12-04-12 Regular MeetingCity of Delray Beach
Regular Commission Meeting
RULES FOR PUBLIC PARTICIPATION
Tuesday,
December 4,
2012
Regular
Meeting 6:00
p.m.
Public
Hearings 7:00
p.m.
Delray Beach
City Hall
1. PUBLIC COMMENT : The public is encouraged to offer comments with t he order
of presentation being as follows: City Staff, publi c comments, Commission discussion
and official action. City Commission meetings are b usiness meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual will
be limited to three minutes or less . The Mayor or presiding officer has discretion to
adjust the amount of time allocated.
A.Public Hearings: Any citizen is entitled to speak o n 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 t he scope of jurisdiction of the
Commission under this section. The Commission may w ithhold comment or
direct the City Manager to take action on requests or comments.
C.Regular Agenda and First Reading Items: Public inpu t on agendaed items, other
than those that are specifically set for a formal p ublic hearing, shall be allowed
when agreed by consensus of the City Commission.
2. SIGN IN SHEET : Prior to the start of the Commission Meeting, ind ividuals
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 n ot 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. Th erefore, when you
come up to the podium to speak, please complete the sign-in sheet if you have not
already done so.
3. ADDRESSING THE COMMISSION : At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must be
addressed to the Commission as a body and not to in dividuals. Any person making
impertinent or slanderous remarks or who becomes bo isterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless
permission to continue or again address the Commiss ion is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appea l any decision made by the City
Commission with respect to any matter considered at this meeting, such person will
need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record.
100 N.W. 1st
Avenue
Delray Beach,
FL 33444
Phone: (561)
243-7000
Fax: (561)
243-3774
The City will furnish auxiliary aids and services t o afford an individual with a
disability an opportunity to participate in and enj oy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24
hours prior to the event in order for the City to a ccommondate your request.
Adaptive listening devices are available for meetin gs in the Commission
Chambers.
REGULAR MEETING AGENDA
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG
A.NONE
4. AGENDA APPROVAL
5. APPROVAL OF MINUTES:
A.November 6, 2012 – Regular Meeting
B.November 20, 2012 - Regular Meeting
6. PROCLAMATIONS:
A.NONE
7. PRESENTATIONS:
A.Dedication of the City Hall Time Capsule by the Del ray Beach Preservation Trust
B.Presentation of Match Point Trophy to the City of D elray Beach
C.Recognizing and commending Pauline Moody for her contributions and service in the
community
8. CONSENT AGENDA: City Manager Recommends Approval
A.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions
of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarterly Meeting of November 8, 2012.
B. ACCEPTANCE OF A SIDEWALK EASEMENT DEED/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Approve acceptance of a sidewalk
easement deed from the Community Redevelopment Agen cy (CRA) to provide public
access and give the City the right to maintain the sidewalk for the property located
along the east -west alley between N.W. 1 st Avenue and North Swinton Avenue .
C. AMENDMENT NO. 1 TO THE MAINTENANCE MEMORANDUM OF
AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDO T):
Approve Amendment No. 1 to the Maintenance Memorandum of A greement
(MMOA) with Florida Department of Transportation (F DOT) to allow the City
Manager or his designee to sign future amendments a nd include landscaping within
the FDOT right -of -way along SR A -1 -A .
D. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNI TY
REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF
CONSTRUCTION/PROFESSIONAL SERVICES FY 2012 -2013: Approve
Amendment No. 1 to the Interlocal Agreement for Fun ding of
Construction/Professional Services FY 2012 -2013 with the Community
Redevelopment Agency (CRA) to modify Item “D ” on Exhibit “A ”, to include the
Block 20 Alley improvements and increase the amount of funding from $100,000.00 to
$160,000.00.
1. Contract award to Rosso Paving and Grading, Inc., t he low bidder , in the amount
of $137,866.13 for construction of Block 19 and 20 Alley improvements;
contingent upon approval of Amendment No. 1 to the Interlocal Agreement with
the CRA. Funding is available from 334 -3162 -541 -68.60 (General Construction
Fund: Other Improvement/N.W. 12 th Avenue - Atlantic/MLK) and 448 -5461 -538 -
68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12 th Avenue –
Atlantic/MLK).
E. MODIFICATIONS TO CONTRACTOR PREQUALIFICATION PACKAG E:
Approve modifications to the Contractor Prequalific ation Package to include a new
category for Advanced Metering Infrastructure (AMI) Deployment/Water Meter
Replacements.
F. COMMUNITY DEVELOPMENT BLOCK GRANT -RECOVERY (CDBG -R)
GRANT CLOSEOUT AGREEMENTS/DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT: Approve submittal of the Community Development
Block Grant - Recovery (CDBG -R) Grant Closeout Agreements with the U.S.
Department of Housing and Urban Development (HUD) t o accept disbursement in the
amount of $156,617.00 for completion of roadway imp rovements for S.W. 14 th
Avenue from S.W. 1 st Street to S.W. 2 nd Street.
G. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1)
Housing Rehabilitation contract through the Communi ty Development Block Grant
(CDBG) to the lowest responsive bidder, CJ Contract ing, LLC, for 610 S.W. 5th
Avenue in the amount of $22,548.56. Funding is avai lable from 118 -1963 -554 -49.19
(Neighborhood Services: Other Current Charges/Housi ng Rehabilitation).
H. CONTRACT FOR SERVICES/BALLARD PARTNERS, INC.: Approve a Contract
for Services with Ballard Partners, Inc. to provide state lobbying services to the City
regarding sober house legislation .
I. AGREEMENT FOR PROFESSIONAL SERVICES/ WEISS, HANDLER &
CORNWELL, P.A.: Approve a Contract for Services with Weiss, Handler &
Cornwell, P.A. to provide state lobbying services to the City .
J. APPOINTMENT TO THE VISIONS 2020 STEERING COMMITTEE: Approve
Mayor McDuffie's appointment of Mark Stowe to serve on the Visions 2020 Steering
Committee.
K. LETTER OF AGREEMENT/JOHN SCOTT DAILEY FLORIDA INSTI TUTE OF
GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY: Approve a Letter of
Agreement with The John Scott Dailey Florida Instit ute of Government at Florida
Atlantic University in the amount of $28,782.00 for technical assistance/facilitation
services associated with the Visions 2020 project . Funding is available from 001 -1111 -
511 -31.90 (General Fund: Professional Services/Other Pr ofessional Services).
L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICE S
AGREEMENT: Approve a Vote Processing Equipment Use and Elect ion Services
Agreement between the Palm Beach County Supervisor of Elections and the City for
conducting municipal elections.
M. RESOLUTION NO. 59 -12: Approve Resolution No. 59 -12 calling for a Special
Election on a charter changes to be held on March 1 2, 2013, to provide for a
referendum on charter changes presented in Ordinanc e No. 35 -12, Ordinance No. 36 -
12, Ordinance No. 38 -12, and Ordinance No. 39 -12; providing for the time, manner
and means of holding said election.
N. AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL
FACILITY/CONCENTRA HEALTH SERVICES, INC.: Approve an Agreement for
Services at a Worksite Medical Facility with Concen tra Health Services, Inc. in an
amount not exceed $760,550.00 to provide certain he althcare services at the Employee
Health and Wellness Center. Funding is available fr om 551 -1577 -591 -34.90
(Insurance Fund: Other Contractual Services).
O. BONUS PAYMENTS TO JCD SPORTS GROUP, INC.: Approve FY 2011/2012
bonus payments to JCD Sports Group, Inc. for golf c ourse operations in the amount
of $15,319.80 and for Tennis Center operations in t he amount of $6,154.65. Funding is
available from 445 -4711 -572 -34.90 (Delray Beach Municipal Golf Course Fund:
Other Contractual Service), 446 -4711 -572 -34.90 (Lakeview Golf Course: Other
Contractual Service), 001 -4215 -575 -34.90 (General Fund: Operating Expenses -
Miscellaneous/Other Contractual Service) and 001 -4210 -575 -34.90 (General Fund:
Operating Expenses -Miscellaneous/Other Contractual Service).
P.
SPECIAL EVENT REQUEST/15 TH ANNUAL FIRST NIGHT 2013: Approve a
special event request to endorse the 15 th Annual First Night 2013 event on December
31, 2012 from 4:00 p.m. to midnight, grant a tempor ary use permit per LDR Section
2.4.6(F) for the use of City rights -of -way and facilities as requested, and authorize
generator use and staff support for traffic control and security, site cleanup and trash
removal, barricade set up and removal, banner hangi ng, signage construction and
installation, and EMS services. Per the Special Eve nt Policies and Procedures, there is
no charge for city -sponsored events.
Q. SPECIAL EVENT REQUEST/16 TH ANNUAL DELRAY BEACH CRAFT
FESTIVAL: Approve a special event request to endorse the 16 th Annual Delray
Beach Craft Festival sponsored by Howard Alan Event s, Ltd. to be held February 2 -3,
2013 from 10:00 a.m. to 5:00 p.m., to grant a tempo rary use permit per LDR Section
2.4.6(F) for use of E. 4 th Avenue, from N.E. 1 st Street to S.E. 1 st Street, and to provide
staff support for traffic control, security and fir e inspection services, and to permit an
event sign to be erected on Atlantic Avenue just ea st of I -95 fourteen (14) days prior
to the event per City Code. The estimated cost the event, which the sponsor is
responsible for, is $6,000.00 .
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS : Accept
the actions and decisions made by the Land Developm ent Boards for the period
November 19, 2012 through November 30, 2012.
S. AWARD OF BIDS AND CONTRACTS:
1.Contract award to Layne Inliner, LLC in the amount of $17,110.00 to complete
the relining of a storm water pipe in Chatelaine Su bdivision. Funding is available
from 448 -5416 -538 -46.90 (Stormwater Utility Fund: Repair & Maintenanc e
Services/Other Repair Maintenance Cost).
2.Bid award to ELEV8 Sports Institute in the amount o f $38,400.00 for annual
landscape maintenance of three (3) ballfields field s at Pompey Park. Funding is
available from 001 -4131 -572 -34.90 (General Fund: Other Contractual Service).
3.Contract award to ALSCO, Inc. for the estimated ann ual usage of $17,500.00 for
linen rental service for the Delray Beach Municipal Golf Course Restaurant with
the option to renew for two (2) additional one (1) year terms. Funding is available
from 445 -4715 -572 -52.22 (D B Municipal Golf Course: Operating Supplie s/
Uniforms/Linen Service).
4.Contract award to Prolime Corporation (PC) in the a mount not exceed
$120,000.00 for hauling and disposal of liquid lime slurry from the Water
Treatment Plant (WTP). Funding is available from 441 -5122 -536 -34 -90 (Water
and Sewer Fund: Other Contractual Services).
5.Purchase award to Federal Eastern International in the amount of $53,341.00 for
the replacement of ballistic bullet proof vests for the Police Department. Funding
is available from 001 -2115 -521 -64.90 (General Fund:
Machinery/Equipment/Other Machinery/Equipment).
9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-
IMMEDIATELY FOLLOWING CONSENT AGENDA:
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
10. REGULAR AGENDA:
A.LETTER OF INTENT: CREATIVE CITY COLLABORATIVE (CCC)/ARTS
GARAGE: Provide direction regarding a Letter of Intent from the Creative City
Collaborative regarding the OSS retail space.
B.CONDITIONAL USE REQUESTS/ATLANTIC PLAZA II: Consider approval to
increase the building height to a maximum of 60 fee t (59 feet 4 inches proposed) and
to allow a density increase above 30 dwelling units per acre (43 du/ac proposed) for
Atlantic Plaza II, which is a proposed mixed use de velopment on the north side of
Atlantic Avenue, south of N.E. 1st Street, east of N.E. 6 th Avenue, and West of
Veterans Park. (Quasi -Judicial Hearing)
C.POLICY ON NAMING OF PUBLIC FACILITIES: Consider establishing a policy
and procedure to govern the honorary naming of publ ic facilities.
D.FILLING UNEXPIRED TERM FOR SEAT # 1: Provide direction regarding the
process for filling the unexpired term for Seat #1, currently held by Commissioner
Thomas F. Carney, Jr.
E.PROVIDE DIRECTION REGARDING THE NOISE ORDINANCE: Provide
direction to staff regarding possible changes to th e recently adopted noise ordinance.
F.PAY INCREASE FOR CIVIL SERVICE EMPLOYEES: Consider approving a pay
increase for Civil Service employees.
G.APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1)
alternate member to the Code Enforcement Board to s erve an unexpired term plus a
three (3) year term ending January 14, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Jacquet (S eat #2).
H.APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2) student
members to the Police Advisory Board to serve unexp ired terms ending July 31, 2013
and July 31, 2014. Based upon the rotation system, the appointments will be made by
Commissioner Gray (Seat #4) and Mayor McDuffie (Sea t #5).
11. PUBLIC HEARINGS:
A.CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPO RT
(CAPER): Consider approval of the 2011 -2012 Consolidated Annual Performance
and Evaluation Report required by the United States Department of Housing &
Urban Development (HUD) for utilization of federal grant funds.
12. FIRST READINGS:
A.ORDINANCE NO. 42 -12: Consider a privately initiated Future Land Use Map
(FLUM) amendment (small -scale) from MD (Medium Density Residential 5 -12du/ac)
to LD (Low Density Residential 0 -5 du/ac) and rezoning from RM (Medium Density
Residential) to R -1 -A (Single Family Residential) for the properties lo cated on the
north and south sides of Bermuda Gardens Road. If p assed, a public hearing will be
held on January 3, 2012.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
11/06/12
NOVEMBER 6, 2012
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, November 6, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Linda Mobley wit h Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
There is updated information on the dais for Item 8.A., Acceptance of a
Water Easement Deed/South Delray Shopping Center, additional information for
Item 11.B., Ordinance No. 41-12 (First Reading/First Public Hearin g), and additional
information for Item 8.Q.6, Purchase Award for fence replacement for Pompey Park .
Mrs. Gray requested that Item 8.J., Agreement: Delray Beach
Marketing Cooperative (DBMC)/Community Redevelopment Agency
(CRA)/Greater Delray Beach Chamber of Commerce of the Consent Agenda be
moved to the Regular Agenda as Item 10.A.A. Mr. Jacquet requested that Item 8.O.,
Special Event Request/Tree Lighting and on the Avenue of the Consent Agenda be
moved to the Regular Agenda as 10.A.A.A.
Mayor McDuffie stated Item 7.C., Presentation of Match Point Trophy
to the City of Delray Beach will be removed.
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11/06/12
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Franke l –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Regular Meeting of October 2, 2012,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Frankel –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es; Mr. Jacquet – Yes.
Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing and commending Mercer Wenzel
Mayor McDuffie read and presented a proclamation hereby rec ognizing
and commending Mercer Wenzel and call upon all present to acknowle dge and applaud
their longtime outstanding and exemplary loyalty and service to t he community and wish
Mr. Bruce Wenzel well on his retirement. Bruce Wenzel came f orward to accept the
proclamation and gave a few brief comments.
6.B. America Recycles Day – November 15, 2012
Mayor McDuffie read and presented a proclamation hereby procl aiming
November 15, 2012 as America Recycles Day in the City of Delray Beach. Michelle
Donahue from St. Joseph’s Episcopal School came forward to accept the proclamation
and gave a few brief comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 53-12: Approve Resolution No. 53-12 recognizing
and commending Ray Colgin for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 53-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING RAY COLGIN FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 53-12 is on file in the City Clerk’s
office.)
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11/06/12
Mr. Frankel moved to approve Resolution No. 53-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mrs. Gra y – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion
passed with a 5 to 0 vote.
Victor Majtenyi, Deputy Director of Public Utilities, ca me forward and
gave a few brief comments.
7.B. Recognizing and commending Delray 21, Saxena & White, P.A., The
Related Group and Ocean Properties, Ltd. for their contribut ions and outstanding
work to procure uniforms for the Atlantic High School Football Team
Mayor McDuffie read the special recognition awards to Ryan Boylston,
Jim Knight, Lee Cohen, Maya Saxena, Mark Walsh for their outstanding
contributions and work to procure uniforms for Atlantic High School Football Team.
7.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
7.D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Jennifer Buce, S.P.I.R.I.T. Co-Chairperson, stated the S.P.I.R.I.T. Award
Program recognizes employees for their exemplary actions in the following City core
beliefs: by providing exceptional service through performance by acting with integrity,
being responsible, taking innovative action, and practicing teamw ork. Ms. Buce stated
the two quarterly winners are: Steven Sack, Parks Maintenance a nd Karen Schell,
Finance.
Jennifer Buce presented Steven Sack with his award and Shirley E rickson
presented Karen Schell with her award.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF A WATER EASEMENT DEED/SOUTH
DELRAY SHOPPING CENTER: Approve and accept a water easement deed for
South Delray Shopping Center located at 3001 S. Federal Highway.
8.B. ACCEPTANCE OF A WATER UTILITY EASEMENT/ALFIERI-
DELRAY BEACH COMMONS, LLC.: Approve acceptance of a water utility
easement with Alfieri-Delray Beach Commons, LLC for Spodak Dent al Office located at
4665 West Atlantic Avenue.
8.C. SERVICE AUTHORIZATION NO. 12-01/WANTMAN GROUP,
INC.: Approve Service Authorization No. 12-01 with Wantman Group, Inc. in the
amount of $17,987.00 for data collection and analysis as well as a review of the City’s
Land Development Regulations (LDR) related to drainage requirem ents. Funding is
available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional
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11/06/12
Services/Engineering/Architect).
8.D. GRANT AWARD/SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM
(WSIP): Accept a grant award for a Water Savings Incentive Program (W SIP) from the
South Florida Water Management District (SFWMD) in the amount of $35,945.00 for
purchase and installation of automatic water main flushing devices.
8.E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST
CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 1/Final) in
the amount of a $6,067.95 decrease and final payment in the amount of $10,622.05 t o
West Construction, Inc. for the completion of the Delray Beach Heig hts Swales Project.
Funding is available from 448-5461-538-65.41 (Storm Water Utility Fund: Othe r
Improvements/Swale Reconstruction).
8.F. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENT/PALM BEACH COUNTY FOR AUBURN
AVENUE: Approve Amendment No. 2 to the Interlocal Agreement with Palm Beac h
County for reimbursement to the City in the amount of $1,000,000.00 for costs associated
with improvements along Auburn Avenue.
8.G. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND
FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and
Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to
carry out services at the Village Academy Beacon Center for FY 2012-2013. Funding is
available from 001-4111-572-83.01 (General Fund: Other Grants & Aid).
8.H. AGREEMENT FOR PUBLIC ART CONSULTING SERVICES/
PALM BEACH COUNTY: Approve an agreement for Public Art Consulting
Services with Palm Beach County at an estimated cost of $25,000.00 plus r eimbursable
expenses. Funding is available from 115-1702-579-31.90 (Special Projects
Fund: Professional Services/Other Professional Services).
8.I. MAINTENANCE AGREEMENT /CONTROL
COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control
Communications, Inc. in the amount of $26,040.00 for maintenance of the XTS3000
portable radios used by police officers. Funding is available fr om 001-2111-521-46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance).
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 10.A.A.
8.K. TRAFFIC ENFORCEMENT AGREEMENT/CORAL TRACE
HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with
Coral Trace Homeowners Association to allow the City of Delr ay Beach Police
Department to enforce State and local traffic laws on the private roads of Coral Trace.
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8.L. AGREEMENT/ADVANCED PROCESSING & IMAGING (API),
INC.: Approve an agreement with Advanced Processing & Imaging (AP I), Inc. in the
amount of $58,782.00 for the purchase of electronic document management softwa re for
the Finance Department. Funding is available from 001-1511-513-66.10 (Ge neral Fund:
Books/Publications/Software), 441-5161-536-64.11 (Water & Sewer Fund: Machi nery/
Equipment/ Computer Equipment) and 441-5161-536-66.10 (Water & Sewer Fund:
Books/Publications/Software).
8.M. REQUEST FOR PROPOSALS (RFP)/COLLECTION SERVICES
FOR PARKING FINES AND AMBULANCE BILLING: Approve the Selection
Committee's ranking of responses for collection services for pa rking fines and
ambulance billing; and authorize staff to enter into contract negot iations with the top
ranked company, Penn Credit, Inc.
8.N. SPECIAL EVENT REQUEST/24TH ANNUAL DOWNTOWN
DELRAY FESTIVAL OF THE ARTS: Approve a special event request to endorse the
24th Annual Downtown Delray Festival of the Arts sponsored by Howard A lan Events,
Ltd. to be held January 19-20, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporar y
use permit per LDR Section 2.4.6(F) for use of City rights-of-w ay on Atlantic Avenue
from the east side of N.E./S.E. 6th Avenue to Bronson and for the Gladiola lot (S.E. 6th
Avenue) for vendor parking, and to provide staff support for traffic control, security, fire
inspection services and to permit an event sign to be erected on At lantic Avenue just east
of I-95 (14) days prior to the event. The event sponsor will pay all City costs, estimated at
$9,911.00.
8.O. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 10.A.A.A.
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period October 15, 2012 through November 2, 2012.
8.Q. AWARD OF BIDS AND CONTRACTS:
1. Contract award to The Dumont Company, Inc. at an annual
estimated cost of $48,000.00 for the purchase and delivery of
Hydrofluorosilicic Acid. Funding is available from 441-5122-536-
52.21 (Water & Sewer Fund: Operating Supplies/Chemicals).
2. Contract award to Foster Marine Contractors, Inc., the lowest
responsive bidder , in the amount of $84,445.00 for the
construction of roadside swales along N.W. 7th and 12th Streets
and N.W. 3rd and 5th Avenues in the Lake Ida Neighborhood.
Funding is available from 448-5461-538-46.43 (Storm Water
Utility Fund: Repair & Maintenance Services/Drainage Swales).
3. Contract award to Transmap Corporation in the amount of
$53,912.08 for the Pavement Assessment Project. Funding is
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11/06/12
available from 334-3162-541-61.17 (General Construction Fund:
Capital Outlay/Street Reconstruction (I)).
4. Contract award to Unifirst Corporation at an annual estimated
amount of $291,000.00 for uniform rental and flat supply services
via City of Boca Raton RFP No. 2010-034. Funding is available
from multiple departments.
5. Contract award to ConServ Building Services in the amount of
$47,500.00 for the replacement of aging mechanical components
of the City Hall chiller system which provides air conditioning t o
portions of the facility. Funding is available from 334-6112-519-
64.90 (General Construction Fund: Machinery/ Equipment/Other
Machinery/Equipment).
6. Purchase award for fence replacement for Pompey Park Fields #1,
2 and 3; fencing for backstop canopy at Field #1, and fencing
around two batting cages. Funding is available from 334-4127-
572-46.15 (General Construction Fund: Repair & Maintenance
Services/ Improvements-Other Repair & Maintenance).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Carney. Upon roll call the Commission voted as follows: M ayor McDuffie –
Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:37 p.m., the Commission moved to Item
9.B., Comments and Inquiries on Non-Agenda Items from the Pu blic-Immediately
Following the Consent Agenda.
9.B. From the Public.
9.B.1. Pauline Moody, 609 S.W. 8 th Avenue, Delray Beach, FL 33444, stated
she picks up trash all the time all over the city and asked for an award.
At this point, the time being 7:40 p.m., the Commission moved to Item
10.A.A. (formerly Item 8.J.).
10.A.A. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE
(DBMC)/COMMUNITY REDEVELOPMENT AGENCY (CRA)/GREATER
DELRAY BEACH CHAMBER OF COMMERCE: Approve an agreement between
the City, Delray Beach Marketing Cooperative (DBMC), Communit y Redevelopment
Agency (CRA) and the Greater Delray Beach Chamber of Commerc e, to make the City
the party responsible for entering into contracts for 4th of July a ctivities; and to
remove the Downtown Development Authority (DDA).
Robert A. Barcinski, Assistant City Manager, stated this ite m is the
agreement between the three remaining partners of the DBMC a nd was on the September
30, 2012 Agenda where the Commission asked that it be pulled unti l the Workshop. Mr.
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Barcinski stated there has been no change in that status it is still three remaining partners.
Mrs. Gray stated she pulled this item because she wants to understand the
responsibility of the City for the 4 th of July. Mr. Barcinski stated the City of Delray
Beach will take on the financial responsibilities and all the contracts that come through
the City.
Mrs. Gray asked about the DDA and their contributions to both of t hese
events. Mr. Barcinski stated they are not contributing to the 4 th of July this year but they
are giving $30,000 for the Christmas tree and $10,000 for First Night. He stated most of
the sponsorship money will be private donations. Mrs. Gray asked if staff feels the City
will be able to do this without incurring any other costs.
Mr. Carney stated per his conversation a couple of days ago wit h staff he
understands why this needs to be approved this evening so that the C ity can enter into
these contracts. However, Mr. Carney stated he continues to raise the issue regarding the
various expenditures among the different groups. He stated the D DA is a dependent
taxing district that would more than suggest that initiatives of the City which fall within
the DDA district can properly be paid by DDA funds and feels there needs to be greater
attention paid to the projects that the City is sponsoring toge ther with the DBMC as it
relates to marketing efforts within the DDA district that funds to support those come from
the DDA.
Mrs. Gray concurred with comments expressed by Mr. Carney. Mrs. Gray
asked if there is something that the City could do about that and unders tands that we
release the DBMC from this contract but that would free up dol lars for them to do
whatever else they want to do.
The City Manager stated when it comes time to appoint peop le to serve on
the DDA that the Commission vent them on this particular issue a nd they will do their
best to ensure that the DDA is involved with and supports City events of this nature.
Mrs. Gray asked if the rest of the Commission would be in favor of
directing the City Manager to send a letter to release them from the partnership. The rest
of the Commission concurred.
Mr. Jacquet referred to language in the contract and stated it states “City
responsible for entering into contract for the 4 th of July activities just as we do for First
Night versus DBMC.” Mr. Jacquet asked if this means that the DBMC was responsible
for entering into these contracts. Mr. Barcinski stated as he unde rstands it the DBMC
still will be but the City will have a lot of oversight on thes e agreements. Mr. Barcinski
stated for First Night everything will go through the City (i .e. purchase orders and
contracts).
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Mr. Frankel moved to approve Item 10.A.A. (formerly Item 8.J.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; M ayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
10.A.A.A. SPECIAL EVENT REQUEST/TREE LIGHTING AND ON THE
AVENUE: Approve a special event request to endorse the Tree Lighting and O n the
Avenue to be held on November 29, 2012 from 5:00 p.m. to 10:30 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from
Swinton to N.E./S.E. 7th Avenue, and to the alley north of Atlantic Avenue on N .E.
1st and 2nd Avenues, Railroad Way, and N.E. 4th Avenue and from Atlantic t o the alley
south on S.E. 1st, S.E. 2nd, S.E. 3rd and S.E. 4th Avenues; to authorize staff sup port for
security, traffic control, banner hanging and removal, barricade set up and removal, trash
removal, clean up, EMS assistance, fire inspection services and us e of the large City
stage. The event sponsor will pay an estimated total of $3,685.00, which is half the cost
for On the Avenue.
Robert A. Barcinski, Assistant City Manager, stated this is the event
approval for the Tree Lighting /On the Avenue proposed to be held N ovember 29, 2012
5:00-10:30 p.m. grant a temporary use permit for the closure of Atl antic Avenue from
Swinton Avenue to NE/SE 7 th Avenue, and to the alley north of Atlantic Avenue on NE
1 st and 2 nd Avenues, Railroad Way, and NE 4 th Avenue, and from Atlantic to the alley
south on SE 1 st , 2 nd , 3 rd and 4 th Avenues. Also, staff support, security, traffic control,
banner hanging, etc. Mr. Barcinski stated the event permit reque st and budget site plan
was all included as well as a tree lighting schedule and the economic calculator. He
stated the total overtime cost for the event is $11,490 of which $4,596 (b ased on a
percentage) is assigned to the tree lighting for which the City receives no reimbursement
because it is ours and $6,894 is to the Delray Beach Marketing Coo perative (DBMC) per
the Event Policies and Procedures and they will pay 50% of their s hare of the overtime
costs, plus a 5% administrative fee and barricades at $66 for an estimated t otal of $3,685.
Mr. Jacquet asked why the City is only getting 50% from the DB MC and
not 100%. Mr. Barcinski stated it is the way the City’s Policie s and Procedures are
written for both the DBMC and Old School Square. Mr. Barcinski sta ted although the
City has increased its contribution the amount of their staff ti me that is spent on our
events is over $100,000 a year and this is a way to help offset some of that cost. Mr.
Barcinski stated all other vendors pay 100%.
Mr. Frankel moved to approve Item 10.A.A.A. (formerly Item 8.O.),
seconded by Mrs. Gray. Upon roll call the Commission voted as foll ows: Mr. Jacquet –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes.
Said motion passed with a 5 to 0 vote.
At this point, Mr. Frankel complimented Mr. Barcinski for the gr eat job he
did a few weeks ago with the Presidential visit. Mr. Frankel s tated Mr. Barcinski pulled
off an amazing event for over $8,000 people without a hitch. Mr. Barcins ki stated there
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was a lot of staff from the management company, Police, Fire, etc. and everyone pulled
together with only five days’ notice.
At this point, the time being 6:51 p.m., the Commission moved to Item
9.A., City Manager’s response to prior public comments and inquiries.
9.A. City Manager’s response to prior public comments and inquiries.
The City Manager stated at a previous meeting Mr. John Bennett ha d
brought to the City’s attention some “No Parking” signs erected on the right-of-way on
Andrews Avenue in front of the F.I.N.D. (Florida Inland Navigation Di strict) parcel. The
City Manager stated these signs do not belong to the City and t hese have been removed.
Also, the City Manager stated the pictures that were sent to t he City had some cars
parked across the sidewalk and staff brought this to the attention of the Police
Department and it is a violation of State law for people to p ark across the sidewalk. The
City Manager stated staff will watch for that and try to s ee if someone does in the future
that they are ticketed. The City Manager stated Mr. Bennett a lso mentioned that he saw
water meter boxes that had some holes in the top and the City ha s alerted the meter
readers and utility crews to be on the lookout for those. He state d staff has looked for
some around the Sandoway House and did not find any there.
At this point, the time being 6:52 p.m., the Commission moved to Item
10.A. of the Regular Agenda .
10. REGULAR AGENDA:
10.A. WAIVER REQUESTS/LIZ BUILDING RENOVATIONS: Consider
approval of waiver requests to Land Development Regulations (LDR) Section
4.4.13(F)(4)(a)(2), “Front Setbacks”, which requires a 5’ minimum setb ack along Federal
Highway, Section 4.4.13(F)(1)(a), “Height”, which requires a minimum building height
of 25’ and Section 4.6.18(B)(14)(iv)(2), “Windows and Doors”, which requires a
minimum window transparency or glass area of 75% on the ground floor f or the Liz
Building Renovations, located at 445 East Atlantic Avenue . (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judici al Hearing
rules into the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex part e
communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Carney stated they
had no ex parte communications to disclose. Mr. Jacquet stated he drove by the site.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012-199 into the record.
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Mr. Dorling stated the three waivers involve a 5 foot minimum setb ack, a
minimum height of 25 feet for the building, and a minimum window trans parency or
glass area of 75% on the ground floor. He stated these waivers w ere considered by
SPRAB on October 10, 2012 and received a recommendation of approval. Mr. D orling
stated they were associated with a 2007 square foot building addition a nd demolition of
existing space. Mr. Dorling stated what is being proposed is that the building is going to
be moved out toward Atlantic Avenue and a new facade put up. He st ated there is a 5
foot minimum setback and this sign will go to a zero setback at 15 foot high. Mr. Dorlin g
stated there is also a request that the building height mainta in a minimum 25 foot. This
building is about 15 foot and will involve a facade change and a wai ver to that
requirement that this building not be added height of approximately 10 feet is being
requested. Mr. Dorling stated there is a requirement for minimum window transparency
to promote window shopping along the Avenue. He stated these w aiver requests were
considered by the Site Plan Review and Appearance Board (SPRAB) and the Board
recommended approval. Staff recommends approval.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forwar d at this time. There
being no one from the public who wished to address the Commission, t he public hearing
was closed.
There was no cross examination or rebuttal.
Mr. Jacquet asked what the percentage of glass we currently have there.
Mr. Dorling stated he believes it is less than the 75% but does not know the exact
number. Mr. Dorling stated right now the entire frontage is gla ss and what makes a
difference is the portion above the panes of glass that is not t ransparent and works against
it. The actual amount of glass on the building is the same with the expansion.
Brief discussion by the Commission and staff followed.
Mr. Jacquet stated he would have a problem if we are decreasi ng the
amount of window.
Mayor McDuffie asked if everything that he sees on the fa cade of that
building that is colored light blue glass. Mr. Dorling stated e verything that is colored
light blue is all glass and the only way to get more than 52% is to extend those glass
panes higher which do not achieve anything as it relates to the ability to window shop.
Mr. Jacquet asked if this is current. Mr. Dorling stated this is the prop osed
facade and reiterated that currently the entire face of that buildin g is glass and what it will
be with the renovation with the exception of the struts between t he window panes. Mr.
Jacquet stated he would like to know what the current percentage of glass in the building
today so he can compare it to what the applicant is asking for. Mr. Dorling stated right
now the entire frontage is glass and if there is any change i t would relate to the length of
the glass as it relates to the upper area of the facade. Mr. Dorling stated he does not
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believe it meets the 75% now and believes that it is exactly the same unless these glass
panes have been reduced in height. Mr. Jacquet stated his main conce rn is not the glass
but is the setback waiver because he feels this is a potenti al safety issue and could set the
wrong precedent for that area.
Mayor McDuffie asked if the Commission approved something simila r for
32 East and their new 2-story facade. Mr. Dorling stated that was an entry feature on the
zero in the middle of the sidewalk.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order (approving the waiver
requests), seconded by Mr. Frankel. Upon roll call the Commission vot ed as follows:
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr . Carney – Yes; Mr.
Jacquet – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:10 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
11.A. ORDINANCE NO. 40-12 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city-initiated amendment to the Land Development Reg ulations
(LDR) Section 4.3.3 (ZZZ), “Transient Residential Use”, in order to clarify prohibitions,
exemptions/exceptions, waivers, and penalties; and amending Appendi x “A”,
“Definitions”, in order to amend the definition of “Transient Residenti al Use” and
amending Subsection 4.4.6(b), “Principal Uses and Structures Permit ted”, to remove
transient residential use as a principal use.
The caption of Ordinance No. 40-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 4.3.3, “SPECIFIC
REQUIREMENTS FOR SPECIFIC USES”, BY
AMENDING SUBSECTION 4.3.3(ZZZ), “TRANSIENT
RESIDENTIAL USE”, IN ORDER TO CLARIFY
PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS,
WAIVERS, AND PENALTIES FOR SAME; AMENDING
APPENDIX “A”, “DEFINITIONS”, IN ORDER TO
AMEND THE DEFINITION OF “TRANSIENT
RESIDENTIAL USE”; AMENDING SUBSECTION
4.4.6(B), “PRINCIPAL USES AND STRUCTURES
PERMITTED”, TO REMOVE TRANSIENT
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RESIDENTIAL USE AS A PRINCIPAL USE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 40-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, AICP, stated this wil l
amend the prohibitions, exemptions/exceptions, waivers, and penalties for transient
residential uses and will amend the definition of transient resident ial uses. Mr. Dorling
stated these modifications will clarify that single famil y residential zoning district
category referenced in the ordinance includes the RR (Rural Re sidential) zoning
designation and that the Medium Density Residential Zoning Distri ct category also
includes the RL (Low Density Residential Zoning) designation. He stated it also
provides procedural standards for undue economic hardship requests and re move a
reference to Transient Residential Use as a principal use a llowed in the RM (Medium
Density Residential District).
At its meeting of September 24, 2012, the Planning and Zoning Board and
made a recommendation of approval with a 7 to 0 vote. At its meet ing of October 16,
2012, the City Commission considered and recommended approval at that time.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 40-12,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 40-12 on Second
Reading/Second Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr.
Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
11.B. ORDINANCE NO. 41-12 (FIRST READING/FIRST PUBLIC
HEARING): Consider a privately-initiated rezoning request from POC (Pla nned Office
Center) to SAD (Special Activities District) for Delray Place, located at 1801 and 1845
South Federal Highway. If passed, a second public hearing will be held on December 11,
2012.
The caption of Ordinance No. 41-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
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ZONED PLANNED OFFICE CENTER (POC) DISTRICT
TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID
LAND BEING LOCATED AT THE SOUTHEAST
CORNER OF LINTON BOULEVARD AND SOUTH
FEDERAL HIGHWAY, AS MORE PARTICULARLY
DESCRIBED HEREIN; ESTABLISHING THE USES
AND REGULATIONS FOR THE SUBJECT
PROPERTIES UNDER THE SAD ZONING;
AMENDING THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012"; AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.4.25(G), “S.A.D.S”, TO ADD
SUBSECTION (11), “DELRAY PLACE” TO THE LIST
OF APPROVED S.A.D.S; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 41-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Ron Hoggard, Principal Planner, entered the Planning and Zoning
Department project file #2012-059 into the record.
Mr. Hoggard stated Delray Place is located at the southeast corner of
Linton Boulevard and South Federal Highway this property was a nnexed into the city in
the early 1980’s and an office complex was constructed in 1983 consisti ng of the three
buildings; one on the north side; a one-story and two three-story building s. He stated the
total existing office complex is less than 9,700 square feet. In 2008, Mr. Hoggard stated
with the rezoning ordinance that the City did in 1991, the new LDRs crea ted a new
district Planned Office Center (POC) District and this prop erty was rezoned to that new
designation. In December 2008, Mr. Hoggard stated the City adopted a Comprehensive
Plan Policy to require development of the South Federal Highway De velopment Plan. In
early 2011, Mr. Hoggard stated staff met with the neighborhood surrou nding the South
Federal Highway Corridor and in June 2011 staff met again to discuss alternatives for
properties within that corridor. He stated this property wa s one of the ones staff
considered and there were two options; one, to rezone it to PC (Planne d Commercial) and
one to rezone it to AC (Automotive Commercial). Mr. Hoggard state d the Planning
Department recommended PC for this parcel as the plan was being developed. He stated
the current owner acquired this property in September 2011 and they submitted a zoning
change to PC on January 2012 and Planning supported at that time beca use it was in line
with what they were recommending at that time. Mr. Hoggard sta ted it went to the City
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Commission and it was tabled for a period of six (6) months to give the applicant a
chance to work with the neighborhood. He stated since then the applica nt request an
extension of that tabling that was done in April and the City Commi ssion extended it for
additional six months on August 21, 2012. On September 7, 2012, the applicant amended
the rezoning application to go to the SAD zoning. Mr. Hoggard brief ly reviewed the
findings that are required and stated they are included in attached P lanning and Zoning
Board staff report. He stated they have completely enclosed t he loading bays in the back
but there will still be trucks that are going to be pulli ng up, beeping, and backing up. Mr.
Hoggard stated staff requested that they include provisions in the S AD ordinance that
would limit the delivery hours in this location. He stated with rega rd to the outside
dining areas the applicant pulled the building back to create mor e area in the back of the
buildings. He stated the length of buildings is over 700 feet long and 22 feet high which
concerns staff. Also, Mr. Hoggard stated the applicant could cut some of the square
footage off to try to do more to screen and buffer this from the nei ghborhood. Mr.
Hoggard stated staff’s concerns are the findings related to compa tibility and does not feel
that they can make this project compatible. Mr. Hoggard state d staff has concerns with
the intensity and recommend that the Commission not approve Ordinance No. 41-12.
Mayor McDuffie declared the public hearing open.
Ron Collins, representing the Tropic Isles Resident Group , urged the
Commission to defer this and not pass this on first reading
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated she has the original plans from the original developer and they were very
careful to step back the uses to protect the single family neighborhood which is an R-1
zone and they were careful to put transitional which is an RM mult i-family type of
zoning and PC which is a smaller commercial use along Federal Hi ghway. Ms. Morrison
stated this has been an office center for 30 years POC zoning i s a transitional use and it is
low intensity which means it is a business hour type of use and the re is not a lot of
nighttime activity; it is generally 8:00-6:00 p.m. She stated by develop ing this into a high
density commercial use where the buildings are flush up agains t the single family
residences would not be transitional or compatible. Ms. Morrison st ated this is one of the
most beautiful neighborhoods in the city and this project would hel p to minimize that
beauty of this neighborhood.
Gregg B. Weiss, Economic Development Chair for the Delray Beach
Chamber of Commerce, 64 S.E. 5 th Avenue, Delray Beach, FL 33483, stated from a
business standpoint the economic impact for this type of center is positive for the
corridor. He stated the project and whatever form that it final izes in will add to the
diversification of the tax base which is one of the economic goals for the city. Mr. Weiss
commended the developer for being very proactive and stated he sat in on a couple of
meetings with the developer and some of the residents of Tropi c Isle as well as some of
the business leaders in the community. He stated while the Cha mber of Commerce does
not make recommendations on the site plan, they believe that proje cts should go through
due process.
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John Malloy, 947 Hyacinth Drive, Delray Beach, FL 33483, stated his
daughter bought her first home on 925 McCleary Street which backs u p directly to six (6)
proposed restaurants with 3,000 square feet of outdoor dining and entertai nment area.
Mr. Malloy stated the applicant has increased the setback 5 feet so now the 3,000 of
outdoor dining entertainment is 20 feet from his daughter’s backyard instead of 15 feet.
He stated the 3,000 square feet is about equal to 1½ blocks of downtown At lantic Avenue
or the equivalent of Boston’s and the Sand Bar on the beach. Mr. Malloy stated Tropic
Isles was there first and feels they are “grandfathered in” for peace and quiet of the
neighborhood in raising their families. He stated the shopping ce nter needs to be
revitalized but feels this is too intense of a use 20 feet from homeowners in Tropic Isles.
Mr. Malloy stated between each building there is 3,000 square fe et of outdoor dining and
residents asked that it be moved to the front of the building so that the noise would not be
funneled directly into Tropic Isles. Mr. Malloy requested the a pplicant design it so the
buildings buffer it but so far this has not been done.
Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483,
stated the transitional nature of what is there now protects the single family neighborhood
and the developer is asking for rezoning that is reasonable; how ever, Mr. Katz stated
there are issues that do affect the neighbors and the City at large. He stated in asking for
the rezoning the developer is saying he will not abide by that new zoning when it comes
to FAR (Floor Area Ratio) and parking. Mr. Katz stated we have Codes for a reason and
this is a dangerous precedent to set.
Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483,
presented 72 petitions from the neighborhood that is requesting the Commission to vote
“no” on this rezoning. Mr. Gemert stated this is not compatible at all with the
neighborhood.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated for 3½ years he has attended and spoke at
almost every City Commission meeting and he knows how they work. Dr . Kirson urged
the Commission to deny the proposed project. He stated the deve lopers had 7 months to
come up with a reasonable plan.
Steve Camp, 931 Eve Street, Delray Beach, FL 33483, stated he has
owned a foreign business in Delray Beach for 26 years and has banke d with Bank of
America so he is familiar with the area. Mr. Camp stated he would like to see business
thrive on this corner but this project as proposed is too much for this location.
Gary Eliopoulos, 314 N.W. 7 th Street, Delray Beach, FL 33444,
(speaking on behalf of a client who is renovating his house two blocks from th is site),
urged the Commission to pass this ordinance with extreme caution and stated that a site
plan was attached to this. Mr. Eliopoulos stated this has to be compatible and all that is
there now is parking and buildings. He suggested that the Commiss ion give direction to
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SPRAB and make sure they look at the site plan and make sure that we can start looking
at things that are more reasonable as just opposed to square footage.
Fred Fetzer, 932 Evergreen Drive, Delray Beach, FL 33483, stated he
sent an email to the Commission with Mr. Malloy’s email at tached to it and noted there
are some serious problems with the site plan. He urged the Commission to do the right
thing and stated we need development there but we need the right kind of development
that is respectful of the neighborhood. Mr. Fetzer concurred with comments expressed
by Mr. Eliopoulos and stated we need to move forward to the second rea ding but with the
stipulation that the Commission not approve the site plan the way i t exists today because
there are too many problems with it. Mr. Fetzer stated it is evident from the staff report
and from the residents’ comments that there has to be a lot of cha nges made in that site
plan to make this compatible.
Nancy Richards, 934 Cypress Drive, Delray Beach, FL 33483, supports
the rezoning of this area and if it has to be conditional rezoning she understands. She
stated most of the people that she speaks to that are not direc tly affected want something
commercial in that corner and believes it is a springboard for further economic
development along the South Federal Highway Corridor. Ms. Richards s tated this will
create numerous jobs and urged the Commission to look at what is bes t for the City long-
term and support the rezoning with conditions they feel should be set.
Vin Nolan, Economic Development Director of Community
Redevelopment Agency (CRA), supports the SAD rezoning on this project and stated it
is a major traffic point where residential neighborhoods converge a nd the use of this
property as it is currently zoned has resulted in a decline ove r a period of time. Mr.
Nolan stated this is a challenged piece of property and in order to get a quality
development here the SAD approach gives the developer and the pl anners the tools to
work within that. He urged the Commission to move this forward.
Bob Wiebelt, 955 Jasmine Drive, Delray Beach, FL 33483 and owns
the Delray Plaza at 2275 South Federal Highway, stated the Delray Plaza has been in
his family since the late 1940’s and most of his life he has live d on South Federal
Highway or Tropic Isles. Mr. Wiebelt stated this developme nt on Linton Boulevard is
going to be the catalyst of bringing other quality developme nt in that is going to increase
the values of the neighborhood. He stated this area is currently an eye sore.
Kelli Freeman, 917 Banyan Drive, Delray Beach, FL 33483, stated she
is here as a resident of the community not as the President of T ropic Isles because their
Board is divided on this issue; those who live on the north side do not want i t and those
who live on the south side do want it. Ms. Freeman stated she does not b elieve anyone in
this room would want to live on McCleary Street with a restaura nt and seating area right
behind their house. She encourages the SAD zoning and asked for clarifi cation as to
whether the SAD zoning must come with a site plan approval. In he r opinion, Ms.
Freeman stated she feels it is inappropriate for this meeting to be he ld on election night.
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Patrick Ryan, 3161 Jasmine Drive, Delray Beach, FL 33483, supports
this project because he is tired of looking at the vacant car dealerships and blighted
buildings on Federal Highway. Mr. Ryan stated this project will create jobs and the city
needs the income that will be brought in from these businesses.
Michael Weiner, 10 S.E. 1 st Avenue, Delray Beach, FL 33444
(speaking on behalf of the applicant), stated this process has to gone on for at least
another month and they are making changes to the plans. Mr. Weiner s tated and looks
forward to the intensive quasi-judicial SPRAB meeting where they get the chance to
speak to the professionals on some of the issues that have been presented here t onight.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 41-12, the public hearing was closed.
Mr. Jacquet stated he challenges the Commission to remain foc used and
has some issues with this project; one is the trucks going in a nd out and the other is the
people who live immediately south of that property with the outdoor restaurant and the
possible noise effect on their quiet enjoyment. He stated we need to allow more
businesses to come in and create a better environment for business es to come in and
generate some tax dollars. Mr. Jacquet stated he supports moving this forwa rd to SPRAB
so that it can come back to the Commission on second reading at which time he hopes
they will have a different product.
Mr. Carney stated he feels the SAD rezoning is appropriate; he has been
here since 1985 and there has never been a vibrant office environme nt there but at the
same time he feels we cannot ignore the effects of whatever is put there on the abutting
neighborhood. He feels it is appropriate that the Commission g ive guidance to SPRAB
of what they expect when it comes back. Mr. Carney stated the landscaping is sorely
deficient as presented and he does not want it to look like the Best Buy at the corner of
Congress Avenue and Old Boynton Road. He stated it needs to be a sho wpiece and as
former Commissioner Eliopoulos expressed “the gateway to South Fe deral Highway.”
and it is a very valuable and profitable site but he first looked at the idea of doing an SAD
he did not expect it to be that busy. Mr. Carney supports this going to SPRAB and stated
the Board is going to have to look at the landscaping, the landscapi ng setbacks, open
space, square footage, hours of operation for the deliveries of the trucks, the buffering at
the back of the building, etc.
Mrs. Gray stated she is in support of the SAD for it to move f orward;
however, she is concerned about some of residents’ concerns mainly the parking lots with
all the concrete. She stated she understands that the applicant ha s put in place more
buffers on the back end where the restaurants are and asked if there are doors to the
entranceway. Mr. Hoggard stated the delivery doors and the walkway in the rear of the
buildings on the north side of project fronting on Linton Boulevard have b een eliminated.
These buildings will now be serviced from the front.
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Mr. Weiner stated they are hopeful for a varied retail e xperience which
will include shopping and dining, food, and grocery type activities at the shopping ce nter.
Mrs. Gray stated she is excited about the project coming but as the Commission has
stated they do have some more concerns.
Mr. Frankel thanked everyone for coming out and stated for him it i s
especially helpful hearing all the perspectives. He sta ted it is very important to do
something with this corner. Mr. Frankel stated it is very reas onable to limit delivery
hours and the amount of restaurants. Mr. Frankel stated the tenant is a tenant that every
city in Palm Beach County. He stated he supports going forwar d with this but there
needs to be some changes made in December for him to move forward with it.
Mayor McDuffie stated this is a critical project for the City of Delray
Beach and it is a critical project for those of who have lived on South Federal Highway.
He stated this developer has been working with the neighbor hood, staff, etc. Mayor
McDuffie stated this project needs to be moved on and stated thi s will bring hundreds of
thousands of dollars a year in property tax that comes to the City.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 41-12, the public hearing was closed.
Mr. Frankel moved to approve Ordinance No. 41-12 on First Reading/First
Public Hearing seconded by Mr. Carney.
Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney –
Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a
5 to 0 vote.
At this point, the time being 8:40 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12. ORDINANCE NO. 31-12: Consider a city-initiated amendment
to Chapter 117, “Landlord Permits”, of the Code of Ordinances, by amendi ng Section
117.01, “Permit Required”, to remove the reference to the rental payme nt amount. If
passed, a public hearing will be held on November 20, 2012.
The caption of Ordinance No. 31-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, “LANDLORD PERMITS”,
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 117.01,
“PERMIT REQUIRED”, TO REMOVE THE
REFERENCE TO RENTAL PAYMENT AMOUNT;
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PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-12 is on file in the City Clerk’s
office.)
Terrill Pyburn, Assistant City Attorney, read the caption of the ordinance
and stated this is an amendment to the landlord permit ordinance Chapter 117 of the Code
of Ordinances to remove the reference to the rental payment amount from the ordinance
due to multiple objections that the City has received from peopl e applying for landlord
permits and staff felt this would help streamline the process.
Mr. Frankel moved to approve Ordinance No. 31-12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Mr. Carney –
Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; M ayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
10.B. CONDITIONAL USE REQUEST/JOURDAN’S BRIDGE CLUB:
Consider approval of a conditional use request to allow the establishm ent of an indoor
recreational establishment that will occupy a 6,000 sq. ft. tenant bay within the Delray
Town Center Shopping Center (Phase I) for Jourdan’s Bridge Club, located at the
northeast corner of Linton Boulevard and Military Trail. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex part e
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012-221.
Mr. Dorling stated this is a conditional use request for the Jour dan’s
Bridge Club to allow the establishment of an indoor recreation e stablishment at the
Delray Town Center Shopping Center at the northeast corner of Lint on Boulevard and
Military Trail. The conditional use request is to establi sh an indoor recreational facility
for playing bridge within a 6,000 square feet tenant bay to the A ldi Food store. The
facility will accommodate 212 patrons with bridge sessions conducted at assigned hours
that occur from 12:00 p.m.-4:00 p.m., Monday through Sunday and from 7:00 p.m.-10:00
p.m., Monday through Thursday.
At its meeting of October 15, 2012, the Planning and Zoning Board
considered the request and recommended approval.
Richard Cher, Architect, 601 North Federal Highway, Pompano
Beach, FL, stated at this facility they teach and play bridge there . Mr. Share noted that
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their lease is up and they want to move.
Mr. Jacquet stated he noticed the hours of operation and asked if the
applicant has any intention of expanding those hours. He commented ab out the minor
issue with lighting. Mr. Dorling stated there was a request fr om the Fire Department to
install an exterior light on the rear door.
Mr. Dorling stated the conditions of approval attached to the City
Commission documentation include that.
Mr. Carney asked if this is creating the ability for them to Segway into an
internet café. Mr. Dorling stated internet cafés are different and are prohibited in the city.
Mrs. Gray asked if there will be some type of gaming ma chines. Mr.
Share stated there is no proposal for that and it is more of a teaching facil ity.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes;
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. S aid motion passed with a
5 to 0 vote.
10.C. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired
term ending July 31, 2013. Based upon the rotation system, the appointment will be made
by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Jerry Rabinowitz as a regular me mber to the
Public Art Advisory Board to serve an unexpired term ending Jul y 31, 2013, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. F rankel – Yes; Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion
passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated he emailed the Commission a memo and al so
placed a copy at their places on the dais to give them a rep ort on the City Manager’s
selection process. The City Manager stated the City of Del ray Beach received 50
applications and noted that the City of Port Orange has been through an application
process which was open a little longer than ours and they recei ved a little over 60
applications. The City Manager stated he expects by the e nd of the week to have the top
five (5) identified with a couple of alternates subject to the results of a background check.
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The City Manager stated he had a conference call today and the p rocess that was
recommended to go through in completing the selection is that it be a two day process for
interviewing the top two candidates and if the Commission is wil ling to use a process of
that sort he asked that they identify two days either the last w eek of November or the first
week in December. The City Manager stated he would anticipat e for the one-on-one
interviews that the Commission needs a half day and then the next day hold a meeting to
have public interviews of those five candidates. The City Mana ger stated staff needs a
consensus from the Commission on this process.
Mr. Carney stated it would be helpful if the candidates drive a round and
see the city before the Commission sits down with them so that t hey will have a better
understanding of the city.
The City Manager stated staff will provide the Commission w ith a list of
suggested questions to ask each candidate as well as a list of prohibited ques tions.
The Commission agreed to have the one-on-one interviews with the
candidates for City Manager and the public meetings on Decembe r 6, 2012 and
December 7, 2012.
After brief discussion, the City Manager suggested that the Commi ssion
think about whom they would like to have as part of the citizens group and each
Commissioner should choose one. The City Manager stated to inform the City Clerk by
November 20, 2012 with their names for the citizens group.
Mr. Jacquet inquired if there is a time for December 6 th and 7 th . The City
Manager stated it will be a half day; 3½ hours if the Commissi on interviews every
candidate for 30 minutes and allow about ten minutes in between. Th e City Manager
stated if the Commission would like to conduct the tours first then t he interviews would
be conducted in the afternoon.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet stated this is a great American day.
13.C.2. Mr. Carney
Mr. Carney asked if the City has heard back from the Downtow n
Development Authority (DDA), Community Redevelopment Agency (CR A), or the
Delray Beach Housing Authority (DBHA) in response to the lette r that the Mayor sent.
The City Manager stated the CRA said they would discuss it at their next meeting. With
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the Commissions consent, Mr. Carney suggested that the City Manager draft a letter for
the Mayor’s signature asking the DDA, CRA, and DBHA to have their respective Chairs
respond to the Commission as to whether this is something they are going to go forward
with or not. The City Manager stated he spoke with Marjorie Fer rer today and she said
they have a meeting with the DDA Board and she did not think there w ould be any
problem with them coming under it.
Secondly, Mr. Carney inquired about the Beach Renourishment situat ion
and understands that due to Hurricane Sandy things have changed. The C ity Manager
stated the Beach Renourishment is currently scheduled to start in February because the
contractor had other jobs that he was doing before he starts on the City’s. The City
Manager stated they also received an inquiry about why the Ci ty is doing this in season
instead of the summer and this has to be done in the winter because it cannot be done in
turtle nesting season.
Mr. Carney stated Visions 2020 had their first meeting yesterd ay and
Commissioner Gray sat in on the meeting. He stated it was ve ry productive and they
interviewed two consultants. Mr. Carney stated they are going to be entering into
negotiations with a firm this week and the next meeting will be on Monday. He stated
the plan is to have the Visions session in mid-February with the f inal report coming back
to the Commission in mid-March.
Lastly, Mr. Carney stated he sent a proposed ordinance that t hey are doing
today in Palm Beach Gardens which will be amending their Charter that will allow the
city to create tax incentives similar along the lines of what the CRA does so that the City
will be able to do in many cases that which the CRA can do.
13.C.3. Mrs. Gray
Mrs. Gray stated she attended the Sports Commission meeting at the Hyatt
that was held for the first time in Delray Beach and the Board members look forward to
working with the Commission with more of the projects.
Secondly, Mrs. Gray stated she had inquired about the Economic
Development Director being housed in City Hall.
Mrs. Gray asked if the City can have the Sports Commission com e to
attend a January Workshop meeting to discuss what they are doing and how they can hel p
Delray Beach. The City Manager stated that is next year.
Lastly, Mrs. Gray stated she asked for a contract from Parks and
Recreation and asked if the City Manager knows where we are as far as leasing out our
spaces. The City Manager stated that is in process and almost finished. Mrs. Gray stated
she would like to hear from the Sports Commission about that being that they deal with a
lot of municipalities and their venues.
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13.C.4. Mr. Frankel
Mr. Frankel stated he has received complaints from people towards the
east about some large gatherings of approximately 100 or more pe ople on the beach in
the morning holding meetings. He stated these people would like t o know whether or not
these people have to have permits. The City Manager stated he researched this and found
that the Code prohibits gatherings of more than 25 people and has informed Parks staff
and the Police Department. The City Manager asked if this is still continuing now and
Commissioner Carney and Commissioner Frankel noted it is about 7:00/7:15 a.m. before
the lifeguards are on the beach. Mr. Frankel stated since this is a Police issue that this is
looked into.
Secondly, Mr. Frankel thanked the City Manager for his quick respons es
about FPL and a lady wants to walk her dog at night on Federal H ighway but cannot
because it is not safe. He stated there have been some attem pted robberies in this area
and last Thursday a gun was shot at a Palm Beach County Legisl ative Aide. Mr. Frankel
stated he feels a lot of the problems could be alleviated if the lights were on because this
seems to be an ongoing problem.
13.C.5. Mayor McDuffie
Mayor McDuffie stated the City is off to a start on the broadband
regarding the digital divide and he will be meeting with C. Ron A llen for that purpose
and another purpose that was discussed tonight. Mayor McDuffie st ated there are 2,708
residences in Tropic Isle, Tropic Bay, and Tropic Palms.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 9:13 p.m.
_______________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on November 6, 2012, which Minutes were formally approved and adopted by the City
Commission on ________________________.
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_________________________________________________________
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendm ents, additions
or deletions as set forth above.
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11/20/12
NOVEMBER 20, 2012
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, November 20, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Paula Hayward, m ember
of the Delray Beach Interfaith Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mr. Frankel requested that Item 8.O.1., Bid Award to Palm Beach
Raker be removed from the Consent Agenda.
Mrs. Gray requested that Item 10.G., Policy on Naming Public
Facilities, be postponed to the meeting of December 4, 2012.
Staff noted the addition of Item 10.I., Revised Agreement/Town of
Highland Beach , by addendum.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Jacqu et – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Special/Workshop
Meeting of September 11, 2012, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Workshop Meetin g of
October 9, 2012, seconded by Mr. Frankel. Upon roll call the Commiss ion voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carne y – Yes; Mr. Jacquet –
Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
October 16, 2012, seconded by Mr. Jacquet. Upon roll call the Commissi on voted as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel –
Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Special Meeting of
November 2, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes;
Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. World AIDS Day – December 1-7, 2012
Mayor McDuffie read and presented a proclamation hereby procl aiming
December 1-7, 2012 as World Aids Awareness Week. Laurence Osba nd came forward
to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR A SIDEWALK DEFERRAL/936 BANYAN DRIVE:
Approve an agreement to defer installing a sidewalk in front of th e property located at
936 Banyan Drive.
8.B. REQUEST FOR A SIDEWALK DEFERRAL/ 972 FERN DRIVE:
Approve an agreement to defer installing a sidewalk in front of th e property located at
972 Fern Drive.
8.C. REQUEST FOR A SIDEWALK EASEMENT AGREEMENT/LIZ
REALTY, LLC: Approve a sidewalk easement agreement with Liz Realty, LLC. f or the
property located at 445 East Atlantic Avenue to satisfy the corner clip re quirement.
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11/20/12
8.D. RESOLUTION NO. 54-12: ABANDONMENT OF DRAINAGE
EASEMENT: 1207 HAMMOND ROAD: Approve Resolution No. 54-12 to abandon
a 12’ wide drainage easement for Lane Subdivision located at 1207 Hammond Road.
The caption of Resolution No. 54-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A DRAINAGE
EASEMENT LOCATED ON THE PROPERTY AT 1207
HAMMOND ROAD, DELRAY BEACH, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 54-12 is on file in the City Clerk’s
office.)
8.E. RESOLUTION NO. 55-12: ABANDONMENT OF DRAINAGE
EASEMENT: 1211 HAMMOND ROAD: Approve Resolution No. 55-12 to abandon
a 12’ wide drainage easement for Lane Subdivision located at 1211 Hammond Road.
The caption of Resolution No. 55-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A DRAINAGE
EASEMENT LOCATED ON THE PROPERTY AT 1211
HAMMOND ROAD, DELRAY BEACH, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 55-12 is on file in the City Clerk’s
office.)
8.F. CORRECTION TO A LINE ITEM FOR THE CONTRACT
AWARD TO FOSTER MARINE CONTRACTORS, INC.: Approve a correction
to a line item for the contract award to Foster Marine Contractors , Inc., to reduce the
amount from $84,445.00 to $79,455.00 for the construction of roadside swales along
N.W. 7th and 12th Streets and N.W. 3rd and 5th Avenues in the Lake Ida Neighborhood.
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8.G. CONTRACT CLOSEOUT (CHANGE ORDER NO.
5/FINAL)/FOSTER MARINE CONTRACTORS, INC./AUBURN AVENUE
IMPROVEMENTS: Approve a Contract Closeout (Change Order No. 5/Final) in the
amount of a $42,718.43 decrease and final payment in the amount of $43,828.47 to
Foster Marine Contractors, Inc. for completion of the Auburn Avenue Im provement
Project. Funding is available from 334-3162-541-68.65 (General Construction F und:
Other Improvement/Auburn Avenue Improvement) and 442-5178-536-68.50 (Water &
Sewer Renewal & Replacement Fund: Improvements Other/Water Main – S.W. 12 th &
13 th Avenue).
8.H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE
GREATER PALM BEACHES, INC.: Approve and authorize execution of a Sub-
Recipient Funding Agreement with the Fair Housing Center of the Greate r Palm Beaches,
Inc. under the Community Development Block Grant (CDBG) program for FY 2012-
2013, with total funding in the amount of $6,000.00. Funding is available from 118-1966-
554-82.12 (Neighborhood Services: Other Current Charges/Promotion of Fair Housing).
8.I. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES: Approve and authorize execution of a Sub-Recipient
Funding Agreement with Community Child Care Center (d/b/a Achievem ent Centers for
Children and Families) under the Community Development Block Grant (CDBG)
program for FY 2012-2013, with total funding in the amount of $55,970.00. Funding is
available from 118-1966-554-82.09 (Neighborhood Services: Aid to Private
Organizations/Child Care Center).
8.J. DISASTER RECOVERY INITIATIVE AGREEMENT/PALM
BEACH COUNTY: Approve an Agreement between the City and Palm Beach County
for the Disaster Recovery Initiative (DRI) Program for the Auburn Avenue Project.
Funding is available from 334-3162-541-68.85 (General Construction Fund: Other
Improvement/S.E. 2 nd Avenue Parking) and 441-5178-536-68.50 (Water and Sewer
Fund: Professional Services/Other Professional Services).
8.K. AMENDMENT NO. 4 TO THE CONTRACT FOR SALE AND
PURCHASE: 2707 S.W. 2 ND STREET: Approve Amendment No. 4 to the Contract
for Sale and Purchase between the City and Santiago Gutierrez to extend the closing date
to November 30, 2012 for the sale of Neighborhood Stabilization Program (NSP)
property located at 2707 S.W. 2 nd Street.
8.L. AMENDMENT NO. 4 TO THE CONTRACT FOR SALE AND
PURCHASE: 810 N.W. 21 ST WAY: Approve Amendment No. 4 to the Contract for
Sale and Purchase between the City and Jarrod Levins to extend the closing date to
December 15, 2012 for the sale of Neighborhood Stabilization Program (NSP) property
located at 810 N.W. 21 st Way.
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11/20/12
8.M. TERMINATION OF OFF-SITE PARKING AGREEMENT/
MACMILLAN INVESTMENT LIMITED PARTNERSHIP/NINETEEN
NORTHEAST, LLC.: Approve Termination of Off-Site Parking Agreement between
MacMillan Investment Limited Partnership, Nineteen Northeast LL C and the City of
Delray Beach for twenty-three (23) extra spaces for the buil ding, located at 19 N.E.
3rd Avenue.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for
the period November 5, 2012 through November 16, 2012.
8.O. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
2. Purchase award to Southeastern Wastewater Equipment Corp.
d/b/a Southeastern Pump in the estimated annual amount of
$82,876.00 for the purchase of various models and sizes of
submersible wastewater pumps “as needed” for Utilities
Maintenance. Funding is available from 441-5144-536-46.20
(Water & Sewer Fund: Repair & Maintenance Service/Equipment
Maintenance).
3. Purchase award to Tanner Industries at an estimated annual cost of
$42,000.00 for Anhydrous Ammonia for the Water Treatment
Plant. Funding is available from 441-5122-536-52.21 (Water and
Sewer Fund: Operating Supplies/Chemicals).
4. Purchase award to Ferguson Enterprises, Inc. in the amount of
$44,303.43 for water main materials to be installed by the City’s
in-house construction crew for the N.E. 8 th Avenue Water Main
Project. Funding is available from 442-5178-536-68.92 (Water &
Sewer Renewal & Replacement Fund: Improvements Other/N.E.
8 th Avenue).
5. Purchase award to Fisher Scientific Company, LLC in the amount
of $26,243.52 for eight (8) Scott RIT-PAK III Emergency Air
Supply Systems. Funding is available from 001-2315-526-64.90
(General Fund: Machinery/Equipment/Other Machinery/
Equipment).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Carney. Upon roll call the Commission voted as follows : Mr. Jacquet – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
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9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM
THE PUBLIC-IMMEDIATELY FOLLOWING THE CONSENT AGENDA.
9.B. From the Public.
9.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
congratulated the Commission for the decision on Atlantic Plaza II.
9.B.2. Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve
Unit “C”, Delray Beach, FL 33483, urged the Commission to not trust any parking
studies or traffic studies paid for by the Atlantic Plaza II builders, do not trust any
parking studies or traffic studies paid for by anyone like himse lf opposing Atlantic Plaza
II. Mr. Blum urged the Commission to spend some time in the next couple of weeks at
Veteran’s Park and asked where are all these people going t o park when 100% of the
parking spaces are gone. He stated there will be no place f or people to park and the park
will go down the tubes. Mr. Blum stated if it does not fit the Commission must not
permit it.
9.B.3. Ron Brito, 2559 Webb Avenue, #2, Delray Beach, FL 33444/2720 S.E.
2 nd Street, Boynton Beach, FL 33435, stated an issue came up with an “AA” group that
he started at the beach about 15 years ago that is held every Sa turday. Mr. Brito stated it
started off just Saturday mornings from 7:00 a.m. – 8:00 a.m. and last w eek the Police
informed them that it was an illegal gathering and that they c ould no longer meet unless
they got a permit. He stated they have no problem with gett ing a permit or abiding by the
rules. Mr. Brito stated they started off with about 5-6 people and during season they can
get up to 100 people.
9.B.4. Pauline Moody, 609 S.W. 8 th Avenue, Delray Beach, FL 33444, urged
the Commission to vote “no” on Atlantic Plaza II on December 4, 2012. Ms. Moody
asked if the City has a directory of transient residential pro perties and which ones are
actually state and federal licensed to operate. She stated s ome of the rehabbers who
cannot pay are in the street because they are being kicked out.
9.B.5. Tonya Cajuste, 2222 N.E. 3 rd Avenue, Delray Beach, FL 33444
(speaking on behalf of the Palm Beach County Guardian Ad Li tem Program), stated
the program is a force of volunteers who advocate on behalf of children who have been
abused, neglected, or abandoned by their caregivers. She stated the program began in the
State of Florida in 1980; in 1984 Palm Beach County adopted the program and began
with 15 volunteers and today the volunteer base is approximately 400. Ms. Cajuste
requested that the City Commission sign a resolution in support of the Guardian Ad
Litem Program of Palm Beach County.
9.B.6. Shakeila Poule, 2085 N.W. 46 th Avenue #204, Lauderhill, FL 33313
(speaking on behalf of the Palm Beach County Guardian Ad Lite m Program),
invited the Commission and their families to the Kickoff Party on December 7, 2012.
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9.B.7. John Bennett, 137 Seabreeze Avenue, Delray Beach, FL 33483, stated
he would like to see signs posted in advance for the municipal ele ction and noted that an
official word from the City would be a good reminder.
9.A. City Manager’s response to prior public comments and inquiries.
The City Manager stated at a previous meeting Mr. Bennett ha d expressed
concern because on one occasion when the barrier island was evacuated he called the
Police Department and they were uncertain whether or not the evacua tion order had been
lifted. The City Manager stated that is an internal communic ation problem that should
not happen and suggested that residents on the barrier island regis ter with Code Red
which they can do on the City’s website. He stated Code Red is us ed to call people to let
them know that the evacuation order has been lifted. The City Manage r stated the City’s
Public Information Officers are available 24/7 during an emerge ncy that man phones and
answer questions. Staff will make every effort to be sure tha t evacuation orders are
communicated clearly to dispatch so they know whether they are st ill on or whether they
have been lifted.
Secondly, with regard to Mr. Ridley’s concerns about the redevelopme nt
in the southwest section (Villages at Delray), the City Mana ger stated the policing unit
has met with Mr. Ridley concerning his complaints about the Villag e at Delray and Mr.
Ridley requested a meeting with Chief Goldman, Captain Sims, and Sergeant
Weatherspoon along with several community members and that meeting will be set up
and staff will let the Commission know the outcome of that meeti ng. The City Manager
stated the Police Department has not observed the kinds of proble ms that Mr. Ridley is
concerned about. With regard to the issue that Mr. Brito is refer ring to, the City Manager
stated the report that he received is the problem seems to b e resolved and the “AA” group
agreed to move the meeting to Atlantic Dunes Park and representati ves were very
respectful and cooperative. The City Manager stated Andre Fladell, Marc Woods, and
Stan from the City were in on the discussion Sunday morning. The pa rk opens early
enough to accommodate parking and bathrooms thus resolving those issues as well as
being off the volleyball courts. The City Manager suggested that Chief Strianese discuss
this with Mr. Brito so that he is aware of everything that has been done and what the
options are.
At this point, the time being 6:32 p.m., the Commission moved to Item
10, Regular Agenda.
10. REGULAR AGENDA:
10.A. PROVIDE DIRECTION REGARDING PENSION FUND
MANAGEMENT: Provide direction regarding the management of pension fund plans.
Mr. Carney stated he would like a better understanding as to why the
performance/rate of returns in the Police and Fire Pension were materially lower than the
returns in the City’s Pension Fund.
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Mr. Frankel recognized members of the Police and Fire Pension B oard
who are in attendance this evening and John from the Bogdahn Group. Mr. F rankel
distributed a copy of the October 2011-September 30, 2012 where the return on
investment was $18,978,460.
John Breth with Bogdahn Group, Investment Consultant to the
Delray Beach Police and Fire Pension Plan, stated they were hired in 2006 to take over
management of the portfolio and in 2006/2007 they began enacting some c hanges to the
overall asset allocation of that plan. Mr. Breth stated he does not know what is in the
General Employee’s Pension Plan but in affect it is a port folio that is invested primarily
in U.S. stocks (60%) and the remainder is in the U.S. Bond market (40%); the Police and
Fire Pension Plan had a similar allocation when the Bogdahn Group began working with
them in late 2006/early 2007. Mr. Breth stated at that time they w orked with them to
educate the Board on other asset classes and diversification op tions that they felt would
broaden their opportunities set for the plan as well as increa se the potential rate of return
for the plan. He stated that led to investments in real estat e, timber, increase to the
international equity allocation, and more recently into diversifiers such as manage futures
and global fixed income. Mr. Breth stated the years where ther e were significant
divergence in rates of return were in fiscal year 2008/2009. The real estate market saw
significant declines in price in 2008/2009 and that impacted the plan. He stated the
decision was made to keep those investments because the decis ion was made that the
opportunity set going forward in those investments outweighed realloc ation back to the
bond market. Mr. Breth stated moving forward in the last 3 yea rs the real estate portfolio
has outperformed the bond market. He stated the primary differ ence over the last fiscal
year where the Police and Fire Pension Plan was up over 17% and the General Plan was
up a little over that was the Police and Fire’s Plan to underta ke their investment in
equities down.
Mr. Carney stated he is concerned and wants to ensure that we are always
doing the best we can.
Mr. Frankel stated all nine (9) members of the Board represe nt the City
meeting 4-5 hours at a time and seeking information to do the best. He stated it is
attributable and points to the $19,000,000 return on the Plan’s investment. Mr. Frankel
stated the contributions were $10.2 million and the distributions were $1 0.9 million and
this was a great year.
Mrs. Gray asked why the City has to make up the difference in the loss.
The City Manager stated the City is required to this according to State law.
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10.B. TRI-PARTY INTERLOCAL AGREEMENT FOR THE RELEASE
OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELA TIVE
TO THE OLD LIBRARY SITE AND CHAMBER RELOCATION/ COM MUNITY
REDEVELOPMENT AGENCY (CRA): Consider approval of the Tri-Party
Interlocal Agreement for the Release of Right of Reverter Enc umbering Real Property
Relative to the Old Library Site and Chamber Relocation wit h Community
Redevelopment of Agency (CRA).
Brian Shutt, City Attorney, stated at the October 9, 2012 Workshop
meeting the Commission directed staff to come back with an agre ement. Mr. Shutt stated
there was a Tri-Party Interlocal Agreement between the C ity, CRA, and the Chamber
regarding the transfer of the property at the Old Library site and the Chamber property at
the old library site. He stated it was stated in the agreem ent that if the CRA did not close
with the developer on that property that would trigger the revert er of the City parcels
back to the City and the lease agreement that had been assi gned by the Chamber or the
City to the CRA regarding the Chamber property. The City Attorney stated this
agreement removes the reverter clause where the property w ill not come back to the City
but it will stay under the ownership of the CRA and it also provide s for the lease
agreement with the Chamber in its current location now to rema in with the CRA for a
certain period of time. The City Attorney briefly reviewed the highlights of the new
agreement.
Mr. Carney stated the new agreement seems financially bette r for the City
than the previous agreement and thanked the CRA for their efforts to address those
concerns.
Mrs. Gray concurs that this is a much better agreement a nd asked about
the $315,000 per year for the space the City was to receive. The C ity Attorney stated that
was for the in-lieu parking that the developer was going to provide and that is no longer
part of this agreement.
Diane Colonna, Executive Director of the Community Redevelopme nt
Agency (CRA), stated the $315,000 where the CRA was contributing that amount to
make up the difference between what the developer was payin g for the space and what
the value was at $215 a square foot in paying for the relocation spa ce. Ms. Colonna
stated there was an in-lieu payment in the amount of $315,000 that was c oming from the
developer as a one-time payment.
Mrs. Gray asked why the City is going with such a long peri od of time to
pay back the $2 million. In response, the City Attorney stated thi s is why the provision is
in the agreement on the 50% net of proceeds. For example, the Cit y Attorney stated if
the CRA sells the City parcels in a deal with a developer in the next couple of years then
50% of the net proceeds that the CRA would get from that sale would immediately come
to the City and if there is any remaining amount that they would still owe the City they
could still pay that over ten years.
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Ms. Colonna stated it is hard to say if the CRA will get mar ket value for
the property and noted there is a requirement still that whoeve r proposes to develop there
is going to have to provide 50 public parking spaces either on-site or else where.
The City Attorney stated the payment will start within one y ear of the City
executing this agreement. He stated if they make 3 or 4 payments each year and then 3 or
4 years from now they sell the property and receive money for t hat then at that point the
City would be entitled to 50% of the net proceeds up to the amount of money that is still
owed to us that might pay-off this amount at that point in time b ut if it does not the CRA
would still have more time to pay off that amount and the payment w ould still be the
$266,215.24 a year.
Mr. Frankel stated he has no objection to staff’s recommendation.
Mr. Frankel moved to approve the Triparty Interlocal Agreement for the
Release of Right of Reverter Encumbering Real Propert y Relative to the Old Library site
and Chamber relocation, seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuf fie – Yes; Mr. Carney –
Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
10.C. REVISED LEASE AGREEMENT/GREATER DELRAY BEACH
CHAMBER OF COMMERCE, INC.: Consider a revised Lease Agreement with the
Greater Delray Beach Chamber of Commerce, Inc.
The City Attorney stated there is a lease agreement that used to be
between the Chamber and the City and then assigned to the CRA. He stated if the
Commission approves this lease agreement the Chamber would reloca te to the space at
Old School Square in the parking garage. The City Attorney state d this agreement still
has the original timeframe in it so it would not expire until January 9, 2061 and the rent
would still be $1.00 per year. With regard to the common area maint enance the City
would charge the Chamber about $800 per year and it would be increas ed by the CPI
(Consumer Price Index) each year. The City Attorney stated if the City has to do a large
maintenance program or there is structural issues with the gar age then the Chamber
would also pay their proportionate share (2.7%) and if that is over $800.00 they would
also pay a portion of that; the Chamber will also be receiving 15 parking passes that they
or their employees could use; the Chamber can have two subten ants (the two tenants that
are in there currently and if they want to have anyone else t hey would need Commission
approval for that); the 15 parking spaces would be used between 7 and 6 Monday-Friday
not including holidays or weekends and the parking spaces would have to be on the
rooftop.
Mr. Frankel asked about the letter that the Commission received and asked
how this fits in. The City Attorney stated that is a proposal to purchase not only the retail
space that is currently for sale but also the Chamber spa ce that was included in the
proposal and would essentially be the entire first floor of the parking g arage.
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The City Attorney stated the tax exempt portion of the line of credit regarding the retail
space the City can sell that to a private entity and it will not mess up the taxable portion
of the other bonds that the City uses to build the garage with.
Mr. Carney moved to approve the revised lease agreement with the
Greater Delray Beach Chamber of Commerce, seconded by Mr. Fra nkel. Upon roll call
the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuff ie – Yes; Mr. Carney
– Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:03 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
11.A. ORDINANCE NO. 31-12: Consider a city-initiated amendment to
Chapter 117, “Landlord Permits”, of the Code of Ordinances, by amending Section
117.01, “Permit Required”, to remove the reference to the rental payment amount.
The caption of Ordinance No. 31-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, “LANDLORD
PERMITS”, OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 117.01, “PERMIT REQUIRED”, TO
REMOVE THE REFERENCE TO RENTAL
PAYMENT AMOUNT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and stated thi s is the
ordinance change that would remove the requirement that rental payme nts be included in
the information that the City receives under our new landlord permit requirements that
the City enacted previously.
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 31-12,
the public hearing was closed.
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Mr. Frankel moved to adopt Ordinance No. 31-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor Mc Duffie – Yes; Mr.
Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gra y – Yes. Said motion
passed with a 5 to 0 vote.
12. FIRST READINGS:
A. None
At this point, the time being 7:04 p.m., the Commission moved back to
Item 10.D. of the Regular Agenda .
10.D. FINANCIAL REVIEW BOARD RECOMMENDATIONS
REGARDING DELRAY BEACH MEMORIAL GARDENS MUNICIPAL
CEMETERY: Discuss Financial Review Board Recommendations regarding the
operation of Delray Beach Memorial Gardens Municipal Cemetery.
The City Manager briefly reviewed the Financial Review Board’s
Recommendations regarding the operation of the Delray Beach Memor ial Gardens
Municipal Cemetery.
Mr. Jacquet concurs with City staff that the responsibility for physical and
maintenance operations of the Cemetery be kept in the same D epartment to avoid any
confusion. In addition, Mr. Jacquet stated we have amended our policy t o be more like
the City of Deerfield and asked if all of these items have been included in our policy.
Chevelle D. Nubin, City Clerk stated the City of Delray Beach requires
residents to show their regular identification that shows their De lray Beach address and if
anything further is required staff requests a utility bill from them. Ms. Nubin stated the
City Clerk’s office requests the identification in regards to the deceased; t he person that is
deceased has to be the resident of Delray Beach.
Mr. Carney stated he sees the response as it relates to t he incremental cost
to now taking care of the books and record keeping for the cemeter y. He asked if there is
additional staff. Ms. Nubin stated there is no new staff. Mr. C arney asked why the
Financial Review Board believed there were three departments working on the cemetery
but the City Clerk has indicated that there are only two involved.
Tim Simmons, Parks Superintendent, stated there is the parks budge t, the
cemetery budget, and the beautification but it is all under the P arks and Recreation
Department.
Mr. Frankel thanked the Financial Review Board for their efforts and there
are some good changes but he would tend to side with the City where there are cases of
disagreements.
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10.E. PROVIDE DIRECTION REGARDING THE FEDERAL HIGHWAY
BEAUTIFICATION PROJECT: Provide direction to reject all bids, and proceed with
re-advertising the project for bid; or award the contract to the second lowest bidder for
the Federal Highway Beautification Project.
Randal Krejcarek, City Engineer, stated staff is requesting Commission
direction on how to proceed with the construction aspect of the Federa l Highway
Beautification Project. Mr. Krejcarek stated it has been since 2002 to get to this point.
Staff opened bids earlier this year after they received t he okay from FDOT (Florida
Department of Transportation) to move forward. Mr. Krejcarek s tated FDOT was asked
to review the bids and they identified some anomalies in the bid and they asked the
apparent low bidder to send them a letter stating that they would honor their bids. He
stated for approximately 5 weeks staff has been trying to ge t the apparent low bidder to
come up with that letter. Staff met with the apparent low bidder a few weeks ago and
they indicated that there are some issues with their subs pri ces and the letter would not be
forthcoming. Mr. Krejcarek stated at that time staff als o contacted the apparent #2 low
bidder and they sent staff a letter as far as holding their prices if the City decides to go
with the #2 bidder. He stated if the City goes with the appare nt #2 low bidder the City
needs to come up with $1.3 million more. Mr. Krejcarek stated sta ff has an agreement
ready for the Commission with the CRA that would make up the bal ance to get us to the
lowest bidder of the bids that were received. He stated the second low bidder is $1.3
million higher than that. Mr. Krejcarek stated the second option i s to reject all the bids
and go out and rebid. Staff recommends to go out and rebid because the y feel they can
make a few adjustments in the contract documents; one of the things required in
documents was that the contractor may have to do some night work at the City’s dir ection
and the apparent low bidder did not catch that part of it and their bid did not include the
night work. Mr. Krejcarek stated in May the City received the “Notice to proceed with
Construction” from FDOT and in that notice he believes it was dire ction from the Federal
Government indicated that as of November 12, 2012 the City needs to send them an
invoice for construction. He stated the City does not have a construc tion contract
therefore staff is not going to send them an invoice for construction. Mr. Krejcar ek stated
FDOT is aware of where the City is and he asked what the pos sibility is of losing $2.8
million of the federal funding and they did not know; when FDOT gets r equests from fed
asking the status of the project as far as spending the money they just show them the
information that they have. Mr. Krejcarek reiterated that sta ff recommends to rebid and
work with FDOT and the Federal Government so the City does not lose the $2.8 million.
Mr. Frankel asked if the City re-bids this project again how long would
this delay the project. Mr. Krejcarek stated approximately February 2012 asking for
award of the contract. Mr. Frankel stated if the City goes w ith the second low bidder
when would work start. Mr. Krejcarek stated staff would go to FDO T first to make sure
they do not have any issues because there is State funding involved an d they want to
review everything first and then staff would execute the contrac ts by the end of the year
or early January and the project timeframe would be February /March 2013. Mr. Frankel
asked if FDOT has a position on what we do. Mr. Krejcarek state d FDOT goes on to the
second bidder.
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Mr. Frankel asked if it is Mr. Krejcarek position that the CR A will make up the
difference. In response, Mr. Krejcarek stated depending on the C ommission’s direction
tonight his next meeting is with the CRA to explain to them what the City is doing.
Diane Colonna, Executive Director of the CRA, stated she would not
make the assumption that the CRA will come up with the difference.
Mr. Frankel stated he would like to see this moved until he sees what the
CRA’s position is.
Mrs. Gray asked if staff sends this out for an RFP if the turna round could
be December instead of January. Mr. Krejcarek stated there are not enough cal endar days
to do that because the City has to advertise for a certain number of days a nd that brings us
to the week of Christmas. He noted that the contractors close down at Christmas and the
City would probably not receive any responses. Mrs. Gray exp ressed concern that the
City will lose those dollars.
Mr. Carney stated he believes that the Federal dollars wil l still be there if
the City shows good faith and we are moving forward and the purpose of the delay is to
save taxpayer money to obtain a lower price. Mr. Carney sup ports staff’s
recommendation because he is not assured that the CRA is not going to come up with the
money. Ms. Colonna stated in discussions with the low bidder she belie ves he can get
much closer to the price that is on the table now than the $1.3 mill ion extra. Ms. Colonna
stated she believes he will come in with a more improved accurate bid.
Mr. Jacquet stated he does not like the delay; however, he supports s taff’s
recommendation on this item.
Mayor McDuffie expressed concern over the delay and stated it bothers
him that the low bidder cannot answer the questions yet but we are going to give him
another chance. Mr. Krejcarek stated the low bidder did indicate that his subcontractors
had issues with their bids after they went back and re-exami ned the plans because one of
the subs missed the requirement for possible night work and another sub missed
something as far where some of the electrical lines are going.
The City Attorney stated the low bidder made a mistake in the ir
calculations on this bid coming up but he does not believe there is anything that would
disqualify them from bidding on it again.
Mayor McDuffie expressed concern that it is going to cost t he City $2.8
million and that the bidders are not responsive in the timeframe t hat we need them to be
responsive in.
After further discussion, the City Attorney stated the directi on is to come
back with an agreement on the December 4, 2012 City Commission meet ing and award
the contract to the second low bidder.
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10.F. BUILDING INSPECTOR POSITION: Provide authorization to
unfreeze a Building Inspector Position in the Community Improvement Depart ment.
Mr. Jacquet asked if this has anything to do with the Fire position.
Mr. Frankel moved to approve to unfreeze a Building Inspector Posi tion in
the Community Improvement Department, seconded by Mrs. Gray. Upo n roll call the
Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes ; Mr. Frankel – Yes;
Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
10.G. THIS ITEM HAS BEEN POSTPONED TO THE NEXT REGULAR
MEETING OF DECEMBER 4, 2012.
10.H. STATE AND FEDERAL LOBBYING SERVICES: Discuss State and
Federal lobbying Services.
Richard Reade, Sustainability Officer/Public Information Off icer, stated
on October 16, 2012, the Commission selected Ballard Partners to provi de lobbying
services for transient housing legislation. At that time, Mr. Re ade stated the Commission
also expressed interest on additional lobbying services for ful l service lobbyist which will
also include the possibility of federal lobbying. He stated staff provided the Commission
a summary of the seven (7) firms that provided lobbying propos als. Mr. Reade explained
that most of the firms provide offices in Tallahassee as well as locally and a few of the
firms only provide offices either in Lakeland or Tallahassee. He stated all firms will
provide lobbying services for the legislative branch as well as the executive and state
agencies. In addition, Mr. Reade stated many of them will provide l obbying services to
the local agencies such as the County or the local Army Corp. He stated staff found that
most of the firms will assist the City with the development of our Legislative Policy
Agenda for this upcoming year and will come to the Commission eit her by telephone, in
person or provide other types of updates on the status of our legisl ative policies. Mr.
Reade stated most of the cost is on an annual basis and there is one firm that would
provide costs more on the term of the legislative session (Weis s, Handler & Cornwell)
and the firms will provide Federal services to the City as we ll with the cost that is
provided; Ballard Partners would provide State lobbying services; Capitol Alliance would
provide State and Federal and would be willing to lower their cos t to $30,000 annually;
Ericks Consultants State and Federal; Florida Strategic Group State and Federal for the
1 st year only; Greenberg Taurig, Ronald Book would be State only; Weis s, Handler &
Cornwell would be State only and their Federal lobbying costs woul d be based on the
type of assignment. Mr. Reade stated all the firms received good refer ences.
Mr. Carney asked if Ballard Partners would be an additional $45,000. Mr.
Reade stated this is correct.
Mr. Reade stated under Ericks Consultants it mentioned that Candice
Ericks one of the partners would not be able to lobby in Palm Be ach County at the local
level because they represent Palm Beach County.
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Mrs. Gray commented about Weiss, Handler & Cornwell and asked M r.
Reade to elaborate a little more on this firm. Mr. Reade sta ted they would require a
separate contract and it is based on the type of lobbying se rvices the City would want
them to do and noted they were unable to give the City a fixed cos t for a year for the
Federal lobbying services.
Brief discussion by the City Attorney and the Commission followed.
Mr. Jacquet stated he would like to have a good list of issues tha t we want
to address on the Federal level when selecting the Federal lobbyist.
Mr. Frankel stated regarding State lobbying services he would p refer
someone that has represented localities nearby and Weiss, Handle r & Cornwell fits that.
He stated he is looking at cost, experience, and location.
Mr. Jacquet stated he is not sure if other firms have been pres ent but
commented that Weiss, Handler & Cornwell has been present at ev ery meeting every
time the issue has come up. He stated the firm is commit ted and willing to work with the
City.
Mayor McDuffie concurred with Commissioner Jacquet.
After brief discussion, it was the consensus of the Commission t hat they
would like Weiss, Handler & Cornwell to be the State lobbying firm.
The City Attorney stated at the next regular City Commiss ion meeting of
December 4, 2012 the Commission can come back with an agreement w ith Weiss,
Handler & Cornwell and approve the agreement at that time for State lobbying services.
The City Manager stated that staff will start work on dr afting an RFP for
Federal lobbying services.
At this point, Mr. Reade briefly reviewed the State Legislative iss ues.
10.I. REVISED AGREEMENT/ TOWN OF HIGHLAND BEACH:
Consider approval of a revised agreement with the Town of Highland Beach to provide
additional language regarding the shared limited medical services w ith the City of Delray
Beach’s Wellness Center for full-time Police Officers. (ADDENDUM)
Bruce Koeser, Human Resources Director, stated last month he was before
the Commission asking for an approval to perform Police physicals for the Town of
Highland Beach in the City of Delray Beach’s Health and Wellnes s Center to help offset
some costs. Mr. Koeser stated staff inadvertently missed a clause in Section 3 of the
agreement and requested Commission approval to add this clause which dea ls with
confidentiality.
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Mrs. Gray moved to approve the revised agreement with the Town of
Highland Beach, seconded by Mr. Frankel. Upon roll call the Com mission voted as
follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated Vin Nolan, Economic Development Director of
the Community Redevelopment Agency (CRA), put together a memo that will be
distributed at an upcoming economic development event.
Secondly, with regard to Commissioner Gray’s concern about the
restroom roof at Hilltopper Stadium, the City Manager stated the concession stand roof
had a leak and that needs some work. He stated the only problem wi th the restrooms is
they are on a septic tank not connected to the sewer so that has ca used a problem where it
has not been able to be used at times. Staff is looking at how t he City might be able to
connect it up to a sewer line. The City Manager stated TJ Jackson has made a proposal
that their organization will build a new restroom and concession st and facility at
Hilltopper.
The City Manager stated he would like to update the Commission
regarding the schedule on December 6 th and 7 th for City Manager candidate interviews.
He stated the Commission one-on-one interviews will take place on Thursday afternoon
on December 6 th and then Friday morning December 7th will be for the public i nterviews
in the Commission Chambers. The City Manager stated staff ha s scheduled these
interviews every 45 minutes. He stated regarding the evening re ception on December 6 th ,
staff needs a location and a guest list. The City Manager sta ted the interviews for the
City Manager’s position will begin on Friday, December 7 th at 9:00 a.m. and staff
proposes to set the agenda so that after the Commission comple tes their interviews the
Commission will make a decision about the number one ranked candidate and authorize
the City Attorney to start contract negotiations. The City Ma nager stated the reception
will be held on Thursday, December 6th from 6:00-7:00 p.m. with dinner afterwards at
7:15/7:30 p.m. The City Manager stated the location will be at the Golf Club or one of
the hotels but as of now has not been determined.
After discussion, it was noted that the City Clerk will emai l the schedule
to the Commission.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
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11/20/12
13.C.1. Mr. Jacquet
Mr. Jacquet stated Mr. Bennett’s suggestion about municipal elec tion
signs is a great idea. Mr. Jacquet stated when he ran last year there were a number of
people in the city who had no idea that the municipal election was going on until the day
of the actual election. He stated the city needs to have some kind of signage where we
can post “Municipal Elections in Delray Beach”. Mr. Jacquet st ated the municipal
election in Delray Beach has very low turnout and some of the r esidents are unaware and
notice is not given.
Secondly, Mr. Jacquet asked that staff keep him posted when the Villages
at Delray meeting will be held because he would like to attend.
Lastly, Mr. Jacquet stated he is in full support of the Guardian Ad Litem
Program of Palm Beach County and encouraged the entire Commission to support.
13.C.2. Mr. Carney
Mr. Carney stated the Fire Department has some issues with respect to
parking on Marina Way by the residents but he feels we need to g et creative there for the
residents. In addition, Mr. Carney stated there is some question on the parking that is
going on in front of the boat slips and there is an inconsistency of how the rules are
applied to the boat slips.
Secondly, Mr. Carney stated he forwarded two residents only parking
ordinances; one from Tallahassee and the other from Key West. He stated the Police
Department has some issues with it in the sense that cost of e nforcement for resident only
parking. Mr. Carney stated while things are not perfect cer tain enforcement from time-
to-time works and also signage works because people are accust omed to knowing that if
there is a “No Parking” sign in Delray that those signs are generally en forced. He
stated he would like to see if we can address that issue parti cularly on a couple of the
roads closest to the Intracoastal. Mr. Carney stated throughout the Marina District it is an
older part of town and the roads are smaller and they do have some p roblems. He stated
the owner of Deck 84 is in favor of trying to do so that people are not parking along that
road. Mr. Carney stated he would like to try to figure out a soluti on as well for resident
parking.
Mr. Carney expressed concern over a notice he received today about a
Parking Management Advisory Board meeting related to extending even further the hour s
of enforcement for the parking meters on the beach. Mr. Carney stated he does not
understand why the Parking Management Advisory Board is starti ng to be involved with
the creation of policy and feels this is the job of the Commis sion. He stated everyone on
the beach wants to have parking end at 6:00 p.m. and everyone on the be ach is in
agreement with how the weekends should be different from the week.
19
11/20/12
Mr. Carney stated for the same reason that the Commission resp ected the wishes of the
merchants on Atlantic Avenue as it related to their views on p arking meters to be
consistent we have to recognize the views of the merchants and resi dents on the island as
to what they think the parking should be.
Lastly, the Parking Management Advisory Board took formal action t o
recommend changing the hours to midnight. The City Manager suggest ed that the
Commission pass a motion telling the Parking Management Advisory Board that the
hours of parking meters is not within their scope of responsibilit y and the Board is not to
make recommendations on that.
13.C.3. Mr. Frankel
Mr. Frankel thanked the City for putting out the Press Releas e today
regarding the Menorah Lighting on December 8, 2012 at 5:15 p.m. at Old School Square
and is the same night as the Holiday Parade. He stated in worki ng with Delores Rangel
he believes they will be able to get transportation from the Menorah on the Delray
Downtowner for the Commission to the cars that will be available.
Secondly, Mr. Frankel stated he has noticed in the last week or so the
homeless population has increased. He stated today at 1:00 p.m. on A tlantic Avenue he
saw a man with a Target shopping cart going through garbage cans. Mr. Frankel stated
he just wants to keep everyone aware of that.
Lastly, Mr. Frankel requested that at the next Commission meet ing a
Certificate of Appreciation from the City of Delray Beach be presented to Pauline
Moody. He stated she is going through tough times and she comes to the City and talks
about serious issues and always puts a smile on everyone’s faces . Mr. Frankel stated she
picks up garbage and while she is critical of certain thing s she does it with the greatest of
intentions. He stated if the City recognized Ms. Moody it would p ut a smile on her face
during the holiday season since she has not had the greatest year . It was the consensus
the Commission to present a Certificate of Appreciation from the City of Delray Beach to
Pauline Moody at the next regular Commission meeting.
13.C.4. Mrs. Gray
Mrs. Gray concurs with comments expressed by Mr. Bennett about the
municipal election signs and stated this is a great idea.
Secondly, she commented on the City’s Goals for 2016 and Beyond #3:
Expanded Downtown from A-1-A to I-95 and asked about the status of the hotel flag.
Mrs. Gray stated she had a conversation with Senator Sachs and she is
looking for office space and would like to come into City Hall if space is avai lable.
20
11/20/12
She would like to stop by tomorrow at 11:30 to look at the space and noted that
Congressman Hastings is moved out and the City is doing some renovati ons. The City
Manager stated staff will be glad to show her the space but it will be several months
before it is available.
Mrs. Gray commented about the reduction of the CRA district for t he
dollars because she believes we need those dollars and that there is a lot of their area that
is not slum and blighted. She inquired about the status of this and as ked when the City
will start working on this.
Lastly, Mrs. Gray requested that WARC be placed on the January 12,
2013 Workshop meeting.
13.C.5. Mayor McDuffie
Mayor McDuffie had no comments or inquiries on non-agenda items.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 8:34 p.m.
__________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on November 20, 2012, which Minutes were formally approved and adopted by t he City
Commission on ________________________.
_____________________________________________________
City Clerk
21
11/20/12
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendm ents, additions
or deletions as set forth above.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 20, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
RATIFICATION OF SCRWTDB ACTIONS
ITEM BEFORE COMMISSION
This is before the City Commission to ratify action s of the South Central Regional Wastewater
Treatment and Disposal Board at their Quarerly Meet ing of November 8, 2012.
BACKGROUND
By a vote of 6 to 0, the SCRWTD Board approved the following:
1. Provided authorization to approve the Seventh Amendment to the Interlocal Agreement between
the Cities of Boynton Beach and Delray Beach. Secti on 3, Powers and Procedures, Subsection (A) 3, "A
Quorum for the Purpose of Transacting Business Shal l Consist of Not Less Than Two (2) Members of
the City Commission of Boynton and Not Less Than Tw o (2) Members of the City Commission of
Delray".
RECOMMENDATION
Recommend ratification of the actions approved by t he SCRWTD Board on November 8, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:November 20, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
ACCEPTANCE OF A SIDEWALK EASEMENT AGREEMENT/ COMMUNITY
REDEVELOPMENT AGENCY (CRA)
ITEM BEFORE COMMISSION
Acceptance of sidewalk easement. Project #2011-075.
BACKGROUND
The City recently completed the construction of a p aver sidewalk, funded by the CRA, along the east-
west alley between NW 1 st Ave and N Swinton Ave, adjacent to the CRA office. This sidewalk
provides a pedestrian path from the parking lot beh ind the CRA offices out to Swinton Avenue and Old
School Square. The attached easement provides publi c access and gives the City the right to maintain
said sidewalk.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
AMENDMENT NO. 1 TO THE MAINTENANCE MEMORANDUM OF AGREEMEN T/FDOT
ITEM BEFORE COMMISSION
This item is before the Commission seeking approval /authorization for the Mayor to sign Amendment
#1 to the inclusive Maintenance Memorandum of Agree ment (MMOA) with Florida Department of
Transportation (FDOT).
BACKGROUND
At the July 05, 2012 Commission meeting, the attach ed MMOA was approved by Commission. The
purpose of this agreement was to allow the City Man ager or his designee sign future amendments.
Unfortunately the language that would allow the Cit y Manager to sign future amendments was
inadvertently left out of the original agreement. T his amendment corrects this oversight and also
includes landscaping within the FDOT right-of-way a long SR A1A.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:November 20, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/CRA FOR FUNDING OF
CONSTRUCTION/PROFESSIONAL SERVICES FY 2012 -2013
ITEM BEFORE COMMISSION
Approval/authorization for Mayor to execute Amendme nt #1 to the Interlocal Agreement between the
CRA and the City for Funding Construction/Professio nal Services. This interlocal agreement is related
to the alley improvements in Blocks 19 and 20. Fund ing for this project is increased to $160,000.
BACKGROUND
This amendment increases the CRA’s contribution from $100,000 to $160,000, which wil l fund both
alleys. The attached bid summary is for Block 19 on ly. After power lines are relocated, Block 20 alle y
construction will proceed.
Attached are the following documents:
Amendment 1
Exhibit A from original Inter-local Agreement
Bid Tab
CRA Board Summary
FUNDING SOURCE
CRA will be providing additional funding.
RECOMMENDATION
Staff recommends approval.
Meeting Date: November 15, 2012
Agenda Item:
~ CRA BOARD SUMMARY ~
AMENDMENT NO.1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY AND
CRA FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES FY 2012-2013
At its meeting of September 27, 2012, the CRA Board approved the annual Interlocal
Agreement between the City and the CRA for funding of projects for Fiscal Year
2012/2013. The Agreement was subsequently approved and executed by the City on
September 28 th . Exhibit “A” of the Agreement lists the projects includ ed in the City’s
Capital Improvement Program (CIP) that are to recei ve CRA funding, and the
corresponding amount.
On November 1, 2012, the City received bids for the B lock 19 alley improvements
project, which includes construction of the alley and upg rades to the City parking lot on
NW 5 th Avenue, adjacent to the CRA’s Muse/Harvel house proj ect and Spady Museum
Complex. The lowest responsive bidder is Rosso Paving & G rading, Inc. with a bid price
of $137,866.13. Pursuant to the executed Interlocal Ag reement, the CRA is providing
funding in the amount $100,000 for the Block 19 alle y improvement project. In addition
to the CRA’s funding, the City is providing funding o f $20,000 for associated drainage
improvements. This leaves a deficit of $17,866.13 that the CRA is being asked to fund.
It is noted, in previous years, the project originally included improvements to the Block
20 alley to the south, adjacent to the proposed Housin g Authority office building, and
construction drawings were prepared accordingly. Due to d elays with the relocation of
FPL facilities to accommodate the Block 20 alley improveme nts, the Block 20 portion of
the project was not included in the FY 2012/13 budget. However, there is now an
opportunity for the FPL issues to be addressed in time to construct the Block 20 alley in
conjunction with the Block 19 alley improvements. In or der to determine the cost of the
Block 20 alley improvements, the unit prices in the Rosso bid were utilized to provide an
estimate of $40,000 for the extended alley construction .
Therefore, the attached amendment to the Interlocal Agreement modifies Item “D” (City
Project No. 2009-006, Block 19 Alley Improvements) in E xhibit “A”, to include the Block
20 Alley Improvements and increases the project fundin g from $100,000 to $160,000.
Recommended Action:
Approve Amendment No. 1 to the Interlocal Agreement between the City of Delray
Beach and the CRA for funding of Construction/Profession al Services for Fiscal Year
2012/2013, to modify Item “D” on Exhibit “A”, to in clude the Block 20 Alley
improvements and increase the amount of funding from $100,000 to $160,000.
Submitted By: Submitted By: Submitted By: Submitted By: Jeffrey A. Costello, Assistant Director
EXHIBIT “A”
Fiscal Year 2012 -2013 Projects
City
Project #
Project Name Amount of CRA
Funding
A 2009-041 Atlantic Avenue Gateway Feature $ 100,000.00
B 2012-051 Swinton & Atlantic Intersection $ 80 ,000.00
C 2012-623 NE 1 st Avenue Streetscape Improvements –NE 1 st St/NE 2 nd St $ 275,000.00
D 2009-006 Block 19 Alley Improvements $ 100,000.00
E 2011-009 Block 32 Alley $ 100,000.00
F 2010-041 NW 12 th Ave – Atlantic to MLK $ 600,000.00
G 2011-024 NE 3 rd St/Ave Streetscape & Alley Improvements $ 60,00 0.00
H 2004-006 SE & NE 1 st St - One-Way Pair (Conversion) $ 115,000.00
I 2010-039 SW 2 nd Street Beautification $ 1,000,000.00
J 2010-027 Bus Shelters $ 75,000.00
K 2011-017 Fire Headquarters Public Plaza $ 230,0 00.00
L 2013-604 SE 2 nd St (Swinton – SE 3 rd Ave), SE 2 nd Ave & Alleys Blk 87 $ 650,000.00
M 2013-597 Osceola Park Alleys Phase 2 $ 230,000.00
N 2013-550 Downtown Tree Grate Replacement $ 140,000.00
O 2013-594 Parking Study Implementation (Block 117 - Garage Plan) $ 50,000.00
P 2011-067 NE 2 nd Ave/Seacrest Beautification $ 110,000.00
MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD/CRA Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: November 13, 2012 SUBJECT: AGENDA ITEM 8.D.1 -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 CONTRACT AWARD /ROSSO PAVING AND GRADING, INC. /BLOCK 19 AND 20 ITEM BEFORE
COMMISSION Request for Commission approval/authorization for the Mayor to execute the construction contract with Rosso Paving and Grading, Inc., the lowest responsive bidder, for construction
of the Block 19 and 20 Alley Improvements Project in the amount of $137,866.13. P/N 2009-006. BACKGROUND This project is included in the Interlocal Agreement between City of Delray Beach
and the Community Redevelopment Agency (CRA) for construction of capital projects. The purpose of this project is to construct paved alleys west of NW 5th Avenue between Atlantic Avenue
and NW 2nd Street (Block 19 and 20), and the resurfacing, landscaping and striping of the public parking lot located at 114 NW 5th Avenue. Unfortunately, the Alley west of NW 5th Avenue
between Atlantic Avenue and NW 1st Street (Block 20) was not included in this bid due to the electrical service alterations required on an existing apartment building to allow relocation
of Florida Power and Light (FPL) facilities. Modifications to the apartment building need to be provided and funded by the owner on private property in order for FPL to relocate their
power pole to allow construction of the alley. In order to keep the project moving forward, the majority of the project is being constructed with this bid award and the remainder at
a later date when the electrical service issue can be resolved. FUNDING SOURCE CRA will be providing funding for this Project, which is contigent upon City Commission approval of the
CRA Interlocal Agreement Amendment #1 $120,000.00 from #334-3162-541.68-60 $17,866.13 from #448-5461-538.68-60 pending transfer from Stormwater Project Reserve RECOMMENDATION Staff recommends
approval.
Bid Tabulation Block 19 20 Alley Improvements #2009-006 Item EST UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED No. DESCRIPTION UNIT QUAN. PRICE COST PRICE COST PRICE COST 1 Maintenance of
Traffic L.S. 1 $384.00 $384.00 $2,000.00 $2,000.00 $8,500.00 $8,500.00 2 Mobilization/Demobilization L.S. 1 $5,200.00 $5,200.00 $10,000.00 $10,000.00 $7,500.00 $7,500.00 3 Clearing and
Grubbing L.S. 1 $8,740.68 $8,740.68 $8,000.00 $8,000.00 $15,000.00 $15,000.00 4 Asphalt Surface Course S.Y. 940 $10.42 $9,794.80 $16.50 $15,510.00 $13.00 $12,220.00 5 Limerock Base (8")
(LBR 100) S.Y. 1020 $14.71 $15,004.20 $14.25 $14,535.00 $12.50 $12,750.00 6 Stabilized Subgrade (12") (LBR 40) S.Y. 1170 $9.16 $10,717.20 $5.25 $6,142.50 $4.00 $4,680.00 7 Type C Inlet
EA. 2 $2,500.00 $5,000.00 $2,500.00 $5,000.00 $2,400.00 $4,800.00 8 Exfiltration Trench (18") L.F. 40 $150.00 $6,000.00 $125.00 $5,000.00 $113.75 $4,550.00 9 5' Wide Concrete Sidewalk
(6" thick) L.F. 45 $28.12 $1,265.40 $30.00 $1,350.00 $30.00 $1,350.00 10 Tactile Surface Detectable Warnings EA. 2 $315.00 $630.00 $600.00 $1,200.00 $400.00 $800.00 11 Concrete Driveway
(6") S.Y. 10 $66.90 $669.00 $80.00 $800.00 $125.00 $1,250.00 12 Concrete Flume E.A. 1 $105.00 $105.00 $500.00 $500.00 $850.00 $850.00 13 Concrete Valley Gutter L.F. 530 $13.48 $7,144.40
$14.50 $7,685.00 $14.00 $7,420.00 14 Type D Curb L.F. 240 $17.33 $4,159.20 $13.00 $3,120.00 $10.00 $2,400.00 15 Wheel Stops E.A. 29 $22.05 $639.45 $25.00 $725.00 $30.00 $870.00 16 Pavement
Markings and Signage L.S. 1 $1,260.00 $1,260.00 $1,500.00 $1,500.00 $825.00 $825.00 17 Stop Conditions E.A. 3 $210.00 $630.00 $300.00 $900.00 $600.00 $1,800.00 18 1" Min. Asphalt (Type-S-III)
Overlay S.Y. 765 $14.64 $11,199.60 $10.50 $8,032.50 $11.50 $8,797.50 19 Remove Existing Pavement Section S.Y. 85 $14.41 $1,224.85 $10.50 $892.50 $30.00 $2,550.00 20 Bike Rack and Concrete
Pad E.A. 1 $1,102.40 $1,102.40 $1,400.00 $1,400.00 $1,500.00 $1,500.00 21 Mill /Sawcut Existing Asphalt and S.Y. 35 $5.46 $191.10 $35.00 $1,225.00 $15.00 $525.00 22 Dumpster Enclosure
and Pad E.A. 1 $15,208.20 $15,208.20 $8,500.00 $8,500.00 $8,500.00 $8,500.00 23 Landscaping L.S. 1 $8,221.50 $8,221.50 $16,000.00 $16,000.00 $19,250.00 $19,250.00 24 As-Built Survey
and Drawings L.S. 1 $1,627.50 $1,627.50 $2,000.00 $2,000.00 $5,000.00 $5,000.00 25 NPDES Permit/Erosion Control L.S. 1 $737.65 $737.65 $2,000.00 $2,000.00 $4,500.00 $4,500.00 26 Video
Allowance L.S. 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 27 Unforeseen Condition Allowance L.S. 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00
28 Indemnification L.S. 1 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total $137,866.13 $145,027.50 $159,197.50 Number that was corrected due to error in bid Rosso Paving & Grading Coastal
Contracting Mancil's Tractor Service
Bid Tabulation Block 19 20 Alley Improvements #2009-006 Item EST No. DESCRIPTION UNIT QUAN. 1 Maintenance of Traffic L.S. 1 2 Mobilization/Demobilization L.S. 1 3 Clearing and Grubbing
L.S. 1 4 Asphalt Surface Course S.Y. 940 5 Limerock Base (8") (LBR 100) S.Y. 1020 6 Stabilized Subgrade (12") (LBR 40) S.Y. 1170 7 Type C Inlet EA. 2 8 Exfiltration Trench (18") L.F.
40 9 5' Wide Concrete Sidewalk (6" thick) L.F. 45 10 Tactile Surface Detectable Warnings EA. 2 11 Concrete Driveway (6") S.Y. 10 12 Concrete Flume E.A. 1 13 Concrete Valley Gutter L.F.
530 14 Type D Curb L.F. 240 15 Wheel Stops E.A. 29 16 Pavement Markings and Signage L.S. 1 17 Stop Conditions E.A. 3 18 1" Min. Asphalt (Type-S-III) Overlay S.Y. 765 19 Remove Existing
Pavement Section S.Y. 85 20 Bike Rack and Concrete Pad E.A. 1 21 Mill /Sawcut Existing Asphalt and S.Y. 35 22 Dumpster Enclosure and Pad E.A. 1 23 Landscaping L.S. 1 24 As-Built Survey
and Drawings L.S. 1 25 NPDES Permit/Erosion Control L.S. 1 26 Video Allowance L.S. 1 27 Unforeseen Condition Allowance L.S. 1 28 Indemnification L.S. 1 Total Number that was corrected
due to error in bid UNIT EXTENDED UNIT EXTENDED PRICE COST PRICE COST $2,500.00 $2,500.00 $6,400.00 $6,400.00 $12,000.00 $12,000.00 $5,100.00 $5,100.00 $12,000.00 $12,000.00 $78,300.00
$78,300.00 $30.00 $28,200.00 $20.00 $18,800.00 $10.00 $10,200.00 $16.00 $16,320.00 $5.00 $5,850.00 $7.00 $8,190.00 $4,000.00 $8,000.00 $2,480.00 $4,960.00 $200.00 $8,000.00 $121.00 $4,840.00
$20.00 $900.00 $42.00 $1,890.00 $450.00 $900.00 $400.00 $800.00 $5.75 $57.50 $100.00 $1,000.00 $400.00 $400.00 $500.00 $500.00 $15.63 $8,283.90 $14.00 $7,420.00 $10.00 $2,400.00 $14.00
$3,360.00 $45.00 $1,305.00 $33.00 $957.00 $2,500.00 $2,500.00 $1,100.00 $1,100.00 $600.00 $1,800.00 $900.00 $2,700.00 $16.10 $12,316.50 $14.00 $10,710.00 $3.00 $255.00 $10.00 $850.00
$675.00 $675.00 $1,600.00 $1,600.00 $3.95 $138.25 $20.00 $700.00 $15,000.00 $15,000.00 $12,000.00 $12,000.00 $9,500.00 $9,500.00 $26,000.00 $26,000.00 $1,350.00 $1,350.00 $2,000.00 $2,000.00
$1,000.00 $1,000.00 $6,000.00 $6,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $10.00 $10.00 $10.00 $10.00 $166,541.15 $243,507.00 J. Duke
Construction J.W. Cheatham
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MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: November 20, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 MODIFICATIONS TO CONTRACTOR PREQUALIFICATION PACKAGE ITEM
BEFORE COMMISSION Request Commission to approve modifications to the Contractor Prequalification Package to include a new category for “AMI (Advanced Metering Infrastructure) Deployment/Water
Meter Replacements”. BACKGROUND Commission approved the implementation of a contractor prequalification process on January 20, 2009. The purpose of implementing such a process was to
ensure that contractors bidding on City capital projects demonstrated their financial and human resources to complete the work. In September 2011, Commission approved some modifications
to the Prequalification Package which included an additional qualifying categories for Lift Stations and Sidewalks; adding definitions for Construction Equipment and Number and Classification
of Employees; clarifying bonding requirements; and modifying the prequalification process and procedures. The City is currently out to bid on the AMI System /Water Meters; for the purchase
of the AMI equipment and water meters, as Contract 1. As the City moves forward with its AMI/Water Meter Replacement program, it is in the City’s best interest to prequalify contractors
that can demonstrate capabilities for performing the actual meter installations under Contract 2. This includes both the meter installation and AMI system installation and integration.
Staff anticipates advertising Contract 2 early next year, 2013. Staff recommends having single responsibility for the installation project management tasks. This approach provides for
utilizing a fully qualified AMI system installation contractor that is not only qualified with water meter installations, but also qualified with AMI system installation and integration;
including installation of the communication system, new database development, and overall system startup/testing. Thus, the intent is to contract with one firm having single responsibility
for project management and installation. For the purpose of prequalifying AMI System /Water Meter installation contractors, the Prequalification Committee (comprised of City staff members)
recently reviewed and consented to the following
modification(s) to the Prequalification Package; adding a new category for “AMI Deployment/Water Meter Replacements” and associated definition as follows: 1.2 Definitions AMI Deployment/Water
Meter Replacements A Project that predominately consists of installation of water meters related to the implementation and deployment of the Advanced Metering Infrastructure system and/or
other electrical/mechanical components associated with the AMI system, including but not limited to installation of theinfrastructure required to gather meter data and asset management
data that can be electronically transferred into the City’s Utility and IT systems. Such projects include providing Project Management capabilities for full project coordination, installation,
AMI/water meter database development, AMI system startup and functional testing. To be qualified under this project type, qualifications must be demonstrated by a single contractor firm.
Qualifications demonstrated through teaming of multiple firms will not be considered. RECOMMENDATION Staff recommends approval.
modification(s) to the Prequalification Package; ad ding a new category for “AMI Deployment/ Water
Meter Replacements” and associated definition as fo llows:
1.2 Definitions
AMI Deployment/Water Meter Replacements A Project that predominately consists of installation of water
meters related to the implementation and deployment of the Advanced Metering Infrastructure system and/or
other electrical/mechanical components associated w ith the AMI system, including but not limited to instal lation
of theinfrastructure required to gather meter data and asset management data that ca n be electronically transferred
into the City’s Utility and IT systems. Such projec ts include providing Project Management capabilities for full
project coordination, installation, AMI/water meter database development, AMI system startup and functional
testing. To be qualified under this project type, qualifications must be demonstrated by a sing le contractor
firm. Qualifications demonstrated through teaming o f multiple firms will not be considered.
RECOMMENDATION
Staff recommends approval.
AFB ADVERTISEMENT FOR CONTRACTOR PREQUALIFICATION AMI DEPLOYMENT /WATER METER REPLACEMENTS City of Delray Beach Project No. 2012-013 RFQ No. 2013-XX As of July 1, 2009 contractors are
required to be prequalified with the City of Delray Beach prior to being awarded construction contracts for Capital Improvement Projects listed in the annual Capital Improvement Program
(CIP). Contractors may request prequalification in one or more of the following areas: Roadway, Bridge, Paving, Marine, Building, Underground Utilities, Recreational Facilities, Sidewalks,
and Lift Stations. Complex projects may require prequalification in several disciplines. Contractors will now be required to be prequalified with the City of Delray Beach prior to being
awarded contracts relating to the implementation and deployment of the City’s Advanced Metering Infrastructure (AMI) system and associated Water Meter replacement program. The new project
type is: “AMI Deployment/Water Meter Replacements”. Project specific prequalification requirements will be listed in the “Notice to Contractors” for each contract. Copies of the Prequalification
Documents will be available after __(------------date-----------------)____, and may be obtained from www.DemandStar.com (800-711-1712) or the Purchasing Office, City Hall, 100 NW 1st
Avenue, Delray Beach, Florida. Call Purchasing at 561-243-7161 to ensure sufficient supply. Prequalification periods will be for one (1) year. Renewals will not require a new application
but will require updated data on bonding, safety experience, change in corporate status or address and any other information requested by the City of Delray Beach. Fully completed Prequalification
packages in sealed envelopes will be received by the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue Delray Beach, Florida 33444 until (-------------date---------). The
City anticipates that most contractors will be prequalified within 60 days of submittal. Fully completed Prequalification packages should be sent to: CITY OF DELRAY BEACH PURCHASING
DIVISION 100 NW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7161 Advertisement Date: City of Delray Beach, Florida Sunday, November 4, 2011 By: David Boyd, Finance Director Palm
Beach Post
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 1 1. GENERAL PROVISIONS 1.1 Applicability and Scope All Contractors must be prequalified every year in accordance with the
provisions of this Procedure to be eligible to be awarded Construction Projects, EXCEPT that such prequalification is not required if: A. The Contractor is prequalified pursuant to a
separate prequalification process specific to that project; B. The “Notice to Contractors” does not list a prequalification requirement; C. The City waives the requirement for prequalification
for good cause shown and in the best interest of the City. 1.2 Definitions AMI Deployment/Water Meter Replacements A Project that predominately consists of installation of water meters
related to the implementation and deployment of the Advanced Metering Infracture system and/or other electrical/mechanical components associated with the AMI system, including but not
limited to installation of the infrastructure required to gather meter data and asset management data that can be electronically transferred into the City’s Utility and IT systems. Such
projects include providing Project Management capabilities for full project coordination, installation, AMI/water meter database development, AMI system startup and functional testing.
To be qualified under this project type, qualifications must be demonstrated by a single contractor firm. Qualifications demonstrated through teaming of multiple firms will not be considered.
Application The “Contractor’s Prequalification Application” form prepared by the City to be used to request prequalification and provide information upon which the City will rely. Bridge
Construction A Construction Project that consists predominately of the construction of a bridge, but that may include non-bridge construction work including Roadway construction, the
installation of traffic signals, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Building Construction A Construction Project
that consists predominately of the construction of a building, but that may include non-building construction work including roadway construction, the installation of traffic signals,
landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Business Days All days on the calendar except Saturdays, Sundays, and holidays
officially recognized by the City of Delray Beach.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 2 Claim Any appeal, proceeding, or other process for additional consideration of a Dispute, including litigation, that is
initiated by the Contractor and to which the adverse party (example -project owner) did not consent. Committee The Prequalification Committee. Construction Projects Projects being developed
by the City as stated in the advertisement for bids with a scope of work that encompasses the construction of on-the-ground improvements including roads, bridges, paths, wharves, piers,
buildings, underground utilities and other public infrastructure. It does not include planning, appraisal, design, survey or other engineering services unless such services are to be
provided by the Contractor and are specifically within the scope of Work. Contractor Individuals, partnerships, corporations, limited liability companies, joint ventures or other entities
that desire to submit bids on Construction Projects. Days Unless the context clearly indicates otherwise, “days” means Business Days. Deliver or Delivery “Deliver” or “Delivery” means
Receipt by the person to whom the materials are to be delivered, or their authorized representative. See definition of “Received or Receipt”. City “City” means the City of Delray Beach.
Construction Equipment Equipment and appurtenances owned by applicant that are required to complete work in category seeking prequalification. Disputes Disputes include disagreements,
matters in question, and differences of opinion between the Contractor (and those working for or through the Contractor) and an adverse party (example -project owner) regarding matters
related to the Work including interpretation of and compliance with the contract, compensation and costs, time for performance, and quality. Filing “Filing” means Receipt by the person
with whom the materials are to be filed, or their authorized representative. See definition of “Received or Receipt”. Fiscal Year October 1st through September 30th of any year. Key
Personnel Personnel the loss of whom is likely to impact the cost, quality, timeliness, or conformance of project Work provided for the City as reasonably determined by the Contractor.
Lift stations A Construction Project that predominately consists of sewage lift stations, storm water pump stations or other electrical/mechanical components of a pumping utility system,
but that may include non-underground utility construction work paving, curbs, sidewalk or surface restoration. Such projects include all subcontracted work necessary to complete the
project. Marine Construction A Construction Project that consists predominately of the construction of marine facilities including seawalls, docks, wharves, piers and related waterside
or landside facilities, but that may include non-marine construction work including roadway construction and/or paving. Such projects include all subcontracted work necessary to complete
the project.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 3 Number and Classifications of Employees Number of employees for each category, i.e.; skilled laborers, unskilled, supervisors,
foreman, equipment operators, administrative, etc. Paving A project that predominately consists of the paving or repaving, but that may include non-paving work including bridge construction,
roadway construction, and minor utility extensions/relocations. Such projects include all subcontracted work necessary to complete the project. Predecessor Entities Any individual or
entity that was legally organized at any time during the past five years (even if not operating) and that was previously owned, operated, or controlled to a Significant degree by the
Contractor requesting prequalification, or that Contractor’s owners, officers, or Key Personnel. Predominately Unless the context clearly indicates otherwise, “predominately” means not
less than 50% of cost. Prequalification Committee The committee, appointed by the City with primary responsibility and authority to carry out this Procedure. See Section 3.1 of this
Procedure. Prequalification Periods One (1) year periods starting and ending on October1st. Procedure The procedure and requirements contained in this Contractor’s Prequalification Procedure
and the accompanying Application. Project Type The classification of project for which prequalification may be sought or granted as listed in Section 2 of the Application. Qualifying
Bonding Company For projects under five hundred thousand dollars, an insurance, bonding, and/or surety company that is acceptable and satisfactory to the City and which meets the requirements
of Florida Statutes Section 287.0935. For projects exceeding five hundred thousand dollars, an insurance, bonding, and/or surety company must have a Best Rating of no less than A-VII.
Received or Receipt Actual receipt by either US mail, overnight courier, service in hand, or fax by the person to whom the materials are addressed, or their authorized representative,
with confirmation of receipt originating from the such person or their authorized representative. Recreational Facilities Construction A Construction Project that predominately consists
of the construction of recreational facilities including athletic fields and associated appurtenances such as irrigation systems, sports lighting and playground equipment but that may
include non-recreational construction work including building construction, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project.
Related Entities All general partners, joint ventures, parent firms, subsidiaries, or sister firms that (a) are currently legally organized (even if not operating), (b) are owned, operated,
or controlled to a Significant degree by the Contractor requesting prequalification, or that Contractor’s owners, officers, or Key Personnel.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 4 Roadway Construction A Construction Project that predominately consists of the construction or reconstruction of a roadway,
but that may include non-roadway construction work including bridge construction, landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project.
Sidewalks A Construction Project that predominately consists of the construction or replacement of sidewalk, but that may include non-sidewalk construction work including swale grading,
landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the project. Significant The level or degree that would be reasonably relevant to a party
who is contemplating contracting with the Contractor and who is therefore attempting to determine the qualifications, experience, competence, and trustworthiness of the Contractor. Underground
Utilities A Construction Project that predominately consists of buried conduits for the transport of potable water, wastewater, reclaimed water, storm water or other City operated utility
infrastructure components which may include non-underground utility construction work paving, curbs, sidewalk or surface restoration. Such projects include all subcontracted work necessary
to complete the project. Work The furnishing of all labor, materials, equipment, supplies, services, personnel, and other incidentals necessary for the completion of the project in conformity
with the contract documents. Unless the context clearly indicates otherwise, all other words, phrases or terms shall have the meanings contained in the latest version of the City’s Minimum
Construction Standards. 1.3 Authority The City has full power in the letting of all contracts for work under its jurisdiction and thus has the authority to determine whether bidders
on construction contracts are responsible. Accordingly, the City has approved this Contractor’s Prequalification Procedure and hereby delegates all authority necessary to carry it out
as provided in this Procedure. 1.4 Contractor Changes The Contractor has an ongoing duty to notify the City Engineer within thirty (30) days of any changes to the information provided
in the Application that significantly alters, as reasonably determined by the Contractor, the Contractor’s ability to perform the Work required for the Project Types for which it is
prequalified. Upon notification by the Contractor or upon discovery by the City, the City may require the Contractor to re-apply for prequalification. Nothing in this Procedure, the
accompanying Application, or any communications from the City regarding prequalification shall be interpreted as depriving the City of the authority to disqualify Contractors, or the
authority to reject any bid in the best interest of the City, when, in the discretion of the City, changed circumstances have affected the responsibility and/or qualifications of the
Contractor.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 5 1.5 Duration of Prequalification Unless disqualified or otherwise barred from bidding by the City or other entity with
competent jurisdiction, Contractors prequalified during the window for prequalification (see 1.8 below) pursuant to this Procedure shall be considered eligible to be awarded Project
Types for which the Contractor is prequalified for the one year period starting October 1. Contractors prequalifying after the window for prequalification closes shall remain prequalified
until the following October 1. 1.6 Termination of Prequalification The City may, in its sole discretion, terminate an award of prequalification to any contractor based on the City’s
determination that the contractor no longer meets the standards for prequalification. Once a contractor’s prequalification status has been terminated, the contractor must wait for a
period of one year before applying to become prequalified. 1.7 Award of Multiple Projects to a Contractor If a prequalified contractor is the low bidder on more than one project where
the construction work, or portions of the construction work, will be performed at the same time or the contractor is currently working on a construction contract and is the low bidder
on another construction project, the City, in its sole discretion may not consider the contractor’s bid if the City determines, in its sole discretion, that the award of another contract
to the contractor would not be in the best interests of the City. 1.8 Term of Prequalification If contractor is prequalified prior to April 1st, the contractor prequalification will
expire as of September 30th of same fiscal year. If contractor prequalification is approved after April 1st the contractor prequalification will expire as of September 30th of the following
fiscal year. 2. APPLICATION FOR PREQUALIFICATION 2.1 Requirement to Submit Application A Contractor shall not be allowed to bid on the construction project types attached to this application
until the prequalification process has been completed. 2.2 Application Schedule Regarding the time frame after application, the City anticipates that most Contractors will be prequalified
within 60 business days of submitting a complete application package. A full appeal process can take about 3 months within the City. Therefore, Contractors are encouraged to apply early.
As provided in Section 4 of this procedure, Contractors determined to be not qualified are not eligible for contract awards pending appeal.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 6 2.3 Project Types for Prequalification The Contractor must apply for, and the City may prequalify the Contractor for, one
or more of the Project Types listed in Section 2 of the Application. The Project Type for individual projects shall be as stated in the advertisement for bids, or if not stated, shall
be determined by the City Engineer. 2.4 Submittal Requirements The Contractor must honestly, accurately and completely supply all information requested in the Application. Applications
will not be considered received until the City Engineer has received a properly completed Application including all required supporting data. Applications shall not be reviewed by the
Committee until properly completed, received and accepted. 3. PREQUALIFICATION DETERMINATION 3.1 Prequalification Committee 3.1.1 Membership The City hereby creates a standing committee,
to be known as the Prequalification Committee, with primary responsibility and authority to carry out this Procedure. The City appoints the following City personnel, or their successors,
as permanent members of the Committee. Director of Environmental Services, Chair City Engineer, Vice Chair Assistant City Engineer Deputy Director of Construction Assistant City Manager
Finance Director In the event that any of the above members are unable to serve, or in the event that the Chair determines additional members would be of assistance in the fulfillment
of the duties of the Committee, the Chair may appoint other City personnel to serve as alternate or additional members. 3.1.2 Committee Administration Committee meetings will be called
and scheduled when necessary as determined by the City Engineer with the approval of the Chair. A quorum shall consist of at least four (4) members. The Chair shall preside at all meetings.
In the absence of the Chair, the Vice Chair may assume all authority of the Chair. The City Engineer or designee shall keep minutes of all meetings, record all decisions, and otherwise
document the actions of the Committee. 3.2 Review and Investigation The Committee shall review all information provided in the Application. The Committee or its designees may (a) contact
any person or entity necessary to verify and/or supplement any of the information requested by or provided in the Application and (b) review information from other
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 7 published sources of industry information, information from governments and any other significant information. 3.3 Interview
and Additional Information Whenever the Committee determines that the nature or extent of the information provided in the Application is insufficient or indicates that the Contractor
is not qualified, the Committee will contact the Contractor to seek additional information and, if desired by the Contractor, to schedule an interview to discuss the specific reasons
that have caused that preliminary determination. The Contractor will submit all additional information requested by the Committee. 3.4 Pass-Fail Evaluation System The Committee shall
evaluate all the information provided or obtained as a whole on a pass-fail basis to determine whether the Contractor is responsible and qualified. In doing so, the Committee will use
the following descriptive categories. QUALIFIED: With respect to the Project Type under consideration, sufficient information exists to determine that the Contractor is likely to build
an acceptable project in a timely manner using acceptable processes. NOT QUALIFIED: With respect to the Project Type under consideration, the information demonstrates that it is unlikely
that the Contractor can build an acceptable project in a timely manner using acceptable processes. 3.5 Grounds for Determination of “Not Qualified” A finding by the Committee based upon
substantial evidence that any one of the following conditions exists shall be sufficient grounds, though not mandatory grounds, for an overall determination of “Not Qualified”. The City
Manager will approve all Committee findings of “Not Qualified.” 1. Unsatisfactory and/or insufficient Contractor experience. 2. Unsatisfactory performance on prior awarded City contracts.
3. Number of personnel with applicable knowledge and experience significantly below industry standards. 4. Insufficient bonding capability. 5. Safety record significantly below industry
standards. 6. Environmental record significantly below industry standards.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 8 7. A denial of prequalification or award of contract, disbarment, or other irregularities with respect to any federal,
state, or local government or procurement agencies. 8. A pattern of unsupported Claims. 9. A record of excessive change orders or contract additions. 10. Conviction of a bid or other
crime or indictment with substantial evidence regarding the same. 11. Deceptive, evasive or fraudulent statements or omissions contained in the Application, made or omitted at any interview
or hearing, or otherwise made to or omitted from the City. 12. Other substantial deficiencies that are clearly below industry standards and that clearly demonstrate that the Contractor
is “Not Qualified”. 3.6 Notice of Prequalification 3.6.1 Time and Contents of Notice If the Contractor submits a timely and conforming Application, the City will deliver to the Contractor
a “Notice of Prequalification” once a decision has been made. The Notice will set forth the Project Types for which the Contractor is eligible to bid, if any. If the City determines
that the Contractor is not qualified for any or all Project Types applied for, said Notice will also set forth the specific reasons therefore to the extent practical. 4. APPEAL 4.1 Notice
of Appeal to City Manager To appeal, the Contractor must deliver a written “Notice of Appeal Regarding Prequalification” to the City Manager on or before 4:00 P. M. on the fifth full
Business Day after the date of receipt of the “Notice of Prequalification” provided under Section 3.6. Such notice must be delivered to the City Clerk’s Office located at 100 N.W. 1st
Avenue, Delray Beach, Florida. At a minimum, the “Notice of Appeal Regarding Prequalification” must contain: A. The specific errors that the Contractor alleges were made by the City
regarding prequalification; B. The specific relief sought; C. A request to submit additional written materials (if desired); D. A request for a Hearing (if desired); AND E. A designation
of counsel or any other party that will be representing the Contractor in the appeal (if any). 4.2 Submission of Written Materials
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION PROCEDURE 9 Within ten (10) Business Days of the filing of the Notice of Appeal Regarding Prequalification, the Contractor and the
Committee must deliver to the City Manager (or such other person(s) as the City Manager may designate in writing), and to each other, all written materials that each party contends is
necessary for the City Manager to fairly and objectively evaluate and decide the appeal. Such materials can include evidence or arguments. The Committee’s written materials may include
a request for a Hearing. 4.3 Hearing If requested by the Contractor, the Committee, or the City Manager or his designee(s), a Hearing will take place within twenty (20) Business Days
of the filing of additional written materials by the Contractor and/or the Committee, whichever occurs later, at a time and place determined by the City Manager or his designee(s). The
parties will have at least 72 hour advance notice of such Hearing. The Contractor and the Committee shall each be afforded the opportunity to be heard by the City Manager or his designee.
4.4 Decision The City Manager or his designee(s) may leave the record of the appeal open for the submission of further evidence or arguments for up to ten (10) Business Days after the
conclusion of the Hearing, or to such other mutually agreeable date certain. If no Hearing is held, the record of the appeal shall close on the date of filing of additional written materials
by the Contractor and the Committee, whichever occurs later. Unless the City Manager or his designee(s) reasonably determines that special circumstances exist that justify delay of the
decision, the City Manager or his designee(s) will, within twenty (20) Business Days of the closing of the record: A. in writing, revise, modify, or reverse the previous determinations
regarding prequalification; B. in writing, affirm the said determinations; C. in writing, state that the City Manager does not intend to take further action; OR D. take no written action,
which shall be considered a decision affirming said determination. 4.5 Final Agency Action Any written revision, modification, reversal, affirmation, or statement that no further action
will be taken from the City Manager or his designee(s) shall be final agency action as of the date of receipt by the Contractor of such writing. If the City Manager or his designee(s)
takes no written action, the City’s latest determinations regarding prequalification shall be final agency action as of the date of expiration of the twenty (20) Business Day period
for a decision by the City Manager provided in Section 4.4 of this Procedure 4.6 Law and Venue Any action shall be governed by the Laws of the State of Florida and venue shall be in
Palm Beach County.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION Application -Cover Page APPLICATION _______________________________________________________ [Legal Name of Contractor Applying for
Prequalification, hereafter “Contractor” or “you”] The Contractor Seeks Prequalification By The Following Date [Check One] ______ New Submission Package ______ Prequalification Renewal
Package ***************************************************************************** CONTENTS -INFORMATION TO BE SUBMITTED Page 1. Basic Information 1 2. Application for Prequalification
Types 1 3. Organizational Structure & History 2 4. Officers and Owners 3 5. Experience 4 6. Key Personnel 8 7. Bonding 9 8. Safety 9 9. Environmental and Civil Rights Information 11
10. Certifications Under Oath * 12 [City Use Only Below This Line] ****************************************************************************************************** Date Application
Received: ________________ Contractor Prequalified For The Following Project Types ____ Bridge Construction ____ Roadway Construction ____ Paving ____ Marine Construction (Wharves, Piers.
etc.) ____ Building Construction ____ Lift Stations ____ Underground Utilities ____ Recreational Facilities Construction ____ Sidewalks AMI Deployment/Water Meter Replacements Date of
Prequalification: ___________________
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -1 of 12 **************************************************************************** INSTRUCTIONS 1. This
Application must be filled out in accordance with all requirements of the City’s Prequalification Procedure. The Application and Procedure is available from the City’s web site at or
from the City’s Purchasing Department, telephone (561) 243-7161. Do not attempt to complete this form without understanding this Procedure. 2. Unless Contractor meets an exception listed
in section 1.1 of the Procedure, Contractor must be prequalified to be awarded Construction Contracts, as defined. 3. Regarding the time frame after application, the City anticipates
that most Contractors will be prequalified within 60 business days of applying. A full appeal process can take about 3 months within the City. Therefore, Contractors are encouraged to
apply early. 4. Words or phrases shown with initial capitalization (i.e. Initial Capitalization) usually are defined in section 1.2 of said Procedure. 5. Please print legibly, type,
or word process. Sign in ink. When attaching sheets, please place the question number to which you are responding in the upper right hand corner of each sheet and number the sheets.
6. Note that the person signing this Application must swear that the information provided below is true, accurate, and complete. **********************************************************************
****** 1. Basic Information Name of Contractor: _________________________________________________________ [Same as on Cover Page of This Application] Contact Person(s): ______________________________
___________________________ Telephone No: _____________ Fax No: ____________ E-mail: _______________ Address: _________________________________________________________ _______________________________
__________________________ Federal Tax ID No: _________________________________________________________ 2. Project Types For Which Prequalification Is Applied [See definitions in section
1.2 of Procedure.] ____ Bridge Construction ____ Roadway Construction ____ Paving ____ Marine Construction (Wharves, Piers. etc.) ____ Building Construction ____ Lift Stations ____ Underground
Utilities ____ Recreational Facilities Construction ____ Sidewalks AMI Deployment/Water Meter Replacements
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -2 of 12 3. Organizational Structure & History 3.1 The Contractor is duly organized under the laws of the State
of ____________________________________. 3.2 The Contractor has the following organizational structure. ( ) individual ( ) corporation ( ) partnership ( ) limited liability company (
) joint venture ( ) other: __________________ 3.3 Please provide the year the Contractor (and not any Predecessor Entities or Related Entities) was first organized. __________ 3.4 Please
list all Predecessor Entities below (or on attached sheets if necessary). ________________________________ ________________________________ ________________________________ 3.5 Please
list all Related Entities below (or on attached sheets if necessary). ________________________________ ________________________________ ________________________________ 3.6 If organized
in any state other than Florida or in a foreign country, are you in compliance with all laws and regulations necessary to legally do business in the State of Florida? Note: If organized
in the state of Florida please answer N/A. YES _____ NO _____ N/A _____ 3.7 W-9 Submission – Please submit current W-9 if the City has not received.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -3 of 12 4. Officers and Owners 4.1 Officers Please list the name, title, and address of current Officers,
Directors, Partners, Members, and any other persons with analogous positions, in descending order of degree of control. Name Title Address ________________________ __________________
____________________________ ________________________ __________________ ____________________________ ________________________ __________________ ____________________________ ________________________
__________________ ____________________________ ________________________ __________________ ____________________________ ________________________ __________________ ____________________________
[Attach additional sheets as necessary.] 4.2 Owners. Please list the name, address, and percentage of ownership of all persons or entities owning 10 percent or more of the Contractor,
in descending order of percentage of ownership. Owner Address % ________________________ ___________________________________ __________ ________________________ ___________________________________
__________ ________________________ ___________________________________ __________ ________________________ ___________________________________ __________ ________________________ ___________________
________________ __________ ________________________ ___________________________________ __________ [Attach additional sheets as necessary.]
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -4 of 12 5. Experience 5.1 Summary of Contractor Experience With respect to each the following Project Types,
list the approximate number of years of experience that the Contractor has as a prime contractor or as a subcontractor with primary responsibility. Project Type Years Bridge Construction
_________ Roadway Construction (excluding paving) _________ Paving _________ Marine Construction (Wharves, Piers. etc.) _________ Building Construction _________ Underground Utilities
_________ Lift Stations _________ Recreational Facilities Construction _________ Sidewalks _________ AMI Deployment/Water Meter Replacements _________ List of Construction Equipment
Owned Number and Classification of Employees
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -5 of 12 5.2 Most Recently Completed Contracts Please provide the information request in Attachment A (Excel
File) regarding the last six contracts completed by the Contractor. Please list in reverse chronological order (most recently completed project first, next most recently completed project,
etc.). Victor: Where are Attachments A & B? 5.3 Contracts In Progress Please provide the information requested in Attachment A (Excel File) for all contracts currently in progress, in
descending order of contract amount. For each project listed on Attachment A please complete Attachment “B” (Word File). 5.4 Provide an alphabetical listing of all state or local government
or procurement agencies that have awarded the Contractor (or any Predecessor Entities and Related Entities) a contract during the last five years. 1.___________________ 6.___________________
2.___________________ 7.___________________ 3.___________________ 8.___________________ 4.___________________ 9.___________________ 5.___________________ 10.___________________ [Attach
additional sheets as necessary.] 5.5 Liquidated Damages Within the last five years, has the Contractor (or any Predecessor Entities or Related Entities) had liquidated damages assessed
against it? YES _____ NO _____ If YES, please provide full details on attached sheets including the per diem amount of liquidated damages, the original contract time, and the number
of days for which liquidated damages were assessed. Please feel free to include a written summary of your position on the matter. 5.6 Terminations /Suspensions /Defaults (a) Within the
last five years, has a contract of the Contractor (or any Predecessor Entities or Related Entities) been terminated or suspended for cause? YES _____ NO _____
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -6 of 12 (b) Within the last five years, has another party (e.g. surety) completed Work which the Contractor
(or any Predecessor Entities or Related Entities) was originally responsible to perform? YES _____ NO _____ (c) Within the last five years, has the Contractor (or any Predecessor Entities
or Related Entities) been considered in default of a contract that was not cured within the time frame allowed by the contract? YES _____ NO _____ If the answer to any of questions 5.6(a)
-(c) is YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.7 Denial of Prequalification or Award (a)
Within the last 5 years, has any federal, state, or local government or procurement agency denied the Contractor (or any Predecessor Entities or Related Entities) prequalification? YES
_____ NO _____ (b) Within the last 5 years, has any federal, state, or local government or procurement agency, after the Contractor (or any Predecessor Entities or Related Entities)
submitted the apparent low bid, refused to award a contract for reasons related to the Contractor’s qualifications, experience, competence, or financial situation? YES _____ NO _____
If the answer to either of questions 5.7(a) or (b) is YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter.
5.8 Debarments, Etc (a) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) been debarred for any reason by any federal, state, or local government
or procurement agencies? YES _____ NO _____ (b) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities) refrained from bidding for any reason, such
as suspension or agreement not to bid, or as part of the settlement of a Dispute of any type with any federal, state, or local government or procurement agencies? YES _____ NO _____
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -7 of 12 If the answer to either of questions 5.8(a) or (b) is YES, please provide full details on attached
sheets. Please feel free to include a written summary of your position on the matter. 5.9 Claims History Within the last 5 years, has the Contractor (or any Predecessor Entities or Related
Entities) been a party to a Claim with an originally claimed amount in excess of $50,000? [Please note the relatively narrow definition of “Claim” in section 1.2 of the Procedure.] YES
_____ NO _____ If YES, please provide full details for each Claim on attached sheets including (a) whether the Claim was brought by or against the Contractor (or any Predecessor Entities
or Related Entities), (b) the nature of the Dispute underlying the Claim, (c) originally claimed amounts, (d) the resolution of such Claims (including the amount) or if unresolved, the
current status of such Claims, and (e) the name, address and phone number of the primary adverse party who can be contacted for additional information, and (f) a written summary of your
position on the matter (if desired). 5.10 Bid or Other Crimes Within the last 10 years, has the Contractor (or any Predecessor Entities or Related Entities), or any officers, owners,
or Key Personnel of the same ever been indicted on, convicted of, or plead or consented to a violation of a bid crime including bid collusion or any other crime involving fraud or knowing
misrepresentation? YES _____ NO _____ If YES, please provide full details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.11 Quality
Control Does the Contractor have a written organizational-level quality control plan (as opposed to project-level plans)? YES _____ NO _____ If YES, please answer the following two questions.
(a) What year was it first adopted? ______ (b) In what year was its substance last revised? ______
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -8 of 12 6. Key Personnel 6.1 Please provide the following information for all Key Personnel whose duties consist
primarily of one or more the following functions: (a) project management, (b) quality control and (c) safety oversight. [Please feel free to provide this information on attached sheets
in another format as long as it contains all the information requested.] Name Job Duties Relevant Licenses Experience Education (a-c above) or Certifications (# of Yrs) (Degree or #
Yrs) 1_____________________ ________ ______________ _________ _________ 2_____________________ ________ ______________ _________ _________ 3_____________________ ________ ______________
_________ _________ 4_____________________ ________ ______________ _________ _________ 5_____________________ ________ ______________ _________ _________ 6_____________________ ________
______________ _________ _________ [Attach additional sheets as necessary.]
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -9 of 12 7. Bonding 7.1 Is the Contractor capable of obtaining from a Qualifying Bonding Company a performance
bond and a payment bond each in the amount of the bid prices that the Contractor will be submitting to the City? [See definition of “Qualifying Bonding Company” in section 1.2 of Procedure.]
Note: For projects exceeding five hundred thousand dollars, an insurance, bonding, and/or surety company must have a Best Rating of no less than A-VII YES _____ NO _____ If YES, please
attach a letter from a Qualifying Bonding Company that: (a) states that the said company meets the definition of “Qualifying Bonding Company” set forth in section 1.2 of the Procedure
and (b) sets forth the bonding capacity of the Contractor including a specific dollar amount for single project and aggregate amount. Letters indicating “unlimited” bonding capacity
are not acceptable. (c) States verification that Bonding Company accepts City Bond Form (sample attached). If NO, please explain why you cannot meet the bonding standards set forth in
question 7.1 above on attached sheets. 8. Safety 8.1 Does the Contractor have a written safety program? YES _____ NO _____ If YES, please answer the following two questions. (a) What
year was it first adopted? ______ (b) In what year was its substance last revised? ______ 8.2 Does the Contractor hold regular work site safety meetings for immediate supervisors? YES
_____ NO _____ If YES, at what frequency? Weekly ____ Monthly ____ Other ___________
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -10 of 12 8.3 For each of the last three (3) full calendar years, provide the following totals from your “Log
and Summary of Occupational Injuries and Illnesses” (US City of Labor, Bureau of Labor Statistics, OSHA No. 200). [Please feel free to attach copies of your OSHA No. 200 logs or to provide
this information in another format on attached sheets as long as it contains all the information requested.] OSHA 3 Yrs Ago 2 Yrs Ago Last Yr No. 200 Yearly Total Yearly Total Yearly
Total Column # Description ___ 20 ___ 20 ___ 1 # of Injury Related Fatalities __________ __________ __________ 2 # of Injuries Involving Lost or Restricted Workdays __________ __________
__________ 3 # of Injuries Involving Days Away From Work __________ __________ __________ 4 # of Days Away From Work Due To Injuries __________ __________ __________ 5 # of Restricted
Workdays Due To Injuries __________ __________ __________ 8 # of Illness Related Fatalities __________ __________ __________ 9 # of Illnesses Involving Lost or Restricted Workdays __________
__________ __________ 10 # of Illnesses Involving Days Away From Work __________ __________ __________ 11 # of Days Away From Work Due To Illnesses __________ __________ __________ 12
# of Restricted Workdays Due To Illnesses __________ __________ __________ On attached sheets, please feel free to provide other information to aid in the interpretation of the above
information including, for example, the ratio of the above line items to total days worked.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -11 of 12 8.4 Have you had any accident in the past three years that caused over $ 50,000 in property damage?
YES _____ NO _____ If YES, please provide full details of each such accident on attached sheets. Please feel free to include a written summary of your positions regarding any of the
information provided in this section 8 -Safety. Complete and attach the Safety Supplemental. 9. Environmental and Civil Rights Information 9.1 Environmental Record. Within the last 5
years, has the Contractor (or any Predecessor Entities or Related Entities) been found to be in violation of any federal, state or local environmental law or regulation in an administrative,
civil or criminal proceeding in which the fact finder found that the Contractor intentionally or knowingly committed the violation and/or failed to comply after having been notified
of the violation? YES _____ NO _____ If YES, please provide full details, including a summary of your position, on attached sheets. 9.2 Civil Rights Record. Within the last 5 years,
has the Contractor (or any Predecessor Entities or Related Entities) had any findings and/or rulings of sexual harassment, discrimination, or other civil rights violations against it?
YES _____ NO _____ If YES, please provide full details, including a summary of your position, on attached sheets. Complete and attach the Equal Employment Opportunity/Civil Rights Supplemental.
CITY OF DELRAY BEACH CONTRACTOR’S PREQUALIFICATION APPLICATION Application -12 of 12 10. Certifications Under Oath By signing below, the person signing below hereby certifies and swears,
ON OATH, as follows. 1. I have personal knowledge of all the information contained in this Application OR I am responsible for the accuracy of all such information 2. The information
contained in this Application is true and complete. 3. I hereby authorize the City to contact any person or entity necessary to verify or supplement any of the information requested
by or provided in this Application without liability, and I hereby further authorize any person or entity contacted to provide any and all information requested without liability. 4.
The Contractor has read, understands, and agrees to all terms of the Prequalification Procedure and this Application. 5. I am duly authorized by law and by the Contractor to sign this
Application on behalf of the Contractor. _____________________________ CONTRACTOR Date _____________________________ ______________________________________ Witness [Signature] By: _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [Name and Title Printed] State of ____________________ County of __________________ Date: ___________________ Then personally appeared the
person who signed this page above and acknowledged this instrument to be his or her free act and deed and the free act and deed of the Contractor, and further said person swore, ON OATH,
that the statements made under the section 10 entitled “Certifications Under Oath” are true and complete. ______________________________________ [Signature of Notary Public] Name Printed:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ My Commission Expires: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
MEMORANDUM TO: Mayor and City Commissioners FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR NIGEL ROBERTS, NEIGHBORHOOD SERVICES ADMINISTRATOR THROUGH: DAVID T. HARDEN, CITY MANAGER
DATE: November 28, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 CDBG -R GRANT CLOSEOUT AGREEMENTS/HUD ITEM BEFORE COMMISSION Request for City Commission
approval of the Final Closeout documents for the Community Development Block Grant – Recovery (CDBG-R) Grant for submittal to the U.S. Department of Housing and Urban Development (HUD).
BACKGROUND This project consisted of roadway improvements on SW 14th Avenue from SW 1st Street to SW 2nd Street, and the adjacent alleys. SW 14th Avenue improvements included new parallel
parking, landscape nodes, sidewalk, landscaping, irrigation and a new drainage system. Improvements in the adjacent alleys included new pavement and drainage. The final project closeout
amount is $156,617.00. The final report was submitted to HUD on November 7, 2012. The following closeout documents will be submitted to HUD for final closeout: l CDBG-R Grantee Closeout
Certification l CDBG-R Closeout Checklist l Grant Closeout Agreement l CDBG-R Final Recipient Report l Federal Financial Report Form 425 RECOMMENDATION Staff recommends approval of the
Final Closeout documents for the Community Development Block Grant – Recovery (CDBG-R) Grant for submittal to the U.S. Department of Housing and Urban Development (HUD).
U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Page 1 HUD Form 40156 (1/2012) Attachment: C Community
Development Block Grant – Recovery (CDBG-R) Program Grantee Closeout Certification Grantee Name: Grant Number: The Grantee hereby certifies that: (1) the grant as described in the approved
application has been performed in accordance with the terms and conditions of the executed Grant Agreement and applicable CDBG-R Grant Award and that there are no known outstanding programmatic
or financial issues; and (2) all data provided below fairly reflects costs and sources of funds of the CDBG-R grant and are taken from HUD-approved reports and other project-related
documents. 1. Grant amount authorized. $ ___________ 2. Cumulative grant funds disbursed. $ ___________ (Grantee should draw down amounts for any final audit costs or unsettled third
party claims. Any such amounts not subsequently disbursed must be immediately reimbursed to HUD.) 3. Grant funds recaptured previously $ ___________ 4. Balance of grant funds to be recaptured.
$ ___________ (These funds will be recaptured by HUD in order for the funds to be returned to the U.S. Treasury.) _____________________________________________ _________________________________
Grantee Authorized Representative’s Signature and Date CPD Division Director Signature and Date ____________________________________ ________________________________ Typed Name of Signatory
Typed Name of Signatory ____________________________________ _________________________________ Title Title The above signature by HUD signifies approval of grant closeout.
Attachment: D CDBG-R Closeout Checklist For the purposes of expediting the grant closeout process, HUD asks applicants to submit the following checklist. Grantee Name _____________________________
Official Contact Person_________________________ Email Address ________________________________ DUNS NUMBER__________________________ Grant Number _________________________ Telephone
Number ____________________ Fax Number___________________________ 1. Program Income Is there any program income on-hand at the time the close out agreement is signed? Yes No If yes,
explain 2. CDBG-R Activities Are any of the activities ineligible under the Recovery Act, including swimming pools, golf courses, zoos, aquariums, and casinos or other gambling establishments?
Yes No If yes, explain: Are any of the activities ineligible under the regular CDBG program or do any of the activities provide insufficient public benefit per 24 CFR 570.209(b)(3)
or 24 CFR 570.482(f)(4)? Yes No If, yes explain: Do any activities contradict with any of the provisions in President Obama’s Ensuring Responsible Spending of Recovery Act Funds Memo,
including the section on Avoiding Funding of Imprudent Projects? Yes No If yes, explain: Any unused grant funds cancelled by HUD? Yes No If yes, explain: 3. Draw Downs Evidence that
no more than 10% of the grant amount was spent on administration and planning? Yes No If no, explain: Evidence that no more than 15% of the grant amount was spent on public services?
Yes No If no, explain: Evidence that at least 70% of the grant amount principally benefitted persons of low-and moderateincome? Yes No If no, explain: Did grantee commingle regular
CDBG and CDBG-R funds? Yes No If yes, explain If applicable, did the activities identified meet the public benefit standard underwriting guidelines as described in 24 CFR 570.209 (a)
for entitlements grantees and 24 CFR 570.482(e) for states : : HUD Form 40157 (1/2012) Page 1 OMB Approval No. 2506-0193 (exp 1/31/2015) Community Planning and Development U.S. Department
of Housing and Urban Development
Yes No If no, explain 4. Activity Eligibility and Meet a National Objective Are all activities eligible and does each activity meets a national objective? Yes No If no, explain 5.
Audits Did the grantee have any open audits prior to CDBG-R allocation? Yes No , if yes explain Did the grantee make reviews and audits of subrecipients and/or state recipients?
Yes No , if no explain 6. Monitoring Does the grantee have any open monitoring findings? Yes No , if yes explain 7. Reporting Systems Are all quarterly reports current and accurate
in Federal Reporting? Yes No , if no explain Did grantee report on the number of jobs created or retained for each activity carried out? Yes No , if n Did the grantee report on the
name, location, and contact information for the entity that carried out each activity? Yes No , if no explain Does the RAMPS data system indicate that the environmental review is complete?
Yes No , if no explain Did the grantee indicate that the grant is complete in Federal Reporting? Yes No , if no explain 8. Certifications Did the grantee adhere to all certifications
regarding the applicable provisions of the CDBG-R Notice? For example, Buy American provisions, Affirmatively Furthering Fair Housing, Section 3, Lead-based paint procedures. Yes No
, if no explain GRANTEE By: ________________________________ _____________ Grantee Authorized Representative’s Signature Date o explain : HUD Form 40157 (1/2012) Page 2 OMB Approval
No. 2506-0193 (exp 1/31/2015) Community Planning and Development U.S. Department of Housing and Urban Development
U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Page 1 HUD Form 40158 (1/2012) Attachment: E GRANT CLOSEOUT
AGREEMENT For Entitlement Community Development Block Grant-Recovery Program Between U.S. Department of Housing & Urban Development AND This agreement sets forth the terms and conditions
associated with the closeout of HUD CDBG-R Grant ( ) dated , and any applicable amendments. The certifies that, to the best of its knowledge: All activities as authorized by this grant
and any applicable amendments have been completed as described in the grantee’s final performance report dated During the administration of this award, no fraud, waste or mismanagement
has occurred in carrying out the approved activities. All grant-financed costs associated with these activities have been incurred. Proper provisions have been made for the payment
of all unpaid costs and unsettled thirdparty claims. The Department of Housing and Urban Development is under no obligation to make any payment to the in excess of the amount identified
in the grant agreement. Statements and amounts set forth in the Federal Financial Report (SF-425) are true and accurate as of this date. Further, the hereby acknowledges the remaining
obligation(s) under the terms of the grant agreement and agrees as follows: All records and documents pertaining to this grant will be maintained for a period of 4 years after execution
of this closeout agreement or the period required by other applicable laws and regulations related to affirmatively furthering fair housing-24 CFR 570.506 (g)(1), Lead-Based Paint-Poisoning
Prevention Act-24 CFR 570.608, Architectural Barriers Act and Americans with Disabilities Act—24 CFR 570.614, and the Uniform Relocation Act – 24 CFR 570.606.
U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Page 2 HUD Form 40158 (1/2012) Insert as Applicable Any
real property within the ’s control which was acquired or improved in whole or part using CDBG funds in excess of $25,000 is governed by the principles described in 24 CFR 570.505.
If any rehabilitated property falls within a flood plain, flood insurance coverage must be maintained for the mandatory period for affected property owners. Identify any closeout costs
or contingent liabilities subject to payment after the closeout agreement is signed. Submit to HUD a Federal Financial Report using Standard Form 425 upon the completion of the final
audit and resolution of any finding. A total of $ in grant funds has been previously cancelled and returned to the Department on OR A total of $ in grant funds will be recaptured by
HUD upon execution of this closeout agreement. (Optional) HUD maintains the right to conduct future monitoring of this grant, either on site or by review of information or copies of
documents requested from the . The acknowledges that a finding of non-compliance resulting from such a review and failure to take appropriate corrective action satisfactory to HUD may
be taken into account by HUD as evidence of unsatisfactory performance, in consideration of future grant awards. Further the may be required to repay HUD any disallowed costs based on
the results of a future audit or monitoring finding. For the , __________________________________ ________________________ Name /Title of Authorized Official/Title Date ______________________________
____ Signature For the Department of Housing and Urban Development: __________________________________ ________________________ Typed name of CPD Director Date __________________________________
Signature
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 27, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR
COMMISSION MEETING OF DECEMBER 4, 2012 HOUSING REHABILITATION GRANT/CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation contract to be awarded
to the lowest responsive bidder in the amount of $22,548.56. Funding for the project is through the CDBG Housing Rehabilitation Grant. BACKGROUND Approval is requested for one (1) Housing
Rehabilitation contract to be awarded to the lowest responsive bidder for the following project: 610 SW 5th Avenue, CJ Contracting, LLC/20,090.00 = Total Rehab cost: $22,548.56 Grant
awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead
abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional costs may be incurred for lead clearance test(s). The contingency may be used for change
orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement’s Building Inspection and
Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner’s signatures. Grant recipients have
met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services
Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of
a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division’s professional in-house estimate. This serves
to disqualify unreasonably low bids and therefore protect against the resulting change order requests.
FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation contract to the lowest responsive bidder in
the amount of $22,548.56.
MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: November 20, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR
COMMISSION MEETING OF DECEMBER 4, 2012 CONTRACT FOR SERVICES/BALLARD PARTNERS, INC. ITEM BEFORE COMMISSION Contract for Services between the City of Delray Beach and Ballard Partners,
Inc. BACKGROUND At the October 16, 2012 Regluar Meeting, the City Commission selected Ballard Partners, Inc. to provide lobbying services to the City regarding sober house legislation;
therefore, the attached Contract for Services is before you for consideration. RECOMMENDATION The City Attorney's Office recommends City Commission discretion.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 30, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 AGREEMENT
FOR PROFESSIONAL SERVICES/WEISS HANDLER & CORNWELL, P.A. ITEM BEFORE COMMISSION Contract for Services between the City of Delray Beach and Weiss, Handler & Cornwell, P.A. for state lobbying
services. BACKGROUND At the November 20, 2012 Regular Meeting, the City Commission selected Weiss, Handler & Cornwell, P.A. to provide lobbying services to the City regarding lobbying
at the state level. The attached Contract provides that Weiss Handler will provide lobbying services from December 2012 through June 2013 for the amount of $35,000.00. The agreement
also allows the firm to assign this agreement to a subsidiary firm in order to comply with the 2012 Senate Rules. RECOMMENDATION The City Attorney’s Office recommends City Commission
discretion.
ATTACHMENT A – SCOPE OF WORK Weiss, Handler & Cornwell agrees to provide the following services as part of a comprehensive, full-service state and local policy issues/services agreement
to achieve policy outcomes that reflect the best interest of the City of Delray Beach, its residents and its businesses: a. Develop the City’s 2013 State Legislative Agenda b. Advocate
for the City’s interests before the State Legislature c. Advocate for the City’s interests before the state’s Executive Branch d. Advocate for the City’s interests before local and other
agencies (i.e. Palm Beach County, South FL Water Management District, US Army Corp. etc.) e. Monitor legislation, provide input to legislators and their staff on proposed legislation
and inform the City of proposed legislation of interest to the City f. Provide weekly legislative updates during session (either in writing and/or in person) g. Meet regularly with City
elected officials and/or staff (i.e., in-person, conference call, etc.) h. Set up meetings with State Legislative Offices, Executive Branch and State Agencies as needed i. Any other
similar and/or reasonable services that relates to state and local advocacy services/assistance
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David T. Harden, City Manager DATE: November 27, 2012 SUBJECT: AGENDA ITEM 8.J.
-REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 APPOINTMENT TO THE VISION 2020 STEERING COMMITTEE ITEM BEFORE COMMISSION Appointment of Mark Stowe as a member of the Visions 2020 Steering
Committee. BACKGROUND Mark Baron, who was appointed as a member of the Visions 2020 Steering Committe by the Commission on October 16, 2012, has resigned his position due to scheduling
conflicts. Since Mayor McDuffie made this appointment, he would now like to appoint Mark Stowe to the Steering Committee in Mr. Baron's place. RECOMMENDATION Approve appointment of Mark
Stowe as a member of the Visions 2020 Steering Committee as recommended by Mayor McDuffie.
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 27, 2012 SUBJECT: AGENDA ITEM 8.K. -REGULAR
COMMISSION MEETING OF DECEMBER 4, 2012 LETTER OF AGREEMENT/THE JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FAU ITEM BEFORE COMMISSION Approval of a Letter of Agreement between
the City of Delray Beach and The John Scott Dailey Florida Institute of Government at Florida Atlantic University for technical assistance/facilitation services associated with the Visions
2020 project. The total cost of the agreement amount of $24,600, plus the required administrative fee of $4,182.00 for a total of $28,782.00. BACKGROUND The City Commission elected to
initiate the Visions 2020 project using the American Assembly process. At the regular meeting of October 16, 2012, the Commission appointed the seventeen (17) member Steering Committee
along with the Commission’s representative, Tom Carney, who serves as the chair. Staff has worked through the office of Sarah Shannon, Director of the John Scott Dailey Florida Institute
of Government at Florida Atlantic University for technical and facilitation services. The Steering Committee considered presentations from two (2) consultants, as recommended by Sarah
Shannon, at their first meeting on November 5th. The Committee selected Ronnie Glotzbach & Kimberly Devlin of EdTrek, electing to host one (1) full day forum under the Assembly process.
EdTrek’s total cost proposed, which includes four (4) Steering Committee planning meetings is $22,500. However, at the Steering Committee meeting on November 26th, they determined that
a total six (6) planning meetings may be necessary to complete their tasks preceding the one-day forum. They have also asked that we provide sufficient funding for a 7th meeting as an
option should it be needed. Thus, we are asking to approve the Agreement adding an additional $2,457, making the total amount not to exceed $28,782.00. FUNDING SOURCE 001-1111-511-31.90
General Fund: Other Professional Services RECOMMENDATION Staff is recommending the approval of the Letter of Agreement between the City of Delray Beach and The John Scott Dailey Florida
Institute of Government at Florida Atlantic University for technical and facilitation services associated with the Visions 2020 project for the amount not to exceed $28,782.00.
EdTrek, Inc.… Journeys in Learning EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954-321-9600 Proposed Visions 2020 Plan (revised for one-day)
Client City of Delray Beach Steering Committee Request Building on the City’s history of visioning assemblies, design, develop, and manage event logistics for a community Visioning Forum
that will generate Visions 2020 in a manner that embraces the Steering Committee’s six tentatively identified priorities: -consensus -inclusive -engagement -achievable -futuristic -implementation
Recommended Approach Obtain further direction from the Steering Committee Consult with Steering Committee on recommended approach, timeframe, areas of interest for Forum, and questions
to inspire discussions Design Visioning Forum process based on confirmed attendees that maximizes participant’s time and input while avoiding group-think or discussion domination through
such engagement activities as: inclusionary brainstorming visual voting nominal group technique and others Host a one-day Forum event for 100-150 with a team of facilitators
based on final registration count Deliver a Policy Statement with participant approval as a result of the Forum Value-added Services At no additional cost to the Steering Committee,
EdTrek will: Develop an evaluation instrument for the Forum to provide Steering Committee with targeted participant feedback to apply to future visioning sessions Photo document
Forum activities and provide images for use in communicating and marketing the output of Visions 2020 Share best practices for pre-and post-Forum activities to maximize effectiveness
Targeted Audience Varied group of City residents, business owners, youth, educational leaders, and merchants (approximately 100-150); and the Steering Committee members Timeline
Guide Steering Committee planning meetings November 2012 through February 2013 Host Visioning Forum in March 2013 Finalize resulting Policy Statement document in March/April 2013
EdTrek, Inc.… Journeys in Learning EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954-321-9600 Responsibilities EdTrek Plan, facilitate, and
summarize Forum planning meetings with the Steering Committee Design and develop the Forum agenda based on confirmed attendees Communications creation: ghost writing of event invitation,
explanation and reminder communications to establish expectations from the outset Logistics: securing a facility, managing the event onsite, sign in the day of the Forum, light catering
Deliver a Policy Statement with participant approval as a result of the Forum Develop an evaluation instrument for the Forum to provide Steering Committee with targeted participant
feedback to apply to future visioning sessions Florida Atlantic University Institute of Government (FAU IOG) Facilitate contract management and invoicing for Forum-related activities
City of Delray Beach Key Contact (Lula Butler) Serve as a liaison between Steering Committee and EdTrek Comply with/manage Sunshine Law requirements of meetings Communications
distribution (i.e., sending out content developed by EdTrek) Attend Forum as an onsite resource Provide results to date from the 2010 Visioning process City of Delray Beach Steering
Committee Provide informed perspective on content of the Forum Identify Forum participants representative of the community Actively participate in the Forum Critical Next Steps
1. Steering Committee to select consultant 2. Establish dates for all Steering Committee Planning meetings 3. Secure venue and date for Visioning Forum
EdTrek, Inc.… Journeys in Learning EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954-321-9600 Deliverables and Fee Structure Fee Activities Actions
Pre-Forum $700/meeting Steering Committee Planning Meetings Plan structured sessions to maximize effectiveness Facilitate meetings Summarize meeting decisions and action
steps Inclusive of meeting materials, as required $6,450 Design Design retreat Communications Committee communications Liaison contact with Lula Personalized invitations template
Explanatory documents Thank you communications Materials Production, manipulatives, facilitation tools $4,900 Logistics Secure a facility Confirm media requirements, parking,
directions, etc. Participant pre-registration * Coordinate light catering Forum $4,800/day Facilitation Delivery with a team of four facilitators $1,100/day Onsite logistics
Manager of onsite event Registrar for sign-in desk at Forum Post-Forum $2450 Reporting Summarize Forum outputs, integrating graphic elements as applicable Submit first draft to
Steering Committee for feedback Make final revisions to document Provide final Policy Statement document EdTrek total: $24,600* $28,782* One-day event including IOG 17% fee (seven
planning meetings) Pass through at cost Facility rental Catering costs If incurred Will work with catering budget established by Steering Committee Submitted: Ronnie Glotzbach and Kimberly
Devlin Date: 11/27/2012 rev. EdTrek, Inc. Co-founders Letter of Agreement valid for 14 days
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
3
Number and Classifications of Employees Number of employees for each category, i.e.; skilled
laborers, unskilled, supervisors, foreman, equipment operators, administrative, etc.
Paving A project that predomin ately consists of the paving or repaving, but that may include
non-paving work including bridge constructi on, roadway construction, and minor utility
extensions/relocations. Such pr ojects include all subcontracted work necessary to complete the
project.
Predecessor Entities Any individu al or entity that was legally organized at any time during the
past five years (even if not operating) and that wa s previously owned, operated, or controlled to a
Significant degree by the C ontractor requesting prequa lification, or that Contra ctor’s owners, officers,
or Key Personnel.
Predominately Unless the context clearly indica tes otherwise, “predominately” means not less
than 50% of cost.
Prequalification Committee The committee, appoi nted by the City with primary responsibility
and authority to carry out this Procedure. See Section 3.1 of this Procedure.
Prequalification Periods One (1) year peri ods starting and ending on October1st.
Procedure The procedure and requirements contained in this Contractor’s Pr equalification
Procedure and the accompanying Application.
Project Type The classification of project for which prequalification may be sought or granted as
listed in Section 2 of the Application.
Qualifying Bonding Company For projects under five hundred thousand dollars, an insurance,
bonding, and/or surety company that is acceptable a nd satisfactory to the City and which meets the
requirements of Florida Statutes Section 287.0935. For projects exceeding five hundred thousand
dollars, an insurance, bonding, and/or surety compa ny must have a Best Rating of no less than A-VII.
Received or Receipt Actual receipt by either US mail, overnight courier, service in hand, or fax
by the person to whom the materials are addresse d, or their authorized representative, with
confirmation of receipt originating from the su ch person or their authorized representative.
Recreational Facilities Constructio n A Construction Proj ect that predominately consists of the
construction of recreational faciliti es including athletic fields and associated appurtenances such as
irrigation systems, sports lighting and playgrou nd equipment but that may include non-recreational
construction work including building construction, la ndscaping, and/or paving. Such projects include
all subcontracted work necessary to complete the project.
Related Entities All general partners, joint ventur es, parent firms, subsidiaries, or sister firms
that (a) are currently legally organized (even if not operating), (b) are owned, operated, or controlled to
a Significant degree by the Contra ctor requesting prequalification, or that Contractor’s owners,
officers, or Key Personnel.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
4
Roadway Construction A Construc tion Project that predominately c onsists of the construction or
reconstruction of a roadway, but that may include non-roadway construction work including bridge
construction, landscaping, and/or paving. Such projec ts include all subcontracted work necessary to
complete the project.
Sidewalks A Construction Project that predominately consists of the construction or replacement
of sidewalk, but that may in clude non-sidewalk construction work including swale grading,
landscaping, and/or paving. Such projects include all subcontracted work necessary to complete the
project.
Significant The level or degree that would be reasonably relevant to a party who is
contemplating contracting with the Contractor a nd who is therefore attempting to determine the
qualifications, experience, competence, a nd trustworthiness of the Contractor.
Underground Utilities A Construction Project that predominately consists of buried conduits for
the transport of potable water, wastewater, reclaime d water, storm water or other City operated utility
infrastructure components which may include non-underground utility cons truction work paving,
curbs, sidewalk or surface restoration. Such projec ts include all subcontracted work necessary to
complete the project.
Work The furnishing of all labor, materials, equipment, supplies, services, personnel, and other
incidentals necessary for the completion of the proj ect in conformity with the contract documents.
Unless the context clearly indicates otherwise, a ll other words, phrases or terms shall have the
meanings contained in the latest version of the City’s Minimum Construction Standards.
1.3 Authority
The City has full power in the le tting of all contracts for work under its jurisdiction and thus has
the authority to determine whether bidders on constr uction contracts are respons ible. Accordingly, the
City has approved this Contractor’s Prequalifica tion Procedure and hereby delegates all authority
necessary to carry it out as provided in this Procedure.
1.4 Contractor Changes
The Contractor has an ongoing duty to notify the City E ngineer within thirty (30) days of any changes
to the information provided in the Application that significantly alte rs, as reasonably determined by the
Contractor, the Contractor’s ability to perform the Work required for the Project Types for which it is
prequalified. Upon notification by the Contractor or upon discovery by the City, the City may require
the Contractor to re-app ly for prequalification.
Nothing in this Procedure, the accompanying Application, or an y communications from the City
regarding prequalification shall be interpreted as depriving the City of the authority to disqualify
Contractors, or the authority to reject any bid in the best interest of the City, when, in the discretion of
the City, changed circumstances have affected the responsibility and/or qualifications of the
Contractor.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
5
1.5 Duration of Prequalification
Unless disqualified or otherwise barred from bidd ing by the City or other entity with competent
jurisdiction, Contractors prequali fied during the window for prequa lification (see 1.8 below) pursuant
to this Procedure shall be considered eligible to be awarded Project Types for which the Contractor is
prequalified for the one year pe riod starting October 1. Contractor s prequalifying after the window for
prequalification closes shall remain prequalified until the following October 1.
1.6 Termination of Prequalification
The City may, in its sole discreti on, terminate an award of prequalific ation to any contractor based on
the City’s determination that the contractor no longer meets the sta ndards for prequalification. Once a
contractor’s prequalificati on status has been terminated, the cont ractor must wait for a period of one
year before applying to become prequalified.
1.7 Award of Multiple Projects to a Contractor
If a prequalified contractor is the low bidder on more than one project where the construction work, or
portions of the construction work, will be performed at the same time or the contractor is currently
working on a construction contract and is the low bidder on another c onstruction project, the City, in
its sole discretion may not consider the contractor’s bid if the City determines, in its sole discretion,
that the award of another contract to the contractor would not be in the best interests of the City.
1.8 Term of Prequalification
If contractor is prequa lified prior to April 1 st , the contractor prequalification will expire as of
September 30th of same fiscal year. If contra ctor prequalification is approved after April 1 st the
contractor prequalification will expire as of September 30 th of the following fiscal year.
2. APPLICATION FOR PREQUALIFICATION
2.1 Requirement to Submit Application
A Contractor shall not be allowed to bid on the construction project ty pes attached to this application
until the prequalification process has been completed.
2.2 Application Schedule
Regarding the time frame after application, the City anticipates that mo st Contractors will be
prequalified within 60 business days of submitting a complete application package. A full appeal
process can take about 3 months w ithin the City. Therefore, Cont ractors are encouraged to apply
early. As provided in Section 4 of this procedure, Contractors determined to be not qualified are not
eligible for contract awards pending appeal.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
6
2.3 Project Types for Prequalification
The Contractor must apply for, and the City may pr equalify the Contractor for, one or more of the
Project Types listed in Section 2 of the Application. The Project Type for individual projects shall be
as stated in the advertisement for bids, or if not stated, shall be determined by the City Engineer.
2.4 Submittal Requirements
The Contractor must honestly, accurately and comp letely supply all information requested in the
Application. Applications will not be considered received until the City Engineer has received a
properly completed Application in cluding all required supporting data. Applications shall not be
reviewed by the Committee until properly completed, received and accepted.
3. PREQUALIFICATION DETERMINATION
3.1 Prequalification Committee
3.1.1 Membership
The City hereby creates a standing committee, to be known as the Prequalif ication Committee, with
primary responsibility and authority to carry out this Procedure. The City appoints the following City
personnel, or their successors, as permanent members of the Committee.
Director of Envir onmental Services, Chair
City Engineer, Vice Chair
Assistant City Engineer
Deputy Director of Construction
Assistant City Manager
Finance Director
In the event that any of the above members are una ble to serve, or in the event that the Chair
determines additional members would be of assi stance in the fulfillment of the duties of the
Committee, the Chair may appoint other City personnel to serve as alternate or additional members.
3.1.2 Committee Administration
Committee meetings will be called and scheduled when necessary as determined by the City Engineer
with the approval of the Chair. A quorum shall consist of at least f our (4) members. The Chair shall
preside at all meetings. In the absence of the Ch air, the Vice Chair may assume all authority of the
Chair. The City Engineer or designee shall keep minutes of all meetings, record all decisions, and
otherwise document the actions of the Committee.
3.2 Review and Investigation
The Committee shall review all information provided in the App lication. The Committee or its
designees may (a) contact any person or entity nece ssary to verify and/or supplement any of the
information requested by or provided in the App lication and (b) review information from other
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
7
published sources of industry information, informa tion from governments and any other significant
information.
3.3 Interview and Additional Information
Whenever the Committee determines that the nature or extent of the info rmation provided in the
Application is insufficient or indi cates that the Contractor is not qualified, the Committee will contact
the Contractor to seek additiona l information and, if desired by th e Contractor, to schedule an
interview to discuss the specific reasons that ha ve caused that preliminary determination. The
Contractor will submit all additional in formation requested by the Committee.
3.4 Pass-Fail Evaluation System
The Committee shall evaluate all the information pr ovided or obtained as a w hole on a pass-fail basis
to determine whether the Contractor is responsible and qualified. In doing so, the Committee will use
the following descriptive categories.
QUALIFIED: With respect to the Projec t Type under consideration, sufficient
information exists to determine that the C ontractor is likely to build an acceptable
project in a timely manner using acceptable processes.
NOT QUALIFIED: With respect to the Project Type under consideration, the
information demonstrates that it is unlikely that the Contractor can build an acceptable
project in a timely manner us ing acceptable processes.
3.5 Grounds for Determination of “Not Qualified”
A finding by the Committee based upon substantial ev idence that any one of the following conditions
exists shall be sufficient grounds, though not mandatory grounds, for an overall determination of “Not
Qualified”. The City Manager will approve all Committee findings of “Not Qualified.”
1. Unsatisfactory and/or insufficient Contractor experience.
2. Unsatisfactory performance on pr ior awarded City contracts.
3. Number of personnel with applicable knowledge and experience significantly below
industry standards.
4. Insufficient bonding capability.
5. Safety record significantly below industry standards.
6. Environmental record significan tly below industry standards.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
8
7. A denial of prequalification or award of contract, disbarment , or other irregularities with
respect to any federal, state, or lo cal government or procurement agencies.
8. A pattern of unsupported Claims.
9. A record of excessive change orders or contract additions.
10. Conviction of a bid or other crime or indict ment with substantial evidence regarding the
same.
11. Deceptive, evasive or fraudulent statements or omissions contained in the Application, made
or omitted at any interview or hearing, or otherwise made to or omitted from the City.
12. Other substantial deficiencies that are clearly below industry standards and that clearly
demonstrate that the Contra ctor is “Not Qualified”.
3.6 Notice of Prequalification
3.6.1 Time and Contents of Notice
If the Contractor submits a timely and conforming A pplication, the City will deliver to the Contractor a
“Notice of Prequalification” once a decision has been made. The No tice will set forth the Project
Types for which the Contractor is e ligible to bid, if any. If the City determines that the Contractor is
not qualified for any or all Project Types applied for, said Notice will also set forth the specific reasons
therefore to the extent practical.
4. APPEAL
4.1 Notice of Appeal to City Manager
To appeal, the Contractor must deliver a written “N otice of Appeal Regarding Prequalification” to the
City Manager on or before 4:00 P. M. on the fifth full Business Day after the date of receipt of the
“Notice of Prequalification” provid ed under Section 3.6. Such notice must be delivered to the City
Clerk’s Office located at 100 N.W. 1 st Avenue, Delray Beach, Florida. At a minimum, the “Notice of
Appeal Regarding Prequalif ication” must contain:
A. The specific errors that the Contractor a lleges were made by the City regarding
prequalification;
B. The specific relief sought;
C. A request to submit additional written materials (if desired);
D. A request for a Hearing (if desired); AND
E. A designation of counsel or any other party that will be re presenting the Cont ractor in the
appeal (if any).
4.2 Submission of Written Materials
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
PROCEDURE
9
Within ten (10) Business Days of the filing of th e Notice of Appeal Regarding Prequalification, the
Contractor and the Committee must deliver to the C ity Manager (or such othe r person(s) as the City
Manager may designate in writing), a nd to each other, all written materi als that each party contends is
necessary for the City Manager to fairly and obj ectively evaluate and deci de the appeal. Such
materials can include evidence or arguments. The Committee’s written materials may include a
request for a Hearing.
4.3 Hearing
If requested by the Contractor, the Committee, or the City Manager or his designee(s), a Hearing will
take place within twenty (20) Business Days of the filing of additional written materials by the
Contractor and/or the Committee, wh ichever occurs later, at a time and place determined by the City
Manager or his designee(s). The parties will have at least 72 hour advance notice of such Hearing.
The Contractor and the Committee shall each be afforded the opport unity to be heard by the City
Manager or his designee.
4.4 Decision
The City Manager or his designee(s) may leave the record of the appeal open for the submission of
further evidence or arguments for up to ten (10) Bu siness Days after the conc lusion of the Hearing, or
to such other mutually agreeable date certain. If no Hearing is held, th e record of the a ppeal shall close
on the date of filing of additional written materi als by the Contractor and the Committee, whichever
occurs later.
Unless the City Manager or his designee(s) reasonably determines that special circumstances exist that
justify delay of the decision, the City Manager or his designee(s) will, with in twenty (20) Business
Days of the closing of the record:
A. in writing, revise, modify, or reverse the previo us determinations regarding prequalification;
B. in writing, affirm the said determinations;
C. in writing, state that the City Manager does not inte nd to take further action; OR
D. take no written action, which shall be consider ed a decision affirming said determination.
4.5 Final Agency Action
Any written revision, modification, reversal, affirma tion, or statement that no further action will be
taken from the City Manager or his designee(s) shall be final agency action as of the date of receipt by
the Contractor of such writing. If the City Manager or his design ee(s) takes no written action, the
City’s latest determinations regarding prequalificati on shall be final agency action as of the date of
expiration of the twenty (20) Business Day peri od for a decision by the City Manager provided in
Section 4.4 of this Procedure
4.6 Law and Venue
Any action shall be governed by the Laws of the Stat e of Florida and venue sh all be in Palm Beach
County.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
Application - Cover Page
APPLICATION
_______________________________________________________
[Legal Name of Contractor Applying for Pre qualification, hereafter “Contractor” or “you”]
The Contractor Seeks Prequalif ication By The Following Date [Check One]
______ New Submission Package
______ Prequalification Renewal Package
*****************************************************************************
CONTENTS - INFORMATION TO BE SUBMITTED
Page
1. Basic Information 1
2. Application for Prequalification Types 1
3. Organizational Structure & History 2
4. Officers and Owners 3
5. Experience 4
6. Key Personnel 8
7. Bonding 9
8. Safety 9
9. Environmental and Civil Rights Information 11
10. Certifications Under Oath * 12
[City Use Only Below This Line]
******************************************************************************************************
Date Application Received: ________________
Contractor Prequalified For Th e Following Project Types
____ Bridge Construction
____ Roadway Construction
____ Paving
____ Marine Construction (Wharves, Piers. etc.)
____ Building Construction
____ Lift Stations
____ Underground Utilities
____ Recreationa l Facilities Construction
____ Sidewalks
AMI Deployment/Water Meter Replacements
Date of Prequalification: ___________________
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 1 of 12
****************************************************************************
INSTRUCTIONS
1. This Application must be filled out in accordance w ith all requirements of the City’s Prequalification
Procedure. The Application and Procedure is available from the City’s web site at
or from the City’s Purchasing Department, telephone (561) 243-7161 . Do not attempt
to complete this form without understanding this Procedure.
2. Unless Contractor meets an exception listed in sec tion 1.1 of the Procedure, Contractor must be
prequalified to be awarded Construction Contracts, as defined.
3. Regarding the time frame after application, the City anticipates that most Contractors will be prequalified
within 60 business days of applying. A full appeal process can take about 3 months within the City.
Therefore, Contractors are encouraged to apply early.
4. Words or phrases shown with initial capitalization (i.e. Initial Capitalization) usually are defined in section
1.2 of said Procedure.
5. Please print legibly, type, or word process. Sign in ink. When attaching sheets, please place the question
number to which you are responding in the upper ri ght hand corner of each sheet and number the sheets.
6. Note that the person signing this Application must swear that the information provided below is true,
accurate, and complete .
****************************************************************************
1. Basic Information
Name of Contractor: _________________________________________________________
[Same as on Cover Page of This Application]
Contact Person(s): _________________________________________________________
Telephone No: _____________ Fax No: ____________ E-mail: _______________
Address: _________________________________________________________
_________________________________________________________
Federal Tax ID No: _________________________________________________________
2. Project Types For Which Prequalification Is Applied
[See definitions in section 1.2 of Procedure.]
____ Bridge Construction
____ Roadway Construction
____ Paving
____ Marine Construction (Wharves, Piers. etc.)
____ Building Construction
____ Lift Stations
____ Underground Utilities
____ Recreationa l Facilities Construction
____ Sidewalks
AMI Deployment/Water Meter Replacements
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 2 of 12
3. Organizational Structure & History
3.1 The Contractor is duly organi zed under the laws of the State of
____________________________________.
3.2 The Contractor has the follo wing organizational structure.
( ) individual ( ) corporation ( ) partnership
( ) limited liability compa ny ( ) joint ventur e ( ) other: __________________
3.3 Please provide the year the Contractor (and not any Predecessor Entities or Related
Entities) was first organized. __________
3.4 Please list all Predecessor Entities belo w (or on attached shee ts if necessary).
________________________________
________________________________
________________________________
3.5 Please list all Related Entities below (or on attached sheets if necessary).
________________________________
________________________________
________________________________
3.6 If organized in any state other than Florid a or in a foreign country, are you in compliance
with all laws and regulations necessary to legally do business in the State of Florida?
Note: If organized in the state of Florida please answer N/A.
YES _____ NO _____ N/A _____
3.7 W-9 Submission – Please submit current W-9 if the City has not received.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 3 of 12
4. Officers and Owners
4.1 Officers Please list the name , title, and address of current Officers, Di rectors, Partners,
Members, and any other persons with analogous positions, in descending order of degree of
control.
Name Title Address
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
________________________ __________________ ____________________________
[Attach additional sheets as necessary.]
4.2 Owners. Please list the name, address, and percentage of ownership of all persons or
entities owning 10 percent or more of the Contractor, in desce nding order of percentage of
ownership.
Owner Address %
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
________________________ ___________________________________ __________
[Attach additional sheets as necessary.]
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 4 of 12
5. Experience
5.1 Summary of Contractor Experience With re spect to each the followi ng Project Types, list
the approximate number of years of experience that the Contractor has as a prime contractor or
as a subcontractor with primary responsibility.
Project Type Years
Bridge Construction _________
Roadway Construction (excluding paving) _________
Paving _________
Marine Construction (Wharves, Piers. etc.) _________
Building Construction _________
Underground Utilities _________
Lift Stations _________
Recreational F acilities Construction _________
Sidewalks _________
AMI Deployment/Water Meter Replacements _________
List of Construction Equipment Owned Nu mber and Classification of Employees
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 5 of 12
5.2 Most Recently Completed Contracts Pl ease provide the information request in
Attachment A (Excel File) regarding the last six contracts completed by the Contractor.
Please list in reverse chronological order (most recently complete d project first, next most
recently completed project, etc.).
Victor: Where are A ttachments A & B?
5.3 Contracts In Progress Please provide the in formation requested in Attachment A (Excel
File) for all contracts cu rrently in progress, in descending or der of contract amount. For each
project listed on Attachment A please co mplete Attachment “B” (Word File).
5.4 Provide an alphabe tical listing of all stat e or local government or procurement agencies
that have awarded the Contractor (or any Pred ecessor Entities and Related Entities) a contract
during the last five years.
1.___________________ 6.___________________
2.___________________ 7.___________________
3.___________________ 8.___________________
4.___________________ 9.___________________
5.___________________ 10.___________________
[Attach additional sheets as necessary.]
5.5 Liquidated Damages Within the last five years, has the Contractor (or any Predecessor
Entities or Related Entities) had liqui dated damages assessed against it?
YES _____ NO _____
If YES, please provide full de tails on attached sh eets including the per diem amount of
liquidated damages, the original contract time, and the number of days for which liquidated
damages were assessed. Please feel free to include a written summary of your position on the
matter.
5.6 Terminations / Suspen sions / Defaults
(a) Within the last five years, has a contract of the Contractor (or a ny Predecessor Entities or
Related Entities) been termin ated or suspended for cause?
YES _____ NO _____
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 6 of 12
(b) Within the last five years, has another party (e.g. surety) completed Work which the
Contractor (or any Predecessor Entities or Rela ted Entities) was origin ally responsible to
perform?
YES _____ NO _____
(c) Within the last five years, has the Cont ractor (or any Predecessor Entities or Related
Entities) been considered in default of a cont ract that was not cured within the time frame
allowed by the contract?
YES _____ NO _____
If the answer to any of questions 5.6(a) -(c) is YES, please provide full details on attached
sheets. Please feel free to include a writt en summary of your position on the matter.
5.7 Denial of Prequa lification or Award
(a) Within the last 5 years, has any federal, st ate, or local government or procurement agency
denied the Contractor (or any Predecessor Enti ties or Related Entities) prequalification?
YES _____ NO _____
(b) Within the last 5 years, has any federal, st ate, or local government or procurement agency,
after the Contractor (or any Predecessor Entitie s or Related Entities) submitted the apparent
low bid, refused to award a contract for reason s related to the Contractor’s qualifications,
experience, competence, or financial situation?
YES _____ NO _____
If the answer to either of questions 5.7(a) or (b) is YES, please provide full details on attached
sheets. Please feel free to include a writt en summary of your position on the matter.
5.8 Debarments, Etc
(a) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities)
been debarred for any reason by any federal, state, or local government or procurement
agencies?
YES _____ NO _____
(b) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities)
refrained from bidding for any reason, such as susp ension or agreement not to bid, or as part of
the settlement of a Dispute of any type with any federal, state, or local government or
procurement agencies?
YES _____ NO _____
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 7 of 12
If the answer to either of questi ons 5.8(a) or (b) is YES, please provide full details on attached
sheets. Please feel free to include a writt en summary of your position on the matter.
5.9 Claims History Within the last 5 years, has the Contractor (or any Predecessor Entities or
Related Entities) been a party to a Claim with an originally claimed amount in excess of
$50,000? [Please note the relatively narrow definition of “Claim” in section 1.2 of the Procedure.]
YES _____ NO _____
If YES, please provide full details for each Cl aim on attached sheets including (a) whether the
Claim was brought by or against the Contract or (or any Predecessor Entities or Related
Entities), (b) the nature of the Dispute underlying the Claim, (c) originally claimed amounts,
(d) the resolution of such Claims (including the amount) or if unresolved, the current status of
such Claims, and (e) the name, address and pho ne number of the primary adverse party who
can be contacted for additional information, a nd (f) a written summary of your position on the
matter (if desired).
5.10 Bid or Other Crimes Within the last 10 years, has the Contra ctor (or any Predecessor
Entities or Related Entities), or any officers, owners, or Key Personnel of the same ever been
indicted on, convicted of, or plead or consen ted to a violation of a bid crime including bid
collusion or any other crim e involving fraud or knowi ng misrepresentation?
YES _____ NO _____
If YES, please provide full details on attached sheets. Please feel free to include a written
summary of your posit ion on the matter.
5.11 Quality Control Does the Contractor have a written organizationa l-level quality control
plan (as opposed to project-level plans)?
YES _____ NO _____
If YES, please answer the following two questions.
(a) What year was it first adopted? ______
(b) In what year was it s substance last revised? ______
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 8 of 12
6. Key Personnel
6.1 Please provide the following informati on for all Key Personnel whose duties consist
primarily of one or more the following functio ns: (a) project management, (b) quality control
and (c) safety oversight. [Please feel free to provide this informati on on attached sheets in another format as
long as it contains all the information requested.]
Name Job Duties Re levant Licenses Experience Education
(a-c above) or Certifications (# of Yrs) (Degree or # Yrs)
1_____________________ ________ ______________ _________ _________
2_____________________ ________ ______________ _________ _________
3_____________________ ________ ______________ _________ _________
4_____________________ ________ ______________ _________ _________
5_____________________ ________ ______________ _________ _________
6_____________________ ________ ______________ _________ _________
[Attach additional sheets as necessary.]
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 9 of 12
7. Bonding
7.1 Is the Contractor capable of obtai ning from a Qualifying Bonding Company a
performance bond and a payment bond each in the am ount of the bid prices that the Contractor
will be submitting to the City? [See definition of “Qualifying Bonding Company” in section 1.2 of
Procedure.] Note: For projects exceeding five hundred t housand dollars, an insurance, bonding,
and/or surety company must have a Best Rating of no less than A-VII
YES _____ NO _____
If YES, please attach a letter from a Qualifyi ng Bonding Company that: (a) states that the said
company meets the definition of “Qualifying Bonding Company” se t forth in section 1.2 of the
Procedure and (b) sets forth th e bonding capacity of the Contract or including a specific dollar
amount for single project and aggregate amo unt. Letters indicating “unlimited” bonding
capacity are not acceptable. (c) States verifica tion that Bonding Company accepts City Bond
Form (sample attached).
If NO, please explain why you cannot meet th e bonding standards set forth in question 7.1
above on attached sheets.
8. Safety
8.1 Does the Contractor have a written safety program?
YES _____ NO _____
If YES, please answer the following two questions.
(a) What year was it first adopted? ______
(b) In what year was it s substance last revised? ______
8.2 Does the Contractor hold regular work site safety meetings for immediate supervisors?
YES _____ NO _____
If YES, at what frequency? Week ly ____ Monthly ____ Other ___________
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 10 of 12
8.3 For each of the last three (3) full calendar years, provide the following totals from your
“Log and Summary of Occupationa l Injuries and Illnesses” (U S City of Labor, Bureau of
Labor Statistics, OSHA No. 200). [Please feel free to attach copies of your OSHA No. 200 logs or to
provide this information in another format on attached shee ts as long as it contains all the information requested.]
OSHA 3 Yrs Ago 2 Yrs Ago Last Yr
No. 200 Yearly Total Yearly Total Yearly Total
Column # Description ___ 20 ___ 20 ___
1 # of Injury Related Fatalities __________ __________ __________
2 # of Injuries Involving Lost
or Restricted Workdays __________ __________ __________
3 # of Injuries Involving
Days Away From Work __________ __________ __________
4 # of Days Away From
Work Due To Injuries __________ __________ __________
5 # of Restricted Workdays
Due To Injuries __________ __________ __________
8 # of Illness Related Fatalities __________ __________ __________
9 # of Illnesses Involving Lost
or Restricted Workdays __________ __________ __________
10 # of Illnesses Involving
Days Away From Work __________ __________ __________
11 # of Days Away From
Work Due To Illnesses __________ __________ __________
12 # of Restricted Workdays
Due To Illnesses __________ __________ __________
On attached sheets, please feel free to provide ot her information to aid in the interpretation of
the above information including, for example, the ratio of the above line items to total days
worked.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 11 of 12
8.4 Have you had any accident in the past three years that caused over $ 50,000 in property
damage?
YES _____ NO _____
If YES, please provide full details of each such accident on attached sheets.
Please feel free to include a written summary of your posit ions regarding any of the
information provided in this section 8 - Safety.
Complete and attach the Safety Supplemental.
9. Environmental and Ci vil Rights Information
9.1 Environmental Record. With in the last 5 years, has the Contractor (or any Predecessor
Entities or Related Entities) b een found to be in violation of any federal, state or local
environmental law or regulation in an administra tive, civil or criminal proceeding in which the
fact finder found that the Contractor intentiona lly or knowingly committed the violation and/or
failed to comply after having b een notified of the violation?
YES _____ NO _____
If YES, please provide full details, including a summary of your positio n, on attached sheets.
9.2 Civil Rights Record. Within the last 5 y ears, has the Contractor (or any Predecessor
Entities or Related Entities) had any findi ngs and/or rulings of sexual harassment,
discrimination, or other civil ri ghts violations against it?
YES _____ NO _____
If YES, please provide full details, including a summary of your positio n, on attached sheets.
Complete and attach the Equal Employment Opportunity/Civil Rights Supplemental.
CITY OF DELRAY BEACH
CONTRACTOR’S PREQUALIFICATION
APPLICATION
Application - 12 of 12
10. Certifications Under Oath
By signing below, the person signing below hereby certifies and swears, ON OATH ,
as follows.
1. I have personal knowledge of all the informati on contained in this Application OR I am
responsible for the accuracy of all such information
2. The information contained in this Application is true and complete.
3. I hereby authorize the City to co ntact any person or en tity necessary to ve rify or supplement
any of the information requested by or provide d in this Application without liability, and I
hereby further authorize any person or entity contacted to provide any and all information
requested without liability.
4. The Contractor has read, unders tands, and agrees to all te rms of the Prequalification
Procedure and this Application.
5. I am duly authorized by law and by the Contractor to sign this Application on behalf of the
Contractor.
_____________________________ CONTRACTOR
Date
_____________________________ ______________________________________
Witness [Signature]
By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [Name and Title Printed]
State of ____________________
County of __________________ Date: ___________________
Then personally appeared the person who signed this page above and acknowledged
this instrument to be his or her free act and d eed and the free act and de ed of the Contractor,
and further said person swore, ON OATH, that the statements made under the section 10
entitled “Certifications Under Oath” are true and complete.
______________________________________
[Signature of Notary Public ]
Name Printed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
My Commission Expires : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
MEMORANDUM
TO:Mayor and City Commissioners
FROM:LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR
NIGEL ROBERTS, NEIGHBORHOOD SERVICES ADMINISTRATOR
THROUGH:DAVID T. HARDEN, CITY MANAGER
DATE:November 28, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
CDBG - R GRANT CLOSEOUT AGREEMENTS/ HUD
ITEM BEFORE COMMISSION
Request for City Commission approval of the Final C loseout documents for the Community
Development Block Grant – Recovery (CDBG-R) Grant f or submittal to the U.S. Department of
Housing and Urban Development (HUD).
BACKGROUND
This project consisted of roadway improvements on S W 14 th Avenue from SW 1 st Street to SW 2 nd
Street, and the adjacent alleys. SW 14 th Avenue improvements included new parallel parking, landscape
nodes, sidewalk, landscaping, irrigation and a new drainage system. Improvements in the adjacent
alleys included new pavement and drainage. The fina l project closeout amount is $156,617.00.
The final report was submitted to HUD on November 7 , 2012. The following closeout documents will
be submitted to HUD for final closeout:
CDBG-R Grantee Closeout Certification
CDBG-R Closeout Checklist
Grant Closeout Agreement
CDBG-R Final Recipient Report
Federal Financial Report Form 425
RECOMMENDATION
Staff recommends approval of the Final Closeout doc uments for the Community Development Block
Grant – Recovery (CDBG-R) Grant for submittal to th e U.S. Department of Housing and Urban
Development (HUD).
U.S.DepartmentofHousingandUrbanDevelopment
CommunityPlanningandDevelopment
OMBApprovalNo.2506-0193(exp1/31/2015)
Page1
HUDForm40156(1/2012)
Attachment:C
CommunityDevelopmentBlockGrant–Recovery(CDBG-R)Program
GranteeCloseoutCertification
GranteeName:
GrantNumber:
TheGranteeherebycertifiesthat:(1)thegrantasdescribedintheapprovedapplicationhasbeenperformedin
accordancewiththetermsandconditionsoftheexecutedGrantAgreementandapplicableCDBG-RGrantAwardand
thattherearenoknownoutstandingprogrammaticorfinancialissues;and(2)alldataprovidedbelowfairlyreflects
costsandsourcesoffundsoftheCDBG-RgrantandaretakenfromHUD-approvedreportsandotherproject-related
documents.
1.Grantamountauthorized.$___________
2.Cumulativegrantfundsdisbursed.$___________
(Granteeshoulddrawdownamountsforanyfinalauditcosts
orunsettledthirdpartyclaims.Anysuchamountsnotsubsequentlydisbursed
mustbeimmediatelyreimbursedtoHUD.)
3.Grantfundsrecapturedpreviously$___________
4.Balanceofgrantfundstoberecaptured.$___________
(ThesefundswillberecapturedbyHUDinorderforthefundstobereturnedtotheU.S.Treasury.)
______________________________________________________________________________
GranteeAuthorizedRepresentative’sSignatureandDateCPDDivisionDirectorSignatureandDate
____________________________________________________________________
TypedNameofSignatoryTypedNameofSignatory
_____________________________________________________________________
TitleTitle
TheabovesignaturebyHUDsignifiesapprovalofgrantcloseout.
Attachment: D
CDBG -R Closeout Checklist
For the purposes of expediting the grant closeout process, HUD asks applicants to submit the following
checklist.
Grantee Name _____________________________
Official Contact Person_________________________
Email Add ress ________________________________
DUNS NUMBER __________________________
Grant Number _________________________
Telephone Number ____________________
Fax Number___________________________
1. Program Income
Is there any program income on -hand at th e time the close out agreement is signed? Yes No
If yes, explain
2. CDBG -R Activities
Are any of the activities ineligible under the Recovery Act, including swimming pools, golf courses,
zoos, aquariums, and casino s or other gambling establishments? Yes No If yes, explain:
Are any of the activities ineligible under the regular CDBG program or do any of the activities provide
insufficient public b enefit per 24 CFR 570.209(b)(3)or 24 CFR 570.482(f)(4)?
Yes No If , yes explain:
Do any activities contradict with any of the provisions in President Obama’s Ensuring Responsible
Spending of Recovery Act Funds Memo , including the section on Avo iding Funding of Imprudent
Projects? Yes No If yes , explain:
Any unused grant funds cancelled by HUD? Yes No If yes, explain:
3. Draw Downs
Evidence that no more than 10%of the grant amount was spent on administration and planning?
Yes No If no, explain:
Evidence that no more than 15% of the grant amount was spent on public services? Yes No If n o,
explain:
Evidence that at least 70% of the grant amount principally benefitted persons of low -and moderate -
income? Yes No If no, explain:
Did grantee commingle regular CDBG and CDBG -R funds? Yes No If yes, explain
If applicable, did the activities identified meet the public benefit standard underwriting guidelines as
described in 24 CFR 570.209 (a) for entitlements grantees and 24 CFR 570.482(e) for states
:
:
(1/2012)7 4015 HUD Form
1 Page
31/2015)0193 (exp 1/-2506 OMB Approval No.
Community Planning and Development
U.S. Department of Housing and Urban Development
Yes No If no , explain
4. Activity Eligibility and Meet a National Objective
Are all activities eligible and does each activity meets a national objective? Yes No If n o,
explain
5. Aud its
Did the grantee have any open audit s prior to CDBG -R allocation ?Yes No , if yes explain
Did the grantee make reviews and audits of s ubrecipients and/or state recipients ? Yes No , i f
n o explain
6.Monitoring
Does the grantee have any open monitoring findings? Yes No ,if yes explain
7. Reporting Systems
Are all quarterly reports current and accurate in Federal Reporting? Yes No , if n o explain
Did grantee report on the number of jobs created or retained for each activity carried out? Yes
No , if n
Did the grantee report on the name, location, and contact information for the entity that carr ied out
each activity? Yes No , if n o explain
Does the RAMPS data system indicate that the environment al review is complete? Yes No ,
if n o explain
Did the g rantee indicate that the grant is complete in Federal Reporting? Yes No ,if no
explain
8. Certifications
Did the grantee adhere to all certifications regarding the applicable provisions of the CDBG -R Notice ?
For e xample, Buy American provisions,A ffirmatively F urthering F air H ousing, Section 3, Lead -based
paint procedures . Yes No , if n o explain
GRANTEE
By:_____________________________________________
Grantee Authorized Rep resentative’s Signature Date
o explain
:
(1/2012)7 4015 HUD Form
2 Page
31/2015)0193 (exp 1/-2506 OMB Approval No.
Community Planning and Development
U.S. Department of Housing and Urban Development
U.S.DepartmentofHousingandUrbanDevelopment
CommunityPlanningandDevelopment
OMBApprovalNo.2506-0193(exp1/31/2015)
Page1
HUDForm40158(1/2012)
Attachment:E
GRANTCLOSEOUTAGREEMENT
For
EntitlementCommunityDevelopmentBlockGrant-RecoveryProgram
Between
U.S.DepartmentofHousing&UrbanDevelopment
A N D
T hi s a g r e e m e nt s e t s f or t h t he t e r m s a nd c ondi t i ons a ss oc i a t e d w i t h t he c l ose out of H U D C D B G -R
G r a nt () da t e d ,a n d a n y a ppl i c a bl e a m e nd m e nt s.T he
c e r t i f i e s t ha t ,t o t he be st of i t s know l e dge :
A l l a c t i vi t i e s a s a ut hor i z e d b y t hi s g r a nt a nd a n y a ppl i c a bl e a m e ndm e nt s ha ve be e n
c om pl e t e d a s de s c r i be d i n t he g r a nt e e ’s f i na l pe r f or m a nc e r e por t da t e d
D ur i ng t h e a dm i ni st r a t i on of t hi s a w a r d,no f r a ud,w a st e or m i sm a na g e m e n t ha s oc c ur r e d i n
c a r r y i n g out t he a ppr ove d a c t i vi t i e s.
A l l g r a nt -f i na nc e d c ost s a ss oc i a t e d w i t h t he se a c t i vi t i e s ha ve be e n i nc u r r e d .
P r ope r pr ovi si ons ha ve b e e n m a de f or t he p a y m e n t of a l l unpa i d c ost s a nd unse t t l e d t hi r d-
pa r t y c l a i m s.
T he D e pa r t m e nt of H ous i ng a nd U r ba n D e ve l opm e nt i s unde r no obl i ga t i on t o m a ke a n y
pa y m e nt t o t he i n e x c e ss of t he a m ount i de nt i f i e d i n t he g r a nt a g r e e m e nt .
S t a t e m e nt s a nd a m ount s se t f or t h i n t he F e d e r a l F i na nc i a l R e por t (S F -425)a r e t r u e a nd
a c c ur a t e a s o f t hi s da t e .
F ur t he r ,t h e he r e b y a c know l e d ge s t he r e m a i ni n g obl i g a t i on(s)unde r t he t e r m s of
t he g r a nt a g r e e m e nt a n d a gr e e s a s f ol l ow s:
A l l r e c or ds a n d doc um e n t s pe r t a i ni ng t o t hi s gr a nt w i l l be m a i nt a i ne d f or a pe r i od of 4
y e a r s a f t e r e x e c ut i on of t hi s c l ose out a gr e e m e nt or t he pe r i od r e qui r e d b y o t he r a ppl i c a bl e
l a w s a nd r e g ul a t i ons r e l a t e d t o af f i rm at i v e l y f urt h e ri ng f ai r housi ng-24 C F R 570.506
(g)(1),L e ad -B ase d P ai nt -P oi soni ng P re v e nt i on A c t -24 C F R 570.608 ,A rc h i t e c t ural
B arr i e rs A c t and A m e ri c ans w i t h D i sabi l i t i e s A c t —24 C F R 570.614,a nd t he U ni f or m
R e l oc a t i on A c t –24 C F R 570.606.
U.S.DepartmentofHousingandUrbanDevelopment
CommunityPlanningandDevelopment
OMBApprovalNo.2506-0193(exp1/31/2015)
Page2
HUDForm40158(1/2012)
InsertasApplicable
Anyrealpropertywithinthe ’scontrolwhichwasacquiredorimproved
inwholeorpartusingCDBGfundsinexcessof$25,000isgovernedbytheprinciples
describedin24CFR570.505.
Ifanyrehabilitatedpropertyfallswithinafloodplain,floodinsurancecoveragemustbe
maintainedforthemandatoryperiodforaffectedpropertyowners.
Identifyanycloseoutcostsorcontingentliabilitiessubjecttopaymentafterthecloseout
agreementissigned.
SubmittoHUDaFederalFinancialReportusingStandardForm425uponthecompletion
ofthefinalauditandresolutionofanyfinding.
Atotalof$ingrantfundshasbeenpreviouslycancelledandreturnedtothe
Departmenton OR Atotalof$ i n g r a nt f unds w i l l be r e c a pt ur e d b y H U D
uponexecutionofthiscloseoutagreement.(Optional)
HUDmaintainstherighttoconductfuturemonitoringofthisgrant,eitheronsiteorbyreviewof
informationorcopiesofdocumentsrequestedfromthe .The
acknowledgesthatafindingofnon-complianceresultingfromsuchareviewandfailuretotake
appropriatecorrectiveactionsatisfactorytoHUDmaybetakenintoaccountbyHUDasevidence
ofunsatisfactoryperformance,inconsiderationoffuturegrantawards.Furtherthe
mayberequiredtorepayHUDanydisallowedcostsbasedontheresultsofafutureaudit
ormonitoringfinding.
Forthe ,
__________________________________________________________
Name/TitleofAuthorizedOfficial/TitleDate
__________________________________
Signature
FortheDepartmentofHousingandUrbanDevelopment:
__________________________________________________________
TypednameofCPDDirectorDate
__________________________________
Signature
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
HOUSING REHABILITATION GRANT/ CONTRACT AWARD
ITEM BEFORE COMMISSION
Approval is requested for one (1) Housing Rehabilit ation contract to be awarded to the lowest
responsive bidder in the amount of $22,548.56. Fund ing for the project is through the CDBG Housing
Rehabilitation Grant.
BACKGROUND
Approval is requested for one (1) Housing Rehabilit ation contract to be awarded to the lowest
responsive bidder for the following project:
610 SW 5 th Avenue, CJ Contracting, LLC/20,090.00 = Total Reha b cost: $22,548.56
Grant awards are based on the actual cost of the re habilitation, as determined by the low responsive
bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead
clearance, termite inspection, termite treatment, a nd recording fees. Additional costs may be incurred
for lead clearance test(s). The contingency may be used for change orders and all unused funds will
remain with the CDBG Housing Rehabilitation program . Inspection of work is done by the Department
of Community Improvement’s Building Inspection and Neighborhood Services Div isions. Contracts are
executed between the building contractor and the pr operty owner. The City remains the agent and this
office monitors all work performed by the contracto r, ensuring compliance according to specifications
and program guidelines. Pay request forms require b oth contractor and homeowner’s signatures. Grant
recipients have met all eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof,
electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups
and individual case files are available for review in the Neighborhood Services Division Office.
The Neighborhood Services Division is responsible f or ensuring that the housing rehabilitation contrac ts
are awarded to the lowest responsive bidder, as a r esult of a formal bid process. Therefore, an in-house
policy was created to limit awards to the lowest re sponsive bidder as it relates to the Division’s
professional in-house estimate. This serves to disqualify unreasona bly low bids and therefore protect
against the resulting change order requests.
FUNDING SOURCE
Community Development Block Grant 118-1963-554-49.1 9
RECOMMENDATION
Staff recommends awarding one (1) Housing Rehabilit ation contract to the lowest responsive bidder in
the amount of $22,548.56.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Terrill Pyburn, Assistant City Attorney
THROUGH:R. Brian Shutt, City Attorney
DATE:November 20, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
CONTRACT FOR SERVICES/ BALLARD PARTNERS, INC.
ITEM BEFORE COMMISSION
Contract for Services between the City of Delray Be ach and Ballard Partners, Inc.
BACKGROUND
At the October 16, 2012 Regluar Meeting, the City C ommission selected Ballard Partners, Inc. to
provide lobbying services to the City regarding sob er house legislation; therefore, the attached Contr act
for Services is before you for consideration.
RECOMMENDATION
The City Attorney's Office recommends City Commissi on discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:November 30, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
AGREEMENT FOR PROFESSIONAL SERVICES/ WEISS HANDLER & CORNW ELL, P.A.
ITEM BEFORE COMMISSION
Contract for Services between the City of Delray Be ach and Weiss, Handler & Cornwell, P.A. for state
lobbying services.
BACKGROUND
At the November 20, 2012 Regular Meeting, the City Commission selected Weiss, Handler &
Cornwell, P.A. to provide lobbying services to the City regarding lobbying at the state level. The
attached Contract provides that Weiss Handler will provide lobbying services from December 2012
through June 2013 for the amount of $35,000.00. The agreement also allows the firm to assign this
agreement to a subsidiary firm in order to comply w ith the 2012 Senate Rules.
RECOMMENDATION
The City Attorney’s Office recommends City Commissi on discretion.
ATTACHMENT A – SCOPE OF WORK
Weiss, Handler & Cornwell agrees to provide the following services as part of a comprehensive,
full-service state and local policy issues/service s agreement to achieve policy outcomes that
reflect the best interest of the City of De lray Beach, its residents and its businesses:
a. Develop the City’s 2013 State Legislative Agenda
b. Advocate for the City’s interests before the State Legislature
c. Advocate for the City’s interests before the state’s Executive Branch
d. Advocate for the City’s interests before local and other agencies (i.e . Palm Beach County,
South FL Water Management Di strict, US Army Corp. etc.)
e. Monitor legislation, provide input to legislators and thei r staff on proposed legislation
and inform the City of proposed legi slation of interest to the City
f. Provide weekly legislative updates during sess ion (either in writing and/or in person)
g. Meet regularly with City elected officials and/or staff (i.e., in-per son, conference call,
etc.)
h. Set up meetings with State Legislative Offi ces, Executive Branch and State Agencies as
needed
i. Any other similar and/or reasonable services that relates to state and local advocacy
services/assistance
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David T. Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
APPOINTMENT TO THE VISION 2020 STEERING COMMITTEE
ITEM BEFORE COMMISSION
Appointment of Mark Stowe as a member of the Vision s 2020 Steering Committee.
BACKGROUND
Mark Baron, who was appointed as a member of the Vi sions 2020 Steering Committe by the
Commission on October 16, 2012, has resigned his po sition due to scheduling conflicts. Since Mayor
McDuffie made this appointment, he would now like t o appoint Mark Stowe to the Steering Committee
in Mr. Baron's place.
RECOMMENDATION
Approve appointment of Mark Stowe as a member of th e Visions 2020 Steering Committee as
recommended by Mayor McDuffie.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
LETTER OF AGREEMENT/ THE JOHN SCOTT DAILEY FLORIDA INSTITUTE OF
GOVERNMENT AT FAU
ITEM BEFORE COMMISSION
Approval of a Letter of Agreement between the City of Delray Beach and The John Scott Dailey Florida
Institute of Government at Florida Atlantic Univers ity for technical assistance/facilitation services
associated with the Visions 2020 project. The total cost of the agreement amount of $24,600, plus the
required administrative fee of $4,182.00 for a tota l of $28,782.00.
BACKGROUND
The City Commission elected to initiate the Visions 2020 project using the American Assembly
process. At the regular meeting of October 16, 2012 , the Commission appointed the seventeen (17)
member Steering Committee along with the Commission ’s representative, Tom Carney, who serves as
the chair. Staff has worked through the office of Sarah Shannon, Director of the John Scott Dailey
Florida Institute of Government at Florida Atlantic University for technical and facilitation
services. The Steering Committee considered present ations from two (2) consultants, as recommended
by Sarah Shannon, at their first meeting on Novembe r 5 th .
The Committee selected Ronnie Glotzbach & Kimberly Devlin of EdTrek, electing to host one (1) full
day forum under the Assembly process. EdTrek’s total cost proposed, which includes four (4) Stee ring
Committee planning meetings is $22,500. However, at the Steering Committee meeting on November
26 th , they determined that a total six (6) planning mee tings may be necessary to complete their tasks
preceding the one-day forum. They have also asked t hat we provide sufficient funding for a 7 th meeting
as an option should it be needed. Thus, we are aski ng to approve the Agreement adding an additional
$2,457, making the total amount not to exceed $28,7 82.00.
FUNDING SOURCE
001-1111-511-31.90 General Fund: Other Professional Services
RECOMMENDATION
Staff is recommending the approval of the Letter of Agreement between the City of Delray Beach and
The John Scott Dailey Florida Institute of Governme nt at Florida Atlantic University for technical and
facilitation services associated with the Visions 2 020 project for the amount not to exceed $28,782.00 .
EdTrek, Inc.… Journeys in Learning
EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954-321 -9600
Proposed Visions 2020 Plan (revised for one-day)
Client City of Delray Beach Steering Committee
Request
Building on the City’s history of visioning assemblies, design, develop, and manage
e vent logistics for a community Visioning F orum that will generate Visions 2020 in a
manner that embraces the Steering C ommittee’s six tentative ly identified priorities :
- consensus - inclusive
- engagement - achievable
- futuristic - implementation
Recommended
Approach
Obtain further direction from the Steering Committee
Consult with Steering Committee on recommended approach, timeframe, areas
of interest for F orum, and questions to inspire discussions
Design V isioning F orum process based on confirmed attendees that maximizes
participant’s time and input while avoiding group -think or discussion
domination through such e ngagement activities as :
inclusionary brainstorming
v isual voting
nominal group technique and others
Host a one -day Forum event for 100 -150 with a team of facilitators based on
final registration count
Deliver a Policy Statement with participant approval as a result of the Forum
Value -added
Services
At no additional cost to the Steering Committee , EdTrek will:
Develop an evaluation instrument for the Forum to provide Steering
Committee with targeted participant feedback to apply to future visioning
sessions
Photo document Forum activities and provide images for use in communicating
and marketing the output of Visions 2020
Share best practices for pre - and post -Forum activities to maximize
effectivenes s
Targeted
Audience Varied group of City residents, business owners, youth, educational leader s ,
and merchants (approximately 100 -150 ); and the Steering Committee
members
Timeline Guide Steering Committee planning meetings November 2012 through
February 2013
Host Visioning Forum in March 2013
Finalize resulting Policy Statement document in March/April 2013
EdTrek, Inc.… Journeys in Learning
EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954-321 -9600
Responsibilities
EdTrek
Plan, f acilitate , and summarize Forum planning meetings with the Steering
Committee
Design and develop the Forum agenda based on confirmed attendees
Communications creation: ghost writing of event invitation, explanation and
reminder communications to establish expectations from the outset
Logistics: securing a facility, managing the event onsite, sign in the day of the
Forum , light catering
Deliver a Policy Statement with participant approval as a result of the Forum
Develop an evaluation instrument for the Forum to provide Steering
Committee with targeted participant feedback to apply to future visioning
sessions
Florida Atlantic University Institute of Government (FA U IOG)
Facilitate contract management and invoicing for Forum -related activities
City of Delray Beach Key Contact (Lula Butler)
Serve as a liaison between Steering Committee and EdTrek
Comply with/manage Sunshine Law requirements of meetings
Communications distribution (i.e., sending out content developed by EdTrek)
Attend Forum as an onsite resource
Provide results to date from the 2010 Visioning process
City of Delray Beach Steering Committee
Provide informed perspective on content of the Forum
Identify Forum participants representative of the community
Actively participate in the F orum
Critical
Next Steps 1. Steering Committee to select consultant
2. Establish dates for all Steering Committee Planning meetings
3. Secure venue and date for Visioning Forum
EdTrek, Inc.… Journeys in Learning
EdTrek, Inc., 1314 East Las Olas Blvd., Suite 415, Fort Lauderdale, FL 33301 Tel: 954-321 -9600
Deliverables
and Fee
Structure
Fee Activit ies Actions
Pre -Forum
$700/meeting Steering
Committee
Planning
Meetings
Plan structured sessions to maximize
effectiveness
Facilitate VHYHQ meeting s
Summarize meeting decisions and action
steps
I nclusive of meeting materials, as required
$6,450 Design Design retreat
Communications Committee communications
Liaison contact with Lula
Personalized invitations template
Explanatory documents
Thank you communications
Materials Production, manipulatives, facilitation tools
$4,900 Logistics Secure a facility
Confirm media requirements, parking,
directions, etc.
Participant pre -registration
* Coordinate light catering
Forum
$4,8 00/day Facilitation Delivery with a team of four facilitators
$1,1 00/day
Onsite logistics Manage r of onsite event
Registrar for s ign -in desk at Forum
Post -Forum
$2450 Reporting Summarize Forum outputs, integrating
graphic elements as applicable
Submit first draft to Steering Committee for
feedback
Make final revisions to document
Provide final Policy Statement document
EdTrek
total:
$24,600 *
$28,782 *
One -day event including IOG 17% fee
(seven planning meetings)
Pass
through
at cost
Facility rental
Catering costs
If incurred
Will work with catering budget established by
Steering Committee
Submitted: Ronnie Glotzbach and Kimberly Devlin Date: 11 /27 /20 12 rev.
EdTrek, Inc. Co-founders
Letter of Agreement valid for 14 days
MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: David T. Harden, City Manager DATE: November 27, 2012 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION
MEETING OF DECEMBER 4, 2012 VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT ITEM BEFORE COMMISSION The item before the Commission is consideration and approval of a Vote
Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor of Elections. BACKGROUND The attached agreement details and allocates the duties, responsibilities
and fees associated with conducting municipal elections. Exhibits A and B, respectively, outline examples of municipal election costs, some to be allocated on a pro-rated basis with
other municipalities holding elections on the same date, and examples of total costs for small, medium and large municipalities. The City of Delray Beach’s Municipal Election is scheduled
for Tuesday March 12, 2013. The agreement provides for an effective date of January 1, 2013 with a one-year term which would cover the municipal election and runoff election, if necessary,
and any special elections. The agreement has been reviewed by the City Attorney for legal sufficiency. Please note: the language in the indemnification paragraph states that we are required
to defend all legal challenges related to the election, even if it is the fault of the Supervisor of Elections Office. RECOMMENDATION Staff recommends approval.
1 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE “CITY OF DELRAY BEACH” THIS AGREEMENT, is made
and entered into this day of _________ , 2012, effective January 1, 2013, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant to Article
VIII, Sec.1(d) of the Florida Constitution, hereinafter referred to as the “SOE”, and the City of Delray Beach, a municipal corporation, chartered and organized in accordance with the
laws of the State of Florida, hereinafter referred to as the “Municipality”. WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the “Code”)
which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that “[T]he Florida Election Code, chapters 97-106 shall govern the conduct
of a municipality’s election in the absence of an applicable special act, charter, or ordinance provision”; and WHEREAS, the Municipality and the SOE desire to work together to provide
for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections;
and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants
and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows:
1. PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections
and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall
apply to the General, Run-Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated herein below. 2. DATE OF GENERAL MUNICIPAL ELECTION:
The date of the City of Delray Beach’s General Municipal election is March 12, 2013. It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities
in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on a pro-rata share basis; otherwise,
2 It is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. 3. FEES AND CHARGES TO BE PAID
BY THE MUNICIPALITY: The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance
and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places within its dominion and control. Examples of municipal
elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general
election day (i.e. 2nd Tuesday in March or November) are attached hereto as Exhibit A. All items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30)
days of receipt of an invoice from the SOE with documentation verifying the charges. Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit
B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according
to statutes and charter at its own expense. (b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality’s election and act as
a member of the Municipality’s Canvassing Board, which may or may not include the SOE. (c) Certify that the registered voter information provided by the SOE to the municipality Reflects
the proper boundaries of the city and notify the SOE of any changes. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and
news releases on book closing. B. Qualifying Candidates (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect
Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries
and questions. (e) Respond to all media inquiries.
3 (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates and notify the Municipality of such results upon the close of the candidate qualifying deadline. C.
Ballots (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable.
(c) Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cost of said ballots. (e) Reimburse the SOE for costs incurred for translation and audio
recording of ballot. (f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, proof and deliver ballot layout to the printer. (b)
Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted
ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy Testing as noticed by
SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting – Optional
(1) Municipality (a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. (b) Pay SOE for Early Voting supplies. (c) Contract with, schedule
and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites thirty (30) days prior to each Election and notify
SOE in writing of locations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site.
4 (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE. F. Absentee Voting
(1) Municipality (a) Reimburse SOE for all postage costs incurred at the current postal rate. (b) Pay SOE for materials and handling of each absentee ballot. (c) Pay SOE $.10 per absentee
ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot
file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive
voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots.
(i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. (j) Record Absentee Ballot returns to voter history. (k) Conduct
public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (l) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places
(1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty (30) days
prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used no later than noon the Friday after the municipal candidate qualifying
deadline. (e) Notify the SOE not less than 30 days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling
place is to be temporarily relocated. (2) SOE (a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the
Municipality when required.
5 (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s). H. Precinct Supplies (1) Municipality (a) Pay
SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night. (c) Pay SOE for the production of Precinct
Registers. (d) Pay directly to the SOE’s contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned
after the election. (2) SOE (a) Provide Precinct Registers for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors. (c) Provide
certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e) Provide laptop computer at each polling place. (f)
Provide CD of voter file database for each polling place. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes and affidavit forms for each polling
place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (1) Municipality (a) Contact, contract with and pay poll workers directly
(using only poll workers who are currently on the SOE list, or individuals who have successfully completed required training). (b) Schedule and notify poll workers of training classes.
(c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. (d) Reimburse SOE for expenses incurred in printing training material. (e) Reimburse
SOE for expenses incurred for trainers to train poll workers. (f) Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a) Provide the Municipality with a list
of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers.
(e) Provide printed training materials for poll workers.
6 J. Election Day Support (1) Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election
Day. (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting. (c) Reimburse SOE for all phone bank
costs. (2) SOE (a) Assist in finding poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers
and voters on Election Day. K. Ballot Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated
by the SOE after the polling places have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election
Day. (c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. (d) Act as member of Canvassing Board. (2)
SOE (a) Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act, or appoint a designee to assist and act on the SOE’s behalf,
as a member of the Municipality’s Canvassing Board if desired by the municipality or act as a member of the County Canvassing Board if it canvasses the municipality’s election, if allowed
by law. (c) Post election results on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and
canvassing of ballots cast on Election Day. L. Post Election Day (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results if allowed
by law. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms.
7 (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination
by the Canvassing Board, as required by law. (f) Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who
voted on Election Day. M. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit. (b) Reimburse SOE for any staff time or
other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(s)
that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and publically post manual audit result to SOE
WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with support and guidance from the SOE. (b) Act
as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the time and location. (e) Cause to
have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of
Elections, specifically Rule 1S-2.031. Recount Procedures; and Rule 1S-2.027. Standards for Determining Voter’s Choice on a Ballot. (g) Reimburse the SOE for all staff salaries/overtime,
facility and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s) of the Recount with the time and location. (b) Test tabulating equipment as required by
Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide
professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board.
8 5. INDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless
SOE against any actions, claims or damages arising out of the Municipality’s negligence in connection with performance under this Agreement; and the SOE shall indemnify, defend and hold
harmless the Municipality against any actions, claims or damages arising out of the negligence of SOE in connection with its performance under this Agreement. The foregoing indemnification
shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $100,000
for any one person or beyond $200,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed
to constitute agreement by either party to indemnify the other for such other’s negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between
the Municipality and the SOE relating to a municipal election governed by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing
party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. Notwithstanding the above, the municipality shall defend legal challenges relating
to its municipal election and shall be fully responsible for all legal costs including attorneys’ fees for such defense of the Municipality and the SOE. The municipality shall be responsible
for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. 6. TERM: This Agreement shall begin on the effective
date January 1, 2013 and continue for a term of one year in order to cover Special Elections, if any, and may be modified by mutual agreement of the parties. Any proposed changes to
this Agreement shall be provided to the municipalities no later than August 1 of the applicable year, or as soon as practicable. 7. CHANGE IN LAW: In the event any change in law abrogates
or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable
modification of this Agreement. 8. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a
recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual.
For the SOE: For the Municipality: Supervisor of Elections City of Delray Beach 240 S. Military Trail 100 N.W. 1st Avenue West Palm Beach, Florida 33415 Delray Beach, FL Attention: Susan
Bucher Attention: David T. Harden
9 9. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated
or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such
invalid portions thereof had not been incorporated herein. 10. By signing this contract, you and your municipality approve the contract as a form of legal sufficiency and certify that
this contract has met all of the legal requirements of your Municipal Charter and all other related laws. 1011. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement
between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in
writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 2013. As to
the SOE: WITNESSES: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY _______________________ _______________________ ______________________________ Susan Bucher Date: __________________________
As to the MUNCIPALITY: ATTEST: City of Delray Beach __________________________ _________________________________ ___________________, Municipal Clerk __________________________, Mayor
(Affix Municipal Seal) Date: ____________________________
1
AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SE RVICES
BY AND BETWEEN
THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE “CIT Y OF DELRAY
BEACH”
THIS AGREEMENT , is made and entered into this day of _________ , 2012, effective
January 1, 2013, by and between the Palm Beach County Supervisor o f Elections, an elected county
officer pursuant to Article VIII, Sec.1(d) of the Florida Constitution , hereinafter referred to as the “SOE ”,
and the City of Delray Beach , a municipal corporation, chartered and organized in accordance w ith the
laws of the State of Florida, hereinafter referred to as the “Muni cipality”.
WITNESSETH:
WHEREAS , Chapters 97 to 106, Florida Statutes , constitute the Florida Election Code (the
“Code”) which applies to municipalities where expressly so stated; an d
WHEREAS , Sec 100.3605, Florida Statutes , states that “[T]he Florida Election Code, chapters
97-106 shall govern the conduct of a municipality’s election in the absence of an applicable special act,
charter, or ordinance provision”; and
WHEREAS , the Municipality and the SOE desire to work together to provid e for municipal
elections and to allocate certain responsibilities and exp enses between the two parties to ensure that the
provisions of the Code are followed during municipal elections; and
WHEREAS , the SOE and the Municipality wish to enter into this Agreeme nt to set out the terms
of this coordinated program.
NOW, THEREFORE , in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality,
its constituents and the SOE, it is agreed as follows:
1. PURPOSE:
The purpose of this Agreement is to set forth the terms and conditions under which services will
be provided by the SOE and staff to the Municipality for munic ipal elections and to set forth the
responsibilities of both parties so that there is a clear understanding of the rights and
responsibilities of all parties. Such rights and responsibilit ies shall apply to the General, Run-Off,
Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise
stated herein below.
2. DATE OF GENERAL MUNICIPAL ELECTION:
The date of the City of Delray Beach’s General Municipal election is March 12, 2013 . It is
hereby acknowledged and agreed that if the date listed is the same as m ost other municipalities
in March or November, there will be a cost sharing among municipalitie s for costs incurred
by the SOE. Such costs shall be allocated on a pro-rata share basis; o therwise,
2
It is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs
of the election, incurred by the office of the SOE.
3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY :
The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and
supplies; (i.e. voting machines, tables, chairs, etc.) and as sociated maintenance and contract fees
related to such equipment in return for which the Municipality hereby agrees not to charge the
SOE for polling places within its dominion and control. Examples of municipal elections charges
related to certain services performed by the SOE to be pa ssed through to the Municipality on a
shared pro rata basis for all municipalities holding elect ions on a general election day (i.e. 2 nd
Tuesday in March or November) are attached hereto as Exhibit A. All items to be paid or
reimbursed to the SOE will be paid by the Municipality wi thin thirty (30) days of receipt of an
invoice from the SOE with documentation verifying the charges.
Examples of total costs to small, medium and large municipalit ies are attached hereto as Exhibit
B.
4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR
MUNICIPAL ELECTIONS:
A. Notice and Advertisement
(1) Municipality
(a) Properly call and advertise the election according to statut es and charter at its
own expense.
(b) Issue a resolution or ordinance to the SOE requesting tha t the Supervisor of Elections
conduct the municipality’s election and act as a member of the Municipality’s
Canvassing Board, which may or may not include the SOE.
(c) Certify that the registered voter information provided by the SOE to the municipality
Reflects the proper boundaries of the city and notify the SOE of any changes.
(2) SOE
(a) Publish legal notices for Logic & Accuracy testing, abse ntee ballot canvass, Post
Election Audit and news releases on book closing.
B. Qualifying Candidates
(1) Municipality
(a) Provide qualifying packets to candidates and accept and process all qualifying papers
and fees.
(b) Collect Name and Pronunciation Guides from the candidates at the ti me of qualifying
and submit to SOE.
(c) Respond to all candidate inquiries and questions.
(d) Respond to all legal inquiries and questions.
(e) Respond to all media inquiries.
3
(2) SOE
(a) Verify signatures on any qualifying petitions submitted by ca ndidates and notify the
Municipality of such results upon the close of the candidate qualifyi ng deadline.
C. Ballots
(1) Municipality
(a) Review, amend (if necessary) and approve ballot proof prepar ed by SOE.
(b) Place an order with the SOE for a sufficient quantity of ball ots as applicable.
(c) Pay ballot design costs to the SOE as incurred.
(d) Pay the ballot printer directly for the cost of said ballots .
(e) Reimburse the SOE for costs incurred for translation and audio re cording of ballot.
(f) Reimburse SOE for preparation of Absentee Ballot, Edge layout a nd Sample Ballot.
(2) SOE
(a) Layout, check, proof and deliver ballot layout to the printer.
(b) Receive, securely store and account for all ballots until dis bursed to polling places.
(c) Contract to have audio recorded for Touch Screen ballot.
(d) Control all access to unvoted ballots while in the possession of the S OE.
D. Equipment Testing
(1) Municipality
(a) Provide that a representative will be present during the Logic and Accuracy
Testing as noticed by SOE.
(2) SOE
(a) Develop a unique test script and manually mark ballots to be used in public Logic &
Accuracy test.
(b) Conduct public Logic & Accuracy test.
E. Early Voting – Optional
(1) Municipality
(a) Reimburse the SOE for staff overtime hours due to we ekend and/or evening hours
for Early Voting.
(b) Pay SOE for Early Voting supplies.
(c) Contract with, schedule and pay poll workers directly.
(d) Deliver voted ballots to SOE daily at a location designated by SOE.
(e) Designate Early Voting sites thirty (30) days prior to eac h Election and notify SOE
in writing of locations.
(2) SOE
(a) Prepare and provide all supplies needed for each Early Voting sit e.
4
(b) Provide the Municipality with a list of poll workers.
(c) Train poll workers.
(d) Provide staffing to accept voted ballots daily at a location de signated by SOE.
F. Absentee Voting
(1) Municipality
(a) Reimburse SOE for all postage costs incurred at the current p ostal rate.
(b) Pay SOE for materials and handling of each absentee ballot.
(c) Pay SOE $.10 per absentee ballot for verifying si gnatures on returned voted ballot
certificates.
(d) Refer all requests for absentee ballots to SOE.
(2) SOE
(a) Determine eligibility and compile Absentee Ballot file.
(b) Accept all requests for Absentee Ballots by telephone, mai l or in person.
(c) Prepare and mail Absentee Ballots.
(d) Deliver Absentee Ballots to the Post Office.
(e) Receive voted Absentee Ballots.
(f) Verify signatures on returned voted Absentee Ballot certi ficates.
(g) Prepare and open Absentee Ballots for tabulation.
(h) Account for all Absentee Ballots.
(i) Notify Absentee Ballot voter and provisional voters of the dis position of the
Canvassing Board as required by law.
(j) Record Absentee Ballot returns to voter history.
(k) Conduct public testing of Logic and Accuracy for Absentee Ba llot tabulating
equipment.
(l) Provide qualified staff to operate tabulation equipment to count Abs entee Ballots.
G. Polling Places
(1) Municipality
(a) Arrange for the use of an adequate number of polling places.
(b) Confirm polling place accessibility and ADA compliance.
(c) Notify SOE in writing thirty (30) days prior to election of the need for tables and
chairs if necessary.
(d) Notify SOE of polling locations to be used no later than noon the Friday after the
municipal candidate qualifying deadline.
(e) Notify the SOE not less than 30 days prior to the election that a p olling place will be
moved to another site.
(f) Notify voters, as required by law, if their regular polling place is to be temporarily
relocated.
(2) SOE
(a) Provide the Municipality with a list of polling places and SO E contract.
(b) Provide tables and chairs upon written notice from the Municipalit y when required.
5
(c) Provide polling place supplies, i.e. signs, cones, etc.
(d) Notify voters and the Municipality of permanent polling place change(s).
H. Precinct Supplies
(1) Municipality
(a) Pay SOE for precinct supplies provided.
(b) Provide a secure place for precinct clerks to ret urn supplies and voted ballots on
election night.
(c) Pay SOE for the production of Precinct Registers.
(d) Pay directly to the SOE’s contracted moving company to ha ve voting equipment
delivered and picked up from polling place no later than the da y before the election and
returned after the election.
(2) SOE
(a) Provide Precinct Registers for each polling place locat ion.
(b) Provide Master CD compilation of registered voters for prec inct advisors.
(c) Provide certification of registered voters after book closing.
(d) Prepare equipment, cabinets and routing of voting equipment delivery.
(e) Provide laptop computer at each polling place.
(f) Provide CD of voter file database for each polling place.
(g) Provide poll worker Clerks with cell phones.
(h) Provide Provisional Ballot envelopes and affidavit forms for e ach polling place.
(i) Provide secrecy sleeves in a number and amount appropriate for each polling place.
I. Poll Workers
(1) Municipality
(a) Contact, contract with and pay poll workers directly (using only poll workers who
are currently on the SOE list, or individuals who have success fully completed required
training).
(b) Schedule and notify poll workers of training classes.
(c) Reimburse SOE for expenses incurred for delivery and p ick up of equipment to
training locations.
(d) Reimburse SOE for expenses incurred in printing training mate rial.
(e) Reimburse SOE for expenses incurred for trainers to train p oll workers.
(f) Reimburse SOE for expenses incurred for contracted traini ng locations.
(2) SOE
(a) Provide the Municipality with a list of current poll workers.
(b) Develop poll worker training schedule.
(c) Plan and contract for training classes and locations.
(d) Contract with and pay trainers to train poll workers.
(e) Provide printed training materials for poll workers.
6
J. Election Day Support
(1) Municipality
(a) Verify that all polling places are available to poll wo rkers no later than 6:00 a.m. and
open for voting promptly at 7:00 a.m. on Election Day.
(b) Ensure that all polling places remain open until 7:00 p.m. or until al l voters who are
in line to vote at 7:00 p.m. have completed voting.
(c) Reimburse SOE for all phone bank costs.
(2) SOE
(a) Assist in finding poll worker replacements if needed.
(b) Provide technical support personnel as needed.
(c) Provide phone bank support to respond to poll workers and voters on El ection Day.
K. Ballot Tabulation/Counting of Election Results
(1) Municipality
(a) Deliver all voted ballots and other necessary ele ction related items to a place
designated by the SOE after the polling places have closed on Election Da y.
(b) Deliver all voting machine cartridges to a place designated by the SOE after the
polling places have closed on Election Day.
(c) Reimburse the SOE for any staff overtime and other expenses in relation to the
tabulation and processing of ballots on Election Day.
(d) Act as member of Canvassing Board.
(2) SOE
(a) Provide technical staff and required equipment to administer tab ulation and election
results.
(b) Assist and act, or appoint a designee to assist and ac t on the SOE’s behalf, as a
member of the Municipality’s Canvassing Board if desired by the municipality or act as a
member of the County Canvassing Board if it canvasses the m unicipality’s election, if
allowed by law.
(c) Post election results on SOE WEB site and provide the same to Channe l 20.
(d) Provide the Municipal Clerk with unofficial election results u pon conclusion of
tabulation and canvassing of ballots cast on Election Day.
L. Post Election Day
(1) Municipality
(2) SOE
(a) Provide the Municipal Clerk with an official certi fication of election results if
allowed by law.
(b) Store all necessary election records and ballots until t he expiration of retention
period prescribed by statutes.
(c) Process polling place affirmation forms.
7
(d) Sort, inventory, pack and store all election materials for rete ntion and disposition.
(e) Notify voters of the disposition of their Absentee or Provi sional Ballots after the
determination by the Canvassing Board, as required by law.
(f) Respond to public records requests regarding records kept on behalf of the
Municipality.
(g) Record voting history for each voter who voted on Election Day.
M. Audit
(1) Municipality
(a) Provide that the Municipal Clerk will be responsib le for the administration of the
audit.
(b) Reimburse SOE for any staff time or other related e xpenses as may result from
conducting the manual audit.
(2) SOE
(a) Organize precinct information to allow the Municipal Clerk to randomly select the
race and precinct(s) that shall be audited.
(b) Organize and prepare ballots for manual audit.
(c) Provide SOE staff to conduct manual audit.
(d) Ascertain and publically post manual audit result to SOE WE B site.
N. Recount
(1) Municipality
(a) Provide that the Municipal Clerk will be responsible for the administration of the
Recount, with support and guidance from the SOE.
(b) Act as a member of the Canvassing Board.
(c) Notify the candidates of the time and date of the Recount.
(d) Post public notice(s) of the Recount with the time and location.
(e) Cause to have the Recount recorded and minutes kept and approved by t he
Canvassing Board.
(f) Review with the Canvassing Board and the counting teams the statute s and rules of
the Division of Elections, specifically Rule 1S-2.031. Recount Procedures; and Rule 1S-
2.027. Standards for Determining Voter’s Choice on a Ballot.
(g) Reimburse the SOE for all staff salaries/overtim e, facility and other expenses
required to conduct the Recount.
(2) SOE
(a) Post public notice(s) of the Recount with the time and location.
(b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues .
(c) Provide counting teams for examining out stacked ballots.
(d) Prepare and organize ballots for Recount processing.
(e) Tabulate ballots and provide professional staff for equipment operations.
(f) Provide official certification as determined by the Canvassi ng Board.
8
5. INDEMNITY:
Each party to this agreement shall be liable for its own a ctions and negligence. To the extent
permitted by law, the Municipality shall indemnify, defend an d hold harmless SOE against any
actions, claims or damages arising out of the Municipality’s neg ligence in connection with
performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the
Municipality against any actions, claims or damages arising out of the negligence of SOE in
connection with its performance under this Agreement. The foregoi ng indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida
Statutes. In no case shall such limits for the Municipality extend bey ond $100,000 for any one
person or beyond $200,000 for any judgment which, when totaled with all other judgments, arises
out of the same incident or occurrence. These provisions sha ll not be construed to constitute
agreement by either party to indemnify the other for such o ther’s negligent, willful or intentional
acts or omissions . In the event of litigation, trial or appellate, between the M unicipality and the
SOE relating to a municipal election governed by this Agreement, or otherwis e in connection with
the interpretation or application of this Agreement, the prevaili ng party shall be entitled to recover
its reasonable attorneys’ fees and costs from the non-prevailing part y. Notwithstanding the above,
the municipality shall defend legal challenges relating to its municipal election and shall be fully
responsible for all legal costs including attorneys’ fee s for such defense of the Municipality and
the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such
lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE.
6. TERM:
This Agreement shall begin on the effective date January 1, 201 3 and continue for a term of one
year in order to cover Special Elections, if any, and may be m odified by mutual agreement of the
parties. Any proposed changes to this Agreement shall be p rovided to the municipalities no later
than August 1 of the applicable year, or as soon as practicable.
7. CHANGE IN LAW:
In the event any change in law abrogates or modifies any provisions or appli cations of this
Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts
to reach a mutually acceptable modification of this Agreement.
8. NOTICES:
All formal notices affecting the provisions of this Agreement may be delivered in person or be
sent by facsimile, registered mail, or by a recognized overnight couri er such as FedEx, to the
individual designated below, until such time as either party furni shes the other party written
instructions to contact another individual.
For the SOE: For the Municipality:
Supervisor of Elections City of Delray Beach
240 S. Military Trail 100 N.W. 1 st Avenue
West Palm Beach, Florida 33415 Delray Beach, FL
Attention: Susan Bucher Attention: David T. Harden
9
9. SEVERABILITY:
If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
invalid or unenforceable for any cause or reason, or is abroga ted or negated by a change in law,
the same shall be eliminated from this Agreement, and the rem aining portion of this Agreement
shall be in full force and effect and be valid as if such inva lid portions thereof had not been
incorporated herein.
10. By signing this contract, you and your municipality approve the contract as a form of legal
sufficiency and certify that this contract has met all of the legal requirements of your
Municipal Charter and all other related laws.
10 11 . NO MODIFICATION EXCEPT IN WRITING:
This is the complete and final agreement between the parti es. No representations other than those
set forth herein shall be binding upon the parties. No modificat ion of this agreement shall be
effective unless submitted in writing and signed by both part ies, or their duly authorized
representatives.
IN WITNESS WHEREOF , the parties hereto have entered into this Agreement effecti ve January 1,
2013.
As to the SOE:
WITNESSES: SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY
_______________________
_______________________ ______________________________
Susan Bucher
Date: __________________________
As to the MUNCIPALITY:
ATTEST: City of Delray Beach
__________________________ _________________________________
___________________, Municipal Clerk __________________________, Mayor
(Affix Municipal Seal) Date: ____________________________
Costs ABSENTEE BALLOTS $4.72 Cost per AB Ballot processed * Runbeck Set up fee $0.04 * On Call service -Pitney Bowes $0.24 * Process Absentee Ballot Requests 0.85 * Prepare and mail
Absentee Ballots (machine use, staff time, voter file, postage), record/verify absentee ballot returns, prepare/opening of absentee ballots for tabulation 2.50 * Provide absentee voting
-prep and mailing 1.00 * Notification to Absentee Ballot and provisional voters on the disposition of Canvassing Board 0.09 MUNICIPAL PACKAGE 2,407 Cost per Municipal * Arrange for translating,
printing and recording of audio ballot TBD * Provide polling place supplies – signs, cones, tables, chairs, etc. 25.00 * Assist in finding poll worker replacements 42.14 * Develop master
CD compilation for precinct advisors 71.08 * Provide certification of registered voters after book closing 57.50 * Prepare Absentee Ballot, Edge layout and Sample Ballot 257.18 * Publish
legal notices for L&A testing, canvass and post elections and news releases on book closing, absentee ballots and other election related news 66.09 * L&A test -development of a unique
test script, manual ballot marking, pretesting for comparisons and pulling equipment for public tests 186.09 * Election Day support (SOE staff and phone bank) 399.17 * Election night
support (SOE staff, vote tabulation and vote certification) 640.70 * Assist municipality with canvass of Absentee Ballots, schedule canvass and act as member of Canvassing Board 264.22
* Post election results on WEB site and Channel 20 86.80 * Interface with candidates, press, city staff, city attorneys regarding Election Law 138.41 * Conduct mandatory audit post election
172.98 PRECINCT SERVICES $159.40 Cost per precinct * Provide Clerk Bags i.e. precinct registers, affidavits, supplies etc. 23.68 * Delivery and Pick up of voting equipment to training
locations 2.33 * Prepare precinct scanners and ADA Touch screen equipment 18.58 * Prepare equipment cabinets and routing of voter equipment 18.58 * Provide CD of voter file database
for Precinct Advisors 0.50 * Plan training class locations/train pollworkers/provide printed training materials 58.26 * Provide laptop computers for Precinct Advisors 8.54 * Notification
of provisionsal ballot outcome 4.68 * Copy of current polling place contract 0.15 * Copy of current poll workers 0.15 * Create and retain voting history (post elections) 23.95 Palm Beach
County Supervisor of Elections Office Summary of Activity For Uniform Municipal Elections Feb/Jul 2012 Estimate
UPDATED UNIFORM ELECTION CHARGES -FEB/JUL 2012 * MUNICIPALITY MUNICIPAL PACKAGE # ballots @4.72 # precincts @$159.40 HAVERHILL $2,407 40 $189 4 $638 $3,234 4% RIVIERA BEACH $2,407 1,209
$5,706 17 $2,710 $10,824 14% BOCA RATON $2,407 3,304 $15,595 47 $7,492 $25,494 16% EXHIBIT B ABSENTEE BALLOTS PRECINCTS TOTAL COST AND % CHANGE Municipal Elections Charges PALM BEACH
COUNTY SUPERVISOR OF ELECTIONS
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
RESOLUTION NO. 59 -12
ITEM BEFORE COMMISSION
Approval of Resolution No. 59-12 regarding proposed charter amendments.
BACKGROUND
The Commission, at its October 16, 2012 meeting, ad opted Ordinance No. 35-12 amending the City
Charter to clarify grammatical errors and enhance t he Charter’s readability; Ordinance No. 36-12 to
provide for a change in the length of a term from a two to three year term, but not extending the
maximum number of consecutive years a Commissioner or Mayor is allowed to serve; Ordinance No.
38-12 to provide the maximum time period allowed to ho ld office, six years, is not applicable in the
case of a Commissioner who assumes the office of Ma yor, in which case the time spent holding office
as a Commissioner shall not count toward the six ye ar maximum time limit; and Ordinance No. 39-12
providing for the removal of the Charter prohibitio n on reducing the City Manager’s salary. In order to
place these charter amendments on the ballot for th e March 2013 election, the Commission must
approve this resolution calling for the special ele ction.
RECOMMENDATION
Staff recommends approval of Resolution No. 59-12.
RESOLUTION NO. 59-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTI ON
ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2013, T O
PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 35-12, ORDINANCE NO. 36-12,
ORDINANCE NO. 38-12, AND ORDINANCE NO. 39-12 ; PROV IDING
FOR THE TIME, MANNER AND MEANS OF HOLDING SAID
ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIV E
DATE.
WHEREAS, Ordinance No. 35-12 amends the City Charter to clarify, correct grammatical errors, and
enhance the Charter’s readability; and
WHEREAS, Ordinance 36-12 amends the City Charter to provide for a change in the length of a term
from a two year term to a three year term, but not extending the maximum number of consecutive years a
Commissioner or Mayor is allowed to serve; and
WHEREAS, Ordinance 38-12 amends the City Charter to provide that a maximum time period
allowed to hold office, six years, shall not apply in the case of a Commissioner who assumes the office of
Mayor, in that case the time spent holding office as a Commissioner shall not count toward the six year
maximum time limit; and
WHEREAS, Ordinance 39-12 amends the City Charter to provide for the removal of the Charter
prohibition on reducing the City Manager’s salary; and
WHEREAS, the City of Delray Beach desires to call for a specia l election on the matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special
election and to provide all notices required in accorda nce with Article V, “Elections” of the Charter of t he City
of Delray Beach and General Law; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the
Charter change proposed in Ordinance No. 35-12, Ordinance No. 36-12, Ordinance No. 38-12 and Ordinance
No. 39-12 be held on March 12, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorpora ted as if fully set forth herein.
Section 2. That the City Commission authorizes the holding of a special election on the Charter
change to amends the City Charter to clarify, correct grammat ical errors, and enhance the Charter’s readability.
There shall be placed on the March 12, 2013 election ballot th e following question:
2 RES. NO.
QUESTION NO. 1
CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE
“READABILITY” OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHAR TER BY
CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PR OVISIONS,
AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED I N
ORDINANCE NO. 35-12.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
_____YES (for approval)
_____NO (against approval)
Section 3. That the City Commission authorizes the holding of a special election on the Charter
change to provide for a change in the length of a te rm from a two year term to a three year term, but n ot
extending the maximum number of consecutive years a Commissi oner or Mayor is allowed to serve.
There shall be placed on the March 12, 2013 election ballot th e following question:
QUESTION NO. 2
CHARTER AMENDMENT – COMMISSIONER/MAYOR TERM LENGTH
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAY OR)
SERVE TWO-YEAR TERMS AND ARE LIMITED FROM HOLDING O FFICE FOR
MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDM ENT
PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE
YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS (INCLUDING
THE MAYOR) ARE LIMITED FROM HOLDING OFFICE FOR MORE THAN SIX
CONSECUTIVE YEARS.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) _____
NO (AGAINST APPROVAL) _____
Section 4. That the City Commission authorizes the holding of a special election on the Charter
change to provide that a maximum time period allowed t o hold office, six years, shall not apply in the cas e of a
3 RES. NO.
Commissioner who assumes the office of Mayor, in t hat case the time spent holding office as a Commissi oner
shall not count toward the six year maximum time limit .
There shall be placed on the March 12, 2013 election ballot th e following question:
QUESTION NO. 3
CHARTER AMENDMENT – EXTENSION OF TERM LIMITS FOR A
COMMISSIONER WHO IS ELECTED MAYOR
CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD OFFICE
FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE C HARTER
AMENDMENT PROPOSES THAT IF A COMMISSIONER IS ELECTE D MAYOR,
THEN THE TIME SPENT AS A COMMISSIONER SHALL NOT COU NT TOWARD
THE MAXIMUM TIME LIMIT AND THE PERSON COULD SERVE A S MAYOR
FOR A MAXIMUM PERIOD OF SIX YEARS. THIS EXTENSION W OULD NOT
APPLY IF THE MAYOR IS ELECTED OR APPOINTED TO THE O FFICE OF
COMMISSIONER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) _____
NO (AGAINST APPROVAL) _____
Section 5. That the City Commission authorizes the holding of a special election on the Charter
change to provide to provide for the removal of the Charter proh ibition on reducing the City Manager’s salary.
There shall be placed on the March 12, 2013 election ballot th e following question:
QUESTION NO. 4
CHARTER AMENDMENT- CITY MANAGER COMPENSATION
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGE R’S
SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PRO POSES
TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CI TY
MANAGER’S SALARY MAY NOT BE REDUCED.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) ________
NO (AGAINST APPROVAL) ________
4 RES. NO.
Section 6. That the City Commission hereby sets the date of the election to be held on March 12,
2013.
Section 7. That the City Commission hereby authorizes the City Clerk to provide all notices and to
take all steps necessary to hold the referendum as hereby provi ded.
Section 8. That this resolution shall become effective im mediately upon passage.
PASSED AND ADOPTED this _____ day of ________________, 20___.
_____________________________________
M A Y O R
ATTEST:
_______________________________
City Clerk
ORDINANCE NO. 35-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
CHARTER REVISIONS BY AMENDING SECTION 3.04,
"ASSUMPTION OF OFFICE; ORGANIZATIONAL
MEETING?; SECTION 3.05, "OATH OF OFFICE"; SECTION
3.08, "VACANCIES; FILLING OF VACANCIES ", SUBSECTION
(B), "VACANCY IN OFFICE OF MAYOR"; SECTION 4.02,
"APPOINTMENT; REMOVAL; COMPENSATION ",
SUBSECTION (C), "REPLACEMENT"; SECTION 4.05,
"BUDGET PROCEDURE ", SUBSECTION (D), "PUBLIC
HEARING', SUBSECTION (E), `BUDGET
ADOPTION /APPROPRIATIONS ", SUBSECTION I, "AUDIT";
SECTION 5.04, "ELECTIONS GENERALLY", SUBSECTION
(B), "HIGHEST NUMBER OF VOTES TO ELECT IN FIRST
NONPARTISAN ELECTION ", SUBSECTION (D), "IF NO
PERSON QUALIFIES "; SECTION 6.05, "PROCEDURE FOR
FILING", SUBSECTION (A), "CERTIFICATE OF CITY
CLERK; AMENDMENT"; TO CLARIFY, CORRECT
GRAMMATICAL ERRORS, AND TO ENHANCE THE
CHARTER'S READABILITY; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING FOR A
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which
sought input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal, has decided to put
the Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Section 3.04, "Assumption of Office; Organizational Meeting ",
of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.04. - ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING.
(A) Assumption of Office. The successful candidates for Mayor and Commissioners shall
assume office on the last Thursday in March following their election. The
Commission shall hold an organizational meeting ' each year
on or after the last Thursday in March, and shall select from the Commissioners
other than the Mayor, a Vice -Mayor and a Deputy Vice - Mayor. These two (2)
officials shall serve in their respective capacities at the pleasure of the Commission
until the organizational meeting of the following year. If the person elected fails to
assume office, the procedures set forth in Section 3.08 shall apply to fill the vacancy.
(B) Assumption of Office for Appointees and Whose Elected at a Special Election. A person
appointed to fill a vacancy in the office of Mayor or Commissioner, or by elee
elected -a Mayor or Commissioner at a special election shall assume office at the first
regular meeting of the Commission after being so appointed or elected. If the
person so appointed or elected does not assume office. the procedures set forth in
Section 3.08 shall apply to fill the vacancy.
Section 2. That Section 3.05, "Oath of Office ", of the Charter of the City of
Delray Beach is hereby amended to read as follows:
Section 3.05. - OATH OF OFFICE.
Before assuming their respective offices, the Mayor and Commissioners shall each
take and subscribe to the following oath:
"I do solemnly swear (or affirm) that I will support, protect, and defend the
Constitution and Government of the United States and of the State of Florida and of
the City of Delray Beach; that I am duly qualified to hold office under the laws of the
State of Florida and the Charter and laws of the City of Delray Beach, and that I will
well and faithfully perform the duties of {Mayor) (Commissioner) of the City, upon
which I am about to enter. (So help me God.)"
Section 3. That Section 3.08, "Vacancies; Filling of Vacancies ", Subsection (B),
"Vacancy in Office of Mayor ", of the Charter of the City of Delray Beach is hereby amended to read
as follows:
Section 3.08. - VACANCIES; FILLING OF VACANCIES.
(B) Vacancy in Office of Mayor.
(1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar
days preceding the date of the next regular City election, there will be an
2
ORD NO. 35-12
election to fill the Mayor's seat which will be held at the time of the next
regular City election. If a vacancy occurs in the office of Mayor less than sixty
(60) calendar days preceding the date of the regular City election, the Mayor
shall be elected at a special election to be held on the second Tuesday in May.
If a special election is held to fill the office of Mayor, those persons who
previously qualified to run for the Mayor's seat and other candidates who
qualify pursuant to this Chatter and Chapter 34 of the Code of Ordinances
may run for the Mayor's seat to be filled at the special election.
Notwithstanding anything to the contrary, the Mayor elected at the special
election shall assume office after at the first regular meeting after being
elected.
(2) When a vacancy occurs in the office of Mayor, the Vice -Mayor shall
automatically succeed to the office of Mayor and shall serve until the last
Thursday in March following the next regular City election. Thereafter, the
Vice -Mayor shall return to his or her former seat and complete the remainder
of his or her Commission term if any part thereof remains unexpired. If a
special election is called to fill a vacancy in the office of Mayor, the Vice -
Mayor selected at the organizational meeting shall serve until a new Mayor is
seated and shall thereafter return to his or her seat.
(3) The succession of the office of Mayor by the Vice -Mayor shall create a
vacancy in the Commission. The vacancy on the Commission shall be filled
in the manner set forth in this Charter except the Commissionet appointed
to fill the vacancy created on the Commission as a result of a vacancy in the
office of Mayor that occurs sixty (60) days or more before the next election
shall serve only until the last Thursday in March following the next regular
City election. If a vacancy occurs on the Commission as a result of a vacancy
in the office of Mayor less than sixty (60) days before the next election, the
Commission seat shall remain vacant, notwithstanding anything to the
contrary within this Charter until after the assumption of office of the Mayor
after the special election.
(4) If the Vice -Mayor is unable or unwilling to succeed to the office of Mayor,
then the Deputy Vice -Mayor shall succeed to the office of Mayor. If the
Deputy Vice -Mayor is unable or unwilling to succeed to the office of Mayor,
the Commission shall then select a Mayor from the remaining
Commissioners. If the Commission is unable to select a Mayor by the end of
the second regular meeting after the vacancy then a special election shall be
held for the election of the Mayor.
3
ORD NO. 35 -12
(5) If a vacancy occurs in the office of Vice - Mayor, the Deputy Vice -Mayor shall
automatically become Vice -Mayor and a new Deputy Vice -Mayor shall be
selected by the Commission. If a vacancy occurs in the office of Deputy
Vice - Mayor, the Commission shall then select a new Deputy Vice- Mayor.
Section 4. That Section 4.02, "Appointment; Removal; Compensation ", Subsection (C),
"Replacement ", of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
(C) Replacement. Upon the death, resignation, incapacity; or termination of the City
Manager, the Commission shall appoint an Acting City Manager and thereafter,
within a reasonable time, appoint a regular City Manager.
Section 5. That Section 4.05, `Budget Procedure ", Subsection (D), "Public Hearing ",
Subsection (E), `Budget Adoption /Appropriations ", Subsection I, "Audit", of the Charter of the
City of Delray Beach is hereby amended to read as follows:
Section 4.05. - BUDGET PROCEDURE.
(D) Public Hearing. A public hearing on the budget shall be held in accordance with State
law
stieh ptiblie heating sh*U be published at least one week in ftdvanee by the City G! .
A condensed copy of the proposed budget shall be publisheel available to the public
prior to the public hearing.
(E) Budget Adoption /Appropriations. At the second regular Commission meeting in the
month of September of each year, the Commission shall, by resolution, adopt the
budget for the next fiscal year, and shall, in such resolution, make an appropriation
for the money needed for municipal purposes during the ensuing fiscal year of the
City The resolution shall also and provide for a levy of the amount necessary to be
raised by taxes upon real and personal property for municipal purposes, which levy
shall not, for the general operating expenses of the City, in any event exceed the
milleage limitation as provided by State law on the assessed valuation of all real and
personal property subject to taxation in the City. Should the Commission take no
final action during said meeting, the budget as submitted, shall be deemed to have
been finally adopted by the Commission.
4
ORD NO. 35-12
(1) Audit. An independent audit shall be made of all accounts of the City government at
least annually, and more frequently if deemed necessary by the Commission. Such
audit shall be made by certified public accountants experienced in municipal
accounting, and who shall have no personal interest, direct or indirect, in the fiscal
affairs of the City government or of any of its officers. The condensed audit shall be
publish available to the public within thirty (30) days after receipt of the same. An
annual report of the City business shall be made available to the public by the City
Manager in such form as will disclose pertinent facts concerning the activities and
finances of the City government.
Section 6. That Section 5.04, "Elections Generally", Subsection (B), "Highest Number of
Votes to Elect In First Nonpartisan Election ", Subsection (D), "If No Person Qualifies ", of the
Charter of the City of Delray Beach is hereby amended to read as follows:
Section 5.04. - ELECTIONS GENERALLY.
(B) Highest Number of Votes to Elect in First Nonpartisan Election. In a nonpartisan election, a
candidate for each of the scats on the ballot for the offices of Commissioners or for
the office of Mayor who receives the highest number of votes even if it is not a
majority of the votes cast by all electors casting ballots for that office shall be
declared to be elected; provided, however, notwithstanding the foregoing provision,
should two (2) or more candidates tie for the highest number of votes from all
electors casting ballots for that seat for Commissioner or for the office of Mayor,
then the candidates receiving the highest number of votes shall be declared
candidates for the second nonpartisan election.
(D) If No Person Qualifies or Assumes O rce. If no person qualifies as a candidate for any
particular seat for the office of Commissioner or for the office of Mayor or assumes
office, then those seat(s) shall be declared vacant and it shall be the duty of the
members of the Commission who are seated following the organizational meeting
provided for in Section 3.04 of this Charter, by majority vote to appoint a qualified
person to fill the vacancy. The member(s) appointed to fill a vacancy in the office of
Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this
Charter.
5
ORD NO. 35-12
Section 7. That Section 6.U5, "Procedures for riling', subsection (A), "C;ertihcate of City
Clerk, Amendment", of the Charter of the City of Delray Beach is hereby amended to read as
follows:
Section 6.05. - PROCEDURE FOR FILING.
(A) Certificate of City Clerk; Amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days after a referendum petition is filed, the City Clerk shall
complete a certificate as to its sufficiency. The certificate shall specify the and
deficiencies and defects and the City Clerk shall promptly send a copy of the
certificate to the petitioners' Committee by i- egistered Certified mail. Grounds for
insufficiency are only those specified in Section 6.04. A petition certified insufficient
for lack of the required number of valid signatures may be amended once if the
petitioners' Committee files a notice of intention to amend it with the City Clerk
within two (2) days after receiving the copy of his or her certificate and files a
supplementary petition within ten (10) days after receiving the copy of such
certificate. Additional signatures may be gathered in this ten (10) day period in order
to meet the minimum required number of electors. Such supplementary petition shall
comply with the requirements of subsections (B) and (C) of Section 6.04. Within five
(5) days after it is filed the City Clerk shall complete a certificate as to the sufficiency
of the petition as amended and promptly send a copy of such certificate to the
petitioners' Committee by Registered Certified mail as in the case of an original
petition.
Section . The Charter amendment proposed by this ordinance shall be
submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and
shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that
time upon the following question:
QUESTION NO.
CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE
"READABILITY" OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH
CHARTER BY CORRECTING GRAMMATICAL ERRORS, CLARIFYING
CERTAIN PROVISIONS, AND MAKING THE CHARTER EASIER TO
READ, AS PROVIDED IN ORDINANCE NO. --12.
SHALL THE CHARTER AMENDMENT BE ADOPTE, D?
1
C��.�i��Ciae���►�
YES (for approval)
NO (against approval)
Section 9. That upon approval of this ordinance by the majority of electors
voting at the election, all ordinances or parts of ordinances or Charter provisions or parts of Charter
provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of
this ordinance.
Section 10. That if any clause, section or other part of this ordinance shall be
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby but shall remain in full force and effect.
Section 11. That this ordinance shall become effective upon passage on second
and final reading and in accordance with Section 8.
`+
PASSED AND ADOPTED in regular session on second and final reading on this
the \ l� day of .2012. 4
view
ATTEST:
City Clerk
First Reading
Second Readin %
7
ORD NO. 35-12
ORDINANCE NO. 36-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING
SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY,
ELECTION, AND TERMS"; AMENDING SECTION 5.02, "TYPES OF
ELECTIONS "; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM
FROM A TWO YEAR TERM TO A THREE YEAR TERM, BUT NOT
EXTENDING THE MAXIMUM NUMBER OF CONSECUTIVE YEARS A
COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal, has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Section 3.02, "City Commission: Composition, Eligibility, Election, and
Terms ", of the City Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.02. - CITY COMMISSION: COMPOSITION, ELIGIBILYTY, ELECTION,
AND TERMS.
(A) Composition and Term. The City Commission shall be composed of five (5)
Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at
large for a term of twe -(2) three (3) years in the manner provided in this Charter.
(B) Staggered Terms. , and two
(2) Gemmissiener-s shall be eleeW in odd numbered yeafs. The Mayer- may be ejeeted On aft
even or- edd aumbmd year-. Two (2) Commission seats with terms expiring in 2014 shall be
filled by election in 2014 and every three years thereafter. Two (2) Commission seats with
terms expiring; in 2015 shall be filled by election in 2015 and every three years thereafter.
The Mayor's term commencing in 2015 shall be filled by election in 2015 and every three
years thereafter.
(C) Length of Mayor's Term. If a special or regular election is held to fill a vacancy in the office
of Mayor, the duration of the Mayor's term of office will be for
the remainder of the unexpired
term.
(D) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or
elected in the manner provided in this Charter.
Section 2. That Section 5.02, "Types of Elections ", of the City Charter of the City of Delray
Beach is hereby amended to read as follows:
Section 5.02. - TYPES OF ELECTIONS.
Elections to be held in the City shall all be conducted on a nonpartisan basis without regard
for or designation of political party affiliation.
(A) Date of Municipal Nonpartisan Election. Municipal nNonpartisan elections shall be held on
the second Tuesday in March of each year in which a term of the Mayor or Commissioner
expires.
(B) Ties. In case of a tie in the municipal nonpartisan election, a second nonpartisan election
shall be held.
(C) Special Election. All other municipal elections that may be held by authority of this Charter,
or of any law, shall be known as special elections.
Section 3. The Charter amendment proposed by this ordinance shall be submitted to the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO.
CHARTER AMENDMENT — COMMISSIONER/MAYOR TERM LENGTH
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR)
SERVE TWO -YEAR TERMS AND ARE LIMITED FROM HOLDING OFFICE FOR
MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDMENT
PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE
YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS
(INCLUDING THE MAYOR) ARE LIMITED FROM HOLDING OFFICE FOR MORE
THAN SIX CONSECUTIVE YEARS.
2 ORD NO. 36-12
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 4. That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of this ordinance.
Section 5. That if any clause, section or other part of this ordinance shall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 6. That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 3 herein.
ASSED AND ADOPTED in regular session on second and final reading on this the \� day of
2012.
ATTEST:
MAYOR
City Clerk J
First Reading
Second Reading
ORD NO. 36 -12
MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: Pat Lewandowski, Benefits Manager DATE: November 30, 2012 SUBJECT: AGENDA ITEM 8.N.
-REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY/CONCENTRA HEALTH SERVICES, INC. ITEM BEFORE COMMISSION The item before the Commission
is to approve the Agreement for Services at a Worksite Medical Facility between Concentra Health Services, Inc. and the City of Delray Beachto provide certain healthcare services at
the Employee Health and Wellness Center. BACKGROUND On August 20, 2012, City staff issued an RFP for an Onsite Medical Center and as a result of the selection process, selected Concentra
Health Services, Inc. The Commission approved to award the bid to Concentra Health Services, Inc. on October 2, 2012. The contract with the City’s current worksite medical facility,
CareHere, will end on December 18, 2012. REVIEW BY OTHERS The contract has been reviewed and approved by the City Attorney. FUNDING SOURCE Funding will be from account 551-1577-591-34.90
RECOMMENDATION Staff recommends approval of the Agreement for Services at a Worksite Medical Facility between Concentra Health Services, Inc. and the City of Delray Beach.
1 AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY This Agreement for Services at a Worksite Medical Facility (the “Agreement”) is made and entered into as of the day of , 2012
(the "Effective Date"), by and between Concentra Health Services, Inc., a Nevada Corporation, (“Concentra") and the City of Delray Beach (“Client”). RECITALS WHEREAS, Concentra is in
the business of providing certain healthcare services through its affiliates, including those services as described on Schedule I attached hereto (the “Services”); and WHEREAS, Client
desires to engage Concentra, and Concentra desires to accept such engagement, to provide the Services, on the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and
in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows: AGREEMENT 1. Obligations of the Parties. (a) During the term of this Agreement, Concentra shall, through its affiliates, provide the Services described
on Schedule I. (b) Client agrees to provide adequate office and clinic space, telephone, fax capability, computer and online availability, and supplies for the Concentra employee(s)
to provide the Services, and the fee schedule set forth on Schedule II has been determined in consideration of this Section 1(b). 2. Compensation. In consideration of Concentra’s provision
of the Services pursuant to Section 1, Client shall pay Concentra and/or its designated affiliate in accordance with the fee schedule set forth on Schedule II hereto (the "Fees"). At
the beginning of each 12-month period of this Agreement, commencing on the date which is 12 months following the Effective Date, the Fees for the prior 12-month period shall be increased
by the (i) the percentage change in the Consumer Price Index, All Urban Consumers (CPI-U) for medical care or (ii) 6%, whichever is less. Concentra shall invoice Client, in advance,
no more frequently than monthly, and Client shall remit payment to Concentra within thirty (30) days of receipt of invoice. 3. Term and Termination. (a) The initial term of this Agreement
shall be a period of three (3) years commencing on the Effective Date, with Concentra to begin delivering healthcare services on January 2, 2013. Thereafter, this Agreement shall automatically
renew for successive additional terms of one (1) year each, unless sooner terminated as provided herein. (b) Following the first twelve (12) months of this Agreement, either party may
terminate this Agreement at any time, without cause, upon at least ninety (90) days prior written notice to the other party. (c) Except as otherwise provided in Section 7(a) of this
Agreement, either party may terminate this Agreement immediately upon written notice to the other party in the event of such other party’s breach of a material provision of this Agreement
which remains uncured for a period of thirty (30) days following receipt of written notice specifying the breach complained of.
2 (d) In the event Client terminates this agreement without cause at any time during the initial twelve (12) months of the Agreement, Client will pay Concentra an early termination penalty
in an amount equal to three (3) times the average monthly fee (based upon the amount of the monthly fee paid during the term of the Agreement) within thirty (30) days of the date of
termination of the Agreement. 4. Compliance with Laws. In the performance of its duties and obligations pursuant to this Agreement, Concentra shall comply with all laws, rules, and regulations
applicable to Concentra in connection therewith. Concentra further shall ensure that all personnel performing Services hereunder are appropriately licensed and/or certified to perform
the Services, and be in good standing with his or her professional association. In the event that any personnel performing Services has his or her license restricted, revoked, or suspended,
Concentra shall promptly remove said personnel. 5. Insurance. Promptly following the execution and delivery of this Agreement, Concentra shall provide to Client certificates of insurance
evidencing Concentra’s commercial general liability and professional liability insurance coverage in the amounts listed on the attached Schedule III for services rendered by Concentra.
Concentra shall notify Client thirty (30) days prior to any modification, cancellation, lapse, or termination in such insurance, which may affect Client. 6. Nature of Relationship. Concentra
shall perform this Agreement as an independent contractor to Client and, except as specifically provided in this Agreement, Concentra shall be solely responsible for the means and methods
used to perform its obligations to Client. Concentra and Client specifically acknowledge and agree that all individuals who will be performing services hereunder are agents or employees
of Concentra and not of the Client. Nothing in this Agreement is intended or shall be construed to create a joint venture, agency, partnership, employer/employee relationship or any
legal or equitable relationship other than that of client and independent contractor. 7. Non-Solicitation and Non-Recruitment. Client acknowledges and agrees that the relationship between
Concentra and its affiliate employees who work with Client in the performance of Services hereunder constitutes a valuable asset of Concentra. Therefore, Client will not directly or
indirectly induce, or attempt to induce, with the exception of the posting of a job vacancy in accordance with the City’s hiring procedure, any employee of Concentra to terminate his
or her employment or hire away or attempt to hire away any employee of Concentra, during the term of this Agreement and for one (1) year following the expiration or termination of this
Agreement for any reason. Should Client solicit an employee in violation of this Section, Concentra may terminate immediately this Agreement upon written notice to Client and shall receive
as liquidated damages from Client the equivalent of the early termination penalty described in Section 3(d) of this Agreement. Should Client hire an employee in violation of this Section,
Concentra may terminate immediately this Agreement upon written notice to Client and shall receive as liquidated damages for each employee hired, an amount equal to one (1) time the
annual salary of each employee hired. This Section shall survive the termination of this Agreement. 8. Confidentiality (a) The Client is bound by the State Public Records Act which provides
for the mandatory disclosure of certain records to the public upon request. Any disclosure by the Client pursuant to the Public Records Act shall be exempt from the provisions of this
section. (b) The parties recognize and acknowledge that in the course of performing its duties and obligations under this Agreement such parties may have access to the other party’s
trade secrets and confidential or proprietary information (the “Information”). Information shall include, but not be limited to, this Agreement and the terms contained herein. Each party
hereby agrees that, except when required by law and the State Public Records Act, it will not disclose, in whole or in part, such Information for its own purposes or for the benefit
of
3 any other person, firm, partnership, association, corporation or business organization, entity or enterprise. In connection therewith, each party represents and warrants that any employee
or agent of a party that has access to the Information of the other party has executed a written agreement obligating each individual to adhere to and be subject to the terms of this
Section. Both parties shall maintain the confidentiality of medical records generated hereunder in accordance with applicable law and shall protect from disclosure any protected health
information, as defined in 45 CFR §164.501, or individually identifiable health information as defined in 45 CFR Parts 160-164 and the federal security standards as contained in 45 CFR
Part 164. The parties shall enter into a Business Associate Addendum attached hereto as Schedule IV. (c) The parties agree that, in the event of a disclosure or threatened disclosure
of such Information in a manner inconsistent with the terms of this Agreement, through any means whatsoever, the injured party may terminate this Agreement and may, in addition to any
other remedies to which it may be entitled: (i) demand the return of any and all documents or other tangible items which reflect, reveal, disclose, constitute, compromise, or embody
such Information and any or all copies thereof, whereupon the party disclosing, or threatening to disclose, such Information in a manner inconsistent with the terms of this Agreement
shall promptly comply with such demand; and (ii) be entitled to institute and prosecute proceedings in a court of competent jurisdiction to obtain temporary and/or permanent injunctive
relief to enforce any provision hereof, without the necessity of proof of actual injury, loss or damage. It is the intention of the parties hereto that, in enforcing the provisions of
this Section, a court may take into consideration, among other factors, each of the parties’ interest in maintaining the confidentiality of such Information. Anything contained in this
Section to the contrary notwithstanding, the provisions of this Section are not intended to cover information, which is in the public domain or becomes generally known. This Section
shall survive the termination of this Agreement. 9. Indemnification. (a) Each party shall indemnify, defend, and hold harmless the other party, and such other party’s officers, directors,
employees, and affiliates, from and against any and all liability, loss, cost, or expense (including, without limitation, reasonable attorney’s fees), arising out of or in connection
with the negligence or misconduct of the indemnifying party in the performance of its duties and obligations pursuant to this Agreement, subject to the monetary limits set forth in Florida
Statute 768.28 and the Florida Constitution as to the City. Nothing contained herein shall be deemed a waiver of the City’s Sovereign Immunity. (b) In the event that a Client employed
or contracted physician provides physician oversight (the “Client Physician”) to and for a Concentra employed or contracted nurse or physician assistant providing Services under this
Agreement, Client shall indemnify, defend, and hold harmless Concentra, and Concentra’s officers, directors, employees, and affiliates, from and against any and all liability, loss,
cost, or expense (including, without limitation, reasonable attorney’s fees), arising out of or in connection with the negligence or misconduct of the Client Physician, subject to the
monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City. Nothing contained herein shall be deemed a waiver of the City’s Sovereign Immunity. (c)
The party seeking indemnification shall promptly notify in writing the party from whom indemnification is sought of any claim asserted against it for which such indemnification is sought,
and shall promptly deliver to the party from whom indemnification is sought a true copy of any such claim including, but not limited to, a true copy of any summons or other process,
pleading, or notice issued in any lawsuit or other proceeding to assert or enforce such claim. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying party,
said party reserves the right to control the investigation, trial, and defense of such lawsuit or action (including all negotiations to effect settlement) and any appeal arising therefrom
and to employ or engage attorneys of its own choice.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bruce Koeser, Human Resources Director
THROUGH:Pat Lewandowski, Benefits Manager
DATE:November 30, 2012
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY/ CONC ENTRA
HEALTH SERVICES, INC.
ITEM BEFORE COMMISSION
The item before the Commission is to approve the Ag reement for Services at a Worksite Medical
Facility between Concentra Health Services, Inc. an d the City of Delray Beach to provide certain
healthcare services at the Employee Health and Well ness Center.
BACKGROUND
On August 20, 2012, City staff issued an RFP for an Onsite Medical Center and as a result of the
selection process, selected Concentra Health Servic es, Inc. The Commission approved to award the bid
to Concentra Health Services, Inc. on October 2, 20 12.
The contract with the City’s current worksite medic al facility, CareHere, will end on
December 18, 2012.
REVIEW BY OTHERS
The contract has been reviewed and approved by the City Attorney.
FUNDING SOURCE
Funding will be from account 551-1577-591-34.90
RECOMMENDATION
Staff recommends approval of the Agreement for Serv ices at a Worksite Medical Facility between
Concentra Health Services, Inc. and the City of Del ray Beach.
1
AGREEMENT FOR SERVICES
AT A WORKSITE MEDICAL FACILITY
This Agreement for Services at a Work s ite Medical Facility (the “Agreement”) is made and entered into
as of the day of , 20 1 2 (the "Effective Date"), by and between Concentra Health
Services, Inc ., a Nevada Corporation, (“C oncentra") and the City of Delray Beach (“Client”).
RECITALS
WHEREAS , Concentra is in the business of providing certain healthcare services through its affiliates,
including those services as described on Schedule I attached h ereto (the “Services”); and
WHEREAS , Client desires to engage Concentra , and Concentra desires to accept such engagement, to
provide the Services, on the terms and conditions set forth in this Agreement;
NOW, THEREFORE , for and in consideration of the mu tual covenants and agreements set forth herein
and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
AGREEMENT
1. Obligations of the Parties .
(a) During the term of this Agreement, Concentra shall, through its affiliates, provide the
Services described on Schedule I .
(b) Client agrees to provide adequate office and clinic space, telephone, fax capability, computer
and online availability, and supplies fo r the Concentra employee(s) to provide the Services, and the fee schedule set
forth on Schedule II has been determined in consideration of this Section 1(b).
2. Compensation . In consideration of Concentra ’s provision of the Services pursuant to Section 1 ,
Client shall pay Concentra and/or its designated affiliate in accordance with the fee schedule set forth on
Schedule II hereto (the "Fees"). At the beginning of each 12 -month period of this Agreement, commencing on
the date which is 12 months following the Effective Date, the Fees for the prior 12 -month period shall be
increased by the (i) the percentage change in the Consumer Price Index, All Urban Consumers (CPI -U) for
medical care or (ii) 6 %, whichever is less . Concentra shall invoice Client , in adva nce, no more frequently than
monthly, and Client shall remit payment to Concentra within thirty (30) days of receipt of invoice.
3. Term and Termination .
(a) The initial term of this Agreement shall be a period of three (3) years commencing on the
Ef fective D ate , with Concentra to begin delivering healthcare services on January 2, 201 3 . Thereafter, this
Agreement shall automatically renew for successive additional terms of one (1) year each, unless sooner
terminated as provided herein .
(b) Follow ing the first twelve (12) months of this Agreement , e ither party may terminate this
Agreement at any time, without cause, upon at least ninety (9 0) days prior written notice to the other party .
(c) Except as otherwise provided in Section 7(a) of this Ag reement , either party may
terminate this Agreement immediately upon written notice to the other party in the event of such other party’s
breach of a material provision of this Agreement which remains uncured for a period of thirty (30) days following
recei pt of written notice specifying the breach complained of.
2
(d) In the event Client terminates this agreement without cause at any time during the initial
twelve (12) months of the Agreement, Client will pay Concentra an early termination penalty in an am ount equal
to three (3) times the average monthly fee (based upon the amount of the monthly fee paid during the term of the
Agreement) within thirty (30) days of the date of termination of the Agreement.
4. Compliance w ith Laws . In the performance of its duties and obligations pursuant to this
Agreement, Concentra shall comply with all laws, rules, and regulations applicable to Concentra in connection
therewith. Concentra further shall ensure that all personnel performing Services hereunder are approp riately
licensed and/or certified to perform the Services , and be in good standing with his or her professional association.
In the event that any personnel performing Services has his or her license restricted, revoked, or suspended,
Concentra shall promp tly remove said personnel.
5. Insurance . Promptly following the execution and delivery of this Agreement, Concentra shall
provide to Client certificates of insurance evidencing Concentra ’s com mercial general liability and professional
liability insurance coverage in the amounts listed on the attached Schedule III for services rendered by
Concentra . Concentra shall notify Client thirty (30) days prior to any modification, cancellation, lapse, or
termination in such insurance, which may affect Client.
6 . Nature of Relationship . Concentra shall perform this Agreement as an independent contractor to
Client and, except as specifically provided in this Agreement, Concentra shall be solely responsible for the means
and methods used to perform its obligations to Client. Concentra and Client specifically acknowledge and agree
that all individuals who will be performing services hereunder are agents or employees of Concentra and not of
the Client. Nothing in this Agreement is intended or shall be construed to create a joint venture, agency,
partnership, employer/employee relationship or any legal or equitable relationship other than that of client and
independent contractor.
7. Non -Solicitation a nd Non -Recruitment . Client acknowledges and agrees that the rela tionship
between Concentra and its affiliate employees who work with Client in the performance of Services hereunder
constitutes a valuable asset of Concentra. Therefore, Client will not directly or indirectly induce, or attempt to
induce, with the except ion of the posting of a job vacancy in accordance with the City ’s hiring procedure , any
employee of Concentra to terminate his or her employment or hire away or attempt to hire away any employee of
Concentra , during the te rm of this Agreement and for one (1) year following the expiration or termination of this
Agreement for any reason. Should Client solicit an employee in violation of this Section, Concentra may
terminate immediately this Agreement upon written notice to Client and shall receive as liquida ted damages from
Client the equivalent of the early termination penalty described in Section 3(d) of this Agreement. Should Client
hire an employee in violation of this Section, Concentra may terminate immediately this Agreement upon written
notice to Cli ent and shall receive as liquidated damages for each employee hired, an amount equal to one (1) time
the annual salary of each employee hired . This Section shall survive the termination of this Agreement.
8 . Confidentiality
(a) The Client is boun d by the State Public Records Act which provides for the mandatory
disclosure of certain records to the public upon request. Any disclosure by the Client pursuant to the Public
Records Act shall be exempt from the provisions of this section.
(b) The pa rties recognize and acknowledge that in the course of performing its duties and
obligations under this Agreement such parties may have access to the other party ’s trade secrets and confidential
or proprietary information (the “Information”). Information s hall include, but not be limited to, this Agreement
and the terms contained herein. Each party hereby agrees that, except when required by law and the State Public
Records Act , it will not disclose, in whole or in part, such Information for its own purpos es or for the benefit of
3
any other person, firm, partnership, association, corporation or business organization, entity or enterprise. In
connection therewith, each party represents and warrants that any employee or agent of a party that has access to
the Information of the other party has executed a written agreement obligating each individual to adhere to and be
subject to the terms of this S ection. Both parties shall maintain the confidentiality of medical records generated
hereunder in accordance with applicable law and shall protect from disclosure any protected health
information, as defined in 45 CFR §164.501, or individually identifiable health information as defined in
45 CFR Parts 160 -164 and the federal security standards as contained in 45 CFR Part 164. The parties
shall enter into a Business Associate Addendum attached hereto as Schedule IV .
(c ) The parties agree that, in the event of a disclosure or threatened disclosure of such
Information in a manner inconsistent with the ter ms of this Agreement, through any means whatsoever, the
injured party may terminate this Agreement and may, in addition to any other remedies to which it may be
entitled : (i ) demand the return of any and all documents or other tangible items which reflect, reveal, disclose,
constitute, compromise, or embody such Information and any or all copies thereof, whereupon the party
disclosing, or threatening to disclose, such Information in a manner inconsistent with the terms of this Agreement
shall promptly compl y with such demand ; and (ii) be entitled to institute and prosecute proceedings in a court of
competent jurisdiction to obtain temporary and/or permanent injunctive relief to enforce any provision hereof,
without the necessity of proof of actual injury, lo ss or damag e. It is the intention of the parties hereto that, in
enforcing the provisions of this S ection, a court may take into consideration, among other factors, each of the
parties’ interest in maintaining the confidentiality of such Information. An ything contained in this S ection to the
contrary notwithst anding, the provisions of this S ection are not intended to cover information, which is in the
public domain or becomes generally known.
This Section shall survive the termination of this Agreemen t.
9 . Indemnification .
(a) Each party shall indemnify, defend, and hold harmless the other party, and such other
party’s officers, directors, employees, and affiliates, from and against any and all liability, loss, cost, or expense
(including, without limitation, reasonable attorney’s fees), arising out of or in connection with the negligence or
misconduct of the indemnifying party in the performance of its duties and obligations pursuant to this Agreement ,
subject to the monetary limits set forth in F lorida Statute 768.28 and the Florida Constitution as to the City .
Nothing contained herein shall be deemed a waiver of the City’s Sovereign Immunity.
(b) In the event that a Client employed or contracted physician provides physician oversight
(th e “Client Physician”) to and for a Concentra employed or contracted nurse or physician assistant providing
Services under this Agreement, Client shall indemnify, defend, and hold harmless Concentra, and Concentra’s
officers, directors, employees, and affil iates, from and against any and all liability, loss, cost, or expense
(including, without limitation, reasonable attorney’s fees), arising out of or in connection with the negligence or
misconduct of the Client Physician , subject to the monetary limits set forth in Florida Statute 768.28 and the
Florida Constitution as to the City . Nothing contained herein shall be deemed a waiver of the City’s Sovereign
Immunity.
(c) The party seeking indemnification shall promptly notify in writing the party from w hom
indemnification is sought of any claim asserted against it for which such indemnification is sought, and shall
promptly deliver to the party from whom indemnification is sought a true copy of any such claim including, but
not limited to, a true copy of any summons or other process, pleading, or notice issued in any lawsuit or other
proceeding to assert or enforce such claim. Where acceptance of its obligation to indemnify is deemed proper by
the indemnifying party, said party reserves the right to cont rol the investigation, trial, and defense of such lawsuit
or action (including all negotiations to effect settlement) and any appeal arising therefrom and to employ or
engage attorneys of its own choice.
4 (d) The party seeking indemnification may, at its own cost, participate in such investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The party
seeking indemnification and its employees, agents, servants, and representatives shall provide full cooperation to the indemnifying part at all times during the pendency of the claim
or lawsuit, including without limitation, providing them with all available information with respect thereto. This Section shall survive the termination of this Agreement. 10. Medical
Records. (a) Custodian. Concentra shall serve as custodian of such medical records during the term of this Agreement. Concentra will provide copies of such medical records to the Client
upon Client’s written request with properly executed release from the employee/patient. Such request shall be subject to a reasonable charge for producing such records. (b) Access. Client
understands and acknowledges that he/she is not entitled to access any patient medical records except to the extent minimally necessary to determine a workers compensation claim. Concentra
is a “covered entity” as enumerated in 45 CFR §160.103. As a covered entity, Concentra may only disclose protected health information as authorized by and to the extent necessary to
comply with laws relating to workers' compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.
This Section shall survive the termination of this Agreement. 11. Security Audit Rights. (a) Upon reasonable advance notice, Concentra reserves the right to perform security audits at
the worksite to evaluate the adequacy of Information Technology Resources and Information Technology Services as defined herein. Concentra reserves the right to use appropriate tools
and technology to monitor, encrypt or scan as appropriate. Concentra shall be provided reasonable access to premises and technology resources to verify conformance to the terms of this
Agreement. Concentra shall be permitted to conduct these audits with any or all its own internal resources or by securing the services of a third party firm, solely at Concentra’s election.
Concentra shall have the right to copy, at its own expense, any record related to the Services performed pursuant to this agreement. (b) For purposes of this Section, the term “Information
Technology Resources” includes, but is not limited to, hardware, application software, system software, and information (data), and the term “Information Technology Services” includes,
but is not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks,
and telecommunications systems. All Information Technology Resources shall be sufficiently protected according to Concentra Security standards, which shall be provided in writing to
Client and shall be substantially in the form attached hereto as Schedule V. 12. Miscellaneous. (a) Entire Agreement; Amendment. This Agreement contains the entire agreement and understanding
of the parties with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, and arrangements, written or oral, between the parties hereto regarding
the subject matter hereof. Only a written instrument executed by both parties may amend this Agreement. (b) Notices. All notices required or permitted under this Agreement shall be in
writing and shall be deemed to have been properly given (i) when personally delivered, (ii) when sent via overnight delivery by a nationally recognized overnight carrier, upon the delivery
date, or (iii) when sent by United States mail, three
5 (3) business days after deposit in postage prepaid, certified or registered mail, to the following respective addresses (or to such other address or addresses as either party may designate
in writing): If to Concentra: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200 –West Tower Addison, Texas 75001 Attn: Legal Counsel If to Client: City of Delray Beach
100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: City Manager (c) Adequate Assurances. If reasonable grounds for insecurity arise with respect to Client's ability to pay for the
Services in a timely fashion, Concentra may demand in writing adequate assurances of Client's ability to meet its payment obligations under this Agreement. Unless Client provides such
assurances in a reasonable time and manner acceptable to Concentra, then in addition to any other rights and remedies available, Concentra may in its sole discretion (a) partially or
totally suspend its performance of Services while awaiting assurances from Client, without any liability, and/or (b) require payment from Client in advance for services not yet provided,
without any liability. (d) Force Majeure. Neither party shall be liable for failure to perform any duty or obligation that either may have under this Agreement where such failure has
been occasioned by any act of God, fire, strike, inevitable accident, war, or any cause outside the reasonable control of the party who had the duty to perform. (e) Waiver. The failure
of either party to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, nor operate to bar the exercise or performance thereof
at any time or times thereafter, nor shall its waiver of any right hereunder at any given time, including rights to any payment, be deemed a waiver thereof for any other time. (f) Assignment;
Binding Effect. Neither party may assign this Agreement to any other person or entity without the prior written consent of the other party; provided however that Client acknowledges
that certain professional services to be rendered by Concentra may be rendered by a professional association affiliated with Concentra. Notwithstanding anything contained herein to the
contrary, either party may assign this Agreement, without consent, to the surviving entity in the event of a merger or sale of substantially all the assets. Subject to the foregoing,
this Agreement inures to the benefit of, and is binding upon, the parties hereto and their respective successors and assigns. (g) Severability. If any provision of this Agreement is
held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties shall, if possible, agree on a legal, valid, and enforceable substitute provision that
is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall, in any event, remain valid
and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of this Agreement. (h) Governing Law. This Agreement shall be governed
by, and construed and enforced in accordance with, the laws of the state of Florida. Said venue will be Palm Beach County, Florida. (i) Legislative Modification. Notwithstanding any
other provision to the contrary: (a) in the event that any federal, state, or local law, rule, regulation, or interpretation thereof at any time during the term of this Agreement prohibits,
restricts, or in any way materially changes the method or amount of reimbursement or payment for services under this Agreement, then this Agreement shall, in good faith, be amended by
the parties to provide for payment of compensation in a manner consistent with any such prohibition, restriction, or limitation,
6 and (b) with respect to any law, rule, regulation, or interpretation thereof which results in a material increase in the cost of services provided by Concentra hereunder, Concentra
shall have the right to increase its fees to reach that level of prices at which it is willing to provide services hereunder. With respect to any other prohibition, restriction, or change
that causes this Agreement to be impermissible or materially different in its effect than contemplated herein, the parties hereto will, in good faith, negotiate and amend this Agreement
to cause their relationship to be as consistent as possible with that which is created herein; if this Agreement is not so amended in writing prior to the effective date of said prohibition,
restriction, or change, either party may terminate this Agreement upon written notice to the other party. (j) Corporate Authority. Client represents and warrants that Client has the
requisite corporate power and authority to enter into this Agreement, to engage Concentra to perform the Services set forth herein, and to perform its obligations hereunder. The execution,
delivery and performance by Client of this Agreement and the engagement of Concentra to perform the Services set forth herein have been duly authorized by all requisite corporate action
on the part of Client. (k) Publicity. Concentra shall seek Client’s consent before publishing Client’s name or the terms of this agreement in any advertising, written sales promotions,
press releases and other publicity matters relating to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. ATTEST: _____________________
City Clerk City of Delray Beach By: Name: Title: Date: , 2012 Approved as to form: ____________________________ City Attorney Concentra Health Services, Inc. By: Name: Title: Date: ,
2012 I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared________________________
known to me to be the person described in and who
7 executed the foregoing instrument as ______________________ a corporation organized under the laws of the state of _____________. He acknowledges before me that he executed the foregoing
instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation. SWORN TO AND SUBSCRIBED before me this
_________day of 2012. ______________________________ Notary Public My Commission Expires:
8 Schedule 1 – Scope of Services I. Staffing Concentra agrees to provide the appropriate staffing members to operate the City of Delray Beach’s Employee Health Center. The level of staffing
may change upon agreement of both parties to comply with business need, but will initially begin as the following model: Position Full Time Equivalent Hours Per Week Physician 0.525
21 Physician Assistant 0.875 35 Registered Nurse 1.0 40 Radiology Technician 1.0 40 Concentra will provide City of Delray Beach the opportunity to meet the finalist clinician and medical
support staff candidates prior to final hire. All staff members will begin working on-site 2 weeks prior to opening of the medical center to allow for training. Throughout the year,
Concentra may utilize additional staff members to support business need (biometric screens, flu shots, blood draws), upon approval from the City of Delray. The cost for these additional
staff members will be calculated in accordance with Schedule II of this contract. II. Eligible Users of the Center Current employees and their dependents, including children over 2 years
of age, who are covered on City of Delray Beach’s benefit plan, are eligible to use the Employee Health Center. Retirees and their dependents, who are covered on City of Delray Beach’s
benefit plan, are eligible to use the Employee Health Center. Persons presenting for care that are not affiliated with City of Delray Beach will not be eligible to use the Employee Health
Center III. Costs to Patients for Services Rendered at the Center Current employees, retirees, and their dependents, including children over the age of 2, who are covered on City of
Delray Beach’s benefit plan are eligible to access the Employee Health Center for urgent care, primary care, and preventive care services with no out of pocket cost. IV. Operating Hours
and Utilization The initial operating schedule for the City of Delray’s Employee Health Center will be: Monday Lab Only 8AM – 9AM Full Services 9AM – 6PM closed 1PM – 2PM
9 Tuesday Lab Only 8AM – 10AM Full Services 10AM -7PM closed 1PM – 2PM Wednesday Full Services 8AM – 5PM closed 1PM – 2PM Lab Only 5PM – 7PM Thursday Full Services 11AM – 5PM closed
1PM – 2PM Police/Fire Physicals 5PM – 8PM Friday Full Services 8AM – 12PM Concentra will follow the following schedule for each staff member: Physician Mon 9-6 1 hr. lunch Tues 10-7
1 hr. lunch Wed Off Thurs 11-5 1 hr. lunch Fri Off 21 hours Physician Assistant Mon 8-5 1 hr. lunch Tues 8-5 1 hr. lunch Weds 8-5 1 hr. lunch Thurs 1-8 no lunch 5p -8p -Not Published
hours. Performing Fire and Police exams at this time by agreement Fri 8-12 no lunch 35 hours Registered Nurse Mon 8-6 1 hr. lunch Tues 8-7 1 hr. lunch Weds 8-5 1 hr. lunch Thurs 11-5
no lunch Fri` 8-12 no lunch 37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15-30 minutes late each day to open and close the center for a total
of 40 hours. Radiology Technician Mon 8-6 1 hr. lunch Tues 8-5 1 hr. lunch Weds 8-5 1 hr. lunch Thurs 11-8 1 hr. lunch 5p -8p -Not Published hours. Performing Fire and Police exams at
this time by agreement Fri 8-12 no lunch 37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15-30 minutes late each day to open and close the center
for a total of 40 hours.
10 Clinic utilization shall be monitored monthly by both Concentra and City of Delray Beach to determine the necessary staffing and operating hours. Hours of operations may be modified
periodically based on patient needs with mutual approval by Concentra and City of Delray Beach. This staffing model will support clinical services for an average daily census of 18 -20
patient encounters per clinician per 8-hour clinic day. If exceeded, additional clinical or medical support staff will be recommended to support patient demand, medical acuity or complexity.
If declines recommendation, this may negatively impact patient satisfaction and clinic wait times and would remove any performance guarantee associated with these items. V. Scope of
Clinical Services Concentra will provide the following services at the City of Delray Beach Employee Wellness Center. Urgent Care o Urgent Care-Episodic Treatment includes (but is
not limited to) Allergies (ages 6+) Bladder infection Bronchitis Ear infections Minor eye irritations Sinus infections Colds and influenza Sore throat Swimmer’s ear
Diarrhea Sprains Splinter removal Minor burns and rashes Minor skin infections Swimmers itch Primary Care o Primary Care Treatment, in addition to above conditions, includes
but is not limited to Clinical preventive services Common immunizations for adults only Flu shots Health education and training Asthma Diabetes High cholesterol High
blood pressure Weight management Emphysema Laboratory testing as ordered by Concentra’s clinicians Biometric Screenings & HRA Referrals to employee assistance program Referrals
to behavioral health program Allergy and disease modifying agent injections Annual personal physical examinations
11 Regulatory compliance examinations Drug/alcohol testing -pre-employment, post-accident and reasonable suspicion, DOT Cotinine testing X-ray services Police and Firefighter
physical examinations Other items as mutually approved in writing by Concentra and the City of Delray Beach. Concentra’s on-site clinician will have the final determination on the
appropriateness of any care provided to patients. This clinician may provide less or more than the items mentioned above if deemed appropriate for patient care in an emergency situation.
VI. Worksite Dispensing of Pharmaceuticals Concentra will dispense prepackaged prescription medications included in a formulary mutually agreed upon by Concentra and City of Delray Beach
and will charge for these items as described in Schedule II of this agreement. Concentra will dispense prepackaged, over-the-counter medications and will charge for these items as described
in Schedule II of this agreement. For medications not available on-site, Concentra will prescribe per the formulary guidelines of City of Delray Beach’s PBM partner. VII. Technology
& Reporting Health information will be collected and stored in a secure and professional manner. Concentra will use an electronic medical record system to document and manage health
data and support electronic prescribing. Appointment scheduling will be managed by the worksite medical support staff from the main clinic phone number; online scheduling may also be
utilized for self-scheduled appointments. Quarterly stewardship reports will be delivered within 30 days of the calendar quarter, unless pre-approved by City of Delray Beach. Concentra
will create an electronic data interface with Gallagher Benefits for purposes of transmitting patient treatment data in accordance with the terms outlined in a mutually executed Business
Associate Agreement. VIII. Communications /Promotion Promotion/Marketing of services to enhance employee engagement will be coordinated with City of Delray Beach’s Human Resource representatives
and other vendor partners as appropriate. Concentra will provide Concentra’s internally prepared templates for marketing /communications at no additional cost beyond the fees described
in Schedule II. The City of Delray Beach will be responsible for printing and distribution of any marketing materials. IX. Supplies & Equipment
12 Supply inventory will be managed by Concentra; City of Delray Beach will be invoiced monthly for costs. Routine maintenance will be monitored by Concentra operations; City of Delray
Beach will be responsible for any costs associated with these items, as outlined in Schedule II of this agreement. X. Quality Assurance /Audits Concentra will assure quality management,
auditing, and physician oversight to this worksite practice. Each mid-level clinician will have 10 random chart audits per month by the collaborating physician. Deficiencies will be
documented and noted in the quarterly stewardship report. Concentra will conduct periodic quality assurance audits and will provide the results of these audits during regularly scheduled
stewardship meetings. Concentra will conduct patient satisfaction surveys and will provide the results of these surveys during regularly scheduled stewardship meetings. Concentra will
manage all licensing and quality assurance requirements for the on-site radiology equipment. XI. Client Responsibilities The following items will be provided by City of Delray Beach
during implementation and ongoing to support the worksite medical practice: Identify key contacts at beginning of implementation process Provide site access for Concentra implementation
team during the implementation process Construction /build out of medical center Provide utilities for medical center Provide internet connectivity and phone line for medical center
Provide technology hardware 30 days prior to clinic opening (if client is providing hardware per contract) Contract execution prior to first day of clinic operation (Concentra will
not be able to provide patient care without an executed agreement) Participation in weekly team calls/meetings with Concentra implementation leadership Support to mutually develop
engagement plan strategy and outreach to employees/dependents Final screening of proposed on-site staff members to approve of cultural fit within organization
13 Schedule II – Compensation for Worksite Services 1. Staffing and Labor: Concentra will bill the City of Delray Beach on a monthly basis for the costs associated with staffing and
labor. This “Monthly Labor Fee” will be determined to be the cost of all staff wages during the calendar period, plus a 74.7% markup. Included in this cost are the following items for
all regularly staffed positions: Staff salaries, wages, employee benefits, recruiting, credentialing, continuing education and training Coverage for time off (vacation, personal,
sick leave) Account management Medical direction and oversight Professional licenses and fees Membership in professional organizations General and administrative fees Management
fees As described above, this markup includes the cost for backfill for regularly staffed positions, but does not include additional staff members who are utilized on a temporary basis
for a specific business need (biometric screenings, flu shots, etc.). The charge for these additional temporary staff members will be consistent with the cost-plus model described above
(salary + 74.7% markup). 2. Start-Up One Time Implementation Costs: Implementation Staffing Costs -Concentra will begin staffing 2 weeks (determined by facility availability and the
City of Delray Beach) prior to clinic opening. Concentra will bill staff costs during this time period consistent with the fee schedule above. Initial Equipment TBD based upon existing
inventory (Incurred charges will be passed through with a 10% procurement administration fee) Initial Supplies TBD based upon existing inventory (Incurred charges will be passed through
with a 10% procurement administration fee) Pharmacy Inventory Pass through acquisition cost Implementation/Travel/Training/Meetings $15,000 WebChart IT/Software $20,000 3. On-going Fees:
Annual EMR/HER subscription/maintenance fees and IT support Fee $16,000 Medical supplies, office supplies, promotion and communication materials, laundry, waste disposal: Concentra will
pass through the cost for these items in the month in which they were incurred with a 10% procurement administration fee. Laboratory Fees:
14 Concentra will collect laboratory samples and send to the City of Delray’s preferred laboratory for processing. The cost for this processing will be coordinated between the lab and
the City of Delray’s third party administrator. Pharmacy Fees: Concentra will pass through St. Mary’s charges for medication acquisition. 4. Optional Programs: Staffing for Biometric
Events (as needed) TBD at time of screening Health Risk Assessments Paper-based HRA $15.00 per participant Printing/mailing included Online HRA $10.00 per participant $7.50 per
participant for printing/mailing (if desired) Cholestech Analysis for Biometric Screen $15.00 Includes cholesterol and blood sugar results Cotinine Analysis for Biometric Screen Sent
to the City’s preferred laboratory Other Terms and Conditions: Upon each anniversary of this agreement, Staffing and Labor Fees as well as On-going Fees will increase as described in
the Master Services Agreement. Provider(s) hours will be scheduled and mutually agreed by both parties. Holiday coverage not included in pricing, Concentra observes the following holidays:
New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day and Floating Holiday. To the extent that there is a conflict
between the holiday schedule of Concentra and Client, the holiday schedule of Client shall govern this Agreement. Mutually pre-approved travel and mileage (at the IRS rate) expenses
incurred in the performance of required services will be billed back at actual cost without additional markup or management fee. Costs for additional items purchased through Concentra’s
vendor relationships necessary to support the operation of the on-site medical programs, including but not limited to medical supplies, office supplies, medical equipment, vaccinations,
laboratory testing, and equipment maintenance, will be passed through at 10% procurement administration fee. Client will have the opportunity to review and approve these items prior
to purchase or order. Nothing in this Agreement requires Client to purchase items through Concentra's vendor relationships. However, Concentra will only provide detail reporting and
analysis on the purchases made through Concentra’s vendor relationships. The Client agrees to provide purchasing data to Concentra as necessary and in a mutually agreed format for purchases
made outside of Concentra’s vendor relationships for inclusion in Concentra’s stewardship reports.
15 Schedule III Insurance Concentra shall maintain, throughout the term of this Agreement, at its sole expense, professional liability insurance coverage, or adequate self-insurance,
with limits of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate. Where applicable, limits shall be in accordance
with the Patient Compensation Fund Guidelines. Commercial General Liability Coverage: $1,000,000 per occurrence $3,000,000 general aggregate Concentra will extend Additional Insured
status to clients as it relates to services we are providing to them per written agreement. Automobile Liability Coverage: $3,000,000 combined single limit Concentra will extend Additional
Insured status to clients as it relates to services we are providing to them per written agreement. Workers’ Compensation Coverage: Each State mandates Statutory Limits and then Employers’
Liability Coverage is $2,000,000 each accident; $2,000,000 disease-policy limit and $2,000,000 disease-each employee Additional Insured: The City of Delray Beach shall be included as
an additional insured on the contractor’s liability insurance policies required under this Contract. Notwithstanding any laws to the contrary, the City of Delray Beach shall be named
as an additional insured but only to the extent of monetary limits as set forth by Florida Statute 768.28 and the Florida Constitution. Nothing contained herein shall be deemed a waiver
of the City’s Sovereign Immunity. Evidence of Insurance: Prior to the commencement by Concentra of any work under this Contract, the City must receive and approve Certificates of Insurance
evidencing the insurance coverages and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the City. Renewal Certificates shall
be provided to the City at least ten (10) days prior to the expiration of any policy. If at any time Concentra fails to maintain, or provide evidence of insurance coverage required by
this Contract, all work may be halted by the City. The City, at its option, may procure and maintain such required insurance and demand from Contractor reimbursement of premiums paid,
including reasonable interest until the reimbursement is recovered from the Contractor by the City. Cancellation/Changes/Renewal: At least thirty (30) days written notice must be given
to the City of any cancellation, intent to non-renew, or material reduction or change in insurance coverage.
16 Schedule IV HIPAA BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered into by and between City of Delray Beach on behalf of its affiliates that underwrite or administer health
plans (hereinafter “Covered Entity”) and Concentra Health Services, Inc. (hereinafter "Business Associate"). WITNESSETH WHEREAS, Covered Entity and Business Associate have entered into
an Agreement for Services at a Worksite Medical Facility (hereinafter the Arrangement) pursuant to which Business Associate agrees to provide healthcare services; and WHEREAS, Covered
Entity and Business Associate desire to enter into a HIPAA Business Associate Agreement (hereinafter the Agreement) as follows: Scope of Agreement A. In conformity with the regulations
at 45 C.F.R. Parts 160-164 (the “Privacy and Security Rules”), Covered Entity will provide Business Associate with access to, or have Business Associate create, maintain, transmit and/or
receive certain Protected Health Information (“PHI” as defined below), thus necessitating a written agreement that meets the applicable requirements of the Privacy and Security Rules
under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”). B. Covered Entity and Business Associate intend to protect the privacy and provide
for the security of PHI disclosed to Business Associate pursuant to this Agreement in compliance with HIPAA and the regulations promulgated thereunder by the U.S. Department of Health
and Human Services, including, but not limited to, Title 45, Section 164.504(e) of the Code of Federal Regulations (“CFR”), as the same may be amended from time to time and other applicable
state and federal laws, rules and regulations regarding privacy and security of personal information. C. The parties acknowledge that state and federal laws relating to electronic data
security and privacy are rapidly evolving and that further amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties
specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security
or confidentiality of PHI. D. In the event of any conflict between this Agreement and the Arrangement as to the subject matter referenced herein, this Agreement shall control. In consideration
of the mutual promises below and the exchange of Information pursuant to this Agreement, the parties agree as follows: 1. Definitions. The following terms shall have the meaning set
forth below: (a)ARRA. “ARRA” means the American Recovery and Reinvestment Act of 2009
17 (b) C. F. R. “C.F. R.” means the Code of Federal Regulations. (c) Designated Record Set. “Designated Record Set” has the meaning assigned to such term in 45 C. F. R. 160.501. (d)
Discovery. “Discovery” shall mean the first day on which a Security Breach is known to Business Associate (including any person, other than the individual committing the breach, that
is an employee, officer, or other agent of Business Associate), or should reasonably have been known to Business Associate, to have occurred. (e) Electronic Health Record. “Electronic
Health Record” means an electronic record of health-related information on an individual that is created, gathered, managed and consulted by authorized health care clinicians and staff.
(f) Electronic Protected Health Information. “Electronic Protected Health Information” means information that comes within paragraphs 1 (i) or 1 (ii) of the definition of “Protected
Health Information”, as defined in 45 C. F. R. 160.103. (g) Individual. “Individual” shall have the same meaning as the term “individual” in 45 C. F. R. 164.501 and shall include a person
who qualifies as personal representative in accordance with 45 C. F. R. 164.502 (g). (h) Protected Health Information. “Protected Health Information” shall have the same meaning as the
term “Protected Health Information”, as defined by 45 C. F. R. 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. (i)
Required by Law. “Required by Law” shall have the same meaning as the term “required by law” in 45 C. F. R. 164.501. (j) Secretary. “Secretary” shall mean the Secretary of the Department
of Health and Human Services or his designee. (k) Security Breach. “Security Breach” means the unauthorized acquisition, access, use or disclosure of Protected Health Information which
compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such
information. Security Breach does not include: (i) any unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority
of Business Associate if: (a) such acquisition, access or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee
or individual, respectively, with Business Associate; and (b) such information is not further acquired, accessed, used or disclosed by any person; or (ii) any inadvertent disclosure
from an individual who is otherwise authorized to access Protected Health Information at a facility operated by Business Associate to another similarly situated individual at the same
facility; and
18 (iii) any such information received as a result of such disclosure is not further acquired, accessed, used or disclosed without authorization by any person. (l) Security Breach Compliance
Date. “Security Breach Compliance Date” means the date that is thirty (30) days after the Secretary publishes interim final regulations to carry out the provisions of Section 13402 of
Subtitle D (Privacy) of ARRA.. (m) Security Incident. “Security Incident” shall have the same meaning as the term “security incident” in 45 C. F. R. 164.304. (n) Segregation of duties.
“Segregation of duties” is a method for reducing the risk of accidental or deliberate system misuse. Care should be taken that no single person can access, modify or use assets without
authorization or detection. The initiation of an event should be separated from its authorization. The possibility of collusion should be considered in designing the controls. (o) Standard
Transactions. “Standard Transactions” means the electronic health care transactions for which HIPAA standards have been established, as set forth in 45 C. F. R., Parts 160-162. (p) Unsecured
Protected Health Information. “Unsecured Protected Health Information” means Protected Health Information that is not secured through the use of a technology or methodology specified
by guidance issued by the Secretary from time to time. 2. Obligation of Business Associate. (a) Permitted Uses and Disclosures. Business Associate may create, use and/or disclose Covered
Entity Patient’s PHI pursuant to the Arrangement or this Agreement in accordance with the specifications set forth below provided that such use or disclosure would not violate the Privacy
and Security Rules if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity. Eligibility, claims information and diagnosis code(s) for the sole purpose
of technology implementation Eligibility, diagnosis code(s) and claims information for the sole purpose application development Eligibility, diagnosis code(s) and claims information
for the sole purpose of application design and testing Eligibility, diagnosis codes, and claims information for the sole purpose of consulting and project management Eligibility, diagnosis
codes, and claims information for the sole purpose of providing telecommunication services. Eligibility and claims information for the sole purpose of claims processing and payment,
billing and reimbursement decisions. Eligibility and diagnosis code(s) for the sole purpose of inpatient care coordination. Eligibility, claims information and diagnosis code(s) for
the sole purpose of outpatient care coordination.
19 Medical records for the sole purpose of auditing activities related to credentialing and recredentialing. Eligibility and claims information for the sole purpose of utilization review
and utilization management. Eligibility and claims information for the sole purpose of medical necessity reviews. Eligibility information for the sole purpose of referral approval decisions.
Eligibility and claims information for the sole purpose of assisting in patient specific quality improvement activities. Eligibility, claims information and utilization review and management
information for the sole purposes of providing temporary staffing services Eligibility, claims information and utilization review and management information for the sole purpose of providing,
repairing and maintaining equipment and supplies. Eligibility, claims information and utilization review and management information for the sole purpose of providing services in the
form of creating forms and the printing of documents. Eligibility information for the sole purpose of providing a health information line. Patient health information for the sole purpose
of associate training. Claims data for the purpose of data referencing and archiving. Eligibility, claims information, and medical record for the sole purpose of claims processing and
payment, billing and reimbursement decisions. Eligibility, diagnosis code(s), claims information, patient case management file and medical record for the sole purpose of inpatient care
coordination. Eligibility, claims information, diagnosis code(s), patient case management file and medical record for the sole purpose of outpatient care coordination. Eligibility, claims
information, diagnosis code(s), medical record, patient specific adverse determination and case management files and referral data for the sole purpose of utilization review and utilization
management. Eligibility, claims information, diagnosis codes, medical record, and patient specific adverse determination (denial file) and case management files for the sole purpose
of medical necessity reviews. Eligibility and medical record for the sole purpose of referral denial decisions. Eligibility, claims information, medical record, referral data, utilization
management data and case management files for the sole purpose of assisting in patient specific quality improvement activities.
20 Medical records, referral data and utilization management data for the sole purpose of auditing activities related to credentialing and recredentialing. (b) Specific Use and Disclosure
Provisions (1) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business
Associate or to carry out the legal responsibilities of the Business Associate. (2) Except as otherwise prohibited by this Agreement, Business Associate may disclose Protected Health
Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances
from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed
to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached in accordance with
the Security Breach and Security Incident notifications requirements of this Agreement. (3) Business Associate shall not directly or indirectly receive remuneration in exchange for any
Protected Health Information of an individual without Covered Entity’s prior written approval and notice from Covered Entity that it has obtained from the individual, in accordance with
45 C.F.R. 164.508, a valid authorization that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by Business Associate. The
foregoing shall not apply to Covered Entity’s payments to Business Associate for services delivered by Business Associate to Covered Entity. (4) Except as otherwise prohibited by this
Agreement, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 42 C.F.R. 164.504(e)(2)(i)(B). (5) Business
Associate may use Protected Health Information to report violation of law to appropriate Federal and State authorities, consistent with 164.502 (j)(1). (c) Data Aggregation Services.
For purposes of this Section, "Data Aggregation" means, with respect to Covered Entity's PHI, the combining of such PHI by Business Associate with the PHI received by Business Associate
in its capacity as a Business Associate of another covered entity, as that term is defined under HIPAA to permit data analyses that relate to the health care operations of the respective
Covered Entities. If applicable, Business Associate shall provide the following Data Aggregation services relating to the health care operations of Covered Entity, as such Business Associate
shall comply with restrictions on the use and disclosure of PHI. Covered Entity shall notify Business Associate of such restrictions upon the effective date of this Agreement. Outcomes
data aggregation Profiling of utilization patterns, outcomes and prescribing patterns of providers Geographic profiling of patterns of care rendered to Covered Entity Patients
21 (d) Nondisclosure. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. Business
Associate shall also comply with any further limitations on uses and disclosures agreed to by Covered Entity in accordance with 45 C.F.R. 164.522 provided that such agreed upon limitations
have been communicated to Business Associate according with Section 3(d) of this Agreement. (e) Safeguards. Business Associate shall use appropriate safeguards to prevent use or disclosure
of PHI other than as specifically provided for by the Arrangement or this Agreement. Such safeguards shall at a minimum include: (i) a comprehensive written information privacy and security
policy; and (ii) a program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Business Associate’s operations and the nature
and scope of his/her/its activities; and (iii) periodic and mandatory privacy and security training and awareness to its employees and subcontractors; and (iv) appropriate confidentiality
agreements with all employees, subcontractors, independent contractors and any entity to which Business Associate has delegated or sub-delegated his/her/its rights, duties, activities
and/or obligations under the Arrangement or this Agreement which contain terms and conditions that are the same or similar to those contained in this Agreement; and (v) duties and areas
of responsibility should be segregated to reduce opportunities for unauthorized or unintentional modification or misuse of Covered Entity or Business Associates assets. (f) Reporting
of Disclosures and Mitigation. Business Associate shall provide immediate written notice to Covered Entity of any use or disclosure of PHI other than as specifically provided for by
the Arrangement or this Agreement. Such notice shall be provided in the manner set out in this Agreement. Business Associate agrees to mitigate, to the extent practicable, any harmful
effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. (g) Contractors.
It is understood and agreed that Business Associate shall maintain written confidentiality agreements with contractors, including without limitation subcontractors and independent contractors,
as necessary to perform the services required under the Arrangement, in a form consistent with, the terms and conditions established in this Agreement. Sample copies of the standard
confidentiality agreements between Business Associate and contractors will be made available upon request. Business Associate agrees and shall require contractors to agree that in the
event of any conflict between such Confidentiality Agreements and this Agreement, the language in this Agreement shall control. Business Associate agrees to notify Covered Entity of
any material change(s) to the aforementioned agreements at least thirty (30) days prior to implementing such change(s). Business Associate shall ensure that any agents, including subcontractors,
to whom it provides Covered Entity Patient’s PHI received from, created by, or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions
that apply to Business Associate with respect to such PHI. In no event shall Business Associate, without Covered Entity’s prior written approval, provide Protected Health Information
received from, or created or received by Business Associate on behalf of Covered Entity, to any employee or agent, including a subcontractor, if such employee, agent or subcontractor
receives, processes or otherwise has access to the Protected Health Information outside of the United States. (h) Availability of Information. Business Associate agrees to provide access,
at the request of Covered Entity, and in the time and manner designated by Covered Entity, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed
by Covered Entity, to an Individual in order to meet the requirements under 45 C.F.R. 164.524. Covered Entity’s determination of what constitutes “Protected Health Information” or a
“Designated Record Set” shall be final and conclusive. If Business Associate provides copies or summaries of Protected Health Information to an Individual it may impose a reasonable,
cost-based fee in accordance with 45 C.F.R. 164.524 (c)(4).
22 (i) Amendment of PHI. Business Associate shall make PHI available to Covered Entity as reasonably required to fulfill Covered Entity's obligations to amend such PHI pursuant to HIPAA
and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526 and Business Associate shall, as directed by Covered Entity, incorporate any amendments to PHI into copies
of such PHI maintained by Business Associate. (j) Internal Practices. Business Associate agrees to make (i) internal practices, books, and records, including policies and procedures,
relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity, and (ii) policies, procedures,
and documentation relating to the safeguarding of Electronic Protected Health Information available to Covered Entity, or at the request of the Covered Entity to the Secretary, in a
time and manner designated by Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity’s compliance with the Privacy and Security Rules. (k) Notification
of Breach. Beginning on the later of the Effective Date of this Agreement, Business Associate agrees to report to Covered Entity any potential Security Breach of Unsecured Protected
Health Information without unreasonable delay and in no case later than five (5) calendar days after Discovery of a Security Breach. Such notice shall include:(i) the identification
of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate, to have been, accessed, acquired, or disclosed; and (ii)a brief
description of the event; and (iii) the date of the potential Security Breach; and (iv) the date of discovery; and (v) the type of Protected Health Information involved; and (vi) any
preliminary steps taken to mitigate the damage; and (vii) a description of any investigatory steps taken. In addition, Business Associate shall provide any additional information reasonably
requested by Covered Entity for purposes of investigating the Security Breach. Business Associate’s notification of a Security Breach under this section shall comply in all respects
with each applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time. Breach notifications must be reported
to Covered Entity by one of the following methods: By Mail: Patricia Lewandowski, Privacy Officer of the City of Delray Beach 100 NW 1st Ave Delray Beach, Florida 33444 By Phone: (561)
243-7154 By email: lewandowsk@mydelraybeach.com (l) In addition to the foregoing, Business Associate agrees that in the event of a security incident, Covered Entity shall have the sole
right to determine: (i) whether notice is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, media outlets and/or HHS, or others as
required by law or regulation, or in Covered Entity’s discretion; and (ii) the contents of such notice, whether any type of remediation may be offered to affected persons, and the nature
and extent of any such remediation. Any such notice or remediation shall be at Business Associate’s sole cost and expense. (m) Business Associate agrees to document such disclosures
of Protected Health Information as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance
with 45 C.F.R. 164.528.
23 (n) Business Associate agrees to provide to Covered Entity, in the time and manner designated by Covered Entity, the information collected in accordance with Section 2(k) of this
Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. 164.528. In
addition, with respect to information contained in an Electronic Health Record, Business Associate shall document, and maintain such documentation for three (3) years from date of disclosure,
such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of information contained in an Electronic Health Record,
as required by Section 13405(c) of Subtitle D (Privacy) of ARRA and related regulations issued by the Secretary from time to time. (o) Business Associate acknowledges that it shall request
from Covered Entity and so disclose to its affiliates, agents and subcontractors or other third parties: (i) the information contained in a “limited data set,” as such term is defined
at 45 C.F.R. 164.514(e)(2); or, (ii) if needed by Business Associate, to the minimum necessary to accomplish the intended purpose of such requests or disclosures. In all cases, Business
Associate shall request and disclose Protected Health Information only in a manner that is consistent with guidance issued by the Secretary from time to time (p) With respect to Electronic
Protected Health Information, Business Associate shall implement and comply with (and ensure that its subcontractors implement and comply with) the administrative safeguards set forth
at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the technical safeguards set forth at 45 C.F.R. 164.312, and the policies and procedures set forth at 45 C.F.R.
164.316 to reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains,
or transmits on behalf of Covered Entity. Business Associate acknowledges that on the Effective Date of this Agreement: (i) the foregoing safeguard, policies and procedures requirements
shall apply to Business Associate in the same manner that such requirements apply to Covered Entity; and (ii) Business Associate shall be liable under the civil and criminal enforcement
provisions set forth at 42 U.S.C. 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the safeguard, policies and procedures requirements and any guidance issued
by the Secretary from time to time with respect to such requirements. (q) With respect to Electronic Protected Health Information, Business Associate shall ensure that any agent, including
a subcontractor, to whom it provides Electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (r) Business Associate shall report
to Covered Entity any Security Incident of which it becomes aware. For purposes of reporting to Covered Entity, any attempted unsuccessful Security Incident means any attempted unauthorized
access that prompts Business Associate to investigate the attempt or review or change its current security measures. (s) If Business Associate conducts any Standard Transactions on behalf
of Covered Entity, Business Associate shall comply with the applicable requirements of 45 C.F.R. Parts 160-162. (t) During the term of this Agreement, Business Associate may be asked
to complete a security survey and/or attestation document designed to assist Covered Entity in understanding and documenting Business Associate’s security procedures and compliance with
the requirements contained herein. Business Associate’s failure to complete either of these documents within the reasonable timeframe specified by Covered Entity shall constitute a material
breach of this Agreement.
24 (u) Business Associate acknowledges that on the Effective Date of this Agreement, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5
and 1320d-6, as amended from time to time, for failure to comply with any of the use and disclosure requirements of this Agreement and any guidance issued by the Secretary from time
to time with respect to such use and disclosure requirements. 3. Obligations of Covered Entity. (a) Covered Entity will use appropriate safeguards to maintain the confidentiality, privacy
and security of Protected Health Information in transmitting same to Business Associate pursuant to the Arrangement and this Agreement. (b) Covered Entity shall notify Business Associate
of any limitation(s) in Covered Entity’s notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. 164.520 (as well as any changes to that notice), to the
extent that such limitation(s) may affect Business Associate’s use or disclosure of Protected Health Information. (c) Covered Entity shall provide Business Associate with any changes
in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes affect Business Associate’s use or disclosure of Protected
Health Information. (d) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in
accordance with 45 C.F.R. 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of Protected Health Information. 4. Audits, Inspection and Enforcement.
From time to time upon reasonable advance notice, or upon a reasonable determination by Covered Entity that Business Associate has potentially or actually breached this Agreement, Covered
Entity may inspect the facilities, systems, books, procedures and records of Business Associate to monitor compliance with this Agreement. Business Associate shall promptly remedy any
violation of any term of this Agreement and shall certify the same to Covered Entity in writing. To the extent that Covered Entity determines that such examination is necessary to comply
with Covered Entity's legal obligations pursuant to HIPAA relating to certification of its security practices, Covered Entity or its authorized agents or contractors, may, at Covered
Entity's expense, examine Business Associate’s facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to Covered Entity the extent
to which Business Associate’s administrative, physical and technical safeguards comply with HIPAA, the HIPAA Regulations or this Agreement. 5. Waiver. Waiver, whether expressed or implied,
of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other provision or a waiver of any subsequent or continuing breach of the same provision. In
addition, waiver of one of the remedies available to either party in the event of a default or breach of this Agreement by the other party, shall not at any time be deemed a waiver of
a party’s right to elect such remedy(ies) at any subsequent time if a condition of default continues or recurs. 6. Termination. (a) Term. The provisions of this Agreement shall take
effect on the Agreement’s Effective Date and shall terminate when all of the Protected Health Information provided by Covered Entity to Business
25 Associate, or created, maintained, transmitted or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, in accordance with Section
6(c)(2) (b) Termination for Cause. Without limiting the termination rights of the parties pursuant to the Agreement and upon, either party’s knowledge of a material breach of this Agreement
by the other party, the nonbreaching party shall provide an opportunity for the breaching party, to cure the breach or end the violation, or terminate the Agreement, if the breaching
party does not cure the breach or end the violation within the time specified by the non-breaching party, or immediately terminate this Agreement, if, in the non-breaching party’s reasonable
judgment cure is not possible. (c)Effect of Termination. (1) Except as provided in Section 6(c), upon termination of this Agreement, for any reason, Business Associate shall return or
destroy all Protected Health Information received from Covered Entity, or created, maintained, transmitted or received by Business Associate on behalf of Covered Entity. This provision
shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health
Information. (2) In the event the Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of Protected Health Information is infeasible,
per Section 6(a) above, Business Associate shall continue to extend the protection of this Agreement to such Protected Health Information and limit further uses and disclosures of such
Protected Health Information for so long as Business Associate maintains such Protected Health Information. (d) Judicial or Administrative Proceedings. Either party may terminate the
Arrangement, effective immediately, if: (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or (ii) a finding or stipulation that the other
party has violated any standard or requirement of HIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. 7. Indemnification.
Covered Entity and Business Associate will indemnify, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City, hold harmless and
defend the other party to this Agreement from and against any and all claims, losses, liabilities, costs and other expenses incurred as a result of, or arising directly or indirectly
out of or in connection with: (i) any misrepresentation, breach of warranty or non-fulfillment of any undertaking on the part of the party under this Agreement; and (ii) any claims,
demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connected with the party's performance under this Agreement. Nothing
contained herein shall be deemed a waiver of the City’s Sovereign Immunity. 8. Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with
this Agreement, HIPAA or the HIPAA Regulations will be adequate or satisfactory for Business Associate’s own purposes or that any information in Business Associate’s possession or control,
or transmitted or received by Business Associate, is or will be secure from unauthorized use or disclosure. Business Associate is solely responsible for all decisions made by Business
Associate regarding the safeguarding of PHI. 9. Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself, and any subcontractors, employees or agents
assisting Business Associate in the performance of its obligations under
26 the Arrangement, available to Covered Entity, at no cost to Covered Entity, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced
against Covered Entity, its directors, officers or employees based upon claimed violation of HIPAA, the HIPAA Regulations or other laws relating to security and privacy, except where
Business Associate or its contractor, employee or agent is a named adverse party. 10. Costs Recovery. Business Associate, at its own cost and expense shall: promptly furnish to Covered
Entity full details of the breach. For purposes of this section, Breach shall mean any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and/or
any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations; assist and cooperate fully with Covered Entity in Covered Entity’s
investigation of Business Associate, employees, contractors, sub-contractors, agents or other third parties related to the security incident, including but not limited to providing Covered
Entity with physical access to the facilities and operations affected, facilitating interviews with employees and others involved in the matter, and making available all relevant records,
logs, files, systems and data; promptly use its best efforts to prevent a recurrence of any such security incident 11.No Third Party Beneficiaries. The parties have not created and
do not intend to create by this Agreement any third party rights under this Agreement, including but not limited to Patients. There are no third party beneficiaries to this Agreement.
12. Receipt of PHI. Business Associate’s receipt of Covered Entity Patient’s PHI pursuant to the transactions contemplated by the Arrangement shall be deemed to begin on the execution
date below, and Business Associate’s obligations under this Agreement shall commence with respect to such PHI upon such receipt. 13.Interpretation. The parties agree that any ambiguity
in this Agreement shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA Regulations. 14. Regulatory References. A reference in this Agreement
to a section in the Privacy and Security Rules means the section as in effect or as amended. 15. Amendment. Upon the enactment of any law or regulation affecting the use or disclosure
of Protected Health Information, the safeguarding of Electronic Protected Health Information, or the publication of any decision of a court of the United States or any state relating
to any such law or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation, either party may, by written
notice to the other party, amend the Agreement in such manner as such party determines necessary to comply with such law or regulation. If the other party disagrees with such amendment,
it shall so notify the first party in writing within thirty (30) days of the notice. If the parties are unable to agree on an amendment within thirty (30) days thereafter, then either
of the parties may terminate the Agreement on thirty (30) days written notice to the other party. 16. Survival. The respective rights and obligations of Business Associate under Sections
6(c) and 7 of this Agreement shall survive the termination of this Agreement. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Said venue shall be Palm Beach County.
Page 27 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement to be effective as of the ______ day of __________________, 2012. ATTEST: _____________________ City
Clerk City of Delray Beach By: Name: Title: Date: , 2012 Approved as to form: ____________________________ City Attorney Concentra Health Services, Inc. By: Name: Title: Date: , 2012
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared________________________ known
to me to be the person described in and who executed the foregoing instrument as ______________________ a corporation organized under the laws of the state of _____________. He acknowledges
before me that he executed the foregoing instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this _________day of 2012. ______________________________ Notary Public My Commission Expires:
Page 28 Address for Notice: Address for Notice: City of Delray Beach Concentra Health Services, Inc. 100 N. W. 1st Avenue 5080 Spectrum Drive, Suite 1200 W Tower Delray Beach, Florida
33444 Addison, Texas 75001 Attn: City Manager Attn: Legal Department COPY TO: COPY TO Humana Inc. 500 West Main Street Louisville, KY 40202 Attn: Legal Department
Page 29 Schedule V Security Standards 1. Best Practices. a. Client shall adhere to commercially reasonable best practice standards related to information security. b. Client shall secure
access to Client offices. c. Client shall provide periodic and mandatory Information Security training and awareness to its permitted employees and permitted subcontractors (collectively
“Personnel”). d. Client shall limit access to Information to the minimum necessary dataset required to accomplish the intended purpose or use. 2. Security Policy. a. Client shall develop
and maintain a comprehensive Information Security Policy (“Policy”). Said Policy shall be reviewed whenever there is a material change in practices and not less than annually. b. Client
shall have a designated employee or group of employees who shall maintain said Policy. c. Client shall monitor their Policy to ensure that the program described therein is operating
in a manner reasonably calculated to prevent unauthorized access. 3. Access Control. a. Client shall ensure that passwords are terminated upon the removal of Personnel from provision
of the Services for any reason. b. Client shall not permit access to Information via unsecured Wi-Fi IEEE802.11x wireless technology or any other unsecured wireless technology. c. Client
shall appropriately secure Information or data to prevent any physical access by unauthorized users. d. Client shall control access to Information or data in a manner which prevents
any access by unauthorized users. 4. Enterprise Vulnerability Management (“EVM”). a. Client shall adhere to commercially reasonable best practice standards for patch management criticality
ranking and patching time frame requirements for all IT systems, switches, routers, appliances, servers, and workstation PC’s. b. Client shall ensure that trusted, commercially available
anti-virus software is installed, enabled, and kept current on all Client servers and Personal Computers used in accessing, processing, transmitting, or storing, Information. c. Client
shall implement trusted commercially available, up-to-date spyware protection on all Client PC’s used for accessing, processing, transmitting, or storing Information. 5. Transmission
Security. a. Client shall encrypt all data, records and files containing Information that will be transmitted wirelessly or travel across public networks.
Page 30 b. Client shall require all transmissions of PHI to be secure and encrypted, including but not limited to: e-mail, web-mail, Blackberry e-mail and other mobile device e-mail,
FTP, chat and instant messaging, web services etc. 6. Device and Media Control. a. Client shall properly dispose of any storage media containing PHI or Information, including those found
in Multi-Function Devices, by purge (“Purge”) or destroy (“Destroy”) as those terms are defined in the National Institute of Standards and Technology (“NIST”) Special Publication 800-88,
per all standards therein. For purposes of this section, the terms “Multi-Function Devices” means an office machine which incorporates the functionality of multiple devices in one. Examples
include a combination of some or all of the following services: printing, scanning, photocopying, faxing, and/or emailing. b. Client shall implement encryption of any built-in or removable
storage media in any company controlled PC or other portable device which may access, store, transmit or process Information.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 26, 2012 SUBJECT: AGENDA ITEM 8.O.
-REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 BONUS PAYMENTS TO JCD SPORTS GROUP, INC. ITEM BEFORE COMMISSION City Commission is being requested to consider bonus payments to JCD Sports
Group for FY11-12. BACKGROUND As per our contracts with JCD Sports Group for golf and tennis operations, they could receive up to 15% of the annual base fee for meeting annual performance
measures as approved by City Commission. Performance measures are weighted by points with 100 point total and the ability to receive an additional 25 bonus points for special projects
such as hurricane clean up and other actions. Attached is the bonus payment request received from JCD Sports Group for FY11-12 with point totals they feel should be assigned for each
performance measure in the following amounts: Staff concurs with the calculations and this request except for a slight decrease in the Tennis Operations bonus. JCD Sports Group Staff
Recommendations Delray Beach Golf Club $12,687.30 $12,687.30 Lakeview Golf Club $2,632.50 $2,632.50 Tennis Operations $6,218.10 $6,154.65 FUNDING SOURCE Funding is available in account
445-4711-572-34.90 for Delray Beach Golf Club, 446-4711-572-34.90 for the Lakeview Golf Club and 001-4215-575-34.90 and 001-4210-575-34.90 for Tennis Operations. RECOMMENDATION Staff
recommends approval of bonus payments to JCD Sports Group for golf and tennis operations as recommended by staff for FY11-12.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 29, 2012 SUBJECT: AGENDA ITEM 8.P.
-REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 SPECIAL EVENT REQUEST/15TH ANNUAL FIRST NIGHT 2013 ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit
for the 15th Annual First Night event to be held on December 31, 2012 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR’s Section 2.4.6(F) for the use of City rights-of-way
and facilities as requested and to authorize staff support as requested. BACKGROUND First Night is a City sponsored non-alcoholic event featuring local artists and entertainers. The
event procession will begin in the 600 block of Atlantic Avenue and proceed to the Tennis Center. Children activities again will be focused in and around the Tennis Facilities and Old
School Square Park with the children’s finale being held in the stadium at 9:00 p.m. Button prices for this year’s event again will be $10, or $15 on the day of the event, December 31,
2012. Attached is a copy of the event permit, site plan, budget, economic calculator and other required information. Certificates of Insurance have been obtained through Risk Management
for the use of Old School Square and the Court House Parking Garage. The estimated overtime costs for this event are $31,800. This is a City sponsored event. Per our event policies and
procedures, there are no charges for City services; however, per the budget, First Night will pay the General Fund $12,000 toward City overtime. Barricade rental of $2,000 will be paid
from the First Night budget, as well as portable lighting $4,400 and portalets $750. All other event costs are covered by button sales, sponsorships, parking fees and concession income.
Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set up and removal, lighting set up, banner hanging, signage construction and installation
and EMS services. RECOMMENDATION Staff recommends approval of the event permit, the temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way and facilities as per
the site plan and approve staff support as requested.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 26, 2012 SUBJECT: AGENDA ITEM 8.Q.
-REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 SPECIAL EVENT REQUEST/16TH ANNUAL DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to approve a Special
Event Permit for the 16th Annual Delray Beach Craft Festival proposed to be held on February 2 & 3, 2013, from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section
2.4.6(F) for the use of E 4th Avenue, from NE 1st Street to SE 1st Street, as well as use of the Hand’s parking lot for vendor parking, and to authorize staff support for security, traffic
control and fire inspection services and to permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event per City Code. BACKGROUND Attached
is the Special Event permit application received from Howard Alan Events, Ltd. for this event. Also included are the site plan, event budget and economic calculator. The City is requested
to provide police security and traffic control for this event, as well as fire inspection services. The event sponsor is responsible for vendor management and set up, site cleanup, barricading,
portalets, dumpsters and event signage. Estimated overtime costs for the event are $5,715 and a 5% administrative fee of $285 for a total of $6,000. Per event policies and procedures,
the event sponsor is responsible for payment of 100% of all City costs and a 5% administrative fee. The event producer has submitted a copy of their Liability Insurance and Hold Harmless
Agreement. RECOMMENDATION Staff recommends approval of the Special Event permit, approval of the temporary use permit for the street closure, parking lot use, and approval of staff support
for police security and traffic control, as well as Fire Inspection Services with the sponsor paying all City costs plus a 5% administrative fee.
7
executed the forego ing instrument as ______________________ a corporation organized
under the l aws of the state of _____________. He acknowledges before me that he executed
the foregoing instrument as such officer in the name and on behalf of the corporation and that
he also affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCR IBED before me this _________day of 2012.
______________________________
Notary Public
My Commission Expires:
8
Schedule 1 – Scope of Services
I. Staffing
Concentra agrees to provide the appropriate staffing members to oper ate the City of Delray Beach’s Employee
Health Center. The level of staffing may change upon agreement of both parties to comply with business need,
but will initially begin as the following model:
Position Full Time Equivalent Hours Per Week
Physician 0.525 21
Physician Assistant 0.875 35
Registered Nurse 1.0 40
Radiology Technician 1.0 40
Concentra will provide City of Delray Beach the opportunity to meet the finalist clinician and medical support
staff candidates prior to final hire. All staff me mbers will begin working on -site 2 weeks prior to opening of the
medical center to allow for training.
Throughout the year, Concentra may utilize additional staff members to support business need (biometric
screens, flu shots, blood draws), upon approval from the City of Delray. The cost for these additional staff
members will be calculated in accordance with Schedule II of this contract.
II. Eligible Users of the Center
Current employees and their dependents, including children over 2 years of age, wh o are covered on City of
Delray Beach’s benefit plan, are eligible to use the Employee Health Center.
Retirees and their dependents, who are covered on City of Delray Beach’s benefit plan, are eligible to use the
Employee Health Center.
Persons present ing for care that are not affiliated with City of Delray Beach will not be eligible to use the
Employee Health Center
III. Costs to Patients for Services Rendered at the Center
Current employees, retirees, and their dependents, including children over the ag e of 2, who are covered on City
of Delray Beach’s benefit plan are eligible to access the Employee Health Center for urgent care, primary care,
and preventive care services with no out of pocket cost.
IV. Operating Hours and Utilization
The initial operat ing schedule for the City of Delray’s Employee Health Center will be:
Monday
Lab Only 8AM – 9AM
Full Services 9AM – 6PM closed 1PM – 2PM
9
Tuesday
Lab Only 8AM – 10AM
Full Services 10AM -7PM closed 1PM – 2PM
Wednesday
Full Services 8AM – 5PM closed 1PM – 2PM
Lab Only 5PM – 7PM
Thursday
Full Services 11AM – 5PM closed 1PM – 2PM
Police/Fire Physicals 5PM – 8PM
Friday
Full Services 8AM – 12PM
Concentra will follow the following schedule for each staff member:
Physician
Mon 9 -6 1 hr. lunch
Tues 10 -7 1 hr. lunch
Wed Off
Thurs 11 -5 1 hr. lunch
Fri Off
21 hours
Physician Assistant
Mon 8 -5 1 hr. lunch
Tues 8 -5 1 hr. lunch
Weds 8 -5 1 hr. lunch
Thurs 1 -8 no lunch 5p - 8p - Not P ublished hours. Performing Fire and Police exams at this time by
agreement
F ri 8 -12 no lunch
35 hours
Registered Nurse
Mon 8 -6 1 hr. lunch
Tues 8 -7 1 hr. lunch
Weds 8 -5 1 hr. lunch
Thurs 11 -5 no lunch
Fri` 8 -12 no lunch
37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15 -30 minutes late eac h
day to open and close the center for a total of 40 hours.
Radiology Technician
Mon 8 -6 1 hr. lunch
Tues 8 -5 1 hr. lunch
Weds 8 -5 1 hr. lunch
Thurs 11 -8 1 hr. lunch 5p - 8p - Not Published hours. Performing Fire and Police exams at this time by
agreemen t
Fri 8 -12 no lunch
37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15 -30 minutes late each
day to open and close the center for a total of 40 hours.
10
Clinic utilization shall be monitored monthly by both Concentra and City of Delray Beach to determine the
necessary staffing and operating hours. Hours of operations may be modified periodically based on patient needs
with mutual approval by Concentra and City of Delray Beach.
This staffing model will support clinic al services for an average daily census of 18 - 20 patient encounters per
clinician per 8 -hour clinic day. If exceeded, additional clinical or medical support staff will be recommended to
support patient demand, medical acuity or complexity. If declines r ecommendation, this may negatively impact
patient satisfaction and clinic wait times and would remove any performance guarantee associated with these
items.
V. Scope of Clinical Services
Concentra will provide the following services at the City of Del ray Beach Employee Wellness Center.
Urgent Care
o Urgent Care -Episodic Treatment includes (but is not limited to)
Allergies (ages 6+)
Bladder infection
Bronchitis
Ear infections
Minor eye irritations
Sinus infections
Colds and influenza
Sore throat
Swimmer ’s ear
Diarrhea
Sprains
Splinter removal
Minor burns and rashes
Minor skin infections
Swimmers itch
Primary Care
o Primary Care Treatment, in addition to above conditions, includes but is not limited to
Clinical preventive services
Common immunizations for adults only
Flu shots
Health education and training
Asthma
Diabetes
High cholesterol
High blood pressure
Weight management
Emphysema
Laboratory testing as ordered by Concentra’s clinicians
Biometric Screenings & HRA
Referrals to employee assistance prog ram
Referrals to behavioral health program
Allergy and disease modifying agent injections
Annual personal physical examinations
11
Regulatory compliance examinations
Drug/alcohol testing - pre -employment, post -accident and reasonable suspicion, DOT
Cotini ne testing
X -ray services
Police and Firefighter physical examinations
Other items as mutually approved in writing by Concentra and the City of Delray Beach.
Concentra’s on -site clinician will have the final determination on the appropriateness of any c are provided to
patients. This clinician may provide less or more than the items mentioned above if deemed appropriate for
patient care in an emergency situation.
VI. Worksite Dispensing of Pharmaceuticals
Concentra will dispense prepackaged prescription medications included in a formulary mutually agreed upon by
Concentra and City of Delray Beach and will charge for these items as described in Schedule II of this
agreement.
Concentra will dispense prepackaged, over -the -counter medications and will charge for these items as described
in Schedule II of this agreement.
For medications not available on -site, Concentra will prescribe per the formulary guidelines of City of Delray
Beach’s PBM partner.
VII. Technology & Reporting
Health information will be collec ted and stored in a secure and professional manner. Concentra will use an
electronic medical record system to document and manage health data and support electronic prescribing.
Appointment scheduling will be managed by the worksite medical support staff from the main clinic phone
number; online scheduling may also be utilized for self -scheduled appointments.
Quarterly stewardship reports will be delivered within 30 days of the calendar quarter, unless pre -approved by
City of Delray Beach.
Concentra wil l create an electronic data interface with Gallagher Benefits for purposes of transmitting patient
treatment data in accordance with the terms outlined in a mutually executed Business Associate Agreement.
VIII. Communications / Promotion
Promotion/Marketing of services to enhance employee engagement will be coordinated with City of Delray
Beach’s Human Resource representatives and other vendor partners as appropriate.
Concentra will provide Concentra’s internally prepared templates for marketing / communica tions at no
additional cost beyond the fees described in Schedule II.
The City of Delray Beach will be responsible for printing and distribution of any marketing materials.
IX. Supplies & Equipment
12
Supply inventory will be managed by Concentra; City of Del ray Beach will be invoiced monthly for costs.
Routine maintenance will be monitored by Concentra operations; City of Delray Beach will be responsible for
any costs associated with these items, as outlined in Schedule II of this agreement.
X. Quality Assur ance / Audits
Concentra will assure quality management, auditing, and physician oversight to this worksite practice.
Each mid -level clinician will have 10 random chart audits per month by the collaborating physician.
Deficiencies will be documented an d noted in the quarterly stewardship report.
Concentra will conduct periodic quality assurance audits and will provide the results of these audits during
regularly scheduled stewardship meetings.
Concentra will conduct patient satisfaction surveys and will provide the results of these surveys during regularly
scheduled stewardship meetings.
Concentra will manage all licensing and quality assurance requirements for the on -site radiology equipment.
XI. Client Responsibilities
The following items will be pr ovided by City of Delray Beach during implementation and ongoing to support the
worksite medical practice:
Identify key contacts at beginning of implementation process
Provide site access for Concentra implementation team during the implementation process
Construction / build out of medical center
Provide utilities for medical center
Provide internet connectivity and phone line for medical center
Provide technology hardware 30 days prior to clinic opening (if client is providing hardware per
contract)
Cont ract execution prior to first day of clinic operation (Concentra will not be able to provide
patient care without an executed agreement)
Participation in weekly team calls/meetings with Concentra implementation leadership
Support to mutually develop engage ment plan strategy and outreach to employees/dependents
Final screening of proposed on -site staff members to approve of cultural fit within organization
13
Schedule II – Compensation for Worksite Services
1. Staffing and Labor:
Concentra will bill the Cit y of Delray Beach on a monthly basis for the costs associated with staffing and labor.
This “Monthly Labor Fee” will be determined to be the cost of all staff wages during the calendar period, plus a
74.7% markup. Included in this cost are the following i tems for all regularly staffed positions:
Staff salaries, wages, employee benefits, recruiting, credentialing, continuing education and
training
Coverage for time off (vacation, personal, sick leave)
Account management
Medical direction and oversight
Professional licenses and fees
Membership in professional organizations
General and administrative fees
Management fees
As described above, this markup includes the cost for backfill for regularly staffed positions, but does not include
additional staff members who are utilized on a temporary basis for a specific business need (biometric
screenings, flu shots, etc.). The charge for these additional temporary staff members will be consistent with the
cost -plus model described above (salary + 74.7% markup).
2. Start -Up One Time Implementation Costs:
Implementation Staffing Costs - Concentra will begin staffing 2 weeks (determined by facility availability and
the City of Delray Beach) prior to clinic opening. Concentra will bill staff costs during thi s time period consistent
with the fee schedule above.
Initial Equipment TBD based upon existing inventory
(Incurred charges will be passed through with a 10% procurement administration fee)
Initial Supplies TBD based upon existing inventory
(I ncurred charges will be passed through with a 10% procurement administration fee)
Pharmacy Inventory Pass through acquisition cost
Implementation/Travel/Training/Meetings $15,000
WebChart IT/Software $20,000
3. On -going Fees:
Annual EMR/H ER subscription/maintenance fees and IT support Fee $16,000
Medical supplies, office supplies, promotion and communication materials, laundry, waste disposal:
Concentra will pass through the cost for these items in the month in which they were
incurred with a 10% procurement administration fee.
Laboratory Fees:
14
Concentra will collect laboratory samples and send to the City of Delray’s preferred
laboratory for processing. The cost for this processing will be coordinated between
the lab and the City of Delray’s third party administrator.
Pharmacy Fees: Concentra will pass through St. Mary’s charges for medication acquisition.
4. Optional Programs:
Staffing for Biometric Events (as needed) TBD at time of screening
Health Risk Assessments
Paper -based HRA
$15.00 per participant
Printing/mailing included
Online HRA
$10.00 per participant
$7.50 per participant for printing/mailing (if desired)
Cholestech Analysis for Biometric Screen $15.00
Includes cholesterol and blood sugar results
Cotinine Analy sis for Biometric Screen Sent to the City’s preferred laboratory
Other Terms and Conditions :
Upon each anniversary of this agreement, Staffing and Labor Fees as well as On -going Fees will increase as
described in the Master Services Agreement.
Pro vider(s) hours will be scheduled and mutually agreed by both parties.
Holiday coverage not included in pricing, Concentra observes the following holidays: New Year’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Than ksgiving, Christmas Day
and Floating Holiday. To the extent that there is a conflict between the holiday schedule of Concentra and
Client, the holiday schedule of Client shall govern this Agreement.
Mutually pre -approved travel and mileage (at the IRS ra te) expenses incurred in the performance of required
services will be billed back at actual cost without additional markup or management fee.
Costs for additional items purchased through Concentra’s vendor relationships necessary to support the operatio n
of the on -site medical programs, including but not limited to medical supplies, office supplies, medical
equipment, vaccinations, laboratory testing, and equipment maintenance, will be passed through at 10%
procurement administration fee. Client will hav e the opportunity to review and approve these items prior to
purchase or order. Nothing in this Agreement requires Client to purchase items through Concentra's vendor
relationships. However, Concentra will only provide detail reporting and analysis on the purchases made
through Concentra’s vendor relationships. The Client agrees to provide purchasing data to Concentra as
necessary and in a mutually agreed format for purchases made outside of Concentra’s vendor relationships for
inclusion in Concentra’s st ewardship reports.
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Schedule III
Insurance
Concentra shall maintain, throughout the term of this Agreement, at its sole expense, professional liability
insurance coverage, or adequate self -insurance , with limits of not less than one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) annual aggregate. Where applicable, limits shall be in
accordance with the Patient Compensation Fund Guidelines.
Commercial General Liability Coverage:
$1,000,000 per occurrence
$3,000,000 general aggregate
Concentra will extend Additional Insured status to clients as it relates to services we are providing to them per
written agreement.
Automobile Liability Coverage:
$3 ,000,000 combined single limit
Concentra will extend Additional Insur ed status to clients as it relates to services we are providing to them per
written agreement.
Workers’ Compensation Coverage:
Each State mandates Statutory Limits and then Employers’ Liability Coverage is $2,000,000 each accident;
$2,000,000 disease -poli cy limit and $2,000,000 disease - each employee
Additional Insured :
The City of Delray Beach shall be included as an additional insured on the contractor’s liability insurance
policies required under this Contract. Notwithstanding any laws to the contra ry, the City of Delray Beach shall
be named as an additional insured but only to the extent of monetary limits as set forth by Florida Statute 768.28
and the Florida Constitution. Nothing contained herein shall be deemed a waiver of the City’s Sovereign
I mmunity.
Evidence of Insurance :
Prior to the commencement by Concentra of any work under this Contract, the City must receive and approve
Certificates of Insurance evidencing the insurance coverages and requirements as required by this Contract.
C ertified copies of the policies will be provided if requested by the City. Renewal Certificates shall be provided
to the City at least ten (10) days prior to the expiration of any policy.
If at any time Concentra fails to maintain, or provide evidence of insurance coverage required by this Contract,
all work may be halted by the City. The City, at its option, may procure and maintain such required insurance
and demand from Contractor reimbursement of premiums paid, including reasonable interest until the
reimbursement is recovered from the Contractor by the City.
Cancellation/Changes/Renewal :
At least thirty (30) days written notice must be given to the City of any cancellation, intent to non -renew, or
material reduction or change in insurance coverage.
16
Schedule IV
HIPAA BUSINESS ASSOCIATE AGREEMENT
THIS AGREEMENT is entered into by and between City of Delray Beach on behalf of its affiliates that
underwrite or administer health plans (hereinafter “Covered Entity ”) and Concentra Health Services, I nc.
(hereinafter "Business Associate ").
WITNESSETH
WHEREAS , Covered Entity and Business Associate have entered into a n Agreement for Services at a
Worksite Medical Facility (hereinafter the Arrangement ) pursuant to which Business Associate agrees to
prov ide healthcare services; and
WHEREAS , Covered Entity and Business Associate desire to enter into a HIPAA Business Associate
Agreement (hereinafter the Agreement ) as follows:
Scope of Agreement
A. In conformity with the regulations at 45 C.F.R. Parts 160 -164 (the “Privacy and Security Rules”), Covered
Entity will provide Business Associate with access to, or have Business Associate create, maintain, transmit
and/or receive certain Protected Health Information (“PHI” as defined below), thus necessitating a written
agreement that meets the applicable requirements of the Privacy and Security Rules under the Health Insurance
Portability and Accountability Act of 1996, Public Law 104 -191 (“HIPAA”).
B. Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI
disclosed to Business Associate pursuant to this Agreement in compliance with HIPAA and the regulations
promulgated thereunder by the U.S. Department of Health and Human Services, including, but not limited to,
Title 45, Section 164.504(e) of the Code of Federal Regulations (“CFR”), as the same may be amended from
time to time and other applicable state and federal laws, rules and regulations regarding privacy and security of
personal information.
C. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly
evolving and that further amendment of this Agreement may be required to provide for procedures to ensure
compliance with such developments. The parties specifically agree to take such action as is necessary to
implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws
relating to the security or confidentiality of PHI.
D. In the event of any conflict between this A greement and the Arrangement as to the subject matter
referenced herein, this Agreement shall control.
In consideration of the mutual promises below and the exchange of Information pursuant to this Agreement,
the parties agree as follows:
1. Definitions . The following terms shall have the meaning set forth below:
(a)ARRA . “ARRA” means the American Recovery and Reinvestment Act of 2009
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(b) C. F. R . “C.F. R.” means the Code of Federal Regulations.
(c) Designated Record Set . “Designated Record Set” has the meaning assigned to such term in 45 C. F. R.
160.501.
(d) Discovery . “Discovery” shall mean the first day on which a Security Breach is known to Business
Associate (including any person, other than the individual committing the breach, that is an em ployee,
officer, or other agent of Business Associate), or should reasonably have been known to Business
Associate, to have occurred.
(e) Electronic Health Record . “Electronic Health Record” means an electronic record of health -related
information on an individual that is created, gathered, managed and consulted by authorized health care
clinicians and staff.
(f) Electronic Protected Health Information . “Electronic Protected Health Information” means
information that comes within paragraphs 1 (i) or 1 (ii) of the definition of “Protected Health
Information”, as defined in 45 C. F. R. 160.103.
(g) Individual . “Individual” shall have the same meaning as the term “individual” in 45 C. F. R. 164.501
and shall include a person who qualifies as personal repr esentative in accordance with 45 C. F. R.
164.502 (g).
(h) Protected Health Information . “Protected Health Information” shall have the same meaning as the
term “Protected Health Information”, as defined by 45 C. F. R. 160.103, limited to the information
created or received by Business Associate from or on behalf of Covered Entity .
(i) Required by Law . “Required by Law” shall have the same meaning as the term “required by law” in 45
C. F. R. 164.501.
(j) Secretary . “Secretary” shall mean the Secretary o f the Department of Health and Human Services or his
designee.
(k) Security Breach . “Security Breach” means the unauthorized acquisition, access, use or disclosure of
Protected Health Information which compromises the security or privacy of such informati on, except
where an unauthorized person to whom such information is disclosed would not reasonably have been
able to retain such information. Security Breach does not include:
(i) any unintentional acquisition, access, or use of Protected Health Informa tion by an employee or
individual acting under the authority of Business Associate if:
(a) such acquisition, access or use was made in good faith and within the course and scope of
the employment or other professional relationship of such employee or indiv idual, respectively,
with Business Associate; and
(b) such information is not further acquired, accessed, used or disclosed by any person; or
(ii) any inadvertent disclosure from an individual who is otherwise authorized to access Protected
Health Informa tion at a facility operated by Business Associate to another similarly situated
individual at the same facility; and
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(iii) any such information received as a result of such disclosure is not further acquired, accessed,
used or disclosed without authorizat ion by any person.
(l) Security Breach Compliance Date . “Security Breach Compliance Date” means the date that is thirty
(30) days after the Secretary publishes interim final regulations to carry out the provisions of Section
13402 of Subtitle D (Privacy) of ARRA..
(m) Security Incident . “Security Incident” shall have the same meaning as the term “security incident” in 45
C. F. R. 164.304.
(n) Segregation of duties . “Segregation of duties” is a method for reducing the risk of accidental or
deliberate system misuse. Care should be taken that no single person can access, modify or use assets
without authorization or detection. The initiation of an event should be separated from its
authorization. The possibility of collusion should be considered in desig ning the controls.
(o) Standard Transactions . “Standard Transactions” means the electronic health care transactions for which
HIPAA standards have been established, as set forth in 45 C. F. R., Parts 160 -162.
(p) Unsecured Protected Health Information . “Unsecured Protected Health Information” means
Protected Health Information that is not secured through the use of a technology or methodology
specified by guidance issued by the Secretary from time to time.
2. Obligation of Business Associate .
(a) Perm itted Uses and Disclosures . Business Associate may create, use and/or disclose Covered Entity
Patient ’s PHI pursuant to the Arrangement or this Agreement in accordance with the specifications set
forth below provided that such use or disclosure would not v iolate the Privacy and Security Rules if
done by Covered Entity or the minimum necessary policies and procedures of Covered Entity .
Eligibility, claims information and diagnosis code(s) for the sole purpose of technology
implementation
Eligibility, diagnosis code(s) and claims information for the sole purpose application development
Eligibility, diagnosis code(s) and claims information for the sole purpose of application design and
testing
Eligibility, diagnosis codes, and claims information for the sole purpose of consulting and project
management
Eligibility, diagnosis codes, and claims information for the sole purpose of providing
telecommunication services.
Eligibility and claims information for the sole purpose of claims processing and payment, billing
and reimbursement decisions.
Eligibility and diagnosis code(s) for the sole purpose of inpatient care coordination.
Eligibility, claims information and diagnosis code(s) for the sole purpose of outpatient care
coordination.
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Medical records for the sole purpose of auditing activities related to credentialing and
recredentialing.
Eligibility and claims information for the sole purpose of utilization review and utilization
management.
Eligibility and claims information for the sole purpose of medical necessity reviews.
Eligibility infor mation for the sole purpose of referral approval decisions.
Eligibility and claims information for the sole purpose of assisting in patient specific quality
improvement activities.
Eligibility, claims information and u tilization review and management information for the sole
purposes of providing temporary staffing services
E ligibility, claims information and utilization review and management information for the sole
purpose of providing, repairing an d maintaining equipment and supplies.
E ligibility, claims information and utilization review and management information for the sole
purpose of providing services in the form of creating forms and the printing of documents.
Eligibility information for the sole purpose of providing a health information line.
Patient health information for the sole purpose of associate training.
Claims data for the purpose of data referencing and arch iving.
Eligibility, claims information, and medical record for the sole purpose of claims processing and
payment, billing and reimbursement decisions.
Eligibility, diagnosis code(s), claims information, patient case ma nagement file and medical record
for the sole purpose of inpatient care coordination.
Eligibility, claims information, diagnosis code(s), patient case management file and medical record
for the sole purpose of outpatient care coordinatio n.
Eligibility, claims information, diagnosis code(s), medical record, patient specific adverse
determination and case management files and referral data for the sole purpose of utilization review
and utilization management.
Eligibility, claims information, diagnosis codes, medical record, and patient specific adverse
determination (denial file) and case management files for the sole purpose of medical necessity
reviews.
Eligibility and medical record for the sole purpose of referral denial decisions.
Eligibility, claims information, medical record, referral data, utilization management data and case
management files for the sole purpose of assisting in patient specific quality impro vement activities.
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Medical records, referral data and utilization management data for the sole purpose of auditing
activities related to credentialing and recredentialing.
(b) Specific Use and Disclosure Provisions
(1) Except as otherw ise prohibited by this Agreement, Business Associate may use Protected Health
Information for the proper management and administration of the Business Associate or to
carry out the legal responsibilities of the Business Associate.
(2) Except as otherwise prohibited by this Agreement, Business Associate may disclose Protected
Health Information for the proper management and administration of the Business Associate,
provided that disclosures are Required By Law, or Business Associate obtains reasonable
assu rances from the person to whom the information is disclosed that it will remain
confidential and used or further disclosed only as Required By Law or for the purpose for
which it was disclosed to the person, and the person notifies the Business Associate o f any
instances of which it is aware in which the confidentiality of the information has been breached
in accordance with the Security Breach and Security Incident notifications requirements of this
Agreement.
(3) Business Associate shall not directly or indirectly receive remuneration in exchange for any
Protected Health Information of an individual without Covered Entity ’s prior written approval
and notice from Covered Entity that it has obtained from the individual, in accordance with 45
C.F.R. 164.508, a valid authorization that includes a specification of whether the Protected
Health Information can be further exchanged for remuneration by Business Associate. The
foregoing shall not apply to Covered Entity ’s payments to Business Associate for services
delivered by Business Associate to Covered Entity .
(4) Except as otherwise prohibited by this Agreement, Business Associate may use Protected
Health Information to provide data aggregation services to Covered Entity as permitted by 42
C.F.R. 164.504(e)(2)(i)(B).
(5) Business Associate may use Protected Health Information to report violation of law to
appropriate Federal and State authorities, consistent with 164.502 (j)(1).
(c) Data Aggregation Services. For purposes of this Section, "Data Aggregati on" means, with respect to
Covered Entity 's PHI, the combining of such PHI by Business Associate with the PHI received by
Business Associate in its capacity as a Business Associate of another covered entity , as that term is
defined under HIPAA to permit da ta analyses that relate to the health care operations of the respective
Covered Entities. If applicable, Business Associate shall provide the following Data Aggregation
services relating to the health care operations of Covered Entity , as such Business As sociate shall
comply with restrictions on the use and disclosure of PHI. Covered Entity shall notify Business
Associate of such restrictions upon the effective date of this Agreement.
Outcomes data aggregation
Profiling of utilization patterns, outcomes and prescribing patterns of providers
Geographic profiling of patterns of care rendered to Covered Entity Patient s
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(d) Nondisclosure. Business Associate agrees to not use or disclose Protected Health Information other
than as permitted or required by thi s Agreement or as Required By Law. Business Associate shall also
comply with any further limitations on uses and disclosures agreed to by Covered Entity in accordance
with 45 C.F.R. 164.522 provided that such agreed upon limitations have been communicated to
Business Associate according with Section 3(d) of this Agreement.
(e) Safeguards . Business Associate shall use appropriate safeguards to prevent use or disclosure of PHI
other than as specifically provided for by the Arrangement or this Agreement. Su ch safeguards shall at
a minimum include: (i) a comprehensive written information privacy and security policy; and (ii) a
program that includes administrative, technical and physical safeguards appropriate to the size and
complexity of the Business Associa te’s operations and the nature and scope of his/her/its activities;
and (iii) periodic and mandatory privacy and security training and awareness to its employees and
subcontractors; and (iv) appropriate confidentiality agreements with all employees, subcon tractors,
independent contractors and any entity to which Business Associate has delegated or sub -delegated
his/her/its rights, duties, activities and/or obligations under the Arrangement or this Agreement which
contain terms and conditions that are the sa me or similar to those contained in this Agreement; and (v)
d uties and areas of responsibility should be segregated to reduce opportunities for unauthorized or
unintentional modification or misuse of Covered Entity or Business Associates assets.
(f) Repor ting of Disclosures and Mitigation. Business Associate shall provide immediate written notice to
Covered Entity of any use or disclosure of PHI other than as specifically provided for by the
Arrangement or this Agreement. Such notice shall be provided in the manner set out in this
Agreement. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
(g) Contractors . It is understood and agreed that Business Associate shall maintain written confidentiality
agreements with contractors, including without limitation subcontractors and independent contractors,
as necessa ry to perform the services required under the Arrangement, in a form consistent with, the
terms and conditions established in this Agreement. Sample copies of the standard confidentiality
agreements between Business Associate and contractors will be made available upon request. Business
Associate agrees and shall require contractors to agree that in the event of any conflict between such
Confidentiality Agreements and this Agreement, the language in this Agreement shall control. Business
Associate agrees to notify Covered Entity of any material change(s) to the aforementioned agreements
at least thirty (30) days prior to implementing such change(s). Business Associate shall ensure that any
agents, including subcontractors, to whom it provides Covered Ent ity Patient ’s PHI received from,
created by, or received by Business Associate on behalf of Covered Entity, agrees to the same
restrictions and conditions that apply to Business Associate with respect to such PHI . In no event shall
Business Associate, with out Covered Entity ’s prior written approval, provide Protected Health
Information received from, or created or received by Business Associate on behalf of Covered Entity ,
to any employee or agent, including a subcontractor, if such employee, agent or subco ntractor receives,
processes or otherwise has access to the Protected Health Information outside of the United States.
(h) Availability of Information . Business Associate agrees to provide access, at the request of Covered
Entity , and in the time and ma nner designated by Covered Entity , to Protected Health Information in a
Designated Record Set, to Covered Entity or, as directed by Covered Entity , to an Individual in order
to meet the requirements under 45 C.F.R. 164.524. Covered Entity ’s determination o f what constitutes
“Protected Health Information” or a “Designated Record Set” shall be final and conclusive. If Business
Associate provides copies or summaries of Protected Health Information to an Individual it may
impose a reasonable, cost -based fee in accordance with 45 C.F.R. 164.524 (c)(4).
22
(i) Amendment of PHI . Business Associate shall make PHI available to Covered Entity as reasonably
required to fulfill Covered Entity 's obligations to amend such PHI pursuant to HIPAA and the HIPAA
Regulations, inc luding, but not limited to, 45 CFR Section 164.526 and Business Associate shall, as
directed by Covered Entity , incorporate any amendments to PHI into copies of such PHI maintained
by Business Associate.
(j) Internal Practices . Business Associate agrees to make (i) internal practices, books, and records,
including policies and procedures, relating to the use and disclosure of Protected Health Information
received from, or created or received by Business Associate on behalf of, Covered Entity , and (ii)
pol icies, procedures, and documentation relating to the safeguarding of Electronic Protected Health
Information available to Covered Entity , or at the request of the Covered Entity to the Secretary, in a
time and manner designated by Covered Entity or the Sec retary, for purposes of the Secretary
determining Covered Entity ’s compliance with the Privacy and Security Rules.
(k) Notification of Breach . Beginning on the later of the Effective Date of this Agreement, Business
Associate agrees to report to Covered E ntity any potential Security Breach of Unsecured Protected
Health Information without unreasonable delay and in no case later than five (5) calendar days after
Discovery of a Security Breach. Such notice shall include:(i) the identification of each individ ual whose
Unsecured Protected Health Information has been, or is reasonably believed by Business Associate, to
have been, accessed, acquired, or disclosed; and (ii)a brief description of the event; and (iii) the date of
the potential Security Breach; and (iv) the date of discovery; and (v) the type of Protected Health
Information involved; and (vi) any preliminary steps taken to mitigate the damage; and (vii) a
description of any investigatory steps taken. In addition, Business Associate shall provide any
additional information reasonably requested by Covered Entity for purposes of investigating the
Security Breach. Business Associate’s notification of a Security Breach under this section shall comply
in all respects with each applicable provision of Sectio n 13400 of Subtitle D (Privacy) of ARRA and
related guidance issued by the Secretary from time to time.
Breach notifications must be reported to Covered Entity by one of the following methods:
By Mail: Patricia Lewandowski, Privacy Officer of the City of Delray Beach
100 NW 1 st Ave
Delray Beach, Florida 33444
By Phone: (561) 243 -7154
By email: lewandowsk@mydelraybeach.com
(l) In addition to the foregoing, Business Associate agrees that in the event of a security incident, Covered
Entity shal l have the sole right to determine : (i) whether notice is to be provided to any individuals,
regulators, law enforcement agencies, consumer reporting agencies, media outlets and/or HHS, or
others as required by law or regulation, or in Covered Entity ’s dis cretion; and (ii) the contents of such
notice, whether any type of remediation may be offered to affected persons, and the nature and extent
of any such remediation. Any such notice or remediation shall be at Business Associate’s sole cost and
expense.
(m) Business Associate agrees to document such disclosures of Protected Health Information as would be
required for Covered Entity to respond to a request by an Individual for an accounting of disclosures
of Protected Health Information in accordance with 4 5 C.F.R. 164.528.
23
(n) Business Associate agrees to provide to Covered Entity , in the time and manner designated by Covered
Entity , the information collected in accordance with Section 2(k ) of this Agreement, to permit Covered
Entity to respond to a requ est by an Individual for an accounting of disclosures of Protected Health
Information in accordance with 45 C.F.R. 164.528. In addition, with respect to information contained
in an Electronic Health Record, Business Associate shall document, and maintain s uch documentation
for three (3) years from date of disclosure, such disclosures as would be required for Covered Entity to
respond to a request by an Individual for an accounting of disclosures of information contained in an
Electronic Health Record, as re quired by Section 13405(c) of Subtitle D (Privacy) of ARRA and related
regulations issued by the Secretary from time to time.
(o) Business Associate acknowledges that it shall request from Covered Entity and so disclose to its
affiliates, agents and subc ontractors or other third parties : (i) the information contained in a “limited
data set,” as such term is defined at 45 C.F.R. 164.514(e)(2 ); or, (ii) if needed by Business Associate, to
the minimum necessary to accomplish the intended purpose of such requ ests or disclosures. In all
cases, Business Associate shall request and disclose Protected Health Information only in a manner that
is consistent with guidance issued by the Secretary from time to time
(p) With respect to Electronic Protected Health Inf ormation, Business Associate shall implement and
comply with (and ensure that its subcontractors implement and comply with) the administrative
safeguards set forth at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the
technical safe guards set forth at 45 C.F.R. 164.312, and the policies and procedures set forth at 45
C.F.R. 164.316 to reasonably and appropriately protect the confidentiality, integrity, and availability of
the Electronic Protected Health Information that it creates, r eceives, maintains, or transmits on behalf
of Covered Entity . Business Associate acknowledges that on the Effective Date of this Agreement : (i)
the foregoing safeguard, policies and procedures requirements shall apply to Business Associate in the
same mann er that such requirements apply to Covered Entity ; and (ii) Business Associate shall be liable
under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d -5 and 1320d -6, as
amended from time to time, for failure to comply with the safe guard, policies and procedures
requirements and any guidance issued by the Secretary from time to time with respect to such
requirements.
(q) With respect to Electronic Protected Health Information, Business Associate shall ensure that any
agent, includi ng a subcontractor, to whom it provides Electronic Protected Health Information, agrees
to implement reasonable and appropriate safeguards to protect it.
(r) Business Associate shall report to Covered Entity any Security Incident of which it becomes awar e.
For purposes of reporting to Covered Entity , any attempted unsuccessful Security Incident means any
attempted unauthorized access that prompts Business Associate to investigate the attempt or review or
change its current security measures.
(s) If Bus iness Associate conducts any Standard Transactions on behalf of Covered Entity , Business
Associate shall comply with the applicable requirements of 45 C.F.R. Parts 160 -162.
(t) During the term of this Agreement, Business Associate may be asked to complete a security survey
and/or attestation document designed to assist Covered Entity in understanding and documenting
Business Associate’s security procedures and compliance with the requirements contained herein.
Business Associate’s failure to complete eith er of these documents within the reasonable timeframe
specified by Covered Entity shall constitute a material breach of this Agreement.
24
(u) Business Associate acknowledges that on the Effective Date of this Agreement, it shall be liable under
the civil an d criminal enforcement provisions set forth at 42 U.S.C. 1320d -5 and 1320d -6, as amended
from time to time, for failure to comply with any of the use and disclosure requirements of this
Agreement and any guidance issued by the Secretary from time to time w ith respect to such use and
disclosure requirements.
3. Obligations of Covered Entity .
(a) Covered Entity will use appropriate safeguards to maintain the confidentiality, privac y and security of
Protected Health Information in transmitting same to Busine ss Associate pursuant to the Arrangement
and this Agreement.
(b) Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity ’s notice of privacy
practices that Covered Entity produces in accordance with 45 C.F.R. 164.520 (as wel l as any changes to
that notice), to the extent that such limitation(s) may affect Business Associate’s use or disclosure of
Protected Health Information.
(c) Covered Entity shall provide Business Associate with any changes in, or revocation of, permissio n by
Individual to use or disclose Protected Health Information, to the extent that such changes affect
Business Associate’s use or disclosure of Protected Health Information.
(d) Covered Entity shall notify Business Associate of any restriction to the us e or disclosure of Protected
Health Information that Covered Entity has agreed to in accordance with 45 C.F.R. 164.522, to the
extent that such restriction may affect Business Associate’s use or disclosure of Protected Health
Information.
4. Audits, Insp ection and Enforcement . From time to time upon reasonable advance notice, or upon a
reasonable determination by Covered Entity that Business Associate has potentially or actually breached this
Agreement, Covered Entity may inspect the facilities, systems, books, procedures and records of Business
Associate to monitor compliance with this Agreement. Business Associate shall promptly remedy any violation
of any term of this Agreement and shall certify the same to Covered Entity in writing.
To the extent th at Covered Entity determines that such examination is necessary to comply with Covered
Entity 's legal obligations pursuant to HIPAA relating to certification of its security practices, Covered Entity or
its authorized agents or contractors, may, at Covered Entity 's expense, examine Business Associate’s facilities,
systems, procedures and records as may be necessary for such agents or contractors to certify to Covered
Entity the extent to which Business Associate’s administrative, physical and technical safe guards comply with
HIPAA, the HIPAA Regulations or this Agreement.
5. Waiver. Waiver , whether expressed or implied, of any breach of any provision of this Agreement shall not
be deemed to be a waiver of any other provision or a waiver of any subsequent o r continuing breach of the
same provision. In addition, waiver of one of the remedies available to either party in the event of a default or
breach of this Agreement by the other party, shall not at any time be deemed a waiver of a party’s right to elect
such remedy(ies) at any subsequent time if a condition of default continues or recurs.
6. Termination.
(a) Term . The provisions of this Agreement shall take effect on the Agreement’s Effective Date and shall
terminate when all of the Protected Health Inf ormation provided by Covered Entity to Business
25
Associate, or created, maintained, transmitted or received by Business Associate on behalf of Covered
Entity , is destroyed or returned to Covered Entity , or, in accordance with Section 6(c)(2)
(b) Terminatio n for Cause . Without limiting the termination rights of the parties pursuant to the
Agreement and upon, either party’s knowledge of a material breach of this Agreement by the other
party, the nonbreaching party shall provide an opportunity for the breachi ng party, to cure the breach
or end the violation, or terminate the Agreement, if the breaching party does not cure the breach or end
the violation within the time specified by the non -breaching party, or immediately terminate this
Agreement, if, in the n on -breaching party’s reasonable judgment cure is not possible.
(c)Effect of Termination.
(1) Except as provided in Section 6(c), upon termination of this Agreement, for any reason,
Business Associate shall return or destroy all Protected Health Informa tion received from
Covered Entity , or created, maintained, transmitted or received by Business Associate on behalf
of Covered Entity . This provision shall apply to Protected Health Information that is in the
possession of subcontractors or agents of Busine ss Associate. Business Associate shall retain no
copies of the Protected Health Information.
(2) In the event the Business Associate determines that returning or destroying the Protected
Health Information is infeasible, Business Associate shall provide to Covered Entity
notification of the conditions that make return or destruction infeasible. Upon mutual
agreement of the parties that return or destruction of Protected Health Information is
infeasible, per Section 6(a) above, Business Associate shall co ntinue to extend the protection of
this Agreement to such Protected Health Information and limit further uses and disclosures of
such Protected Health Information for so long as Business Associate maintains such Protected
Health Information.
(d ) Judicial or Administrative Proceedings . Either party may terminate the Arrangement, effective
immediately, if: (i) the other party is named as a defendant in a criminal proceeding for a violation of
HIPAA or (ii) a finding or stipulation that the other party has v iolated any standard or requirement of
HIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the
party has been joined.
7. Indemnification. Covered Entity and Business Associate will indemnify , subject to the monetary limits set
forth in Florida Statute 768.28 and the Florida Constitution as to the City , hold harmless and defend the other
party to this Agreement from and against any and all claims, losses, liabilities, costs and other expenses incurred
as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of
warranty or non -fulfillment of any undertaking on the part of the party under this Agreement; and (ii) any
claims, demands, awards, judgments, a ctions and proceedings made by any person or organization arising out
of or in any way connected with the party's performance under this Agreement. Nothing contained herein shall
be deemed a waiver of the City’s Sovereign Immunity.
8. Disclaimer. Co vered Entity makes no warranty or representation that compliance by Business Associate
with this Agreement, HIPAA or the HIPAA Regulations will be adequate or satisfactory for Business
Associate’s own purposes or that any information in Business Associate’s possession or control, or transmitted
or received by Business Associate, is or will be secure from unauthorized use or disclosure. Business Associate
is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI.
9. Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself, and any
subcontractors, employees or agents assisting Business Associate in the performance of its obligations under
26
the Arrangement, available to Covered Ent ity , at no cost to Covered Entity , to testify as witnesses, or
otherwise, in the event of litigation or administrative proceedings being commenced against Covered Entity , its
directors, officers or employees based upon claimed violation of HIPAA, the HIPAA Regulations or other
laws relating to security and privacy, except where Business Associate or its contractor, employee or agent is a
named adverse party.
10. Costs Recovery. Business Associate, at its own cost and expense shall:
promptly furnish to Cov ered Entity full details of the breach. For purposes of this section, Breach
shall mean any suspected or actual breach of security, intrusion or unauthorized use or disclosure of
PHI and/or any actual or suspected use or disclosure of data in violation of any applicable federal
or state laws or regulations ;
assist and cooperate fully with Covered Entity in Covered Entity ’s investigation of Business
Associate, employees, contractors, sub -contractors, agents or other third parties related to the
security in cident, including but not limited to providing Covered Entity with physical access to the
facilities and operations affected, facilitating interviews with employees and others involved in the
matter, and making available all relevant records, logs, files, systems and data;
promptly use its best efforts to prevent a recurrence of any such security incident
11.No Third Party Beneficiaries . The parties have not created and do not intend to create by this Agreement
any third party rights under this Agreement, including but not limited to Patient s. There are no third party
beneficiaries to this Agreement.
12. Receipt of PHI. Business Associate’s receipt of Covered Entity Patient ’s PHI pursuant to the transactions
contemplated by the Arrangement shall be deemed to begin on the execution date below, and Business
Associate’s obligations under this Agreement shall commence with respect to such PHI upon such receipt.
13.I nterpretation. The parties agree that any ambiguity in this Agreement shall be resolved in fav or of a
meaning that complies and is consistent with HIPAA and the HIPAA Regulations.
14. Regulatory References . A reference in this Agreement to a section in the Privacy and Security Rules means
the section as in effect or as amended.
15. Amendment . Up on the enactment of any law or regulation affecting the use or disclosure of Protected
Health Information, the safeguarding of Electronic Protected Health Information, or the publication of any
decision of a court of the United States or any state relating to any such law or the publication of any
interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or
regulation, either party may, by written notice to the other party, amend the Agreement in such manner as s uch
party determines necessary to comply with such law or regulation. If the other party disagrees with such
amendment, it shall so notify the first party in writing within thirty (30) days of the notice. If the parties are
unable to agree on an amendment within thirty (30) days thereafter, then either of the parties may terminate the
Agreement on thirty (30) days written notice to the other party.
16. Survival . The respective rights and obligations of Business Associate under Sections 6(c) and 7 of thi s
Agreement shall survive the termination of this Agreement.
1 7 . Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Said venue shall be Palm Beach County.
Page 27
IN WITNESS WHEREOF, the partie s hereto have duly executed this Agreement to be effective as of
the ______ day of __________________, 2012.
ATTEST: _____________________
City Clerk
City of Delray Beach
By:
Name:
Title:
Date: , 2012
Approved a s to form :
____________________________
City Attorney
Concentra Health Services, Inc.
By:
Name:
Title:
Date: , 2012
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the
state and county named above to take acknowledgements, personally
appeared ________________________ known to me to be the person described in and
who executed the forego ing instrument as ______________________ a corporation
organized under the laws of the state of _____________. He acknowledges before me
that he executed the foregoing instrument as such officer in the name and on behalf of
the corporation and that he also affixed thereto the official seal of the corporation.
SWORN T O AND SUBSCRIBED before me this _________day of 2012.
______________________________
Notary Public
My Commission Expires:
Page 28
Address for Notice: Address for Notice:
City of Delray Beach Concentra Health Services, Inc.
100 N. W. 1 st Avenue 5080 Spectrum Drive, Suite 1200 W Tower
Delray Beach, Florida 33444 Addison, Texas 75001
Attn: City Manager Attn: Legal Department
COPY TO: COPY TO
Humana Inc.
500 West Main Street
Louisv ille, KY 40202
Attn: Legal Department
Page 29
Schedule V
Security Standards
1. Best Practices .
a. Client shall adhere to commercially reasonable best practice standards related to
information security.
b. Client shall secure access to Client offices.
c. Client sh all provide periodic and mandatory Information Security training and awareness
to its permitted employees and permitted subcontractors (collectively “Personnel”).
d. Client shall limit access to Information to the minimum necessary dataset required to
accompl ish the intended purpose or use.
2. Security Policy .
a. Client shall develop and maintain a comprehensive Information Security Policy
(“Policy”). Said Policy shall be reviewed whenever there is a material change in
practices and not less than annually.
b. C lient shall have a designated employee or group of employees who shall maintain said
Policy.
c. C lie nt shall monitor their Policy to ensure that the program described therein is operating
in a manner reasonably calculated to prevent unauthorized access.
3. Access Co ntrol .
a. C lient shall ensure that passwords are terminated upon the removal of Personnel from
provision of the Services for any reason.
b. Client shall not permit access to Information via unsecured Wi -Fi IEEE802.11x wireless
technology or any other unsecured wireless technology.
c. Client shall appropriately secure Information or data to prevent any physical access by
unauthorized users.
d. Client shall control access to Information or data in a manner which prevents any access
by unauthorized users.
4. Enterprise Vul nerability Management (“EVM”).
a. Client shall adhere to commercially reasonable best practice standards for patch
management criticality ranking and patching time frame requirements for all IT systems,
switches, routers, appliances, servers, and workstation PC’s .
b. Client shall ensure that trusted, commercially available anti -virus software is installed,
enabled, and kept current on all Client servers and Personal Computers used in accessing,
processing, transmitting, or storing, Information.
c. Client shall i mplement trusted commercially available, up -to -date spyware protection on
all Client PC’s used for accessing, processing, transmitting, or storing Information.
5. Transmission Security .
a. Client shall encrypt all data, records and files containing Informatio n that will be
transmitted wirelessly or travel across public networks.
Page 30
b. Client shall require all transmissions of PHI to be secure and encrypted, including but not
limited to: e -mail, web -mail, Blackberry e -mail and other mobile device e -mail, FTP,
chat an d instant messaging, web services etc.
6. Device and Media Control .
a. Client shall properly dispose of any storage media containing PHI or Information,
including those found in Multi -Function Devices, by purge (“Purge”) or destroy
(“Destroy”) as those terms are defined in the National Institute of Standards and
Technology (“NIST”) Special Publication 800 -88, per all standards therein. For purposes
of this section, the terms “Multi -Function Devices” means an office machine which
incorporates the functionality of multiple devices in one . Examples include a
combination of some or all of the following services : printing, scanning, photocopying,
faxing, and/or emailing.
b. Client shall implement encryption of any built -in or removable storage media in any
company co ntrolled PC or other portable device which may access, store, transmit or
process Information.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:November 26, 2012
SUBJECT:AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
BONUS PAYMENTS TO JCD SPORTS GROUP, INC.
ITEM BEFORE COMMISSION
City Commission is being requested to consider bonu s payments to JCD Sports Group for FY11-12.
BACKGROUND
As per our contracts with JCD Sports Group for golf and tennis operations, they could receive up to
15% of the annual base fee for meeting annual perfo rmance measures as approved by City
Commission. Performance measures are weighted by po ints with 100 point total and the ability to
receive an additional 25 bonus points for special p rojects such as hurricane clean up and other action s.
Attached is the bonus payment request received from JCD Sports Group for FY11-12 with point totals
they feel should be assigned for each performance m easure in the following amounts:
Staff concurs with the calculations and this reques t except for a slight decrease in the Tennis Operat ions
bonus.
JCD Sports Group Staff Recommendations
Delray Beach Golf Club $12,687.30 $12,687.30
Lakeview Golf Club $2,632.50 $2,632.50
Tennis Operations $6,218.10 $6,154.65
FUNDING SOURCE
Funding is available in account 445-4711-572-34.90 for Delray Beach Golf Club, 446-4711-572-34.90
for the Lakeview Golf Club and 001-4215-575-34.90 a nd 001-4210-575-34.90 for Tennis Operations.
RECOMMENDATION
Staff recommends approval of bonus payments to JCD Sports Group for golf and tennis operations as
recommended by staff for FY11-12.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:November 29, 2012
SUBJECT:AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
SPECIAL EVENT REQUEST/ 15TH ANNUAL FIRST NIGHT 2013
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the 15 th Annual First Night event
to be held on December 31, 2012 from 4:00 p.m. to m idnight, to grant a temporary use permit per
LDR’s Section 2.4.6(F) for the use of City rights-o f-way and facilities as requested and to authorize
staff support as requested.
BACKGROUND
First Night is a City sponsored non-alcoholic event featuring local artists and enterta iners. The event
procession will begin in the 600 block of Atlantic Avenue and proceed to the Tennis Center. Children
activities again will be focused in and around the Tennis Facilities and Old School Square Park with t he
children’s finale being held in the stadium at 9:00 p.m. Button prices for this year’s event again will be
$10, or $15 on the day of the event, December 31, 2 012.
Attached is a copy of the event permit, site plan, budget, economic calculator and other required
information. Certificates of Insurance have been ob tained through Risk Management for the use of Old
School Square and the Court House Parking Garage. T he estimated overtime costs for this event are
$31,800. This is a City sponsored event. Per our e vent policies and procedures, there are no charges for
City services; however, per the budget, First Night will pay the General Fund $12,000 toward City
overtime. Barricade rental of $2,000 will be paid f rom the First Night budget, as well as portable
lighting $4,400 and portalets $750. All other event costs are covered by button sales, sponsorships,
parking fees and concession income.
Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set
up and removal, lighting set up, banner hanging, si gnage construction and installation and EMS
services.
RECOMMENDATION
Staff recommends approval of the event permit, the temporary use permit per LDR Section 2.4.6(F) for
use of City rights-of-way and facilities as per the site plan and approve staff support as requested.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:November 26, 2012
SUBJECT:AGENDA ITEM 8.Q. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
SPECIAL EVENT REQUEST/ 16TH ANNUAL DELRAY BEACH CRAFT FESTIVAL
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the 16 th Annual Delray
Beach Craft Festival proposed to be held on Februar y 2 & 3, 2013, from 10:00 a.m. to 5:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the use of E 4 th Avenue, from NE 1 st Street
to SE 1 st Street, as well as use of the Hand’s parking lot for vendor parking, and to authorize staff
support for security, traffic control and fire insp ection services and to permit an event sign to be e rected
on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event per City Code.
BACKGROUND
Attached is the Special Event permit application re ceived from Howard Alan Events, Ltd. for this
event. Also included are the site plan, event budge t and economic calculator. The City is requested to
provide police security and traffic control for thi s event, as well as fire inspection services. The e vent
sponsor is responsible for vendor management and se t up, site cleanup, barricading, portalets, dumpste rs
and event signage. Estimated overtime costs for the event are $5,715 and a 5% administrative fee of
$285 for a total of $6,000. Per event policies and procedures, the event sponsor is responsible for
payment of 100% of all City costs and a 5% administ rative fee. The event producer has submitted a
copy of their Liability Insurance and Hold Harmless Agreement.
RECOMMENDATION
Staff recommends approval of the Special Event perm it, approval of the temporary use permit for the
street closure, parking lot use, and approval of st aff support for police security and traffic control , as
well as Fire Inspection Services with the sponsor p aying all City costs plus a 5% administrative fee.
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: November 29, 2012
SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City
Commission is review of appealable actions which were taken by various Boards during the period of November 19, 2012 through November 30, 2012. BACKGROUND This is the method of informing
the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the
10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item
on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of November 19, 2012 No appealable items were considered by the Planning
and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (5 to 0, Jan Hansen and Connor Lynch
absent), of a privately initiated Future Land Use Map amendment (small-scale) from MD (Medium Density Residential 5-12du/ac) to LD (Low Density Residential 0-5 du/ac) and rezoning from
RM (Medium Density Residential) to R-1-A (Single Family Residential) for the properties located on the north and south sides of Bermuda Gardens Road. B. Recommended approval with conditions
(5 to 0), of a conditional use request to allow a density in excess of 30 units per acre (62.2 du/ac proposed) for Sofa Building 1, located on the east side
of SE 3rd Avenue, between SE 1st Street and SE 2nd Street in conjunction with the construction of 117 residential units within a 4-story structure. The Board also recommended to the
City Commission approval of a waiver to LDR Section 4.7.9(i), to allow an increase in the percentage of one-bedroom units (including efficiencies) from the maximum allowed 30% to up
to 56.41%. C. Recommended approval with conditions (5 to 0), of a conditional use request to allow a density in excess of 30 units per acre (64.7 du/ac proposed) for Sofa Building 2,
located on the west side of SE 2nd Avenue, between SE 1st Street and SE 2nd Street in conjunction with the construction of 55 residential units within a 4-story structure. The Board
also recommended to the City Commission approval of a waiver to LDR Section 4.7.9(i), to allow an increase in the percentage of one-bedroom units (including efficiencies) from the maximum
allowed 30% up to 54.5%. D. Recommended approval with conditions (5 to 0), of a conditional use request to establish a recreational bowling entertainment center which includes an eight
(8) lane bowling alley with a full service restaurant and bar for Downtown Bowling, located within the Ocean City Lumber Complex, on the east side of Pineapple Grove Way (NE 2nd Avenue)
between East Atlantic Avenue and NE 1st Street. E. Recommended approval (5 to 0), to name the north-south alley that runs from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and
the FEC Railroad track, as Artists Alley. Site Plan Review and Appearance Board Meeting of November 28, 2012 1. Approved with conditions (7 to 0), a master sign program to include three
(3) free standing signs for Midtown Delray, a mixed used development that includes 116 residential units and a medical office building, located at the intersection of Linton Boulevard
and Old Germantown Road. 2. Postponed (7 to 0), an amendment to the master sign program for the Bed Bath & Beyond Plaza to allow the installation of a flat wall sign for “Enterprise
Rent-A-Car”, located at the southeast corner of West Atlantic Avenue and Military Trail (14832 South Military Trail). 3. Approved with conditions (6 to 1, Alice Finst dissenting), a
request for a color change for Palm Plaza, an existing commercial building located at the southeast corner of East Atlantic Avenue and Palm Square (1118 East Atlantic Avenue). 4. Approved
with conditions (6 to 1, Rustem Kupi dissenting), a North Beach Overlay District Development Review application for the Barbara Residence (1240 Seaspray Avenue), associated with requested
relief to allow a rooftop stair tower appurtenance exceeding the maximum 35’ height. Concurrently, the Board approved (7 to 0), a waiver to LDR Section 4.6.14(B)(1) to reduce the sight
visibility triangle requirement from the required 10’ to 3’ at the intersection of the driveways and the property line. RECOMMENDATION By motion, receive and file this report. Attachment:
Location Map
of SE 3 rd Avenue, between SE 1 st Street and SE 2 nd Street in conjunction with the construction of
117 residential units within a 4-story structure. T he Board also recommended to the City
Commission approval of a waiver to LDR Section 4.7.9(i), to allow an increase in the percentage
of one-bedroom units (including efficiencies) from the maximum allowed 30% to up to 56.41%.
C. Recommended approval with conditions (5 to 0), of a conditional use request to allow a density
in excess of 30 units per acre (64.7 du/ac proposed ) for Sofa Building 2, located on the west side
of SE 2nd Avenue, between SE 1st Street and SE 2nd Street in conjunction with the construction
of 55 residential units within a 4-story structure. The Board also recommended to the City
Commission approval of a waiver to LDR Section 4.7.9(i), to allow an increase in the percentage
of one-bedroom units (including efficiencies) from the maximum allowed 30% up to 54.5%.
D. Recommended approval with conditions (5 to 0), of a conditional use request to establish a
recreational bowling entertainment center which inc ludes an eight (8) lane bowling alley with a
full service restaurant and bar for Downtown Bowlin g, located within the Ocean City Lumber
Complex, on the east side of Pineapple Grove Way (N E 2nd Avenue) between East Atlantic
Avenue and NE 1st Street.
E. Recommended approval (5 to 0), to name the north-so uth alley that runs from NE 3 rd Street to
NE 4 th Street, between NE 3 rd Avenue and the FEC Railroad track, as Artists Alle y.
Site Plan Review and Appearance Board Meeting of No vember 28, 2012
1. Approved with conditions (7 to 0), a master sign pr ogram to include three (3) free standing signs
for Midtown Delray , a mixed used development that includes 116 reside ntial units and a
medical office building, located at the intersectio n of Linton Boulevard and Old Germantown
Road.
2. Postponed (7 to 0), an amendment to the master sign program for the Bed Bath & Beyond Plaza
to allow the installation of a flat wall sign for “Enterprise Rent-A-Car”, located at the
southeast corner of West Atlantic Avenue and Milita ry Trail (14832 South Military Trail).
3. Approved with conditions (6 to 1, Alice Finst disse nting), a request for a color change for Palm
Plaza , an existing commercial building located at the so utheast corner of East Atlantic Avenue
and Palm Square (1118 East Atlantic Avenue).
4. Approved with conditions (6 to 1, Rustem Kupi disse nting), a North Beach Overlay District
Development Review application for the Barbara Residence (1240 Seaspray Avenue),
associated with requested relief to allow a rooftop stair tower appurtenance exceeding the
maximum 35’ height. Concurrently, the Board approve d (7 to 0), a waiver to LDR Section
4.6.14(B)(1) to reduce the sight visibility triangl e requirement from the required 10’ to 3’ at the
intersection of the driveways and the property line .
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director Public Works Richard C. Hasko, P.E. Director of Environmental Services THROUGH: David T. Harden, City Manager
DATE: November 16, 2012 SUBJECT: AGENDA ITEM 8.S.1 -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 BID AWARD/LAYNE INLINER, LLC ITEM BEFORE COMMISSION The item is before the Commission
to approve a contract award to Layne Inliner, LLC in the amount of $17,110.00 to line an existing damaged storm water pipe in Chatelaine Subdivision. Co-op pricing per City of Orlando
Contract #B109-2570. An approval letter is attached for your convenience. BACKGROUND Public Works investigated and determined that numerous sinkholes on the property at 718 Chatelaine
Boulevard coincided with a 30" storm drain, which runs along the entire property line. A closed circuit television (CCTV) inspection of the storm drain line confirmed numerous joint
failures. Since the pipe runs parallel to the lot line between two homes which are only 15'3" apart, the preferred rehabilitation method is lining the pipe instead of excavating and
replacing it. Excavation of the pipe could potentially compromise the foundation of both homes. Upon award Layne Inliner, LLC will execute the "Standard Form of Agreement Between the
City and Contractor". FUNDING SOURCE Funding is available from account #448-5416-538-46.90 (Other Repair: Maintenance Costs). RECOMMENDATION Staff recommends award of contract to Layne
Inliner, LLC to complete the relining of a storm water pipe in Chatelaine.
Page 1 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this _____ day of _______________, 2012,
by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Layne Inliner, LLC (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of
the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform
the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical
characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts
requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following:
CONTRACT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1 -5 Corporate Acknowledgment 6 Certificate 7 Insurance Requirements 8 -9 Sample Insurance Form 10 -11
Page 2 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 CONTRACT DOCUMENTS (cont’d) PAGE NUMBERS Drug Free Work Place Certification N/A (if not provided in other bid)
Performance/Payment bond N/A Proposal 12 Bid Documents (other agency) Exhibit A 4. The term of this contract shall commence upon execution of this agreement by both parties and shall
continue for a period of 60 days . 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement
shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following
addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Layne Inliner, LLC 2531 Jewett Lane Sanford, Florida 32771 (407) 472-0014 7.
The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys
due or to become due without the prior written consent of the CITY.
Page 3 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives
to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable
consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs
received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of
the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct
includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees
that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations
by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from
any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation.
Page 4 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for
such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from
the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by
either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration
of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price
includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract
documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree
and acknowledge that the CITY is “piggybacking” off of the contract between Layne Inliner, LLC and City of Orlando, contract for “Sewer Line Rehabilitation, Cleaning & Video Recording”,
#BI09-2570 , and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms
and conditions of this Agreement shall govern.
Page 5 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST:
CITY OF DELRAY BEACH, FLORIDA By: City Clerk _____________, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: ______________________________________________________ __________________
____ (Print or type name and title) (Print or type name and title) (SEAL)
Page 6 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ______day
of , 20__, by___________________________(name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She
is (personally known to me) (or has produced identification) and has used his/her _________________________________________(type of identification) as identification. Signature of Person
Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped
Page 7 Agreement with Layne Inliner . 718 E. Boulevard Chatelaine 2012 CERTIFICATE (Limited Liability Company) STATE OF FLORIDA ) ) SS COUNTY OF ) ) I HEREBY CERTIFY that a meeting of
the Board of Directors of ____________________________________, a LLC under the laws of the State of ______________________ held on __________________, 20__, the following resolution
was duly passed and adopted: “RESOLVED”, that _____________________, as __________________ President of the LLC, he/she is hereby authorized to execute the Agreement dated ___________________,
20__, between the City of Delray Beach, Florida and this LLC, and that his execution thereof, attested by the Secretary of the LLC and with corporate seal affixed, shall be the official
act and deed of this corporation”. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the corporation this _____day of ________________, 20__. ______________________________ (Secretary) (Seal)
MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Parks Superintendent Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: November
26, 2012 SUBJECT: AGENDA ITEM 8.S.2 -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 BID AWARD/ELEV8 SPORTS INSTITUE ITEM BEFORE COMMISSION City Commission is requested to consider approval
of a bid award to ELEV8 Sports Institue in the amount of $38,400.00 for the annual Landscape Maintenance of Pompey Park's three (3) Ballfields. BACKGROUND This bid award is for the annual
landscape maintenance contract of the three (3) ballfields at Pompey Park. Included in the specs are additional costs for infield repairs, laser grading of the infields, lip repair of
the inflelds, and the cost of clay and sod replacement. Two companies submitted bids on September 25, 2012: ELEV8 Sports Institute quoted $38,400.00 and Sports Turf One, Inc., who currently
maintain the fields, quoted $48,047.72. ELEV8 currently maintains the ballfields at Miller Field and Currie Commons. FUNDING SOURCE Funding is available from account from account #001-4131-572-34.90
Other Contractual Services. RECOMMENDATION Staff recommends award of the annual landscape maintence contract for Pompey Park three (3) ballfields to the lowest bidder ELEV8 Sports Institute.
MEMORANDUM TO: Mayor and City Commissioners FROM: Davis Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: November 19, 2012 SUBJECT: AGENDA
ITEM 8.S.3 -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 CONTRACT AWARD/ALSCO, INC. ITEM BEFORE COMMISSION City Commission is requested to approve award to ALSCO, Inc. for linen rental
service for the Delray Beach Municipal Golf Course Restaurant for the estimated annual usage of $17,500 for a one (1) year contract with the option to renew for two (2) additional terms
of one (1) year, per Bid #2013-13. BACKGROUND The Delray Beach Municipal Golf Course Restaurant is in need of an annual contract for linen rental service for table linens, napkins, bar
towels and special table skirting. Bids were received on Monday, November 12, 2012, from three (3) vendors all in accordance with City purchasing procedures. (Bid #2013-13 documentation
is on file in the Purchasing Office). A tabulation of bids is attached for your review. The General Manager, Delray Beach Golf Course, is recommending award to the over-all low bidder
on the most commonly used linen items. FUNDING SOURCE 445-4715-572.52-22 D B MUNICIPAL GOLF COURSE RESTAURANT OPERATING SUPPLIES UNIFORMS/LINEN SERVICE RECOMMENDATION Staff recommends
award to ALSCO, Inc. for linen rental for the Delray Beach Municipal Golf Course Restaurant for an estimated annual cost of $17,500.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jim Schmitz, Deputy Director Public Works
Richard C. Hasko, P.E. Director of Environmental Se rvices
THROUGH:David T. Harden, City Manager
DATE:November 16, 2012
SUBJECT:AGENDA ITEM 8.S.1 - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
BID AWARD/ LAYNE INLINER, LLC
ITEM BEFORE COMMISSION
The item is before the Commission to approve a cont ract award to Layne Inliner, LLC in the amount of
$17,110.00 to line an existing damaged storm water pipe in Chatelaine Subdivision. Co-op pricing per
City of Orlando Contract #B109-2570. An approval l etter is attached for your convenience.
BACKGROUND
Public Works investigated and determined that numer ous sinkholes on the property at 718 Chatelaine
Boulevard coincided with a 30" storm drain, which r uns along the entire property line. A closed circui t
television (CCTV) inspection of the storm drain li ne confirmed numerous joint failures. Since the pip e
runs parallel to the lot line between two homes whi ch are only 15'3" apart, the preferred rehabilitati on
method is lining the pipe instead of excavating an d replacing it. Excavation of the pipe could
potentially compromise the foundation of both homes .
Upon award Layne Inliner, LLC will execute the "Sta ndard Form of Agreement Between the City and
Contractor".
FUNDING SOURCE
Funding is available from account #448-5416-538-46 .90 (Other Repair: Maintenance Costs).
RECOMMENDATION
Staff recommends award of contract to Layne Inliner , LLC to complete the relining of a storm water
pipe in Chatelaine.
Page 1 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this _____ day of _______________, 2012, by and
between the CITY OF DELRAY BEACH (hereinafter called CITY ) and
Layne Inliner, LLC (hereinafter called CONTRACTOR ).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements
pursuant to all covenants and conditions.
2. The CONTRACTOR , as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristi cs of the job requirements.
The CONTRACTOR further acknowledges that the bid price includes all costs and
expenses required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR shall include the
following documents which are attached hereto and incorp orated herein by reference of
the following:
CONTRACT DOCUMENT (S) PAGE NUMBERS
Standard Form of Agreement 1 - 5
Corporate Acknowledgment 6
Certificate 7
Insurance Requirements 8 - 9
Sample Insurance Form 10 -11
Page 2 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
CONTRACT DOCUMENTS (cont’d) PAGE NUMBERS
Drug Free Work Place Certification N/A
(if not provided in other bid)
Performance/Payment bond N/A
Proposal 12
Bid Documents (other agency) Exhibit A
4. The term of this contract shall commence upon executi on of this
agreement by both parties and shall continue for a per iod of 60 days .
5. This agreement shall be governed by the laws of th e State of Florida as
Now and hereafter in force. The venue for actions ari sing out of this agreement shall
be Palm Beach County, Florida.
6. All notices, requests, demands, and other given if p ersonally delivered or
mailed, certified mail, return receipt requested, to t he following addresses:
As to City: City of Delray Beach, FL
100 NW 1st Avenue
Delray Beach, FL 33444
As to CONTRACTOR:
Layne Inliner, LLC
2531 Jewett Lane
Sanford, Florida 32771
(407) 472-0014
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and , specifically, the
CONTRACTOR shall not assign any moneys due or to become due without the prior
written consent of the CITY .
Page 3 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
8. The CITY and the CONTRACTOR each binds himself, his partners,
successors, assigns and legal representatives to the other par ty hereto in respect to all
convenants, agreements and obligations contained in the contract documents.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the CONTRACTOR shall defend, indemnify and save harmless the CITY , its officers,
agents and employees, from or on account of any liabili ties, damages, losses and costs
received or sustained by any person or persons by or in co nsequence of any
negligence (excluding the sole negligence of the CITY ), recklessness or intentional
wrongful misconduct of the CONTRACTOR and any persons employed or utilized by
the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that
negligent, reckless or intentional wrongful misconduct incl udes, but is not limited to, use
of any improper materials or liabilities, damages, losse s or costs caused by or on
account of the use of any improper materials. CONTRACTOR agrees that negligent,
reckless or intentional wrongful misconduct also includes but is not limited to the
violation of any Federal, State, County or City law s, by-laws, ordinances or regulations
by the CONTRACTOR , his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from
all such claims and fees, and from any and all suits and a ctions of every name and
description that may be brought against the CITY on account of any claims, fees,
royalties, or costs for any invention or patent, and fr om any and all suits and actions
that may be brought against the CITY for the infringement of any and all patents or
patent rights claimed by any person, firm, or corporati on.
Page 4 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
The indemnification provided above shall obligate the CONTRACTOR to defend
at his own expense or to provide for such defense, at th e CITY'S option, any and all
claims or liability and all suits and actions of every na me and description that may be
brought against the CITY which may result from the operations and activities und er this
Contract whether the construction operations be performe d by the CONTRACTOR , his
subcontractor or by anyone directly or indirectly employ ed by either. This
indemnification includes all costs and fees including attor neys fees and costs at trial
and appellate levels.
The CITY will pay to the CONTRACTOR the specific consideration of ten dollars
and other good and valuable consideration as specific consi deration for the
indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that
the bid price includes said consideration for the indemni fication provision.
10. This Agreement shall be considered null and void u nless signed by both
the CONTRACTOR and the CITY .
11. The contract documents constitute the entire agreeme nt between the
CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly
executed written instrument.
12. The Parties agree and acknowledge that the CITY is “piggybacking” off of
the contract between Layne Inliner, LLC and Ci ty of Orlando, contract for “Sewer
Line Rehabilitation, Cleaning & Video Recording”, #B I09-2570 , and that the terms and
conditions of that agreement shall govern unless they ar e in conflict with the terms and
conditions of this Agreement, and in that event, the t erms and conditions of this
Agreement shall govern.
Page 5 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
IN WITNESS WHEREOF , the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk _____________, Mayor
Approved as to form:
City Attorney
WITNESS: CONTRACTOR:
BY:
______________________________________________________
______________________
(Print or type name and title) (Print or typ e name and title)
(SEAL)
Page 6 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me th is ______day of
, 20__, by___________________________(name of o fficer
or agent, title of officer or agent), of (st ate or
place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced iden tification) and has used
his/her _________________________________________(ty pe of identification) as
identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Page 7 Agreement with Layne Inliner
. 718 E. Boulevard Chatelaine 2012
CERTIFICATE
(Limited Liability Company)
STATE OF FLORIDA )
) SS
COUNTY OF )
)
I HEREBY CERTIFY that a meeting of the Board of Directors of
____________________________________, a LLC under t he laws of the State of
______________________ held on __________________, 20__, the following
resolution was duly passed and adopted:
“RESOLVED ”, that _____________________, as __________________
President of the LLC, he/she is hereby authorized to e xecute the Agreement dated
___________________, 20__, between the City of Del ray Beach, Florida and this
LLC, and that his execution thereof, attested by the Secretary of the LLC and with
corporate seal affixed, shall be the official act and de ed of this corporation”.
I further certify that said resolution is now in full f orce and effect.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the officia l
seal of the corporation this _____day of ________________, 20__.
______________________________
(Secretary)
(Seal)
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tim Simmons, Parks Superintendent
Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:November 26, 2012
SUBJECT:AGENDA ITEM 8.S.2 - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
BID AWARD/ ELEV8 SPORTS INSTITUE
ITEM BEFORE COMMISSION
City Commission is requested to consider approval o f a bid award to ELEV8 Sports Institue in the
amount of $38,400.00 for the annual Landscape Maint enance of Pompey Park's three (3) Ballfields.
BACKGROUND
This bid award is for the annual landscape maintena nce contract of the three (3) ballfields at Pompey
Park. Included in the specs are additional costs f or infield repairs, laser grading of the infields, lip
repair of the inflelds, and the cost of clay and so d replacement.
Two companies submitted bids on September 25, 2012: ELEV8 Sports Institute quoted $38,400.00
and Sports Turf One, Inc., who currently maintain t he fields, quoted $48,047.72. ELEV8 currently
maintains the ballfields at Miller Field and Currie Commons.
FUNDING SOURCE
Funding is available from account from account #001 -4131-572-34.90 Other Contractual Services.
RECOMMENDATION
Staff recommends award of the annual landscape main tence contract for Pompey Park three (3)
ballfields to the lowest bidder ELEV8 Sports Instit ute.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Davis Boyd, Finance Director
Patsy Nadal, Purchasing Manager
THROUGH:David Harden, City Manager
DATE:November 19, 2012
SUBJECT:AGENDA ITEM 8.S.3 - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
CONTRACT AWARD/ ALSCO, INC.
ITEM BEFORE COMMISSION
City Commission is requested to approve award to AL SCO, Inc. for linen rental service for the Delray
Beach Municipal Golf Course Restaurant for the esti mated annual usage of $17,500 for a one (1) year
contract with the option to renew for two (2) addit ional terms of one (1) year, per Bid #2013-13.
BACKGROUND
The Delray Beach Municipal Golf Course Restaurant i s in need of an annual contract for linen rental
service for table linens, napkins, bar towels and s pecial table skirting.
Bids were received on Monday, November 12, 2012, fr om three (3) vendors all in accordance with City
purchasing procedures. (Bid #2013-13 documentation is on file in the Purchasing Offic e). A tabulation
of bids is attached for your review.
The General Manager, Delray Beach Golf Course, is r ecommending award to the over-all low bidder on
the most commonly used linen items.
FUNDING SOURCE
445-4715-572.52-22
D B MUNICIPAL GOLF COURSE
RESTAURANT
OPERATING SUPPLIES
UNIFORMS/LINEN SERVICE
RECOMMENDATION
Staff recommends award to ALSCO, Inc. for linen ren tal for the Delray Beach Municipal Golf Course
Restaurant for an estimated annual cost of $17,500.
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: November 9, 2012 SUBJECT: AGENDA ITEM 8.S.4 -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 CONTRACT AWARD/PROLIME CORPORATION (PC) ITEM BEFORE COMMISSION
Request to approve an award to Prolime Corporation (PC) in the amount not to exceed $120,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). BACKGROUND
The existing annual contract utilizing a cooperative procurement agreement between Palm Beach County Water Utilities Department (PBCWUD) and Dedicated Transport, LLC expired with the
start of the new fiscal year. PBCWUD realized these services were not essential to their operations, thus declined to rebid the services. Therefore, staff bid services for hauling wet
lime sludge from our Water Treatment Plant. On October 22, 2012, the City released the advertisement for bid. The bid was structured as a request for a unit price per liquid ton, hauled
to an approved facility. Loads are based on 26 liquid tons. Per an addendum, an alternative pricing structure could be submitted for consideration, provided it was submitted in the designated
format; identifying the location and/or distance to an alternative disposal site(s), unit price per ton, and the percentage of loads to the alternate site(s). On November 7, 2012, the
City received two bids under this advertisement. Prolime Corporation submitted $17.69/liquid ton. Dedicated Transport, LLC submitted $23.75/liquid ton, plus applicable fuel surcharges
and an alternative pricing structure for hauling to alternative sites. A review of Dedicated Transport’s alternative pricing submittal revealed it to be incomplete; they did not list
what percentage of loads would be hauled to alternative sites. Therefore, their alternative proposal could not be considered as they did not provide required information for evaluation.
On that basis, bid comparison can only be made per each vendor’s base unit price per liquid ton, excluding alternate proposals. Thus, the recommendation is to award the bid to Prolime
Corporation at the unit price of $17.69/liquid ton. This request is an annual award for fiscal year 2012/2013. The total amount requested for this annual
period is $120,000. This is based on one load per day, five days a week, hauled to Pembroke Park, Florida: · 26 liquid tons (average tanker load) at $17.69/liquid ton = $459.94 per load
x 5 days x 52 weeks = $119,584.40. Provisions in the bid documents allow annual renewals, not to exceed a total of 5 years. Upon City Commission approval, Prolime Corporation will execute
a “Standard Form of Agreement between the City and Contractor”. FUNDING SOURCE Funding will be available from Account # 441-5122-536-34-90, Water and Sewer Fund/Other Contractual Services.
RECOMMENDATION Staff recommends awarding the bid to Prolime Corporation in the amount of up to $120,000 for the disposal of lime slurry from the Water Treatment Plant.
period is $120,000. This is based on one load per d ay, five days a week, hauled to Pembroke Park,
Florida:
· 26 liquid tons (average tanker load) at $17.69/liqu id ton = $459.94 per load x 5 days x 52 weeks
= $119,584.40.
Provisions in the bid documents allow annual renewa ls, not to exceed a total of 5 years.
Upon City Commission approval, Prolime Corporation will execute a “Standard Form of Agreement
between the City and Contractor”.
FUNDING SOURCE
Funding will be available from Account # 441-5122-5 36-34-90, Water and Sewer Fund/ Other
Contractual Services.
RECOMMENDATION
Staff recommends awarding the bid to Prolime Corpor ation in the amount of up to $120,000 for the
disposal of lime slurry from the Water Treatment Pl ant.
Bid Number: # 2013-18 Bid Opening Date: November 07, 2012 BASE Bid Vendor Cost Per Liquid Ton Facility Location or Mileage Radius Price Per Ton Percentage of Loads Addendum No. 1 Acknowledged
Y/N PROLIME CORPORATION $17.69 YES DEDICATED TRANSPORT, LLC $23.75 200 $23.75 not submitted YES 150 $18.85 not submitted 100 $13.25 not submitted 50 $9.65 not submitted City of Delray
Beach OPENING BID TABULATION Time: 11:00 AM Bid Title: WATER TREATMENT PLANT WET LIME SLUDGE HAULING Remarks: Offers from the vendors listed herein are the only offers received timely
as of the above opening date and time. Alternate Bid Proposal (if submitted)
MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: November
28, 2012 SUBJECT: AGENDA ITEM 8.S.5 -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 PURCHASE AWARD/FEDERAL EASTERN INTERNATIONAL ITEM BEFORE COMMISSION The Police Department requests
Commission approval for the purchase of replacement ballistic bullet proof vests from Federal Eastern International in the amount of $53,341. BACKGROUND This year, the ballistic bullet
proof vests currently being used by the Department’s SWAT team will have exceeded the manufacturer’s recommended life expectancy and will no longer be under warranty. For this reason,
they must be replaced. The Department’s Training Unit has conducted extensive research into the best and most cost effective options for replacement. Based on their testing, the Department
recommends purchase of the Siege-R Tactical Vest from Federal Eastern. This vest employs patent pending technology which: 1) allows the wearer to release the vest quickly in an emergency,
2) reduces the weight of the vest by between 20-40% and 3) utilizes a more durable carrier, allowing the manufacturer to offer a lifetime warranty (see attached memo dated 10/29 for
additional details). The vendor, Federal Eastern, is the sole source law enforcement distributor for Renegade Armor, the manufacturer of this vest (letter also attached). An evaluation
of the cost of comparable vests was conducted (comparison quotes attached). While the traditional vests appear slightly less expensive initially, they are more costly in the long run.
Further, the older vests do not provide the functionality listed above. The Federal Eastern Vests, manufactured by Renegade Armor, have a lifetime warranty on the carriers. This means
that only the ballistics would need to be replaced after five years. The anticipated savings at the five year point would be in the range of $33,000 (see attached memo for further details).
FUNDING SOURCE Funding is available in #001-2115-521-64.90 pending budget transfer ($16,800 of this purchase is reimbursable through our Bullet Proof Vest award program). RECOMMENDATION
The Police Department recommends approval.
DELRAY BEACH POLICE DEPARTMENT MEMORANDUM To: Sharon L’Herrou From: Sergeant John Crane-Baker JCB Training and Recruiting Date: November 12, 2012 Subject: SWAT VEST PURCHASE Per our
conversation, I have conducted a cost analysis of the Renegade Vests versus purchasing a vest from another company. As you will see, the Renegade vest will provide us with a substantial
savings after five (5) years. Provided are two quotes from respectable companies that can provide us with semicomparable vests. The first quote is from Tactical Products Group for $45,000
and the second one is from Point Blank for $44,346. Both provide the same level of protection with Level IIIA armor and all the attachments (groin, neck and biceps). Additionally, they
both provide a six (6) pouch package and two (2) hard armor plates per vest. The difference between these two companies and Renegade is that Renegade has a lifetime warranty on all their
carriers and pouches. If there ever is an issue with a carrier or pouch, Renegade will replace them free of charge. This will keep our carriers and pouches in good condition. This means
that in five (5) years we will only need to replace the ballistic package rather than replace the entire vest. The cost of each ballistic package is $551.68 per vest. The cost for twenty
(20) ballistic packages is $11,033.60. To replace the vests from Point Blank or Tactical Products Group we will need to spend an additional $44,000 to $45,000 in five (5) years as they
don’t provide a lifetime warranty on their carriers or pouches. This is a minimum of $33,000 savings, assuming that in five (5) years the cost for ballistics has not increased. As you
can see the savings will come after the five (5) year mark when we need to replace the ballistic package. Another reason to go with Renegade rather than the other two companies is that
Renegade will buy back our old expired ballistics at a rate of $2.00 to $2.50 per pound. This can be used to offset the costs of the vests as well as create some much needed room in
our armory. Obviously, I don’t know exactly how much of a savings this will be until we send off the old expired ballistics. Regardless, our recommendation is to spend a little more
now to save later on. If you have any questions or concerns, please feel free to contact me so that I may answer them promptly.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 30, 2012 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 LETTER
OF INTENT: CCC/ARTS GARAGE ITEM BEFORE COMMISSION Direction regarding a Letter of Intent from the Creative City Collaborative regarding the OSS retail space. BACKGROUND Staff has received
a letter of intent regarding the purchase of the OSS retail space from the Creative City Collaborative in the amount of $2,500,000.00. Staff is seeking Commission direction regarding
this latest letter of intent.
MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: November
30, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 CONDITIONAL USE REQUESTS/ATLANTIC PLAZA II ITEM BEFORE COMMISSION The action requested of the City
Commission is consideration of conditional use requests to increase the building height to a maximum of 60 feet (59 feet 4 inches proposed) and to allow a density increase above 30 dwelling
units per acre (43 du/ac proposed) for Atlantic Plaza II, which is a proposed mixed use development on the north side of Atlantic Avenue, south of N.E. 1stStreet, east of N.E. 6th Avenue,
and west of Veterans Park. BACKGROUND The City Commission considered the development proposal at its meeting of November 13, 2012. At that time, the development proposal consisted of
two (2) five-story buildings; two (2) four-story buildings; and two (2) three-story buildings. The commercial component of the development consisted of 52,021 square feet of retail;
28,204 square feet of restaurant; and 79,071 square feet of office. The residential portion of the development included 442 dwelling units comprised of 70 efficiency units; 151 one-bedroom
units; 208 two-bedroom units; and 13 three-bedroom units. After considerable public comment and Commission discussion, the project was postponed with the applicant directed to reduce
the intensity of the project. The applicant has submitted a revised development proposal that reduces the total number of residential units from 442 dwelling units (51.10 du/ac) to 372
dwelling unit (43 du/ac) for a reduction of 70 dwelling units. The residential mix now consists of 38 efficiency units; 141 one-bedroom units; 180 two-bedroom units; and 13 three-bedroom
units. The proposed unit reductions will all occur within the "footprint" of the buildings that the City Commission previously considered. The reduction is achieved by making individual
dwelling units larger, which creates a corresponding reduction in the unit count and density. It is noted that there is no change to the physical layout of the property with respect
to the building locations, height, driveways, landscaping, courtyards, etc. from what the City Commission previously considered. The effect of the current proposal on parking is a net
reduction in the total number of required parking spaces from 1,092 spaces to 1,000 spaces (92 space reduction). The reduction in required parking results in an increase in the number
of surplus parking spaces that the
project will have from the previous 70 space surplus to a 162 space surplus. The proposed revision will have an insignificant impact on required findings as they relate to concurrency
levels. It is noted that the minor impacts on concurrency findings such as schools, solid waste, parks, and traffic will be addressed as part of the site plan process. RECOMMENDATION
By Separate Motions: 1. Move to approve the conditional use request to allow for a building height in excess of 48’ (59’ 4" proposed) for Atlantic Plaza II, by adopting the findings
of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections
2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(I), and Chapter 3 of the Land Development Regulations; 2. Move to approve the conditional use request to allow for a density in excess of 30 units
per acre (43 du/ac) for Atlantic Plaza II, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with
the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(I), and Chapter 3 of the Land Development Regulations; With said approvals to be subject to the following
conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That any potential conflicts at the circular driveway as it relates to
multiple functions be addressed during the site plan review process. 3. That the applicant contributes the cost of a shuttle bus to the City and details of a shuttle stop in the development
be finalized during the site approval process. 4. That modification to NE 7th Avenue and NE 1st Street (including potentially restricting NE 7th Avenue to southbound only at NE 1st Street)
and/or funding of a traffic signal at NE 6th Avenue and NE 1st Street is considered during site plan approval to reduce concerns over traffic encroachment into the neighborhoods from
this site. 5. That a written finding of concurrency approval from the School District be submitted. 6. That provision of the bus shelter and easement is addressed during the site plan
review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue. 8. That the provision of workforce housing units be
addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 9. That a minimum of 75% of the surface area of
the front street walls along Atlantic Avenue at the ground floor area of buildings I and II are devoted to display windows and to entrances. 10. That a dedication of 7 feet be provided
for Atlantic Avenue east of NE 7th Avenue. 11. That at least one building achieves the designation as "LEED for Neighborhood Development
(certified)." 12. That revised floor plans are submitted that reflect the revised residential unit count. 13. That a final finding of concurrency be conducted as part of the site plan
process to address the current revision.
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC PLAZA II ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA 1. This conditional use request to increase the building height to a maximum of 60 feet and to increase the residential density of the project to 43 dwelling units per acre for
the Atlantic Plaza II development has come before the City Commission on December 4, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission
pertaining to the conditional use request for the Atlantic Plaza II development. All of the evidence is a part of the record in this case. Required findings are made in accordance with
Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use Element Objective A-1: This objective requires that the property shall be developed or redeveloped
as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary
to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No ___ b. Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which
2 the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map
designation of Commercial Core and is zoned Central Business District. Future Land Use -Is project’s proposed location consistent with the Future Land Use Map? Yes______ No___ _ c. 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. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met
and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require
the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space,
solid waste and schools? Yes______ No______ d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan?
Yes ______ No_______
3 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will
not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met? Yes _______ No________ b. Increase in Height. Pursuant to LDR Section 4.3.4(J) (4)(b)(i)(9), an increase to a maximum height of 60’ may be approved by
the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150’ of any zoning district
which has a maximum height limit of 35’, measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60’ based
upon a finding of compliance with each of the enumerated criteria listed below: (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area
(within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in
height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in height is
only for the added residential use area.
4 (iii)Workforce housing units, equal to at least twenty percent (20%) of the residential units on the top floor, shall be provided within the development onsite, offsite, or through
monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other
applicable provisions of Article 4.7. (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J)(iv)(1), (2) or (3) are met: (1) That for each foot in height
above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback
is required from all setback liens (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD
zone shall adhere to the setback requirements of that district; (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3)
That open areas, such as courtyards, plazas, and landscape setbacks, be provided in order to add interest and provide relief from the building mass. Are these requirements met? Yes _______
No_______ c. Increase in Density. Pursuant to LDR Section 4.4.13(I), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional
use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing
5 units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable
performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building
mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building
through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units,
the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the
use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise
rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. (f) The development promotes pedestrian movements by providing convenient access
from the residential units to the public sidewalk system.
6 (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front
street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for
the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates
innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements
met? Yes _______ No_______ 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements
in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record
submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings.
7 6. Based on the entire record before it, the City Commission approves ____ denies ____ the conditional use request set forth above subject to the conditions set forth in Exhibit A,
attached hereto and made a part hereof, and hereby adopts this order this 4th day of December, 2012, by a vote of _____ in favor of denial and _____ opposed. _____________________________
Nelson S. McDuffie, Mayor ATTEST: _______________________________ Chevelle Nubin City Clerk
EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC PLAZA II 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That any
potential conflicts at the circular driveway as it relates to multiple functions be addressed during the site plan review process. 3. That the applicant contributes the cost of a shuttle
bus to the City and details of a shuttle stop in the development be finalized during the site approval process. 4. That modification to NE 7th Avenue and NE 1st Street (including potentially
restricting NE 7th Avenue to southbound only at NE 1st Street) and or funding of a traffic signal at NE 6th Avenue and NE 1st Street is considered during site plan approval to reduce
concerns over encroachment into the neighborhoods from this site. 5. That a written finding of concurrency approval from the School District be submitted. 6. That provision of the bus
shelter and easement is addressed during the site plan review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue.
8. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan.
9. That a minimum of 75% of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings I and II are devoted to display windows and to entrances.
10. That a dedication of 7 feet be provided for Atlantic Avenue east of NE 7th Avenue. 11. That at least one building achieves the designation as “LEED for Neighborhood Development (certified).”
12. That revised floor plans are submitted that reflect the revised residential unit count. 13. That a final finding of concurrency be conducted as part of the site plan process to address
the current revision.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony W. Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:November 28, 2012
SUBJECT:AGENDA ITEM 8.S.5 - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
PURCHASE AWARD/ FEDERAL EASTERN INTERNATIONAL
ITEM BEFORE COMMISSION
The Police Department requests Commission approval for the purchase of replacement ballistic bullet
proof vests from Federal Eastern International in t he amount of $53,341.
BACKGROUND
This year, the ballistic bullet proof vests current ly being used by the Department’s SWAT team will
have exceeded the manufacturer’s recommended life expectancy and will no longer be under warranty.
For this reason, they must be replaced. The Departm ent’s Training Unit has conducted extensive
research into the best and most cost effective opti ons for replacement. Based on their testing, the
Department recommends purchase of the Siege-R Tactical Vest from Federal Eastern. This vest
employs patent pending technology which: 1) allows the wearer to release the vest quickly in an
emergency, 2) reduces the weight of the vest by bet ween 20-40% and 3) utilizes a more durable carrier,
allowing the manufacturer to offer a lifetime warra nty (see attached memo dated 10/29 for additional
details). The vendor, Federal Eastern, is the sole source law enforcement distributor for Renegade
Armor, the manufacturer of this vest (letter also a ttached).
An evaluation of the cost of comparable vests was c onducted (comparison quotes attached). While the
traditional vests appear slightly less expensive in itially, they are more costly in the long run. Furt her, the
older vests do not provide the functionality listed above. The Federal Eastern Vests, manufactured by
Renegade Armor, have a lifetime warranty on the car riers. This means that only the ballistics would
need to be replaced after five years. The anticipat ed savings at the five year point would be in the r ange
of $33,000 (see attached memo for further details).
FUNDING SOURCE
Funding is available in #001-2115-521-64.90 pending budget transfer ($16,800 of this purc hase is
reimbursable through our Bullet Proof Vest award pr ogram).
RECOMMENDATION
The Police Department recommends approval.
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
To: Sharon L’Herrou
From: Sergeant John Crane-Baker JCB
Training and Recruiting
Date: November 12, 2012
Subject: SWAT VEST PURCHASE
Per our conversation, I have conducted a cost analysis of t he Renegade Vests versus
purchasing a vest from another company. As you will see, the Renegade vest will
provide us with a substantial savings after five (5) ye ars.
Provided are two quotes from respectable companies that can provide us with semi-
comparable vests. The first quote is from Tactical Product s Group for $45,000 and the
second one is from Point Blank for $44,346 . Both provide the same level of protection
with Level IIIA armor and all the attachments (groin, neck and biceps). Additionally, they
both provide a six (6) pouch package and two (2) hard armor plates per vest.
The difference between these two companies and Renegade is that Renegade has a
lifetime warranty on all their carriers and pouches. If there ever is an issue with a carrier
or pouch, Renegade will replace them free of charge. This will keep our carriers and
pouches in good condition. This means that in five (5) years we will only need to replace
the ballistic package rather than replace the entire ve st. The cost of each ballistic
package is $551.68 per vest. The cost for twenty (20) ballistic packages i s $11,033.60 .
To replace the vests from Point Blank or Tactical Produ cts Group we will need to spend
an additional $44,000 to $45,000 in five (5) years as they don’t provide a lifetime
warranty on their carriers or pouches. This is a minimum of $33,000 savings, assuming
that in five (5) years the cost for ballistics has not incr eased. As you can see the savings
will come after the five (5) year mark when we need t o replace the ballistic package.
Another reason to go with Renegade rather than the o ther two companies is that
Renegade will buy back our old expired ballistics at a rate of $2.00 to $2.50 per pound.
This can be used to offset the costs of the vests as well as create some much needed
room in our armory. Obviously, I don’t know exactly h ow much of a savings this will be
until we send off the old expired ballistics. Regardless , our recommendation is to spend
a little more now to save later on.
If you have any questions or concerns, please feel free to contact me so that I may
answer them promptly.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:November 30, 2012
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
LETTER OF INTENT: CCC/ ARTS GARAGE
ITEM BEFORE COMMISSION
Direction regarding a Letter of Intent from the Cre ative City Collaborative regarding the OSS retail
space.
BACKGROUND
Staff has received a letter of intent regarding the purchase of the OSS retail space from the Creative City
Collaborative in the amount of $2,500,000.00. Staff is seeking Commission direction regarding this
latest letter of intent.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Pape, AICP, FCP, Senior Planner
Mark McDonnell, AICP, Assistant Director of Plannin g and Zoning
THROUGH:City Manager
DATE:November 30, 2012
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
CONDITIONAL USE REQUESTS/ATLANTIC PLAZA II
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of conditional use requests to increase t he
building height to a maximum of 60 feet (59 feet 4 inches proposed) and to allow a density increase
above 30 dwelling units per acre (43 du/ac proposed ) for Atlantic Plaza II, which is a proposed mixed
use development on the north side of Atlantic Avenu e, south of N.E. 1stStreet, east of N.E. 6 th Avenue,
and west of Veterans Park.
BACKGROUND
The City Commission considered the development prop osal at its meeting of November 13, 2012. At
that time, the development proposal consisted of tw o (2) five-story buildings; two (2) four-story
buildings; and two (2) three-story buildings. The commercial component of the de velopment consisted
of 52,021 square feet of retail; 28,204 square feet of restaurant; and 79,071 square feet of office. T he
residential portion of the development included 442 dwelling units comprised of 70 efficiency units;
151 one-bedroom units; 208 two-bedroom units; and 1 3 three-bedroom units. After considerable public
comment and Commission discussion, the project was postponed with the applicant directed to reduce
the intensity of the project.
The applicant has submitted a revised development p roposal that reduces the total number of residentia l
units from 442 dwelling units (51.10 du/ac) to 372 dwelling unit (43 du/ac) for a reduction of 70
dwelling units. The residential mix now consists of 38 efficiency units; 141 one-bedroom units; 180
two-bedroom units; and 13 three-bedroom units. The proposed unit reductions will al l occur within the
"footprint" of the buildings that the City Commissi on previously considered. The reduction is achieved
by making individual dwelling units larger, which c reates a corresponding reduction in the unit count
and density. It is noted that there is no change to the physical layout of the property with respect t o the
building locations, height, driveways, landscaping, courtyards, etc. from what the City Commission
previously considered. The effect of the current pr oposal on parking is a net reduction in the total
number of required parking spaces from 1,092 spaces to 1,000 spaces (92 space reduction). The
reduction in required parking results in an increas e in the number of surplus parking spaces that the
project will have from the previous 70 space surplu s to a 162 space surplus.
The proposed revision will have an insignificant im pact on required findings as they relate to
concurrency levels. It is noted that the minor impa cts on concurrency findings such as schools, solid
waste, parks, and traffic will be addressed as part of the site plan process.
RECOMMENDATION
By Separate Motions:
1. Move to approve the conditional use request to a llow for a building height in excess of 48’ (59 ’
4" proposed) for Atlantic Plaza II , by adopting the findings of fact and law containe d in the staff
report, and finding that the request, and approval thereof, is consistent with the Comprehensive
Plan and meets criteria set forth in Sections 2.4.5 (E)(5), 4.3.4(J)(4)(b), 4.4.13(I), and Chapter 3 of
the Land Development Regulations;
2. Move to approve the conditional use request to allow for a density in excess of 30 units per
acre (43 du/ac) for Atlantic Plaza II , by adopting the findings of fact and law containe d in the
staff report, and finding that the request, and app roval thereof, is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(I), and Chapter 3
of the Land Development Regulations;
With said approvals to be subject to the following conditions:
1. Approval of a site plan by SPRAB that is in gene ral conformance to the submitted sketch plan.
2. That any potential conflicts at the circular dri veway as it relates to multiple functions be
addressed during the site plan review process.
3. That the applicant contributes the cost of a shu ttle bus to the City and details of a shuttle stop in
the development be finalized during the site approv al process.
4. That modification to NE 7 th Avenue and NE 1st Street (including potentially restricting NE 7th Avenue to
southbound only at NE 1st Street) and/or funding of a traffic signal at NE 6th Avenue and NE 1st Stree t is considered
during site plan approval to reduce concerns over t raffic encroachment into the neighborhoods from thi s site.
5. That a written finding of concurrency approval f rom the School District be submitted.
6. That provision of the bus shelter and easement i s addressed during the site plan review process.
7. That a minimum of two additional bicycle racks b e provided along Federal Highway and two
along Atlantic Avenue.
8. That the provision of workforce housing units be addressed per an agreement to be approved
by the Community Improvement Director and executed prior to certification of the site plan.
9. That a minimum of 75% of the surface area of the front street walls along Atlantic Avenue at
the ground floor area of buildings I and II are dev oted to display windows and to entrances.
10. That a dedication of 7 feet be provided for Atl antic Avenue east of NE 7th Avenue.
11. That at least one building achieves the designa tion as "LEED for Neighborhood Development
(certified)."
12. That revised floor plans are submitted that ref lect the revised residential unit count.
13. That a final finding of concurrency be conducte d as part of the site plan process to address the
current revision.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC P LAZA II
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request to increase the bu ilding
height to a maximum of 60 feet and to increase the residential
density of the project to 43 dwelling units per acr e for the
Atlantic Plaza II development has come before the C ity
Commission on December 4, 2012.
2. The Applicant and City staff presented document ary
evidence and testimony to the City Commission perta ining to the
conditional use request for the Atlantic Plaza II d evelopment.
All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subse ctions I and
II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Object ive
A-1 : This objective requires that the property shall b e
developed or redeveloped as it pertains to height, in a manner
so that the future use and intensity is appropriate in terms of
soil, topographic, and other applicable physical co nsiderations,
is complementary to adjacent land uses, and fulfill s remaining
land use needs.
Is this objective met?
Yes No ___
b. Future Land Use Map : The resulting use of land or
structures must be allowed in the zoning district w ithin which
2
the land is situated and said zoning must be consis tent with the
applicable land use designation as shown on the Fut ure Land Use
Map. The subject property has a Future Land Use M ap
designation of Commercial Core and is zoned Central Business
District.
Future Land Use - Is project’s proposed location
consistent with the Future Land Use Map?
Yes______ No___ _
c. Concurrency : Facilities which are provided by, or
through, the City shall be provided to new developm ent
concurrent with issuance of a Certificate of Occupa ncy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 o f the
Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs o f the
requested land use and/or development application w ill not
exceed the ability of the City to fund and provide, or to
require the provision of, needed capital improvemen ts for the
following areas:
Are the concurrency requirements met as respect to
water, sewer, drainage, streets and traffic, parks,
open space, solid waste and schools?
Yes______ No______
d. Consistency : Will the granting of the conditional
use be consistent with and further the goals and po licies of the
Comprehensive Plan?
Yes ______ No_______
3
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings: (Conditiona l
Use): Pursuant to Section 2.4.5(E)(5), in addition to
provisions of Chapter 3, the conditional use will n ot:
i. Have a significantly detrimental effect upon th e
stability of the neighborhood within
which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes _______ No________
b. Increase in Height. Pursuant to LDR Section 4.3.4(J)
(4)(b)(i)(9), an increase to a maximum height of 60 ’ may be
approved by the City Commission as a conditional us e for
property within the Central Core portion of the CBD (Central
Business District), except for that portion within 150’ of any
zoning district which has a maximum height limit of 35’,
measured from the property line of the CBD zoned pr operty. The
City Commission may approve an increase in height t o a maximum
height of 60’ based upon a finding of compliance wi th each of
the enumerated criteria listed below:
(ii) That the increase in height will not provide f or,
nor accommodate, an increase in the floor area
(within the structure) beyond that which could be
accommodated by development which adheres to a
height limitation of 48 feet, except for the
following situations:
(1) An increase in height is allowed when the
increase from 48 feet to 60 feet is for the
purpose of accommodating residential use on
the top floor of the structure; however, the
increase in height is only for the added
residential use area.
4
(iii)Workforce housing units, equal to at least twe nty
percent (20%) of the residential units on the top
floor, shall be provided within the development
onsite, offsite, or through monetary
contributions as referenced in Article 4.7
(fractions shall be rounded up). The workforce
housing units shall be at the low or moderate
income levels and shall comply with other
applicable provisions of Article 4.7.
(iv) That the increase in height shall be allowed i f
two or more of subsections 4.3.4(J)(iv)(1), (2)
or (3) are met:
(1) That for each foot in height above 48 feet,
an additional building setback of two feet
is provided from the building setback lines
which would be established for a 48-foot
tall structure. The additional setback is
required from all setback liens (i.e.,
front, side, and rear) for the portion of
the building that extends above 48 feet. In
lieu of this setback requirement, buildings
in the CBD zone shall adhere to the setback
requirements of that district;
(2) That a minimum of 50% of the ground floor
building frontage consist of nonresidential
uses (excluding parking);
(3) That open areas, such as courtyards, plazas,
and landscape setbacks, be provided in order
to add interest and provide relief from the
building mass.
Are these requirements met?
Yes _______ No_______
c. Increase in Density. Pursuant to LDR Section
4.4.13(I), an increase in density greater than 30 d welling units
per acre may be approved by the City Commission as a conditional
use for property within the Central Core portion of the CBD,
provided that 20% of the residential units above 30 dwelling
units per acre in the commercial core shall be work force housing
5
units. The workforce housing units shall be divide d between low
and moderate income levels and shall be provided ei ther onsite,
offsite or through a monetary contribution.
1. The applicable performance standards for
development under this section are met as follows:
(a) The development offers variation in design
to add interest to the elevations and relief from t he
building mass.
(b) If the building includes a parking garage as
an associated structure or within the principal bui lding,
the garage elevation provides unified design elemen ts with
the main building through the use of similar buildi ng
materials and color, vertical and horizontal elemen ts, and
architectural style.
(c) A number of different unit types, sizes and
floor plans are available within the development. Two and
three bedroom units are encouraged, as are a combin ation of
multi-level units and flats. In projects consistin g of
more than twelve (12) dwelling units, the proportio n of
efficiency or studio type units may not exceed 25% of the
total units.
(d) The project design shall create an overall
unified architectural character and image by the us e of
common elements between the building(s), parking lo t, and
landscaping.
(e) The development provides common areas and/or
amenities for residents such as swimming pools, exe rcise
rooms, storage rooms or lockers, covered parking, g ardens,
courtyards or similar areas and/or amenities.
(f) The development promotes pedestrian
movements by providing convenient access from the
residential units to the public sidewalk system.
6
(g) The development provides opportunities to
share parking, accessways, driveways, etc., with ad joining
properties, or provides additional parking spaces t hat may
be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW
5 th Avenue, NE 1 st Street or SE 1 st Street contain
nonresidential uses on the ground floor. At least 75% of
the surface area of the front street wall(s) at the ground
floor area of each such building is devoted to disp lay
windows and to entrances to commercial uses from ou tside
the building.
(i) The landscape plan for the development
preserves and incorporates existing native vegetati on
(where available), provides new landscaping that is in
excess of minimum standards (in height and quantity ),
demonstrates innovative use of plant material, impr oves
site design, provides useable open space or public plazas,
and maximizes available areas for pedestrian intera ction.
Are these requirements met?
Yes _______ No_______
3. The comments and notes set forth in the staff r eport
are hereby incorporated herein.
4. The City Commission has applied the Comprehensi ve Plan
and LDR requirements in existence at the time the c onditional
use request was submitted.
5. The City Commission finds there is ample and co mpetent
substantial evidence to support its findings in the record
submitted and adopts the facts contained in the rec ord including
but not limited to the staff reports, testimony of experts and
other competent witnesses supporting these findings .
7
6. Based on the entire record before it, the City
Commission approves ____ denies ____ the conditiona l use request
set forth above subject to the conditions set forth in Exhibit
A, attached hereto and made a part hereof, and here by adopts
this order this 4th day of December, 2012, by a vot e of _____ in
favor of denial and _____ opposed.
_____________________________
Nelson S. McDuffie, Mayor
ATTEST:
_______________________________
Chevelle Nubin
City Clerk
EXHIBIT A
TO THE CONDITIONAL USE MODIFICATION
REQUEST FOR ATLANTIC PLAZA II
1. Approval of a site plan by SPRAB that is in general
conformance to the submitted sketch plan.
2. That any potential conflicts at the circular drivew ay as it
relates to multiple functions be addressed during t he site
plan review process.
3. That the applicant contributes the cost of a shuttl e bus to
the City and details of a shuttle stop in the devel opment
be finalized during the site approval process.
4. That modification to NE 7 th Avenue and NE 1 st Street
(including potentially restricting NE 7 th Avenue to
southbound only at NE 1 st Street) and or funding of a
traffic signal at NE 6 th Avenue and NE 1 st Street is
considered during site plan approval to reduce conc erns
over encroachment into the neighborhoods from this site.
5. That a written finding of concurrency approval from the
School District be submitted.
6. That provision of the bus shelter and easement is a ddressed
during the site plan review process.
7. That a minimum of two additional bicycle racks be p rovided
along Federal Highway and two along Atlantic Avenue .
8. That the provision of workforce housing units be ad dressed
per an agreement to be approved by the Community
Improvement Director and executed prior to certific ation of
the site plan.
9. That a minimum of 75% of the surface area of the fr ont
street walls along Atlantic Avenue at the ground fl oor area
of buildings I and II are devoted to display window s and to
entrances.
10. That a dedication of 7 feet be provided for Atlanti c Avenue
east of NE 7 th Avenue.
11. That at least one building achieves the designa tion as
“LEED for Neighborhood Development (certified).”
12. That revised floor plans are submitted that ref lect the
revised residential unit count.
13. That a final finding of concurrency be conducte d as part of
the site plan process to address the current revisi on.
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:54 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: lainielewi@aol.com [mailto:lainielewi@aol.com ]
Sent: Monday, December 03, 2012 9:36 PM
To: McDuffie, Woodie; Frankel, Adam; Gray, Angeleta ; Carney, Tom; Jacquet, Al; Nubin, Chevelle
Subject: Atlantic Plaza
Dear Elected Officials,
At this time I am requesting that the City Commission at the very least, postpone your vote on the mammoth Atlantic
Plaza II for the reasons stated in our attorney's letter t hat has been sent to you by many concerned citizens.
I also believe that Mayor McDuffy needs to recuse himself from any vote as it is public kn owledge, from many sources,
that he accepted campaign money from both Bill Morris and at least 2 of Mr. DeSantis' businesses for his run as
Supervisor of Elections. Delray Beach does not need to be known as a "Pay to Play" city!
This is all so disappointing to someone that loves and has liv ed in this "Village by the Sea" for over 36 years. You are
supposed to protect our way of life, not destroy it.
Sincerely yours,
Lainie Lewis
Pres/LIPOA
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:54 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza II Expansion Project
Fyi.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Laura Weinberg [mailto:lpw513@gmail.com ]
Sent: Monday, December 03, 2012 6:12 PM
To: McDuffie, Woodie; Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; CityClerk@MyDelrayBeach.com ; Nubin,
Chevelle
Subject: Atlantic Plaza II Expansion Project
Dear Delray Beach Mayor, Commissioners and City Clerk:
Since I am not able to attend the important meeti ng regarding the Atlantic Plaza II on December 4th, I am
responding by email instead on behalf of my family.
Our family which has an apartment at the Delray Summit of 1000 Lowry Street is extremely concerned about
the dire health and safety consequences in regard to the proposed Atlantic Plaza II Expansion Project.
If this proposal is carried out there would be a huge influx of automobi les as well as trucks delivering to
restaurants and other establishments. Aside from the ex tensive traffic, the pollution caused by the automobile
and truck exhaust may exceed levels acceptable to th e Environmental Protection Agency (EPA). Has any
agency or planner of this project co nducted an Environmental Impact Statement (EIS) to determine what the air
quality would be as a result of the project ed automotive and truck exhaust pollution?
Moreover, there are studies that link excessive car exha ust with many chronic diseases including heart, asthma
and breast cancer. For example, The Long Island Breast Cancer Study Project which studied the effects of
"Polycyclic Aromatic Hydrocarbons" ( PAHs) found in car and truck exha ust showed that women with the
highest level of PA H-DNA adducts had a 50 percent increased risk of breast cancer .
Occupational exposure studies have looked at workers exposed regularly to gasoline fumes and vehicular
exhaust, major sources of PAHs (as well as benzene). These occupational exposures are associated with an
increased risk of breast cancer for pr e-menopausal women (Petralia, 1999) and also for men. In the case of male
breast cancer, PAHs may increase the risk of brea st cancer specifically in men carrying a BRCA1 or BRCA2
mutation (Palli, 2004).
2
A recent case-control study in western New York State i ndicated that very early life exposure (around the time
of birth) to high levels of total su spended particulates, a pr oxy measure for PAH levels, is associated with
increased risk of breast can cer in post-menopausal women.
Since U.S. statistics currently show that 1 in 8 wo men will be diagnosed with breast cancer during their
lifetime, why would we want to place Delray Beach residents at risk?
We hope that you will listen to your concerned cons tituents and not move forward with the proposed
development plan of Atlantic Plaza II. We believe that the proposed plan will sign ificantly and permanently
degrade the quality of life in Delray Beach.
Thank you for your attention to this matter.
Sincerely yours,
Laura Weinberg
Delray Summit, 1000 Lowry Street
Delray Beach
1000 Lowry Street
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:55 AM
To:Wynn, Kimberly
Subject:FW: letter 20121102 regarding Atlantic Plaza
Attachments:letter 20121102.pdf
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Arlen D. Dominek [mailto:adominek@bellsouth.net]
Sent: Monday, December 03, 2012 3:56 PM
To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie
Cc: Nubin, Chevelle
Subject: letter 20121102 regarding Atlantic Plaza
I ask you to not approve any new conditional use requests for Atlantic Plaza since such these requests, if
implemented, will have adverse effects upon the neighborhoods around the development. The City has
already approved a project that was acceptable to the City, the developer, and the residents of Delray.
Undoubtedly, you’re aware of the arguments that I’m presenting throughout the rest of this letter and really
don’t need to wade through all of my words. But, I do think that the pictures are pretty powerful in terms of
what can work, what makes a nice neighborhood, and what fails.
Why should the existing residents of Delray Beach—those who have a large, personal stake in this city and
have invested their faith and income in this locale—have to accept a diminished quality of life so that a
developer can maximize his return on an investment made at the peak of a real estate bubble when he now
has access to inexpensive capital for rental development?
Do we really understand the viability of this project? Just how complete and accurate is the pro forma? Is
there really a demand for $55+ per square foot retail and office space? Why should we have to bear additional
infrastructure and operational costs that will be imposed by a development for which additional tax revenues
will go into the coffers of the CRA, rather than the City’s operational budget? Should the taxpayers be asked
to shoulder the risk?
Anything that has been perceived by so many Delray residents throughout the City as being both undesirable
and adverse will surely result in the project’s delay.
Traffic:
2
Additional traffic congestion is inevitable once a project of this density and occupancy opens, and it
will exacerbate the gridlock of downtown.
Traffic will increase within the residential areas immediately surrounding the project as people
search for alternatives to Federal and Atlantic.
Currently, on a typical Saturday, travel over a two block stretch of Atlantic Avenue required nearly
10 minutes to get from the east side of the bridge to seventh after the bridge reopened. Atlantic
was at a standstill west of sixth.
Height:
Delray’s low skyline is a crucial
element in defining the unique
character of our
community. Without it, Delray
risks losing that character and
simply becoming
indistinguishable in the
concrete and asphalt urban
coastline.
Those who justify the height of
this development by using
more recently constructed
Another of Fort Lauderdale’s new tall, dense
developments situated in a neighborhood that’s
only one to two stories.
buildings with higher heights obtained under conditional use, and the Barr Terrace, a building that
lead to Delray Beach imposing height limits, demonstrate an inability to learn from past
mistakes. As the saying goes, two wrongs do not make a right.
Allowing this greater height will serve as a precedent for increase heights for other buildings, and
you will face the argument that you allowed it for other developers and must allow it for every
future applicant then before you. There are already two additional conditional use requests before
you beyond that are asking for conditional use approvals. If height limits are not protected, we will
have canyons like Boca and Fort Lauderdale.
Density:
The proposed density combined with the clearly inadequate amount of parking for combined residential
and commercial use is unacceptable. Many existing residents—investors in the city of Delray Beach ‐‐feel
that our property values will be diminished because of the adverse effects of the project as proposed.
Do we really need to jam more and more people into smaller and smaller spaces? How does that affect
the quality of life in Delray?
The promise of the developer to require one year leases to minimize turnover is but a promise. Plus, leases
typically have a sublet provision. The small size of these units and the preponderance of studios and one ‐
bedroom units will not encourage occupancy by more affluent residents who are able to afford the
expensive restaurants and boutiques that will presumably accompany the commercial development of this
plat. We will likely see extensive apartment sharing.
In addition, I understand that the parking allowances have been diminished in the most recent
iteration. The number was insufficient to begin with and will be an ongoing source of problems in a car ‐
oriented mixed ‐use development.
Feel and Ambience
3
The feel and ambience described by the current proposal is not consistent with what a majority of
residents in the nearby neighborhoods want and probably not consistent with what many residents of
Delray want as well.
Downtown Atlantic Avenue increasingly feels like a strip of nightclubs and bars at night. We don’t need
this activity to move further east, thereby depriving the current residents in the area of the quiet
enjoyment of their homes. We don’t want – and we don’t need ‐ another South Beach or an Ybor City on
our doorsteps. It would adversely affect our neighborhoods and community.
Some people have mentioned that Atlantic Plaza could be like a Lincoln Road or a City Place. However, we
must question whether those are appropriate models for Delray to aspire to. Why not look to examples
like Naples, Florida or Charleston, South Carolina?
Compare these pristine sidewalk
scenes in Naples to Delray Beach
street scenes.
Cigarette butts on the sidewalk
outside of a Delray bar at
10AM.
A typical scene in Delray Bea
can be found up and down t h
streets.
4
Scenes from Naples, Florida, where
the downtown is flourishing
WITHOUT new buildings that are five
or six stories,
yet offering offices and apartments
and
banks
and a high ‐end inn.
5
A pleasant residential development of
low height just off of Fifth in Naples.
King Street in downtown Charleston – a
retail mecca with interesting boutiques,
antique shops, and restaurants.
And a new building in
A new building, three stories in height, in
Charleston. Both Charleston and Naples demonstrates
the ability to create vibrant mixed use neighborhood
without having to erect buildings of excessive height.
Many artists and galleries have simply been priced out of Delray. They can’t afford the expensive rents that
our new construction and high prices demand. The same applies to many of the new small businesses that
enhance Delray, but have located in older buildings.
6
But Naples did allow a mixed use
complex with canyons and rentals. It
made the developer money. It was
constructed at least four years ago, and
there are empty store fronts still.
It’s not a particularly successful
project. It does provide housing, but it’s
pretty devoid of street and of retail
traffic.
We do not need an open air shopping mall like City Place or the Village of Gulfstream Park in Hallandale. The
latter is already showing the signs of wear and tear of poor construction, and its retail space has not been fully
rented out – even after several years of operation.
The already decaying construction of The Village
of Gulfstream Park, an open ‐air shopping center
developed not along ago in Hallandale, Florida.
Part of the charm of empty stores in The Village
of Gulfstream Park.
In summary, I ask you to not approve the additional conditional use requests for Atlantic Plaza because they
will have adverse effects upon the neighborhoods around that ground.
Best regards,
Arlen D. Dominek
50 East Road
Delray Beach, Florida 33483
Dominek 2012 December 02 Page 1 of 6
I ask you to not approve any new conditional us e requests for Atlantic Plaza since such these
requests, if implemented, will have adverse effects upon the neighborhoods around the
development. The City has already approved a project that was acceptable to the City, the
developer, and the residents of Delray.
Undoubtedly, you’re aware of the arguments that I’m presenting throughout the rest of this
letter and really don’t need to wade through all of my words. But, I do think that the pictures
are pretty powerful in terms of what can work, what makes a nice neighborhood, and what
fails.
Why should the existing residents of Delray Beach—those who have a large, personal stake in
this city and have invested their faith and income in this locale—have to accept a diminished
quality of life so that a developer can maximize his return on an investment made at the peak
of a real estate bubble when he now has access to inexpensive capital for rental development?
Do we really understand the viability of this pr oject? Just how complete and accurate is the pro
forma? Is there really a demand for $55+ pe r square foot retail and office space? Why should
we have to bear additional infrastructure and operational costs that will be imposed by a
development for which additional tax revenues will go into the coffers of the CRA, rather than
the City’s operational budget? Should the taxpayers be asked to shoulder the risk?
Anything that has been perceived by so many Delray residents throughout the City as being
both undesirable and adverse will surely result in the project’s delay.
Traffic:
Additional traffic congestion is inevitable once a project of this density and occupancy
opens, and it will exacerbate the gridlock of downtown.
Traffic will increase within the residential areas immediately surrounding the project
as people search for alternatives to Federal and Atlantic.
Currently, on a typical Saturday, travel over a two block stretch of Atlantic Avenue
required nearly 10 minutes to get from the east side of the bridge to seventh after
the bridge reopened. Atlantic was at a standstill west of sixth.
Height:
Delray’s low skyline is a crucial
element in defining the unique
character of our community.
Without it, Delray risks losing
that character and simply
becoming indistinguishable in
the concrete and asphalt urban
coastline.
Those who justify the height of
this development by using
more recently constructed
Another of Fort Lauderdale ’s new tall, d ense
developments situated in a neighborhood
that’s only one to two stories.
Dominek 2012 December 02 Page 2 of 6
buildings with higher heights obtained under conditional use, and the Barr Terrace, a
building that lead to Delray Beach imposing height limits, demonstrate an inability to
learn from past mistakes. As the saying goes , two wrongs do not make a right.
Allowing this greater height will serve as a precedent for increase heights for other
buildings, and you will face the argument that you allowed it for other developers and
must allow it for every future applicant then before you. There are already two
additional conditional use requests before you beyond that are asking for conditional
use approvals. If height limits are not protected, we will have canyons like Boca and
Fort Lauderdale.
Density:
The proposed density combined with the clearly inadequate amount of parking for
combined residential and commercial use is unacceptable. Many existing residents—
investors in the city of Delray Beach--fee l that our property values will be diminished
because of the adverse effects of the project as proposed.
Do we really need to jam more and more people into smaller and smaller spaces? How
does that affect the quality of life in Delray?
The promise of the developer to require one year leases to minimize turnover is but a
promise. Plus, leases typically have a sublet provision. The small size of these units and the
preponderance of studios and one-bedroom units will not encourage occupancy by more
affluent residents who are able to afford the expensive restaurants and boutiques that will
presumably accompany the commercial development of this plat. We will likely see
extensive apartment sharing.
In addition, I understand that the parking allowances have been diminished in the most
recent iteration. The number was insufficie nt to begin with and will be an ongoing source
of problems in a car-oriented mixed-use development.
Feel and Ambience
The feel and ambience described by the current proposal is not consistent with what a
majority of residents in the nearby neighborhoo ds want and probably not consistent with
what many residents of Delray want as well.
Downtown Atlantic Avenue increasingly feels lik e a strip of nightclubs and bars at night. We
don’t need this activity to move further east, thereby depriving the current residents in the
area of the quiet enjoyment of their homes. We don’t want – and we don’t need - another
South Beach or an Ybor City on our doorsteps. It would adversely affect our neighborhoods
and community.
Some people have mentioned that Atlantic Plaza could be like a Lincoln Road or a City Place.
However, we must question whether those are appropri ate models for Delray to aspire to.
Why not look to examples like Naples , Florida or Charleston, South Carolina?
Dominek 2012 December 02 Page 3 of 6
Compare t hese
pristine sidewalk
scenes in Naples to
Delray Beach street
scenes.
Cigarette but t s on
the sidewalk
outside of a Delray
bar at 10AM.
A typical scene in Delray Beach.
Plastic and glass cups can be found
up and down the Avenue and
neighboring streets.
Dominek 2012 December 02 Page 4 of 6
Scenes from Naples, Florida, where
the downt own is flourishing
WITHOUT new buildings that are five
or six stories ,
yet offering offices and apartments
and banks
and a high-end inn.
Dominek 2012 December 02 Page 5 of 6
A pleasant residential development of
low height just off of Fifth in Naples.
K ing Street in downtown
Charleston – a retail mecca with
interesting boutiques, antique
shops, and re staurants.
And a new building in
A new building, three stories in height, in
Charleston. Both Charleston and Naples
demonstrates the ability to create vibrant
mixed use neighborhood without having to
erec t buildings of excessive height.
Many artists and galleries have simply been priced out of Delray. They can’t afford the
expensive rents that our new construction and high pri ces demand. The same applies to many
of the new small businesses that enhance Delray, but have located in older buildings.
Dominek 2012 December 02 Page 6 of 6
But Napl es did allow a mixed
use complex with canyons and
rentals. I t made the developer
money. It was constructed at
least four years ago, and there
are empty store fronts still.
It ’s not a particularly successful
pr oject. It does provide
housing , but it’s pretty devoid
of street and of retail traffic.
We do not need an open air shopping mall like City Place or the Village of Gulfstream Park in
Hallandale. The latter is already showing the signs of wear and tear of poor construction, and
its retail space has not been fully rented out – even after several years of operation.
The already decaying construction of The
Village of Gulfstream Park, an open -air
shopping center developed not along ago in
Ha llandale, Florida.
Part of the charm of empty stores in The
Village of Gulfstream Park.
In summary, I ask you to not approve the additional conditional use requests for Atlantic Plaza
because they will have adverse effects upon the neighborhoods around that ground.
Best regards,
Arlen D. Dominek
50 East Road
Delray Beach, Florida 33483
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:55 AM
To:Wynn, Kimberly
Subject:FW: letter 20121102 regarding Atlantic Plaza
Attachments:letter 20121102.pdf
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Arlen D. Dominek [mailto:adominek@bellsouth.net]
Sent: Monday, December 03, 2012 3:56 PM
To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie
Cc: Nubin, Chevelle
Subject: letter 20121102 regarding Atlantic Plaza
I ask you to not approve any new conditional use requests for Atlantic Plaza since such these requests, if
implemented, will have adverse effects upon the neighborhoods around the development. The City has
already approved a project that was acceptable to the City, the developer, and the residents of Delray.
Undoubtedly, you’re aware of the arguments that I’m presenting throughout the rest of this letter and really
don’t need to wade through all of my words. But, I do think that the pictures are pretty powerful in terms of
what can work, what makes a nice neighborhood, and what fails.
Why should the existing residents of Delray Beach—those who have a large, personal stake in this city and
have invested their faith and income in this locale—have to accept a diminished quality of life so that a
developer can maximize his return on an investment made at the peak of a real estate bubble when he now
has access to inexpensive capital for rental development?
Do we really understand the viability of this project? Just how complete and accurate is the pro forma? Is
there really a demand for $55+ per square foot retail and office space? Why should we have to bear additional
infrastructure and operational costs that will be imposed by a development for which additional tax revenues
will go into the coffers of the CRA, rather than the City’s operational budget? Should the taxpayers be asked
to shoulder the risk?
Anything that has been perceived by so many Delray residents throughout the City as being both undesirable
and adverse will surely result in the project’s delay.
Traffic:
2
Additional traffic congestion is inevitable once a project of this density and occupancy opens, and it
will exacerbate the gridlock of downtown.
Traffic will increase within the residential areas immediately surrounding the project as people
search for alternatives to Federal and Atlantic.
Currently, on a typical Saturday, travel over a two block stretch of Atlantic Avenue required nearly
10 minutes to get from the east side of the bridge to seventh after the bridge reopened. Atlantic
was at a standstill west of sixth.
Height:
Delray’s low skyline is a crucial
element in defining the unique
character of our
community. Without it, Delray
risks losing that character and
simply becoming
indistinguishable in the
concrete and asphalt urban
coastline.
Those who justify the height of
this development by using
more recently constructed
Another of Fort Lauderdale’s new tall, dense
developments situated in a neighborhood that’s
only one to two stories.
buildings with higher heights obtained under conditional use, and the Barr Terrace, a building that
lead to Delray Beach imposing height limits, demonstrate an inability to learn from past
mistakes. As the saying goes, two wrongs do not make a right.
Allowing this greater height will serve as a precedent for increase heights for other buildings, and
you will face the argument that you allowed it for other developers and must allow it for every
future applicant then before you. There are already two additional conditional use requests before
you beyond that are asking for conditional use approvals. If height limits are not protected, we will
have canyons like Boca and Fort Lauderdale.
Density:
The proposed density combined with the clearly inadequate amount of parking for combined residential
and commercial use is unacceptable. Many existing residents—investors in the city of Delray Beach ‐‐feel
that our property values will be diminished because of the adverse effects of the project as proposed.
Do we really need to jam more and more people into smaller and smaller spaces? How does that affect
the quality of life in Delray?
The promise of the developer to require one year leases to minimize turnover is but a promise. Plus, leases
typically have a sublet provision. The small size of these units and the preponderance of studios and one ‐
bedroom units will not encourage occupancy by more affluent residents who are able to afford the
expensive restaurants and boutiques that will presumably accompany the commercial development of this
plat. We will likely see extensive apartment sharing.
In addition, I understand that the parking allowances have been diminished in the most recent
iteration. The number was insufficient to begin with and will be an ongoing source of problems in a car ‐
oriented mixed ‐use development.
Feel and Ambience
3
The feel and ambience described by the current proposal is not consistent with what a majority of
residents in the nearby neighborhoods want and probably not consistent with what many residents of
Delray want as well.
Downtown Atlantic Avenue increasingly feels like a strip of nightclubs and bars at night. We don’t need
this activity to move further east, thereby depriving the current residents in the area of the quiet
enjoyment of their homes. We don’t want – and we don’t need ‐ another South Beach or an Ybor City on
our doorsteps. It would adversely affect our neighborhoods and community.
Some people have mentioned that Atlantic Plaza could be like a Lincoln Road or a City Place. However, we
must question whether those are appropriate models for Delray to aspire to. Why not look to examples
like Naples, Florida or Charleston, South Carolina?
Compare these pristine sidewalk
scenes in Naples to Delray Beach
street scenes.
Cigarette butts on the sidewalk
outside of a Delray bar at
10AM.
A typical scene in Delray Bea
can be found up and down t h
streets.
4
Scenes from Naples, Florida, where
the downtown is flourishing
WITHOUT new buildings that are five
or six stories,
yet offering offices and apartments
and
banks
and a high ‐end inn.
5
A pleasant residential development of
low height just off of Fifth in Naples.
King Street in downtown Charleston – a
retail mecca with interesting boutiques,
antique shops, and restaurants.
And a new building in
A new building, three stories in height, in
Charleston. Both Charleston and Naples demonstrates
the ability to create vibrant mixed use neighborhood
without having to erect buildings of excessive height.
Many artists and galleries have simply been priced out of Delray. They can’t afford the expensive rents that
our new construction and high prices demand. The same applies to many of the new small businesses that
enhance Delray, but have located in older buildings.
6
But Naples did allow a mixed use
complex with canyons and rentals. It
made the developer money. It was
constructed at least four years ago, and
there are empty store fronts still.
It’s not a particularly successful
project. It does provide housing, but it’s
pretty devoid of street and of retail
traffic.
We do not need an open air shopping mall like City Place or the Village of Gulfstream Park in Hallandale. The
latter is already showing the signs of wear and tear of poor construction, and its retail space has not been fully
rented out – even after several years of operation.
The already decaying construction of The Village
of Gulfstream Park, an open ‐air shopping center
developed not along ago in Hallandale, Florida.
Part of the charm of empty stores in The Village
of Gulfstream Park.
In summary, I ask you to not approve the additional conditional use requests for Atlantic Plaza because they
will have adverse effects upon the neighborhoods around that ground.
Best regards,
Arlen D. Dominek
50 East Road
Delray Beach, Florida 33483
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:55 AM
To:Wynn, Kimberly
Subject:FW: Conditional Use Variance for Atlantic Plaza II - City Commission Meeting 12/4/12
Attachments:MSHOA_Objection_Letter_-_120412.doc
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Chris Davey [mailto:cmdavey@aol.com ]
Sent: Monday, December 03, 2012 2:45 PM
To: McDuffie, Woodie; Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al
Cc: Nubin, Chevelle
Subject: Conditional Use Variance for Atlantic Plaza II - City Commission Meeting 12/4/12
Dear Mayor McDuffie, Vice-Mayor Carney, and Commissioners Frankel, Gray, and Jacquet,
Please know that I am writing to you in my capacity as the President of the Mallory Square Homeowner's Association
(HOA).
The five (5) Board Members of the HOA stand in unified oppos ition to the proposed Conditional Use Variance sought by
the developers of Atlantic Plaza II. No t one Board Member has spoken to an owner in the community that supports the
plan. The HOA Board unanimously approved the following statement.
"The Mallory Square HOA Board opposes any Conditional Use Va riance that would allow the Atlantic Plaza II project
density greater than the 30 residential units per acre that is allowed per the Delray Beach City Code and Master
Plan. The HOA Board also believes that the parking facilitie s must be built in conformance to the City Code and that no
reduction in the amount of parking requir ed under the present City Code should be gr anted. Increased density is a great
concern as future development takes place in Delray Beach, and projects, especially ones of this size and location, should
be built in accordance with the Master Plan and City Code."
Mallory Square is a development of 84 townhomes completed in 2004. The density of our community is 22 units per acre
WITH NO ADDITIONAL commercial office, reta il, or restaurant space. Like Atlantic Plaza, our development is located on
Federal Highway. We are three (3) blocks s outh of the planned Atlantic Plaza II development.
Please also see the attached letter from Ralf Brookes, an atto rney Board Certified in City , County and Local Government
law. The positions expressed in his letter are shared by our HOA Board.
It is our sincere hope that the Mayor and City Commission w ill reject the current Conditional Use Variance request, and
any other request that does not conform to the present City Code and Master Plan. The developers of Atlantic Plaza II
should either build with the approvals they obtained in a l ong process with community input, or develop a project that
conforms with the City Code and Master Plan without varianc es. Proceeding with this project in any other manner will
likely result in area residents, HOA's, COA's and community groups addressing their grievances and objections through
the court system. Obviously, that is something we would like to avoid, but will pursue, shoul d the City grant Conditional
Use Variances that increase the density and scope of this project and are objectionable to local residents on many
grounds.
2
Thank you, in advance, fo r your consideration.
Christopher Davey, President
Mallory Square HOA
319 E. Mallory Circle
Delray Beach, FL 33483
1
R A L F B R O O K E S, A T T O R N E Y
Board Certified in City, County and Local Government Law
December 4, 2012
The Mayor and City Commissioners
City of Delray Beach Re: Atlantic Plaza II
100 NW 1 st Ave
Delray Beach, FL 33444
Dear Mayor and City Commissioners:
I represent numerous adjoining and nearby property owners to the proposed project
including the Mallory Square Homeowner’s Association, c/o Chris Davey, HOA President,
319 E. Mallory Circle, Delray Beach Fl 33483. My clients continue to object to the revised
proposed conditional use which is inconsistent with the Comprehensive Plan and not in
compliance with the intent of these Land Development Regulations:
Land Development Regulations:
Sections 2.4.5(E)(5) Conditional Use:
(5) Findings: In addition to provisions of Chapter Three, the City Commission must
make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located.
Section 4.3.4(J)(4)(b)(iv)(3) “That open areas, such as courtyards, plazas, and
landscaped setbacks , be provided in order to add interest and provide relief from the
building mass.”
Section 4.4.13(I) Central Business (CBD) District:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area.
Central Core: The regulations are intended to result in development that
preserves the downtown’s historic moderate scale , while promoting a
balanced mix of uses that will help the area evolve into a traditional, self-
sufficient downtown.
Section 3.2.3 (D) “The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an exis ting neighborhood. lf it is determined that
the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted .”
2
Section 3.2.3 (E) “Development of vacant la nd which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent development regardless of
zoning designations.”
Section 3.2.3 (I)
“Performance Standards These standards sh all apply to all applications for new
development and modification of existing dev elopments which would result in a density
greater than thirty (30) dwelling units per acre in the Commercial Core….
(1)…Notwithstanding the above, the approving body may deny an application for
increased density where it is determined that the proposed project is not
compatible in terms of building mass and intensity of use with surrounding
development .”
Comprehensive Plan
Future Land Use Element , Objective C-3
“The Central Business District (CBD) and surrounding neighborhoods, including A-1-A,
Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a
"village by the sea". The continued revitalizati on of the CBD is essential to achieving the
overall theme of the City's Comprehensive Plan by managing growth and preserving the
charm. The following policies and activities shall be pursued in the achievement of this
objective”
Future Land Use Element , Policy C-3.2:
“Downtown Delray Beach Master Plan represen ts the citizen’s vision for the growth and
unification of Delray Beach, while still retaining the village like community by-the-sea
character of the CBD...Future development in this area shall be consistent with the Master
Plan.”
Transportation Element Objective A-2: “The traffic circulation system, and improvements
thereto, shall be coordinated with new development as depicted on the Future Land Use
Map in order … provide for adequate and safe access …”
Transportation Element Goal "B" : “The maintenance and enhancement of the city's
existing quality of life shall be compliment ed by a convenient, safe and efficient street
system which maintains an optimal level of service. The system shall keep the local traffic
ways of Delray Beach uncongested , thus retaining one of the unique attributes of the
Delray Beach quality of life and providing an environment which is safe for the diversity of
travel habits which are exhibited by Delray Beach residents .”
Transportation Element Goal "C" : “A convenient, safe and efficient transportation network
which emphasizes safety and which meets the needs of residents, both year-round and
seasonal, shall be created. Its focus shall be upon avoiding congestion and
accommodating all forms of travel throughout the city.”
3
Downtown Master Plan:
"Preserve the Character of the City: The City of Delray Beach is a good place to live, shop,
work, and relax. It possesses small town attributes, great physical structure and charm . It
is important to preserve these qualities...” Downtown Master Plan Intro, page 1
“Encourage development without displacement at an appropriate scale : Encourage
development fronting long Atlantic Avenue, with three stories as ideal height and four
stories being the maximum desired height." Downtown Master Plan Intro, page 1
Goal and Objectives - "To create building forms of a character and scale that reinforces
the Citizens' vision of a 'City of urban amenities with a small town feeling .' " Goals and
Objectives Page 4
My clients object to the request to
exceed a height of 48 feet (59’ 4” proposed);
increase the residential density of the project from 30 units dwelling units per acre
to 51.10 proposed dwelling units per acre for total of 442 proposed dwelling units
because my clients will be adversely affected by the proposed :
incompatible uses, mass, scale and density of use
increase in traffic
insufficient parking
adverse transportation impacts of vehicl es on the residential neighborhood.
Please consider our objections to Atlantic Plaza II and make a motion to DENY the
proposed Conditional Use because the project is inconsistent with the Comprehensive Plan
and is not in compliance with City Land Development Code as set forth in the staff report,
Alternative Action “C”. Staff Report page 3 .
Sincerely,
1217 East Cape Coral Parkway #107, Cape Coral, Florida 33904
phone (239) 910-5464 ~ (866) 341-6086 fax
email Ralf@RalfBrookesAttorney.com
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:56 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza II- Request for Continuance
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: John Papaloizos [mailto:savedelraybeach@yahoo.com ]
Sent: Monday, December 03, 2012 2:26 PM
To: Carney, Tom
Cc: Nubin, Chevelle
Subject: Re: Atlantic Plaza II- Request for Continuance
Dear Tom,
Thank you for your reply, I appreciate that you have made the effort to hear from the re sidents that will be most
impacted by the Atlantic Plaza II project.
The community wants an Atlantic Plaza II redevelopmen t but we have a big disconnect with the developer.
Our group has discuss the proposed revisions that will be presented to the City Commission tomorrow evening
and continue to share the following concerns.
The project is still incompa tible with Atlantic Avenue and surrounding us es because it is too massive for this
location (only the interior walls a nd floor plan have been changed):
the size and mass of the structure itsel f has not been reduced in size
the revised density still far exceeds existing density in the area
the revised project furthe r reduces parking spaces
The project's parking and traffic flow patterns will in terfere with existing surrounding uses and traffic and
p arking impacts from this project will spill over into the surrounding neighbor hood and Atlantic Avenue.
The revised project still fails to further the vi sion of the Downtown Plan for Delray Beach "To create building
f orms of a character and scale that reinforces the C itizens' vision of a 'City of urban amenities with a small
town feeling.' Downtown Master Plan, Goal and Objectives.
Thank you for your conti nued consideration.
Sincerely,
John Papaloizos
From: "Carney, Tom" <carney@mydelraybeach.com >
2
To: John Papaloizos <savedelraybeach@yahoo.com >
Sent: Monday, December 3, 2012 2:11 PM
Subject: RE: Atlantic Plaza II- Request for Continuance
John,
I have been reading your emails and thank you for the input (still trying to keep up with the responses).
Tom
From: John Papaloizos [savedelraybeach@yahoo.com]
Sent: Friday, November 30, 2012 3:04 PM
To: McDuffie, Woodie; Carney, Tom; Gray, An geleta; Jacquet, Al; Frankel, Adam
Cc: Nubin, Chevelle; CityManager@MyDelrayBeach.com ; Ralf Brookes
Subject: Atlantic Plaza II- Request for Continuance
Dear Mayor McDuffie, Vice-Mayo r Carney and Commissioners,
We are a coalition of nearby neighb orhoods of Atlantic Plaza II and beyond.
We have attempted to meet with the de veloper of the project to express our concerns and arrive at a project we
can support but have been unable to do so.
Our attorney, Ralf Brookes, has aske d that I resubmit our request for c ontinuance on the matter. Please see
attached.
Thank you for your consideration,
John Papaloizos
561-860-6093
1
R A L F B R O O K E S, A T T O R N E Y
Board Certified in City, County and Local Government Law
City of Delray Beach
Public Hearing December 4 , 2012
Re: Atlantic Plaza II
Dear City of Delray Beach:
I represent numerous adjoining and nearby property owners to the proposed project
including John Papaloi zos residing at Barr Terrace , 50 East Rd., Delray Beach , Fl . 33483.
My clients continue to object to the revised proposed conditional use which is inconsistent
with the Comprehensive Plan and not in compliance with the intent of these Land
Development Regulations:
Land Development Regulations :
Sections 2.4.5(E)(5) Conditional Use:
(5) Findings : In addition to provisions of Chapter Three, the City Commission must
make findings that establishing the conditional us e will not:
(a) Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located.
Section 4.3.4(J)(4)(b)(iv)(3) “That open areas, such as courtyards, plazas, and
landscaped setbacks , be provided in order to a dd interest and provide relief from the
building mass.”
Section 4.4.13(I) Central Business (CBD) District :
(A) Purpose and Intent : The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area.
Central Core: The regulations are intended to result in development that
preserves the downtown’s hi storic moderate scale , while promoting a
balanced mix of uses that will help the area evolve into a traditional, self -
sufficient downtown.
Section 3.2.3 (D) “The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an existing neighborhood. lf it is determined that
the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted .”
2
Section 3.2.3 (E) “Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent development regardless of
zoning designations.”
Section 3.2.3 (I)
“Performance Standards These standards shall apply to all applications for new
development and modification of existing developments which would result in a density
greater than thirty (30) dwelling units per acre in the Commercial Core….
(1)…Notwithstanding the above, the approving body may deny an application for
increased density where it is determined that the proposed project is not
compatible in terms of building mass and intensity of use with surrounding
development .”
Comprehensive Plan
Future Land U se Element , Objective C -3
“The Central Business District (CBD) and surrounding neigh borhoods, including A -1 -A,
Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a
"village by the sea". The continued revitalization of the CBD is essential to achieving the
overall theme of the City's Comprehensive Plan by manag ing growth and preserving the
charm. The following policies and activities shall be pursued in the achievement of this
objective”
Future Land Use Element , Policy C -3.2:
“Downtown Delray Beach Master Plan represents the citizen’s vision for the growth a nd
unification of Delray Beach, while still retaining the village like community by -the -sea
character of the CBD...Future development in this area shall be consistent with the Master
Plan.”
Transportation Element Objective A -2: “The traffic circulation sy stem, and improvements
thereto, shall be coordinated with new development as depicted on the Future Land Use
Map in order … provide for adequate and safe access …”
Transportation Element Goal "B" : “The maintenance and enhancement of the city's
existing q uality of life shall be complimented by a convenient, safe and efficient street
system which maintains an optimal level of service. The system shall keep the local traffic
ways of Delray Beach uncongested , thus retaining one of the unique attributes of the
Delray Beach quality of life and providing an environment which is safe for the diversity of
travel habits which are exhibited by Delray Beach residents .”
Transportation Element Goal "C" : “A convenient, safe and efficient transportation network
which em phasizes safety and which meets the needs of residents, both year -round and
seasonal, shall be created. Its focus shall be upon avoiding congestion and
accommodating all forms of travel throughout the city.”
3
Downtown Master Plan:
"Preserve the Charact er of the City: The City of Delray Beach is a good place to live, shop,
work, and relax. It possesses small town attributes, great physical structure and charm . It
is important to preserve these q ualities...” Downtown Master Plan Intro , page 1
“Encourage development without displacement at an appropriate scale : Encourage
development fronting long Atlantic Avenue, with three stories as ideal height and four
stories being the maximum desired height." Downtown Master Plan Intro, page 1
Goal and Objectiv es - "To create building forms of a character and scale that reinforces
the Citizens' vision of a 'City of urban amenities with a small town feeling .' " Goals and
Objectives Page 4
My clients object to the request to
exceed a height of 48 feet (59’ 4” pr oposed);
increase the residential density of the project from 30 units dwelling units per acre
to 51.10 proposed dwelling units per acre for total of 442 proposed dwelling units
because my clients will be adversely affected by the proposed :
incompati ble uses, mass, scale and density of use
increase in traffic
insufficient parking
adverse transportation impacts of vehicles on the residential neighborhood.
Please consider our objections to Atlantic Plaza II and make a motion to DENY the
proposed C onditional Use because the project is inconsistent with the Comprehensive Plan
and is not in compliance with City Land Development Code as set f orth in the staff report,
A lternative A ction “C”. Staff Report page 3 .
Sincerely,
1217 East Cape Coral Parkway #107, Cape Coral, Florida 33904
phone (239) 910 -5464 ~ (866) 341 -6086 fax
email Ralf@RalfBrookesAttorney.com
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:58 AM
To:Wynn, Kimberly
Subject:FW:
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Jay Cerola [mailto:cerola@bellsouth.net ]
Sent: Monday, December 03, 2012 10:36 AM
To: Jacquet, Al
Cc: Nubin, Chevelle
Subject:
Dear Commissioner Jacquet,
My wife and I were sitting at the Bridge on East Atlantic waiting for it to come down and watching traffic back up to Federal
Highway. We waited about six and a half minutes before it comple ted its cycle. We both wondered how big of a mess this
is going to be with the Plaza here. The entire commission n eeds to come down here some evening with some lawn chairs
and park in front of the Blue Anchor. Commissioner Jacquet , it doesn’t take some heavy-duty consultant’s study to see
the problem, it just takes common sense. Has any of the dev eloper’s consultants figured out how many Cheney Bros.
semis each restaurant is going to require for a delivery every day? Liquor distributors? Beer and wine wholesalers,
garbage trucks all entering on Seventh and double parking as t hey unload. What about when they line up on 1rst trying to
get out on Federal Highway. Seriously now, have they looked at any of this, or have the tax dollar signs just blocked
everyone’s view.
This is a terrific site for a commercial project , probably one of the best in South Florida. Why would you let someone put
in a half baked concept based solely on how much money they ca n get out of it. This project should be a show place that
you can look back at after ten years and be proud of. Why can’t we have as good looking and well designed structure as
the new RR station going into West Palm, which will be desi gned by Skidmore, Owings a nd Merrill assisted by a top
notch Miami architectural firm. Is that going to ta ke too much money out of the developers pockets?
I love this town, we have lived here for 20 years.There has been some good things happening here like the Seagate hotel,
beautifully designed, nicely sited, then y ou look at Worthing Place, a monolithic gr ey block that was actually allowed to
usurp a portion of a City Park rather than infringing on t heir saleable square footage. How many years did Tom Whorral
fight the Commission on that? At least his projects fit into the city rather than on top of it.
The Commission needs to start paying attention to the comment ary from the citizenry, none of us stand to make a buck
from this, we just want our town to stand out without ha ving the world’s largest rock garden sitting on the east end of
Atlantic Ave.
Best Regards,
Jay Cerola
3510 Sherwood Blvd.
Delray Beach, FL 33445
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:58 AM
To:Wynn, Kimberly
Subject:FW:
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Jay Cerola [mailto:cerola@bellsouth.net ]
Sent: Monday, December 03, 2012 10:36 AM
To: Jacquet, Al
Cc: Nubin, Chevelle
Subject:
Dear Commissioner Jacquet,
My wife and I were sitting at the Bridge on East Atlantic waiting for it to come down and watching traffic back up to Federal
Highway. We waited about six and a half minutes before it comple ted its cycle. We both wondered how big of a mess this
is going to be with the Plaza here. The entire commission n eeds to come down here some evening with some lawn chairs
and park in front of the Blue Anchor. Commissioner Jacquet , it doesn’t take some heavy-duty consultant’s study to see
the problem, it just takes common sense. Has any of the dev eloper’s consultants figured out how many Cheney Bros.
semis each restaurant is going to require for a delivery every day? Liquor distributors? Beer and wine wholesalers,
garbage trucks all entering on Seventh and double parking as t hey unload. What about when they line up on 1rst trying to
get out on Federal Highway. Seriously now, have they looked at any of this, or have the tax dollar signs just blocked
everyone’s view.
This is a terrific site for a commercial project , probably one of the best in South Florida. Why would you let someone put
in a half baked concept based solely on how much money they ca n get out of it. This project should be a show place that
you can look back at after ten years and be proud of. Why can’t we have as good looking and well designed structure as
the new RR station going into West Palm, which will be desi gned by Skidmore, Owings a nd Merrill assisted by a top
notch Miami architectural firm. Is that going to ta ke too much money out of the developers pockets?
I love this town, we have lived here for 20 years.There has been some good things happening here like the Seagate hotel,
beautifully designed, nicely sited, then y ou look at Worthing Place, a monolithic gr ey block that was actually allowed to
usurp a portion of a City Park rather than infringing on t heir saleable square footage. How many years did Tom Whorral
fight the Commission on that? At least his projects fit into the city rather than on top of it.
The Commission needs to start paying attention to the comment ary from the citizenry, none of us stand to make a buck
from this, we just want our town to stand out without ha ving the world’s largest rock garden sitting on the east end of
Atlantic Ave.
Best Regards,
Jay Cerola
3510 Sherwood Blvd.
Delray Beach, FL 33445
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:58 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Jay Cerola [mailto:cerola@bellsouth.net ]
Sent: Monday, December 03, 2012 10:33 AM
To: Gray, Angeleta
Cc: Nubin, Chevelle
Subject: Atlantic Plaza
Dear Commissioner Gray
My wife and I were sitting at the Bridge on East Atlantic waiting for it to come down and watching traffic back up to Federal
Highway. We waited about six and a half minutes before it comple ted its cycle. We both wondered how big of a mess this
is going to be with the Plaza here. The entire commission n eeds to come down here some evening with some lawn chairs
and park in front of the Blue Anchor. Ms Gray, it doesn’t take some heavy-duty consultant’s study to see the problem, it
just takes common sense. Has any of the developer’s cons ultants figure out how many Cheney Bros. semis each
restaurant is going to require for a delivery every day? Liquor distributors? Beer and wine wh olesalers, garbage trucks all
entering on Seventh and double parking as they unload. What about when they line up on 1rst trying to get out on Federal
Highway. Seriously now, have they looked at any of this, or have the tax dollar signs just blocked everyone’s view.
This is a terrific site for a commercial project , probably one of the best in South Florida. Why would you let someone put
in a half baked concept based solely on how much money they ca n get out of it. This project should be a show place that
you can look back at after ten years and be proud of. Why can’t we have as good looking and well designed structure as
the new RR station going into West Palm, which will be desi gned by Skidmore, Owings a nd Merrill assisted by a top
notch Miami architectural firm. Is that going to ta ke too much money out of the developers pockets?
I love this town, we have lived here for 20 years.There has been some good things happening here like the Seagate hotel,
beautifully designed, nicely sited, then y ou look at Worthing Place, a monolithic gr ey block that was actually allowed to
usurp a portion of a City Park rather than infringing on t heir saleable square footage. How many years did Tom Whorral
fight the Commission on that? At least his projects fit into the city rather than on top of it.
The Commission needs to start paying attention to the comment ary from the citizenry, none of us stand to make a buck
from this, we just want our town to stand out without ha ving the world’s largest rock garden sitting on the east end of
Atlantic Ave.
Best Regards,
Jay Cerola
3510 Sherwood Blvd.
Delray Beach, FL 33445
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:58 AM
To:Wynn, Kimberly
Subject:FW:
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Jay Cerola [mailto:cerola@bellsouth.net ]
Sent: Monday, December 03, 2012 10:28 AM
To: Frankel, Adam
Cc: Nubin, Chevelle
Subject:
Dear Deputy Mayor Frankel,
My wife and I were sitting at the Bridge on East Atlantic waiting for it to come down and watching traffic back up to Federal
Highway. We waited about six and a half minutes before it comple ted its cycle. We both wondered how big of a mess this
is going to be with the Plaza here. The entire commission n eeds to come down here some evening with some lawn chairs
and park in front of the Blue Anchor. Mr,Frankel, it doesn’t ta ke some heavy-duty consultant’s study to see the problem,
it just takes common sense. Has any of the developer’s co nsultants figure out how many Cheney Bros. semis each
restaurant is going to require for a delivery every day? Liquor distributors? Beer and wine wh olesalers, garbage trucks all
entering on Seventh and double parking as they unload. What about when they line up on 1rst trying to get out on Federal
Highway. Seriously now, have they looked at any of this, or have the tax dollar signs just blocked everyone’s view.
This is a terrific site for a commercial project , probably one of the best in South Florida. Why would you let someone put
in a half baked concept based solely on how much money they ca n get out of it. This project should be a show place that
you can look back at after ten years and be proud of. Why can’t we have as good looking and well designed structure as
the new RR station going into West Palm, which will be desi gned by Skidmore, Owings a nd Merrill assisted by a top
notch Miami architectural firm. Is that going to ta ke too much money out of the developers pockets?
I love this town, we have lived here for 20 years.There has been some good things happening here like the Seagate hotel,
beautifully designed, nicely sited, then y ou look at Worthing Place, a monolithic gr ey block that was actually allowed to
usurp a portion of a City Park rather than infringing on t heir saleable square footage. How many years did Tom Whorral
fight the Commission on that? At least his projects fit into the city rather than on top of it.
The Commission needs to start paying attention to the comment ary from the citizenry, none of us stand to make a buck
from this, we just want our town to stand out without ha ving the world’s largest rock garden sitting on the east end of
Atlantic Ave.
Best Regards,
Jay Cerola
3510 Sherwood Blvd.
Delray Beach, FL 33445
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:58 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Jay Cerola [mailto:cerola@bellsouth.net ]
Sent: Monday, December 03, 2012 10:24 AM
To: Carney, Tom
Cc: Nubin, Chevelle
Subject: Atlantic Plaza
Dear Vice Mayor Carney,
My wife and I were sitting at the Bridge on East Atlantic waiting for it to come down and watching traffic back up to Federal
Highway. We waited about six and a half minutes before it comple ted its cycle. We both wondered how big of a mess this
is going to be with the Plaza here. The entire commission n eeds to come down here some evening with some lawn chairs
and park in front of the Blue Anchor. Mr,Carney, it doesn’t take some heavy-duty consultant’s study to see the problem, it
just takes common sense. Has any of the developer’s cons ultants figure out how many Cheney Bros. semis each
restaurant is going to require for a delivery every day? Liquor distributors? Beer and wine wh olesalers, garbage trucks all
entering on Seventh and double parking as they unload. What about when they line up on 1rst trying to get out on Federal
Highway. Seriously now, have they looked at any of this, or have the tax dollar signs just blocked everyone’s view.
This is a terrific site for a commercial project , probably one of the best in South Florida. Why would you let someone put
in a half baked concept based solely on how much money they ca n get out of it. This project should be a show place that
you can look back at after ten years and be proud of. Why can’t we have as good looking and well designed structure as
the new RR station going into West Palm, which will be desi gned by Skidmore, Owings a nd Merrill assisted by a top
notch Miami architectural firm. Is that going to ta ke too much money out of the developers pockets?
I love this town, we have lived here for 20 years.There has been some good things happening here like the Seagate hotel,
beautifully designed, nicely sited, then y ou look at Worthing Place, a monolithic gr ey block that was actually allowed to
usurp a portion of a City Park rather than infringing on t heir saleable square footage. How many years did Tom Whorral
fight the Commission on that? At least his projects fit into the city rather than on top of it.
The Commission needs to start paying attention to the comment ary from the citizenry, none of us stand to make a buck
from this, we just want our town to stand out without ha ving the world’s largest rock garden sitting on the east end of
Atlantic Ave.
Best Regards,
Jay Cerola
3510 Sherwood Blvd.
Delray Beach, FL 33445
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:59 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza II
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: William Morris [mailto:bill@southcp.com ]
Sent: Monday, December 03, 2012 9:25 AM
To: Joan Korostoff; Carney, Tom; Frankel, Adam ; Gray, Angeleta; Jacque t, Al; McDuffie, Woodie
Cc: Nubin, Chevelle
Subject: RE: Atlantic Plaza II
The revised plan that has been submitted for approval by the Delray Beach City Commission next Tuesday
evening provides a meaningful reduction in density especially west of 7 th , larger residential units, along with a request
that will be made to the Commission by the Developer that as a condition of approval that the Developer supports and
will pay for the full closure of 7 th Avenue north of N.E. 1 st Street. This will dramatically help the one neighborhood most
affected by the Project, Palm Trail.
Regards,
Bill Morris
William E. Morris
Chief Executive
Southcoast Partners, LLC
900 E. Atlantic Avenue, Ste 13
Delray Beach, FL 33483
E ‐mail: Bill@southcp.com
Office: (561) 265 ‐1390
Mobile: (561) 441 ‐6754
Fax: (561) 265 ‐1705
www.southcp.com
From: Joan Korostoff [mailto:joanekorostoff@yahoo.com ]
Sent: Friday, November 30, 2012 2:52 PM
To: William Morris; carney@mydelraybeach.com ; frankel@mydelraybeach.com ; agray@mydelraybeach.com ;
jacquet@mydelraybeach.com ; wmcduffie@mydelraybeach.com
2
Cc: nubin@mydelraybeach.com
Subject: Atlantic Plaza II
I am requesting that the city commissioners decide on a continuance on the Atlantic Pl aza II project to allow the
citizens of Delray Beach to cons ider Mr. Morris' revised plan.
Sincerely,
Joan Korostoff
1
R A L F B R O O K E S, A T T O R N E Y
Board Certified in City, County and Local Government Law
City of Delray Beach
Public Hearing December 4, 2012
Re: Atlantic Plaza II
Dear City of Delray Beach:
I represent numerous adjoining and nearby property owners to the proposed project
including Barr Terrace Condominiums, 50 East Road, Delray Beach Fl 33483. My clients
continue to object to the revised proposed co nditional use which is inconsistent with the
Comprehensive Plan and not in compliance with the intent of these Land Development
Regulations:
Land Development Regulations:
Sections 2.4.5(E)(5) Conditional Use:
(5) Findings: In addition to provisions of Chapter Three, the City Commission must
make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located.
Section 4.3.4(J)(4)(b)(iv)(3) “That open areas, such as courtyards, plazas, and
landscaped setbacks , be provided in order to add interest and provide relief from the
building mass.”
Section 4.4.13(I) Central Business (CBD) District:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area.
Central Core: The regulations are intended to result in development that
preserves the downtown’s historic moderate scale , while promoting a
balanced mix of uses that will help the area evolve into a traditional, self-
sufficient downtown.
Section 3.2.3 (D) “The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an exis ting neighborhood. lf it is determined that
the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted .”
2
Section 3.2.3 (E) “Development of vacant la nd which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent development regardless of
zoning designations.”
Section 3.2.3 (I)
“Performance Standards These standards sh all apply to all applications for new
development and modification of existing dev elopments which would result in a density
greater than thirty (30) dwelling units per acre in the Commercial Core….
(1)…Notwithstanding the above, the approving body may deny an application for
increased density where it is determined that the proposed project is not
compatible in terms of building mass and intensity of use with surrounding
development .”
Comprehensive Plan
Future Land Use Element , Objective C-3
“The Central Business District (CBD) and surrounding neighborhoods, including A-1-A,
Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a
"village by the sea". The continued revitalizati on of the CBD is essential to achieving the
overall theme of the City's Comprehensive Plan by managing growth and preserving the
charm. The following policies and activities shall be pursued in the achievement of this
objective”
Future Land Use Element , Policy C-3.2:
“Downtown Delray Beach Master Plan represen ts the citizen’s vision for the growth and
unification of Delray Beach, while still retaining the village like community by-the-sea
character of the CBD...Future development in this area shall be consistent with the Master
Plan.”
Transportation Element Objective A-2: “The traffic circulation system, and improvements
thereto, shall be coordinated with new development as depicted on the Future Land Use
Map in order … provide for adequate and safe access …”
Transportation Element Goal "B" : “The maintenance and enhancement of the city's
existing quality of life shall be compliment ed by a convenient, safe and efficient street
system which maintains an optimal level of service. The system shall keep the local traffic
ways of Delray Beach uncongested , thus retaining one of the unique attributes of the
Delray Beach quality of life and providing an environment which is safe for the diversity of
travel habits which are exhibited by Delray Beach residents .”
Transportation Element Goal "C" : “A convenient, safe and efficient transportation network
which emphasizes safety and which meets the needs of residents, both year-round and
seasonal, shall be created. Its focus shall be upon avoiding congestion and
accommodating all forms of travel throughout the city.”
3
Downtown Master Plan:
"Preserve the Character of the City: The City of Delray Beach is a good place to live, shop,
work, and relax. It possesses small town attributes, great physical structure and charm . It
is important to preserve these qualities...” Downtown Master Plan Intro, page 1
“Encourage development without displacement at an appropriate scale : Encourage
development fronting long Atlantic Avenue, with three stories as ideal height and four
stories being the maximum desired height." Downtown Master Plan Intro, page 1
Goal and Objectives - "To create building forms of a character and scale that reinforces
the Citizens' vision of a 'City of urban amenities with a small town feeling .' " Goals and
Objectives Page 4
My clients object to the request to
exceed a height of 48 feet (59’ 4” proposed);
increase the residential density of the project from 30 units dwelling units per acre
to 51.10 proposed dwelling units per acre for total of 442 proposed dwelling units
because my clients will be adversely affected by the proposed :
incompatible uses, mass, scale and density of use
increase in traffic
insufficient parking
adverse transportation impacts of vehicl es on the residential neighborhood.
Please consider our objections to Atlantic Plaza II and make a motion to DENY the
proposed Conditional Use because the project is inconsistent with the Comprehensive Plan
and is not in compliance with City Land Development Code as set forth in the staff report,
Alternative Action “C”. Staff Report page 3 .
Sincerely,
1217 East Cape Coral Parkway #107, Cape Coral, Florida 33904
phone (239) 910-5464 ~ (866) 341-6086 fax
email Ralf@RalfBrookesAttorney.com
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 9:59 AM
To:Wynn, Kimberly
Subject:FW: petition from Palm Trail HOA for street closure
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Shari Lindgren [mailto:palmtrailhoa@yahoo.com ]
Sent: Sunday, December 02, 2012 9:59 PM
To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie; Nubin, Chevelle
Cc: Cor526@aol.com ; Ann Swank; Claudia Hehner
Subject: petition from Palm Trail HOA for street closure
Dear City Commissioners,
Several weeks ago our homeowners' a ssociation board sent an email to our association members asking for
feedback on the proposed street closure at NE 7th Ave and NE 1st St. We received an overwhelming response
in favor of it. Only 3 people replied they would li ke to see the street rema in open out of the 72 email
recipients.
Less than a week ago we created a petition for our reside nts to sign supporting the st reet closure at the north
side of the proposed traffic circle at NE 7th Ave and NE 1st St. We feel we need this barrier from the Atlantic
Crossings development, should it get approved. Our neighborhood will bear the br unt of the overflow of
parking and traffic flow to and from this massive devel opment. I sent this petition to the 72 emails on our Palm
Trail group email system and so far I ha ve received 64 signatures and counting.
Please click on the link below to view the signatures and s ee the petition in it's entiret y. Please do not hesitate
to contact me with any questions.
http://www.gopetition.com/pe titions/traffic-parking-protection-fo r-palm-trail-neighborhoo/signatures.html
Thank you,
Shari Lindgren
Vice President Palm Trail HOA
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 10:00 AM
To:Wynn, Kimberly
Subject:FW: Arlantic Plaza 11
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: bbnye27@comcast.net [mailto:bbnye27@comcast.net ]
Sent: Saturday, December 01, 2012 8:44 PM
To: bill@southcp.com ; Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie; Nubin, Chevelle
Subject: Arlantic Plaza 11
Enough is Enough !! I'm pleas ed with the way that Delray has been upgraded since 1986, but we
have enough condos to last a lifetim e. We don't have enough parking for all of the people. Please let
it go back to being a lovely little community.
ENOUGH IS ENOUGH !!!!
Barbara Nye
120 N. Ocean Blvd.
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 10:00 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza II Meeting December 4, 2012
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: Elizabeth Vance [mailto:bessie40@gmail.com ]
Sent: Saturday, December 01, 2012 12:01 PM
To: Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al
Cc: Nubin, Chevelle
Subject: Atlantic Plaza II Meeting December 4, 2012
DEAR CITY COMMISSIONERS:
PLEASE, PLEASE RECONSIDER THIS MEETING FOR
THE CONCERNED CITIZENS OF DELRAY.
ATTENTION AND RESPECT SHOULD BE PAID TO THE
FOUR NEIGHBORHOODS THIS PROP OSED PROJECT IS ABUTTING.
TRAFFIC CONCERNS. CONSIDERING A TRAFFIC
STUDY DONE IN JULY WITH PROJECTIONS - THAT
ISN'T PROFESSIONAL.
DENSITY. RENTAL UNITS. NO LEASE, NO RESTRICTIONS?
WEEKLY, MONTHLY, SEASONAL RENTALS?
AGAIN , PLEASE, PLEASE INCLUDE AND CONSIDER
THE CITIZENS' CONCERNS. DELRAY SHOULD NOT
STOP BEING "THE VILLAGE BY THE SEA."
THANK YOU.
1
Wynn, Kimberly
From:Nubin, Chevelle
Sent:Tuesday, December 04, 2012 10:00 AM
To:Wynn, Kimberly
Subject:FW: Atlantic Plaza
FYI.
Chevelle D. Nubin, MMC
City Clerk
City of Delray Beach
FACC Southeast District Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
561-243-7051
From: ProfBea@aol.com [mailto:ProfBea@aol.com ]
Sent: Saturday, December 01, 2012 12:00 PM
To: frankle@mydelraybeach.com ; Gray, Angeleta; Jacquet, Al; McDuffie, Woodie; Nubin, Chevelle
Subject: Atlantic Plaza
From: ProfBea@aol.com
To: carney@mydelraybeach.com , nubin@mydelraybeach.com
Sent: 12/1/2012 11:55:34 A.M. Eastern Standard Time
Subj: (no subject)
Dear Vice-Mayor Thomas Carney,
As a long time Delray Beach resident, I would like
to comprehend why such an important project as the
Atlantic Plaza 11 is being rushed though a process that
could alter the very concept of "The Village by the Sea". I
understand the need for the development of the
aformentioned property, but I do feel the project as it now
stands has serious problems as to the density and height
of the buildings. We have a de finite problem with traffic
now, imagine adding vast numbers of cars into the
mix,especially with the bridge and trains. I love this town.
I don't want to be living in a mini "Times Square".
Please think of your constituents and implement changes
to the project that will enhance our village, not destroy it.
2
Thank you for your consideration,
Beatrice Ann Rizzo
50 East Rd. Apt 9F
Delray Beach, Fl. 33483
1
Wynn, Kimberly
From:Carol Lane <clane95@comcast.net>
Sent:Friday, November 30, 2012 4:43 PM
To:CityClerk@MyDelrayBeach.com
Subject:Please extend the date for the development on At lantic ave past Dec 4th....This needs to be
reassessed in January 2013. Thank you
1
Wynn, Kimberly
From:Lilias Bostwick <Lilias@optonline.net>
Sent:Friday, November 30, 2012 4:45 PM
To:CityClerk@MyDelrayBeach.com
Subject:plaza atlantic
Please continue with a revised plan and a major reduction in density for the Plaza Atlantic 11
project. Do not let them ruin our town!
1
Wynn, Kimberly
From:t <dtcutler@aol.com>
Sent:Friday, November 30, 2012 4:49 PM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityClerk@MyDelrayBeach.com
Subject:Postponement
Here's another voice asking that the Hearing on Atlantic II Project be postponed until a specific, detailed, revised plan is
submitted and reviewed by us citizens.
Thank you, Thomas Cutler, 200 Little Club Rd., Gulf Stream, Florida 33483
1
Wynn, Kimberly
From:Marnie Carabell <mbelle1@bellsouth.net>
Sent:Friday, November 30, 2012 5:06 PM
To:McDuffie, Woodie
Cc:Frankel, Adam; Gray, Angeleta; Carney, Tom; Jacquet, Al; CityClerk@MyDelrayBeach.com
Subject:Atlantic Plaza
I am writing to ask you to please delay the hearing until the citizens of Delray have a CLEAR idea of what is being
planned. I have been coming to delray since 1942. This project is the most obvious way to destroy what you and those
before you so carefully (in most cases) have built. This is still a very attractive town with a small town atmosphere and
an obvious down town. Please don’t allow all of this to be lost by this monstrous building. Thanks for listening!
911 Seagate Dr.
Marnie Carabell
Hudson ‐ 330 ‐650 ‐0137
Florida ‐ 561 ‐278 ‐3183
1
Wynn, Kimberly
From:june moore <msjunop@yahoo.com>
Sent:Friday, November 30, 2012 5:47 PM
To:CityClerk@MyDelrayBeach.com
Subject:Atlantic Plaza
I am asking for a continuance for the decision of the A tlantic Plaza II until further discussion can be heard on
the congestion it will bring. Delray cannot handle this size of a proposal and we don't want it...June Parrish
1
Wynn, Kimberly
From:nvh97@aol.com
Sent:Saturday, December 01, 2012 11:07 AM
To:CityClerk@MyDelrayBeach.com
Subject:Atlantic Plaza II
Please continue with the agenda.
Thank you
Norma Hirshfield
Lang Realty
Cell: 561-400-2133
1
Wynn, Kimberly
From:freddevitt <freddevitt@bellsouth.net>
Sent:Saturday, December 01, 2012 8:55 PM
To:McDuffie, Woodie; Carney, Tom; Frank el, Adam; Gray, Angeleta; Jacquet, Al
Cc:CityClerk@MyDelrayBeach.com
Subject:Atlantic Plaza
Delray Beach cannot handle traffic generated by a project such as this. Please don't cave in to high powered developers.
Fred B. Devitt, Jr
Devitt Thistle & Devitt
Sent from my iPad
1
Wynn, Kimberly
From:Judy Craig <judy@judycraig.com>
Sent:Sunday, December 02, 2012 11:30 AM
To:Judy Craig
Subject:RE: Atlantic Plaza II
Dear Mr. Mayor and Commissioners:
As of Friday afternoon, we are told that a revised development plan for Atlantic Plaza
II is arriving at City Hall "in dribs an d drabs". In a letter to the Delray Beach
Commission received on November 29, the development team states that they still
intend to ask for Conditional Use approval of their plan, but "with a meaningful
reduction in density".
No such plan has been available for review by neighboring residents or local public
interest groups at this time. Because we are running out of time to provide
substantive input to the revised plan, I join my neighbors and residents of Delray
Beach in a request that the City Commission take steps either to remove the project
from the Public Hearing Agenda (allowing the Developer the courtesy of a status
report), or vote for further continuation of the hearing pending adequate staff and
public review of the revised plan. There is much speculation as to why this is being
rushed thru. Your obligation is to make good decisions, not hurried ones.
Sincerely,
Judy Craig
1
Wynn, Kimberly
From:Carleton Endemann <chendemannjr@yahoo.com>
Sent:Monday, December 03, 2012 12:40 PM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityClerk@MyDelrayBeach.com
Cc:letters@pbpost.com; kristi ne@preservationfla.org
Subject:Atlantic Plaza II
City Officials:
Re Atlantic Plaza II, an email from the Florida Coalition for
Preservation received Friday, Nov 30, stated that City Hall was receiving
infomation from the developer in "dribs and drabs." It also quoted a
letter from the developer saying, "Delray is fortunate to have engaged
citizens who are passionate about the City they call home".
This whole project is starting to smell. Repeated revisions to the plan
appear to be minimal, designed only to overcome objections by Delray Beach
residents. Smarmy comments in a letter further convince me that this
development may be in the financial interests of the developer and maybe
nearby businesses but not the residents of Delray Beach.
I am sick of being strung along. This project is objectionable for
reasons stated previously and repeatedly by concerned citizens who simply
want to maintain the unique character of a special place.
I urge you to deny the conditional use request. Even if it met
existing zoning and other land use restrictions, I am opposed to a large-
scale development in that space. Delray is not a failing city needing
large projects to stimulate the local economy. Incremental evolution is
fine, a safer bet than a bet-the-ranch project.
Carleton H. Endemann Jr.
725 Palm Trail, #15
Delray Beach, FL 33483
chendemannjr@yahoo.com
Home: 561.865.7515
Mobile: 860.575.0863
1
Wynn, Kimberly
From:Carolyn Patton <chempstead0853@aol.com>
Sent:Monday, December 03, 2012 1:46 PM
To:McDuffie, Woodie; Carney, Tom; Frank el, Adam; Gray, Angeleta; Jacquet, Al
Cc:CityClerk@MyDelrayBeach.com
Subject:Atlantic Plaza II
Attachments:CP_Objection_Letter_Dec_4_2012-1.doc
Dear Mayor McDuffie, Vice Mayor Carney and City Commissioners Frankel, Gray and Jacquet:
In only lowering the residential density to 372 units, the dev elopers of Atlantic Plaza II have not reduced the mass and
scale of the buildings, have not increased green space, and are still adversely affecting our neighborhoods, In addition,
we have been requesting a meeting since Nov. 20 and they hav e just called us today for a meeting at 11 a.m. tomorrow.
Obviously, this is at the last minute, after they have submitt ed all their plans to the city and met with all of you. This is
contrary to what the City Commission asked from them and a slap in the face to our Village by the Sea-. Please deny their
request for conditional use because the project is incons istent with our Land Development Code and Comprehensive
Plan-.
Please see attached.
Carolyn Patton
chempstead0853@aol.com
1
R A L F B R O O K E S, A T T O R N E Y
Board Certified in City, County and Local Government Law
City of Delray Beach
Public Hearing December 4, 2012
Re: Atlantic Plaza II
Dear Mayor and City Commissioners:
I represent numerous adjoining and nearby pr operty owners to the proposed project,
including Carolyn Patton, owner of property at 65 Palm Square and President pro tem of
the Palm Square/Marine Way homeowners associ ation. My clients continue to object to
the revised proposed conditiona l use which is inconsistent with the Comprehensive Plan
and not in compliance with the intent of these Land Development Regulations:
Land Development Regulations:
Sections 2.4.5(E)(5) Conditional Use:
(5) Findings: In addition to provisions of Chapter Three, the City Commission must
make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located.
Section 4.3.4(J)(4)(b)(iv)(3) “That open areas, such as courtyards, plazas, and
landscaped setbacks , be provided in order to add interest and provide relief from the
building mass.”
Section 4.4.13(I) Central Business (CBD) District:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area.
Central Core: The regulations are intended to result in development that
preserves the downtown’s historic moderate scale , while promoting a
balanced mix of uses that will help the area evolve into a traditional, self-
sufficient downtown.
Section 3.2.3 (D) “The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an exis ting neighborhood. lf it is determined that
the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted .”
2
Section 3.2.3 (E) “Development of vacant la nd which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent development regardless of
zoning designations.”
Section 3.2.3 (I)
“Performance Standards These standards sh all apply to all applications for new
development and modification of existing dev elopments which would result in a density
greater than thirty (30) dwelling units per acre in the Commercial Core….
(1)…Notwithstanding the above, the approving body may deny an application for
increased density where it is determined that the proposed project is not
compatible in terms of building mass and intensity of use with surrounding
development .”
Comprehensive Plan
Future Land Use Element , Objective C-3
“The Central Business District (CBD) and surrounding neighborhoods, including A-1-A,
Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a
"village by the sea". The continued revitalizati on of the CBD is essential to achieving the
overall theme of the City's Comprehensive Plan by managing growth and preserving the
charm. The following policies and activities shall be pursued in the achievement of this
objective”
Future Land Use Element , Policy C-3.2:
“Downtown Delray Beach Master Plan represen ts the citizen’s vision for the growth and
unification of Delray Beach, while still retaining the village like community by-the-sea
character of the CBD...Future development in this area shall be consistent with the Master
Plan.”
Transportation Element Objective A-2: “The traffic circulation system, and improvements
thereto, shall be coordinated with new development as depicted on the Future Land Use
Map in order … provide for adequate and safe access …”
Transportation Element Goal "B" : “The maintenance and enhancement of the city's
existing quality of life shall be compliment ed by a convenient, safe and efficient street
system which maintains an optimal level of service. The system shall keep the local traffic
ways of Delray Beach uncongested , thus retaining one of the unique attributes of the
Delray Beach quality of life and providing an environment which is safe for the diversity of
travel habits which are exhibited by Delray Beach residents .”
Transportation Element Goal "C" : “A convenient, safe and efficient transportation network
which emphasizes safety and which meets the needs of residents, both year-round and
seasonal, shall be created. Its focus shall be upon avoiding congestion and
accommodating all forms of travel throughout the city.”
3
Downtown Master Plan:
"Preserve the Character of the City: The City of Delray Beach is a good place to live, shop,
work, and relax. It possesses small town attributes, great physical structure and charm . It
is important to preserve these qualities...” Downtown Master Plan Intro, page 1
“Encourage development without displacement at an appropriate scale : Encourage
development fronting long Atlantic Avenue, with three stories as ideal height and four
stories being the maximum desired height." Downtown Master Plan Intro, page 1
Goal and Objectives - "To create building forms of a character and scale that reinforces
the Citizens' vision of a 'City of urban amenities with a small town feeling .' " Goals and
Objectives Page 4
My clients object to the request to
exceed a height of 48 feet (59’ 4” proposed);
increase the residential density of the project from 30 units dwelling units per acre
to 51.10 proposed dwelling units per acre for total of 442 proposed dwelling units
because my clients will be adversely affected by the proposed :
incompatible uses, mass, scale and density of use
increase in traffic
insufficient parking
adverse transportation impacts of vehicl es on the residential neighborhood.
Please consider our objections to Atlantic Plaza II and make a motion to DENY the
proposed Conditional Use because the project is inconsistent with the Comprehensive Plan
and is not in compliance with City Land Development Code as set forth in the staff report,
Alternative Action “C”. Staff Report page 3 .
Sincerely,
1217 East Cape Coral Parkway #107, Cape Coral, Florida 33904
phone (239) 910-5464 ~ (866) 341-6086 fax
email Ralf@RalfBrookesAttorney.com
1
Wynn, Kimberly
From:Laura Weinberg <lpw513@gmail.com>
Sent:Monday, December 03, 2012 6:12 PM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityClerk@MyDelrayBeach.com; Nubin, Chevelle
Subject:Atlantic Plaza II Expansion Project
Dear Delray Beach Mayor, Commissioners and City Clerk:
Since I am not able to attend the important meeti ng regarding the Atlantic Plaza II on December 4th, I am
responding by email instead on behalf of my family.
Our family which has an apartment at the Delray Summit of 1000 Lowry Street is extremely concerned about
the dire health and safety consequences in regard to the proposed Atlantic Plaza II Expansion Project.
If this proposal is carried out there would be a huge influx of automobi les as well as trucks delivering to
restaurants and other establishments. Aside from the ex tensive traffic, the pollution caused by the automobile
and truck exhaust may exceed levels acceptable to th e Environmental Protection Agency (EPA). Has any
agency or planner of this project co nducted an Environmental Impact Statement (EIS) to determine what the air
quality would be as a result of the project ed automotive and truck exhaust pollution?
Moreover, there are studies that link excessive car exha ust with many chronic diseases including heart, asthma
and breast cancer. For example, The Long Island Breast Cancer Study Project which studied the effects of
"Polycyclic Aromatic Hydrocarbons" ( PAHs) found in car and truck exha ust showed that women with the
highest level of PA H-DNA adducts had a 50 percent increased risk of breast cancer .
Occupational exposure studies have looked at workers exposed regularly to gasoline fumes and vehicular
exhaust, major sources of PAHs (as well as benzene). These occupational exposures are associated with an
increased risk of breast cancer for pre-menopausal women (Petralia, 1999) a nd also for men. In the case of male
breast cancer, PAHs may increase the risk of brea st cancer specifically in men carrying a BRCA1 or BRCA2
mutation (Palli, 2004).
A recent case-control study in western New York State i ndicated that very early life exposure (around the time
of birth) to high levels of total su spended particulates, a pr oxy measure for PAH levels, is associated with
increased risk of breast can cer in post-menopausal women.
Since U.S. statistics currently show that 1 in 8 wo men will be diagnosed with breast cancer during their
lifetime, why would we want to place Delray Beach residents at risk?
We hope that you will listen to your concerned cons tituents and not move forward with the proposed
development plan of Atlantic Plaza II. We believe that the proposed plan will sign ificantly and permanently
degrade the quality of life in Delray Beach.
Thank you for your attention to this matter.
Sincerely yours,
Laura Weinberg
2
Delray Summit, 1000 Lowry Street
Delray Beach
1000 Lowry Street
1
Wynn, Kimberly
From:Claudia Willis <claudia_willis@bellsouth.net>
Sent:Monday, December 03, 2012 11:26 PM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityClerk@MyDelrayBeach.com
Subject:Atlantic Crossing Proposal
Commissioners,
I have spent many hours going over the Master plan, the Comprehensive Plan, and the Land Development
Regulations. I have found the vision for Delray reassured throughout these documents. I have felt protected
by these City policies that guarantee development, and the conditions resulting from them, such as noise,
traffic volume, and circulations shall not be detrimental to the neighborhoods. I have been reassured by the
Master Plan that Delray will continue to develop and re ‐develop in a style that is sensitive and compatible with
the existing character and scale. I read and reread the Treasure Coast Study which emphasized the need to
“encourage development at an appropriate scale” and states that “infill should represent some of the best
architecture in the City which reinforces the vision through character and scale.”The Study recommended
against repeating projects such as Worthing Place which “proposed the largest possible number of residential
units and general volumetric and exterior design which is not geared towards the pedestrian”(pg 38) The
Study warned “against building 5 and 6 story buildings rather than 2 or 3 story structure in order to expand
the downtowns image as a unique, historic small town.”(pg 90)I ask the Commissioners to support these
documents by keeping the VISION they set forth. I ask that the project be required to scale back the massing
to be sensitive and compatible in character and scale and geared more towards the pedestrian .I also ask that
the developer provide entrance or exits on Federal highway to avoid an already congested area for all the
increased traffic that his project will bring.
It is the cumulative impact of the decisions and where they will take Delray. Therefore it requires viewing each
project as part of a whole. At this time there are 4 large proposed projects for a total of 1002 units. This is in
addition to the housing supply which is under construction or empty. These 4 large proposals are all asking for
conditional use, all asking for increased density, all asking for increased rental to owner ratios and increased
efficiencies, studios, and one bedroom units over 2 and 3 bedroom units. I would like to quote from the
summaries following Tables H0 18 ‐20 of the Housing Element. The summary references the rental housing
needed through the year 2025 “Again, the majority of that need is being addressed through projects that have
been approved or are currently under construction. Thus, the City is ahead in terms of meeting the study’s
projected need for the provision of additional renter ‐occupied housing.”Yet the Atlantic Crossing proposal has
cut back the owner occupied and drastically increased the rental component. Furthermore, the number of
studio and 1 bedroom units is inconsistent with the City regulations. The City has been so troubled by
transient issues and short of a dorm, there is nothing more transient in housing than efficiency and one
bedroom rentals. Along with the other projects, some requesting 52% efficiencies and one bedrooms, this will
be a serious threat to the quality of life which our City has recently fought so hard to protect. I ask the
Commission to require the project to lower the density, to scale back the number of rental verses owner
occupied and to follow existing percentages of 1, 2 and 3 bedrooms.
All residents welcome Class A office space. Yet this proposal has reduced the Office space component. This
may be a desired financial move for the developer, but it is at a loss for Delray. It is not the City’s role to
provide a better return on the developer’s investment. It is the City’s role to adhere to the visions set forth for
the City and to promote the City. . I ask the Commission to require this project to increase the Class A office
2
space that has been reduced in order to increase the rentals.
Claudia Willis
160 Marine Way
42 Palm Square
707 SE 1 st St
1
Wynn, Kimberly
From:Jan Stalnaker <jstalnaker@hotmail.com>
Sent:Monday, December 03, 2012 7:33 PM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityClerk@MyDelrayBeach.com
Subject:atlantic plaza II
as a long term resident of delr ay beach (gulf stream), i am vehemently oppo ssed to the referenced
development...the resident denisity is outrageous and a detriment to the area...atlantic avenue is
totally overcrowded now and i canno t imagine what impact on tra ffic this development would have
on atlantic avenue...one needs to look at resp onsible development, with out the traffic nightmares
that ensue with overdevelopment...yes, we want delray to grow, bu t do we want it to be another
west palm beach, another boca??? no , i think we want to keep it a "v illage by the sea" which is the
reason so many people make it their destination...with responsible development, this can
happen...please
take the time and the input of the pub lic to let this happ en...jan stalnaker
pre
1
Wynn, Kimberly
From:Tektonica <tektonica@aol.com>
Sent:Tuesday, December 04, 2012 9:08 AM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityClerk@MyDelrayBeach.com
Subject:Atlantic Plaza
Re: Atlantic Plaza
As it stands this project is too dense, tall, and blocky. What's the rush? Let's get this right! This is a
huge opportunity.
We support a redevelopment of Atlantic Plaza, but feel that time and care should be taken to ensure that this project "fits"
with our Village By the Sea at mosphere, which is the reason for Delray's success.
This piece of property can afford to be higher end than much of the rental housing that has been
foisted upon our downtown so far. It is unique and desirable, being close to the ocean, and on the
intracoastal. This should be a beautiful anc hor for the east end of downtown Delray, not just a profit
center.
We suggest fewer, larger, Condominium apartments above, with set backs and balconies. Retail and business on the
lower levels. Courtyards and restaurants that can be explored. Think charm and beauty, as well as maximizing profits.
Delray does NOT have to rush this. We can afford to be careful and picky.
Please make this a joint project with the ci tizens of this lovely small town. We lik e it small and charming, or we wouldn't
have moved here in the first place. Please don't sell out quickly to just any old design. Get something appropriate for the
decades going forward.
I ask you to send the architects and dev elopers back to the drawing board with input from local citizens and
architects. DO NOT RUSH THIS!
Thank you,
Bob and Tricia Irish
25 year residents of Delray
1
Wynn, Kimberly
From:Mike Covelli <mike@covellidesign.com>
Sent:Tuesday, December 04, 2012 10:12 AM
To:McDuffie, Woodie; Carney, Tom; Frankel , Adam; Gray, Angeleta; Jacquet, Al;
CityManager@MyDelrayBeach.com; Nubin, C hevelle; CityClerk@My DelrayBeach.com;
Dorling, Paul; Shutt, Brian
Cc:Edwards, Jeff (jeff.edwards@install ed.net); William Morris; Bill Milmoe
(bill.milmoe@cdsholdings.com)
Subject:Letter to Palm Trail Homeowners Association
Attachments:Atlantic .pdf
Good morning,
Please find attached a copy of a letter that was sent to the Palm Trail Homeowners Association. This letter is an
update on the results of continued meetings with the Palm Tail HOA.
Covelli Design Associates, Inc.
Michael J. Covelli, President
2295 NW Corporate Boulevard Suite 213
Boca Raton, Florida 33431
561-910-0330 Phone
954-444-9393 Cell
561-549-9000 Fax
1
Wynn, Kimberly
From:William Martin <wm@martinspices.com>
Sent:Tuesday, December 04, 2012 11:46 AM
To:McDuffie, Woodie
Cc:Carney, Tom; Frankel, Adam; Gray, Angeleta; Jacquet, Al; CityClerk@MyDelrayBeach.com
Subject:ATLANTIC PLAZA 2
Mayor McDuffie,
I am traveling out of town and will be unable to attend tonight’s meeting, however I did want to communicate my
objections to the plan as submitted and revised yesterday. I have been coming to Delray for over 50 years and about 6
years ago bought a home of my own here. The current proposal far exceeds existing height and residential density
zoning regulations. These regulations were adopted in an effort to help maintain the charm that is unique to Delray in
this part of FL.
The vast majority of Delray’s current residents could have chosen a more built up town to live in but decided to live here
because of its special small town ambiance. We all realize that progress continues and change for the better is possible.
However the change proposed here is moving Delray in the wrong direction, taking away our uniqueness – which is not
what the residents that you represent want.
I respectfully request that you keep the above in mind when moving forward.
Thank you.
Mr. and Mrs. William Martin
1101 Island Dr.
Delray Beach, FL
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:November 28, 2012
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
POLICY ON NAMING OF PUBLIC FACILITIES
ITEM BEFORE COMMISSION
City Commission consideration of establishing a pol icy and procedure to govern the honorary naming
of public facilities.
BACKGROUND
The policy is intended to add meaning, significance and uniformity to the honorary naming of public
facilities, to minimize conflict and to provide a f orum for meaningful discussion regarding naming. In
addition, a consistent naming policy lends continui ty and a sense of community and establishes a means
of appropriately recognizing prominent individuals and those who have substantially contributed to the
City, the State or the Nation.
This proposed process can generate opportunities to induce dynamic community impact, create
sensitivity and lasting public relations, express a ppreciation, and can serve as a means of education.
For purposes of this policy, a public facility mean s any building, facility, park land, or other publi c
space owned by or under the control of the the City , including interior and component spaces integral to
the whole.
This policy does not govern the naming of streets, per the direction of the City Commission, which
adopted the following policy on January 25, 1994: "It is the policy of the City Commission of the Cit y
of Delray Beach, Florida not to entertain requests for the changing of street names in order to recogn ize
or honor individuals."
The following words will have the meaning attribute d to them:
A. “Civic or Charitable Group”shall mean a non-profit entity or group that has made a
substantial contribution to the community, either t hrough civic involvement, involvement in
historic events relevant to specific City property, or to the geographical location of specific
City property; or made a financial and/or in-kind donation to support a specific public
service or City property. For-profit entities of any type shall not be considered a civic or
charitable group.
B. “Individual”shall mean a person who has made a substantial cont ribution to the community,
either through civic involvement, involvement in hi storical events relevant to the specific
City property, financial contribution or to the geo graphical location of specific City
property.
C. “Honorary Naming”shall mean the naming of City property to honor the service,
commitment, or other type of participation by an in dividual, or civic or charitable group.
D. “Properties”refers to City assets including, but not limited to , real property, facilities, parks,
features (e.g. rooms, playgrounds, etc.) and other assets, but not including streets and
lanes.
E. “City Property” shall mean City-owned or controlled real property, public facilitie s such as
buildings or parks, features or attributes of a fac ility such as a bench, tree, bridge, walkway,
hallway or room, or other public venue.
PROCESS :
The process to establish honorary naming rights for City property shall be as follows:
Any City Commissioner, citizen, group of citizens, or entity or organization may submit an honorary
naming proposal to name City property after an indi vidual, civic or charitable group. The naming
proposal shall be in writing and shall be reviewed by the City Manager or his/her designee, and if fou nd
to be in compliance with applicable City policies, shall be referred to a naming committee established
under this policy.
Honorary naming proposals must include the credenti als, character and reputation of the individual,
civic or charitable group for whom the naming is be ing considered. As such, nominations submitted for
consideration must be accompanied by appropriate su pporting documentation.
The City shall establish a “Facility Naming Committ ee” to review and make recommendations to the
Commission on naming proposals. The membership of the committee shall be comprised of
representatives from City departments (designated b y the City Manager), plus representation from
advisory groups, or friends, or recognized support groups with an interest in the property or facility to
be named. The Facility Naming Committee shall review the merits of the naming proposal and
supporting documentation as submitted and any other applicable history or other information deemed
pertinent to the request. The committee shall conve ne meetings as necessary.
After considering the naming proposal, the committe e will provide their recommendation to the
Commission, providing supportive information as app ropriate to justify the recommendation.
The City Commission shall consider the committee re commendation. The approval of any honorary
naming nomination shall be by resolution of the Cit y Commission.
RECOMMENDATION
City Commisison discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 28, 2012
SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
FILLING UNEXPIRED TERM FOR SEAT #1
ITEM BEFORE COMMISSION
The item before the City Commission is to outline t he process for filling the unexpired term for Seat #1,
currently held by Commissioner Thomas F. Carney, Jr .
BACKGROUND
The succession to the office of Mayor Nelson S. by Vice-Mayor Thomas F. Carney, Jr. shall occur on
the effective date of Mayor McDuffie's resignation , which is January 3, 2013. This will create a
vacancy for Commission Seat #1 that has to be fille d.
The process for filling a Commission vacancy is set forth in the Section 3.08 (A) of the City Charter.
The remaining members of the City Commission are to select a person to fill the vacancy within two (2)
regular meetings of the vacancy taking place. The n ewly appointed Commissioner would then serve an
unexpired term ending March 28, 2013, at which time a newly elected Commissioner will be sworn in.
Based on past practice, it is recommended that the Commission publicize the impending vacancy and
ask for applications to be submitted within a speci fied timeframe. The Commission could set aside a
time to interview candidates if so desired, althoug h it is suggested this be done individually.
RECOMMENDATION
1. Set a date by which interested persons should s ubmit their application for appointment to the City
Clerk's Office.
2. Set a date for making the appointment to fill Seat #1, effective January 3, 2013.
(A)
(1)
(2)
(3)
(4)
(B)
(1)
(2)
(3)
Section 3.08. - VACANCIES ; FILLING OF VACANCIES.
The office of a Commissioner, including the Mayor, shall become vacant upon the
incumbent's death, resignation, forfeiture, or remo val from office in any manner authorized by law.
Any vacancy in the membership of the Commission, other than at the close of a regular term, shall
be filled according to the following procedure.
Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the
Mayor, the remaining Commissioners, including th e Mayor, shall appoint, by a majority vote,
a qualified person to fill the vacancy.
If the term of office in which the vacancy occurs expires on the last Thursday in March
following the next regular City election, t he person so appointed shall only serve until
that date.
If the vacancy occurs sixty (60) or more days preceding the dat e of the next regular
City election, and if the term of office in which the vacancy occurs does not expire on
the last Thursday in March following that election, the person so appointed shall serve
until the last Thursday in March and the rema inder of the unexpired term shall be filled
at that election.
If the vacancy occurs less than sixty (60) days preceding the date of the next regular
City election, and if the term of office in which the vacancy occurs does not expire on
the last Thursday in March following that election, the person so appointed shall serve
for the entire remainder of the unexpired term.
If a majority of the remaining Commissioners, including the Mayor, are unable to
agree, after two (2) regular meetings, upon the appointment of an individual to fill a
vacancy. The Commissi on shall call a special election to fill the vacancy. The special
election shall be held within sixty (60) cale ndar days of the second regular meeting.
Vacancy in Office of Mayor.
If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days
preceding the date of the next regular City elec tion, there will be an election to fill the
Mayor's seat which will be held at the time of the next regular City election. If a
vacancy occurs in the office of Mayor less t han sixty (60) calendar days preceding the
date of the regular City election, the Mayor sh all be elected at a s pecial election to be
held on the second Tuesday in May. If a specia l election is held to fill the office of
Mayor, those persons who previously qualif ied to run for the Mayor's seat and other
candidates who qualify pursuant to this Charter and Chapter 34 of the Code of
Ordinances may run for the Mayor's seat to be filled at the special election.
Notwithstanding anything to the contrary, the Mayor elected at the special election
shall assume office after the first regular meeting after being elected.
When a vacancy occurs in the office of Ma yor, the Vice-Mayor shall automatically
succeed to the office of Mayor and sha ll serve until the last Thursday in March
following the next regular City election. Ther eafter, the Vice-Mayor shall return to his
or her former seat and complete the remai nder of his or her Commission term if any
part thereof remains unexpired. If a special election is ca lled to fill a vacancy in the
office of Mayor, the Vice-Mayor selected at the organizational meeting shall serve until
a new Mayor is seated and shall thereafter return to his or her seat.
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(4)
(5)
(C)
The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the
Commission. The vacancy on th e Commission shall be filled in the manner set forth in
this Charter except the Commissioner appo inted to fill the vacancy created on the
Commission as a result of a vacancy in the of fice of Mayor that occurs sixty (60) days
or more before the next election shall serve only until the last Thursday in March
following the next regular City election. If a vacancy occurs on the Commission as a
result of a vacancy in the of fice of Mayor less than sixty (60) days before the next
election, the Commission seat shall remain vacant, notwithstanding anything to the
contrary within this Charter until after the assumption of office of the Mayor after the
special election.
If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the
Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is
unable or unwilling to succeed to the office of Mayor, the Commission shall then
select a Mayor from the remaining Commissioners. If the Commission is unable to
select a Mayor by the end of the second regular meeting after the vacancy then a
special election shall be held for the election of the Mayor.
If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice-Mayor shall
automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by
the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the
Commission shall then select a new Deputy Vice-Mayor.
Extraordinary Vacancies. In the event that all members of the Commission are removed by
death, disability, resign ation or forfeiture of office, the Governor shall appo int a Commission,
including a Mayor, with full Commission powers. The interim Commission shall then call a
special election, as provided und er this Charter, to fill the appointed o ffices. The special
election shall be held not more than ninety (90) days after appointment of the interim
Commissioners.
(Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 63-01, passed 1/8/02, Adopted at
Referendum 3/12/02)
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:November 28, 2012
SUBJECT:AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
PROVIDE DIRECTION REGARDING THE NOISE ORDINANCE
ITEM BEFORE COMMISSION
Provide direction to staff regarding possible chang es to the recently adopted noise ordinance.
BACKGROUND
The City Attorney’s Office brought forward a revise d noise ordinance at the Commission’s August 21,
2012 meeting due to a recent court decision which d etermined that certain portions of the existing noi se
ordinance were unconstitutional. After that ordina nce was passed there were two other ordinances that
were also adopted related to the City’s noise code, with the last adoption taking place o n October 16,
2012. Since that time, staff has received comments from businesses that would be affected by the
implementation of the ordinance expressing concerns regarding the revised ordinance.
Staff is seeking Commission direction regarding the revised noise ordinance to determine if the
Commission wishes to make any changes as it relates to the concerns (the level of noise that would
constitute a violation and the fact that the ordina nce does not allow greater flexibility during the d ay or
evening hours) raised by the businesses.
RECOMMENDATION
Commission discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 30, 2012
SUBJECT:AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
PAY INCREASE FOR CIVIL SERVICE EMPLOYEES
ITEM BEFORE COMMISSION
Consideration of a pay increase for non-bargaining unit employees.
BACKGROUND
Attached is a copy of the City's financial report a s of September 30 for Fiscal 2012 which was
previously forwarded to the Commission. Because of increased revenues and extraordinary efforts by
all departments to minimize expenditures we finishe d the year with a surplus of some $3,000,000. This
is in contrast with a projected deficit exceeding $1,000,000 in January. I would also point out that this
year, for the first time in four years, we actually had a small increase in our total tax roll.
Pay for non-bargaining unit employees (Civil Service) was froze n as of October 1, 2008. Because of
collective bargaining agreements already in place, our bargaining unit employees continued to receive
pay increases for two more years. The only increas e non-bargaining unit employees have received since
October 1, 2008 is 1% on October 1, 2010. It is ve ry important that we begin to catch up on pay
increases for our non-bargaining unit employees. Therefore, I strongly r ecommend that we give our
non-bargaining unit employees a pay increase to be effe ctive on November 17. Employees would see
the increase beginning the first pay period in Dece mber. I recommend that employees hired before
October 1, 2011 receive a 3% increase, and employee s hired between October 1, 2011 and October 1,
2012 receive a 1% increase. The total anual cost t o the General Fund will be approximately $400,000
going forward. The cost for Fiscal 2013 will be ab out $340,000, which we would fund from the prior
year's surplus
RECOMMENDATION
That the Commission approve the pay increase for no n-bargaining unit employees as outlined above.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ment of an alternate member to the Code
Enforcement Board.
BACKGROUND
There is a vacancy on the Code Enforcement Board du e to the resignation of Mr. Robert Wells. The term is
unexpired ending January 14, 2013. Appointment is n eeded for one (1) alternate member.
Per Ordinance No. 15-12, the appointed member shall be allowed to serve the following full regular term without
reappointment because the unexpired term is for a p eriod of time less than six months.
All members of the Code Enforcement Board must be r esidents of the City. Appointments to both regular
and alternate member positions shall be on the basi s of experience or interest in the fields of zoning and
building control. The regular and alternate members hip of the Board shall, whenever possible , include an
architect, a business person, an engineer, a genera l contractor, a subcontractor and a realtor.
The following individuals have submitted applicatio ns and would like to be considered for appointment:
Name Background
Mark Behar Self Employed – Investor (currently serving on the Neighborh ood Advisory
Council)
Robert Marks Chief Construction Inspec tor
Iris McDonald Real Estate Development and Brokerage
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1)
alternate member to serve an unexpired term plus a three year term ending January 14, 2015.
RECOMMENDATION
Recommend appointment of one (1) alternate member t o serve an unexpired term plus a three year term
ending January 14, 2015.
02/12 CODE ENFORCEMENT BOARD
TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION
FILLING
01/14/2013
Unexp Appt 4/21/11
Jason Dollard
Attorney Layperson
01/14/2013
unexp Appt 09/05/06
Reappt 01/02/07 Reg
Reappt 01/05/10
Stanley Brodka, Chair
Financial Services Layperson
01/14/2014
Appt 01/03/08 reg
Unexp Appt 10/2/07 alt
Reappt 01/04/11
Kelli Freeman, Vice Chair
Staffing Manager
Business
Person
01/14/2013
Unexp Appt 09/06/11
Ronald Gilinsky
Sales/Marketing Layperson
01/14/2015
Unexp Appt 11/01/11
Appt 01/03/12
Stephanie Sugar
Regional Director Business
Person
01/14/2015
Unexp Appt 05/17/11 alt
Unexp Appt 07/05/11
Reappt 01/03/12
Kurt Lehmann
Realtor Realtor
01/14/2015
Unexp Appt 03/01/11
Reappt 01/03/12
David Boone
Attorney/Educator Layperson
ALTERNATES
01/14/2015
Unexp Appt
Vacant
Layperson
01/14/2013
Unexp Appt 2/07/12
Jason Whiteman
Attorney Layperson
S/City Clerk/Board 12/Code Enforcement Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
APPOINTMENTS TO THE POLICE ADVISORY BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Police Advisory Board.
BACKGROUND
There are two (2) vacancies on the Police Advisory Board for student members. The terms are
unexpired ending July 31, 2013, and July 31, 2014. Appointments are needed for two (2) student
members.
In order to qualify for appointment, a person shall be either a resident of, own property, own a busin ess
or be an officer, director or manager of a business located within the City of Delray Beach. M embership
shall include a diverse cross section of the commun ity; business owners, religious and faith based
organizations, youth, school officials and local or ganizations, where feasible.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
Stherline Joseph Student
Paola Pineros Student
A check for code violations and/or municipal liens was conducted. None were found. The applicants are
students and are not eligible to vote.
Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) for one
(1) student member to serve an unexpired term endin g July 31, 2013 and Mayor McDuffie (Seat #5) for
one (1) student member to serve an unexpired term e nding July 31, 2014.
RECOMMENDATION
Recommend appointment of one (1) student member to serve an unexpired term ending July 31, 2013
and one (1) student member to serve an unexpired te rm ending July 31, 2014.
POLICE ADVISORY BOARD
10/12
TERM EXPIRES NAME & ADDRESS
07/31/13
Appt 06/21/11
DeAnna Longo
07/31/14
Unexp Appt 08/16/11
Reappt 07/17/12
Wyana Claxton
07/31/14
Appt 08/07/12
Samuel Menard
07/31/14
Unexp Appt 08/02/11
Reappt 07/17/12
Robert Shell, Chair
07/31/13
Unexp Appt 04/20/10
Reappt 06/21/11
Matthew Monahan
07/31/13
Unexp Appt 11/01/11
Annette Annechild
07/31/14
Appt 07/17/12
Shelly Weil, Vice Chair
07/31/14
Appt 07/17/12
Aird Cajuste
07/31/14
Appt 07/20/10
Reappt 07/17/12
Edith Thompson
07/31/13
Appt 06/21/11
Catherine DeMatto
07/31/13
Unexp Appt 10/16/12
Marc Muscarella
07/31/13
(Student)
Vacant
07/31/14
(Student)
Vacant
Contact: Venice Cobb 243-7056
S/City Clerk/Board 12/Police Advisory Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Communtiy Improvement
THROUGH:David Harden, City Manager
DATE:November 27, 2012
SUBJECT:AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CA PER)
ITEM BEFORE COMMISSION
Request for City Commission approval of the 2011-2012 Consolidated Annual Performance and
Evaluation Report required by the United States Hou sing and Urban Development Department (HUD)
for utilization of federal grant funds.
BACKGROUND
The Consolidated Annual Performance and Evaluation Report (CAPER) serves to meet performance
reporting requirements by the Department of Housing and Urban Development (HUD) pursuant to the
regulations established under 24 CFR 91.520. The CA PER covers the period of October 1, 2011
through September 30, 2012 in the reporting on HUD sponsored activities as specified in the City’s
2011-2012 Action Plan. The CAPER further serves as an update on the goals and objectives identified
in the City’s Consolidated Annual Plan (2010-2015) five-year plan.
In accordance with HUD requirements, the CAPER is a vailable to the general public for review and
commentary for a period of not less than fifteen da ys (November 11 – November 26, 2012) prior to
submittal to HUD. No public comments were receive d during this time frame.
RECOMMENDATION
Staff recommends approval of the CAPER, pursuant to regulations established under 24 CFR 91.520 for
the rating period of October 1, 2011 through Septem ber 30, 2012, to meet performance reporting
requirements of the Department of Housing and Urban Development.
Consolidated Annual Performance and Evaluation Report
“CAPER ”
Fiscal Year 2011 -2012
Community Development Block Grant
Lula Butler, Director, Community Improvement Department
City of Delray Beach
Community Improvement D epartment
Neighborhood Services Division
100 NW 1 st Avenue
Delray Beach, Florida 33444
(561) 243 -7280
December 4, 2012
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
1
City of Delray Beach
Community Development Block Grant (CDBG)
TABLE OF CONTENTS
I. Executive Summary ………,,………………………………………………………… 2
II. Summary of Accomplishments………………………………………………………, 3
III. Assessment of Actions Taken to meet Three - to Five - Year
High Priority Goals and Objectives …………,………………………………. 6
IV. Affirmatively Furthering Fair Housing ………………………………………, 8
V. Analysis of Impediments………………………………………………….…… 8
VI. Affordable Housing …………………………………………………………… 10
VII. C ontinuum of Care Narrative …………………………………………..……,, 13
VIII. Other Actions……………………………………………………………………, 14
IX. Leveraging Resources ……………………………………………………………, 19
X. Citizen Comments………………………………………………………………. 19
XI. Self -Evaluation…………………………………………………………………... 19
XII. Additional (Narrative Statement) Issues ……………………………………… 20
a. Use of CDBG Funds in Relationship to Consolidated Plan ………… 20
b. Efforts in Carrying out Planned Activities …………………………… 20
c. Benefi ting t he National Objectives…………………...………………… 20
d. Activities In volving Occupied Real Property………….……………… 21
e. Economic Devel opment Activities Undertaken………,,,…………….. 21
XIII. Public Participatio n / Additional Requirements ……………….………….. 21
XIV. Attachments
a. Advertisement – Notice of Availability of CAPER
c. Map of CDBG Target Area
d. IDIS Generated reports
1. PR03: CDBG Activity Summary Report
2. PR23: Summary of Accomplishments
3. PR26: CDBG Financial Summary Report
4. PR83: CDBG Performance Measures Report
5. PR84: CDBG Strategy Ar ea, CFDI, and Local Target Area Report
6. Community Development Needs Spreadsheet
7. Project Performance Measures
e. Section 3 Report
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
2
I. EXECUTIVE SUMMARY
Program Year 1 CAPER Executive Summary Response:
The City of Delray Beach has been an “entitlement ci ty” since 198 6 and receiv ing
Community Development Block Grant (CDBG) funds from the U.S. Department of Housing
and Urban Development (HUD). In order for the City to receive this allocation, a
Consolidated Plan must be developed which set s forth program g oals, specific objectives,
annual goals and benchmarks for measuring progress.
The Consolidated Plan is a comprehensive five -year planning document that addresses the
basic national goals of providing decent, affordable housing, suitable living environmen t s
and expanding economic development opportunities, especially for low to moderate income
persons, It is the City’s responsibility to ensure that eligible activities funded are in
accordance with one of the three (3) nati onal objectives:
1. Benefit low an d moderate income persons;
2. Aid in the prevention or elimination of slums or blight; and
3. Meet a need having a particular urgency.
The City’s current F ive -Y ear Consolidated P lan covers fiscal years 2010 through 2015 and
was approved in 2010. Each year of the F ive -Y ear plan , a n A n nual Action Plan must be
developed addressing how the City anticipate s carr y ing out its long range goals and
objectives identified in its Consolidated Plan. At the close of each program year, the C ity
provides a report to the cit izens that detail the year’s activit i es, expenditures and progress in
implementing its federal programs. This report is known as the Consolidated Annual
Performance and Evaluation Report (CAPER .)
The CAPER is an annual performance and evaluation report r equired to be prepared by
local governments that receive Federal funds from the Community Development Block
Grant (CDBG) program.
This year’s 2011 CAPER report is the second of five annual performance reports. Program
year 201 1 covers October 1, 20 1 1 thr ough September 30, 20 1 2 and identifies the level of
progress and accomplishments in meeting the priority needs as established in Delray
Beach’s 2010 -2015 Consolidated Plan. Activities and accomplishments described in the
CAPER primarily benefit low - and moderate -income residents of Delray Beach, and
neighborhoods with high concentration of low – and moderate - income residents.
A complete draft of t his r eport was made available for a fifteen (15 ) day public review and
comment period beginning November 1 1 , 201 2 through November 2 6 , 201 2 . Copies were
placed at the City of Delray Beach ’s Neighborhood Resource Center and the Department of
Community Improvement , Neighborhood Services Division offices, located at 100 NW 1 st
Avenue, Delray Beach, FL 33444. Th e plan was also made available online at
www.mydelraybeach.com .
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
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II. SUMMARY OF ACCOMPLISHMENTS
Priority Need Category Actual # of Activities
Proposed
Actual # of Activities
Completed
CDBG PROGRAM
Housing Rehabil itation Program 18 12
PUBLIC FACILITY & IMPROVEMENTS
General 0 0
Street Improvements 1 0
Sidewalks 1 1
Grand Total - Public Facilities &
Improvements
2 1
Priority Need Category Actual Number of
Persons/Households Served
PUBLIC SERVICES
Fair Hous ing Center of the Greater
Palm Beaches, Inc.
56 persons
Community Child Care Center
DBA Achievement Centers for
Children and Families
1054 persons
Other Community Development Needs Actual # of Activities Completed
HOUSING REHABILITATION
Housing Un its Rehabilitated 12
Clearance and Demolition 0
ECONOMIC DEVELOPMENT NEEDS
Economic Development Grant/Loan
Program
0
Business Technical Assistance 0
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
4
Table 1.
Strategy
2010
Actual
2011
Goal
2011
Actual
5 Year
Goal
% of 5 -
Year
Targe t
Met
CDBG
Funds
Expended
FY 2011
CDBG
Funds
Expended Total
Actual
*Not assisted this FY
Fair Housing Center 89 30 56 145 150 97% $6,000
$14,000
Community Childcare
Center 1036 700 1054 2090 3500 60% $72,540
$152,540
Urban Leag ue of PBC* 16 0 0 16 150 10% $0
$6,000
Economic Development
– Technical Assistance* 21 0 0 21 24 70% $0
$7,500
Economic Development
– For –Profit* 2 0 0 2 3 66% $0
$62,000
2011 CDBG Accomplishments:
Public Improvements
Accomp lishments: One (1) sidewalk project was completed this year. The five year goal is 6;
we have accomplished 2 which is 33% of that goal.
Project 2009 -39 Completed $72,295.78
Areas addressed: NW 2 nd Avenue, SW 1 st Street, 2 nd Street, SW 3 rd Street, SW 7 th Street, SW 1 st
Avenue, SW 3 rd Avenue, SW 5 th Avenue, and SW 7 th Avenue
Public Services
Accomplishments: During FY2011 -2012 the following agencies were assisted with CDBG funds:
Fair Housing Center of Palm Beach County - This activity provides fundin g for assistance to
provide fair housing education and outreach seminars/workshops in Delray Beach. The Fair
Housing Center conducted six (6 ) seminars/workshops this program year regarding housing
discrimination, obligations, laws and citizen rights. $6,0 00 of CDBG funds were expended in
doing so 56 persons were served.
Community Child Care Center – This activity provides affordable quality preschool to eligible
children ages 12 months through five years and after school care for children ages 5 -14 years.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
5
The children currently served are from households categorized as:
Extremely Low income 6%
Very Low Income 7%
Low Income 87%
CDBG funds were used to provide direct support to children and families for all aspects of
service delivery. 1054 ch ildren were served in FY2011 -2012 and $72,540 of CDBG funds was
expended.
Housing Rehabilitation Program: This program provides housing rehabilitation assistance of
owner -occupied homes of low to moderate income persons. A total of $303,813.56 was
expend ed.
Accomplishments: During FY2011 -2012 a total of sixteen (16) homes were addressed. Twelve
(12) were completed expending $173,393.06 of CDBG funds on ELI to Low -Income households.
List of Properties: Status Expended
1. Singleton – 1417 SW 4th Str eet Complete $ 25,600.00
2. Johnson -912 SW 3rd Street Complete $ 35,588.76
3. Walton – 336 NW 12 Avenue Complete $ 12,768.47
4. Marshall – 702 SW 1st Street Complete $ 25,043.07
5. Ivy - 218 SW 13th Avenue Complete $ 18,662.92
6. Trice – 215 NW 6th Aven ue Complete $ 26,758.52
7. Manning – 354 NW 6th Avenue Complete $ 37,835.96
8. Hunt – 905 SW 11th Terrace Complete $ 21,480.70
9. Williams - 113 SW 4 th Avenue Complete $ 450.00
10. McFarlane - 2461 Bessie Street Complete $ 23,861.80
11. Bowers - 316 NW 6 th Avenue Complete $ 23,395.36
12. Hunter – 714 SW 5 th Avenue Complete $ 450.00
13. Marsh – 238 NW 14th Avenue In Progress $ 450.00
14. Gibson – 622 SW 4 th Avenue In Progress $ 450.00
15. Carnegie –102 SW 8 th Street In Progress $ 4 50.00
16. Parker – 1009 NW 3 rd Terrace In Progress $ 450.00
The second year goal was 15 homes; we completed 12 homes which is 80% of the goal.
The five year goal is 75; we accomplished 21 which is 16 % of the goal.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
6
III. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE - TO FIVE -
YEAR HIGH PRIORITY GOALS AND OBJECTIVES
In order t o achieve the goals set for neighborhood revitalization that direct ly benefit in the form
of housing and other various identified needs, the City made funding available from the
Com munity Development Block Grant (CDBG) Program ($239,716 ), Children Service Council
(CSC) Grant ($420,000 ) CRA funded Curb Appeal Program ($50 ,000), Neighborhood
Stabilization Program (NSP) ($600 ,00 0 ), CRA Funded NSP/Foreclosure Program ($200 ,000) and
the C DBG Disaster Recovery Initiative funding (DRI2) ($200,000 ), Residential Construction
Mitigation Program (RCMP) (150,000), and State Housing Initiative Program (SHIP) (52,674 ). A
total of $1,712,39 0 was made available to provide community identified prior ity needs
benefiting very low, low and moderate -income residents during the 201 1 -201 2 Fiscal Year.
During this second year of the Five Year Consolidated Plan, the City of Delray Beach pursued
efforts to stabilize unfavorable conditions and revitalize n eighborhoods throughout the
Community Development Block Grant (CDBG) Target Area in order to improve the quality of
life for our citizens. The City of Delray Beach has continued its efforts to support neighborhood
associations, beautification projects , str eet and infrastructure improvements and development
of the downtown area. The Community Improvement Department continues to provide
concentrated code enforcement, investments in infrastructure, neighborhood beautification
improvements, opportunities for ho meownership and housing rehabilitation through the
various programs and investment strategies highlighted in this annual report. The City’s
capacity to increase innovative affordable homeownership activities has been enhanced due to
the successfu l continu ation of the Delray Beach Community Land Trust (CLT) and partnership
with the Delray Beach Community Development Corporation .
The City is pleased to report that it was successful in meeting the housing delivery goals
established under its Annual Action P lan, providing housing rehabilitation assistance to thirty -
five (35) households utilizing a combination of CDBG, Curb Appeal, DRI, NSP, RCMP, and
SHIP dollars. Housing investment activities included existing owner -occupied housing
rehabilitation, lead -bas ed paint testing and abatement, exterior improvements, and the first
time homebuyer purchase assistance program. Six division programs representing thirty -five
(35) completed projects ha d a combined rehabilitation cost of $615,035.52.
In our continue d efforts to assist low to mod erate -income households who suffered damages
from 2005’s Hurricane Wilma , t he City continue d to administer funding through Palm Beach
County and Florida’s Department of Community Affairs through the 2005 Disaster Recovery
Init iative (DRI). This year $79,800 of these funds were utilized to complete housing
rehabilitation project s . These projects will be discussed in greater detail later in this report.
In addition, during this rating period, the City continued to take action to overcome the current
foreclosure crisis by administering and implementing the Neighborhood Stabilization Program
(NSP1). The Community Improvement Department was awarded $1,905,005 from the Florida
Department of Community of Affairs , NSP 1 funds to car ry out two strategies under which
eligible activities will be undertaken . The Delray Beach Community Land Trust provided a
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
7
local match of $400,000 towards the NSP 1 . The City in FY 201 1 -201 2 purchased two (2)
additional bank -owned homes increasing our inve ntory to 19 properties . Eight (8) properties
have been sold to eligible families. Five (5) have been donated to DBHA for affordable rental.
Two (2 ) pro pert ies are currently being rehabbed. Two (2 ) properties are under contract and
three (3 ) are being mar keted for sale. The City continue s to s ell purchased properties and use
program income to continue the acquisition, rehab and sale process .
In accordance with the City’s Five Year Consolidated Plan (Priority Needs Summary table).
Owner -occupied housing rehabilitation household income ranges of 0 -30%, 31 -50% and 51 -80%
of median for the area are given a “High Priority .” Housing accomplishments in accordance
with these priorities are provided below. In terms of homeless needs, the Consolidated Plan
table lists Outreach Assessment and Transitional Shelters for families and Permanent
Supportive Housing for Persons with Special Needs as “High Priorities” as well,
Accomplishments are provided in the Continuum of Care section of this report. During the
reportin g period. the Department also addressed the following “High Priorities” listed in the
Consolidated Plan as “Priority Community Development Needs”: Neighborhood F acilities,
Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Yout h
Services, Neighborhood Outreach, Crime Awareness, Fair Housing Counseling, subsidized
Childcare Services and Code Enforcement (non -CDBG). Individual priority accomplishments
are reflected below by funding source.
CDBG f unds provided direct monetary ass istance for subsidized childcare services,
enhancement of neighborhood services , housing counseling and emergency intervention
programs, and fair housing education. All funded activities are considered to be “High
Priorities” in accordance with the City’s First Year Consolidated Plan.
Geographic Distribution of Funds
All activities undertaken during the program year were carried out within the Community
Development Block Grant (CDBG) Target Area (see attached map) consisting of census tracts
65.02, 67 .00 , 68.01 and 68.02 . 2000 Census income data reveals these census tracts are the areas
of lowest per capita income, lowest median household income and lowest family income in the
City.
Census Tract
65.02
Census Tract
67
Census Tract
68.01
Census Tract
68.02
Total Tract
Pop.
2588 2305 6149 3437
Minority Pop. 1897 2233 5586 3216
% Minority
Pop.
73.30% 96.88% 90.84% 93.57%
2000 Census data also indicates Census tracts 65.02, 67 .00 , 68.02 and 68.02 have the highest
concentration of minority populations. Overall. Delray Beach’s minority population makes up
34% of the City’s entire population. with the CDBG target area hav ing a minority population of
89%. The City is currently analyzing 2010 Census data.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
8
IV . AFFIRMATIVELY FURTHERING FAIR HOUSING
The City continually pursues diverse avenues in expanding its actions to affirmatively further
fair housing . During this review period the City of Delray Beach continued contract with the
Fair Housing Center of the Greater Palm Beaches (FHC) Inc., a non -profit fa ir housing
organization providing service county -wide with city funds . Although FHC, Inc. does not have
the authority to enforce fair housing regulations, the organization accomplishes its goals
through public education seminars and the ability to initiate legal proceedings against housing
providers accused of violating fair housing laws. The activities of FHC, Inc. are focused
throughout Dade, Broward and Palm Beach Counties (including the City of Delray Beach).
During this review period FHC, Inc. conducte d a total of six (6 ) educational
workshops/seminars as contracted. These workshops were provided for target area residents,
civic organizations, students at area schools, local realtors, and community based organizations.
T he City continued to utilize it s in -house Inspector , assigned to the Code Enforcement Division
which was funded from general revenue dollars provided by the City . In addition to providing
one -on -one landlord/property manager trainer sessions, referrals for conflict resolution services
involving fair housing issues and formal mediations related to landlord -tenant law, the
Inspector refers clients to FHC on an as -needed basis.
V . ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE
The City recently revised its Analysis of Impediments (AI) in October 2011 . The following
impediments and actions were identified:
Impediment 1 :
High rates of Predatory Lending in the City of Delray Beach among minorities
Predatory lending, most recently in the area of re -financing, ultimately strips borrowers of
home equity, ruins their credit records, and increases the likelihood of foreclosure. Studies
conducted in 2008 due to the new Neighborhood Stabilization Progra m show staggering
evidence of these lending practices in the City’s Northwest and Southwest neighborhoods,
According to the Department of Housing and Urban Development, Census Tracts 65.01, 65.02,
69.03, 69.07, and 69.08 are currently experiencing the Cit y’s highest risk of abandonment due to
pending foreclosures. Home prices in these areas have declined 16.3% from 2007 to 2008.
Vacancy rates in this area are projected to be currently in the range of 4% to 9.3%. It is assumed,
based on national studies and the local statistics notated above, that differential treatment in the
selling, and in re -financing property is prevalent among minority households in Delray Beach.
Action : The City of Delray Beach continue d to support non -profit partners in their e fforts to
educate residents about mortgage products, predatory lending and how to build credit. There
is a need for increased credit counseling and education . Contracted workshops through FHC
were geared to specifically include Predatory Lending Educatio n and Support Initiative
provides seminars for community based organizations, civic and faith based groups, and
Condo/Homeowner Associations to inform them about Federal and State Laws pertaining to
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
9
predatory lending and fair housing lending. Delray Beach residents will have access to the
p roject s toll free hotline, which utilizes a public information campaign featuring public service
announcements to various media outlets, and distributes anti -predatory lending educational
materials in order to heighten p ublic awareness.
Timeline : Increased promotion of existing N eighborhood R esource C enter (NRC) and FHC
services will co ntinue throughout the City .
Impediment 2 :
Lack of Public Awareness and Education concerning Fair Housing Rights
As stated by the Sta te of Florida’s Consolidated Plan 2011 -2015 , persons protected under fair
housing laws are typically unaware of their rights or what actions constitute a violation of
rights. Bringing awareness of Fair Housing laws to Delray Beach residents assists them i n
learning how to initiate the complaint process. The City of Delray Beach believes that a
contributing factor to overall decline in fair housing complaints may be due, in part, to the lack
of education .
Action: The City continued to make a concerted ef fort to further fair housing education.
Educational efforts include basic fair housing education about fair housing laws, awareness
training about agencies available to process complaints on a local level, education in identifying
discriminatory practices when seeking housing (i.e. geographical steering), home buyer
education and counseling in all areas of the City. The City will continue work in partnership
with the FHC in order to implement these initiatives. The C ity has established a working
relations hip with Legal Aid of Palm Beach County to strengthen the C ity’s ability to monitor
Fair Housing concerns and issues throughout Palm Beach County and the City of Delray Beach.
The City utilizes a monthly and quarterly new s letter, website and the distribut ion of
information via its monthly water bill to residents (which is mailed to over 20,500 households)
to disseminate important information regarding fair housing. The City also advertised Fair
Housing issues in a newly established newsletter targeting CD BG target area residents. The
City will work in partnership with FHC to coordinate public service announcements.
Timeframe: Increased actions to heighten public awareness is ongoing.
Impediment 3:
Lack of adequate Housing Choice Vouchers to support lo w income renters as evidenced by
the Delray Beach Housing Authority’s waiting list.
There are 1336 families presently on the Delray Beach Housing Authority’s (DBHA) Housing
Choice Voucher (HCV) waiting list. Families generally wait five years before they receive
housing assistance. In October 2010, DBHA received almost 7000 responses to 1000 slots on the
HCV waiting list. This incredible response indicates the inadequacy of available affordable
housing for low income renters.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
10
Action: The Delray Beach Housing Authority has established a Strategic Goal to increase the
availability of decent, safe, and affordable housing by expanding the supply of assisted
housing. This will be accomplished by applying for additional rental vouchers whenever the
opportu nity is made available through HUD’s Notice of Funding Availability (NOFA) process,
Timeframe: Ongoing, upon issuance of HUD NOFA.
I. Actions to Improve Public Housing
The Delray Beach Housing Authority’s (DBHA) Public Housing Development. was demolished
in 2008, and was the only public housing facility located in the jurisdiction of Delray Beach. The
development was located within the southwest section of the designated CDBG target area and
is in census tract 68.01.
Carver Estates was built in the early 1970’s and although maintained by the Authority with its
limited resources, the buildings deteriorated over time. The DBHA was unsuccessful in its
fourth attempt at HOPE VI funding, but has partnered with a private developer to redevelop
the former publi c housing site into a mixed income development financed through 4% and 9%
Tax Credits and Bonds. The project will consist of 144 affordable family units and 84 elderly
Project Based Voucher units. Ground -breaking is scheduled for January 2013.
I. Actions to Replace Affordable Rental Units
During FY2005 -2006, the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program
funds. The HHR program was created for the purpose of providing funds to assist those areas
of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislature
appropriated one -time hurricane housing recovery funds which are administered by the Florida
Housing Finance Corporation (FHFC). Staff collaborated with the Community Redevelopment
Agency and the Delra y Beach Housing Authority to develop strategies and to leverage dollars
and resources to identify projects that would best serve the housing needs of the very low -, low -
and moderate -income households.
In response to the loss of Carver Estates, the City c reated a Rental Housing Development
strategy in its HHRP Local Housing Assistance Plan. Under this strategy, the City partnered
with the CRA to rehabilitate two separate buildings within the CDBG Target Area for the
purpose of creating twenty three (23) a ffordable rental units. The CRA purchased the historic
La France Hotel located on NW 4 th Avenue as well as parcel of adjacent land for $475,764.60. In
addition the City’s HHR investment of $500.000. the CRA spent $2.336.790 toward the rehab
and construct ion of additional units. The second building, 133 NW 5 th Avenue, was purchased
by the CRA for $1,225,000. While the City allocated a total of $500,000 in HHR funding toward
this project, during FY06 -07 $203,520 of these funds were expended on rehabilitatio n of units.
The CRA contributed a total of $168,647.46 to the rehabilitation of these units. During this rating
period (FY10 -11) all units continued to be occupied by income eligible tenants. City staff
annually monitors files for income eligibility and al l 23 units are occupied by residents at or
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
11
below 100% of median income. Of the Twenty Two (2 2 ) units, presently fourteen are occupied
by Extremely Low -Income households, four (4 ) by Very Low -Income households, three (3) by
Low -Income households, and one (1 ) Moderate -Income households.
The DBHA, through its non -profit instrumentality, the Delray Housing Group (DHG), currently
manages both the La France Apartments and Carolyn Quince Apartments under a 5 -year
management agreement with the CRA. This arrange ment provides another layer of assurance
that the units will remain affordable to the City’s low income community,
OTHER DBHA ACTIVITIES:
Utilizing its Replacement Housing Factor funds, DBHA acquired and rehabilitated 5
units to be used for Public Housin g purposes. All units are currently occupied by
eligible families.
Through the City’s Neighborhood Stabilization Program. DBHA/DHG acquired 6
housing units and manages them as additional affordable housing for extremely low
income families.
V I . AFFORDAB LE HOUSING ACTIONS
Eliminating barriers to affordability is a primary objective of the Community Land Trust
programs and grants for housing rehabilitation. During this review period, the City continued
to promote affordable housing through its Neighborho od Services Division. Various resources
(as described throughout this report) are utilized to maintain and expand the City’s inventory
of affordable units.
Affordable Housing Advisory Committee
In 2008 the Delray Beach City Commission appointed ten memb ers to the established
Affordable Housing Advisory Committee. The Committee was established by Resolution 12 -08.
Florida Statute 420.9076 mandates that all local governments currently receiving State Housing
Initiatives Partnership SHIP funding establish a committee to review the City’s established
policies and procedures, ordinances, land development regulations, and comprehensive plan.
The purpose of the committee is to recommend specific actions or initiatives to encourage or
facilitate affordable hou sing while protecting the ability of the property to appreciate in value.
Actions to Overcome the Foreclosure Crisis
The City of Delray Beach continues to implement Neighborhood Stabilization Program (NSP)
1,905,505 funds awarded from T he Florida Depar tment of Community Affairs . These funds
were matched with an additional $400,000 from the Delray Beach Community Redevelopment
Agency . The Community Improvement Department NSP funds are being utilized to carry out
two housing strategies . The City of Delr ay Beach has partnered with the Delray Beach Housing
Authority, Delray Beach Community Land Trust and Delray Beach Community Development
Corporation to assist with the disposition of NSP properties.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
12
The City has obligated $2.3 million of the NSP grant awa rd for the purchase and rehabilitation
of nineteen (19 ) foreclosed and/or abandoned single -family homes throughout Delray Beach:
The City in FY2011 -201 2 purchased two (2) additional bank -owned homes increasing our
inventory to 19 properties . Eight (8) pro perties have been sold to eligible families. Five (5) have
been donated to DBHA for affordable rental. Two (2 ) propert ies are currently being rehabbed.
Two (2 ) properties are under contract and three (3 ) are being marketed for sale. The City
continue s to s ell purchased properties and use program income to continue the acquisition,
rehab and sale process.
NSP Strategy 1: Housing Acquisition/Rehabilitation of Homes for Sale to Households with
Incomes Less than 120% of Area Median Income (AMI) - The purpos e of this strategy is to
stabilize the Delray Beach’s areas of greatest need by providing a means for the acquisition.
rehabilitation, and resale of residential units which are presently real -estate/bank owned (REO).
The City is work ing with banks to acqu ire residential units that have been foreclosed and
abandoned within the areas of greatest need. A minimum of t welve (1 2 ) u nits will be sold to
households whose income does not exceed 120% of AMI.
NSP Strategy 2: Housing Acquisition/Rehabilitation of Ho mes for Lease to Households with
Incomes Less than 50% of AMI - The purpose of this strategy is to turn foreclosed residential
properties into decent, safe, affordable rental housing for households at or below 50% of AMI.
The City has acquire d and rehabil itate d single family housing units within the designated NSP
area of greatest need. A minimum of five (5) u nits will be donated to the Delray Beach Housing
Authority /Delray Housing Group for the purpose of renting units to households whose income
does not exceed 50% of AMI.
The Five -Year Consolidated Plan determined that all three household income categories are
prioritized as follows: “Extremely Low” 0 -30%. “Very Low” 31 -50%. “Low ”. 51 -80% during this
review period, priority housing needs were addresse d as follows:
Existing Owner -Occupied Housing Units
Priority: Extremely Low Income (0 -30% ELI) and Very Low -Income (31 -50% VLI) Existing
Homeowners and First -Time Homebuyers; and Low - Income (51 -80% LI) First -Time
Homebuyers:
Community Development B lock Grant (CDBG)
Sixteen (16 ) owner -occupied units were addressed. Twelve (12) was completed (full rehab)
utilizing a total of $173,393.06 in CDBG funds, providing housing rehabilitation at average
of approximately $10,837.00 per unit. Of the household, 2 w ere classified as extremely low,
0 as very -low income and 1 0 as low income category; 9 of the households assisted were
classified as Black, non -Hispanic . Nine (4 ) additional units are currently underway .
Disaster Recovery Initiative (DRI)
Two (2 ) owner -occupied units were completed (full rehab) utilizing a total of $51,320 in DRI
funds, providing housing rehabilitation at average of approximately $25,660 per unit. Of
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
13
the household, one (1) w as classified as very -low and one (1) as low income categ ory; both
of the households assisted were classified as having Hispanic background.
Neighborhood Stabilization Program (NSP)
The City has obligated $2.3 million of the NSP grant award for the purchase and
rehabilitation of nineteen (19 ) foreclosed and/o r abandoned single -family homes throughout
Delray Beach: Eight (8) properties have been sold to eligible families. Five (5) have been
donated to DBHA for affordable rental. Two (2 ) propert ies are currently being rehabbed.
Two (2 ) properties are under co ntract and three (3 ) are being marketed for sale. The City
continue s to s ell purchased properties and use program income to continue the acquisition,
rehab and sale process.
Residential Construction Mitigation Program
The City of Delray Beach, Neighbor hood Service Division in August 2011 was awarded
grant funding in the amount of $150,000 from the Division of Emergency Management
(DEM) to implement the Hurricane Loss Mitigation Program. This competitive grant
program funding was available through the Re sidential Construction Mitigation Program
(RCMP) and was used to harden income eligible and qualified single -family homes within
the community that are in need of hurricane retrofitting. The city utilized this funding
source to leverage eighteen (18 ) homes for hurricane retrofitting, estimated to cost between
$2,500 - $15,000 per home.
Priority: Very Low Income (0 -50% MFI) and Low -Income (51 -80% MFI) Existing
Homeowners and First -Time Homebuyers; and Moderate -Income (80 -120% MFI) First -Time
Homebuyers.
During FY0 8 -0 9 , the City allocated $450,000 to the CLT in support of the Sub Recipient
Housing Partnership Program. The maximum subsidy available to assist eligible
homebuyers is $75,000. Under this program, subsidy is awarded (based on occupants
income eligibility) to the CLT to be applied towards the principal reduction of construction
costs of CLT units. This strategy enhances each unit’s affordability by keeping the subsidy
joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces
the sales price for the occupant and enhances the unit’s affordability in perpetuity, During
FY 11 -12 , the CLT expend ed $51,500 in SHIP subsidy toward the CLT Sub -Recipient Housing
Partnership for First Time Homebuyers. Assi s tance was provi ded for a total of 2
households, of which both w ere classified a s extremely -low income.
In addition, the City continued to implement its Family Workforce Housing Ordinance
which was adopted in November 2004. The Ordinance provides regulations and incen tives
to encourage developers to build housing within the City’s CDBG target area; and includes
and preserves the Family/Workforce housing along with market rate housing. Performance
criteria contained in the Ordinance controls the proportions of workforc e housing to market
rate housing in terms of bedroom sizes, for sale and for rent, and housing product types, as
well as in other ways that would promote development of workforce housing units.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
14
Covenants and restrictions apply to both for sale and for ren t workforce housing to ensure
sustained affordability for a longer term. The intention of this policy is to make affordable
and diverse housing opportunities available throughout the City.
In FY 11 -12 three new workforce housing projects were approve d by City Commission. The
new projects include Alta Congress Owner, LLC,; Behringer Hayward Delray , LLC, and SP5
Wood Midtown Delray.
VI I . CONTINUUM OF CARE NARRATIVE
The Palm Beach County Continuum of Care is the county -wide strategy (inclusive of Delray
Beach) for meeting the needs of individuals and families who are homeless or at risk of
becoming homeless. The Palm Beach County Continuum of Care is known as the Homeless
and Housing Alliance (HHA) of Palm Beach County, which delivers a compr ehensive and
coordinated continuum of services for homeless individuals and families and those at risk of
becoming homeless, inclusive of Delray Beach. The Palm Beach County Division of Human
Services (The Division) is the lead entity for the HHA. As lead entity, the Division coordinated
the efforts to develop a strategic plan to end homelessness. On September 23, 2008, the Board
of County Commissioners adopted the Ten -Year Plan to End Homelessness in Palm Beach
County, The system’s fundamental componen ts include homeless prevention, outreach and
assessment, emergency shelter, transitional housing, supportive services, permanent housing,
and permanent supportive housing. The HHA is responsible for the planning and evaluation of
the homeless delivery sys tem.
The HHA also seeks funding for homeless services focusing on housing and support services.
Funding sources include the HUD Super NOFA, the State of Florida, Department of Children
and Families Office on Homelessness Challenge Grant, and Homeless H ousing Assistance
Grant. The Palm Beach County Board of County Commissioners, through the Division of
Human Services, as Lead Entity, submitted the 2010 HUD SuperNOFA application, which
included twenty (20) projects, requesting a total of $4,956,902. Of th e $4,972,262 awarded,
$4,151,055 was provided as 17 one -year Supportive Housing Program (SHP) grants and
$424,704 was provided as two separate one -year Shelter Plus Care (S+C) grants. A new two -
year project for families which includes 8 beds for chronical ly homeless families was also
included in this award.
The funding received by the participating agencies supported transitional housing, a sponsor -
based rental assistance program for the homeless, permanent supportive housing, childcare,
employment ass istance, life skills training, case management and supportive services
appropriate to the individual projects. The Palm Beach County Continuum of Care 2011 Point
in Time Unsheltered Homeless Households count for Delray Beach is 74, of which 68 were
locate d within the CDBG target area. All of the households/individuals identified in the count
are eligible to access the services obtained and provided through the HHA network of service
providers.
VII I . OTHER ACTIONS
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
15
Actions to O vercome G aps in I nstitutio nal S tructure
During FY 11 -12 , the City continues to provide much needed s ocial services offered through the
Neighborhood Resource Center (NRC). The Neighborhood Resource Center’s mission is to
enrich the quality of life of City residents and promote a s ense of community through the
delivery and connection of services that educate, develop financial management skills, and
promote productive lifestyles. The NRC serves as office space for organizations and agencies
such as the Community Land Trust, United Way Prosperity Campaign, CROS Ministries /
Caring Kitchen, and one on -site City funded position.
Services provided on -site at the recently expanded NRC include:
Neighborhood Services
Information Clearing House
Maps & Databases of Neighborhood Associatio ns
Neighborhood Resource Library
Technical Assistance to Grass Root Organizations
Meeting Space
Mailing Labels, Creating & Distributing Notices
Volunteer/ Civic Engagement
Mentoring Programs
Technical Assistance to community -based organizations engaging re sidents and
sustaining involvement
Workshops and training including classes such as:
o Neighborhood Pride Grant workshop
o Making City Hall Work for You
o How to be a President or Chairperson
o Neighborhood Crime Watch
o Nutrition and Wellness
Community Land Trust
Sales office for purchase of CLT single family homes, town homes and
condominiums
Homebuyer education and CLT workshops
Access to SHIP subsidy dollars
CROS Ministries/ Caring Kitchen
Immediate needs assistance such as:
o Food or foo d vouchers
o Prescriptio ns
o Access to clothing/ hygiene products
o Assistance in accessing medical treatment, doctors’ appointments
o Assistance in accessing SSA, WFA, etc.
Non -emergency needs assistance such as:
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
16
o Assistance in accessing various public services
o Greyhound tickets/ tra vel
o Declaration of Domicile
o Obtaining identification cards
Goodwill Industries International
Goodwill® inspires hope and self -confidence, helping people from all backgrounds and
walks of life to feel successful, valuable and dignified. Goodwill Industr ies International
Inc. helps people earn a living, improve their lives, and strengthen their families and
their communities. Goodwill assistance such:
o C ustomized job training
o E mployment placement a nd other services to people who have disabilities,
lack education or job experience, or face employment challenges
The Legal Aid Society of Palm Beach County, Inc.
The Legal Aid provid es high quality civil legal advice, representation and education to
th e disadvantaged of Palm Beach County so as to protect their personal safety, enhance
their opportunities and living conditions and promote self -sufficiency. The Legal Aid
Society of Palm Beach County helps our citizen’s deal with many of life's most basic
needs: a safe home, enough food to eat, a quality education , and protection against
exploitation and discrimination.
Actions to E nhance C oordination
The City of Delray Beach has a number of su ccessful groups and committees that currently
work together to provide an effective delivery system for affordable housing production and
services throughout the City. A variety of organizations, including local housing organizations
such as the Delray Be ach Housing Authority, the Delray Beach Community Redevelopment
Agency , the Delray Beach Community Development Corporation , the Delray Beach
Community Land Trust and the City collaborate regularly to try and serve as wide a range of
persons as possible thr oughout the City. Among the current initiatives underway include a
redevelopment plan for the City’s public housing complex (Carver Estates) which was
condemned and demolished after Hurricane Wilma , the West Settlers Historic District
Revitalization, and the Mayor’s Relationships between Authorities. Citizens & Experts (RACE )
I nitiative.
Actions to Replace Affordable Rental Units
During FY200 5 -200 6 , the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program
funds. The HHR program was created for the purpose of providing funds to assist those areas
of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislature
appropriated one -time hurricane housing recovery funds which are administered by the Florida
Housing Fina nce Corporation (FHFC). Staff collaborated with the Community Redevelopment
Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
17
and resources to identify projects that would best serve the housing needs of the very low -, low -
and modera te -income households.
In response to the loss of Carver Estates, the City created a Rental Housing Development
s trategy in its HHRP Local Housing Assistance Plan . Under this strategy, the City partnered
with the CRA to rehabilitate t wo separate buildings within the CDBG Target Area for the
purpose of creating twenty three (23) affordable rental units. The CRA purchased the historic
La France Hotel located on NW 4 th Avenue as well as parcel of adjacent land for $475,764.60. In
additi on the City’s HHR investment of $500.000. the CRA spent $2.336.790 toward the rehab
and construction of additional units. The second building, 133 NW 5 th Avenue, was purchased
by the CRA for $1,225,000 . While the City allocated a total of $500,000 in HHR f unding toward
this project, d uring FY06 -07 $203,520 of these funds were expended on rehabilitation of units.
The CRA contributed a total of $1 68 ,647.46 to the rehabilitation of these units. During this
rating period (FY 11 -12 ) all 23 units continued to be occupied by income eligible tenants . City
staff reviewed files for income eligibility and all 23 units are occupied by residents at or below
100% of median income . Of the Twenty Two (22) units, presently fourteen are occupied by
Extremely Low -Income house holds, four (4) by Very Low -Income households, three (3) by
Low -Income households, and one (1) Moderate -Income households.
Actions to Improve Resident Initiatives
City of Delray Beach general revenue funding is provided annually in support of other
Nei ghborhood Housing Program initiatives as well. Funds are provided for outreach and
education initiatives a s well as development of existing and new neighborhood, community
and homeowner associations throughout the City of Delray Beach. Under the Neighborho od
Housing P rogram, funding is also provided in support of neighborhood clean -up campaigns,
our local A dopt -A -S t reet and A dopt -A -T ree programs, as well as numerous other events and
activities.
In addition, the City completed its seventh year as a partner with the Achievement Centers for
Children and Families to provide much needed services to families residing in the CDBG target
area. Under a grant from the Children Service Council (CSC) of Palm Beach County, the City
partners with the non -profit agency t o implement the highly successful “Beacon Center” model
providing comprehensive wrap around services to the students and their families at the Village
Academy Elementary School. This school is located in the core part of the CDBG target area
and ninety -ei ght percent of the student population qualifies for free lunch under the Federal
designation of poverty . A total 1054 c hildren were served during this rating period.
Lead -Based Paint Hazard Reduction
The City implements its housing related activities in a manner which assesses lead -based paint
risk for traditional target population (i.e., at risk children under 7 years of age .) When
providing assistance under its housing programs, t he City continues to provide all applicants
with the “Lead -Based Paint” p amphlet that describes hazards of lead -based paint. The City’s
Housing Rehabilitation Specialist has been designated a certified Lead Inspector and t he City
utilizes the services of a certified lead -based paint professional to conduct lead inspections and
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
18
risk assessments. In addition, the City created an awareness of and promoted to local
contractors the “Lead -Safe Work Habits” training,
Program Compliance and Planning Requirements
The City monitors Plan implementation through detailed record -keeping of project execution,
on -site inspections and maintaining close functional links with service providers, economic
organizations, neighborhood groups and target beneficiaries. Staff involvement with in housing
and community development organizations and their activities provide valuable insight into
the evolving needs of low - and moderate -income persons.
Focus groups and citizen meetings, conducted as part of developing the Five -Year Consolidated
Plan has provided opportunities to share information and hear a bout issues important to
neighborhood groups and community agencies. Details on CDBG programs, neighborhood
organizations. and other public information is maintained on the City’s website at
www.mydelraybeach.com
Anti -Poverty Measures (Data)
In addition to the City’s holistic approach to community development (as described throughout
this document), it also takes a multi -faceted approach toward reducing the number of
households with income below the poverty level. The first approach is to provide safe a nd
affordable housing for very low -, low - and moderate -income households. Specific activities
include owner rehabilitation, emergency repair, homeownership, code enforcement,
demolition/clearance, support services (including fair housing and housing couns eling
services), working with affordable housing providers including the Delray Beach Community
Land Trust , assisting non -profit and for -profit developers to initiate new construction activities,
and working with at -risk homeless and “special needs” provid ers.
The second approach is to establish healthy neighborhoods through balanced, diverse
development of public facilities, infrastructure, housing, commercial, recreational and safety
activities.
Economic development represents the third facet of the c ity’s approach to anti -poverty.
Economic development efforts will be expanded by retaining and expanding employment and
business opportunities for city residents. Specific activities include job creation for target area
residents, promoting downtown revi talization , supporting non -profit housing partner in its
small business incubator program, and promoting neighborhood revitalization through
commercial redevelopment.
T he City of Delray Beach and the Delray Beach Community Redevelopment Agency co -funded
an Economic Development Director in efforts to expand, create and retain employment and
business opportunities for city residents. Specific activities include job creation for target area
residents, promoting downtown revitalization, supporting non -profit housing partner in its
small business incubator program, and promoting neighborhood revitalization through
commercial redevelopment.
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
19
In 1995 the City adopted the West Atlantic Redevelopment Plan. The City and CRA in
September 2010 brought back consultan ts to update the West Atlantic Redevelopment Plan in
an effort to continue the elimination of slum and blight in the area and facilitate successful
redevelopment projects. The plan include d eliminating blighted conditions along West Atlantic
Avenue and ad jacent side streets, encouraging economic growth, redevelopment and minority
business development, increasing job opportunities within the West Atlantic redevelopment
area, promotion of businesses which serve the neighborhood residents, acquiring land in o rder
to aggregate sites sufficiently large enough to encourage redevelopment, developing of
programs, events, and projects which attract new consumers to the Avenue, creating safer
conditions for consumers, residents, and businesses, and beautifying the We st Atlantic Avenue
corridor.
Since 2003 the CRA has committed and spent more than $25 million in acquiring property,
improving the infrastructure of West Atlantic Avenue and several other projects in the
Southwest and Northwest neighborhoods within the CD BG target area. There also are other
projects currently in progress such as the Gateway Feature, improvements to Southwest 12th
Avenue and the Cultural Loop or Martin Luther King Boulevard beautification .
The CRA and City are aggressively recruiting and i mplement ing programs to bring new
businesses and jobs into the CDBG target area. During FY201 1 -20 1 2 , the CRA and City
allocated $225,000 toward microenterprise lending for small business assistance, job creation
and technical assistance to assist with sti mulating economic development.
IX . LEVERAGING RESOURCES
The City of Delray Beach was very successful in leveraging CDBG funds with other public and
private resources. The City’s successful housing programs have enabled the direct leveraging
of subs tantial match dollars in the form of first mortgages through private lending institutions,
Palm Beach County Government, US HUD, and other local funding providers. Also, Public
Service agencies are encouraged to seek other funding sources for the purpose of leveraging
CDBG dollars.
The City of Delray Beach, Neighborhood Service Division was awarded grant funding in the
amount of $150,000 from the State of Florida, Division of Emergency Management (DEM) to
implement the Hurricane Loss Mitigation Program. This competitive grant program funding is
available through the Residential Construction Mitigation Program (RCMP) was used to harden
income eligible and qualified single -family homes within the community that are in need of
hurricane retrofitting.
The C ity utilize d this funding to leverage nineteen (19 ) homes for the post hurricane
retrofitting, estimated to cost between $2,500 - $15,000 per home.
X . CITIZEN COMMENTS
As required in accordance with the Consolidated Plan regulations, a fifteen -day public review
and comment period was given to the City’s citizens and other interested persons prior to the
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
20
submittal of this report to the US HUD field office. A copy of the advertisement requesting
review and comments relating to the document is attached to th is report.
X I . SELF -EVALUATION
During the FY 20 11 -2012 reporting period the City of Delray Beach continued to make progress
toward meeting identified community needs and priorities. The City successfully accomplishe d
numerous housing rehabili tations , p ublic service activities and other community development
initiatives . CDBG, SHIP and other local dollars were allocated toward a diversity of eligible
activities in support of the City’s holistic approach to providing affordable housing. a suitable
living environment and expanded economic opportunities for our residents.
I nvestment by area builders as well as non -subsidized homebuyers has continued to
compliment the City’s efforts to improve sub -standard housing conditions . Active code
enforcement, citiz en patrols, drug prevention programming , comprehensive housing
rehabilitation and the provision of targeted social services have all continued to assist with the
improvement of living conditions and increased property values throughout the CDBG Target
Area .
By targeting our efforts geographically and allocating CDBG dollars toward “High Priority”
concerns/issues identified in the 201 0 -2015 Consolidated Plan, t he City made tremendous
progress in meeting the program objectives and identified priorities . Th e City ’s on -going
collaborative efforts with other public and private entities and increased p ublic participation
throughout the year s helped to keep the City “fluid” in identifying new resources and avenues
to meet the identified needs.
T he City has su ccessfully utilized CDBG dollars to address needs identified in the Consolidated
Plan. This is supported by the outcomes reported under each separate activity throughout this
report and in the attached IDIS reports. In addition, the City utilized the CPM P Tool for the
submission of its 2011 -2012 Annual Action Plan which will assist in reporting future
productivity and program impact. During this rating period the City satisfied the statutory test
for timely expenditure of funds.
X I I. C DBG NARRATIVE STATEMENT
a. Use of CDBG Funds in Relationship to Consolidated Plan
As described throughout this report, the City has been extremely successful in addressing
local needs identified at the community level. During this reporting period alone, the
Department ag ain addressed the following “High Priorities”. listed in the Consolidated Plan
as “Priority Community Development Needs”: owner -occupied housing rehabilitation,
homeless and non -homeless with special needs issues, neighborhood facilities, childcare
centers , parks , recreational facilities, youth and adult services, crime awareness, fair housing
counseling, subsidized childcare services, and targeted code enforcement. This report in
various sections provides individual priority accomplishments, particularly w hen
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
21
discussing affordable housing preservation and development. 100% of all CDBG funds
expended during the 201 1 -201 2 Program Year served to meet the National Objective of
benefiting low and moderate -income persons (24CFR 570.208a).
During this reporting period CDBG funds were also allocated to the following private non -
profit organizations in support of eligible public service activities.
Community Child Care Center
The Center provides pre -school education and family services to very low - and low -income
children (100% Title IV -A), individuals under Protective Services custody, parents enrolled
in work training programs, and low -income teen parents. During this reporting period
CDBG funds in the amount of $72,540 were provided to the agency in support of
programming efforts. A total of 1054 unduplicated children received the direct benefits of
this programming effort.
FairHousing Center of the Greater Palm Beaches (FHC)
During this review period the City of Delray Beach continued contract with the Fair
Housing Center of Greater Palm Beaches (FHC) Inc., a non -profit fair housing organization
providing service county -wide with city funds . During this period CDBG funds in the
amount of $5 ,000 were provided to the agency in support of programming efforts. D uring
this review period FHC, Inc. conducted a total of six (6 ) educational workshops/seminars as
contracted. These workshops were provided for target area residents, civic organizations,
students at area schools, local realtors, and community based organi zations.
b. Efforts in Carrying Out Planned Actions
All projects and activities included in the approved Annual Action Plan for this reporting
period (201 1 -201 2 ) have either been completed or are underway. Funds from previous
program years were also expende d during this time and are reflected in the IDIS generated
reports.
c. Benefiting the National Objectives
All projects/activities funded under the City’s CDBG formula entitlement during this
reporting period met the National Objective criteria. All funded a ctivities met the National
Objective of Benefiting Low and Moderate -Income Persons. The grantee met and exceeded
the overall benefit certification requirements (of 70%).
d. Activities Involving Occupied Real Property
As provided in various sections of this r eport, CDBG funds were utilized during this period
for numerous rehabilitation activities. However, none of the activities required relocation as
a result of displacement.
e. Economic Development Activities Undertaken and Other Issues
During this program ye ar, no funds were used towards economic development. The CRA
and City allocated $225,000 toward microenterprise lending for small business assistance,
job creation and technical assistance to assist with stimulating economic development
2011 -12 Consolidated Annual Performance and Evaluation Report
October 1, 20 11 – September 30, 20 12
22
f. The City’s annu al Section 3 report has been submitted electronically. A copy is included
with this report.
XIII. PUBLIC PARTICIPATION / ADDITIONAL REQUIREMENTS
In accordance with the Consolidated Plan regulations, this report was made available to the
public for examination and comment from November 1 1 , 201 2 through November 2 6 , 20 1 2 .
No public comments ha ve been received prior to submission of the Report to the HUD Field
Office December 29 , 201 2 . Any comments received after submission will be sent as an
addendum to the CAP ER . Please see attached newspaper advertisement published locally.
The completed CAPER is also available for examination by the public upon request.
XIV. ATTACHMENTS
a. Advertisement – Notice of Availability of CAPER
b . Map of CDBG Target Area
c . IDIS Generated reports
1. PR03: CDBG Activity Summary Report
2. PR23: Summary of Accomplishments (7 Parts)
3. PR26: CDBG Financial Summary Report
4. PR83: CDBG Performance Measures Report
5. PR84: CDBG Strategy Area, CFDI, and Local Target Area Report
6. Community Development Need s Spreadsheet
7. Project Performance Measures
e. 2011 -2012 Section 3 Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
List of Activities By Program Year And Project
IDIS - PR02
DELRAY BEACH,FL
DATE:11-07-12
8:22 TIME:
PAGE:1
ALL
ALL
CDBG
2010
CPD PROGRAM REPORT FOR
PGM YR
Funding Agency:DELRAY BEACH
Plan Year IDIS Project Project IDIS
Activity ID Activity Name Activity
Status Program Metrics Funded Amount Draw Amount Balance
2010 1
2
3
5
6
PROGRAM ADMINISTRATION
Project Total
HOUSING REHABILITATION
Project Total
PUBLIC SERVICE
Project Total
PUBLIC FACILITIES AND IMPROVEMENTS
Project Total
ECONOMIC DEVELOPMENT
Project Total
312
319
313
314
316
317
321
322
323
324
326
327
328
329
330
331
332
334
335
336
318
320
315
333
325
PROGRAM ADMINISTRATION
FAIR HOUSING CENTER OF THE GREATER PALM
BEACHES
HOUSING REHABILITATION ADMINISTRATION
KELLY/09-279
SINGLETON/09-306
JOHNSON/09-310
BEAN/09-286
ONLEY/09-278
WALTON/09-317
SPELLS/09-305
MARSHALL/09-316
DORITY/09-304
IVY-WILLIAMS/10-343
HANKERSON/09-313
TRICE/09-314
MARSH/10-335
WILLIAMS/10-342
HUNTER/09-289
MANNING/08-246
HUNT/09-300
ACHIEVEMENT CENTERS FOR CHILDREN AND
FAMILIES
URBAN LEAGUE OF PALM BEACH COUNTY
INFRASTRUCTURE IMPROVEMENTS
BIKEPATHS/SIDEWALKS
THE CENTER FOR TECHNOLOGY, ENTERPRISE &
DEVELOPMENT
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Open
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
$97,464.70 $97,464.70 $0.00
$8,000.00 $8,000.00 $0.00
$105,464.70 $105,464.70 $0.00
$180,355.60 $180,355.60 $0.00
$30,511.02 $30,511.02 $0.00
$23,950.00 $23,950.00 $0.00
$35,588.76 $35,588.76 $0.00
$35,236.90 $35,236.90 $0.00
$14,542.30 $14,542.30 $0.00
$12,768.47 $12,768.47 $0.00
$11,274.12 $11,274.12 $0.00
$26,693.07 $26,693.07 $0.00
$23,250.00 $23,250.00 $0.00
$18,662.92 $18,662.92 $0.00
$26,418.00 $26,418.00 $0.00
$26,758.52 $26,758.52 $0.00
$450.00 $450.00 $0.00
$450.00 $450.00 $0.00
$450.00 $450.00 $0.00
$37,835.96 $37,835.96 $0.00
$21,480.70 $21,480.70 $0.00
$526,676.34 $526,676.34 $0.00
$80,000.00 $80,000.00 $0.00
$6,000.00 $6,000.00 $0.00
$86,000.00 $86,000.00 $0.00
$41,657.16 $41,657.16 $0.00
$72,295.78 $72,295.78 $0.00
$113,952.94 $113,952.94 $0.00
$7,500.00 $7,500.00 $0.00
$7,500.00 $7,500.00 $0.00