week x 50 weeks/year $20,000 Consulting services @ $25/hour x 26 hours/client/year x 35 clients $22,750 Resident Business Licenses ( 39 businesses) A. Office Cubicle @ $275/month x 10 clients x 12 months x 80% vacancy $26,400 B. Two Person Office @ $400/month x 8 clients x 12 months x 80% vacancy · $30,720 C. Three Person Office @ $575/month x 6 clients x 12 months x 80% vacancy $33,120 D. Kitchen facilities @ $350/month x 9 clients x 12 months x 80% vacancy $30,240 E. Storage Bays @ $125/months x 6 clients x 12 months x 80% vacancy $7,200 YEAR III (contd.) Monthly services contracts @ $55/month x 12 months x 60 clients $39,600 Secretarial ~ervices @ $20/hour x 2 hour/month x 60 clients x 12 months $28,800 Total Revenues (Incubator) $267,405 Total Revenues (Housing and Incubator) $785,205 Administrative and Operating Expendituren Payroll Base Salary for Executive Director $55,125 Base Salary for Incubator Director $44,100 Base Salary for Incubator Administrator/Office Manager ~ $33,075 Base Salary for Controller $36,750 Base Salary for Receptionist x 2 positions $55,126 Base Salary for Housing Director $44,10o Base Salary for Housing Administrator $33,075 Benefits @ $250,000 salaries x 15.3% $46,387 ~Payroli Expense ($349,576) Insurance Medical Insurance $15,435 Workman's Compensation Insurance $4,41o General Liability $6,615 Board Liability $1323 Insurance Expense ($27~783) Consultants Legal $12,000 Accounting and Audit $5,5OO Orantwriting $6,000 Marketing $5,OO0 Specialty Consultants for Incubator Clients $13,000 Consultant Expense ¢$41,500) Page 2 YEAR III (contd.) Facility Rent @ CAM only @ $4/s.f. lyear x 10,000 s.f. Utilities @ $600/month x 12 months $8~315 Telephone @ $600/month x 12 months $8,315 Security @ $100/month x 12 months $8,315 Cleaning and Pest @ $600/month x 12 months $8215 Maintenance and Repair $7,OOO Fa'eilit¥ Expenditures ,, , ($73,148) General Supplies Postage a_rld $4,200 Duc, Fees, Licenses $1,2oo Staff Education $3,500 Publications $300 General Expenditure ($.9~200) Total Administrative and Operating Expenditures ($501~207) ,Total Housing Expenditure ($261~000) Equipment Lease *Equipment should be purchased through capital grants prior to opening however leasing rates are as follows: Equipment rental ( two and three year leases) Copiers (three) @ $ 700/month x 12 months (three year) $8,~0 .Equipment Lease Expenditure ($$~400) . TED Center Revenue and Expenditure TED Center Combined Revenue $785.205 TED Center Combined Expenditure ($762,207) Positive Cash Flow $22~998 *not including Equipment Lease Expenditure ($8,400) Page 3 .. .... ~.;-. .<. ~--- -,': .':. - t :...__~...~ / ..-_:.-· 1 ' . ! .-:.~-t--.o --- ' ' I · : ...... ' ..... t ..._- ,,-f'~ ," · ' ..... / I..,t , --- ,, ...... ,--~ ~ :. ,/ .......... . .. :" , .._~..,¢-'e,--. __ ' .... ,L[ ~ ' __ /.:'7 · ' :, / ,.. . : .,,. ; L._~ { ,,L..~. .'- ~ !~ ;i :1~:.~' ;~ .~ ~."-~,~,..7~ ." . ' { I'F,I , I'] : ' i '.---. :: ?L// ; { ; :.. · l:: [ ;I .l'. '~ . . ' : ':::~","'~ / mm ",'~- ' ~ ...... : . . ~ It I ~ I I I "- '""~ !4: : ~ ,, · i,:; __ __ __' :t ., ". . ,=-..--_.'-___"-'---_-- . .~: ,_ . · . COMMUNITY REDEVELOPMENT AREA COMMUNITY FiI==D~¥ELOPMFNT THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMEHT AG ENC Y TOPOGRAP?IlC MAP - 163415.2s - Dynamic E. nv. Associates, ~nc. \ \ \ \ / Major Road,, o vz. t "' ~.'~""" Conlour Lines Watem/ays Earthquak. epicenter, RIchler .~ or grealer · Sink hole, Closesl Federal Well in quaclra~t Closest State Well in quadranl Closest Publlo Water Supply Well TARGET PROPERTY: Discount Auto Pads CUSTOMER: Dynamic Env. Associates, Inc. ADDRESS: 120 W. Atlantic Ave CONTACT: David A. Jermakian CITY/STATE/ZIP: D, elray Beach FL 33444 INQUIRY #: 163416.2s LATILONG: 26.4614 / 80.0752 DATE: March 08, 1997 6:41 am ,..,:.~_,~_~ ~,,' 'I CENTER I CENTER ~arious members of ghe I.[.D. Cenger Sgaff and 8oard of ~Srec~ors The CENTER f_o_r TECHNOLOGY ENTERPRISE ~ DEVELOPMENT~ Inc. lO 13 Southeast First ,Avenue, Delray Beach, FL 33444 561.265.3790 fax 561.265-0806 June 17,1997 Mr. David T. Harden City Manager City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444 Dear Mr. Harden: I am writing to respond to your memorandum of June 13, 1997 concerning the proposed expansion of the TED Center. 1. The TED Center has approached their expansion to date with slow, planned growth. When the program was first started in 1992, the TED Center was wherever Sam McGhee went. It later moved to a small desk in the CRA offices, followed by 600 square feet in the VVideman Building on West Atlantic Avenue. It now occupies 2,400 square feet in the Masonic Building, a move assisted by the City of Delray Beach, utilizing $30,000 in CDBG dollars. The plan for the development of a "Center for Economic Development" proposes construction of a 17,231 square foot building, housing the TED Center and the CRA offices, with shared common areas and conference rooms, with occupancy to occur no sooner than September 2000. This allows approximately 3 years for marketing the new facility and developing a list of active tenant prospects. Nationally, incubators range in size from a few hundred square feet to several hundred thousand, with the optimum size of approximately 50,000 square feet in order to achieve economies of scale and use. This is a modestly sized facility. 2. As stated, the Pro Forma for the Ted Center for years 1, 2 and 3 (starting with FY 2000/2001) shows much of their revenues being generated by their housing program. Please remember that the TED Center housing program is not limited to the City of Delray Beach, and has a service area of all of Palm Beach County and Broward County. TED was the lead non-profit for a 90 unit, single-family project in Riviera Beach, until that City withdrew and has plans for similar work elsewhere in the County. In addition, this preliminary Pro Forma does not reflect grants to the TED Center which are currently $150,000 to $200,000 per year. The revised Pro Forma reflects continued support for the facility, at a very conservative $150,000 per year. The $97,200 in equipment cost for which the TED Center hopes to receive grants is over a three year pedod and as demonstrated in the revised Pro Forma, cash flow is available to cover these costs (at a reduced rate) in all three years. 3. The site plan included in the application shows that the parking for this building will be on property which is currently committed to Palm Beech County for Courthouse parking. Should the County wish to claim this property in 2000, Chris Brown has proposed an off-site agreement to use the existing CRA parking lot(s) to accommodate tenant parking for the building (52 spaces required). 4. The CRA and the TED Center agree that it would be preferable for the project to be further West on Atlantic Avenue. However, the EDA requires that the entity applying for the grant own the property. The CRA does not, at present, own another appropriate parcel. Should the CRA purchase a more suitable site, it could be possible that the CRA negotiate with the EDA to swap sites and relocate the project. 5. The recently adopted West Atlantic Redevelopment plan does not limit development to full block frontage. The "remainder" site on the KwikStop property, may well suit a smaller developer. 6. In the past, the City of Delray Beach has contributed $30,000 to the TED Center. Since this project does not start construction until September 1999, this allows three years for the City to identify funds for the $70,000 beautification costs and utility connection fees. These funds might be found using CDBG dollars for FY '99 or 2000. Mr. Harden, I hope that I have successfully answered your concems as they relate to the development of the proposed incubator facility. I will be happy to answer any additional questions that you or the Commissioners may have at the meeting this evening. } Elizabeth Debs Executive Director THE CENTER FOR ECONOMIC DEVELOPMENT PROJECT DATA SOURCES AND USES STATEMENT FOR PROJECT FUNDING PROJECT DATA Total Square Footage 17,231 Annual Debt Service/Total Square Footage $3.80 CAM $3.5O CRA Space 4,074 Common Area Allocated 0 TED Center 13,157 17,231 SOURCES AND USES STATEMENT FOR PROJECT FUNDING CASH In-Kind SOURCES EDA Grant 800,000 CDB 100,000 Barnett Bank 700,000 TOTAL 1,600,000 USES Land 200,000 Demolition 25,138 Building 1,100,000 Specialty Equipment 1,50,000 Furniture and Fixtures 10,0O0 Parking 104,000 Landscaping 35,862 Infrastructure 100,000 Contingency 75,000 TOTAL PROJECT 1,600,000 200,000 THE CENTER FOR ECONOMIC DEVELOPMENT CRA CASH FLOW STATEMENT YEAR I YEAR 2 YEAR 3 Remarks REVENUES TED Center- Rent 49,997 49,997 49,997 $3.80 psf CAM Reimbursement - TED 46,050 47,432 48,855 $3.50 psf CRA - Rent 15,480 15,480 15,480 $3.80 psf CAM REIMBURSEMENT - CRA 14,258 14,686 15,127 $3.50 psf TOTAL REVENUE 125,786 127,596 129,459 EXPENSES CAM Expenses FPL 17,231 17,576 17,927 $1.00 psf W&S 862 879 896 $.05 psf Cleaning and Pest Control 8,400 8,568 8,739 $.48 psi' Parking Maintenance/Landscape 6,000 6,120 6,242 $.34 psf Security 1,200 1,224 1,248 Insurance 16,542 16,873 17,210 $.96 psf Facility Maintenance 8,000 8,160 8,323 $.46 psf TOTAL EXPENSES 56,234 59,399 60,587 NET OPERATING INCOME 67,552 68,197 68,872 LESS DEBT SERVICE 65,575 65,575 65,575 NET OPERATING INCOME AFTER DIS 1,977 2,621 3,297 TAXES 0 0 0 Tax Exempt THE CENTER FOR ECONOMIC DEVELOPMENT PROFORMA INCOME STATEMENT TED CENTER YEAR 1 YEAR 2 YEAR 3 REVENUES HOUSING 174,250 207,500 241,800 GRANT REVENUE ClF 30,000 30,000 30,000 COUNTY 75,000 75,000 75,000 LISC 25,000 25,0(X) 25,000 COMMUNITY FOUNDATION 10,000 10,000 10,000 LATTNER FOUNDATION 10,000 10,000 10,000 STATE CDC 0 0 0 SUM GRANTS 150,000 150,000 150,000 BUSINESS INCUBATOR CLIENT SERVICES Registration fees 2,500 3,000 3,575 Workshops 18,000 19,800 21,780 Computer Laboratory 15,000 17,500 25,000 Consulting Services 12,000 13,200 14,520 FACILITY Office Cubicle 30,240 34,020 35,910 Two Person Office 28,800 36,000 40,800 Kitchen Facilities 19,440 21,870 24,604 OTHER REVENUES Conference Room Rental 1,300 1,365 1,433 Postage 3,150 3,308 3,473 Copier 4,200 6,200 6,400 Fax Long Distance 300 325 350 Monthly Services Contracts 18,000 20,700 23,805 Secretarial Services 18,000 20,700 23,805 TOTAL REVENUE - INCUBATOR 170,930 197,988 225,455 TOTAL REVENUE - HOUSING,GRANTS & INCUBATOF 495,180 555,488 617,255 EXPENSES HOUSING EXPENSE 82,210 86,246 91,983 ADMINISTRATIVE AND OPERATING Employee Salaries 180,000 189,000 224,176 Employee Benefits and Taxes 27,540 28,917 34,299 All Insurance 25,200 26,460 27,783 Consulting Contractors 37,000 39,000 41,500 FACILITY Rent 49,997 49,997 49,997 CAM 46,050 47,432 48,855 GENERAL Supplies 2,400 2,520 2,646 Postage 3,000 3,150 3,308 Dues, Fees, Licenses 1,000 1,050 1,103 Staff Education 3,000 3,500 3,500 Publication 500 550 600 EQUIPMENT LEASES Copiers 13,200 13,860 14,553 Phone System 0 0 0 Computers 24,000 26,400 29,040 Fax 0 0 0 TOTAL EXPENSE 495,098 518,082 573,342 REVENUE LESS EXPENSE 82 37,406 43,913 J~ 16 1997 JUI.4- ! 6,-i 997 1_~: £'~ JUN-16-199? 15:25 I I ! June 20,1997 Ms. Lola B. Smith Economic Development Administration 401 W. Peachtree St., NW Suite 1820 Atlanta, Georgia 30308 Dear Lola: Please consider this letter our formal comments pertaining to the Delray Beach Community Redevelopment Agency (CRA), the Center for Technology, Enterprise and Development, Inc. (TED Center) and the City of Delray Beach (CDB) Application for Funding under the US Department of Commerce - Economic Development Administration's (EDA) Title I Public Works Program. As the Local Government Unit with jurisdictional authority over the involved area and as co- applicant in this pending application, the City of Delray Beach has had a full opportunity to review and endorse this project. With respect to the role and responsibilities of the City of Delray Beach in serving as a co- applicant for federal funding, we understand the following to be the case: a) The City of Delray Beach will participate in this application as a co-applicant; an associate applicant, but not as a co-signer. b) The City of Delray Beach is being asked to provide assistance in the provision of infrastructure improvements or upgrades such as the upgrade of water lines from 2" to 8" to be completed in the adjacent East-West alley, as well as a minor retrofit to the existing sewer line to accommodate this facility. In addition, curb cuts and street beautification would create an attractive facility. We have included in our budget a contribution from the City of $100,000 as described in Table A, attached. On behalf of the City of Delray Beach, CRA and the TED Center, thank you again for your assistance with this project. We look forward to the development of an Incubator facility the City can be proud of. Sincerely, ,lay Alperin Mayor Attachment TABLE A PROPOSED CITY PARTICIPATION IN EDA GRANT APPLICATION 1. East-West 8" Water Line $ 25,000 * City's estimate 2. Sewer Line $ 5,000 3. Sewer & Water Connection Fee $ 6,000 * Estimate based on fixture counts - TBD 4. Beautification $ 64,000 TOTAL PROJECT BUDGET $100,000 · . EXHIBIT 9.b.2 ASSURANCES OF COMPLIANCE with Civil Rights and Other Legal Requirements (To Be Executed by ~Other Parties") "Other Party" is herein defined as an entity which will be creating and/or saving 15 or more jobs as a result of the EDA assistance and either is specifically named in the application as benefitting from the project or will locate or is located in an assisted building, port facility, or industrial, commercial or business park prior to EDA's f'mal disbursement of funds for the project. Grant Applicant's Name: Delray CRA/TED Center/City of Delra¥ Beach "Other Party" Name: City of Delray Beach Address: 100 NW 1st Avenue Delra¥ Beach, FL 33444 Phone Number' (561) 243-7000 The obligations incurred under this form apply only to the facility or property receiving assistance from the Economic Development Administration (EDA). This form is being executed by an mOther Party~ who satisfies one of the following conditions (check applicable section): [ ] The "Other Party" will be creating and/or saving 15 or more jobs (estimated No. N/A ) as a result of the EDA assistance, and (check a or b) [ ] (a) is specifically named in the application for funds as benefitting from the project; or [ ] (b) will locate or is located in an assisted building, pon, facility, or industrial, commercial or business park before EDA has made its final disbursement of funds for the project. ASSURANCES OF COMPLIANCE WITH THE DEPARTMENT OF COMMERCE AND THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964,SECTION 112 OF PUBLIC LAW 92-65, SECIION 504 OF THE RF_J-IABILITATION ACT OF 1973, AND THE AGE DISCRIMINATION ACT OF 1975, all as amended. The "Other Party" assures that it will comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-2000d-4), the requirements imposed by or pursuant to regulations issued for the Department of Commerce and designated as 15 CFR Part 8, and any amendments thereto. The "Other Party" agrees to comply with the provisions of Section 112 of Public Law 92-65 (42 U.S.C. 3123), the requirements imposed by or pursuant to the regulations of the EDA promulgated in 13 CFR Part 317, and any amendments thereto. The "Other Party" agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 15 CFR Part 8b (Regulations of the Deparunent of Commerce implementing Section 504 of the Rehabilitation Act), and the Age Discrimination Act of 1975 (42 U.S.C. 6101 e. Lam~) and 15 CFR Part 20 (Regulations of the Department of Commerce implementing the Age Discrimination Act of 1975, and the general age discrimination regulations at 45 CFR Part 90). Such requirements hold that no person in the United States shall on the ground of race, color, national origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity for which Federal financial assistance has been extended. In accordance with these assurances and without limiting the above, the "Other Party" agrees that these assurances shall be binding upon it, its grantees, assignees, transferees, lessees, and successors in interest. These assurances shall also be binding fltrough every modification or amendment to this project. 25 .The "Other party." .a.clcg0w~ ledges that it is aware that if there appears to be a failure or threatened failure to comply with these assurances, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance may be effected by the suspension or termination of, or refusal to grant or to continue, Federal financial assistance, or by any other means authorized by law. NOTICE This form must be executed by an official authorized to make the aforementioned assurances contained herein, with full authority to bind the "Other Party" identified herein. If the "Other Party" is a corporation, this form must be executed by a corporate officer or person so authorized to make such assurances, and the title block must clearly indicate such authority. Assurance forms executed by employees other than corporate officers will not be accepted unless they are accompanied by a separate certification signed by a corporate officer or corporate counsel stating the assurer has full authority to legally bind the "Other Party" identified below. In the case of an individual executing this assurance form as sole owner, mle_o_w_ner must be indicated in the title block. For situations other than those discussed herein, contact the EDA regional office for instructions. ACCEPTANCE OF ASSURANCES OF COMPLIANCE These assurances are made binding for: Name of " Other Party " : City of Delra¥ Beach Address: 100 NW 1st Avenue Delray Beach, FL 33444 Telephone Number: ( 561 ) 243-7000 By (Type or Print Name) * (Title of Corporate Officer) (Signature of Official) (Date) * If the person signing this form is not a corporate officer, the company's corporate officer or corporate counsel must certify in writing that the signatory is authorized to legally bind the company. Written certification should be attached to this form. WARNING False statements or representations made in connection with the "ASSURANCES OF COMPLIANCE" are a violation of Federal law punishable by a fine of not more than $10,000 or by imprisonment for not more than five years, or both (see 42 U.S.C. 3220; 18 U.S.C. 1001). 26 REVISED MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~F- REGULAR MEETING OF JUNE 17, 1997 RESOLUTION NO. 47-97 (ESTABLISHING A HIGH-RISE FIRE SAFETY TASK TEAM) DATE: JUNE 17, 1997 Pursuant to Commission direction at the June 10th workshop, the attached resolution establishes the High-Rise Fire Safety Task Team. The purpose of the task team is to review and make reco~endations concerning the impacts of retrofitting existing high-rise buildings with fire protection sprinklers, including the costs involved and a reasonable time frame for compliance. As proposed, the task team will consist of 8 members, including two resident representatives from the affected buildings, one resident manager representative as well as a representative from the insurance, real estate, and fire sprinkler contracting industries. Staff members will include the Fire Marshal and the Chief Building Official. A sunset date of December 31, 1997, is provided which will give the task team roughly a six month period to complete their charge. If the general format is acceptable, we will begin to solicit applications from individuals interested serving on the task team. Formal appointment of the membership will be scheduled for a latter Commission meeting. Recommend approval of the resolution establishing the High-Rise Fire Safety Task Team. ref:agmemo7 RESOLUTION NO. 47-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE HIGH-RISE FIRE SAFETY TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY AND CHARGE OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. WHEREAS, the Fire Department is proposing to update the Fire Prevention codes in the City of Delray Beach as set forth in Chapter 96, "Fire Safety and Emergency Services", of the City Code in an ongoing effort to provide a safer environment and improved quality of life for the citizens of Delray Beach; and WHEREAS, a major impact of the update is a requirement for automatic fire sprinkler systems in existing high-rise buildings (buildings over 75 feet in height with interior exit access); and WHEREAS, the City Commission recognizes the importance of citizen input in the development of recommendations for resolving certain issues; and WHEREAS, the City Commission wishes to establish a task team to examine the impacts, formulate ideas and make recommendations with respect to the issue of fire protection sprinklers in high-rise buildings, including costs to retrofit high-rise buildings and' adequate time schedules for compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established the HIGH-RISE FIRE SAFETY TASK TEAM which shall study and make recommendations to the City Commission as to the issue of fire protection sprinklers in high-rise buildings, including impacts, costs and time frames for compliance. Section 2. That the High-Rise Fire Safety Task Team shall consist of a membership as follows: 1 - Fire Marshal 1 - Chief Building Official 2 - Resident representatives from the affected high-rise buildings: Banyan House Barr Terrace Barr Harbor Barton Seagate Towers North Seagate Towers South Seagate Manor Delray Beach Club Apartments (3 buildings) Coastal House Court of Delray Delray Summit Dorchester 1 - Building manager representative 1 - Insurance industry representative 1 - Real estate representative 1 - Fire sprinkler contractor The membership shall be appointed by the City Commission. A majority of the membership (5 members) shall constitute a quorum. A Chairperson shall be elected by and from among the task team membership. Section 3. That the High-Rise Fire Safety Task Team shall immediately pursue its assigned task with a target of accomplishing said task by December 31, 1997. Section 4. That the High-Rise Fire Safety Task Team shall disband upon the discharge of its assigned task or by December 31, 1997, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 17th day of June, 1997. ATTEST: ~ City Clerk - 2 - Res. No. 47-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM # ~. ~- - MEETING OF JUNE 17, 1997 REJECTION OF BIDS AND AUTHORIZATION TO RE-BID/BUS RENTAL AND DRIVER SERVICE DATE: JUNE 13, 1997 This is before the Commission to consider rejecting all bids received for the bus rental and driver service for the Parks and Recreation Department programs. Bids were received from only two vendors, Deb-Li Enterprises, Inc. and Quality Transport Services, Inc. Quality Transport Services did not follow the bid specifications and Deb-Li was the only responsive bidder although, when calculated out, Quality's bid is actually lower. Staff recommends that the City re-bid the service. Recommend rejecting all bids received for the bus rental and driver service and authorize staff to advertise and re-bid the service. Agenda Item No.: AGENDA REQUEST Date: May 14, 1997 Request to be placed on-. Consent XX ~3%~-r Agenda Special Agenda Workshop Agenda When: May 20, 1997 Description of agenda item (who, what, where, how much): Bid Award - Bid #97-21 - Bus Rental And Driver Service For Parks And Recreation. Award to low resp'o~sive bidder, Deb-Li Enterprises, Inc. (d/b/a Shortwa¥ Lines Of Florida) at an estimated annual cost of $131,715. ORDINAlqCF-/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Deb-Li Enterprises, Inc. (d/b/a Shortway Lines Of Florida) at an estimated annual cost of $131~715. Funding from account codes: 001-410.5-572-44.90, 001-4106-572-44.90, 115-4912-~72-55,30: and 001-4121-572-42.90 Pepart,ment Head Signature:~~~~ Determination of Consistency w~nn~.~omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:Q~~~ Funding alternatives:- (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agendak YES/ NO Agenda Coordinator Revi~w~ ' ~z~I Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn~chasing Supervisor ~ THROUGH: Joseph Saffo~d~nce Director DATE: May 14, 1997- SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 20, 1997 - BID AWARD BID #97-21 BUS RENTAL AND DRIVER SERVICE FOR PARKS AND RECREATION Item Before Commission: The City Commission is requested to approve the award for Bus Rental and Driver Service for Parks and Recreation to low responsive bidder, Deb-Li Enterprises, Inc. (d/b/a Shortway Lines of Florida, Inc.) at an estimated annual cost of $131,715. Background: Parks and Recreation Department has a need for a contract for bus rental and driver service for after school program, summer camp, Rocks football, holiday camps, and one-day events. Bids were received on April 03, 1997, from two (2) vendors all in accordance with City purchasing procedures. (Bid #97-21. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation Department recommends award to low responsive bidder, Deb-Li Enterprises, as the second bidder (Quality Transportation) did not follow bid specifications when submitting their bid. See attached memo dated May 13, 1997, from Parks and Recreation Department, and memo dated April 23 1997, from Assistant City Attorney.. Recommendat ion: Staff recommends award to Deb-Li Enterprises, Inc. (d/b/a Shortway Lines of Florida, Inc.) at a estimated annual cost of $131,715. Funding from account #'s 001-4105-572-44.90, 001-4106-572-44.90, 115-4912-572-55.30, 001-4121-572-42.90. Attachment s: Tabulation Of Bids Memo From Parks And Recreation Dated May 13, 1997 Memo From Assistant City Attorney Dated April 23, 1997 cc: Pamela Post, Recreation Superintendent Joe Weldon, Director Of Parks And Recreation CIT%f OF DEL~LAY BEACH TAB~TION OF BIDS BID #97 -21 BUS P,E/F~AL AND DRi-v'ER SERVICE FOR , PARKS AND RECREATION APRIL 03, 1997 ITEMi DESCRIPTION Deb-Li Enterprises, Inc. Quality Transport Services # d/5/a Shortway Lines Of Inc. Florida~ Inc. 1. A~TERSCHOOL PROGRJ%M 4 WEEKS AT A TIME MON/~HLY RATE $ 4,560.00 per bus $ 38.00 hr. per bus * (PER BUS} 2. YO~ FOOTBALL PROGR3%M DAILY RATE $ 437.00 per bus $ 38.00 hr. per bus SA//IRDAYS (PER BUS) 3. SUPRMER C_AMP PROGR3%M (4 WEEKS AT a TIME) $ 5,700.00 per.bus $ 275.00 per bus MONTHLY RATE Daily Rate (PER BUS) 4. HOLIDAY CAMP WEEKLY RATE $ 1,425.00 per bus $ 38.00 hr. per bus * {PER BUS) 5. DAILY SPECI;uL EVENTS DAILY RATE $ 342.00 per bus $ 38.00 hr. per bus * (PER BUS) Based on 8 hours COMmENTS/EXCEPTIONS Acknowledged Addendum #1 * 5 hour minimum, including Alternate Bus Procedures : 1 hour Portal Charge = Vehicles equipped w/ two- $190.00 / bus. way radios monitored 24 Alternate Bus Procudures : hrs. If drivers have any Standby drivers with stand- tproblems, can contact by buses availabe at all office or owners at their times. 1800 numbers and another Types of Buses vehicle and/or maintenance 65 passenger school buses. crew will be dispatched. Acknowledged Addendum #1. Types of Buses : MCI Coaches i Terra Transit Mini-Coaches .Ford Club Wagon DELRAY BEACH DAVID HARDEN, CITY MANAGER ! FROM: JOE WELDON, DIRECTOR OF PARKS AND RECREATION ,? DATE: MAY 13, 1997 RE: BID #97-21 - BUS RENTAL AND DRIVER SERVICE FOR PARKS AND RECREATION I have reviewed the bids for bus rental and driver service for the Parks and Recreation Department and recommend award to Deb-Li Enterprises, Inc. (d/b/a Shortway Lines of Florida, Inc.). All references were called and each provided positive feedback. The only other bidder was Quality Transportation which the City Attorney's office deemed non-responsive because Quality did not follow bid specifications when submitting its bid (see attached memo). Quality Transportation based its bid prices on hourly rates instead of daily, weekly and monthly rates, as requested. Cost for the buses is expected to be up to $131,715 based on 1997-98 budget projections: After School Program $ 45,320 Summer Camp $ 57,000 Rocks Football $10,925 Holiday Camps $ 8,550 One-Day Events $ 9,920 Leadership Delray, MAD DAD's Excel Focus V and Drill Team, Kids and Cops Field Trips TOTAL $131,715 A total of $68,744 was paid for bus transportation in the 1995-96 fiscal year and $20,071 to date this fiscal year. Previously, we utilized our employees as bus drivers; however, because of liability concerns, I changed this practice to lease both buses and drivers in January, 1997. To my knowledge, we were the only municipality in Palm Beach County utilizing our employees as bus drivers; all other cities leased both buses and driver service. Based on year-end projections, we will be able to cover the additional cost of driver service for the rest of the 1996-97 fiscal year. The increase for next year has been requested in the 1997-98 budget. I am recommending that approval of this bid be added to the City Commission agenda for consideration at the May 20, 1997 meeting. cc: Joe Sa_fiord, Finance Director Jackie Rooney, Purchasing Buyer Joe Dragon, Assistant Director of Parks and Recreation Pamela Post, Recreation Superintendent [IT¥ OF I]ELRI:i¥ BEI:IgH . Writer's Direct L~e: (561) 243-7~ DELRAY 8~CH 1997 1993 TO: Pmela Post, Recreation Superintendent FROM: David N. Tolces, Assist~t Ci~ A~ome~ SUBJECT: School Bus Rental Bids It is this office's opinion that the bid submitted by Quality Transport Services was not responsive. Therefore, it is suggested that your department either award the bid to the lowest responsive bidder, or reject all bids and re-bid the contract. Please call if you have any questions. DNT:smk cc: Joe Dragon, Assistant Director of Parks and Recreation bus-I .dnt CITY OF DELRAY BEAC~ TABI/LATION OF BIDS BID ~97-21 BUS RE~TAL AND DRIVER SERVICE FOR PARKS AND RECREATION aPRIL 03, 1997 'ITEM DESCRIPTION Deb-Li Enterprises, Inc. Quality Transport Services ~ d/b/a Shortway Lines Of Inc. Florida~ Inc. 1. AFTERSCHOOL PROGRAM 4 WEEKS AT A TIME MONTHLY RATE $ 4,560.00 per bus $ 38.00 hr. per bus * (PER BUS) 2. YOU/q{ FCKYrBALL PROGRAM DAILY RATE $ 437.00 per bus $ 38.00 hr. per bus * SATURDAYS (PER BUS) 3. SUMMER CAMP PROGRAM {4 WEEKS AT A TIME) $ 5,700.'00 per-bus $ 275.00 per bus MONTHLY PATE Daily Rate ( PER BUS) 4. HOLIDAY CAMP WEEKLY RATE $ 1,425.00 per bus $ 38.00 hr. per bus * (PER BUS) 5. DAILY SPECIAL EVENTS DAILY R3%TE $ 342.00 per bus $ 38.00 hr. per bus * (PER BUS) Based on 8 hours COMMENTS/EXCEPTIONS i Acknowledged Addendum #1 * 5 hour minimum, including Alternate Bus Procedures : 1 hour Portal Charge = Vehicles equipped w/ two- $190.00 / bus. way radios monitored 24 Alternate Bus Procudures : hrs. If drivers have any Standby drivers with stand- problems, can contact by buses availabe at all office or owners at their times. 800 numbers and another Types of Buses : vehicle and/or maintenance 65 passenger school buses. crew will be dispatched. Acknowledged Addendum #1. Types of Buses MCI Coaches Terra Transit Mini-Coaches Ford Club Wagon t- CITY OF OELRR¥ BEfl£H CiTY ATTORNEY'S OFFICE :'~'~...,,~: ~':"~':.~ .? '~' ~,,""~ ~"~' ~;'~'-~?'¥?.,~ :.~,~.,~ '~"'~" ~,~_o,~,~,, ~. Writer's Direct Line: (561) 243-7~ D[tRAY B~CH ~ c~ ~MO~~ ~~l~ff DATE: April23,1997 ~99 3 TO: P~ela Post, Recreation Superintendent FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: School Bus Rental Bids It is this office's opinion that the bid submitted by Quality Transport Services was not responsive. Therefore, it is suggested that your department either award the bid to the lowest responsive bidder, or reject all bids and re-bid the contract. please call if you have any questions. DNT:smk cc: Joe Dragon, Assistant Director of Parks and Recreation bus4 .dnt ~ Printed on Recycled Paper 1997 BUS BID COMPARISONS SHORT WAYS QUALITY TRANSPORT AFTER SCHOOL PROGRAM Monthly rate - Shortways $4,560 x 9 months $38/hr x 5 hfs/day Hourly rate/5 hr min. - Quality (36 weeks) x 1 bus = x 5 days/wk x 36 weeks (9 months) = $41,040 $34,200 YOUTH FOOTBALL PROGRAM Daily rate - Shortways $437 per day Away: 4 buses x 6 games Hourly rate/5 hr. min. - Quality Away: 4 buses x 6 games x x $38/hr. x 10 hrs. = Home games: 1 bus x 5 weeks $437 = $10,488 $9,120 Away games: 4 buses x 6 weeks Home: 1 bus x 5 games x Home: 1 bus x 5 games Rates based on 10 hrs. each game $437 = $2,185 x $38/hr. x 10 hrs. = for Quality rates $1,900 TOTAL: $12,673 TOTAL: $11,020 SUMMER DAY CAMP Monthly rate (4 wks.) - Shortways $5,700/month/bus x 5 buses $275 per day x 39 days Daily rate - Quality x 2 months = $57,000 x 5 buses = $53,625 HOLIDAY CAMPS 3 weeks $1,425/wk. x 3 wks. x 2 $38/hr. x 8 hrs. x 2 buses x 2 buses buses = $8,550 15 days = $9,120 Weekly rate - Shortways Hourly rate - Quality DAILY SPECIAL EVENTS $342/bus (based on 8 hrs.) x $38/hr. x 8 hrs. x (MAD DAD'S, Leadership Defray, 30 days = $10,260 30 days = $9,120 School's Out Days, etc.) 1 bus per event Daily rate - Shortways Hourly rate - Quality 3/month x 10 months = 30/year GRAND TOTALS: $129,523 $117,085 £1TY I)F DELI:lAY BEI:I£H DELRAY BEACH 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Your May 15, 1997 Memorandum Regarding Bus Bid DATE: June 2, 1997 Following are my responses to the questions you asked regarding the bus rental and driver service bid: Thirteen bid packages were sent to the bus companies on the attached list. A Palm Beach Post advertisement solicited one more response for a total of 14 packages sent. As a comparison, during our bid process in 1995, we sent package to 11 companies and received 2 completed bids back. Jackie Rooney of Purchasing contacted many of the bus companies to inquire whey they did not respond to the bid. Please see attached for their responses. This year we received 2 bids back, but one bid was considered non-responsive per the City Attorney's office because the bus company did not follow bid specifications. Bids were requested in the above manner because we anticipated less expensive rates by asking for bus service in "bulk." Historically, we have received better rates when we requested buses for longer segments of time than on an hourly basis. THE EFFORT ALWAYS MATTERS Prlnted on Recycled Pape; Prior to making my recommendation to you, we did a comparison between Quality Transport and Deb-Li Enterprises comparing apples to apples and found that Quality was the best bid. That's when I asked the City Attorney's office whether Quality's bid was responsive, to which they said "No" (see attached). A 60 passenger school bus on state contract will cost between $40,000 and $45,000, depending on options purchased, e.g. automatic transmission, air conditioning, handicap lift, etc. Other costs include annual maintenance which would be minimal the first year since the bus would be under warranty; fuel would be approximately $1,250 based on 10,000 miles at 8 miles per gallon time $1 per gallon; bus driver salary would be approximately $14,500 plus benefits for a full-time employee, $10,000 for a part-time employee; depreciation would be $4,000 - $4,500 per year; and there would be additional liability insurance costs according to the Risk Manager. The first year costs, therefore, would range from approximately $56,000 to $67,000. The costs for the ensuing 10 years, based on the life of the bus, would be $16,000 to $27,000 per year, reflecting the initial cost of the bus. However, one bus would only meet part of our needs. While one bus would be able to meet the needs of our after-school program and some of the miscellaneous one day special-event day trips, we would need additional buses for the one week holiday camps, the "away" Rocks football games, and, most importantly, our summer camp. A combination of ownership of our own bus and rental buses may be less costly than rentals only, and may be a feasible arrangement. It should be noted that we had always rented buses with drivers for our summer camp. We never used our staff to drive buses for the day camp program. Our liability exposure was primarily in our use of relatively inexperienced though properly licensed part-time and volunteer drivers. We were funded in our C.S.C. grant for a part-time bus driver but all other drivers were authorized volunteer drivers, i.e. football coaches for the Rocks program, occasional MAD DADS volunteers, as well as for some of the Kids and Cops trips, etc. We also routinely became embroiled with the vendor over who was responsible when buses broke down or may have been vandalized. I have become increasingly concerned over the last couple of years about using part-time and volunteer drivers when liability exposure to the City is so great. I have also asked Frank Babin, Risk Manager, to give his assessment of our liablity exposure using part-time and volunteer drivers versus leasing the operation (see attached). Attached please find a request from the Risk Manager to provide the difference in cost for liability exposure. Although we do not have a written reply yet, Mr. Babin indicated that for a one million dollar coverage it would cost approximately $2,500 per bus per year. Jo ldon Dir~tor of Parks and Recreation Attachments JW:cp Ref:busansrs ~// *~r~JKlbb c! ¥ Ub U~LkHY B~CH 415 P02 MAY 22 '97 12:4T Shortway Line~ of Fla. Inc. U$~ Tour~ Michael J. Ang&lin0 Oo~ Vetro ~.0. ~o~ 1~ 18~ S. ~iemi Avenue d S ~ / F~. Lauderdale, Florida 33302-1197 Miami, F!ori~a 33129 _~ Kevlex InC., School Bu~ Semite Rainbow Transportation Attn: Ricardo M&gmi f~m Hodorowski 3601Bou=w~ll Road, Suits 100 ~16 O~prcy Drive,. Suite Le~ Worth, FL 334~ Delraw ~¢h, Florida 33444 F:. Lauderdale. FL 33311~ Ft. Lauderdal~, FL 33311 ~rgate, Florlda 33063 Daniel ~l~-Alma ~. For~ La~erdale, Florida 33311 916 Sap~d~lla Ave. ,( ~ W~= Palm B~ach, Florida 33401 D, Dempaaeo ~ L( ~69~ Reeae Ave. R~vlera ~each, Florida 3095 S, Mt!icary Trail ,, 10 W. Story Road .... ' ~ Winter Garden,* Florl~a 34797 [lTV OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE ,,oo,,,w ,s, TELEPHONE DELRAY BEACH ~ MEMORANDUM ~a~ TO: loc Weldon, DFector of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: Busing Operation In-House vs. Outside Contract I agree with the statements referred to in the letter to you from Frank Babin, Risk Manager regarding the liability risks in transporting children.. In the event of an accident involving the bus, with significant injuries to one or more of the children, the claims bill potential is likely to be great, thus, rendering the $200,000.00 per occurrence sovereign immunity limits inapplicable. If the City, however, decides to provide drivers, I would suggest that the City obtain an insurance policy with a five million dollar limit for this specific purpose only. In addition to the liability risk, there are some operational problems that arise when we provide drivers for rented buses that could be avoided by outside contracting for buses and drivers. As you may recall, our previous situation with the City's outside bus company produced conflict regarding maintenance of the buses as it related to bus breakdowns. When City personnel were required to do low level maintenance, the bus company claimed we were responsible for repairs that allegedly resulted because of the City's failure to provide the maintenance. These issues have been difficult to sort out in the past. Based on the foregoing, it would be my recommendation that the City contemplate outside contractors for the operation and maintenance of the bus. cc: Frank Babin, Risk Manager MEMORANDUM TO: Joseph Weldon, Parks & Recreation Director FROM: Frank Babin, Risk Manager~% DATE: May 23, 1997 SUBJECT: Busing O.Deration. In-House vs. Contract-out As I understand, in general, Parks & Recreation uses five full-time (school) buses in the summer, and one during the school year for various City activities. Four buses are used on Saturdays to transport the Rocks football team. Buses are also provided upon request to the Chamber of Commerce and Mad Dads, and are used for "holiday camps" during the Chfistmas/Hanukkah season, and spring break period. In the past, the City has leased such buses and provided drivers (employees). ' This memo addresses the aspects of insurance and risk related to the issue of .... continuing to lease such buses, versus contracting the busing operation to a vendor. Leasing buses creates significant indirect and associated administrative costs. In addition, the legal liability, especially considering that the involvement of children enhances the claims bill potential, is great. First of all, the City would be responsible to properly train and credential specific drivers. This would involve at least some type of formal "bus driver training", routine MYR checks, physical examination, CDL licensing, etc.: I would recommend certification similar to that provided by the School Board. The City also would be responsible, at least, for general bus maintenance and inspection (fluid levels, tire condition, lights and break checks; noticing erratic breaking, steering; etc.) Some type of formal daily/per trip inspection would have to be instituted. City legal liability to the lessor, for damages to the bus or third party liabilities, could be dependent on such efforts. --~" ~--~:~' On the other hand, contracting with a busing service, to include the driver, effectively should relieve the City of the above responsibilities and liabilities: The risk is transferred to a professional busing company. The additional budget amount of approximately .-~--:. $60,000 reflects the lessor's cost to hire, train and maintain a qualified driver, maintain '- the bus and pay for the insurance premium ( I will note the City's insurance premium -': would not significantly be affected by keeping the busing exposure in-house). So while the busing operation can be kept in-house, I advise that an extensive administrative effort would be required to control the risk. Busing is a more specialized operation, with potentially major legal liabilities, especially when involving children. FB/bjw bus.doc, cc: Susan Ruby, City Attorney [lTV OF DELRRV BEREH ~ 100 N.W. l s! AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AIt-A;e~caC~ VIA F^CSIMIiF 1993 Arthur J. Gallagher & Co. - Miami Attn: Ilene Abella P.O. Box 02-5288 Miami, FL 33102-5288 Re: School Bus Exposure Premium Quote Dear Ilene: Please provide premium quotations for auto liability insurance at limits of one million, two million and five million dollars, including the most cost effective deductible. A response eady in the week would be appreciated. I will outline the exposure as follows: · Leased/rented buses will be 60-passenger "yellow" school buses from a private concern. · For eight weeks during the summer months the City needs five buses, one with a wheelchair elevator for general City use (mostly children). Operations are from 9:00 A.M. to 4:00 P.M., Monday through Friday. Travel includes Palm Beach, Broward and Dade counties, the farthest trip being Miami; estimated that two to four daily round tdps per bus would be made. · For 40 weeks during the school year the City needs one bus with a wheelchair elevator for general City use (mostly children). Operations are from 2:00 P.M. to 6:00 P.M., Monday through Friday. Travel would involve transport to'a child's house after the City's day care program. · Two additional buses would be needed for two weeks during each of the two "holiday camps" dudng the year (Chdstmas/HanUkah season and "spdng break" period). Operations are from 9:00 A.M. to 4:00 P.M., Monday through Fdday. Daily travel generally within the local area would be two to four daily round trips per bus. THE EFFORT ALWAYS MATTERS · On an "as requested" basis (estimated at three per month, during a ten-month pedod), a bus would be used bY the Chamber of Commerce or local volunteer groups (Mad Dads, Kids and Cops) for their related activities. Travel includes only the above three counties, such as to a Madin game (i.e., no out-of-state tdps). · Dudng football season the City sponsored Rocks football team is provided busing for Saturday games. Four buses are needed for each of the six away games, the farthest being Miami. One bus is used for the five home games at Atlantic High School. · In the past, bus drivers have been part-time employees, or City volunteers/coaches, as the circumstance may dictate. Sincerely, CITY OF DELRAY B~ I Frank Babin Risk Manager cc: a~.~Post, Recreation Superintendent buses.doc MEMORANDUM To: City Commission From: City Manager Subject: Commission on Local Government II Date: June 13, 1997 In response to the direction given at the April 8th Work Session, the staff has discussed the questions raised by the Florida League of Cities for comment to the Commission on Local Government II. Staff comments are presented below in summary form. The three greatest challenges facing the city, and constitutional, legislative or other tools which would help meet these challenges and would give our city the ability to provide its services and govern more efficiently are: 1. Illegal drug activity and crime Institute community based prosecution Oppose legalization of drugs Enforce sentencing guidelines Provide certainty in punishment, especially for juveniles Restore municipal courts Take steps to encourage and strengthen families Increase student assistance programs in schools 2. Developing quality schools and educational programs Decrease the size of school districts Increase home rule for school boards Repeal many Department of Education regulations Provide more local funding and revenue flexibility Decrease the size of schools Require teaching ethics and morals in elementary school Restore discipline in schools 3. Economic development for the long term When CPA's require added general services they should help pay for them Repeal homestead exemption, or move it to the 2nd $25,000 Put Code Enforcement liens on a par with taxes Provide dedicated funding for beach renourishment Make municipal annexation easier Repeal the Butt J. Harris act Commission on Local Government II Page 2 Comments on the seven issues identified by the Commission on Local Government as each specifically relates to our city was as follows: Intergovernmental Relations - The Intergovernmental Coordinating Council in Palm Beach County seems to be working well, and it should continue. We desperately need for the school district to work more closely with the City. There is unnecessary overlap in permitting for drainage, utilities and other infrastructure between the City, County, Water Management District and State. Sometimes there is a drainage district involved also. Encourage local coalitions for training. Stop the legislature from addressing local employee issues. Much of the Evaluation and Appraisal Report is inappropriate for built out communities. Internal Structure - Since cities establish their structure by charter, this is not applicable, unless you wanted to comment on county structure. Duties - Our staff had no comments. Financing - Stop passing unfunded mandates. Repeal existing mandates. Allow more local flexibility in raising revenue. Creation and Dissolution - Make creation of cities easier. Service Delivery Capacity - Our staff had no comments. :DTH FLORrDA LF GUE OF CITIES~ INC. Memorandum · TO:. Mayors and Council Chairs "': ' ~9;: FROM: Jim Naugle, Mayor, City of Ft. Lauderdale ~'- President, Florida League of Cities (FLC) DATE: March 21, 1997 RE: Commission on Local Government II-Video The Commission on Local Government II was created during the 1996 Legislative Session for the purpose of recommending appropriate reforms to the organization, structure, powers, creation, duties, f'mancing and service delivery capacity of Florida local governments. In addition, the commission was directed to explore ways to eliminate overlapping jurisdictional responsibility and duplication of costs among governments. Since October 1996 the Commission has been meeting monthly to explore legislative and constitutional reforms. FLC has been intensively involved with this effort by having staff representatives at all Commission meetings, making presentations to Commission members, assisting in logistics and planning for meeting agendas, and providing input to Commission staff with regards to draft policy options prepared for Commission deliberations. While Commission membership is represented well by city and county officials, five members from each respective local government, the present goal is to get input from all elected officials. To that end, Commission Chairman Sam Bell directed his staff to prepare the enclosed 12-minute informational video to be distributed to all city and county commissions. The video is designed to facilitate a workshop setting and stimulate discussion. I strongly urge you and your council to view the video and workshop the seven identified issue areas: Intergovernmental Relations, Internal' Structure, Duties, Powers, Financing, Creation & Dissolution, and Service Delivery Capacity. Specifically, please answer the following questions during discussions: · What are the three greatest challenges facing your city, town or village?; · 'What constitutional, legisIative or other tools would help meet these challenges, and would give your city, town or village the ability to provide its services and govern more efficiently and effectively?; Continued on back 201West Park Avenue · P.O. Box1757 · Tallahazsee, Florida 32302-1757 · (904)222.9684 · Suncom278-5331 March 7, 1997 Page two · What recommendations or testimony would you provide to the Commission on Local Government II on each of the seven issues as each specifidally relates to your city, town or va~lage? Suggestions and comments should be forwarded to Commission staff at the Florida Institute of Government, 325 John Knox Road, Building 300, Suite 301 EC, Tallahassee, Florida 32303. Comments will be received until September 1, 1997. . A calendar of the Commission's meeting dates is included in the video; I hope you will visit with the members and take pan in their meetings when it meets in yo..ur area. This is a great opportunity for local elected officials to present creative and well thought out solutions to complicated problems. The Commission on l.,ocal Government II will conclude its work in January 1998 and make its final report to the legislature as well as to th~ Constitution Revision Commission. Please do not miss the chance to contribute to this process, the impact of the final recommendations could have tremendous impact on Florida's local government. Your city's input is critically important! If you have any questions or need more information, please contact Kelvin Robinson or Darcy Foster at the FLC office at 1-(800) 342-8112. Enclosure Jun 13 1557 14:Z5:B1 Via Fax -> +4BTZ4371GG Dauid T. Harden Page BB1 Of BBZ Association Florida Chapter & the Constitution Revision Commission Holds Annual Conference The Commission on Local The Constitution Revision Commie- The American Planning Association Government II will meet on the sion has tentative public hearing dates Florida Chapter will holds its 1997 following dates throughout 1997 scheduled as follows: Annual Conference September 3-5 at and 1998: the Registry Resort in Naples. July 22, 1997 August 21, 1997 The theme for this year's program June 28-27, 1897 Pensacola Ft. Lauderdale is Focus on Florida. The American Ft. Lauderdale Planning Association Florida Chapter July 23, 1997 August 22, 1997 is designed to address the immediate July 8-9, 1997 Panama City West Palm Beach and long term needs of the state of St. Petersburg Florida in an effort to make it a better July 29, 1997 August 28, 1997 place to live. Au~tmt 7-8, 1997 Jacksonville Tampa Orlando IF_d~O Dates for 1997 July 30, 1997 August 29, 1997 September 9-10, 1997 Gainesville Fort Myers The Florida League of Cities and Miami the Florida Institute of Government August 12, li~7 September are pleased to announce the 5th year October 2-3, 1997 Tallahassee 4, 1997 of the Institute for Elected Municipal Jacksonville/ Orlando Officials (IEMO), and the Advanced Nassau County August 20, 1997 ]institute. Over 350 city officials have Miami September attended these worthwhile programs. November 6-7, 1997 5, 1997 IEMO is designed for both newly Boca Raton/W. Palm Beach Daytona Beach elected and veteran city officials and offers six segments over a three-day December 4-5, 1997 program. Dates for the IEMO are: Cc- Orlando/ tuber 17-19 in Vero Beach. The Advanced Institute is designed Altamonte Springs for graduates of IEMO, and flmose city January 8-9, 1998 The Constitution Revision Cereals- officials who have completed at least Tallahassee sion is scheduled to recommend pro- one term in office. The program covers posal~ by May 5, 1998 for tl-..e Noyes- four topics in two-days. The next Ad- For more information contact bar 3, 1998 ballot. For more informs- vanced IEMO is October 24-2/5 in the Institute of Government at Zion contact the Constitution Revision Tampa. (904-) 487-1870. The Institute is Commission websito at: http:// For registration information, call operating as staff t~ the Commie- www.law.fau.eduYcrc. Kathy Jolly at the Florida Institute nf sion on Local Government II. Government at (904)487-1870 or Lynn · ,,, Lovallo at the League office at (904) 222-9684. Make plans now to attendl £1TY DF DEL[lAY BEIIgH Writer's Direct Line: (561) 243-7090 p ~l RoAY~ B,EA~C q Ail. America City MEMORANDUM ~993 TO: City Commissio~ FROM: David N. Tolces, Assistant City Attorney SUBJECT: City of Delray Beach v. Keystone Creations - Settlement Proposal The City filed suit against Keystone Creations in January, 1997. The trial court issued an order which could result in a trial commencing January 12, 1998. The attached letter from Keystone Creations' attorney outlines the proposed terms for the settlement of the lawsuit. The most important aspect of the settlement is that if Keystone Creations does not complete its site plan improvements by January 12, 1998, then Keystone Creations will immediately cease operations as a monument and stone cutting business, agree to the entry of an injunction, and the conditional use and site plan approvals would expire. In the event the parties were to go to trial, we are confident that the court would issue the injunction; however, there is no guaranteed result. While the court could order Keystone Creations to immediately cease operations, the court could also grant Keystone Creations additional time to complete the improvements prior to the entry of the injunction. The proposed settlement provides the City with two important results. First, either Keystone Creations completes the improvements by January 12, 1998, or it may no longer operate. Secondly, by agreeing to the injunction, the City may, without a trial and without contest, have the court order the injunction if the improvements are not completed. Both parties would be responsible for their own costs and attorney's fees, and the City would return to Keystone Creations a $5,000 fire hydrant deposit which, according to the Fire Department, is not needed for Keystone Creations' use. Overall, I believe the settlement, as proposed, accomplishes the City's goal when litigation commenced. That is, Keystone Creations completes its site plan, or ceases operations. Therefore, I would recommend approval. City Commission June 16, 1997 Page 2 If you have any questions, please call. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office keystonl .dnt [~ ON ~/~] B~:60 NON ~6/9[/90 LAW OFFICE OF RO ER SABE SON, P.Ao 70 S.E, 4th Avenue Telephone: (407) 272-8616 Delray Beach, FL 33483 June 16, 1997 David N. Tokes, Esq. Assistant City Attorney 200 N.W. First Avenue Delray Beach, F1 33444 Re: Redraft of Proposed Settlement regarding City of Delray Beach v. Ballman 'Dear David, Pursuant to our discussions this morning regarding the above subject the purpose of this letter is to propose a redraft of an outline of what might be a settlement of the above case. 1. As you know the trial date is presently set for January 12, 1998 and we would propose an agreement whereby the property owner would continue to operate the business and be permitted during this time to continue and complete construction of Phase I of the site plan and conditional use. The improvements to be constructed are set forth on the approved site plan which is signed by Diane Domlnguez with her signature dated 8/28/96 consisting of 2 pages. The shaded area shown on the site plan is Phase II except for the landscaping along the north side thereof marked "landscape this area included Phase I. "As pm of the settlement the City would allow the construction to continue and shall promptly inspect the improvements as inspections are called for by the property owner or contractor, as applicable. If by January 12, 1998 Phase I improvements have been completed in accordance with the site plan then the project encompassed in the site plan and conditional use approvals, meaning Phase I and Phase II would be considered vested and Phase II could therefore be completed in accordance with the site plan at a later date if desired by the property owner or not at all. 2. The City would agree that during this interim period of time through January 12, 1998 the property owner can continue to operate its monument and stone cutting bus/ness as it been operated during the past year and shall have this period of time to come into compliance without being subjected to fmcs or other penalties for such operation. If by January 12, 1998 Phase I improvements have been completed in accordance with the site plan then the said business shall henceforth operate in manner consistent with the site plan (subject to any modifications thereof which may subsequently be approved by the City). If, however, by January 12, 1998 the Phase I improvements have not been completed in accordance with the site plan, the property owner would agree to the entry of an injunction to prevent further operation of a monument and/or stone cutting business and agree to cease operating a monument and/or stone cutting business on the subject property and the currently approved site plan and conditional use would expire on said date. Notwithstanding the foregoing, nothing herein shall preclude the [&gZ9 ON ~/~£] G~:60 NO~ &6/9~/90 Mr. David Tolces June 16, 1997 Page 2 property owner from filing new applications with thc City for a monument and/or stone cutting business (or any other use) and the City will process these new applications in accordance with thc City ordinances in effect at thc time. 3. Thc City during this same time period through January 12, 1998 will not bring or cause others to bring any other lawsuits against thc property owner regarding the present operation oft he business on the subject property. 4. The City agrees that the property owner has obtained various permits related to the construction of improvements in Phase I and Phase II and the City agrees that the status of thc permits are as follows: (a) 95 00034862 combination permit issued 5/22/95 for the manufacturing building and other improvements shown on the site plan- this is a valid and active permit and will remain valid and active provided the property owner calls for an inspection or makes a written request for an ixaspection at least once in every six months. The City represents and warrants that it has done an inspection of the subject property under this permit on June 16. 1997 and therefore agrees that currently the permit is valid and active through and including December 16, 1997 before another inspection will need to be called for or requested to continue its active and valid status. Co) 95 00035743 permit for plumbing 7/13/95-the work under this permiL 'l-ms been completed and approved by the City. © 96 00041019 permit for privacy mvall issued 5/16/96 this is a valid and active permit and the permit will continue to remain valid and active subject to the 6 month inspection requirement set forth in (a) above. The last inspection by the City was 5/22/97 and the work related to this inspection was approved. (d) 8900002973 permit for electrical issued 7/19/89 the work under this permit has been completed and approved by the City (e) 96 00043272 permit application relates to the entrance wall-property owner only needs to submit shop drawings for gate and LtL # (Underwriters Laboratory Number) for light fixtures to obtain permit. (f) 96 00043397 Sign permit issued 9/16/96-expired-property 6wner must reapply and pay additional permit fee. (g) 96 00042556 Dumpster permit issued 7/30/96-expired-property owner must re, apply and pay additional permit fee. [~9 O~ :k~I/~] ~£:60 ~ON L6/91/90 Mr. David Tolces June 16, 1997 Page 3 (h) 95 00034937 Warehouse buildin~ permit issued 5/18/9$-expired-property owner must rcapply and pay additional permit fee. As to the above expired permits and all other permits that may be necessary to complete construction in accordance with the site plan including both Phase I and Phase H, the City agrees that it shall promptly process all applications for said pcrrnits. 5. The conditions of approval of the site plan and conditional use which are set forth below in A.-F, inclusive are agreed to be disposed of as follows: A. The extension of the sewer main to the southern property line of thc subject property. This is not required. B. That the f~mal engineering pl~n.~ indicate the manner in which the water from the saw operation will be recycled and the inclusion of a DEI~ permit. This has been done. C. Cash payment be made that is equivalent to the cost improving the section of NW 18~ Ave which abuts the property. This shall not be required. D. That 25% open space be provided on thc site. This h~s been done per the approved site plan and conditional usc. E. That outside material storage shall be permitted on the subject property in the area shown on the site plan for material storage, F. Boundary Plat be processed. This has been done. 6. The durnpster and rocks shall be removed from the right of way within approximately 30 days. 7. The City agrees that the existing fire hydrant is sufficient to serve the subject property when it is used as a monument and/or stone cuing business and no addition,~l fire hydrant shall be required. Therefore, the City agrees to return to Keystone Creations, Inc. thc $5,000.00 that Keystone deposited with the City for the extra fire hydrant. The $5,000.00 shall be returned to Keystone Creations, Inc. within 7 days after coun.~el for the City and counsel for Keystone sign the settlement stipulation. g. The settlement would settle the entire case. That is, the Complaint and Countercla~rn would be dismissed with prejudice with each party to bear their own costs and attorneys fees. Mr. David Tolccs June 16, 1997 Page 4 9, The court would rctaln jurisdiction to enforce the order and to enter an injunction, if necessary, in accordance with the stipulation. The above is a redraft submitted for your discussion with staff and the Commission, The s~dememt and/or stipulation language would obviously be more extensive. As we discussed my client, is agreeable in concept to a settlement and is currently r~vicwing this r~draff and thcr~tbre it is subject to the client's approval or disapproval. The agreement in concept is expressly on the condition that settlement can be finalized between the parties this week. Since these axe settlement negotiations this redraft is also submitted on the condition that the contents will not be used by the City in the pending litigation ii: for any reason the negotiations do not result in a settlement. Please let me hear from you at your earliest convenience. Thank you for your cooperation in regard to this matter. Si, n~ely Yours,~ ,s cc: MI'. ~; Ets. Ballman ~6 13 97 FRI 14:49 FAX 4o7 278 475.5 DEL BCH CTY ATTY -*-~-* CITY HALL £1TY OF DELRAY BEA£H ", "' 20o NW 1st A¥'I.~NLIE · DEI.RAY BEACH, FLORIDA 33a44. CITY ATTORNEY'S OFFICE ~^~,~.,,.~. ~,~,~,~_,?.. Writer's Direct Linc: (561) 2A3-7090 DELRAY BEACH Ali. America City ~J'EMORANDUM c0 DATE: lune 13, 1997 1993 TO: City Commission ~ FROM: David N. Tolces, Assistant Ci~ Attorn SUBJECT: Setdement of City of Delray B.~ach v. Keystone Creafion~ At the thne of agenda preparation, the settlement proposal had not been finalized. I will forward copies of the proposal to the Commission prior to the Commission meeting tbr June 17, 1997. If you have any questions, please call. DNT: sink cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office [ITY OF DELRI:I¥ BER[H CITY ATTORNEY'S OFFICE oo,,,w TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 MEMORANDUM DEI. RAY BEACH F t 0 g I D A ATE: June 11, 1997 M' Susan A. Ruby, City Attorney ~993 SUBJECT: Waste Management v. City. - Settlement Offer Waste Management has sued the City for breach of contract. The Complaint alleges that Waste Management is entitled to monies to compensate them for alleged disposal cost shortfalls for the years 1990 through 1994 for residential units. Waste Management claims that the disposal shortfall for residential units is approximately 5.8 million dollars. Waste Management offers to settle the dispute for $1,634,882.00. This settlement is before you for your consideration. Without going into great detail due to impending litigation, a summary of the claim is as follows. Waste Management asserts that the Solid Waste Authority credit system which was based on an average tons per unit per year calculation for residential disposal was inadequate to cover the actual tonnage delivered to the transfer station as it pertains to residential units in the City. Waste Management claims that the City is responsible for the alleged shortfall in residential disposal costs revenues. Waste Management's analysis excludes the monies Waste Management received for disposal from commercial and multifamily units. The City's position is that commercial and certain multifamily disposal revenues should be included and if they are figured into the equation there is no shortfall. Further, it is the City's position that the Contract only required payment for actual disposal costs and that no additional monies are due. Besides informal meetings with Waste Management, no formal discovery has yet been conducted by the parties. This settlement offer arose prior to filing suit, but is still open for City Commission consideration. If the offer is denied, Waste Management intends to pursue damages of approximately 5.8 million dollars. Our office's recommendation at this time is that the current settlement offer be denied. By copy of this memorandum to City David Harden, our office recommends that this settlement offer be placed on the City Commission agenda of June 7, 1997. Pleas~~,~eed anything further. SAR:ci'~Sr cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safford, Director of Finance John Van Gessel, Esq. Ail-America City June 19, 1997 Ms. Gall Dennard Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-3806 Re: Designation of Voting Delegate Dear Ms. Dennard: Please be advised that City Manager David T. Harden has been selected by the Delray Beach City Commission to serve as the City's voting delegate at the 71st Annual Conference of the Florida League of Cities, Inc., to be held August 21-23, 1997, at Lake Buena Vista. As requested, the Designation of Voting Delegate form is enclosed. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosure cc: Jay Alperin, Mayor David T. Harden, City Manager MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF JUNE 17, 1997 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DATE: JUNE 12, 1997 The 71st Annual Conference of the Florida League of Cities will be held August 21-23, 1997, at Lake Buena Vista. General policy development is one of the primary purposes of the annual conference. It provides an opportunity to focus attention on municipal home rule and prepare a positive program to strengthen cities throughout Florida. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select one person to serve as the city's voting delegate. Recommend designation of a voting delegate to cast votes on behalf of Delray Beach at the annual business session of the Florida League of Cities. ref:agmemo5 71st Annual Conference Florida League of Cities, Inc. August 21-23, 1997 Lake Buena Vista It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws require that each city select one person to serve as the .. city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: David ?. Harden Title: City Manager City of: Delray Beach AUTHOKIZED BY: ' Mayor, City of Delray Beach Title Return form to: Gall Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 or Fax to Gail Dennard at (904) 222-3806 FLORIDA LEAGUE OF CITIES INC. Memorandum TO: City Managers/City Clerks X~~ ~ 9 ~ FROM: Michael Sittig. Executive Director '~* ..~ Cl~t~-~.~ocf/C~ DATE: J~e 9. 1997 SUB.CT: 71~ ~1 Coherence - Building Communities From The Inside Out VOT~G DELEGATE ~D ~SOLUTION ~FO~TION Au~st 21- 23. 1997 - Buena Vista P~ace As you know, the Florida League of Cities' Annual Conference will be held at the Buena Vista Palace on August 21-23. This year's theme, Building Communities From The Inside Out, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need more. We have attached the procedures that your city should follow for presenting resolutions to the League membership. Should you have any questions or need additional information, please feel free to call the League at Suncom 278-5331 or 1-800~342-8112. MS:sg Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 201West Park Avenue · P.O. Box1757 · Tallahassee, Florida 32302-1757 · (904)222-9684 · Suncom278-5331 ]~rocedures for Submitting Resolutions 71st Annual Conference Florida League of Cities, .Inc. August 21-23, 1997 Lake Buena Vista, Florida In order to fairly systematize the method of presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted to writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee prior to consideration by the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating that their city is considering the adoption of a resolution, outlining the subject thereof in a much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution· IMPORTANT DATES July 7 August 13 Notice to Local League Presidents and Municipal Resolutions Mailed to Resolutions Associations Requesting Nominees to the Resolutions Committee July 14 Aueust 21 Appointment of Resolutions Committee Members League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration July 21 Aueust 23 Deadline for Submitting Resolutions to the Immediately Following Luncheon - Pick Up League Office Voting Delegate Credentials Followed by Annual Business Session Resproc.lst MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ '1 SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JUNE 17, 1997 APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: JUNE 12, 1997 The terms for Wanda Gadson, Leonard Mitchell, Kathi Sumrall and Clay Wideman on the Community Redevelopment Agency will expire on July 1, 1997. They have all served two successive terms and are not eligible for reappointment. The term of office is for four (4) years, ending July 1, 2001. Per statute, a person may be appointed as a CRA commissioner if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his or her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted their applications for consideration and were contacted to verify continued interest: Shane Ames William Branning Ronald Brito (currently on Board of Construction Appeals) Wilbur V. Chaney Michael S. Eisenrod Howard Ellingsworth (currently on Delray Beach Housing Authority) Joseph E. Ferrer Michael Goldman Richard Kheel Mark Krall Harriet Lerman Jon Levinson Mark Little (currently on SPRAB) Kevin McCarty (currently on Delray Beach Housing Authority) Frank E. McKinney Michael Manning Rosalind Murray (currently on Education Board) Arthur NeJame J. Michael Pakradooni (currently on SPRAB) Willie Potts, Jr. (currently on Pompey Park Advisory Committee) Alexander (Sandy) Simon Jess Sowards (currently on Board of Adjustment) James F. Stahl Pursuant to Commission direction, a check for code violations and property liens was conducted. None were found. Based upon the rotation system, the appointments will be made by Commissioner Randolph (Seat #4), Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1) and Commissioner Egan (Seat #2). Recommend appointment of four members to the Community Redevelopment Agency for four year terms ending July 1, 2001. ref:agmemo4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~'~. - REGULAR MEETING OF JUNE 17, 1997 APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: JUNE 12, 1997 PLEASE NOTE: Mr. Mark Krall has informed us that he would like his name withdrawn from consideration for appointment to the Community Redevelopment Agency. ref:agmemo4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JUNE 17, 1997 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: JUNE 12, 1997 Barbara Brown's term on the Delray Beach Housing Authority will expire on July 14, 1997. Ms. Brown was originally appointed in December, 1996, to fill an unexpired term. She is eligible and would like to be considered for reappointment. The term is for four years, ending July 14, 2001. Attendance records are attached. Per statute, the appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. There is a resident-member currently serving on the Housing Authority. The following individuals have submitted applications for consideration and were contacted to verify continued interest: Ronald Brito (currently on Board of Construction Appeals) Barbara Brown (incumbent) Renee C. Dillon (currently on the Affordable Housing Advisory Committee) Betty J. Goodman Herman Green Robert Hutzler Isle Nathan Willie Ports, Jr. (currently on the Pompey Park Advisory Committee) Jay Slavin Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to Housing Authority appointees. For this appointment, the recommendation will be made by Commissioner Schmidt (Seat #1), with the actual appointment by Mayor Alperin. Recommend appointment of a member to the Delray Beach Housing Authority for a four year term ending July 14, 2001. ref:agmemo3 DELRAY BEACH HOUSING AUTHORITY 1997 Jan Feb Nar Apr Nay Jun Jul Aug Sep Oct Nov ~¢ W. Howard Ellin~sworth P P P P P/P Barbara Brown P P P p P/A Kevin McCarty P A A A P/P Thomas F. Carney, Jr. P P P A A/A Thaddeus L. Cohen P P P A P/P Robin Preston P A A P A/A Richard Eckerle P P P P P/P (appnt 1/97) DELRAY BEACH HOUSING AUTHORITY 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec W. Howard Ellingsworth P/P P/P A P P P P P PPp P/P P/P Barbara Brown (appnt 12 /3) Kevin McCarty ' P/~ P/P .P P P P P A PPp p/p p~p Thomas F. Carney, Jr. P/P P/P P P P ~J , Thaddeus L. Cohen A/P P/A P P A :~ P P P PPA P/P P/P Robin Preston P/P P/P A P P ~ P P P PPP A/P P/P Judith Colvard P/P A/,P p p P p A P PPP A/P A/A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t/~ SUBJECT: AGENDA ITEM # q~ - REGULAR MEETING OF JUNE 17, 1997 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JUNE 13, 1997 The terms for Christine Wenzel and Tim Onnen on the Downtown Development Authority will expire on July 1, 1997. Mrs. Wenzel has served two successive terms and is not eligible for reappointment. Mr. Onnen was appointed in February, 1996, to fill an unexpired term. He is eligible and would like to be considered for reappointment. The term is for three years, ending July 1, 2000. Attendance records are attached. To qualify for appointment, 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 three 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. This requirement is currently met by Mrs. Eaton, Mr. Listick and Mr. Onnen. The following have submitted applications for consideration: Edward Aptaker (currently on the Affordable Housing Advisory Committee) Ronald Brito (currently on Board of Construction Appeals) Michael Goldman Jon Levinson Tim Onnen (incumbent) Gregory E. Young Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointments will be made by Commissioner Ellingsworth (Seat #3) and Commissioner Randolph (Seat #4). Recommend appointment of two members to the Downtown Development Authority for three year terms ending July 1, 2000. ref:agmemo2 DOWNTOWN DEVELOPMENT AUTHORITY 1997 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Michael M. Listick P P P P Tim Onnen p p p p Christine Wenzel P P P A Marguerite Eaton P P P P Franklin Wheat A P P A DO~TOWNDEVELOPMENT AUTHORITY 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Michael M. Listick P P P P P/P P p p p P p p Tim Onnen (appnt 2/96) P P P/A P P P A P P P Christine Wenzel A P A P P/P P P P A P A P Marguerite Eaton P P P P P/P P P A P P P A Frank k~eat (appnt 6/9!6) P ~ p p p p p MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER:~/I SUBJECT: AGENDA ITEM # 10.~.- REGULAR MEETING OF JI3NE 17, 1997 SECOND READING AND QUASI-JUDICIAL PUBLIC HEARING FOR ORDINANCE NO. 24-97 (REZONING FOR THE COLOMBI PROPERTY AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND LA MAT AVENUE) DATE: JUNE 13, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 24-97 which rezones a 1.66 acre parcel of land known as the Colombi property from POD (Professional and Office District) , in part (0.81 acre) , and RM (Medium Density Residential) District, in part (0.85 acre), to NC (Neighborhood Commercial) District. The subject property is located at the northeast corner of South Federal Highway and La Mat Avenue in the Del-Raton Park subdivision. The rezoning is being requested to allow the existing nonconforming commercial uses to become conforming, retain the residential uses and to accommodate other commercial uses allowed in the NC zoning district. Please refer to the staff report for additional background and analysis. The Planning and Zoning Board considered the application at a public hearing on May 19, 1997. After considering testimony both for and against the rezoning, the Board voted unanimously to support staff ' s recommendation of approval for rezoning the westerly portion of the property (Lots 1-14 and 24-27), based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). The Board further voted (6 to 1, Mr. Carbone dissenting) that the rezoning request for the easterly lots abutting Frederick Boulevard (Lots 15-23) be denied, based on a failure to make positive findings with respect to LDR Sections 3.3.2 (D) and 2.4.5(D) (5), that the rezoning would not be compatible with the adjacent and nearby residential land uses and that rezoning these lots would permit additional commercial encroachment into a residential area that is undergoing revitalization. As drafted, Ordinance No. 24-97 contains the legal description for the entire parcel of land as requested by the applicant. At first reading, the Commission passed the ordinance to move it to tonight' s formal hearing. I recommend that the Planning and Zoning Board's recommendation be approved and that Ordinance No. 24-97 be amended to include only Lots 1-14 and 24-27, and then passed and adopted on second and final reading. ref: agmemo8 ORDINANCE NO. 24-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND LA MAT AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,~ 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned POD (Professional and Office District), in part, and RM (Medium Density Residential) District, in part; and WHEREAS, at its meeting of May 19, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of NC (Neighborhood Commercial) District for the following described property: The East 77.0 feet of Lots 1 thru 9, inclusive; the abandoned alley right-of-way lying East of and adjacent to said Lots 1 thru 9, inclusive; Lots 10 thru 14, inclusive; and Lots 24 thru 27, inclusive; Block 25, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach County, Florida. Containing 1.066 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of June, 1997. ATTEST: - - / C£ty- C~rk / First Reading June 3, 1997 Second Reading June 17, 1997 - 2 Ord. No. 24-97 o SHERWOOD ~ ~ ~ · J I ~ - COLOMBI PROPERTY REZONING - PLANNING OEPAR~ENT FROM: POD (PROFFESSIONAL OFFICE DISTRICT) TO: NC (NEIGHBORHOOD COMMERCIAL) Cl~ OF D~LRAY BEACH, FL ~ RM (MEDIUM DENSI~ RESIDENTIAL) G AND ZONING FROM: /]/~/i=)REY A. COSTELLO /J~)IIOR PLANNER SUBJECT: MEETING OF JUNE 3, 1997 REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM (.MEDIUM DENSI~ RESIDENTIAL) TO NC (NEIGHBORHOOD COMMERCIAL) FOR PROPER~ LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDE~L HIGHWAY AND ~ MAT AVENUE (COLOMBI PROPERS). The action requested of the Ci~ Commission is that of approval on first reading of an ordinance mzoning a 1.66 acres of land from POD (Professional and O~ce District) and RM (Medium Densi~ Residential) to NC (Neighborhood Commercial) for the (Colombi Prope~). The subject pmpe~ is located at the no~heast corner of South Federal Highway and La Mat Avenue. lbo pmpe~ contains 4 commemial buildings on the west sido of the pmpo~ and 3 residential buildings (~ triplex and 2 duploxes) on tho east sido of the pmpo~. Tho commomial buildings am currently xoned ~OD and the residential buildings am xoned ~M. The mzonin~ to ~G is bein~ mquosted to allow the existin~ nonconformin~ ~mmomial usos to become conforming, retain the rosidontial usos and to accommodate other commemial usos allowod in tho RC zono district. Staff has recommondod that the westorn podion of the pmpe~ bo rezoned to ~G (kots ~ - ~4 and 24 - 27, Block 25, DoI-Raton ~ark) and that the mquost to rezone the pmpodies abu~in~ Frederick Boulovaffi bo donied (kots ~ 5 - 23, Block 25, DoI-Raton ~ark). Additional back~mund and an analysis of tho requost is found in the a~ached ~lannin~ and Zonin~ Board Staff ~epo~. City Commission Documentation Meeting of June 3, 1997 Rezoning from POD and RM to NC for the Colombi Property Page 2 · ii!~ii!~!!ii~!Ni~!!iiilmi~N!iN!:.:!i:....:.:.:.:.: ............ ::::::::::::::::::::::::::::::::::::::~:~:~:~:::N~:~:~::~:~:~::~:~::~:~:~:~:~:~:~* On May 19, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony supporting the rezoning of the western portion of the property to NC, but opposing the request to rezone the properties abutting Frederick Boulevard, as it would permit additional commercial encroachment into a residential area that is undergoing revitalization. After reviewing the staff report and discussing the proposal, the Board took the following actions: By Se.garate Motions: A. Recommended to the City Commission (7-0 vote) approval of the rezoning request from POD and RM to NC for Colombi Property {Lots 1 - t4 and 24 - 27, Block 25, DeI-Raton Park) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). B. Recommended to the City Commission (6-1 vote, Carbone dissenting) denial of the rezoning request from RM to NC for the Colombi Property (Lots 15 - 23, Block 25, DeI-Raton Park), based upon a failure to make positive findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought, and that the rezoning would not be compatible with the adjacent and nearby residential land uses. A. Approve the rezoning request from POD and RM to NC for Colombi Property (Lots 1 - 14 and 24 - 27, Block 25, DeI-Raton Park) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing for May 20, 1997. B. Deny the rezoning request from RM to NC for the Colombi Property {Lots 15 - 23, Block 25, DeI-Raton Park), based upon a failure to make positive findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought, and that the rezoning would not be compatible with the adjacent and nearby residential land uses. Attachments: · P & Z Staff Report and Documentation of May 19, 1997 · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 19, 1997 (Continued from April 28, 1997 meeting) AGENDA ITEM: w.B. ITEM: Rezoning from POD (Professional Office District) and RM (Medium Density Residential) to NC (Neighborhood Commercial) for a Parcel of Land Located at the Northeast Corner South Federal Highway and La Mat Avenue (Colombi Property). GENERAL DATA: Owner/Applicant ................... Henry Colombi, Trustee Agent .................................... Doak S. Campbell, III, Esq. Location ............................... Northeast corner of South Federal Highway and La Mat Avenue. Property Size ........................ 1.66 Acres Future Land Use Map .......... Transitional Current Zoning ..................... POD (Professional and Office District) (0.81 acres) & RM (Medium Density Residential) (0.85 acres) Proposed Zoning .................. NC (Neighborhood Commercial) Adjacent Zoning .........North: SAD (Special Activities District) ~ East: RM South: PC (Planned Commercial) and RM West: AC (Automotive Commercial) Existing Land Use ................ 4 existing commercial (3 occupied and 1 vacant) on the west side of the property, and 3 residential buildings (a triplex and 2 duplexes) on the east side of the property. Proposed Land Use ............. Allow the existing nonconforming commercial uses to become conforming, retain the residential uses, and to accommodate other commercial uses allowed in the NC zone district. Water Service ...................... Existing on-site. Sewer Service ...................... Existing on-site. VI.B. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to NC (Neighborhood Commercial) for the Colombi Property, pursuant to Section 2.4.5(D). The subject property is located on the east side of South Federal Highway, between La Mat Avenue and Avenue G. I The subject property incorporates Lots 1 - 27, and the abandoned alley right-of- way lying east of and adjacent to Lots 1-9, and 10 and 27, Block 25, DeI-Raton Park, and contains 1.66 acres. The west portion of the property contains 4 commercial structures with associated parking areas, and 5 primarily vacant lots. Two of the buildings are occupied by nonconforming retail uses, one is occupied by a conforming insurance agency, and the other is currently vacant. The east portion of the property contains 2 duplexes and a 3-unit multiple family structure. Prior to July, 1989, the subject property was in unincorporated Palm Beach County. On July 25, 1989, the subject property was annexed into the City with initial zoning designations of GC (General Commercial), in part (Lots 1-12, 26-27 and abandoned alley), and RM (Medium to Medium High Density Dwelling) (Lots 13-25), as part of the annexations conducted via the Enclave Act (via Ordinance No. 38-89). With the adoption of a new Citywide Future Land Use Map on November 28, 1989, the Transitional Land Use Map designation was affixed to the subject property. Thus, the GC zoning on Lots 1-12, 26-27, and the abandoned alley then became inconsistent with the underlying Transitional Land Use Map designation. In October 1990, Citywide rezonings were implemented to obtain consistency between the Zoning and Future Land Use Maps. At that time, the GC zoned lots were rezoned to PC (Planned Commercial) along with other commercial properties abutting Federal Highway, directly to the north and south, while the balance of the property remained zoned RM. However, the PC zoning designation was inconsistent with the Transitional Land Use Map designation. In February 1991, as part of the City's annual Comprehensive Plan Amendment 91-1, the owner of Lots 1-5, Block 24, DeI-Raton Park (Mr. Levy) sought a Land Use change from Transitional to General Commercial, in order to re-establish auto sales on the property (former Auto Ranch Dealership). On April 22, 1991, the Planning and Zoning Board recommended approval of the Future Land Use Map amendment. However, on April 30, 1991, the City Commission denied the Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 2 request. On July 9, 1991, the City Commission initiated a zoning change for Lots 1-5 from PC to POD (Professional and Office District) or another zoning designation consistent with the Transitional Land Use Map designation. The rezoning also included Lots 6-10, Block 24 (Paton property), which were also previously utilized by the Auto Ranch dealership, and Lots 1-12 and Lots 26 and 27, Block 25 (Colombi property), which contained commemial uses (i.e. insurance office, limousine service, pool/spa/diving supply retail use). At its meeting of August 19, 1991, the Planning and Zoning Board recommended denial of the rezoning from PC to POD, as the Board felt it was more appropriate to amend the Future Land Use Map to General Commercial and increase the depth of the commercial properties to allow for a well-planned commercial development. On September 10, 1991, the City Commission approved the rezoning from PC to POD. On October 5, 1992, Barbara and Stanley Levy, owners of the property to the north (Lots 1-5) filed suit in the Circuit Court of Palm Beach County against the City of Delray Beach to have the property rezoned for an auto related use. In order to avoid a trial, the two parties entered into an agreement. On May 14, 1996, a Settlement Agreement between Barbara and Stanley Levy and the City of Delray Beach was executed which stated that the applicant will seek approval to establish either (I) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing, with no two uses being conducted at any one time. The City agreed to process a Future Land Use Map Amendment and Rezoning to SAD (Special Activities District) with an attendant site plan. At its meeting of October 1, 1996, the City Commission approved the associated requests. Subsequently, on March 17, 1997, the City Commission approved a Future Land Use Map Amendment, Rezoning to SAD (Special Activities District) and an attendant site plan for the Paton property at the northeast corner of Federal Highway and Avenue G to allow vehicle parking (employee, customer, display and bullpen/inventory) to be used in conjunction with the abutting vehicle sales, rental and leasing facility on the Levy property. On March 7, 1997, a request for rezoning the subject property from POD and RM to NC (Neighborhood Commercial) was submitted and is now before the Board for action. The proposal is to change the zoning designation of the property from POD (Professional and Office District) (0.81 acres) and RM (Medium Density Residential) (0.85 acres) to NC (Neighborhood Commercial) (1.66 acres). The Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 3 property contains 4 commercial and 3 residential buildings. The commercial building at the northwest corner of the site contains Florida No-Fault Insurance; the centrally located building contains Art of Africa; the building at the southwest corner of the property contains Pawn and Jewelry Place, Inc., and the building east of the pawn shop is a vacant building previously occupied by Park Avenue Limousine. The residential buildings consist of a triplex and 2 duplexes. The rezoning to NC is being requested to allow the existing nonconforming commercial uses to become conforming, retain the residential uses and to accommodate other commercial uses allowed in the NC zone district. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Transitional Future Land Use Map designation and is currently zoned POD, in part, and RM, which are consistent with the Transitional Land Use Map designation. The proposed NC (Neighborhood Commercial) zoning district is also consistent with the Transitional Land Use Map designation. Pursuant to LDR Section 4.4.11(B), limited retail and commercial uses are permitted within the NC zone district, however, residential uses are not. Based upon the above, while a positive finding can be made with respect to consistency between the zoning and land use designations, the existing residential uses are not allowed in the NC zoning district, and thus, will become nonconforming. Therefore, it may be appropriate to retain the RM zoning for those properties containing residential uses. 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. Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 4 Water & Sewer: E! Water service currently exists to the commercial structures via a service lateral connection to the existing 12" water main within Federal Highway. Service to the existing residences is accommodated via a service lateral connection to the 8" main within Frederick Boulevard. El Adequate fire suppression is provided via existing fire hydrants at the southwest and northwest corners of the site, and along the east side of Frederick Boulevard. Sewer service currently exists to the commercial structures via a service lateral connection to the 8" sewer main within La Mat Avenue. Service to the existing residences is accommodated via a service lateral connection to an 8" main within Frederick Boulevard. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. The site is primarily developed with 4 commercial buildings, 3 residential buildings and parking areas. Drainage currently sheetflows to impervious areas located on the site and to adjacent rights-of-ways. The rezoning will not negatively impact this existing situation. Any future development will need to comply with SFWMD district requirements. Under the current POD (0.81 acres) and RM (0.85 acres) zoning designations, the maximum development potential would be 10,323.72 sq.ft, of office generating 252 average daily trips and 9 multiple family units generating 63 trips for a total of 315 average daily trips. However, under the proposed NC zoning designation a maximum development potential of 18,076 sq.ft, of retail generating 1,344 average daily trips is possible. This section of Federal Highway is over capacity and is operating at Level of Service E. With any future development, submittal of a traffic impact study is required and the proposal will be required to meet traffic concurrency. The proposed zoning change would allow intensification of uses which is not encouraged given the existing Level of Service of this roadway. Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 5 Pa~ks and Recreation: Pad( and dedication requirements do not apply to nonresidential uses. Thus, rezoning the property to NC will have no impact on this level of service standard. Solid Waste: VV'~h the maximum development potential under the current POD (10,323.72 sq.ff. @ 5.4 lbs/sq.ft.) and RM (9 multi-family units a 0.52 tons/yr/unit) zoning designations, trash generated each year would be approximately 32.55 tons. W'~h the maximum development potential under the proposed NC zoning designation trash generated would be 65.97 tons (18,076 sq.ft @ 7.3 Ibs/sq.ft.). Thus, the trash generated may increase. This increase can be accommodated by existing facilities therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Ob_iective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed rezoning. The property has been disturbed with the majority of the property developed with both commercial and residential uses. It is anticipated that if the rezoning is approved, a site plan submittal will follow for a new commercial development. The property can be developed in a manner which will be complementary with the adjacent commercial properties, and not adversely impact the residential properties to the east, provided the depth of the commercial zoning does not extend to Frederick Boulevard. Any future development will be required to meet current code requirements. Compatibility is discussed further on pages 6 and 7. Planning and Zoning BoardlStaff Report Colombi Property - Rezonidg from POD and RM to NC Page 6 Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. Based upon the existing site configuration, access to the office/commercial buildings is taken primarily from a driveway and back-out parking areas on Federal Highway with access also provided from Avenue G and La Mat Avenue. Avenue G and La Mat Avenue provide access to the stable residential area east of the subject property and intersects with Federal Highway, a commercial corridor to the west. The majority of the traffic associated with the commercial use, however, will access the site from Federal Highway and vice versa to exit the site. The residential structures are accessed from Frederick Boulevard. Under the current situation, access will not change. However, if the residential properties are rezoned to NC, there is the potential, through the site plan approval process, to convert the structures for commercial purposes, or to demolish the structures and construct a new commercial development. As pdmary access to the properties abutting Frederick Boulevard would be taken through the residential area, it seems inappropriate to rezone the residential properties to NC. Further, the intensification of the commercial uses along Federal Highway i.e. via the rezoning request would exacerbate the existing undesirable back-out parking situation. This policy will be further addressed at the time of site and development plan review of any development proposal. In order to ensure that direct access through the residential area is not accommodated, rezoning of the existing residential lots to NC should be denied. With site development approval of the uses fronting Federal highway alternative access and parking should be provided. Section 3.3.2 (Standards for Rezonin_u Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The property is currently developed with office/commercial buildings adjacent to Federal Highway, residential on the east end of the property, and vacant land in the center. The site is currently owned by one property owner. The proposal is to rezone the entire block to NC to allow the entire site to be aggregated for commercial purposes and increase the property's depth to provide for a well-planned development. The existing office/commercial buildings on the west side of the property are not well- Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 7 planned with the commercial aspects including parking primarily located within an 80' strip along the west side of the property. VVhile the proposal to rezone the entire block to NC would increase the properties average depth to 334', a well-planned development with an average depth of 207', could be accommodated if the existing residential uses are excluded from the rezoning request. While the NC zoning is considered strip commercial zoning and does include some vacant land, the proposal is to increase the depth of the commercial zoning to provide for better project design. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The properties to the north and west are commercial in character and are zoned SAD (Special Activities District) and AC (Automotive Commercial) respectively. To the south is zoned PC (Planned Commercial) and RM (Medium Density Residential) to the south, and RM to the east. The surrounding land uses are as follows: to the north is Fronrath Vehicle Sales Rental and Leasing Facility (currently under construction); west is the Delray Auto Leasing/KIA dealership; south is Quality Lighting and Accessories, a single family home and a multiple family structure; and, to the east is a multiple family structure. Compatibility with the adjacent residential properties to the east and south is a concern. As previously stated there are existing residences located along the east side of Frederick Boulevard east of this site and on the south side of La Mat Avenue. Also, there are existing residences along both sides of Frederick Boulevard south of the site and a fee-simple townhouse (triplex) complex is currently under construction at the southeast corner of La Mat Avenue and Frederick Boulevard, caddie- corner from the property. As the portion of Frederick Boulevard south of La Mat Avenue is scheduled to be improved (pavement, drainage and sidewalks) this fiscal year, it is anticipated that infill residential development will occur on the vacant lots along Frederick. Improvements to Frederick Boulevard north of La Mat are identified in the City's five year roadway improvement program and it is anticipated that development and redevelopment of the residential lots north of La Mat will follow. There are regulations in place for nonresidential uses adjacent to the residential development which require trees every 25 feet along with a wall or hedge to mitigate impacts. However, it is more appropriate for the existing residences to remain zoned RM with the installation of the buffer Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 8 to be installed between the residential units and the existing commercial uses along Federal Highway. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The acreage was originally genera/ commercial and was rezoned to POD. This is incompatible with the surrounding properties and is an inappropriate use in that area. Because of the zoning, the property cannot be used in its highest and best purpose for the enhancement of the general area. Current zoning is leading to diminution in value and deterioration of the neighborhood. Similar property within 500 feet of the subject property has commercial zoning with similar uses. The neighborhood (NC) zoning would not jeopardize the integrity of the residential neighborhoods adjacent thereto." Comment: Item "c" appears to be the basis for which the rezoning should be granted. With regard to the entire property previously being zoned general commercial, the portion of the subject property currently zoned RM, which contains the existing residences has never been zoned for commercial purposes. Also, the POD zoning is not incompatible with the adjacent residential areas, however, it may be inappropriate given the properties frontage along Federal Highway and the existing commercial uses. While the applicant's justification states that the property cannot be used for its highest and best use to enhance the area, 3 of the 4 existing office/commercial buildings are currently occupied, with 2 buildings occupied by retail uses including the pawn shop. Also, the residences have been rented. Thus, the property has been income producing for Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 9 many years, however no improvements have been made to make it aesthetically pleasing and accessible for potential lessees. Rezoning of the existing residential structures is inappropriate given the existing residential neighborhood to the east and south. If the residential structures are rezoned to NC, there is the potential for similar rezoning requests for residential properties south of the subject property on the west side of Frederick Boulevard. VVhile immediately to the north of this block a rezoning to SAD (Special Activities District) to accommodate vehicle sales was recently approved to the west side of abandoned Frederick Boulevard, the property owner's auto related use aspect previously existed to that point. With regard to the vacant portion of the property west of the north/south alley (west of the existing residential use), the requested NC zoning is of similar intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon circumstances particular to the site and neighborhood. Based upon the above, if rezoning to NC is approved it should be limited to the site area west of the north/south alley abutting the existing residences. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Neighborhood Commercial Develo.oment Standards Regulations [LDR Sections 4.4.11{F). {G) and {H). and 4.3.4(K)_~ Site Area: Pursuant to LDR Sections 4.3.4(K) and 4.4.11(F)(1), the minimum site area is 1 acre and the maximum site area is two acres. The rezoning request involves a 1.66 acre parcel of land. If the lots abutting Frederick Boulevard which contain the existing residential structures are removed from the rezoning request the, property will contain 1.06 acres and thus, continue to meet the minimum site area requirements for the NC zone district. Minimum Floor Area: Pursuant to LDR Section 4.4.10(F)(3), any free-standing structure which accommodates a principal or conditional use shall have a minimum floor area of 4,000 sq.ft. None of the buildings located on this site meet the minimum floor area requirement, and would thus be nonconforming to this aspect of the code. Planning and Zoning Board Staff Report Coiombi Property - Rezoning from POD and RM to NC Page 10 Building Setbacks: VV'rthin the NC zone district, the front building setback is 40', the side street and interior setback is 30', and the rear setback is 10' with 1' added for each foot in building height higher than 10'. The residential structures and the two northernmost commercial structures do not meet the 40' building setback requirement nor the 30' side street setback. Also, the second commercial building south of the north property encroaches into the Federal Highway right-of-way. It is noted that under the current POD zoning, a front and side street setback of 25' is required. VVhile the existing structures will remain nonconforming, any new construction will need to comply with the building setback requirements of the NC zone district. Special Landscape Setbacks: Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along Federal Highway, a single frontage lot with a depth between over 300' requires a 25' landscape setback. As the average depth of the subject property is 334', a 25' landscape strip is required. If the rezoning only includes to the west side of the north/south alley (west of the existing residences), the average depth will be 207', thus requiring a 15' landscape setback. At the northwest corner of the site, back-out parking exists on both Federal Highway and Avenue G, and a 5' wide landscape area is provided at the southwest corner of the site adjacent to an existing parking lot. In conjunction with the rezoning request, the applicant is executing a Limited Access Easement Deed which would relate to the west side of the property, adjacent to Federal Highway. The easement calls for the elimination and replacement of the back- out parking with landscaping, a time frame for the improvements, and an easement expiration/termination clause for new development/redevelopment. Back-out Parking: Pursuant to Section 4.6.9(D), access to parking spaces shall conform with minimal aisle standards and include maneuvering area so that a vehicle can enter and exit the parking area onto a street or alley in a forward manner, except when the use is a single family or duplex residence; when the parking is adjacent to an alley; or, when the street is provided within a planned development and the location of the parking has less than 200 ADT. Back-out parking spaces currently exist at the northwest corner of the subject property along Federal Highway and Avenue G. The back-out parking onto Federal Highway is a major safety concern. In conjunction with the rezoning, the Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 11 applicant proposes to eliminate the existing back-out parking spaces, replace the asphalt with landscaping, and upgrade the existing parking lot to the rear of the No Fault Insurance building (northwest corner of the site) to meet current standards. As previously stated, the applicant is executing a Limited Access Easement Deed for the removal of the back-out parking. 1993 Landsca_~e Code Compliance: Required improvements associated with the 1993 landscape code compliance ordinance have been installed. The improvements included installation of a landscape island and handicapped accessible parking space at the northwest corner of the site, and the installation of hedges and trees on the north side of the paved parking area on the north side of the site. The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). P~Iblic and Courtesy Notices: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood associations: O Tropic Isle O Tropic Bay ~3 Tropic Harbor Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to NC (Neighborhood Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. However, in order to ensure compatibility with the residential properties to the east and south, it is appropriate to retain RM zoning on the lots abutting Frederick Boulevard (Lots 15 - 23). These lots were never used in the past for commercial uses nor previously zoned for commercial use. The NC zoning is more appropriate for the west end of the property as it is of similar Planning and Zoning Board~Staff Report Colombi Property - Rezonidg from POD and RM to NC Page 12 intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon the existing uses on the property and its frontage along Federal Highway. Also, allowing the depth of the NC portion to terminate at the west side of the north/south alley will allow for a well-planned development with the alley serving as a buffer between the existing residences at the east end of the property, in addition to other buffering requirements. The improvements associated with the Limited Access Easement will represent an upgrade to a property that has been in disrepair and should be an enhancement to the surrounding areas. A. Continue with direction. B. Recommend approval of the rezoning request from POD and RM to NC for Colombi Property, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend approval of the rezoning request from POD and RM to NC for Colombi Property (Lots t - 14 and 24 - 27, Block 25, DeI-Raton Park) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and recommend denial of the rezoning request from POD and RM to NC for the Colombi Property (Lots '15 - 23, Block 25, DeI-Raton Park), based upon a failure to make positive findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought, and that the rezoning would not be compatible with the adjacent and nearby residential land uses. D. Recommend denial of the rezoning request from POD and RM to NC for the Colombi Property, based upon a failure to make positive findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought, and that the rezoning would not be compatible with the adjacent and nearby residential land uses. Planning and Zoning Board Staff Report Colombi Property - Rezoning from POD and RM to NC Page 13 B_v Separate Motions: A. Recommend to the City Commission approval of the rezoning request from POD and RM to NC for Colombi Property {Lots 1 - 14 and 24 - 27, Block 25, DeI-Raton Park) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). B. Recommend to the City Commission denial of the rezoning request from POD and RM to NC for the Colombi Property (Lots 15 - 23, Block 25, Del- Raton Park), based upon a failure to make positive findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought, and that the rezoning would not be compatible with the adjacent and nearby residential land uses. Attachments: E! Zoning/Location Map El Survey This Report was prepared by: Jeff Costello. Senior Planner ~1_11t 17 '97 1_~:18 [,EftltI$ P F:OEHLER, P.R. ', F'.£ LAW OFFICES 13ennis I cehler, Cong~$s Busineu Cen~r 12e0 No~ Congress Avenue, SuM West Palm Beach, Florid~ 3~Oe Telephone: (.1)$~-2~4 ~4~ BY FAX Fauimile: (561) 684-9370 ' ' June 17, 1997 Hon. Jay Alperin, Mayor and Members D~LRAY BEACH CITY COMMISSION Delray Beach City Hall 100 N.W. First Avenue Delray Beach, Florida 33444 RE: OWENS-SHINE Applications for FLUM amendment, Rezoning - Petitioners' request for postponement Dear Mayor Alperin and Commissioners: On behalff of my client, Mr. Davi~ Shine and the owner of the properties that are the sub~ect of the referenced applic~tions, Mrs. ~elen D. Owens, I respectfully ask the Delray Beach Clty Commission to 9ostpone tonight's final public hearing in these matters until your next regularly-schedule~ City Commission meeting on Tuesday, July 1, 1997. As reasons therefore, we offer the following: City staff has in its report raised serious concerns about traffic and parking issues. We ha~ hope~ to effectively address these issues by creating two blnding legal documents: An OFF SITE PARKING AGREEMENT and a DECLARATION OF RESTRICTIVE COVENANTS. Unfortunately, at this writing they have not yet been approved and executed by the private parties involved. We believe that these problems can be resolved if our request for postponement is granted. We apologize to you, City staff and those concerned citizens of Delray Beach who may be inconvenienced by this postponement request, we believe, however, that a brief postponement in this matter will best serve the overall public interest. I will be present in the City commission chambers this evening to personally present this postponement request and answer any questions that you may have. DPK/ns pc: Ms. Diane Dominguez, Planning & Zoning Director Mrs. Helen D. Owens, c/o Ben Kennedy, Bsq. Mr. Gale D. Morrell, Trustee, c/o Mr. Steve Morrell Mr. David Shine Mr. Leo Wilson MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~[~"] SUBJECT: AGENDA ITEM ~ IO.~.- REGULAR MEETING OF JUNE 17, 1997 SECOND READING AND OUASI-JUDICIAL PUBLIC HEARING FOR ORDINANCE NO. 25-97 (SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND REZONING FOR DELRAY BEACH FARM SUPPLY) DATE: JUN~. 13, 1997 This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 25-97 which changes the Future Land Use Map (FLUM) designation from Commerce to General Commercial for the Delray Beach Farm Supply property, and rezones it from MIC (Mixed Industrial and Commercial) District to GC (General Commercial) District. The site is located at the northwest corner of Atlantic Avenue and the CSX Railroad, immediately west of 1-95, and contains 0.39 acres. The property is currently occupied by a farm supply store. If the FLUM amendment and rezoning are approved, it is anticipated that a site plan modification request will follow to establish a country and western bar. Please refer to the staff report for additional background and analysis. The Planning and Zoning Board considered this matter at a public hearing on May 19, 1997, and voted unanimously to recommend that the request be denied based upon a failure to make positive findings with respect to Future Land Use Element Policies A-1.4 and A-1.6, and Traffic Element Policy A-5.3 of the Comprehensive Plan, LDR Section 3.3.2(C) (Performance Standards), and LDR Section 2.4.5(D) (5) (Findings), and based upon deficiencies in the storage capacity of the turn lane at the Congress Avenue and Atlantic Avenue intersection, and deficiencies in on-site parking that is available for the subject property. At first reading on June 3rd, the ordinance was passed by a vote of 4 to 0 for the purpose of moving it to the formal hearing. I recommend that Ordinance No. 25-97 be denied on second and final reading based upon the recommendation of the Planning and Zoning Board. ref:agmemo9 ~ ~ ~~ 7~ /I /~g7 ~ ORDINANCE NO. 25-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMERCE TO GENERAL COMMERCIAL, AND REZONING FROM MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR LOT 1, OWEN'S COMMERCIAL SUBDIVISION, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED AT THE NORTHWEST CORNER OF ATLANTIC AVENUE AND THE CSX RAILROAD, IMMEDIATELY WEST OF 1-95; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Commerce; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned MIC (Mixed Industrial and Commercial) District; and WHEREAS, at its meeting of May 19, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted unanimously to recommend denial of the small scale FLUM amendment and rezoning, based upon a failure to make positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is not inconsistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: Lot 1, Owen's Commercial Subdivision, according to the Plat thereof as recorded in Plat Book 74, Pages 130-131 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of Atlantic Avenue and the CSX Railroad, immediately west of 1-95; containing 0.39 acres, more or less. Section 2. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of General Commercial for the subject property. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of CBD (Central Business District) for the subject property. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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. - 2 - Ord. No. 25-97 Section 8. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading 3 - Ord. No. 25-97 A N A L L-~5" / SHAW I t g I ~ I ~uc~,~/ '~1 L ~ I~%~' ~ ~ ~ ~/~ v0 ~ ~ ~ ~ ~ CONGRESS 0 ~C -~~ C()M ~ - FUTURE ~ND USE MAP AMENDMENT- PLANNINC OEPAR~ENT FROM: COMMERCE TO: GENERAL COMMERCE CITY ~ D[LRAY BEACH. FL o,~,,,:,~,,,,~.o,o, ,~ '~1 MIC """ ""i'/ CF , , G A N A L L-3~ · I SHAW ~ ~ . / RINKER ..~~j~- ~ ~ ~ M IC ~ k ~ / SQUARE 0 OS~ ~~PC ~ ,~ CD, ~ - ~[ZO~I~G - PLANNING DEPARTMENT FROM: MIC (MIX[0 INOUSTRIAL ~ COMMERCe) TO: GC (GENE~L COMMERCt~) Cl~ OF OELRAY BEACH. FL -- ~IrAL ~SC ~P S~EM -- u¢ REF: LM152 TO: DAVID T. HARDEN, CITY MANAGER 'r..u: ., / DEPARTMENT?O,.F PANNING AND ZONING FROM: J/EF-~/I~E/Y A. COSTE LO ~ENIOR PLANNER SUBJECT: MEETING OF JUNE 3, 1997 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COMMERCE TO GENERAL COMMERCIAL. AND REZONING FROM MIC (MIXEO INDUSTRIAL AND COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF ATLANTIC AVENUE AND THE CSX RAILROAD, IMMEDIATELY WEST OF 1-95. The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation from Commerce to General Commercial, and rezoning from MIC (Mixed Industrial and Commercial) to GC (General Commercial) for the Country and Western Bar of Delray Beach. The subject property is located at the northwest corner of Atlantic Avenue and the CSX Railroad, immediately west of 1-95. The subject property consists of Lot 1, Owens Commercial Subdivision, containing 0.39 acres, at the south end of the overall 3 lot subdivision. The subject property is currently occupied by a farm supply store (Delray Beach Farm Supply, Inc.). The building contains 5,380 sq.ft, of wholesale/warehouse space and 1,793 sq.ft, of retail space. The proposal is to change the Future Land Use Map designation for the property from Commerce to General Commercial and City Commission Documentation Meeting of May 6, 1997 Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC for the Country & Western Bar of Delray Beach Page 2 rezone the property from MIC (Mixed Industrial and Commercial) to GC (General Commercial). If the FLUM amendment and rezoning are approved, it is anticipated that a site plan modification request will follow to establish a country and western bar. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of May 19, 1997, the Planning and Zoning Board held a public · hearing in conjunction with review of the requests. There was public testimony both in support of and opposition to the requests. The Board had concerns with potential parking and traffic problems; and that there was no compelling reason to change the FLUM designation and zoning. The Board then voted 7-0 to recommend to the City Commission denial of the Small-Scale Future Land Use Map Amendment from Commerce to General Commercial and the rezoning request from MIC to GC based upon a failure to make positive findings with respect to Future Land Use Element Policies A-1.4 and A-1.6, and Traffic Element Policy A-5.3 of the Comprehensive Plan, LDR Section 3.3.2(C) (Performance Standards), and LDR Section 2.4.5(D)(5) (Findings), and based upon deficiencies in the storage capacity of the turn lane at the Congress Avenue and Atlantic Avenue intersection, and deficiencies in on-site parking that is available for the subject property. As this is a quasi-judicial matter, it is recommended that the City Commission defer taking testimony, and approve the item on first reading. It is further recommended that on second reading the City Commission deny the Small- Scale Future Land Use Map Amendment from Commerce to General Commercial and the rezoning request from MIC to GC based upon a failure to make positive findings with respect to Future Land Use Element Policies A-1.4 and A-1.6, and Traffic Element Policy A-5.3 of the Comprehensive Plan, LDR Section 3.3.2(C) (Performance Standards), and LDR Section 2.4.5(D)(5) (Findings), and based upon deficiencies in the storage capacity of the turn lane at the Congress Avenue and Atlantic Avenue intersection, and deficiencies in on- site parking that is available for the subject property. Attachments: · P & Z Staff Report and Documentation of May 19, 1997 · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRA¥ BEACH ---STAFF REPORT--- MEETING DATE: May 19, 1997 AGENDA ITEM: VI.E ,ITEM: Future Land Use Map Amendment from Commerce to General Commercial and Rezoning from MIC (Mixed Industrial & Commercial) to GC (General Commercial) for the Country & Western Bar located at the northwest corner of West Atlantic Avenue and the C.S.X. Railroad. GENERAL DATA: Owner .......................................... Helen Owens Applicant ...................................... David Shine Agent ........................................... Dennis P. Koehler, P.A. Location ....................................... Northwest corner of West Atlantic Avenue and the C.S.X. Railroad. Property Size ............................... 0.39 Acres Current Future Land Use Map ...... Commerce Proposed Future Land Use Map.. General Commercial Current Zoning ............................. MIC (Mixed Industrial & Commercial) Proposed Zoning ..........................GC (General Commercial) Adjacent Zoning ................. North: MIC East: GC South: MIC West: MIC Existing Land Use ........................Farm Supply Store Proposed Land Use ..................... Conversion of the existing 7,173 sq.ft, building into a Country and Western night club. Water Service .............................. Existing via a service lateral connection to an existing 8" main along N.W. 18th Avenue. Sewer Service .............................. Existing via a septic system. VI.E. The item before the Board is that of making a recommendation to the City Commission on a privately-sponsored Small-Scale Future Land Use Map Amendment from Commerce to General Commercial and a rezoning from MIC (Mixed Industrial and Commercial) to GC (General Commercial). The subject property is located at the northwest corner of Atlantic Avenue and the CSX Railroad, immediately west of 1-95. The subject property consists of Lot 1, Owens Commercial Subdivision, containing 0.39 acres, at the south end of the overall 3 lot subdivision. Lot 1 contains a 7,173 sq.ft. building which was constructed in 1952 and is currently occupied by a farm supply store (Delray Beach Farm Supply, Inc.). The balance of the Owens Commercial Subdivision consists of Lot 2 (middle lot) containing an 8,505 sq.ft, industrial building (constructed in 1974), and Lot 3 (northernmost lot) containing a 10,740 sq.ft, industrial building (constructed in 1962; additions constructed 1965 and 1968). The businesses that currently exist on Lots 2 and 3 are as follows: Lot 2 - Econo Auto Paint; and, Lot 3 -- Tile and Marble Wholesale, Inc., Modern Mica Design, Excellent Auto, Inc. and a contractor's office (Warren Clyde Kidd, Jr.). On November 12, 1962, the subject property along with other properties within the vicinity north of Atlantic Avenue, east of Congress Avenue and west of the CSX railroad were annexed into the City of Delray Beach with an initial zoning designation of C-3 (Wholesale and Light Industrial District). In 1972, the properties zoned C-3 were rezoned to LI (Light Industrial). In March of 1977, the City Council (now City Commission) approved a conditional use request to establish an automobile paint body and repair shop (Econo Auto Painting) within the existing warehouse building in the middle of the overall development. In late 1977, the subject property along with other properties in this area was rezoned from LI to MI (Medium Industrial). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November, 1989, the land use designation of the property was changed from Industrial to Commerce. Subsequently, with the Citywide rezonings and adoption of the Land Development Regulations in October 1990, the property was rezoned from MI to MIC (Mixed Industrial and Commercial). On November 15, 1994, the City Commission approved the final plat for the Owens Commercial Subdivision. In conjunction with the plat a cross-parking and drainage agreement was executed as the plat also subdivided required parking spaces and drainage flows across property lines. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 2 On April 4, 1997, a request for a Future Land Use Map amendment and Rezoning to GC (General Commercial) for Lot 1 was submitted and is now before the Board for action. The proposal is to change the Future Land Use Map designation for the property from Commerce to General Commercial and rezone the property from MIC (Mixed Industrial and Commercial) to GC (General Commercial). The subject property is currently occupied by a farm supply store (Delray Beach Farm Supply, Inc.). The building contains 5,380 sq.ft, of wholesale/warehouse space and 1,793 sq.ft, of retail space. If the FLUM amendment and rezoning are approved, it is anticipated that a site plan modification request will follow to establish a country and western bar. Florida Statute~ 163,:)187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land Use Map amendment involves a 0.39 acre area, thus the total area is less than the 10 acre maximum. The amendment to General Commercial is being processed concurrently with a rezoning request to GC (General Commercial) to facilitate establishing a country and western bar within the existing building as a permitted use. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 3 feet or within the last year. Therefore, the property meets the criteria for processing as a small-scale amendment. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element Policy A-1.4: "Commerce" Land Use which involves a mix of light industrial, commercial uses, and research and development are the most needed land uses during the City's final stage of build-out. Thus, changes to the Land Use Map which diminish this land use are discouraged. While the Objective regarding this policy refers to vacant land it is also relevant to developed Commerce-designated land. City staff conducted an inventory of Commerce designated parcels, both vacant and developed. There is a total of 246 acres, of which 160 are developed and 86 are vacant. The 246 acres represents approximately 3% of the City's total acreage. While the subject property is only 0.39 acres, the proposed FLUM amendment will reduce the amount of Commerce designated land. A May, 1995 article in Florida Trend estimated that 9 out of every 10 jobs in Florida are created by small firms. According to a 1995 business profile of Delray Beach, conducted by Urban Decision Systems, approximately 90% of "commerce" type businesses in the City are relatively small, employing 20 or fewer people. This indicates that even the smaller parcels within the City are important in terms of satisfl/ing this policy regarding Commerce land uses. Future Land Use Element Policy A-1.6 - To encourage redevelopment of the City's Central Business District, Future Land Use Map amendments to Commercial designations in outlying areas of the City's Planning Area, shall not be considered. The proposal is inconsistent with this policy. While the petition involves a relatively small parcel, its purpose is to accommodate a night club/entertainment use which will compete with the redevelopment efforts in the City's Central Business District. Further, as the property is located adjacent to and is easily accessible from 1-95, the use will be primarily a destination type use and will not encourage customers to visit the City's downtown. There are existing commercially zoned properties throughout the City that can easily accommodate the proposed use. If the amendment is approved, similar requests to accommodate commercial uses along this section of Atlantic Avenue/N.W. 18th Avenue may occur. Traffic Element Policy A-5.3 - The City shall guard against the overcommercialization of intersections by restricting land uses which are high traffic generators to no more than two adjoining streets. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 4 The proposal is inconsistent with this policy. The subject property is located within 700 feet of the intersection of Congress and Atlantic Avenues, and 200 feet of the intersection of Atlantic Avenue and N.VV. 18th Avenue. The intersection of Atlantic and Congress Avenue is commercialized with two gasoline stations, a carpet store and a shopping center. This FLUM amendment and rezoning to GC will result in commercial zoning within an industrial area which is not easily accessible from Atlantic Avenue, and which can accommodate high traffic generating commercial uses such as fast food restaurants, night clubs, convenience stores, and general retail uses. While the MIC zoning allows retail uses, they are limited to no more than 25% of the total floor area of the building and typically involve items that can be manufactured, fabricated or assembled within the MIC district. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed General Commercial Future Land Use Map designation will allow the following zoning classifications: GC (General Commercial), PC (Planned Commercial), AC (Automotive Commercial), NC (Neighborhood Commercial), POC (Planned Office Center), POD (Professional and Office District), RT (Resort Tourism), CF (Community Facilities), OS (Open Space), and OSR (Open Space and Recreation). In conjunction with the Future Land Use Map amendment to General Commercial, a rezoning to GC (General Commercial) is being sought. The FLUM amendment and rezoning to GC are being processed concurrently to facilitate establishing a country and western bar. Within the GC zone district, night clubs and bars are allowed as a permitted use. Based upon the above, a positive finding with respect to consistency with the proposed FLUM and zoning designations can be made. Ad_iacent Future Land Use MaD Designations. Zoning Designations & Land Uses: North and West: North and west of the property has a Future Land Use Map designation of Commerce and is zoned MIC (Mixed Industrial and Commercial). The existing land uses include automobile paint, body and repair shops (Econo Auto Painting, Eastern Auto Care Center/NTW Tires, etc.). South: South, across Atlantic Avenue, has a FLUM designation of Commerce and is zoned MIC (Mixed Industrial and Commercial). The existing land use is the CSPJRinker concrete products manufacturing facility. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 5 East: East of the property, across the CSX railroad tracks, has a Future Land Use Map designation of General Commercial and is zoned GC. The existing land use is a contractor's office (George B. Wittmer Associates, Inc.) Allowable Land Uses: The current Commerce FLUM designation allows the following zoning classifications: RT (Resort Tourism), PCC (Planned Commerce Center), MIC (Mixed Industrial and Commercial) and LI (Light Industrial). With the exception of RT, these zoning designations are primarily intended for industrial type uses such as manufacturing, fabrication, assembly, etc. which allows a mix of service and commercial uses. The RT allows uses that can be complementary to an industrial park setting, such as hotels and conference facilities. The subject property is currently zoned MIC which allows a mixture of industrial, service and commercial type uses. Under the proposed General Commercial FLUM designation, commercial developments under a variety of zoning designations (GC, PC, NC , AC, RT, POC and POD) are allowed. The applicant has requested a zoning designation of GC (General Commercial), which permits high intensity commercial uses such as gasoline stations, night clubs, convenience stores, and fast food restaurants, high turnover sit-down restaurants as well as office and other retail uses. Land Use & Zoning Com.~atibility: As described in the Future Land Use Element of the Comprehensive Plan, the Commerce land use designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and limited commercial uses. This may be done either through development of existing parcels or through a planned concept. The proposed General Commercial land use designation is to be applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. The adjacent properties to the north, south and west have a Commerce land use designation, are zoned MIC, and contain industrial uses. The property to the east is zoned GC but is occupied by a contractor's office, which is compatible with industrial type uses. Also, it is separated from the subject industrial area by the CSX railroad tracks and takes access from Lake Ida Road. The compatibility of the proposed GC zoning with the adjacent industrial uses is a concern as rezoning to GC allows high traffic generating commercial uses, while the MIC zoning allows industrial uses which generally have Iow traffic volumes. The applicant has stated that the business hours are limited to the evening hours (6:30 p.m. to 2:00 a.m.) at which time the adjacent industrial uses are closed. However, once the property is rezoned the hours of operation cannot be regulated. The GC zoning allows uses that may be open during the daytime and evenings, are high traffic generators, Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 6 and have a greater parking demand. Commercial uses which would locate at or near a busy intersection such as this (i.e. gasoline station, convenience store), are typically open 24 hours. While peak hour traffic generation of the industrial uses may occur during the morning and evening hours, traffic to a commercial business will be continuous with peak hours coinciding with normal peak traffic hours. Based upon the above, the proposed land use designation will be inconsistent with the existing Commerce designation on surrounding properties. 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: Water service exists via a service lateral connection to an 8" water main along N.W. 18th Avenue. Adequate fire suppression is provided via existing hydrants along the west side of N.W. 18th Avenue. No off-site water main extensions and/or upgrades are required with this development proposal. Currently, there are no sewer mains installed to serve the properties along this section of N.VV. 18th Avenue. Sewage for the existing wholesale/retail operation is accommodated via an existing on-site septic system. The proposed land use and zoning change will allow uses that have a much greater demand on sewage facilities, such as restaurants. The proposed conversion of the structure to a night club will at a minimum require upgrading of the existing septic system. Given the intensity of the proposed night club use, installation of a lift station and a force main to connect to the existing main along Congress Avenue may be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Drainaae: With FLUM amendment and rezoning requests drainage plans are not required. The site was originally engineered to drain into swale areas along N.W. 18th Avenue. Over time the swale areas have been destroyed and paved. If the FLUM amendment and rezoning is approved, a site plan modification submittal will follow. At that time, plans must be provided which indicate removal of the paving and the installation of swales. Traffic: The current use of a farm supply/feed store generates approximately 50 daily trips. The proposed use of a country and western bar would generate approximately 588 daily Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 7 trips, a net increase of 538 trips. The traffic study indicates this specific project can meet traffic concurrency. However, as the proposal before the Board is to rezone the parcel to General Commercial, and once rezoned any use in the GC zone district could be established, these numbers are of little significance. The analysis of this action must address the potential impact of the worst case use under the GC district as there is no guarantee that this proposed use will be established or that it will not be replaced in the future with a more intense use allowed under the GC. While the current use of the property (farm supply/feed store) generates approximately 50 trips, the maximum development potential under the current MIC zoning (75% industrial, 25% retail) would generate approximately 352 daily trips. The maximum development potential under the proposed GC zoning designation is significantly higher. For example, a retail use will generate approximately 750 trips, a fast food restaurant 3,174 daily trips, and a convenience store 2,911 daily trips. Therefore, a rezoning approval to General Commercial may result in daily traffic increases of: 113% for retail, 727% for convenience store, and 801% for fast food restaurant. This increase in traffic is of significant concern given the location of the site and the restrictions of right turn only at the intersection of Atlantic Avenue and N.W. 18th Avenue. The "right turn only" sign was installed to prevent vehicles on N.W. 18th Avenue from making left turns onto eastbound Atlantic Avenue, due to the intersection's proximity to the railroad tracks, 1-95 interchange, and the Atlantic/Congress intersection. With the restriction to right turn only at N.W. 18th Avenue and Atlantic Avenue all trips desiring to go eastbound on Atlantic Avenue from the site must first go west and make a u-turn at Congress and Atlantic Avenue. An analysis of the westbound left turn storage during peak hours was conducted on Wednesday May 7th and Thursday May 8th. The results of the analysis indicate that in the AM peak hour (7:30 AM to 8:30 AM) the left turn lane storage is inadequate (overflows into westbound travel lanes) an average of 20 out of 25 cycles or 80% of the time. In the PM peak (4:30 PM to 5:30 PM) the left turn storage fails an average of 5 of 25 cycles or approximately 20% of the time. The traffic study submitted with this proposal indicates that the traffic distribution will be primarily from 1-95 to and from the site. However, as previously indicated, eastbound traffic must first go west and make a u-turn, thus impacting the Congress/Atlantic intersection. The applicant argues that since the proposed use will operate at night it will not affect the intersection at these peak hours. Again, a rezoning cannot be tied to a single use, therefore it must be evaluated in terms of all potential uses, many of which could significantly affect this intersection at peak hours. Further, while project distribution may change given the different uses it is anticipated a general commercial use will generate more trips than uses allowed under the existing zoning and therefore increase impacts on this intersection. Given the current operating conditions at the intersection adoption of any land use designation or zoning designation which intensifies the traffic volumes in this area is inappropriate. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 8 Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the proposed commercial use would be equal to or slightly greater than trash generated from the uses allowed by the applicable zoning districts of the Commerce land use designation (MIC, PCC, LI, RT). The development of these properties under the General Commercial land use designation should not create an adverse impact on this level of service standard. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.3.2 (Star~dards for Rezonin_a Actions): Standards A and B are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MiC to GC Page 9 increasing the depth of the commercial zoning in order to provide for better project design. The proposed GC zoning would allow inappropriate commercial zoning on a developed parcel of land. The subject property is one parcel of an overall 3 parcel subdivision with an overall width of 670 feet and a depth of only 100 feet. The properties currently have back-out parking onto N.W. 18th Avenue, and substandard parking lots between the buildings. As all the properties are developed and are located between the CSX railroad and N.W. 18th Avenue, there is no ability to aggregate additional land to provide a well-planned commercial development. Thus, rezoning the property to GC would be inconsistent with this performance standard. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The properties to the north, south and west are industrial in character and are zoned MIC, while to the east is zoned GC, and contains a contactor's office. Compatibility with the adjacent industrial uses is a concern. As previously stated under the Future Land Use Map Analysis of this report, the GC zoning designation allows uses that are much more intense than those allowed in the MIC zone district. Given the limited on-site parking that is available, and the potential conflicts between commercial and industrial traffic, a positive finding with respect to this standard cannot be made. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)($) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; and, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a_o_oropriate for the property based upon circumstances particular to the site and/or neighborhood. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 10 The applicant has submitted a justification statement which states the following: · The subject property has operated as a farm supply store for the past forty- four years. The store was established when De/ray had a farming community and the location was appropriate. However, the urbanization of De/ray Beach makes current use inappropriate at this location. The property owner has seen At/antic Avenue expanded many times and developed as a commercial corridor. This request is to change a small O. 38 acre parcel of land to a commercial zoning reflecting the highest and best use of use of the property. There currently exists similar commercial zoning immediately to the east, and fronting on both sides of At/antic Avenue at three quadrants of the intersection of Congress Avenue. The other quadrant of Congress and Atlantic is also commercial zoned, PC. · The requested rezoning to GC is best suited for this small parcel and not planned commercial designations. · The requested zoning district is intended for applications on arterials such as At/antic Avenue. · This request is compatible with adjacent areas. · No residential areas will be disturbed. · Current regulations permit uses which will generate more traffic than the proposed use. · The proposed use wi//upgrade the frontage along the major entryway of De/ray Beach. · The applicant will voluntarily limit the hours of operation to night time only to reduce traffic impacts. Commenh The justification statement appears to address Items "b" and "c" as the basis for which the rezoning should be granted -- that there has been a change in circumstances which make the current zoning inappropriate, the rezoning is of similar intensity as allowed under the Future Land Use Map and it is more appropriate for the property based upon circumstances particular to the site. Those arguments are discussed below. The change in circumstances referred to by the applicant is that the urbanization of the City has made a farm supply store obsolete. This argument might make sense if the property were zoned Agricultural and had uses limited to agricultural related activities. However, that is clearly not the case in this situation. The property has a land use and zoning designation that allows for a variety of other uses. It is located in an industrial area with a number of viable businesses that have been successfully operating for many years. The applicant's argument is applicable only to the use that is currently occupying the building. A change in the economic circumstances of a particular business is not a valid basis to alter the land use and zoning designations of the Planning and Zoning Board Staff Report Small-Scale FLUM Amendmen( from Commerce to General Commercial and Rezoning from MIC to GC Page 11 property on which it is located. The fact that Delray Beach has become more urbanized makes those industrial uses more valuable to the City's continued economic health. The purpose and intent of the GC zone district states that the GC zoning is appropriate for small parcels which are best suited for general retail and office uses, and along arterial and collector streets. However, this argument cannot be used to support the establishment of a 7,173 sq.ft, night club or restaurant on a parcel that is less than a half an acre in size. Further, while the property fronts an arterial street, it is only accessible from a local street containing industrial uses. As the property is within an industrial area and contains minimal parking, it is not well-suited for general commercial uses. Compatibility of the GC zoning with the adjacent MIC zoning and uses must also be taken into consideration as discussed previously in this report. With regard to traffic, the applicant's contention that the MIC zone district contains permitted uses that will generate more traffic that the proposed night club use is not valid. As noted in the section of the report dealing with traffic, most of the uses allowed in GC zoning are much higher traffic generators than industrial type uses. With regard to the statement that the use will upgrade the property frontage, it is noted that landscape upgrades were required as part of the subdivision plat approved in 1994, however, that landscaping has not been installed. Finally, the offer by the applicant to voluntarily limit the hours of operation is unenforceable as a condition of a rezoning. Once the property is rezoned, any of the uses permitted in the GC district may apply to establish at this location, and the City would have no ability to restrict the hours of operation. Based upon the above, a finding cannot be made that the rezoning fulfills any of the reasons for which a rezoning should be granted. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Parkina The existing development has 3 separate parcels which share 28 parking spaces. This is accomplished through cross-access easements and a cross-parking agreement between the 3 parcels. However, while 28 spaces are available, a total of 96 spaces is required by code to accommodate the current uses. Thus, there is an existing deficiency of 68 spaces. Uses allowed in the GC zoning district typically have a higher parking requirement than industrial uses. For example, pursuant to LDR Section 4.6.9(C)(5)(a), industrial uses require 3 spaces per 1,000 sq.ft., and I space for each 1,000 sq.ft, of storage area. By contrast, restaurants, night clubs and lounges are required to provide 12 spaces per 1,000 sq.ft, up to 6,000 sq.ft., then 15 spaces per 1,000 sq.ft, over 6,000 sq.ft. Based upon the above, the proposed night club requires 90 parking spaces. Assuming that a third of the 28 existing spaces (9 spaces) are allocated to the subject property, the on-site parking deficiency would increase to 149 spaces. The applicant proposes to provide required parking off-site via an off-site Planning and Zoning Board ~taff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 12 parking agreement with the Eastern Auto Care Center/NTW Tires development on the west side of N.W. 18th Avenue. The justification for utilizing the off-site spaces is based upon the different hours of operation between the night club and the industrial uses. Pursuant to LDR Section 4.6.9(E)(5), an off-site parking agreement may be approved so long as it provides that "the land comprising the alternate off-street parking area shall never be disposed of except in conjunction with the transfer or sale of the building which the parking area is intended to serve, so long as the parking facilities are required". The agreement must run with the land and is binding on owners, successors, heirs, administrators and assigns. In brief, the agreement ties the properties together and they cannot be sold separately for as long as the parking need exists. For this reason, off-site parking agreements to utilize private property have been very difficult to obtain. As previously noted, the proposed GC zoning allows a variety of uses with operating hours similar to the industrial uses which would create conflicts among users of the parking spaces. In essence, the City is being asked to change the land use and zoning designation of this parcel to allow a use that will create a far greater parking demand than the current zoning allows, on a site that is already severely deficient in parking. This request is to be based on the submission and approval of an agreement that will legally bind the subject property to the adjacent industrial property, and proposes to limit the hours of operation accordingly. The City would be responsible for enforcing this agreement. If the property owners decided to dissolve the agreement, the City will be left with a parcel that has a commercial zoning designation and severe parking shortage. The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). S.~ecial Courtesy and Neighborhood Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: El Chatelaine El Rainberry Lake E! Delray Shores El Rainberry Woods South El Hamlet El Sherwood Forest El High Point Sections 1-7 El The Sudan El Highland Trailer Park El Sunset Pines El Pines of Delray North El United Property Owners El Presidents Council El Windy Creek El Progressive Residents of Delray (PROD) El Woodlake El Rainberry Bay Planning and Zoning Board ~;taff Re'port Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 13 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. With the Future Land Use Map Amendment from Commerce to General Commercial positive findings with respect to compatibility are unable to be made. The proposal does not comply with Future Land Use Element Policies A-1.4 and A-1.6, and Traffic Element Policy A-5.3. The proposed FLUM amendment will reduce the City's "Commerce" land use inventory, will accommodate a zoning designation that will compete with the City's Central Business District, and will further commercialize the Atlantic and Congress Avenues intersection. Compatibility of the GC zoning and its potential uses with the adjacent industrial uses is a concern, especially with regard to traffic and parking impacts. Eastbound vehicles are required to first head westbound on Atlantic, and then make u-turns at the intersection of Atlantic and Congress. There are concerns that a general commercial use at this location will severely impact the stacking distance (queuing) of the westbound left turn lane at the Congress and Atlantic intersection. The stacking distance of the turn lane is insufficient to accommodate the traffic volumes generated by the commercial use. Further, the ability to expand the turn lane (lengthening storage capacity) is limited as the turn lane for N.W. 18th Avenue begins just east of the left turn lane. The site is part of an industrial development that was constructed under antiquated development standards and does not conform to current code requirements. Most significant of these is the parking deficiency of 68 spaces. The existing deficiencies will only be exacerbated by an intensification of the uses. The conversion of the existing wholesale/retail building to a night club, will increase the on-site parking shortage to 149 spaces. While the applicant has offered to limit the hours of operation and provide off-site parking agreements, limiting the hours of operation and the uses is not enforceable. Off-site parking agreements restrict the long-term use and marketability of the properties involved and should not be used to justify a zoning change. Finally, a positive finding cannot be made with regard to any of the three reasons listed in LDR Section 2.4.5(D)(5) for which a rezoning should be granted. A change in the economic circumstances of a particular business is not a valid basis to alter the land use and zoning designations of the property on which it is located. There are other permitted uses in the MIC zone district that can be accommodated and would be viable at this location. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from Commerce to General Commercial and Rezoning from MIC to GC Page 14 ^. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Commerce to General Commercial, and the rezoning request from MIC to GC based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b) and (c). C. Recommend denial of the Future Land Use Map Amendment from Commerce to General Commercial, and the rezoning request from MIC to GC based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5), and based upon deficiencies in the storage capacity of the turn lane at the Congress Avenue and Atlantic Avenue intersection, and deficiencies in on-site parking that is available for the subject property. Recommend to the City Commission denial of the Small-Scale Future Land Use Map Amendment from Commerce to General Commercial and the rezoning request from MIC to GC based upon a failure to make positive findings with respect to Future Land Use Element Policies A-1.4 and A-1.6, and Traffic Element Policy A-5.3 of the Comprehensive Plan, LDR Section 3.3.2(C) (Performance Standards), and LDR Section 2.4.5(D)(5) (Findings), and based upon deficiencies in the storage capacity of the turn lane at the Congress Avenue and Atlantic Avenue intersection, and deficiencies in on-site parking that is available for the subject property. Attachments: Future Land Use Map Zoning Map Survey ~WEST R/W LINE ti 'OWEN'S COMMERCIAL /c.s.x. ea,.,oAo SUBDIVISION'i3o.131, P.B.C.R.! (P.B. 74, PGS. '1 I ,~Asr ,/w ~[ LOT 2 ROADWAY I STORY C.B.S. OYERH~D WAREHOUSE y WIRES I 63,40' OVERHEAD~ WIRES '~ , STF~°S ~ $' CHAIN ~ ASPHALT LI,aC FENCE LIlaC FENCE P'I DRIVEWAY 0.6' WEST %' mON FOUNO ,~,,s ,'c,, \I N89'30'36'E I 94.$1'm'-AT) 94.74' ..R.) I I (P.B, 74, PGS. 130-L]I, P,,B,C.RJ I-- K~s ec~ ~ PAD . ~1/._ ...... POW~ P~E ~RO~i i ~ST ~ PR~T COHCRETE FOOTE ~AHT 6~'~ 0.50' ~ST OF v~vE ~ ~ LOT I i ', ~ ~ ~ , ' I I ' ~ I STORY C.B.S. ANO METAL CO~CTOR I, ~ WAREHOUSE ,' EN~OlCr ~ ~NC WALK CO~ C~C WA~ i 0.43' ~ST OF PROP~ CENTE~; L~E 6' CHA~ ASPHALT LINK FE~ · ~ F~CE ~IVEWAY 0,4' ~ST S.I. C~R PCP ~. 2580 S~ ~ ~ART~ ~ THE ~ I ~ ~ ~ 5.~ OFF~T ~RTH ....... ~ ~L ..__..__~ F~O P~. H~ ELEC.. ~ ~AS~ BOX ~HT P~E c~m~ 2' C~ETE rOlO ~' "ON "00 CURB A GUTT~ - w,~ c~ Ho. 258o k~~C I'IR'~' 23 '97 18:4~ ~EItlt~$ P ~OEHLER, P.fl. ) P.1 LAW OFFICES DENNIS P. KOEHLER, P.A. Congress Business Center 1280 North Congress Avenue, Suite 104 West Palm Beach, Florida 33409 Telephone: (561) 684-2844 Facsimile: (561) 684-9370 -_ .FAX, COVER SHEET. ~ · . ~50- 8.~,~i'7 LOCAL: LONG DISTANCE: ~ CHARGE TO: ~ NO. OF PAGES: ~ PLUS COVER SHEET DATE & TIME OF TRANSMISSION: ~_~__~7 · INITIALS OF P~SON SE~ING FAX: ~ 16:41 DEftliI$ P I<OEHLER, P.R." P.:--' LAW OFFICES I e11111 I ( elller, C.<~ngre,a 8ualne~ Center 1280 Noflh Congreaa Avenue. Suite 104 Wast Palm Beach, Flodda 33409 Telephone: (581) ~84-2~44 BY PAX __ Facsimile: (661) 6~4-g370 May 23, 1997 Hon. Jay Alperin, Mayor CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: OWENS-SHINE applications for Comprehensive Plan Amendment, Rezoning (Country and western nightclub) - DELRAY BEACH FARM SUPPLY, INC. property Dear Mayor Alpertn: I'm writing this letter to advise you that although your Planning & zoning Board Chairman Mr. Bill Schwartz described our presentation last Monday evening (May 19) as "the best he's ever seen," we were ultimately unsuccessful in seeking the P&Z Board's recommendation of approval in the referenced matter. Particularly frustrating to me was City staff's refusal to take seriously our central argument: That by voluntarily imposing deed restrictions on this very small (0.39 acre) parcel, limiting its CG use to a nightclub open to the public during evening hours only, the "parade o~n6rrlbly unacceptable impacts,, offered by st~'{f a's reasons for rejecting our proposals would be eliminated completely. As will±am Shakespeare might have put it, staff's report was "much ado about nothingl" tit's frankly galling to me as a veteran land use attorney to see government planners go so far out of their way to trash what promises to be a most exciting development project. ] It's true that I did not vigorously attack the staff report during the Planning & Zoning Board meeting on May 19. We chose instead to focus on the positive merits of our project. But obviously, that wasn't enough for the Planning & zoning Board, even though several of the members appeared to vote reluctantly with the maJ ority. I will keep you posted as my clients and our development team intensify our efforts to make our requests acceptable to you and the other members of the City Commissio~w~ Koehler ~.squire Dern~iS ~. , DPK/ns pc: MS. Helen Owens Mr. David Shine Ben S. Kennedy, Esq. Mr. Jim Kahn, KEITH & SCHNAR$ _IUII 13 '9? li:16 Z,E~I~I'S P t,O£H~P,. P.~." LAW OFFICES DENNIS P. KOEHLER P A Congress Business Center 1280 North Congress Avenue, Suite Wes% Palm Beach, Florida 33409 Telephone: (561) 684-2844 Facsimile: (561) 684-9370 FAX COVER SHEET TO :~ ' ' FROM: DE~IS P. KO~HLER¢ ESQUIR~ LOCA~: ~ LONG C~RG~ TO: INITZALS OF PERSOR SENDING FAX: ~. ~, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # /~'~. - MEETING OF JI/NE 17, 1997 ORDINANCE NO. 26-97: DATE: JUNE 13, 1997 This is first readin9 for Ordinance No. 26-97 designating the Trinity Evangelical Lutheran Church Chapel, located at 400 N. Swinton Avenue as a local historic site to be listed in the Local Register of Historic Places. Constructed in 1904 the chapel is the oldest existing church building in the City. In 1965 the building was moved from its original site on the southeast corner of N.E. 1st Street and 5th Avenue to its present location. The building served as the congregation's place of worship until the new church was constructed in 1971. Since that time it has been used as the library for the Lutheran School and as a temporary home for the Haitian Emmanuel Lutheran congregation. The chapel is the only building in the complex being considered for historic designation. The Historic Preservation Board considered this item at a Public Hearing on June 4, 1997 and voted unanimously to recommend historic designation. Recommend approval of Ordinance No. 26-97 on first reading. If passed, the Public Hearing will be July 1, 1997. ORDINANCE N0.~5.7~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, LOCATED AT 400 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL. HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, the Trinity Evangelical Lutheran Church of the City of Delray Beach initiated the nomination of the property hereinafter described for historic designation, and a designation report was subsequently prepared; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the historic designation on June 4, 1997, and voted unanimously to recommend that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the ' designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, to-wit: THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East 1/2 of Lot 12, Section 8-46-34, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 26-97 II. LOCATION MAP NmW. 9TH ST. ! I - i , N.W. 7'TH ST. LAKE TERR. N.W. 6TH ST. N.E, 6TN ST. ~ N.E. 5TH WOOD LANE KIN{ LYNN N.E. 5TH CT. -- CH~P~./ LIBRARY SCOUT L--alm~u N.E. 5'rH ST, HUT TRINITY ~ LUTHERAN D-- L--tlIIII L A K. E I D A R 0 A D N,E. 4TH ST. CASON _ METHODIST CHURCH i ~ W 3RD . ST. , N.E. 3RD ST. ~' ~' CITY ', ',,, ~ ATTORNEYj[.___~[___.~ ~ N TRINITY EVANGELICAL LUTHERAN CHURCH I ~ -CHAPEL/LIBRARY LOCATION- PLANNING DI~PARTMrN T c~ o~ ~L.^Y ~[^CH. rL A-SANCTUARY B-FELLOWSHIP HALL D-CLASSROOMS -- DIG17',41. ~4_~ J,44P SY~l"['/,/ -- MAP REF: LMA.32 THRU: DIANE DOMINGUEZ, DIREC..T-OR DEPARTMENT OF PLANNING AND ZONING ERVATION ' FROM:PAT AYCE, HIS ORI RE PLANNER SUBJECT: MEETING OF JUNE 17, '1997 FIRST READING OF AN ORDINANCE TO DESIGNATE THE TRINITY LUTHERAN CHAPEL, 400 N. SWINTON AVENUE TO THE LOCAL REGISTER OF HISTORIC PLACES. ................................................................ ii ......... iii'"' ii ...... i"" ........................................................ ii i'"i"i ........... '""'i .................. ~'i?"' '" ..... · The action requested of the City Commission is that of a.D.~roval on first reading of an ordinance designating the Trinity Lutheran Chapel to the Local Register of Historic Places. Constructed in 1904 as the house of worship for the Trinity Evangelical Lutheran Church of Delray, the chapel is the oldest existing church building in the City. The building was moved from its original site on the southeast corner of N.E. 1st Street and N.E. 5th Avenue to its present location, 400 N. Swinton Avenue, in 1965 and served as the congregation's place of worship until the new church was constructed in 1971. Since 1971 it has been used as library for the Trinity Lutheran School as well as a temporary home for the Haitian Emmanuel Lutheran Congregation. In 1938 the simple wood vernacular church was remodeled and enlarged by the addition of a vestibule, decorative entrance steps and a rear extension. The ,building's exterior was stuccoed and five decorative buttresses were added to the north and south elevations. Beginning in 1940, with the gift of one stained glass window, the church began to replace the original double hung windows. The beautiful stained glass panels which now grace all of the window openings were installed, over time, as they were donated to the church. Though enlarged City Commission Documentation Trinity Lutheran Chapel, Historic Status Page 2 by the front and rear additions during the 1938 renovation, the chapel retains a great deal of its original vernacular feeling and appearance. Trinity Lutheran Chapel is located on a portion of the Trinity Evangelical Lutheran Church complex and is zoned Community Facility (CF). The legal description of the church complex is Section 8-46-34, Delray Beach, East 1/2 of Lot 12. The chapel is the only building in the complex being considered for historic designation. If the church complex expands requiring relocation of the chapel on the church property no loss of historic status will occur. The church initiated the request for the chapel's designation. Additional background and analysis is provided in the attached designation Report. The Historic Preservation Board considered this item at a Public Hearing on June 4, 1997. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. By motion, approve the ordinance designating the Trinity Lutheran Chapel, 400 N. Swinton Avenue, to the Local Register of Historic Places Attachment: Trinity Lutheran Chapel Designation Report. file/u/ww/trin-ccd DESIGNATION REPORT TRINITY LUTHERAN CHURCH CHAPEL/LIBRARY HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA -1- DESIGNATION REPORT TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III.EXECUTIVE SUMMARY IV. ARCHITECTURAL SIGNIFICANCE V. HISTORICAL AND CULTURAL SIGNIFICANCE VI. STATEMENT OF SIGNIFICANCE VII.BIBLIOGRAPHY AND SOURCES -2- I. GENERAL INFORMATION Present Location: 400 North Swinton Avenue, Delray Beach, Palm Beach County, Florida. Moved to present location in 1965. Original Location: Southeast corner of N.E. 1st Street and N.E. 5th Avenue; Block 110, Lots 1 & 2. Date of Construction: 1904 Architect: Unknown Builder: Constructed by the men of the congregation, under ~" the direction of the Building Committee; Mr. Adolph Hoffman, Mr. C.H. Miller and Mr. J.S. Wuepper Present Owner: Trinity Evangelical Lutheran Church Present Use: School Library and Temporary Chapel for the Haitian Emmanuel Congregation Present Zoning: Community Facility (CF) Legal Description: The Chapel is located on a portion of the Tdnity Lutheran Church complex; Section 8-46-34, Delray Beach, East 1/2 of Lot 12. The chapel is the only building in the church complex being considered for historic designation. If the church complex expands, requiring relocation of the chapel on the church property, no loss of historic status will occur. Property Control Number: 12-43-46-08-21-000-1340 Classification for Designation: Architectural and Social Significance -3- III. EXECUTIVE SUMMARY Constructed in 1904 as the house of worship for the Trinity Evangelical Lutheran Church of Delray, the chapel is the oldest existing 'church building in the City. The building was moved from its original site.on the southeast comer of N.E. 1st Street and N.E. 5th Avenue to its present location, 400 N. Swinton Avenue, in 1965 and served as the congregation's place of worship until the new church was constructed in 1971. Since 1971 it has been used as library for the Trinity Lutheran School as well as a temporary home for the Haitian Emmanuel Lutheran Congregation. In 1938 the simple wood vernacular church was remodeled and enlarged by the addition of a vestibule, decorative entrance steps and a rear extension. The building's exterior was stuccoed and five decorative buttresses were added to the north and south elevations. Beginning in 1940, with the gift of one stained glass window, the church began to replace the original double hung windows. The beautiful stained glass panels which now grace all of the window openings were installed, over time, as they were donated to the church. Though enlarged by the front and rear additions during the 1938 renovation, the chapel retains its odginal window openings, front door location and roof pitch. IV. ,~.RCHITECTURAL SIGNIFICANCE The Trinity Lutheran Chapel is the oldest existing church building in the City. The chapel, as it is referred to today, was constructed as the church and original house of worship for the Trinity Lutheran Congregation of Delray Beach. The church was constructed in 1904 and was originally located at the southeast corner of N.E. 1st Street and N.E. 5th Avenue. Twenty two feet wide, fifty feet long and twelve feet high, the building was built as a wood frame vernacular structure with wood clapboard siding and set on a pier foundation. The front elevation faced west and had centered double doors with two windows flanking the entrance doors. Four wooden steps, without a railing, led to the double doors. The roof was a single gable running east and west and was surfaced with wood shingles. The roof overhang was minimal and no shelter was provided over the entrance doors. The north elevation had four symmetrically spaced windows and the south elevation was identical. There are no photographs tO indicate the original east (rear) elevation. The land on which the chUrch first stood, Lots 1 and 2 of Block 110, was purchased for $75 from Henry Biackmer, a surveyor who came from Michigan with the first white settlers in 1895. Mr. Biackmer then donated one half of the price of the lots, $37.50, to the church building fund. Henry Flagler, founder of the Florida East Coast Railroad also donated $100 to the fund. It was Flagler's policy to donate land or funds to establish religious institutions in the towns through which his railroad was expanding. The chapel was constructed by the -5- men of the congregation under the direction of the building committee; Mr. Adolph Hoffman, Mrr C.H. Miller and Mr. J.S. Wuepper. The total cost of construction was estimated and budgeted for $950. Construction began in August of 1904 and the building was completed by December of the same year, when the first child of the congregation, William Hoffman, was baptized on December 4, 1904. The interior of the church was finished with painted wood paneling and a used organ was purchased from. Mr. Stiding of the Stirling Commissary for $15. When the church was built, the congregation could not afford to buy standard pews so simple wood benches were built. Later, backs were installed on the benches for the ladies' side of the aisle, however, the men found the benches with backs much more comfortable and from time to time they too used the ladies' pews. In 1913 Mr. Wuepper, of the building committee, was asked to construct backs for all of the pew benches. Electricity came to Delray in 1914, and by 1915 the church was electrified for a cost of less than $25. In 1919 Tdnity decided to lay a sidewalk 50' in length in front of the church "providing the town would give a quit claim deed not to collect any more money from the church". Also in 1919 the congregation started collecting money to build a steeple, thus reviving a resolution passed two years earlier, unfortunately, though the proposal was revisited many times, the steeple was never constructed. In 1923 the congregation replaced the 19 year old roof but not with wood shingles, as in 1916 after a sedous fire, the City required that all roofs be clad in metal, tile or a composition material. On Sunday afternoon, September 16th the disastrous hurricane of 1928 struck and the church was tilted off its foundation. This caused such serious damage that the congregation voted to demolish the building. Just as demolition was to occur, along came a Mr. Reed from Miami who offered to repair the church for $400. When the work was completed it was felt that the restored structure was sounder than it was before the hurricane damage. Sometime after 1932 a photograph of the south elevation shows that the rectangular windows of the church's south elevation had been given a decorative Gothic arched header, which leads to speculation that this trim was added to the north elevation as well. In 1938, with the Great Depression on the wane, the congregation began a building fund to construct a new and larger church. Plans, in the Gothic Revival style, were drawn up by Samuel Ogren, Delray's most prominent and prolific architect, the new building was to cost $12,000. However, the new building was never constructed as only $500 in pledges could be raised and it had been decided that the work could not be started until $3,000 was pledged. By July of '1938 it was decided to remodel the old building once more. The building was moved slightly to the rear of the lot and a new vestibule, with a secondary gable roof, was added to the front elevation and the church was enlarged to the rear with an additional window constructed on both the north and south elevations. Five decorative buttresses were added to the north and south facades and the -6- exterior of the building was stuccoed. The cornerstone for the remodeled church was laid on July 31, 1938. With the completion of the landscaping, which was donated by a member of the congregation, Mike Blank of Blank's Nursery, Trinity Church had a totally new look. The chapel's beautiful stained glass windows were installed as they were donated starting in 1940 when the first window, depicting Christ in Gethsemane, was presented by Mr. and Mrs. John Schoeller. It is in the shape of a Gothic arch and is located directly over the altar. There are five 30' x 67' rectangular windows on each side wall of the chapel and all have an unusual 8" high hinged transom opening at the bottom of the window to allow for cross ventilation, in the days before air conditioning. The windows depict scenes from the Bible and the donor or the commemorative is listed when shown. From Front to Rear South Wall North Wall The Children in the Meadow The Good Shepherd Commemorative, Adolf Hofman Calming the Waters on the Sea of Storm on the Sea of Galilee Galilee Commemorative, Rev & Mrs. Arno Thieme Christ is Risen Mary at the Tomb of Christ Donor, Mr. & Mrs. John Schoeller Donor, Rose Marie & Fredrick Wriedt John Baptizing Christ Teaching in the Temple Donor, Mr. and Mrs. John Schoeller Angel Guiding the Shepherds Christ in the Manger Donor, Tdnity Walther League Donor, Mr. & Mrs. John Blank It is interesting to note that the windows bear a subject theme in pairs across the aisle from each other. For example the Good Shepherd across from The Children in the Meadow; Storm on the Sea of Galilee across from Calming the Waters on the Sea of Galilee. 'The vestibule has two small 12" x 46" windows on either side of the front entrance doors. On the north is Christ with a Lantern, or Light of the World and on the south is Christ Welcoming the Flock. In the vestry to the north of the altar are two 30" x 67" windows with geometric stained glass panes; one located on the north elevation and one on the west. -7- Unfortunately, at the time of this report the stained glass artist remains unknown. Though the windows appear to be, by coloring, design and technique, the work of one firm, further research will be needed to determine their odgin. The church sustained minimal damage, $500 worth of repairs, during the hurricane of 1947 and otherwise remained in stable condition till its relocation to its current site in 1965. V. HISTORICAL AND CULTURAL SIGNIFICANCE Adolf Hofman was the first person of the Lutheran faith in the area. He was bom in Germany and, while a student at an agricultural college in Stuttgart, became aware of the unique farming opportunities in south Flodda. He and his friend, Frank Hailer, a Roman Catholic, decided to migrate to Florida and arrived in Delray Beach (formerly Town of Linton) in 1895 the same year that the first Michigan settlers arrived, and only one year after the area had been purchased by William Linton. During the next few years Mr. and Mrs. Hofman constructed a house on N.E. 7th Avenue and Mr. Hofrnan conducted Lutheran readings at their home. In 1898 an ordained Lutheran minister held services for the first time ever in Delray. As only one minister served the southern half of the state, official services were held on an annual and sometimes semiannual basis. A number of the early Michigan pioneers were members of the Lutheran faith, thus greatly expanding the little congregation as they continued to settle in Delray. On July 17, 1904, dudng a reading at the J.S. Wuepper's home, the little group of worshipers determined to establish a formal congregation for the purpose of building a church and requesting a resident pastor from the Lutheran Church-Missouri Synod. On August 11, 1904 the' congregation decided on a name, ~nd as the readings and services were held in the German language, the following name was proposed, "Evangelische Lutherische Dreieinigkeits Gemeinde, Delray Florida", (Tdnity Evangelical Lutheran Church of Delray, Florida, the name of the town was changed from Linton to Delray in 1901). While the church was under construction in 1904 the congregation decided to rent a small house nearby to use as a school for the children. The children were to attend public school in the mornings and in the afternoon to receive instructi°n in religion and in the German language from the pastor. German was the usual language for church serviceS, with English services held from time to time, until the outbreak of W.W.I. Though only on a part time basis, this can be construed 'as the real beginning of the parochial school movement in Delray. The German language school closed at the outbreak of W.W.I, however the congregation had always harbored a desire to open a church sponsored school as an alternative to public school. In September of 1948 a new school was -8- opened in the parish house directly south of the church, thirty three students in kindergarten and first grade were enrolled By 1952 the school conducted classes through 4th grade with more than sixty pupils enrolled, and by 1955 a separate school had been erected on property to the south of the church. However, within a few years it was apparent that more room was needed for the school, and the church purchased its present property, which consisted of the Weir estate at the corner of N.W. 4th Street and Swinton Avenue and the hydroponic vegetable farm owned by Dr. K. M. Davis which was just to the west. In 1963 the groundbreaking ceremony for the new school took place. In 1965 the congregation put its property on N.E. 5th Avenue up for sale and the church was moved to the Swinton Avenue site and served as the congregation's house of worship until a new church was constructed in 1971. The original church became known as the chapel and is used as a library and for the school, and for the past several years has served as an interim house of worship for the Haitian Emmanuel Lutheran Congregation. VI. STATEMENT OF SIGNIFICANCE Trinity Lutheran Chapel is the oldest existing church building in the City. With the exception of the vestibule and the rear addition which were added in 1938, the footprint of the original structure is intact. The side elevations retain their original fenestration patterns except for the two windows which were added with the rear addition. Though the building has been stuccoed and the original windows have been replaced with stained glass, the simple interior presents the visitor with a visual reminder, in both size and proportion, of the City's early vernacular church architecture and reinforces the role religion played in the life of the pioneers of the City. The City had other early churches in the same vemacular style, however this is the only remaining example of 'the genre. Historically, it is important to note that it was in this building that the congregation voted to establish a church school in 1904, thus, though only on a part time basis, establishing the first parochial school in the City. The Trinity Chapel, for its architectural, historical and cultural associations with the eady beginnings of the City, from pioneering days to the present, is worthy of the protection and consideration afforded it by designation to the Local Register of Historic Places. Criteria for Designation To qualify as an historic district the properties must fulfill one or more of the criteria set forth in LDR Section 4.5.1(B)(2) or (3). Tdnity Lutheran Chapel more than meets the criteria for designation and fulfills the qualifications as follows: Section 4.5.1(B)(2) A building will be deemed to have historical or cultural significance if it meets one or more of the following criteria: -9- (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history. · The chapel exemplifies the social and cultural importance of religious institutions in the development of the community. The chapel was constructed only nine years after the first settlers arrived in the south Florida wildemess. (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the City. · The chapel is significant for its association with the Trinity Lutheran Church of Delray Beach. Additionally, it was the congregations desire to establish a church school which began the parochial school movement in the City. Section 4.5.1(B)(3) ^ building is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles. · The chapel's original simple unadorned vemacular style is typical of the construction methods in the early years of the community. (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction. · The chapel, as originally constructed, incorporated all of the characteristics of the City's early vemacular style. As it stands today it represents, through it's decorative buttresses and stained glass windows, the ideals of Gothic revival ecclesiastical architecture which was popular in the 1930s. It is also an example of a simple building which was renovated to reflect the changing social mores while creating additional space for the growing congregation. -10- VII. BIBLIOGRAPHY AND SOURCES Kuolt, Milton G. SeVerity-Five Years of Memories, Trinity_ Evangelical Lutheran Church, Delray Beach, Florida. Hackensack, NJ. Custom Books, Inc. Britt, Lora Sinks. M_v Gold Coast. South Florida in the Earlier Years. Palatka, Florida, Brittany House Publishers. Information for Home Seekers. Picturesque Delray. 1915, Delray Beach, FL. Delray Beach N~ws Jourrl~l, March 4, 1938 Delray Beach News Journal, July, 8, 1938 Report prepared March, 1997 by Patricia Cayce, Histodc Preservation Planner, City of Delray Beach. file/u/cayce/wwltrinity -11 - ~./1'i ~,1,.,-,..?, r-' · I,I so' . .ii ---. ~o' i.'1~ ,l~..e ~ ~ ~oa ~l~j ~-,, MAPPING & ~EO~RAPHIc INFORMATION N ~HIS SANBORN MAP I$ A C~ItlIrlED ~'--~' -- ~ ~OOUCEO BY ~NBOitN FIlOM 115 Z -"~ ;~'" The Church and Parsonage-About 1009 Trinity lutheran Church alrter the 1928 Hurricane T~inity Lt~theran Church about 1932 MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM # ~.~.- REGULAR MEETING OF JUNE 17, 1997 FIRST READING FOR ORDINANCE NO. 27-97 (PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA) DATE: JUNE 13, 1997 ACTION: City Commission is requested to approve on first reading Ordinance No. 27-97 amending City Code Chapter 73, "Parking Schedules", Schedule I., subsections (A) (2) and (3) to change the parking limit for approximately the south 60 feet of the Worthing Park lot from two hours to eight hours, and to add parking hour limits to the area along the east side of the F.E.C. Railway tracks. BACKGROUND: In January, the parking hour limit in the Worthing Park lot was changed from four hours to two hours. Since that time, the Parking Management Team has received numerous requests from business owners in this area to at least make part of this lot 8-hour parking so that their employees would have a place to park. In addition, the area along the east side of the F.E.C. railroad tracks was never assigned parking limits. Commission is being requested to amend the ordinance to accommodate these changes. RECOMMENDATION: Staff recommends approval of Ordinance No. 27-97 on first reading. If passed, a public hearing will be scheduled for July 1, 1997. ref:agmemo6 ORDINANCE NO. 27-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO REVISE PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA; PROVIDING A GENEP~AL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Parking Management Team and the Joint Venture have requested changes to the parking restrictions in the downtown area; and WHEREAS, the City Commission finds these changes to be in the best interests of the citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule I., Subsections (A) (2) and (3) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same are hereby amended to read as follows: (2) The two-hour parking restriction shall apply in the following described City-owned parking lots: Lot 8 and the south six inches (6") of Lot 9, and Lots 24 and 25, Block 92, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lots 14, 15 and 16, Block 101, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lot 16 and the north 26.33 feet of Lot 17, and Lots 8 and 9 (less the south 42.5 feet), Block 109, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. The south 60 feet of Lots 4 throuqh 6, inclusive, the north 16 feet of Lots 7 and 13, and includinq the east/west 16 foot alley, Block 77, Town of Delray. Parkinq spaces on the east side of the Florida East Coast (F.E.C.) Railway, 1yinq west of Lot 8, Block 92, Town of Delray. (3) The eight-hour parking restriction shall apply in the following described City-owned parking lots: / Lots 10-16, inclusive, and Lot 19/, Block 92, ~ Plat of the Town of Delray, Plat/Book 1, Page 3, according to the Public R~ords of Palm Beach County, Florida. / Lots 7-11, inclusive, Block 117, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lots 7 and 13, less the north 16 feet thereof, Block 77, Town of Delray. Parkinq spaces east of the Florida East Coast (F.E.C.) Railway, 1yinq west of Lots 9 throuqh 14, inclusive, Block 92. 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 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 this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. No. 27-97 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 27-97 '3A¥ H.L9 '3'N CINnOSFU_aON (t'ON '×H--S,'n) '3AY Hlg '3AY HlC:J '3'N (]NnOSHJ_nos (I,'ON 'AH '1' ,'" BOAteD CERTIFIED // 204 E. Atlantic Avenue OPTOMETRISTS Phone: (561) 278-4581 Delray Beach, FL 33444 Fax: (561) 276-6672 April 21, 1997 Dear Janet, As a business enity on Atlantic Avenue for almost fifty years we have supported most of the changes in the downtown. However, the recent change of the all- day parking lot, north of the two-hour parking lot immediately north of Worthing Park leaves surrounding business employees with no place to park. The forty spaces in this lot go unused all day (see pictures) while the thirty spaces in the two hour lot are rarely filled to capacity. Meanwhile, our employees are required to walk further and cross Atlantic Avenue while utilizing the "all day" lot west of Palm Beach Photographic Centre. We feel this is counter productive and request this lot be returned to "all day" status. This request is based on fairness, distribution, and most importantly utilization. Thank you for your consideration. Sin Carl C. ~arter, O.D. cc: Robert Barcinski Block 77 Parking Lot A. Two-Hour Parking: S. 60 Feet of Lots 4 to 6, N. 16 feet of Lots 7 & 13 & adjacent east-west 16' alley, Block 77, Town of Delray. B. Eight-Hour Parking: Lots 7 & 13 (less N. 16 Feet Road R/W), Block 77, Town of Delray Janet I. Onnen 220 NE 1" Street Delray Beach, Florida June 4, 1997 Mr. Bob Barsinski Assistant City Manager City of Delray Beach 100 NW 14 Avenue Delray Beach, FL 33444 Re: SE 2"~ Avenue Parking Lot Dear Bob: .... Prompted by the daytime merchants, the Parking Management Team approved a motion that would change the southern row of parking at the City-owned lot on SE 2"°Avenue from 2 hour parking to all-day parking. The PMT recognizes the future parking burden created by the Executive Mall but, in its efforts to remain time-sensitive, recommends this change. Please place this request before the City Commission for their recommendation. Sincerely, Chairperson, Parking Management Team JIO/dp cc: Michael Listick, DDA Members of the PMT: Rick Mouw, Meg Eaton, Robin Bird, Kevin Egan, Bruce Gimmy, Monty Helm, Norma Bannoura, Armand Mouw, Joe Gillie ~ ~ ~: . ~ ~:V, '.~ A,L.~ E ' ~,ELRA~ I;EACH, FLOP. IDA 33444 ~t~ ~ I l~*~ i::,-,',',A.[ 4o5 Writer's Direct Line: (561) 243-?~ DELRAY BEACH ~l.Amefica City ~MO~~ 1997 1993 TO: City Co~ission FROM: David N. Tolces, Assistant City Attom~ SUBJECT: Ordinance to Allow Walls as a Special Assessment Project Land Development Regulations Section 8.41 The City Attorney's Office drafted the attached ordinance which would permit the City to follow the special assessment process for the construction of walls or sound barriers which provide a barrier from public rights-of-way. The City may provide for the special assessment process pursuant to its Home Rule Powers. Adoption of this amendment to Section 8.4.1 permit the City to levy and collect the special assessment on properties benefiting from the privacy wall. The Planning & Zoning Board is considering this ordinance at its June 16, 1997 meeting. Therefore, there may be some suggested language changes. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager ORDINANCE NO. 2 8- 9 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", SECTION 8.4.1, "AUTHORITY TO MAKE SPECIAL ASSESSMENTS; EXCEPTIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA TO PROVIDE FOR THE CONSTRUCTION OF WALLS TO PROVIDE A BARRIER FROM PUBLIC RIGHTS-OF-WAY AS A PROJECT FOR WHICH THE CITY MAY LEVY AND COLLECT A SPECIAL ASSESSMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has the authority through its Home Rule Powers to construct public projects which benefit the citizens of the City of Delray Beach; and WHEREAS, the City Commission for the City of Delray Beach has the authority to impose special assessments on the lands which benefit from a public project by levying and collecting a special assessment; and WHEREAS, the City Commission for the City of Delray Beach desires to include as a potential special assessment project the construction of walls which run parallel to public rights-of-way; and WHEREAS, the City Commission of the City of Delray Beach finds that the construction of walls which run parallel to public rights-of-way is the types of project which improves the aesthetics of the City of Delray Beach and provides for the safety of the citizens of the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 8, "Special Implementation Programs," Article 8.4, "Public Improvements and Special Assessments," Section 8.4.1., "Authority to Make Special Assessments; Exceptions," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach be, and the same is hereby amended to read as follows: Section 8.4.1 Authority to Make Special Assessments: Exceptions: (A) The City Commission is authorized and empowered, in the manner herein provided, to cause any and all streets, highways, boulevards, avenues, lanes, alleys, and parks or any part thereof, to be graded, paved, repaved, surfaced, or resurfaced, and to cause curbs and gutters to be constructed therein, and to install associated street lighting and landscaping, and sanitary sewers, sewers, sewers, oubhc o~ .... ~ i9oflt~0flq6 storm and drains, and to construct walls as a barrier from _ ' ........ r-~ ~no .~ hig_-hw/~ys, boulevards, ave-ue~, lanes, and alleys, and to cause seawalls to be constructed or ~llcd4° reconstructed and to cause canals or other waterways to be laid and constructed, and dredged and to provide for the payment of the whole or any part of the cost thereof by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefited property. The amount assessed against the property benefited by these improvements shall not exceed the estimated benefits accruing to that property by reason of these public improvements. ~ That should any section or provision of this ordinance, or any portion thereof, or 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. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same ar,. hereby, repealed. ~ That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading priwalis.ord 2 ORD. NO. 28-97