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12-14-04 Agenda Reg CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY. DECEMBER 14. 2004 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA O. AGREEMENTNETERAN'S PARK FOUNTAIN: Consider approval of an agreement with artist, Carlos Alves, in the amount of $31,196.00 to retile the existing fountain at Veteran's Park. Funding is available from various accounts within the 2004 Bond Fund and FY 04/05 Beautification Fund. P. CONSULTING AGREEMENT/WILLIAM PLUM: Consider approval of a consulting agreement with William M. Plum for a one (1) year period for real estate acquisition services. ******************************************************************************** Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City of Delray Beach Regular Commission Meeting ¢~"I,~ ~...-..:, .:: ('. v ~4)-' f; ~ "I; ~ =:::J RULES FOR PUBLIC PARTICIPATION Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Dekay Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generany, 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. Tuesday. December 14.2004 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Dekay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an mdividual with a disability an opportunity to particIpate in and enjoy the benefits of a service, program, or activity conducted by the CIty. Contact Doug Randolph at 243- 7127,24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . NONE 6. PROCLAMATIONS: . NONE 7. PRESENTATIONS: A. Special Recognition Award, Jimmy Storey, Jimmy's Stone Crabs B. Report on Homeowner's Hurricane Damage Repair Assistance, Lula Buder C. Site Plan Review and Appearance Board (SPRAB) Awards 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF RIGHT-OF-WAY DEED/508 NORTH SWINTON AVENUE: Approve and accept a right-of-way deed associated with 508 North Swinton Avenue, located on the west side of North Swinton Avenue between Lake Ida Road and N.W. 6th Street. B. SERVICE AUTHORIZATION NO. 23/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 23 to Mathews Consulting, Inc. in the amount of $182,641.00 for consulting engineering services related to the Phase II expansion of the City's Reclaimed Water Transmission System Project. Funding is available from 441- 5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission System). C. CHANGE ORDER NO. l/FINAL PAYMENT /CONOUEST ENGINEERING. INC.: Approve Change Order No. 1 in the amount of an $86,283.16 decrease, and final payment in the amount of $65,702.68 to Conquest Engineering, Inc. for completion of the Southwest Area Infrastructure Improvements Phase II Project. Funding is available from 442-5178-536-65.58 (Water/Sewer Renewal & Replacement Fund/SW Area Phase II). D. LANDSCAPE MAINTENANCE AGREEMENT /FLORIDA POWER AND LIGHT: Approve and accept a landscape maintenance agreement and a quit-claim deed for right-of-way associated with the Florida Power and Light Germantown Substation (1604 S.W. 10th Street). 12-14-2004 - 2 - E. RATE ADJUSTMENTS/FIRE-RESCUE EMERGENCY MEDICAL SERVICES (EMS) TRANSPORT FEES: Approve rate adjustments for the Fire- Rescue Department's Emergency Medical Services (EMS) Transport Fees effective January 1,2005. F. SPECIAL EVENT REOUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 2nd Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 19-20, 2005 from 10:00 a.m. until 6:00 p.m. on the grounds of Old School Square and on a portion of the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the closure and use of N.E. 1st Avenue, north of the grounds of Old School Square to N.E. l't Street, staff assistance for traffic control! security, trash removal/clean up with event signage to be installed one week prior to the event; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and approval from the CRA for the use of their parking lot. G. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG.) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with six (6) sub-recipients (Community Child Care Center; Fair Housing Center of the Greater Palm Beaches, Inc.; Palm Beach County Resource Center, Inc.; Prosperi Company, Inc.; The Center for Technology, Enterprise, and Development; and the Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2004-2005, with the total funding in the amount of $148,000.00 from various accounts within the CDBG fund. I. AWARD OF BIDS AND CONTRACTS: . NONE 9. REGULAR AGENDA: A. REQUEST FOR IN-LIEU PARKING SPACES/FITZY'S PLACE: Consider a request from Fitzy's Place for the purchase of one (1) in-lieu parking space in the amount of $12,000.00. Fitzy's is located at 101 S.E. 4th Avenue. (Quasi-Judicial Hearing) 12-14-2004 - 3 - B. RATIFICATION OF COLLECfIVE BARGAINING AGREEMENT AND MEMORANDUM OF UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN & OILERS (NCF&O). LOCAL 1227: Approve and ratify the Collective Bargaining Agreement and Memorandum of Understanchng between the City and the National Conference of Firemen and Oilers (NCF&O), Local 1227, for the three year period October 1, 2004 through September 30, 2007. C. GRANT CONSULTING AGREEMENT /LANGTON ASSOCIATES: Consider approval of continuation of the SMARTgrants Consulting Contract between the City of Delray Beach and Langton Associates in the amount of $2,500.00 per month for grant writing services on a month to month basIs. Funchng is available from 001-6111-519- 99.03 (City Manager's Contingency Fund). D. CONTRACf AWARD/MEF CONSTRUCfION. INC.: Consider approval of a contract award to second lowest bidder, MEF Construction, Inc., in the amount of $721,420.00 for the S.W. 12th Avenue, SW 11th Avenue, and S.W. 3rd Street Improvements Project. Funding is available from 442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.W. 12th Ave., S.W. 11th Ave. and S.W. 3rd St.). E. RESOLUTION NO. 92-04: Consider approval of the Notification and Offer Letter and Resolution No. 92-04 authorizillg the acquisition of property, The Commons, by eminent domain and authorize the making of offers in certain eminent domain proceedings in regards to a new community center. F. NOTIFICATION AND OFFER LETTER/WILLIS PROPERTY: Consider approval of the Notification and Offer Letter regarding the acquisition of the Willis property by eminent domain and authorize the making of offers in certain eminent domain proceedings in regards to park lands. G. NOTIFICATION AND OFFER LETTER/MALKEMES PROPERTY: Consider approval of the Notification and Offer Letter regarding the acquisition of the Malkemes property by eminent domain and authorize the making of offers in certain emIDent domain proceedings ill regards to park lands. H. NON-PROFIT ACADEMY /CONTRACf WITH NON-PROFIT RESOURCE INSTITUTE (NRI): Consider approval of the creation of a Non-Profit Academy and approve a consulting contract with the Non-Profit Resource Institute (NRI) for a total cost to the City of $32,500.00. Funding is available from 001-6311-562-99.99 (General Fund/Grants AId to Pnvate Organizations/Other Non-Operating) and 001- 6111-519-99.03 (City Manager's Contingency Fund). 1. NEEDS ASSESSMENT /SENIOR/COMMUNITY CENTER AND POMPEY PARK: ProvIde direction regarding the Needs Assessment Report completed by Tetra Tech for the Community/Senior Center and Pompey Park. 12-14-2004 - 4 - J. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2003-2004 as required by the U.S. Department of Housing and Urban Development. K. COLLECfION OF OUTSTANDING DOCKAGE FEES/SMALL CLAIMS COURT: Consider authorizing the City Attorney to litigate in Small Claims Court for the collection of outstanding dockage fees. L. DRAFT LEGISLATION: Provide direction regarding three (3) Legislative Bills drafted by the City Attorney dealing with electronic mail, proof of zoning requirements for service providers, and the independence of the Community Redevelopment Agency (CRA) and the City when seeking funds under the Forever Florida Program. M. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint five (5) regular members (one member for each Zone 1-4 and an At Large Representative) for three year terms ending October 31, 2007 and two (2) student members for one year terms ending October 31, 2005 to the Neighborhood Advisory Council. Based upon the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2). N. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 73-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance designating the Dell Park Historic District, located between North Swinton Avenue and N.E. 2nd Avenue and between George Bush Boulevard and the north side of N.E. 13th Street, to the Local Register of Historic Places. If passed, a second public hearing will be scheduled for January 4, 2005. B. RESOLUTION NO. 89-04: Consider approval of Resolution No. 89-04 authorizing the City to sell property, Lot 12, Block 80, located at the northeast comer of S.E. 4th Street and S.E. 1 .t Avenue, and Contract for Sale and Purchase between the City and 335 S.E. l·t Inc. in the amount of $25,436.00. C. RESOLUTION NO. 90-04: Consider approval of Resolution No. 90-04 authorizing the City to purchase the Churchill property for park lands, located at 4652 13300 Road, South, and Contract for Sale and Purchase between the City and Maureen Churchill in the amount of $1,254,000.00. 12-14-2004 - 5 - 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 81-04: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A), "Participants Contribution Account", by amending Section 35.095(A)(4) "Applicability to Bargaining Unit Employees", to provide that the contribution by the National Conference of Firemen and Oilers (NCF&O) shall be 2.5% and that in no event will the employee contribution be less than 2.5% or greater than 4.5%, based on actuarial requirements. If passed, a public hearing will be scheduled for January 4, 2005. B. ORDINANCE NO. 76-04: An ordinance amending Chapter 112 "Alarm Systems", Section 112.21, "Application for Alarm Registration; Reporting Changes to Required Information", to provide for and require annual updates in information; amending Section 112.26, "Response to Alarm"; Alarm User Responsibility; Alarm Malfunction and Corrective Action", by enacting a new Subsection 112.23(A) to require verification for intrusion and burglar alarms. If passed, a public hearing will be scheduled for January 4, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: DECEMBER 10, 2004 12-14-2004 - 6 - ~ CITY COMMISSION DOCUMENTATION MANAGER TOR OF PLANNING AND ZONING TO: THRU: FROM: SUBJECT: MEETING OF DECEMBER 14,2004 SITE PLAN REVIEW AND APPEARANCE BOARD AWARD RECOGNITION PROGRAM ---.J -~--- - BACKGROUND The Site Plan Review and Appearance Board (SPRAB) is conducting its 13th Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the previous fiscal year (October 1, 2003 - September 30, 2004), The SPRAB awards will be presented to the recipients mentioned below at the City Commission meeting. This year's design categories and recipients include: NEW COMMERCIAL DEVELOPMENT Office Depot þ> Southern Development Services Inc. (Developer) þ> Marc Wiener, (Architect) þ> Dave Bodker, (Landscape Architect) NEW INDUSTRIAL DEVELOPMENT Congress Commerce Center þ> Complete Construction Services, Inc. (Owner) þ> Kenneth Carlson (Architect) þ> Jon Schmidt (Landscape Architect) NEW RESIDENTIAL REDEVELOPMENT Estuary II þ> Porten Companies (Owner/Developer) þ> Currie, Sowards, Aguila, Partnership (Architect) þ> Jerry Turner & Associates, (Landscape Architect) NEW DOWTOWN RESIDENTIAL DEVELOPMENT Co-Winners' Mallory Square þ> Ironwood Properties, (Owner/Developer) þ> Rustem Kupl, (Architect) þ> Jerry Turner & Associates, (Landscape Architect) Pineapple Grove Village þ> RAM Development, (Developer) þ> Paul Slattery (Architect) þ> Grant Thornbrough and Associates, (Landscape Architect) EXTERIOR RENOVATIONS Co-Winners Bank of America þ> Bankoff LLC (Owner/Developer) þ> Eliopoulos Architecture, Inc., (Architect) þ> Jerry Turner & Associates, Inc., (Landscape Architect) WatelWays East þ> John Thenen, Restaurant Holdings, Inc. ( OwnerlDeveloper) þ> Paul Slattery (Architect) NEW OFFICE DEVELOPMENT Grand Bahamas Professional Park þ> Bagliore Development (Owner/Developer) þ> Perez Design, Inc. (Architect) þ> Grant Thornbrough and Associates (Landscape Architect) NEW REDEVELOPMENT Art Glass Environments þ> Bill Klug, (Owner/Developer) þ> George Brewer, (Architect) þ> Daniel Carter (Landscape Architect) WALL SIGNAGE Cabana EI Rey þ> Glenn Frechter, Owner þ> Ferrin Signs, Inc. (Sign Contractor) 1C- ~ FROM: QR OF PLANNING AND ZONING LO, ASSISTANT PLANNING DIRECTOR TO: : THR~: SUBJECT: MEETING OF DECEMBER 14, 2004 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH 508 NORTH SWINTON AVENUE. c___. ".-.- BACKGROUND - - ... . The subject property is located on the west side of North Swinton Avenue between Lake Ida Road and NW 6th Street. In January 2004, a permit was issued to relocate the existing house from this site to another property and in April 2004, a permit was issued to demolish the guest house. The applicant is proposing to construct a new single family residence on the currently vacant site. The subject property is a through lot that abuts N. Swinton Avenue on the east and N.W. 1st Avenue on the west. The existing right-of-way width for N.W. 1st Avenue, adjacent to the subject property, is 25' and the required width is 60'. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG have approved the reduction in the right-of-way from 60' to 50' for N.W. 1st Avenue adjacent to the subject property as all required improvements such as drainage, sidewalks, and vehicular travel ways can be accommodated in the reduced right-of-way. Therefore, the applicant must dedicate 25' abutting the site to be developed along with 15' to be dedicated adjacent to the abutting property to the north (see attached survey). The balance of the dedication (additional 10') will be obtained from the adjacent property owner at a later date if the property is redeveloped. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. RECOMMENDED ACTION By motion, accept the right-of-way deed associated with 508 North Swinton Avenue. Attachments: o Location Map o Survey o Right-of-Way Deed ~A j , I I II I 11TH ST NE II NW I I I II i-- ~ ~f--- ¡ -w « Z ! -> == « I - : - - ¡ - v~ ~ of7= ~ -------j N E 5TH TERR ~~ J ¡ L=-ì I')L-- I I! i I-- IHS RÏTíTfR I~ L ~~~~ 8TTTTR ~ :~ 5TH 51 _ ~~ - ~ W - :- , I Iw-....- JZt=/ Jt= _5T - II- - I-- >- - «- I-- L-- or- ß\r- I-- I-- w wI-- Z zl-- --f-- --f-- __f-- I .... '¢ NW - - - - ~ I « I i I 9TH w > « 0 a:: 0 ,..., Z N ~ Z N E I ! i I ¡ I i i I NE i I I EEJI ST LaJ ! I , I=>' Z i' wNW 8TH ~ I > « C, RGE - ; i - I I I NE 7TH : J , - I I - I - ~ Z - N W 7TH ST ;: ¡ I II i !' ~8[IJ~~:e- ~~ ;~'~' ::: =: Î, r I SIT~_ ~N E ',I-- ~ é"~ 1--1 \, I ~^ "- ~ a:: ~~/~ «I--; _I I~ 1_ ~ PI OPp$ÈQ "" f-: ~ 'I-- WOOD LANE ~DI DZ~ ~1b ~ KINGS LYNN ~I-IY I i ~~' ~ # O ~ I F<c--j ~ ~FVFRL Y j r 0:; ~! I I I!~: ~ TRINITY LUTHERAN I I NE f--- f--- L A K E I D A R 0 A D -~ -- -- --~ --« -- --:ï; --- I--- I--- w Z w > « CASON METHODIST CHURCH w >- «--, I .... '¢ o a:: ,..., ~- ~ « o z N ~ Z--~ __Z .... (J) ~ Z ~ Z - N - I 10TH - - 0 Z N - 9TH : ! I '- I I W ! ; _Z I - I BUSH ~ ~ ç~ i I !- ¡-- ST ¡--- ~ « ¡--- 6TH ST ~[7 N r-I I -- w , - z r----! 4TH POST OFFICE w > « o Z N 508 N. SWINTON AVENUE CITY OF OELRAY BEACH. FL PLANNING '" ZONING DEPARTMENT -- OICITAL BASE MAP SYSTEM -- I i ~ ST I ~ ! ¡ t= ! 1= ; T. l= : I - - ST ! I - - : I BOULEVARD i - ----< 9;-<:::! ..:,.~ ~ 0..:) <0 ç f-- ~ I--- «- '--- I-- - L-- I I § - - ==iJI I I ¡ MAP REF LM217 EXHIBIT" A" The West 15 Feet of the North 58 Feet of South 133 Feet of Southeast 1/4 of East 1/2 of Lot II, Subdivision of Section 8, Township 46 South, Range 43 East, as recorded in Plat Book I, Page 4, of the public Records of Palm Beach County, Florida. Together with: The South 75 Feet of the South Half ofthe East Half, Less the East 307.09 Feet thereof, of Lot II, and Less the Southwest Quarter of the East Half of said Lot II, subdivision of Section 8, To\vnship 46 South, Range 43 East, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. V\ ~ ~ '-<: Wi ¡ ~~ ~~ l" ¡¡¡;II 1i3~ ~ EAST u< OF ¡:¡AT ØOOIc 46 PAGE i2 PQ[ÞIfT.LI I ~~ L o T í 7 AICf(Yl ð~ ~ RQlr OF WA r (T ANY) t.N(N(;rm 2tJ2 r'C .207 +2%4 .t\ ~ 75.00' @ Itf!"TLMOF +2(}9 fV2 (£ LOT M +2"" ~ PA RCEL J R eEL 2 5&0' --~~ ~~ ~'" :, '" ~~ ;¡¡ ~~ ~~i'1 "'" g ~~ >? ~" ~ " c ~ ;:>~ ~ . . . . §g ~ 1 ... ~ ~ ~ o¡: ~ ¡:: ÌJ :to. r- r- C1) C) OE " C) C) 1<'----' À (J ~ -< 'I~ ~1 I C) ., ~ -< (Q1ð À r" ~ (Q <: ~ r- '" ~--- ~ ;:>~ §g . ;t,~ ~ ~~ ;:>~ §g ~ ~ ~ ~= ~~ tV " ~ C i~ >? , " ; ~ J->. '1:,. ~,,~ §h ~g"" ~ .. 3 ~!; t ~i~ / \~ :2462-.... ~ of . OW" I..þ.. ~ 6CC»IC.WALK I~ ~ =c "' ~=+24" êd:~ + . ,+2472 +2'611 ~~. +2466 ( ..., ....N _ .JJ c _ SWlNTQN A VENtjE -.--- _ ..!L.- _ ",-;--- \ +2<92 +2'~ PA :2;; L'iffJo'ff, <'2491 +2491 ) ;¡:-- $ Z-- 7L Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this _ day of , 200_, between with a mailing address of , as party of the first part and CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assIgns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: P ARTY OF THE FIRST PART By: (Name printed or typed) (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 2 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER p/) AGENDA ITEM # ßß - REGULAR MEETING DECEMBER 14,2004 SERVICE AUTHORIZATION #23/MATHEWS CONSULTING. INC. TO: FROM: DATE: DECEMBER 10,2004 This is before Commission to approve Service Authorization #23 to Mathews Consulting, Inc. in the amount of $182,641.00 for consulting engineering services related to the Phase II expansion of the City's Reclaimed Water Transmission System Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission System). Recommend approval of Service Authorization #23 with Mathews Consulting, Inc. for consulting engineering services related to the Phase II expansion of the City's Reclaimed Water Transmission System Project. s: \Clty Clerk \agenda memos \SemceAuth.#23 Mathews.Phase II Reclatmed Water Transrrusslon System. 12 14.04 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M w\vw. my del ray beach. com TO: David T. Harden, City Manager ~ FROM: Richard C. Hasko, P .E., Environmental Services Director SUBJECT: PHASE II RECLAIMED WATER TRANSMISSION SYSTEM DATE: December 8, 2004 Attached is a copy of Service Authorization #23 for Mathews Consulting, Inc., for provision of consulting engineering services related to the planning and development of the second phase expansion of the City's Reclaimed Water Transmission System. This project includes the extension of reclaimed water transmission mains south of the City's Municipal Golf Course to supply irrigation water to additional golf courses and private master irrigation systems between Atlantic A venue and Linton Boulevard. Projected customers are identified in Areas 2 and 3 in the City's Reclaimed Water Master Plan prepared by Mathews Consulting in November, 2003, with primary connections including Lakeview Golf Course and The Hamlet Golf Course. The scope of servies for this service authorization includes a corridor analysis to confirm the viability of conduit alignments identified in the master plan, and identify and refine legal and technical design parameters and requirements resulting from specific pipe routes. Other preliminary design activities include surveying, geotechnical sampling and testing and verification of existing utility locations. Final design will include preparation of engineering plans and specifications sufficient for permitting, bidding and construction of approximately 17,810 linear feet ( 3.37 miles) of transmission pipe ranging in diameter from 10" to 24", including all system appurtenances necessary for efficient system operation and maintenance. Permitting and bidding and evaluation services are also included in this scope. The project construction budget is $2,148,115. The proposed fee for the described consulting services is $182,641 (8.5% of construction budget) with a performance time of ten (10) months. Funding is available in Water & Sewer Connection Fees, accont #441-5181-536-65.96. Please place this item on the December 14th agenda for consideration by Commission. Cc: Dan Beatty, P.E., Deputy Director Public Utilities Randal Krejcarek, P .E., City Engineer CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 23 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Area 2 & 3 Reclaimed Water System This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting: Engineering Services I. PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), (prepared by Mathews Consulting, Inc., October, 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first project identified for implementation in the RWMP was "Area 1". The "Area 1" project is currently moving into the construction phase. The next project(s) identified for implementation are in "Area 2" and "Area 3". The proposed reclaimed water system for "Area 2" and construction cost opinion is shown in Attachment A (Figure 5-3 from RWMP). The proposed reclaimed water system for "Area 3" and construction cost opinion is shown in Attachment B (Figure 5-4 from RWMP). This project involves providing engineering design, permitting, and bidding services for implementation of the reclaimed water system in Area 2 & 3. A reclaimed water main will also be extended to Sherwood Park Golf Course (this was originally in Area 7 of RWMP). The total length of reclaimed water mains for "Area 2" is approximately 15,470 feet with diameters ranging from 10-inch to 24-inch. The total length of reclaimed water mains for "Area 3" is approximately 2,340 feet of 24-inch diameter. II. SCOPE OF SERVICES Phase I - Study and Report Phase Consultant shall provide preliminary design phase services in accordance with Article ULA of the Agreement for Engineering Services with the City, dated June 2, 1999. R WMarea2&3contract 11/24/04 I Task I. Task 2. Corridor Analysis: Consultant shall provide detailed review of proposed reclaimed water main alignments that were identified in the RWMP. The review shall consist of verifying all required easements for the construction, including City of Delray Beach R-O-W, LWDD R-O-W, FDOT R-O-W, Palm Beach County R-O-W, and any other agency R-O-W. A Letter Report will be prepared that will contain final design schematic layouts and will list any easements that will need to be obtained prior to submitting permits for the Area 2 & 3 reclaimed water main construction. Three (3) copies will be submitted in draft form for review by City. One (I) workshop meeting will be held with City to discuss Draft Letter Report. The final Letter Report will contain City comments and three (3) copies will be submitted. Public Involvement: Consultant shall assist the City in public involvement process. Additionally, Consultant shall prepare presentation graphics and assist in public involvement services. Phase III - Final Desie:n Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated June 2, 1999. Task I. Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. Task 2. Coordination with utility agencies shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. Task 3. Consultant shall provide final design of the "Area 2 & 3" reclaimed water system. The reclaimed water main location shall be defined in Phase I - Study and Report Phase. The design shall include two (2) L WDD canal crossings. Task 4. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and I" = 2' for profiles. Consultant shall prepare the engineering design elements on topographic survey information. Consultant shall coordinate with the City in order to design the proposed reclaimed water main in accordance with the requirements and design standards of the City. Contract documents consisting of "fTont-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards. R WMarea2&3contractll /24/04 2 Task 5. Drawings and specifications (three copies) shall be submitted for City review at 60% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic fonnat on CD. Specifications shall be provided in electronic PDF fonnat. Task 6. At the 60% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - BiddinelNeeotiation Phase Consultant shall provide final design phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated June 2, 1999. Task 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 25 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Task 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. Task 3. Consultant shall issue addenda and shall provide supplemental infonnation or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Task 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Task 5. Consultant shall furnish all bid infonnation to the City in electronic fonnat to be used in conjunction with "Demand Star". Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. RWMarea2&3contractll/24/04 3 Other - Permittine: At the outset of the Design Phase the Consultant shall meet with the appropriate pennitting agencies to detennine potential pennitting requirements and to ensure that the proposed reclaimed water main can be installed within Lake Worth Drainage District, Palm Beach County, and FDOT right-of-ways. Agencies anticipated to have jurisdiction over the project include: Florida Department of Environmental Protection (FDEP), Lake Worth Drainage District (LWDD), Florida Department of Transportation (FDOT), and Palm Beach County. Pennit applications shall be completed as required for FDEP, LWDD, FDOT, and Palm Beach County. Associated pennit application fees shall be detennined by Consultant and paid by City. In addition to preparing the pennit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to one (1) meeting with each of the regulatory agencies during review of the final pennit applications. · Respond to request(s) for additional infonnation from each regulatory agency. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perfonn up to twenty (20) standard penetration test (SPT) borings to an average depth of fifteen (15) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: R WMarea2&3contract 11/24/04 4 a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. . The above topographical survey data will be prepared in AutoCAD (Version 2000) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other- Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately thirty-five (35) utility locations will need to be pot-holed. RWMarea2&3contractll/24/04 5 ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available eXIstmg facilities and proposed facilities, which shall serve as the basis of design in this project. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers, force mains, reclaimed water mains and drainage. 3. Consultant can assume that all existing and proposed reclaimed water main alignment is within City of Delray Beach, Palm Beach County, FDOT, and LWDD rights-of-way. 4. City will be responsible for acquisition of easements (including temporary), if required. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services perfonned under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following infonnation and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. R WMarea2&3contract 11/24/04 6 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase I - Study and Report Phase III - Final Design Geotechnical(l) Surveying(l) Field Verification(l) Permitting(2) Phase IV - Bidding 4 weeks 24 weeks 4 weeks 28 weeks 8 weeks 8 weeks 32 weeks 40 weeks (1) Geotechnical, Surveying, and Field Verification will be completed during Final Design Phase (2) Permittzng will overlap with 100% design time frame. VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. Engineering Services Estimated Fees Phase I - Study and Report Phase III - Final Design Phase Phase IV - Bidding Phase Permitting Surveying Geotechnical Field Verification Out-of-Pocket Expenses Additional Services $ 7,590.00 $ 64,395.00 $ 6,900.00 $ 7,690.00 $ 75,666.00 $ 8,800.00 $ 8,800.00 $ 2,800.00 (I) $ 15.000.00 TOTAL PROJECT COST $ 182,641.00 (2) Notes: (I)Out-oj-Pocket Expenses include the following: printing/reproduction and postage. (2) Total project cost does not include the $15,000 for Additional Services (if authorized by the City). R WMarea2&3contract 11/24/04 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRA Y BEACH: MATHEWS CONSULTING, INC. Date: Date: Jeff Perlman, Mayor Rene L. Mathews, P.E., President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2004 by Rene L. Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement R WMarea2&3contract11124/04 8 >- ftI ~ ... .t CD ... o ftI ~~ ..a · u. C ftI .., U · C ~ Z 1:) 0 Co · tn tÐ ~ :i It) .., 0 0 N C ::J .., >- ftI ~ ... ~ ... ftI ~ ..a · u. C ftI .., U ~ · . 0 C 0 ~ N Z u = i!: ~ '" ooO~ ~~j ~6~ :I: ;:) ~ E-t 00 ~ <Zé ~ß fJ - - j 13 ~ II» ~ >- · ftI ftI ~ 'ë' 'tJ 'tJ - 0 0 II» ~ a.. ~ ('I) CD >- - - - ftI 0 II» II» 'tJ 'tJ 0 ëñ - >- ... 0 ~ N II» - ftI ftI >- ¡;- - - II» 'tJ 00 ui' Cã II» II» >- ~ - ~ >- ¡;- ftI 0 - - C 'tJ C ftI CD ~ <C 0 C)'tJ 'tJ 'tJ - 'tJ C c,) CD xi ~ 0 C) c 0 . ... ~ ('I) :; 0 - C ftI C - U 'tJ >- c- - ~ C) ::J .~ - ~ ';1. a.. .¡: -';1. ';1. c ... ... .~ i 0 E :s - ~ 0 0 0 II» \J z 0 ::J en - 'tJ C tn . u. a.. ãi 0 0 - --' Mathews Consulting, Inc. CSA No. 23 Area 2 & 3 Reclaimed Water System Attachment A Section 5 5.3 Area 2 Area Descriotion: Area 2 generally includes the area between Atlantic A venue to Linton Boulevard, and from Homewood Blvd. to Military Trail. The project consists of providing reclaimed water main(s) from the existing reclaimed water main at the City of Delray Beach Municipal Golf Course south to Lowson Boulevard and west to the Hamlet and Lakeview Golf Courses. A portion of the piping will also serve as the main supply pipeline to the southern areas of the City's reclaimed water service area. Reuse Caoacitv Provided: Area 2 will serve four (4) reclaimed water users: · Lago Del Rey North Condo Association .................. 77,977 gpd · The Hamlet Golf Course ...........................................686,660 gpd · Lakeview Condo Association ...................................130,931 gpd · Lakeview Golf Course ..............................................232.766 gpd Total Reuse Capacity: 1,128,334 gpd Summarv of Imorovemen ts: A 24-inch reclaimed water main will be installed from the Delray Beach Golf Course south along Homewood Boulevard to Lowson Boulevard. A 12-inch reclaimed water main will branch off the 24-inch main and extend west at the Lago Del Rey neighborhood to serve a 6-inch valve and meter box for the Lago Homeowners Association (HOA), two (2) 12-inch valve and meter boxes for the Hamlet Golf Course, an 8-inch valve and meter box for the Lakeview Condo Association, and a 10-inch valve and meter box for the Lakeview Golf Course. Alternative pipe routing options include running the 12-inch reclaimed water main either on the north side or south side of the Lago Del Rey Condo Association. Mathews Consulting 5-5 Section 5 Table 5.3 Engineer's Opinion of Probable Construction Cost Based on Conceptual Design AI'H 2 Estimated Unit Quanlty Unit Price Total General General Conditions (5%) 1 L.S. $84,218 $84,218 Mobilization (2.5%) 1 L.S. $42,109 $42,109 Maintenance of Traffic 12,450 L.F. $2.5 $31,125 Clearing & Misc. Site Work (2.5%) 1 L.S. $42,109 $42,109 Reclaimed Water Main & Restoration 6" Valve & Meter Box 1 EA. 8500 $8,500 8" Valve & Meter Box 1 EA. $12,000 $12,000 10" Valve & Meter Box 1 E.A. $16,000 $16,000 10" RWM in paved ROW - Minor Road 1,727 L.F. $65 $112,255 12" Valve & Meter Box 2 EA. $20,000 $40,000 12" RWM in paved ROW - Minor Road 1,222 L.F. $75 $91,650 12" RWM in grass ROW 6,539 L.F. $50 $326,950 24" RWM in paved ROW - Major Road 2,962 L.F. $125 $370,250 LWDD ROW Fixed Fee 3,826 L.F. $15 $57,390 RWM Easement 1,222 L.F. $50 $61,100 Total Construction $1,295,655 10% Contingencies $129,566 20% Engineering, Legal Admin. Costs $259,131 Total Cost: $1,684,352 Mathews Consulting 5-6 Section 5 Table 5.3A Engineer's Opinion of Probable Construction Cost Based on Conceptual Design Area 2 - Alternative Route Estimated Unit Quanlty Unit Price Total General General Conditions (5%) 1 L.S. $79,737 $79,737 Mobilization (2.5%) 1 L.S. $39,869 $39,869 Maintenance of Traffic 11 ,776 L.F. $2.5 $29,440 Clearing & Misc. Site Work (2.5%) 1 L.S. $39,869 $39,869 Reclaimed Water Main & Restoration 6" Valve & Meter Box 1 E.A. 8500 $8,500 8" Valve & Meter Box 1 E.A. $12,000 $12,000 10" Valve & Meter Box 1 E.A. $16,000 $16,000 10" RWM in paved ROW - Minor Road 1,727 L.F. $65 $112,255 12" Valve & Meter Box 2 E.A. $20,000 $40,000 12" RWM in paved ROW - Minor Road 4,212 L.F. $75 $315,900 12" RWM in grass ROW 2,875 L.F. $50 $143,750 24" RWM in paved ROW - Major Road 2,962 L.F. $125 $370,250 LWDD ROW Fixed Fee 1,277 L.F. $15 $19,155 Total Construction $1,226,724 10% Contingencies $122,672 20% Engineering, Legal Admin. Costs $245,345 Total Cost: $1,594,741 Mathews Consulting 5-7 :..~ ~ ....,. ~ . "" :1-- -..,_ r,-' .::;J;-:;;;: ;:;:.~_-l. "I ~'I-'I; .......... --::: 'I':: r'~ p P:""" 0;:' 1--:.-.,.....--- 0_. - 01 I CÞ or: ,.., .. ,... ~ M ;ø ~ :õÐ ~ ~o ç- ~ -~ ! LJJ :a £ J 0 ,." "'0 \; OJ ~ 0-" ! ~c I ,." r;11'T1 I '=' :::uÇõ J ¡ ):> ~ >--< (l]m I ...., ~1'T1 i :õÐ> ~ -00 r-:r; >- :.. z N -, 13 n~ ž> i rn Þ-j I Þ ::r: I~~ too z ..-,. 0 f' .j ----.. - . ~ ;..'~ II - þ( h :~ 0. F 0 q ii .... I : II 8 . g~ ~ ~ ~ iif :;1~ ~ ~ ~ § >- (') r- ::0 F,., ,., ,....::1 > -,.... ::0 8 ~ Zc .., ,., Ii > S . .... I Iö o ~~ I I I g;. I q '11> ~::O'1l ~;o'1l *Z 'tjr- >""::0 >~::o "'M Me~ ;;1r-~ ;o~ ::0_0 ::O~~ g> c~~ c~ :::1M zoo 10'100 "g; Z PI ::0 Ç) VI q, ------ Mathews Consulting, Inc. CSA No. 23 Area 2 & 3 Reclaimed Water System Attachment B Section 5 5.4 Area 3 Area Description: Area 3 includes the area east of Homewood Boulevard between Lowson Boulevard and Linton Boulevard. The project consists of providing reclaimed water main along Homewood Boulevard to serve the Pines of Delray Homeowners Association and to also serve as the main supply pipeline to the southern areas ofthe City's reclaimed water service area. Reuse CaPQcifv Provided: Area 3 will serve one (1) reclaimed water user: . Pines of Delray Homeowners Association ...............113.473 gpd Total Reuse Capacity: 113,473 gpd Summarv of Improvements: A 24-inch reclaimed water main will be installed from Lowson Boulevard to Linton Boulevard. A 6-inch valve and meter box will be installed for the Pines of Delray Homeowners Association. Mathews Consulting 5-9 Section 5 Table 5.4 Engineer's Opinion of Probable Construction Cost Based on Conceptual Design Area 3 General General Conditions (5%) Mobilization (2.5%) Maintenance of Traffic Clearing & Misc. Site Work (2.5%) Reclaimed Water Main & Restoration 6" Valve & Meter Box 24" RWM in paved ROW - Major Road T otar Construction 10% Contingencies 20% Engineering, Legal Admin. Costs Total Cost: Estimated Quanlty 1 1 2,226 1 1 2,226 Unit Unit Price L.S. $21,840 L.S. $10,920 L.F. $2.5 L.S. $10,920 EA $8,500 L.F. $125 Total $21,840 $10,920 $5,565 $10,920 $8,500 $278,250 $335,994 $33,599 $67,199 $436,793 Mathews Consulting 5-10 - -~..... . 01 ~ .... I ø c: ~ :t [:rj ~ ::0 ~ ao ç- -~ ~ c ""0 ~ c." ~o E a ¡;I'" I ::o~ c> ;;1 >-< ::0 cnm ..." PI", i ::0> ~ -00 r-::x: ~ > ~ Tj n~ ~;> iCIJiÞ-1 i~!~ ti~ 2: pi . ~ ft ~ I : \. g,.,lIIo:e x,.,>-> ;~ ~ ~ ~ . 0 r- J= ~ ,." ,...... >- -,... '" Zc: M ,.,~ >- ~ -I I I I I "11> :e"'"11 :E"'"11 ;ï' >-r1;U >-M'" r1¡.;1 ¡;:p~ MP!6 ;U~ "'~o :;u~o g> !::~~ c:~¡q ~¡.;1 zoO ~oo z ,., ::0 Ç) III ,¡::..ç _ ,.... "_0 _",,!' ~ ' "- " '''- ! ,¡ ...." ...... 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II ¡ I i I , =\ i I ,~ I -ii! : II i II i I I 1 I °1 i I if I I í I i i u .E C> § :; VI c: o Ü '" ~ GI .s= ¡¡¡ :2 Agenda Item NO.~ AGENDA REQUEST Date:December 8, 2004 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 14. 2004 Description of item (who, what, where, how much): Staff reauests Commission approval of a service authorization for Mathews Consultina. Inc.. for provision of consultinQ enQineerinQ services related to the Phase II expansion of the City's Reclaimed Water Transmission System. Contract scope includes a corridor study to confirm viability of proposed conduit routinQ, enQineerinQ plans and specifications for permittinQ and construction of approximately 3.37 miles of transmission main varvinQ in size from 10" to 24" with system appurtenances. surveyina, and aeotechnical samplinQ and testinQ. This pahse of the prOQram encompasses Areas 2 & 3 in the Reclaimed Water Master Plan and will provide irriQation service to multiple Qolf courses and private master HOA irriQation systems between Atlantic Avenue and Linton Blvd. The proiect construction budQet is $2,148.115 and the proposed fee structure for this contract totals $182.641 (8.5% of the construction budQet). Time of performance is 10 months. Fundina is available in Water & Sewer Connection Fees, Account #441-5181-536-65.96. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Department head signature: ~. / ~ /'2- .~ 0 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on~all itemtr~ expenditure of funds): Funding available:<YES)NO (JvJJ""'-t.- Funding alternatives: Account No. & Description: !/!b. ~ v!/-5JI, ./'S- f(, :.¿ Account Balance:~;"l.1.l 4j~7. d¥lð~ (~D~I~'f City Manager Review: ...6).., Approved for agenda: B''IIO f17v1 Hold Until: (if applicable) J;.p /kd~ 1'0 l'zJ~ . 1/~~o"¡ 5q~'¡'~ Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved MEMORANDUM TO: FROM: MAYOR AND CIIT COMMISSIONERS CITY MANAGER (fr'I\., AGENDA ITEM # 8<::...' - REGULAR MEETING OF DECEMBER 14. 2004 CHANGE ORDER NO. 1/FINAL PAYMENT/CONOUEST ENGINEERING. INC. SUBJECT: DAlE: DECEMBER 10, 2004 This is before the Commission to approve Change Order No.1 in the amount of an $86,283.16 decrease, and final payment in the amount of $65,702.68 to Conquest Engineering, Inc. for completion of the Southwest Area Infrastructure Improvements Phase II Project. Funding is available from 442-5178-536-65.58 (Water/Sewer Renewal & Replacement Fund/SW Area Phase II). Recommend approval of Change Order No. 1 and final payment to Conquest Engineering, Inc. for completion of the Southwest Area Infrastructure Improvements Phase II Project. S'\Clty Clerk\agenda memos/Change Order Conquest Engmeenng.SW Area Infrastructure 1214.04 ¡:. City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www my del ray beach com TO: David Harden, City Manager FROM: Victor Majtenyi, Construction Manager p,j,.. I .j¡., SUBJECT: SOUTHWEST AREA INFRASTRUCTURE IMPROVEMENTS PHASE II PN 2001-047 Agenda Request; Change Order #lIFinal, Final Payment ..¡¡"" .;..¡... DATE: December 7, 2004 .,.J.- ,'.. Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Conquest Engineering, Inc. on the Southwest Area Infrastructure Improvements Phase II project, PN 2001-047. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract and a negotiated amount of hqmdated damages of 86 days. Change Order # lIFinal is in the net deduct amount of $86,283.16. A request is also made for final payment in the amount of $65,702.68 to Conquest Engineering, Inc. A Contractor Evaluation form is attached for your review. ". Staff recommends approval of Change Order #1/Final in the deduct amount of $86,283.16 and final payment in the amount of $65,702.68 to Conquest Engineering, Inc. Residual funds will be liquidated from P.O.# 611178 to the following accounts; 442-5178-536-65.58 (Water & Sewer Renewal and Replacement Fundi SW Area Phase II) in the amount of $68,163.69 and 448-5470- 538-65.58 (Storm Water Utility Fundi SW Area Phase II) in the amount of$18,119.47. cc: Richard Hasko, Director of ESD Randal KreJcarek, City Engineer Rafael Ballestero; Dep. Dlr. of Construction City Clerk's Office Agenda File 12/14/04 Project File 2001-047(A) 110- C.\Documents and Settmgs\harden\Local Settmgs\Temporary Internet FlIes\OLKI14\COI Fm Conquest AgMemo Rev] 12 1404 doc J;rïr-¡. H· CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. lIFinal PROJECT NO. 01-047 DATE: PROJECT TITLE: Southwest Area Infrastructure Improvements, Phase II TO CONTRACTOR: Conquest Engineering, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER 6.9% TOTAL PERCENT DECREASE TO DATE 6.9 % TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. $1,250,460.00 $ 0.00 $1,250,460.00 $ (86.283.16) $1,164,176.84 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Conquest Engineering, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 442-5178-536-65.58 (-$86,283.16). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission By: RECOMMEND: for Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S \EngAdmm\Projects\2001\2001-047\CONSTRCT\COI Fin Conquest doc -12 1404 doc CITY OF DELRA Y BEACH SOUTHWEST AREA INFRASTRUCTURE IMPROVEMENTS PHASE II PROJECT No 2001-047 BID No 2003-047 Change Order #l/Final Schedule A Conquest Engineering, Inc. GENERAL Quantity Contract Award Contract to Date Item # Descriouoo Umts Est. Qty. I Price Bid Total Qty. I Pnce BId Total I Site MoblhzatlonlOemoblhzatlon LS 100 $47,67900 S47,67900 100 $47,67900 $47,67900 2 Maintenance of Traffic LS 100 $44,850 00 S44,850 00 100 $44,850 00 , $44,850 00 3 Clearing and GrubbIng LS 100 $7,47500 $7,47500 100 , $7,47500 $7,47500 ~ Mill and 1" Type S-III Asphalt Overlay SY 310 00 $32 80 S10,16800 1,17900 $32 80 $38,671 20 5 Flowable FIII- 100 psi Dlggable , CY 3500 $73 80 S2,583 00 000 , $73 80 i $000 6 Type 'F' Curb i LF 225 00 $13 80 $3,10500 9000 ' $13 80 SI,24200 7 2' Valley Gutter i LF 325 00 $1260 $4,09500 290 00 ; $]260 $3,654 00 8 Header Curb , LF 4000 $1955 $782 00 000 ¡ $]955 $000 9 Open Cut Pavement RepaIr LF 6,00000 $1440 S86,4oo 00 4,71000 $]440 $67,82400 10 Concrete Drive Apron SF 32,500 00 $374 $121,55000 33,636 07 $374 , i S125,79890 11 Asphalt Drive Apron , SY I 250 00 $20 70 S5.175 00 428 00 $20 70 i $8,859 60 12 5' CombIned Concrete ":urb and Sidewalk i LF I 5000 $29 90 $1,49500 11000 $29 90 : $3,289 00 13 5' Concrete Sidewalk (4" Thick) , LF ! 2,700 00 $1236 S33,372 00 2,869 00 $]236 $35,460 84 ]4 5' Concrete Sidewalk (6" Thick) LF ! 275 00 $1520 $4,18000 ] ,028 00 $1520 $15,62560 ]5 Brick Paver Dnveway Restoration , SF I 1,00000 $345 $3,45000 000 , $345 $000 16 Pavement Marking and Slgnage Allowance , LS 100 $6,00000 $6,000 00 000 : $6,00000 $000 17 Stop ConditIon EA 10 00 $287 50 S2,875 00 000 S287 50 : . $000 ]8 Swale GradIng and SoddIng SY , S365 ; $76,650 00 13,98200 S365 S5],03430 , , 21,00000 ]9 Concrete Inlet Apron EA , S374 00 S374 00 400 S374 00 S1,496 00 , 100 20 Type 'C' Inlet wIth Cestlng EA $],89300 ! $30,288 00 1500 $] ,893 00 $28,395 00 ]600 21 Type 'E' Inlet with Casting EA I $2,21200 ' S15,48400 700 S2,2]2OO S15,484oo ! 700 22 Manhole - 4 It Diameter with Casting EA I $2,075 00 $2,075 00 100 S2,075 00 S2,075 00 100 23 Manhole - 5 It Diameter with Casting EA ! $2,37400 $2,37400 100 $2,37400 S2,37400 100 24 15" Reinforced Concrete Pipe LF I $38 50 $924 00 2600 S38 50 Sl,ooloo 2400 i 25 18" Reinforced Concrete Pipe LF ! $26 65 i $23,98500 ],00100 ! S26 65 S26,676 65 900 00 26 24" Reinforced Concrete Pipe LF $347] ; $59,007 00 ],66700 i $347] S57,86157 1,70000 27 Remove EXisting DraInage Structures EA , S402 00 , S1,20600 300 ' S402 00 S1,20600 300 28 Remove EXisting Stormweter PIpe LF S1725 S345 00 8400 ¡ S1725 SI,44900 2000 29 Cut and Plug EXisting Storm water PIpe EA 100 ! S287 00 $287 00 ] 00 S287 00 S287 00 30 Core Bore EXist DraInage Structure and Connect Drainage Pipe EA 100 S374 00 $374 00 200 S374 00 $748 00 31 6" DIP Water Meln LF 200 00 $3528 $7,05600 326 00 $3528 , $11,501 28 32 8" DIP Water Main LF 13,75000 $1920 $264,00000 13,17100 S1920 S252,883 20 33 6" Gate Valve EA , 2500 S603 00 S15,07500 2400 S603 00 S14,472 00 34 8" Gate Valve EA 4000 S826 00 S33,040 00 3500 S826 00 S28,910 00 35 6" X 6" Tap Sleeve and Valve EA 1600 S1,77900 S28,464 00 1100 SI,77900 $19,56900 36 8" X 8" Tap Sleeve and Valve EA 200 $2,21550 i S4,43 I 00 100 : $2,21550 , S2,21550 37 Temporarily Raise 2" Water Main LS , 200 SI72 50 $345 00 000 ; $172 50 $000 38 4" Line Stop EA 100 S2,070 00 $2,070 00 000 S2,070 00 I SO 00 39 8" Line Stop EA 100 S3,105 00 S3,10500 000 S3,10500 ' SO 00 40 . Fire Hydrant Assembly EA 1800 S3,55600 $64,008 00 1900 S3,55600 S67,564 00 41 'Relocate EXisting Fire Hydrant Assembly EA 200 SI,52100 $3,042 00 000 S1,52100 SOOO 42 'Raise EXisting 4" Water Main LS 100 $633 00 S633 00 000 $633 00 SOOO 43 ¡ Fill and Flush Assembly EA 1600 $869 00 S13,90400 13 00 $869 00 $11,29700 44 : Sample POInt EA 2600 $23800 $6,18800 2200 $23800 S5,236 00 45 : Connect to Existing Water Main EA 300 $172 00 $51600 500 $172 00 $860 00 46 'Relocate Water Service from DrIVe EA 200 $71100 $1,42200 300 $711 00 S2,133 00 47 'Single Water ServICe EA 6500 S445 40 $28,951 00 240 00 $445 40 $]06,89600 48 Double Water Service EA 6000 $71840 $43,10400 2800 $718 40 S20,11520 49 Rear Yard Water Services EA 13500 S273 00 $36,855 00 ]4100 $273 00 S38,493 00 12m2OO4 Quanutles Conquest xis Page lof2 CITY OF DELRA Y BEACH SOUTHWEST AREA INFRASTRUCTURE IMPROVEMENTS PHASE II PROJECT No 2001-047 BID No 2003-047 Change Order #l/Final Schedule A GENERAL Quantity Contract Award Contract to Date Item # Descriotioo t: oits Est. Qty. Price Bid I Total Qty. I Price Bid I Total 50 2" Jumper Connection EA 200 i $956 50 $1,913 00 000 $956 50 $000 51 Remove EXisting Water Mains (1" - 3") LF 6,500 00 $400 $26,000 00 725 00 $400 $2,900 00 52 Grout EXIsting Water Main (4") LF 1,35000 $230 $3,10500 000 $230 : $000 53 Cut and Plug EXisting Water Mains EA 1400 $224 00 $3,13600 300 $224 00 ' $612 00 54 8" DIP Sewer Main LF 10200 $43 00 $4,38600 6800 $43 00 . $2,924 00 55 Femco Sanrtary Couplings EA 800 $53 00 . $424 00 800 $53 00 $424 00 56 Support UtIlity Pole , EA 1000 $625 00 $6,25000 100 $625 00 $625 00 57 Project Identification Sign EA . 100 $920 00 ' $920 00 100 $920 00 $920 00 58 Video Allowance I LS ] 00 $1,00000 $1,00000 100 $1,000 00 $1,000 00 59 Utility Allowance LS 100 $30,000 00 $30,00000 000 $30,000 00 , $000 A Drainage reVISions due to COnfliCts . LS 000 $000 $000 078 $30,000 00 $23,400 00 160 Landscaping Allowance LS 100 $15,00000 $15,00000 011 $15,000 00 $],65000 61 Indemnlficatoon LS 100 $1000 $10 00 000 $1000 $000 62 As-BUill Record Drawings LS 100 $3,50000 $3,50000 000 $3,50000 . $000 ~3 Liquidated Damages ( negotiated 86 days) LS 000 $500 00 $000 8600 ($500 00) ($43,000 00 Total Items I-63 51,250,460.00 51,164,176.84 I ! Contract Award Previously Approved Changes Contract to Date 51,250,460.00 50.00 51,164,176.84 Change Order #1/Final ($86,283.16) 12/712004 QuantIties Conquest xis Page 2 of2 ~ Page I of 1 ,.> Harden, David ~~A ~~~~-d_ ~~_~~>_ ^ ^,~,~^,_~__,~~ ,,~,~ A_~A_^_^ ^~~~~___<~_~ __ ~_, _'A'~_' ~ ___ _____, __ ,_~_"~ , ~~ _^_~ _ __ ''''^ ~~ ^ __ =~_A_A_ 'd From: Majtenyi, Victor Sent: Wednesday, December 08, 2004 11 :45 AM To: Kucmerowski, Carolanne; Harden, David Cc: Owens, Maureen; Hasko, Richard Subject: Agenda Item; SW Area Infrastructure Improvements, Change Order #1/Final Please find a revised cover memo and agenda request form regarding the SW Area Infrastructure Improvements Phase II agenda item (Change Order #1/Final to Conquest). The revIsion IS In the last paragraph of each The distribution of liqUidated funds from the purchase order has been revised to accurately reflect to scope and type of work. ~; ~ . 1"~' , ii.'" ,.. I apologize for any Inconvenience. ·'t- Victor Majtenyi Construction Manager City of Delray Beach Construction Division, Environmental Services Department ., . I. , ~tt' t j'Ii-, ,-... '., ,.J 'I"f.~ 12/812004 ',;... , 1'<'.. I;' I" Agenda Item No. gc- ~,. AGENDA REQUEST ;¡,i!: Date December 6.2004 ::i¡-if.. '¡¡I~' Request to be placed on: ---X--Regular Agenda _Special Agenda _Workshop Agenda When: December 14. 2004 Description of item (who, what, where, how much): Request for City Commission to approve Change Order #lIFinal to Conquest Engineering, Inc. In the deduct amount of $86,283.16 on the Southwest Area Infrastructure Improvements Phase II project, PIN 2001-047. Change Order #1 is for pluslminus final quantity adjustments to contract Items and a negotiated amount of liquidated damages of 86 days. In addition, a request is made for final payment in the amount of $65,70268. The items in this change order are detailed on Schedule A attached to Change Order #1/Flnal. Residual funds will be liquidated from P.O.# 611178 to the following accounts; 442-5178-536-65.58 (Water & Sewer Renewal and Replacement Fundi SW Area Phase II) In the amount of $68,163 69 and 448-5470-538- 65.58 (Storm Water Utility Fundi SW Area Phase II) In the amount of $18,11947 ORDINANCE/RESOLUTION REQUIRED: Not required. ., ~.r-.I .,lif"1 , ~.f..1 Recommendation: Staff recommends award of Change Order #1/Final, and final payment to Conquest Engineering, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO (see above) Funding alternatives (if applicable): Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: "'r~ "i· Action: Approved/Disapproved ". ~,:;. I C \Documents and Settlngs\harden\Local Settings\Temporary Internet Flles\OLK114\C01 Fin Conquest AgReq Rev 12 14 04 doc Agenda Item No. A AGENDA REQUEST Date December 6, 2004 Request to be placed on: ---X--Regular Agenda _Special Agenda _Workshop Agenda When: December 14. 2004 Description of item (who, what, where, how much): Request for City Commission to approve Change Order #1/Final to Conquest Engineering, Inc. in the deduct amount of $86,283.16 on the Southwest Area Infrastructure Improvements Phase II project, PIN 2001-047. Change Order #1 IS for plus/minus final quantity adjustments to contract items and a negotiated amount of liquidated damages of 86 days In addition, a request IS made for final payment in the amount of $65,70268. The items in this change order are detailed on Schedule A attached to Change Order #1/Flnal. Funds will be liquidated from P.O.#611178 to account 442-5178-536-65.58, Water and Sewer R&R Fund/ SW Area Phase II. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Chan Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~' on all items involving expenditure of funds): Funding available: ES/ 0 (see above) Funding alternatives I applicable): ~~~~ ~~ia~~ef5)~d~ d:/J¡!j7!;;,;'l?3":4:XS:Z-~)ftreq ~:< ~ I H . ~:1.t.oú. City Manager Review: 6d ~ ~ ÅO~.."~o-. $±~ /;%¡/~øi ~~:~~t~:for agenda: &/NO 1/' f ~ ~, rT rL- , ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects\2001\2001-047\CONSTRCnC01 Fin Conquest AgReq 12 14.04 doc CITY COMMISSION DOCUMENTATION FROM: D I~ L DORLlNG, DIR TOR OF PLANNING AND ZONING KENNETH JOHNSON, ASSISTANT PLANNER J(..JÁS MEETING OF DECEMBER 14, 2004 ***CONSENT AGENDA*** ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT AND QUIT CLAIM DEED FOR RIGHT-OF-WAY ASSOCIATED WITH THE FLORIDA POWER AND LIGHT GERMANTOWN SUBSTATION, 1604 S.W. 10TH STREET:. ACTION REQUESTED OF CITY COMMISSION TO: THRU: SUBJECT: t The action requested of the City Commission is acceptance of a landscape maintenance agreement and right-of-way quit claim deed of 25' associated with the Florida Power and Light (FP&L) Germantown Substation, located on the south side of S.W. 10th Street, just east of Interstate 95. J BACKGROUND On August 11, 2004, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification request for the Florida Power and Light Germantown Substation subject to conditions. The proposal involved expansion of the equipment area to the east by 23,350 square feet and construction of a 386 square foot addition to the west side of the existing equipment building, along with replacement and relocation of the existing eastern landscape buffer. The request also included a Right-of-Way dedication for S.W. 10th Street of 25' at the northwest corner of the site. Due to potential landscape conflicts with existing underground utilities and conflicts with the substation equipment, FP&L has requested to install the required landscaping within the S.W. 15th Avenue right-of-way, between the street and the property line In order to locate the landscaping within the right-of-way, a landscape maintenance agreement must be executed. At the northwest corner of the site an additional 25' dedication of right-of-way is required. The Florida Power and Light Company has received approval by the City Attorney's Office to submit a quit claim deed in-lieu of the normal right-of-way deed required for dedication by the City of Delray Beach. Both the quit claim deed and acceptance of the landscape maintenance agreement are before the Commission at this time. r RECOMMENDED ACTION I By motion, accept the landscape maintenance agreement for the landscape buffer proposed in the S.W. 15th Avenue right-of-way and the quit claim deed for the 25' right-of-way dedication for S.W. 10th Street for the FP&L Germantown Substation. Attachments: · Location Map · Landscape Plan · Landscape Maintenance Agreement · Quit Claim Deed ðIJ :I: .> ~ UuI'ž ~ f-~O I¡ W·~ a. .~ . ::.::~U I u '5·! ~C Z_ ~~ ._a If)a:~ ;~.~~ I: s ~ ðz",a:a 0.. Ziti;: ",~Z:l O~a.. ° _ Z J Hx II ~: . . fi Ii I-~~ :i oz. d=:<II::~O «.....~ H 0 Z>CZx Z ~ " ~¡ ~~~~ za_ ........... III - ¡;¡ uo> . ·a xcxc"''' ~ NC ,0> ...... 4 ...._ ._ . ,I. D 5 ~~ i!! L -rr- ...JU~ ._v ~; i~ %0111'.... . ~~ :;:0 . ~ ~i! :~ az ;1 ai "8 ~ ~ ~~ i~ m~~ i~ ~~ I~ uo. ~~ ~: ¡a:~ ~; ;i a ° 51 a. ~~ _a v_a v. <~ ~~ ¡;~'I~~ z.. !i l~; ~~~ H" a a a. :~ z ~i ~e::WlS: -.. "'''')<, ,':IcE....... Z;;;;~!I 00" ~&ii; ~&j¡ììi~ :j8~ ~a :j2i!:~ HZ ~! .. _00 11~iJI~~~ =i~~~j ¡; ; ~ ; i~ìit~~i!i~!ii~ um$$ll¡~I'¡! H~~~Hj·H.¡ · mH·~~t:Hi;t mHuum~d .~"""'::::¡N":::::=~8 > ~!~!5EU!8e~:;;;!er . -z::-. ~ _~_~~_,~!,q¡!r~~1:~~~~~~~jl~~a¡@j-<_! '¡ - . . - ~ -------- i ,i 1'~cÊ:,~t,I~X r-- ii¡ ----- ,',' _.'P';"";"·· .~~~_.~~..i,=~------- SOO-~I'E16041'P ~x, í i -------+--., I' ' " ., :1 r ~ I I', þ ~t' ..'1 ;i . " ., >, " -y~ / ¿.~,.. /q -::. ~ ~~~,!;:;S' --;"~Ç... ~" II 1 ------t;' !ì., Ii i,..' ~il ::-t: '1 ~i~:1 t~~~ ~-¡ .. I I £: ',l " , I 'Ii \: :.': I ~ I kCll[ I " " I 3 ~ I J , j X= "; ~ J ~ -4'· i I· !I - II ~~ i*;c :.8~~ \,\ !.,¡ ~' -~i~!1 -..L:'-:;;O~ '-_'<~ Of t~ç f :,.-- ~; ~~. -~ ...-' 54/' !:IN] ,~)(..t q J181~)(.3 §,7~ ~,~I~~I ~Z ~ ~~ ~CJ 0 ~ ~ I : WH ° ~ o Z o H >- Z ;: -WO Z Z ° Z ~ ~ ~ ~ ° ~ C ~ ° ~ ~ u z C > ~ ~ ~ '" 0 ~ Z ~ 0 u .........> · . v 0 0- · « z · .. o o o :~¡.... ~!i3:::5 ........... !¡i~~ !:J:...c';: ~~~~~ Prepared By: Alene S. Egol, Esq. Florida Power & Light Company 700 Umverse Blvd. Juno Beach, Florida 33408-0420 Folio No. 12-43-46-20-01-021-0010 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED made this 4 t..h- day of Jjovrs~ePtL- , 2004, by FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida, having its mailing address at P.O. Box 14000, Juno Beach, Florida 33408-0420, ("Grantor"), to the City of Delray Beach, a municipal corporation, located in Palm Beach County, Florida, having a mailing address at 100 NW I 5t Avenue, Delray Beach, Florida 33444, ("Grantee"). WITNESSETH That the Grantor, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, to it paid by Grantee, the receipt of which is hereby acknowledged, does hereby remise, release, and forever quit-claim to Grantee all its right, title, and interest in and to that certain land, situated in Palm Beach County, Florida and more particularly described as follows: See Exhibit "A" attached hereto and by this reference expressly made a part hereof (the "Land). Subj ect to taxes for the current year and subsequent years, to zoning restrictions and other requirements imposed by governmental authority, and to easements, conditions, reservations, restrictions and limitations of record. IN WITNESS WHEREOF, Grantor has caused its corporate seal to be affixed hereto, and this instrument to be signed by its duly authorized officer on the date first above written. Exec~ted in the presence of: //J c~y VPrint Name: lLA-r»i:.t-t.JE c .6/Át-11f1 G-~-P~~ Print N : ~<-( 1?~ GRANTOR: FLORIDA POWER & LIGHT COMPANY By: ~Q~~ Nancy~. Swalwell Director of Corporate Real Estate and Assistant Secretary P.O. Box 14000 Juno Beach, FL 33408-0420 ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY C\falm Beach ) On this L{{I\ day of }1{H¡\U1~'l } , 2004, before me, the undersigned notary public, personally appeared Nancy A. Swalwell, Director of Corporate Real Estate and Assistant Secretary of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument or who has produced -- , as identification, and acknowledged that she executed the same on behalf of said corporation and that she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (notary seal :\tJ\Y PUB ,,,,w"* d'I~~~ "IJ"FOF'.....Ø" " DONNA M. RODEBAUGH I', MY COMMISSION # DO 036578 I': EXPIRES: October 24, 2005 i Bonded Thru Budget Notary Servoee. Ii ADw,,,, {17 4ddltt1 ~"-- NOTARY PUBLIC, STAT OF FLORIDA J \lawiASEIForms\Qwt ClaIm Deed- Gennantown Substation doc Exhibit A LEGAL DESCRIPTION ADDITIONAL RIGHT - OF - WAY A PORTION OF LOT 6 OF A SUBDIVISION OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST An additional right-of-way parcel lying in a portion of Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Lot 6 of MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 SOUTH, RANGE 43 EAST, as recorded in Plat Book B, Page 45 of the Public Records of Dade County, Florida and refiled in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCING at the East quarter corner of Section 19, Township 46 South, Range 43 East; THENCE with a bearing of S.00032'58"E., along the East section line of Section 19, Township 46 South, Range 43 East, a distance of 25.00 feet to the POINT OF BEGINNING; THENCE continue with a bearing of S.00032'58"E., along the East section line of Section 19, Township 46 South, Range 43 East, for a distance of 25.00 feet to a point; THENCE with a bearing of S.88°48'02'W., for a distance of 39.51 feet to a point lying on the East right-of-way line of 1-95; THENCE with a bearing of N.10003'03'W., along the East right-of-way line of 1-95, for a distance of 14.01 feet to a point of curvature; THENCE with a curve to the right, having a radius of 8896.75 feet, a central angle of 00°04'39", along the East right-of-way line of 1-95, for an arc distance of 12.01 feet to a point; THENCE with a bearing of N.89°44'02'W., for a distance of 43.79 feet, more or less, to the POINT OF BEGINNING; CONTAINING 1,055 square feet (0.024 acres), more or less, and SUBJECT to easements, reservations, restrictions and rights-of-way of record. TIllS Instrument Was Prepared By MIKE S. BUCKNER, P A of STEEL HECTOR & DA VIS LLP 777 South Flagler Dnve. West Palm Beach. Flonda KNOW ALL MEK BY THESE PRESENTS' RELEASE NO. 872-R-652 WHEREAS, the Flonda Power & LIght Company (heremafter called FPL). a corporatlOn of the State of Flonda, executed and dehvered to Bankers Trust Company (now known as Deutsche Bank Trust Company Amencas) and The Flonda NatlOnal Bank of JacksonvIlle, as Trustees. Its Mortgage and Deed of Trust dated January 1, 1944, officially recorded m the Palm Beach COlmty Pubhc Records ill Mortgage Book 346, Page No 167, as supplemented, (\vhlch Mortgage and Deed of Trust, as so supplemented, IS herelllafter referred to as the Mortgage and Deed of Trust) and the property heremafter descnbed IS subject to the hen of smd "\10rtgage and Deed of Trust; and WHEREAS, Bankers Trust Company (now known as Deutsche Bank Trust Company Amencas) and Flonda NatIonal Bank, as Trustees, dId execute as of the 23rd day of November 1973 a NotIce Under Marketable Record TItles to Real Property Act, Flonda Statutes, Chapter 12, as to saId Mortgage and Deed of Trust, as supplemented, and dId cause smd NOTIce to be recorded on the 20th day of December 1973 1ll O.R. Book 2251 at Page 613 of the Pubhc Records of Palm Beach County, Flonda; and WHEREAS, pursuant to and 1ll comphance With the Mortgage and Deed of Trust the Co-Trustee resIgned effectIve September 2, 1992, and all the right, TItle and powers of the Trustees under the Mortgage are now held by the Corporate Trustee; and WHEREAS It has been certIfied to the Corporate Trustee that FPL is not m default in the payment of the mterest on any bonds outstandmg under saId Mortgage and Deed of Trust and that none of the defaults defmed m SecTIon 65 of said Mortgage and Deed of Trust has occurred, and WHEREAS, an applicatIon ofFPL for the release of the hereinafter described property free fi:om the hen of said Mortgage and Deed of Trust pursuant to the provIsions of Section 59 thereof has been made, and Deutsche Bank Trust Company Amencas, as Corporate Trustee under saId Mortgage and Deed of Trust, IS in receIpt of the Certrlied Copy of ResolutIons, an Officers' Certificate, Engmeer's CertIficate and Further Engllleer's Certificate, and OpmlOn of CounseL all as required by the provIsions of said SectIOn 59; NOW, THEREFORE, Deutsche Bank Trust Company Amencas, m consIderation of the preIDlses and pursuant to the authonty vested in It as Corporate Trustee under said Mortgage and Deed of Trust, does hereby release, remise and qUItclaim unto FPL all the nght, tItle and mterest of such Corporate Trustee m and to the followmg described real property sItuated m: PALM BEACH COUNTY ADDITONAL RIGHT -OF- WAY A PORTION OF LOT 6 OF A SUBDISION OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST An additional right-of-way parcel Iymg m a portion of SectIon 19, Township 46 South, Range 43 East Palm Beach County, Flonda, smd parcel being a portion of Lot 6 of MAP SHOWONG SUBCIVISIONS OF PORTIONS OF TOVv'1\'SHIP 35 AND 46 SOUTH, RANGE 43 EAST, as recorded ill Plat Book B, Page 45 of the Pubhc Records of Dade COlmty. Flonda and refilled 1ll Plat Book 1, Page 4 of the Public Records of Palm Beach County, Flonda, saId parcel bemg more particularly descnbed as follows' COMMENCING at the East quarter corner of Section 19, TovvTIshIp 46 South, Range 43 East; THENCE wIth a bearmg of S 00032'58"E , along the East sectlOn lme ofSectlOn 19, TownshIp 46 Souih. Range 43 East, a dIstance of25.00 feet to the POINT OF BEGINNlJ\G. THENCE contmue WIth a beanng of S 00032'58"E, along the East sectIon hne of Section 19. Tovmslnp 46 South, Range 43 East, for a dIstance of25.00 feet to a pomt; THENCE WIth a bearmg of S.88°48·02"W.. for a distance of 3951 feet to a point lymg on the East nght- of-way hne ofI-95, THENCE WIth a beanng of N 10°03 '03"W., along the East nght-of-way Ime of 1-95, for a dIstance of 1401 feet to a pomt of curvature, THENCE \VIth a curve to the nght, havmg a radIUs of 889675 feet, a central angle of 00°04 '39", along the East nght-of-way Ime ofI-95, for an arc dIstance of 1201 feet to a pomt: THENCE WIth a beanng ofN 89°44'02"W , for a dIstance of 4379 feet, more or less, to the POINT OF BEGINNING, CONTAINING 1,055 square feet (0.024 acres), more or less, and SUBJECT to easements, reservatIons, restrictIons and nghts-or-way of record. TO HAVE A1\"'D TO HOLD the propertles hereby released and reIllised to FPL, Its successors and assIgns, to Its and theIr O\vn proper use, benefit and behoof forever, free, clear and discharged of and from any and all hens and claImS under and by virtue of saId Mortgage and Deed of Trust It 18 the intention of Deutsche Bank: Trust Company Americas, the Corporate Trustee, as aforesaid, to fully release the above-descnbed real property from the hen of the Mortgage and Deed of Trust as supplemented by all Supplemental Indentures thereto and consequently, if any Supplemental Indentures have been recorded pnor to the recordatIon of this Release, then this mstrurnent, mtended to be a full and complete Release, shall operate to release said property from the lIen of any such additional Supplemental Indenture or Indentures. PROVIDED, HOWEVER, that nothIng herem contained shall be construed to affect the resIdue of the secunty held by Deutsche Bank Trust Company Amencas, the Corporate Trustee, as aforesaid, by vIrtue of sald Mortgage and Deed of Trust or to release the payment of any part of the momes, pnnclpal or interest, thereby secured and that may now remain unpaId. The recItals herein contamed are made by FPL and not by the Corporate Trustee and the Corporate Trustee assumes no responsibIlIty m respect thereof. 2 IN WITNESS v\lHEREOF. Deutsche Bank Trust Company Americas, as Corporate Trustee, has caused ItS corporate name to be hereunto affixed and tlllS mstrument to be sIgned by one of Its VIce PresIdents and ItS corporate seal to be hereunto affixed and attested by one of ItS AssIstant Treasurers III the CIty of N e\v York, New York, as ofthIs21 day of DLr"&~, 2004 WItness as to executIon by Deutsche Bank Trust Company Amencas: DEUTSCHE BANK TRUST COMPANY j\MERICAS, AS CORPORATE TRUSTEE Name (pnnt) iJr!!~~- alii'" j~ {loUÚ ¿¡/~ , V;~ ~It.o By N e(pnnt)" ..$J,.rA£'¡+,.J TItle VIce PresIdent Name (pnnt) ATffiST~~ ~ Name(pnnt): -!ì¿¡/V/f- ~L~ TItle AssocIate 3 STATE OF "\'EW YORK ) SS COlJNTY OF NEW YORK ) On the 2.'7tay ofOc:tobRSlo04 before me personally came SùSø..t) Jò hta.S{)1') to me knowl1. who. bemg by me duly sworn. did depose and say that he/she resIdes at ßrÐ'O \:.-Iy n I N'{ that he/~ IS a Vice Plesldent of DEUTSCHE BANK TRUST COMP A~TY AMERICAS, one of the corporatIOns descnbed ill and wmch executed the above mslrument. that he/she knows the seal of said corpOlatlOn, that the seal affixed to said mstrument IS such corporate seal. that It was so affixed b~rdeI of the Board of DIrectors of said corporatIOn, and that he/she sIgned his/her name thereto by like order - - ~ I HEREBY, CERTIFY that on tlns2'7~(ûc,'iòbaf2004 beforç mr pfirsonalIy appeared 5 ú~o..r. ~ hO'\SoÐt'\ and tl'lo. 60('0 v~"c)1,,~ respecTIvely a VIce PresIdent and an AssocIate of DEUTSCHE BANK TRUST COMPANY AMERICAS, a corporatIOn under the laws of the State of :t\ew York, to me known to be the persons descnbed ill and who executed the foregomg mstrument and severally acknowledged the executIOn thereof to be therr rree act and deed as such officers, for the uses and purposes therem mentioned, and that they affIxed thereto the offIcial seal of said corporatIOn, and that saId InStrument IS the act and deed of saId corporatIOn \\1TNESS my sIgnature and official seal at New York, ill the County of New York and State of New York, the day and year last aforesaid. My Comnn,",on E'qme" 0 ~ 2:. 'U I ~ Annie Jaghatspanyan Notary Public, State of New Yorlc No.01JA6062022 Qualified in New York County ____ CommisSion Expires July 30, 20 oW Prepared by: RETURN: R. Brian Shutt, Esq. CIty Attorney's Office 200N.W. 1st Avenue Delray Beach, Florida 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 2004 by and between the City of Delray Beach, Florida ("City") and Florida Power & Light Company ("Owner"). WIT N E SSE T H: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of Southwest 15th Avenue pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of Southwest 15th Avenue; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: I. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. Prior to the start of construction, an inspection of the existing Black Olive trees along Southwest 15th Avenue shall be performed to assure the trees are free from disease and or damage. 5. The Owner will install and maintain landscape material within the City's right-of- way of Southwest 15th Avenue, except for the existing Black Olive trees, which will remain under the maintenance and liability of "Park Ten Development." 6. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the tenns and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specification and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 7. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the tenns and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Tenninate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 8. The Owner reserves the right to relocate the City's access to this area of the described landscape buffer, as designated on Exhibit "B", at the Owner's expense, to pennit and construct a culvert. 9. The City shall be responsible for any damages to the landscape material and or irrigation system that the City, its officers and employees may cause as a result of accessing this area. 10. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. II. If for any reason the City decides that it needs the right-of-way of Southwest 15th Avenue or for any other public purpose this Agreement shall tenninate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 12. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims, and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 13. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 14. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 15. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2004. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Mayor Approved as to legal form And sufficiency: ~h.~ .\ J City Attorney ~,"w The foregoing instrument was acknowledged before me this Vl/f!.AU1/1/!vt... , 2004 by Nancy A. ~ Dir.. CorD. Beat ElWeoi &t:ít. Sceretary L--- ~~ N£ C ßLhI ~ (Print or Type Name) u~):-~~ (j Ul.A\4 7~ (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH as (OFFICIAL NOTARIAL SEAL) J \law\ASE\Forms\Germantown Substation Landscape Mamtenance doc FLORIDA POWER & LIGHT COMPANY By: iìa¡\~~~~t2L Dir.,Carp.IeI1.....1- Asst. Secretary '~ÝA- day of Á~UU1 t171~tj;m~ Notary Public (j State and County Aforesal My Commission Expires: f',(H\ßI'í A . Lo~4 3333 NORTH FEDERAL HIGHWAY PHONE: (561) 395-3333 JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON, FLORIDA 33431 UCENSED BUSINESS I LB 50 FAX: (561) 395-3315 SKETCH OF LANDSCAPE AREA i A PORTION OF LOT 21 OF A SUBDIVISION OF I SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST PLAT BOOK 1, PAGE 4 I A PORTION OF PARCELS "Aft AND "B" (SOUTHWEST 15TH AVENUE) OF PARK TEN I PLAT BOOK 4Z, PAGE 136 DELRAY BEACH, PALM BEACH COUN1Y, FLORIDA (/) ~ I EAST -WEST QUARTER LINE OF SECTION ZO, g a I TOWNSHIP 46 SOUTH, RANGE 43 EAST -I 0 . ~z ~ POINT OF COMMENCING ~ N N :4 \ I WEST QUARTER CORNER OF SECTION ZO, ~9 ~ \- : --.!.<?~NS!iJ~~~2~~TH!_ ~9~~~~?I---- ---- ~ ëj % \ -: - SOU T H W EST ~ ~ ~ g \ _ LSLLb-<r-S_T-ILLL1· ~ ~ \ ~SOO.3Z'58"E N88·48'OZ"E (/) ~ 50.00' DEED N88.48'02"E 385.03' DEED 60.00' -18> :.(, \ ---- - - - 25' ~ \ IV) POINT OF BEGINNING 15' ~ NOTE : o I -I ..c: 20' 1 BEARINGS SHOWN -T\ 0 ~ PARCEL "A" 1 HEREON ARE BASED \" \: ~~ PARK TEN ~ (]1U> ON A B~ING OF <D I ~ (/) Z 'I ~ 0 S.00·32'58 E. ALONG _ (J\ I - 'T PLAT BOOK 4Z, PAGE 136 g vw rl- THE WEST SECTION ~ I -I ~ : "'? LINE OF SECTION \ : ~ ~ A eRE AGE ~ I I g¡, :T C 20. TOWNSHIP 46 I (J) r 03~ I : 'T SOUTH, RANGE 43 ,n 1 0 - I ~ --I EAST. \oW I C Z PARCEL "8" ,'-' . -11"1 I I..... » \! ~~ PARK TEN I I,~ I -'U ., PLAT BOOK 42, PAGE 136 - SEE SHEET > (/) I: <:E t>r:;u i OF 4 I ~~ I .!!.~~ FOR MAP : \ : 6 RL~~~:g¡: rrtrrt ~~~ LOCATION. I VI Z t.=091 4 '39" Z 0 '-J to Q ~þ N44.21 '11"E U> ~ ."t SEE SHEET ::uëj o~ :, .... j~ 35.16' C-t - 3 OF 4 ~ ~ "T (/) - FOR LEGAL c>z (/}-I I \ '-- _ _ _ _ rrt DESCRIPTION. 1"1 (/) ~ (/) I t> r :;u ~~6~ 'I \--------T------- 1 ~~~ Z - 1 (/}I (/) (ONU) ~ ~ 0 1 \ S88·48'02"W , '-J. 03 oito..... tí) en ..... Z II \ "Z9.8Z' N~ NOl ~~~ -I (/) ~ r PARCEL "D" oJ 0101 01~ ...- ..... g Z PARK TEN 500'3Z'58"E ~ "t btx? ~ . -I 'T ZO.46' ~ß "tß I PLAT BOOK 42, PAGE 136 ~ :Ê THIS IS NOT A SURVEY. c " ã. .. ~ => m . a. " " .. "0 c " --' (J\ ..... o .s= 2 . ... (/) ./ '" ~ "0 ~ ~ ::> (/) ./ Z o F ~ (/) m ::> (/) --' a. ... ./ I ~ t") N o o C> "J- t") N o o C> "J- ... "0 " " ./ .... '" " ~ ¡;, c "¡ " o Drawn By LJR ..Jfte 7-27-04 Checked By JfìØf7}1,..7JDrs. -==-Pg. - . Scale 1" = 1 00' Job No. JG-ID0-0023-TS-1 ~~~ Sheet~of~ ,/,I2L 0/2.7/0'1 FRE RI LEHMAN PR FESSIONAL LAND SURVEYOR NO. 4304 STATE OF FLORIDA t')(.l-I ItllT' A; ~ Of" 4 . 3333 NORTH FEDERAl HIGHWAY PHONE: (561) 395-3333 JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS '" lAND SURVEYORS lICENSED BUSINESS , LB 50 BOCA RATON, FlORIDA 33431 FAX: (561) 395-3315 LEGAL DESCRIPTION LANDSCAPE AREA A PORTION OF LOT 21 OF A SUBDMSION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND A PORTION OF PARCEL n A" AND A PORTION OF PARCEL H B II (SOUTHWEST 15 th AVENUE) OF PARK TEN A landscape area porcel lying in a portion of Section 20, Township 46 South, Range 43 East, Palm Beach County. Florida, said parcel being a portion of Parcel "'A" and a portion of Parcel "B" (Southwest 15th Avenue) of PARK TEN, as recorded in Plat Book 42. Page 136 of the Public Records of Palm Beach County, Florida, and a) so a portion of Lot 21 of MAP SHOWING SUBDMSIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 SOUTH. RANGE 43 EAST. as recorded in Plat Book B. Page 45 of the Public Records of Dade County, Florida and refile in Plat Book 1. Page 4 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows : COMMENCING at the West quarter comer of Section 20, Township 46 South, Ronge 43 Eost; THENCE with a beoring of S.00-32'58"E.. along the West section line of Section 20. Township 46 South. Range 43 East, a distance of 50.00 feet to a point; THENCE with 0 bearing of N.Sa-48'02"E.. along a line 50.00 feet South of and parallel with the East-West quarter line of Section 20, Township 46 South. Range 43 East. for Q distance of 385.03 feet to the POINT OF BEGINNING; c :8 ... -;:: () .. · .., õ j' ... ~ :3 m · Q. o () · ... ~ ./ '" · ~ ::> (I) ./ Z o ~ .... (I) m ::> Q) -' Q. ... ./ I I!! '" N o o C) ? 1') N o o C) ? ~ .., o () ./ .... '" o """> ./ ./ ¡" <= OJ e c THENCE continue with a bearing of N.Sa- 48'02"E., along a tine 50.00 feet South of and parallel with the East-West quarter line of Section 20. Township 46 South, Range 43 East, for a distance of 60.00 feet to a point; THENCE with a bearing of S.0032'58"E., along the centerline of Southwest 15th Avenue. for o distance of 321.90 feet to a point of curvature; THENCE with 0 curve to the left, having a radius of 121.97 feet, a central ang1e of 14°30'00". along the centerline of Southwest 15th Avenue. for on arc distance of 30.87 feet to 0 point of reverse curvature; THENCE with 0 curve to the right, having a radius of 191 .97 feet, a central angle of 9·50'42", along the centerline of Southwest 15th Avenue. for an arc distance of 32.99 feet to a point; THENCE with a bearing of S.8a-48'02"W.. for a distance of 2~.07 feet to a point; THENCE with 0 curve concave to the West. having an initial tangent bearing of N.05°48'19"W., a radius of 166.97 feet, 0 central angle of 9-14'39", along the West right-of-way tine of Southwest 15th Avenue. for on arc distance of 26.94 feet to a point; Drawn By LJR Dote 7-27-04 Checked By)t}4...f.., J5ft¥B. -_ Pg. - Scale Not to scale Job No. JG-1IXHJ023-TIH Sheet~of~ /~ o/z¿/o ~ SEE SHEET 1 OF 4 FOR SKETCH. SEE SHEET 2 OF 4 FOR LOCATION MAP. &'-Hß I~ A ....~~~ 3333 NORTH ÆDERAL HIGHWAY PHONE: (561) 395-3333 JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS &: lAND SURVEYORS UCENSED BUSINESS * LB 50 BOCA RATON, FLORIDA 33431 FAX: (561) 395-3315 THENCE with a bearing of S.74·57'02"W., for a distance of 25.49 feet to a point lying on the West line of Parcel "A" of said PARK TEN; THENCE with a bearing of" S.00"32'58"E.. along the West line of Parcel "A" of said PARK TEN, for a distance of 20.46 feet to a point; THENCE with a bearing of S.88" 48'02"W, along a line 15.00 feet North of and parallel with the North line of Parcel "0" of said PARK TEN, for a distance of 39.82 feet to a point; THENCE with a bearing of N.44"21'11 "E., for a distance of 35.16 feet to a point lying on 15.00 feet West of the West line of Parcel "A" of said PARK TEN; THENCE with a bearing of N.00"32'58"W., along a line 15.00 feet West of and parallel with the West line of Parcel "A" of said PARK TEN. for a distance of 360.41 feet, more or less, to the POINT OF BEGINNING. CONTAINING 23,026 square feet (0.529 acres), more or less, and SUBJECT to easements, reservations, restrictions and rights-of-way of record. N C ~ c.. 'r: () .. .. .., õ ~ ... .. := ::> m .. c.. o () .. .., c .3 ,..- 01 . i :::Þ In ,..- Z o ¡::: :! In m :::Þ VI ...J Q. ..... ,..- I ~ r') N o o co ~ r') N 8 co ~ .., .., o o ,..- ..... 01 o .." ,..- ,..- Ò> c "¡ o Õ Drawn By LJR Dote 7-27-04 Checked By JIl{¡Jr7 ]2.1)is. ~Pg. - Scale Not to scale Job No. JG-100-0023-TS-1 SEE SHEET 1 OF 4 FOR SKETCH. SEE SHEET 2 OF 4 FOR LOCATION MAP. -- //k-'7/Z7/~V Sheet 4- of 4 " :I: .>- ~ ~~g 0 " .." 0 % W % . % ., ~"''' '" .. ~ ",,, . z c./)cr~ H " .. .0 "0 0 % " ~ ~ï , 0 0 o. ZVI;J .%" ! 0 ! ~§ %." O~D.. u , I ~g~ 0 , H% ~~ ~ 0 ..-~~ !; . ~i ~~~ 0 <:(~~ o~ ". .. 00 iª! Uò>- ~~ ¡~~ ~~ ON; a~ 0 >I. ~~ i~ ~~~ % .0 -I"'" . ;~ i~ . :::0 ~! " %~ . ~ ~§ a~g 0 g~ O. " WZ i.~ ~L ~~ ~~~! ~ 0- :1 ~~ 00 Î~ ¡t ~ .. :~2o. f . ~~ ii .~ 0 -:>"'111 ! i _0 .~ ~g:;! ¡; .~ ~~ 00 00 ~~~: "" o. . 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OJ ~ c~ ~~~~ ~:'8~ o . ~!f~ --- ..-j . ;~-~~ . o >u II!Ç :.. §.;;~~ ~,... !¡~~; 10.1:1:5'" ~:!~ª ~~a~~ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ I AGENDA ITEM # ~ - REGULAR MEETING OF DECEMBER 14. 2004 RATE ADJUSTMENTS/FIRE-RESCUE EMERGENCY MEDICAL SERVICES (EMS) TRANSPORT FEES TO: SUBJECT: DATE: DECEMBER 10, 2004 This is before Commission to approve rate adjustments for the Fire-Rescue Department's Emergency Medical Services (EMS) Transport Fees effective January 1,2005. Emergency medical service transport fees covered by re-imbursement through Medicare are being "standardized" on a National basis. Total implementation of a National Ambulance Service Fee Schedule should be completed in 2006. We are recommending fee adjustments that are consistent with the Medicare "presumed" fee schedule to keep our fees updated as we progress toward 2006. The attached recommended adjustments reflect the overall area average. Recommend approval of staffs recommendation to approve rate adjustments for the Fire-Rescue Department's Emergency Medical Services (EMS) Transport Fees effective January 1,2005. S'\C,ty Clerk\agenda mernos\EMS Transport Fees 1214.04 [ITY DF DELRAY BEA[H FIRE-RESCUE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM · HIGHLAND BEACH DELRAY BEACH ~ All-America City " III! MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: November 29, 2004 SUBJECT: E.M.S. Transport Fees Emergency medical service transport fees covered by re-imbursement through Medicare are being "standardized" on a National basis. Total implementation of a National Ambulance Service Fee Schedule should be completed in 2006. Accordingly, we are recommending fee adjustments that are consistent with the Medicare "presumed" fee schedule and it is important that we keep our fees updated as we progress toward 2006. The attached recommended adjustments reflect the overall area average. We request that this item be placed on the December 14, 2004 agenda, with an effective date of January 1,2005, if approved by the City Commission. \t :-h. l K~oen Fire Chief FIRE-RESCUE DEPARTMENT HEADQUARTERS· 501 WEST ATLANTIC AVENUE· DELRAY BEACH. FLORIDA 33444 (561) 243-7400' FAX (516) 243-7461 Printed on Recycied Paper Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0429 A0427 A0433 A0434 Boynton Beach $325.00 $400.00 $500.00 $8.00 Boca Raton $488.25 $488.25 $630.00 $656.25 $8.93 Palm Beach Co. $395.00 $395.00 $495.00 $7.95 Deerfield Beach $500.00 $500 00 $600.00 NA $9.00 West Palm Beach $340.00 $340 00 $480.00 $580.00 $7.25 Delrav Beach $370 00 $390.00 $495.00 $520.00 $7.65 AVERAGE $403.04 $418.87 $533 33 $585 42 $8.13 $370.00 $390.00 $495.00 $520.00 $765 RECOMMENDATED FEES $400.00 $420.00 $530.00 $585.00 $8.15 Change $30.00 $30.00 $35.00 $65.00 $0.50 Percentage change 811% 7.69% 7.07% 12.50% 6.54% _____ _~____ -------' ~ A AGENDA ITEM NUMBER: oG AGENDA REQUEST Date: November 30, 2004 Request to be placed on: X Consent Agenda Special Agenda Workshop Agenda When: December 14. 2004 Description of agenda item: Consider approval of rate adiustments for the ·Fire-Re!';cue Department's Emer~ency Medical Services Transport Fees ~ff~{'tiv~ .Tann;:¡ry I. 200'). ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO X X Recommendation: Approve the r~commeniled adju!';tments. Department Head Signature: \(~ - ~.l 1 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: 8 ø No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # ~ MYDELRAYBEACH.COM City of Delray Beach Administrative Services Memorandum TO: David 1. Harden City Manager FROM: ~obert A. Barcinski ~ Ässistant City Manager SUBJECT: Aaenda Item-City Commission Meetina December 14. 2004. Special Event Reauest - Asian Food Fair and Cultural Show DATE: December 7 2004 ACTION City Commission is requested to consider approval of the 2nd Asian Food Fair and Cultural Show sponsored b~ the Bangladesh Association of Florida proposed to be held on March 19th and 20t , 2005, on the grounds at Old School Square and in a portion of the CRA parking lot from 10:00 a.m. to 6:00 p.m. Commission is also requested to grant a temporary use permit per LOR's section 2.3.6 (h) for the closure and use of NE 1 st Avenue north of the grounds of Old School Square to NE 1 st Street and to authorize staff support as requested. BACKGROUND Attached is an event permit along with a letter request from Mohammed Emran, President, Bangladesh Association of Florida for this event proposed to be held March 19th and 20th on the grounds of Old School Square and a portion of the CRA parking lot. The site would be fenced and there will be an admission charge. No alcoholic beverages will be sold. Mr. Emran is requesting City staff support for security and traffic control, EMS services, clean up and trash removal, and event signage. Due to the number of people estimated to attend we do not feel EMS services are needed. The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote cultural diversity. %F The estimated staff overtime costs for the event are $5,440 with an additional estimate of $450 for event signage and barricade rental without EMS presence. The event sponsor does have a 501 (c) (3) designation. Per our event policies effective 1/01/05 they will not be charged for costs incurred by the City. An event budget and site plan are attached. Old School Square has given tentative approval for the event pending approval by the City. This event as proposed would fit into the event schedule with no violation of the policy. The event sponsor is also requesting that the City request the use of the County Parking Garage for this event as well as City lots at City Hall. RECOMMENDATION Staff recommends consideration of approval of the event, the temporary use permit, staff support as requested without EMS services and signage contingent on the receipt of a certificate of insurance, hold harmless agreement, and approval by the CRA for use of their lot. Signage would be put up one week prior to the event per LOR requirements. No charges would be levied for City services per event policies and procedures. RAB/kep Cc: Peggy Murphy File. S Shared Doc. Agenda Item City Commission Meeting -Asian Food Fair City of Del ray Beach Special Event Permit Application /r~,,- a/r1~nuÁ R./t H PJ/} ¡J F 7 ftJ - J,)SS DELRAY BEACH ~ q¡¡~ Event Sponsor/Producer: PLEASE PRINT As, AN FOb]) fA tfZ ~ C L1l 1VL tA L S-ltaL-\)2JJoç- tvll\12.GH I~ -(~ ~ 2(JTf..\ J ~ ~TI5LtN 10· 00 f\tM ÎD (o.f. CVI ßt\-N(ylAÐ~SH ITssOClð\TIt>~ ðF -R.øJ2A.P~ 1993 2001 Event NamelTitle: Event Date(s): Event Time(s): Event ContactlCoordinator: V\O KÆM~ lff1 (l.f\rJ Name: Mo H ,A-'1v\fv\trr) G'Mµ.,J Address: [I ou f+ð--HÆ-t~C c" «, J G-f!-f5F.;N'fTeI2£S Ft- "33413 Telephone Number: ~r--- ÓÇ\--q)11 Cellular Number: 5b 1- 3S-( -:-51) f1 E-mail Address: þ..( ì 01-£1 ( ~ ~e-J-~/) G.. anl- C:OVh Event Description/Purpose: "10 f>Yo ~6 -t ¿ Â <; I 1'Tri A-vvt ë fl.{ CA-tiJ c,'^ L 'T t4!-f, . ...... Sponsor Category (please check) City litNon-Profit/Charitable 0 Private 0 Co-Sponsor - Non-Profit/Private- 0 (If Non-profit attach proof of 501c(3) or (d» Event LocatioA (Describe area boundaries of event/location): S~ PI 'G 1 G ~ ð Lt.Ñ D ,b--L\..- PP-R"-\N(;. LOT ~~1.' SI'Ù~ ()ç &-(lou-~. 1t+ç G-c..o......µ'~ A DJi\L~tJT íò A-r:'~Í{(, It·1¡¡~. Site plan attached yes J (Site plan required for entire event site) Event budget attached yes ~ (Required for all events) Serving or selling alcoholic beverages yes no V (If yes, copy of license and a/coho/liability insurance required two (2) weeks prior to event) no no 1 ~ Event certificate of insurance attached yes no v (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music yes l/ no (Waiver required) Requesting Police assistance yes v' no (traffic control/security) Will supplement with private security yes no V (If yes, need plan attached) . V Requesting Emergency Medical assistance yes no Requesting barricade assistance yes V no Requesting stage use (If yes, check type) Large stage covered 0 Half small stage 0 Requesting signage yes t/ Type: Event sign ~ Directional signs \./ Banner hanging \./ Indicate dates required (Waiver required if more than one (1) week prior to event) V yes V yes V no pJt')/~ ¿ðll/ u..cL bSS ~ ' Large stage no cover ¡tI1 Small stage 0 no Requesting trash removal/clean up assistance yes Requesting trash boxes and liners no no fv'11çt, CH 1 b í .Q. DO~ Food and beverage vendors yes V no If yes, approximate number f).'S V Health Department approval yes no Other vendors yes \/'" no Tents 'Sslløo yes V no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes V no (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes v no 2 Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) yes no v Will there be cooking with compressed gas (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event yes no v/" (If yes, locate on-site map. If no, indicate how you will handle restroom needs) yes ,/ no Will there be a charge for the event (If yes, indicate ticket prices) yes / no Is reserved parking requested (If yes, indicate locations) yes v no 4LA; L:-----v.. Ct.< ,.... '- Event Contractor/Coordinator Please print: MOf..ifH~..1"""i EO E1\.1(¿A,.J IO--OÇ- .'J-OvLj Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 " " ot..l> ~cHðð.t S(Jt,,4LF e;",~';"''''~AtI h f//"h'nt fa ór 4 (/"ttl5 JJ .~~ _ ' 19/øJ- 7!>! 1åÞi~, L~I " .. ,__ __ ~ .~--._-- -- --- -------------,----------------- -- --- [ ~ I ' .!.33ô!1LS,.,;TN ,. r----'-'---'-----'-------'--- --- -,- -'~ ! _' _ ' . ' -~~ ~ ~ _ ~, ---....,... a. ¡ dO:[7V==': ':~, - ''', \, ... r--'-'''H,I···~ tln··~~'~ I '-:;~;,;:f 1 I, U, ! \ ,)l \ ! '1 (I il ; r !~ I ¡ ü -if ¡ .. 'I ff ! ~ I ! ~I -~ a,.' ¡ i ... , \ I~_~__ _,,!U I~ . '< i~ , t-------- I!::¡ , 'l~~,~~~= J 6 l-l ¡ fi! 11 ¡i ir ':ij, 'I -.. I' - I' -, \ . I Ì"--- <) /¡II'I.~,>L~(;, J: ~!' ~lj '·li ! ~ _! ~,¡!\ ' I .r;...!,.. -Ill ; ¡: ¡ -I ! i ¿;. I'; ¡ '-r.'=~ ~ .... :~..., 0;' i i_·I!! ~,- ,..J : ~' '1 '--rr--.-.-¡, ¡ ~--: '--;.7 I --' I ,D ,. JB. : :: ¡ ¡ ~ ",;: ¡ ~~ r"'M\ I d Iy~j \..l) 'r,' ~, .'-- I ·~ù ¡ I i lì' I ¡ I \ i ! -.-r : l· i <: j í ~ . ì I I I I 1\\,' ¡ ¡' . I' '~I: 11-'1 ~ tl _~)~-ö L I L III II fì) r J",' ~, L-J¡ì ¡ ! I l [~,; ______t~~__ _¿J: ! \ I L_____-=- / ., 'ê:. ~ :~ I -.1 I, ,'- - I r ¿§ ~ ,,' --f.- i I' ~-- \ ! --- _____________h_ -st:.-- _ _ -L,,:,-"'":":,-; ,} . - :r--""'( I Ii , :1 I I: ¡th biaD roo~ rair ulturaI ~ow ~ 1104 HATTERAS CIRCLE, WEST PALM BEACH, FLORIDA, U,S.A. 33413. PHONES: (561) 351·5019 (954) 873-1411 FAX: (561) 686-1128. Festival committee: Mohammed Emran Chairman 561-351-5019 - Co-Chairman 954-873-1411 Asian Food Fair & Cultural Show 2005 March 19th and 20th Budget Projections: Advocate Zahlr Uddin Secretary General 561-876-2255 A.B.M.Gulam Mustafa Cultural Chairman 954-249-1033 - Communication & Media Chairman 954-803-3944 Incomes:- Admission 3000x5 Advertise/Sponsors Aid/Donation Vendor Total =15000 = 4000 = 12000 = 6000 37000 Ferdous Chowdhury Magazine Chairman 561-281-4935 - Stall Chairman 954-415-2716 Osman Chowdhury Apu Advertisement Chairman 754-235-0787 - Publicity Chairman 954-421-5142 - Stage & Decoration Chairman 954-274-1485 Anwar Hossam Discipline & Security Chairman 954-486-3515 SerajullslamTalukde Reception Chairman 954-235-255 - Bangladesh Stall Chairman 954-347-1399 Hablbur Rallman Expenses:- Site rental = 4830 Insurance = 1000 Fencing = 3400 Tent =12000 Magazine = 4000 Children Activities = 1800 Performer = 2500 Donations = 1000 Volunteer Hospitality = 500 Advertisement = 800 Scholarship = 1300 Printing = 800 Accounting = 500 Total 34430 Difference:- $2570.00 Coordination Chairman 954-401-9612 Mohammed Ashraf Uddin Fund Raising Chairman -- Finance Chairman - Audio. Video & _rman Coordination Chairman 954-401-9612 Nov 17 04 08:44a Mohammed Emran 561-686-1128 p. 1 .-=~"..·1Jtb IliaD roo~ rair & taltmllbow JII! 1104 HATIERAS CIRCLE, WEST PALM BEACH, FLORIDA, U.S.A. ~13. PHONES: (!161) 351-5019(954) B7301411 FAX: (561) 1i8601128. Festival committee: Mohammed Emran Chairman 561-351-5019 1fft.1lr;:.ii.I..ul!.I!I Co-Chairman 954-873-1411 Advoç;¡tú Zafllr Uddin Secretary General 561-876-2255 Ä.B.M,Gulam MI..I$lafa Cultural Chairman 954-249-1033 ~ Communication &. Media Chairman 954-803-3944 Fcrdou$ Chowdhury Magazine Chairman 561-281--4935 1~~u..'f".I_·:t~ Stall Chairman 954-415-2716 Osman CtlOW(l1ury Apu Advertisement Chairman 754-235-0787 1Ium...-mmi Publicity Chairman 954--421-5142 1:·:-atII Stege & DêCOration Chairman 954-274-1485 '~'I"'.'''".: I.}'~'I.I Discipline & Security Chairman 954-486-3515 Sera ul ISlamT()ll..Ikde Reception Chairman 954-235-115 h.'JII~..ø . Bangladesh Stall Chairman 954-347-1399 Habllw Rahman Coordination Chairman 954-401-9612 Mohammed Ashraf Uddin Funa Raising Chairman 1:li1....5t9'1 Finance Chairman 1iIiiUI'..... ;¡nurw Audio. Video & i:~4f._~~~rman Coordination ChaÎnnân 954--401-9612 To: RECEIVED NOV 1 7 2004 Robert A. Barcinskj A~9istant City Munàger City of Dclray Beach, FL Sub: Asian Food Fair & Cultural Show 2005 March 19th-20th Saturday & Sunday. 2005 Dear Mr. Barcinski, The Bangladesh Association of Florida and the Asian CuJtural Council have reserved at the Old School Square Entertainment pavilion and groWld for the ] 2th Asian rood Fair & Cultuml Show 2005, to be held Saturday, March 19th & Sunday, March 10th, 2005 from II :00 AM - 6:00 PM. W c are asking that the City of Delray Beach support this event, as it promotes the cultural and ethical diversity of this community and the surrounding area., and provides an opportunity 10 raise funds for the Bangladesh Association of Florida as a non-profit organization. Whenever the community people need help Bangladesh Assoc. of Florida comes forward to help the as much as possible. The festival is organized to celebrate the Asian and the Pacific American Heritage and promotes cultural divenöiLy ill lh~ commwlity. Thc Asian Fair presents shows, OOnee, music, exotic ethnic foods, arts, and crafts. The fair will be attended by thousands of people and organization representing; Bangladesh, India, Pakistan, Japan, Myanmar, Thailand, Korea, China, Philippines, Vietnam, Israel, the Middle East, and many other Asian Counties witt participate in the Asian Food Fair. The event 5íte will be enclosed as there will be an admission charge. No alcoholic beverages will be served during this event.. Estimated attendance is approximately 2000 per day. The Assoc. requests the following support staff and services from the city of Delray Beach: .¡' Endorsement of this event by the City ofDe]ray Beach ./ CRA Block 76 parking lul will be fenced during the Asian Food Fnir ,¡ Police support staff as required by the Delray Beach Police Department ,¡ Emergency Medical Technicians as required by the Delray Beach Fire Department. .¡ Signs announcing the event to be placed at West Atlantic Ave.. North and South Federal Highways ../ Event parking sings and banicades as necessary to direct event traffic .¡ Department of Park & Recreation to provide trash disposals, liners. and trash removal at the end of each day. Site maintenance during event hours. ./ Use of all city, aU county, all court house including garage parking lot The Bangladesh Assoc. of Florida requests that this event be scheduled before the City COllUßission at yuur t:lU'liest convcnicnc;c::. If you have any questions, or need additional infonnation, please contact me at (561) 351-5019. Thank you very much for your consideration and support. Sincerely, CJ ~ ~ Q..,.....-. /1. J1-.JOð 4 Mohammed ~mmn, <';hainnan Asian Food Fair A">.:JI'::> i /""'\1\11 CITY MANAGER Deo 04 04 06:17p Mohammed Eml"'an 561-686-1128 p. 1 1!~ lIil roo~ rair ~ tultarall~ow !II! 1104 HATTERAS CIRCLE, WEST PAlM BEACH, RORIDA. U.s.A. »113. PHONES: (561) 351·5019 (954) 873-1411 FAX: (561) 68601128. Festival committee: Motlammed Elllran Chairman 561-351-5019 1"'.....iil.X.I!þ] Co-Chairman 954-873-1411 Ä(vocate Zall ir UcJd 111 Secretary General 561-876--2255 A.8.M Guli1m Mustafa Cultural Chairman 954-249-1033 I:Ðmml:Kuam¡ CommunÎc:etion & Media Chairman 954-803-3944 FNrtOLJS Chowdhury Magazine Chairman 561-281--4935 - stall Chairman 954-415--2716 Osman Chowdhury Apu Adverti5ement ChaÎrmëtn 754-235-0787 - Publicity Chairman 954421-5142 1:1:.¡r.n..T.11 StaQe & Decoration Chairman 954-274-1485 Anw¡u Hossain DisCIpline & Security Chairman 954-486-3515 Sc r"J ul 1,-,1;) rll T <) I" l,c1c Reception Chairman 954-235-255 1¡'mr.n.lIßfiIiI Bangladesh $tall Chairman 954-347-1399 hd;.,rJL.lr r:~\-:;111 ~:- Coordination Chairman 954-401-9612 Mvh"mmcd Ashrdf U(ldlr\ Fund RaIsing Chainnan 1::."'00011 Finance Chalnnan 1IiJit....··.NP'pl Audio. Video & i:~~_~~:~rman Coordination Chairman 954-401-9612 Date: Dec. 05, 2004 To: Tracey A. Sweeney Executive Assistant CiLy of Delray Beach, FL SUb: Invitation to attend Asian Food Fair in Downtown Delray Beach. AQrid<l Dear Sirl Madam, On behalf of Bangladesh Association of Florida we take the opportunity to introduce our annual cultural festival 'Asian Food Fair and Cultural Show' to be held in Downtown Delray Beach, Old School Square Arts and Culturol Center, Florida on March 191t1& 201tl, 2004. This colorful annual program which started in 1994 and being held annually in Old School square, Delray Beach, In Palm Beach COunty has become a showcase of the ASian Culture of the Palm Beach and the adjoining counties and promotes the wltural diversity in the local community and celebrates the Asian/Pacific American Heritage. Every year there were a great variety of various cultural events, tasty ethnic food with music and native dances with colOfful costumes, which were performed by people from different countries of Asia. The Bangladesh Association of Florida has organized the show for the last ten successive years. In the past this event received the blessing from lots of dignitaries including the honorable ex-president Bill Ointon, U'It:J Governor Jeb Bush and attended by County Commissioner Mary McCarty, Representative Robert Wexler, Representative Alœe Hastings, Palm Beach County Sheriff Chef Ed Bleluch Delray Beach ex-Cty Mayor David W. Schmidt, present Mayor Jeff Pearlman and various Ambassadors of Asian countries. We also get strong support from the local community and administration and the Press has recognized it as an annual event in Florida as marked by huge public attendance. This year we have planned to host the same on March 19111 &. 20111 at Old School Sauare Cultural Center in Downtown Delrav Beach. We have the honor to invite you kindly to attend the festival any of the two days between 20m to 40m during the peak period of the pI"09ram. Please contact anv of the undersigned with exact date and time prior to your viSit to make necessary arrangements. We remain and express our thanks for your kind support. Yours Sinœrely 8 -..a----.." ....... Mohammad Emran President & FestiVal Chairman Tel: (561) 351-5019 Rana Haque FestIval Co-D'lainnan Tel: (954) 873-1411 Advocate Zahir Uddin Festival secretary Tel: (561)-876-2255 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER [f;t1 AGENDA ITEM # cg C:7 - REGULAR MEETING OF DECEMBER 14. 2004 MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES TO: FROM: DATE: DECEMBER 10,2004 This is before Commission to approve a mutual aid agreement by and among Palm Beach County Law Enforcement Agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. The agreement has been reviewed and approved by the City Attorney. Recommend approval of the Mutual Aid Agreement with Palm beach County Law Enforcement Agencies. S:\C,ty Clerk\agenda memos\Mutua\ AId PBC Agmt.1214.04 Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 0/) D~CH F cOR I ~ .. tIr.8:d All-America City , 1111: Joseph L. Schroeder Chief of Police 2004 1993 2001 MEMORANDUM REC~1VËu - E 2004 r~TV MANA(;~¿¡'¡ TO: David T. Harden, City Manager FROM: Joseph L. Schroeder, Chief of Poli DATE: December 2, 2004 SUBJECT: MUTUAL AID AGREEMENT It is time again to renew the Palm Beach County law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. Only minor changes have been made, and I am asking that you and Mayor Perlman sign off on this document. Upon signing, please return to me so I can forward it to the appropriate entity. JlS/ppt Attachment Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment', which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each ofthe agencies may request and/or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motorvehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, inter-agency task forces and/or joint investigations, and coverage for overtime details. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or hislher authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in hislher jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to exercise authority as a law enforcement officer as ifthe officer was in his/her own jurisdiction. Should enforcement action betaken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, tum the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. The Agency Head's decision in these matters shall be final. 2 SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipmentthat are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing ofthe complaint shall be forwarded without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis forthe complaint exists and/orwhether any of the employees ofthe requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. 3 SECTION VI: POWERS, PRIVilEGES, IMMUNITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127 (1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably it's own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel ofthe agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. D. A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. E. The agency furnishing aid pursuant to this section shall compensate it's employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of it's employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. F. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits ofthe employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions ofthis section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. G. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. 4 H. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31, 2009. On or about September 30,2008, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. 5 " ATTEST: CITY OF ATLANTIS: Fred Furtado Mayor (date) Mo Thornton, City Manager (date) CITY OF BELLE GLADE: Steve B. Wilson, Mayor (date) Houston Tate, City Manager (date) CITY OF BOCA RATON: Steven L. Abrams, Mayor (date) Leif Ahnell, City Manager ( date) CITY OF BOYNTON BEACH: Jerry Taylor, Mayor (date) Kurt Bressner, City Manager (date) CITY OF DELRAY BEACH: Robert G. Mangold, Chief of Police (date) (date) Albert Dowdell, Chief of Police (date) (date) Andrew J. Scott, III, Chief of Police (date) ( date) Marshall B. Gage, Chief of Police (date) (date) ~ /dl& Joseph L. Schroeder, Chief of Police (date) Jeff Perlman, Mayor (date) David Harden, City Manager (date) (date) 6 FLORIDA ATLANTIC UNIVERSITY: Frank T. Brogan, President (date) - (date) CITY OF GREENACRES: Samuel J. Ferreri, Mayor (date) Wadie Atallah, City Manager (date) TOWN OF GULFSTREAM: William F. Koch, Jr., Mayor (date) William H. Thrasher, Town Manager (date) TOWN OF HIGHLAND BEACH: Thomas J. Reid, Mayor (date) Doris Trinley, Town Manager (date) TOWN OF JUNO BEACH: Robert C. Blomquist, Mayor (date) Gail F. Nelson, Town Manager (date) Delores Danser Director of Safety and Security (date) (date) Gregory P. Smith, Director of Public Safety (date) (date) Garrett J. Ward, Chief of Police (date) ( date) Gwendolyn Louise Pascoe, Chief of Police (date) ( date) H.C. Clark, II, Chief of Police (date) (date) 7 TOWN OF JUPITER: Karen Golonka, Mayor ( date) Andrew D. Lukasik, Town Manager (date) TOWN OF JUPITER INLET COLONY: Richard J. Westgate, Chief of Police (date) (date) John M. Zuccarelli, III, Mayor (date) Joseph Benevento, Chief of Police (date) Joann Manganiello, Town Manager (date) TOWN OF LAKE CLARKE SHORES: (date) Robert M.W. Shalhoub, Mayor (date) William W. Smith, III, Chief of Police (date) Joann Hatton, Town Administrator (date) CITY OF LAKE WORTH: (date) Rodney Romano, Mayor (date) William E. Smith, Chief of Police (date) Paul Boyer, City Manager TOWN OF LANTANA: (date) David J. Stewart, Mayor (date) Michael Bornstein, Town Manager (date) (date) Richard M. Lincoln, Chief of Police (date) (date) 8 TOWN OF MANALAPAN: William E. Benjamin, II, Mayor (date) Wilbur C. Walker, Director of Public Safety (date) Greg Dunham, Town Manager TOWN OF MANGONIA PARK: ~~ ~~ William Albury, III, Mayor (date) Frank Spence, Town Manager (date) VILLAGE OF NORTH PALM BEACH: Don Noel, Mayor (date) Mark Bates, Village Manager TOWN OF OCEAN RIDGE: (date) Kenneth Kaleel, Mayor (date) D. Bill Mathis, Town Manager (d ate) CITY OF PAHOKEE: James P. Sasser, Mayor (d ate) Lillie Latimore, City Manager (date) Rodney P. Thomas, Chief of Police (date) ( date) James Knight, Chief of Police (date) ( date) Edward G. Hillery, Jr., Chief of Police (date) (date) Rafael Duran, Jr., Chief of Police (date) (date) 9 TOWN OF PALM BEACH: Lesly S. Smith, Mayor (date) Michael S. Reiter, Chief of Police (d ate) Peter Elwell, Town Manager (date) Allen S. Wyett, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Edward W. Bieluch, Sheriff (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: (date) Thomas E. Lynch, Chairman (date) James P. Kelly, Chief of School Police (date) Arthur C. Johnson, Ph.D., Superintendent (date) CITY OF PALM BEACH GARDENS: (date) Eric Jablin, Mayor (date) Stephen J. Stepp, Chief of Police (date) Ron Ferris, City Manager (date) (date) TOWN OF PALM BEACH SHORES: Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date) Cynthia Lindskoog, Town Manager (date) (date) 10 VILLAGE OF PALM SPRINGS: John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) CITY OF RIVIERA BEACH: Michael D. Brown, Mayor (date) William Wilkins, City Manager (date) VILLAGE OF ROYAL PALM BEACH: David Lodwick, Mayor (date) David Farber, Village Manager CITY OF SOUTH BAY: (date) Clarence E. Anthony, Mayor (date) Tony Smith, City Manager (date) TOWN OF SOUTH PALM BEACH: Beverly Savin, Mayor (date) Charles O. Dobbins, Jr., Town Manager (date) (date) Clarence D. Williams, III, Chief of Police (date) (date) Edward Stepnowski, Chief of Police (date) (date) Michael Morris, Acting Chief (date) (date) Roger M. Crane, Chief of Police (date) (date) 11 VILLAGE OF TEQUEST A: Pat Watkins, Mayor (date) Stephen J. Allison, Chief of Police (date) Michael Couzzo, Jr., Village Manager (date) CITY OF WEST PALM BEACH: (date) Lois Frankel, Mayor (date) Delsa R. Bush, Chief of Police (date) Ed Mitchell, City Manager (date) (date) 12 Atlantis Police Department Belle Glade Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department Mangonia Park Police Department North Palm Beach Police Department Ocean Ridge Police Department Pahokee Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department Royal Palm Beach Police Department South Bay Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department Attachment I City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager Lula Butler, Community Improvement Director rh \ 1. .vIV Kendra W. Graham, Community Development Administrator ~ v~ THRU: FROM: DATE: December 9, 2004 SUBJECT: 2004-2005 Community Development Block Grant Subrecipient Funding Agreements: Community Child Care Center, Fair Housing Center of the Greater Palm Beaches, Inc., Palm Beach County Resource Center, Inc., Prosperi Company, Inc., The Center for Technology, Enterprise and Development and the Urban League of Palm Beach County ITEM BEFORE THE COMMISSION This is to request approval to execute the agreements for the funding of the above listed subrecipients under the 2004-2005 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 3, 2004, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2004-2005. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient orgamzations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION Staff recommends approval and execution of the attached six (6) agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2004- 2005. fA ~\\ FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRA Y BEACH and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH. INC. THIS AGREEMENT is entered into between the CITY OF DELRA Y BEACH, a Florida municipal corporation. hereinafter referred to as "CITY," and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal 1 expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Seventy-five Thousand Dollars and 00/100 ($75.000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments in the amount of $6,250.00). Bills shall be submitted by the CONTRACTOR at least two weeks in advance 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels of family income; b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pavments/Aareement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDSG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the COBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State, County and CITY Laws and Reaulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMS A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riahts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorina: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audIt period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvina Prohibition The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which Implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was Improved, the records shall describe the programmatic purpose 7 for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's senal number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or In part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for In OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneaotiation or Modification" Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authonzed representative, will issue a determination within 30 calendar 8 days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Community Child Care Center of Delray Beach, Inc. under this Agreement will be providing day care, after-school care and related services to eligible children. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). CDBG funds will be used to fund a portion of the salaries of two full-time administrator positions (Senior Business Operations Manager and Assistant DirectorlToddler Center) Both positions position will be provided at the Child Care Center's main facility located at 555 N.W. 4th Avenue. The major tasks which the Community Child Care Center will perform in connection with the provision of the eligible day care and after-school services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4 years, pre-kindergarten - 4 to 5 years and after-school/out-of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51 %) of the beneficiaries of subsidized day care must be low and moderate-income persons (as determined annually by HUD for the area). c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-school/out-of- school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Community Child Care Center's staff providing the on-site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Child Care Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDSG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Advertising ...¡ Bad debts ...¡ Bonding ...¡ Communication ...¡ Compensation, personnel services ...¡ Contingency provisions ...¡ Contributions (to others) ...¡ Depreciation, use allowance ...¡ Donations (from others) ...¡ Employee morale, health, welfare ...¡ Entertainment ...¡ Equipment ...¡** Fines, penalties ...¡ Fringe benefits ...¡ Fund raising, interest, investment management ...¡ Idle facility, idle capacity ...¡ Insurance & indemnification ...¡ Interest Labor relations ...¡ Lobbying ...¡ Losses on other awards ...¡ Maintenance, repair ...¡ Materials, supplies ...¡ Memberships, subscriptions, professional activity ...¡ Organization costs ...¡** Overtime, shift premiums ...¡** Page charges in professional journals (research) ...¡ Participant support costs ...¡** Patent costs ...¡ Pension plans ...¡ Plant security ...¡ Pre-award costs ...¡** Professional services ...¡ Profits, losses on asset disposition ...¡* Public information service ...¡*** Publication and printing costs ...¡*** Rearrangement, facility alteration ...¡** Reconversion costs ...¡ Recruiting ...¡ Relocation ...¡* Rental ...¡ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Royalties, use of patents, copyrights ..¡ Severance pay ..¡ Specialized service facilities ..¡ Taxes ..¡ Termination-related costs ..¡ Training, education ..¡ Transportation ..¡ Travel ..¡* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury LiabiJity and Property Damage Liability. THE CITY OF DELRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mall in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following' does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRA Y BEACH and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1 . Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 1 b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Three Thousand Dollars and 00/100 ($3.000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse $600.00 per seminar/session. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit for each seminar/session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session/seminar conducted (the CD Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice (using Attachment "D" of this Agreement); d. Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pavments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State. County and CITY Laws and ReQulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMS A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvina Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purposed 7 for which the improvements were made and identify the CDSG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneqotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar 8 days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 9 ATTACHMENT" A" SCOPE OF SERVICES The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of five (5) Housing Industry Provider I Community Education Sessions for residents of Delray Beach, including school-age children and community organizations, upon the following terms and conditions: a. All five (5) seminars and sessions will be accomplished during the effective date of the contract period (October 1,2004 through September 30,2005). b. Each seminar or session will be conducted following notification of the CD Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminar/session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to CD Division prior to seminar/session). d. Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $600.00 per seminar/session, with the total maximum reimbursement not exceeding $3,000 (for the five seminars/sessions ). e. All seminars/sessions will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: 1. Community Education Sessions for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of three (3) sessions shall be conducted during the period beginning October 1, 2004 and ending September 30, 2005. One (1) of the sessions will focus on the education of children about housing discrimination. 2. Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of two (2) seminars shall be conducted during the period beginning October 1, 2004 and ending September 30, 2005. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Advertising ..J Bad debts ..¡ Bonding ..¡ Communication ..¡ Compensation, personnel services ..¡ Contingency provisions ..¡ Contributions (to others) ..¡ Depreciation, use allowance ..¡ Donations (from others) ..¡ Employee morale, health, welfare ..¡ Entertainment ..¡ Equipment ..J** Fines, penalties ..¡ Fringe benefits ..¡ Fund raising, interest, investment management ..¡ Idle facility, idle capacity ..J Insurance & indemnification ..¡ Interest Labor relations ..¡ Lobbying ..¡ Losses on other awards ..¡ Maintenance, repair ..¡ Materials, supplies ..¡ Memberships, subscriptions, professional activity ..¡ Organization costs ..¡** Overtime, shift premiums ..¡** Page charges in professional journals (research) ..¡ Participant support costs "¡** Patent costs ..¡ Pension plans ..¡ Plant security ..¡ Pre-award costs ..¡** Professional services ..¡ Profits, losses on asset disposition ...J* Public information service "¡*** Publication and printing costs ..¡*** Rearrangement, facility alteration ..¡** Reconversion costs ..¡ Recruiting ..¡ Relocation ...J* Rental ..¡ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. A IT ACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights -V Severance pay -V Specialized service facilities -V Taxes ...¡ Termination-related costs ..¡ Training, education -V Transportation -V Travel -v* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and PALM BEACH COUNTY RESOURCE CENTER. INC. THIS AGREEMENT is entered into between the CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PALM BEACH COUNTY RESOURCE CENTER, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1002001 Broadway, Suite 301 C, Riviera Beach, Florida 33404. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDSG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. 1 c. "Non expendable Personal Property" means tangible (Le., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Dollars and 00/100 ($15.000.00). If the maximum authorized compensation set forth in this Agreement has not been expended prior to September 30, 2005, and if all other terms and requirements of this Agreement have been fulfilled, the Agreement may be extended until the maximum amount authorized has been attained. 3.2 The CITY will be billed by the CONTRACTOR on a monthly basis. Invoices must be received by the 5th of each month for payment to be made in the month in which invoice is submitted. 3.3 Prior to receipt of CDBG funds, CONTRACTOR shall submit the following documentation no later than the fifth of each month covered by this Agreement, in a format prescribed by the CITY: a. Client Activity Summary Sheet b. CONTRACTOR shall maintain on file information regarding gross income, race, household size, female head of households and zip codes for each beneficiary served. c. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulatIons of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports. e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR mày, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the terminatIon of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDSG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are In addition to the approved costs of this agreement. provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDSG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMS A-21, OMS A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 93 Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled 'as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvina Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement. grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference. shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided In an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was aèquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 for which the improvements were made and identify the CDSG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a descnption of the property, location, model number, manufacturer's serial number, date of acquIsition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in Its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar 8 days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, Its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: PALM BEACH CENTER, INC. COUNTY RESOURCE Print By: Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by , who is personally known to m.e. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Palm Beach County Resource Center, Inc. under this Agreement shall be to provide management and technical assistance services to referrals from the City of DeJray Beach. Referrals will be eligible business owners or prospective business owners whose businesses are located, or will be located, within the established COBG Target Area of the City of Oelray Beach. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUO for the area). Palm Beach County Resource Center, Inc.'s services shall include, but not be limited to, technical assistance in the following areas: 1. Business Planning - under this service area, clients will be assisted in the preparation of a business plan for the existing or proposed business. For some clients, the Resource Center's role may take the form of a mentor - in the instances where the client has the ability and the desire to compile his/her own business plan. The Resource Center will also assist in simple incorporations and in the compilation of joint-venture agreements. 2. Loan/Bonding Packages - pursuant to thorough and prudent determination of a prospective client's viability as an applicant for one or a combination of commercial financial products, the Resource Center will compile a package and submit it to an appropriate financial institution for review. The Resource Center will serve as liaison between the client and the financial institution throughout the entire process. 3. Matching Firms with Opportunities - The Resource Center will utilize all of its resources and inventory to match qualified Delray Beach referrals with specific viable businesses, market and/or capital opportunities. This type of activity will be predicated upon a thorough investigation of the Delray Beach referral's capacity and skill set(5). 4. Procurement Assistance - the Resource Center will provide assistance in compiling M/WBE and 8(a) Certification Packages, Estimating & Construction Take-offs, Bid Preparation, the issuance of "notices-to-owner", weekly access to a listing of region-wide bid opportunities for most disciplines. Financial Pkgs. Approved Procurement Approved Total # of Clients Assisted # of New Clients Assisted # of FTE's created $145,000 $285,000 15 6 1 ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ! ITEM OF COST ¡ OMS A-122 I (NONPROFITS) I Unallowable Allowable Advertising ....¡ Bad debts ....¡ Bonding I ....¡ i Communication I ....¡ Compensation, personnel services i i ....¡ Contingency provisions ....¡ I Contnbutions (to others) ....¡ i Depreciation, use allowance ....¡ Donations (from others) I ....¡ Employee morale, health, welfare I ....¡ Entertainment ....¡ i i Equipment ...J** Fines, penalties ....¡ I Fringe benefits ....¡ Fund raising, interest, investment management ....¡ Idle facility, idle capacity ....¡ Insurance & indemnification ....¡ Interest Labor relations ....¡ Lobbying ....¡ Losses on other awards ....¡ Maintenance, repair ....¡ Materials, supplies ....¡ Memberships, subscriptions, professional activity ....¡ Organization costs ...J** Overtime, shift premiums ...J** Page charges in professional journals (research) ! ....¡ Participant support costs I I ...J** Patent costs ....¡ Pension plans ....¡ Plant security ....¡ Pre-award costs ...J** Professional services ....¡ Profits. losses on asset disposition ì ...J* Public information service ""*** Publication and printing costs I I ....¡*** I Rearrangement, facility alteration ...J** Reconversion costs ....¡ Recruiting ....¡ Relocation ....¡* Rental ! ...J * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents. copyrights I ...¡ Severance pay ...¡ Specialized service facilities I ...¡ Taxes I ...¡ I I Termination-related costs " Training, education I ...¡ Transportation ...¡ Travel ...¡* I * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mallin the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRA Y BEACH and PROSPERI COMPANY THIS AGREEMENT is entered into between the CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PROSPERI COMPANY, INC. hereinafter referred to as "the CONTRACTOR," having its mailing address as 1300 Wallace Drive, Delray Beach, FL 33444. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the De/ray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Non expendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed In place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which A VDA will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty-five Thousand dollars ($25.000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse one lump sum payment to be made no later than December 30, 2004. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Status reports shall be submitted by the CONTRACTOR per the following schedule, in a format prescribed by the CITY: a. An annual report is due on October 10, 2005, in a format prescribed by the CITY, showing condition and use of said equipment. b. Written verification of job creation, satisfactory to the CITY at the CITY's sole discretion. Verification shall include job title, salary, fringe benefits, full-time equivalency status, name and address of person hired, proof said person is low- and moderate-income, and dates of employment. Said written verification shall be provided to the CITY at the completion of the activity funded under this Agreement and annually thereafter for a period of three (3) years commencing with the completion of the activity 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDSG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit annual reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are In addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570 504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDSG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State, County and CITY Laws and Reaulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMS A-122, OMS A-.21, OMS A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9 2 Opportunities for Residents and Civil Riohts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the proJect. 9.3 Evaluation and Monitorino: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvinq Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. A VOA will not subcontract with any subcontractor where A VDA has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUO's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance eVidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with COBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a COBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-COBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with COBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquIsition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR's, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the COBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that wi II be met. 7 All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of A VDA and shall incfude a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property Inventory number, Information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneqotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day 8 period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: PROSPERI COMPANY By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by I who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES PROPSERI COMPANY agrees to: 1. PURCHASE OF EQUIPMENT: Purchase equipment and machinery needed to operate new facility, located at 1300 Wallace Drive, Delray Beach, FL 33444. The CITY shall file a lien on all equipment purchased with CITY funds. Such lien will be filed within one week of Prosperi Company, Inc. being reimbursed by the CITY for the equipment purchased. Note 1: Purchase of saíd equipment is subject to the CITY's Purchasing Ordinance. Under the Ordinance, the threshold dollar amount at which the formal competitive sealed bid process must be used is $15,000. Prosperi Company, Inc. shall submit its bid package and specifications to the CITY and obtain a letter of approval prior to bidding. For purchases from $6,000 to $14,999, the CONTRACTOR shall submit three written quotes to the CITY and for purchases from $1,000 to $5,999, Prosperi Company, Inc. shall submit three quotes, either verbal, electronic or written. Prosperi Company, Inc: further agrees that the CITY shall be the final arbiter on Prosperi Company Inc.'s compliance with the above. 2. INVENTORY AND MAINTENANCE: Simultaneously with the request for reimbursement to the CITY, the CONTRACTOR shall provide the CITY with a list of said equipment that includes a description of the equipment; serial number or other identification number, if applicable; source of the equipment; acquisition date; purchase price; and location of the equipment. Additionally, Prosperi Company, Inc. will make the equipment available annually for inspection by the CITY and must also provide annually to the CITY a report on the condition and use of said equipment. The CITY reserves the right to inspect said equipment on site. The Prosperi Company, Inc. shall maintain said equipment at Prosperi Company, Inc.'s own cost and expense, in good repair and condition. Prosperi Company, Inc. shall also keep the equipment insured for the replacement cost of the equipment against theft, loss, damage, and loss to persons or property. The provisions of this clause shall survive the expiration of this Agreement. 3. DISPOSITION: Disposition of the equipment is subject to prior written approval of the CITY's Community Improvement Director or designee. If for any reason the said equipment is not maintained, used for its intended purpose, or kept in a state of good condition, Prosperi Company, Inc. shall repay the full value of this grant, unless otherwise specified by the CITY. The CITY or its designee reserves the right to make the determination relating to the Prosperi Company, Inc. use and maintenance of the equipment. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising i ...¡ : Bad debts ...¡ I Bonding ..¡ Communication ..¡ Compensation, personnel services ..¡ Contingency provisions ...¡ i Contributions (to others) ...¡ ! Depreciation, use allowance i ..¡ Donations (from others) ...¡ Employee morale, health, welfare ..¡ Entertainment ...¡ Equipment ! ...¡** Fines, penalties ...¡ Fringe benefits ..¡ Fund raising, interest, investment management ..¡ Idle facility, idle capacity ...¡ Insurance & indemnification ..¡ Interest Labor relations ..¡ I I Lobbying ...¡ Losses on other awards ...¡ Maintenance, repair ..¡ Materials, supplies ..¡ Memberships, subscriptions, professional activity ..¡ Organization costs I ..¡** Overtime, shift premiums ..¡** Page charges in professional journals (research) ..¡ ParticIpant support costs ..¡** Patent costs i ..¡ Pension plans I ..¡ Plant security I ! ..¡ Pre-award costs ..¡** Professional services ..¡ I Profits, losses on asset disposition ..¡* Public informatIon service ..¡*** Publication and printing costs I i .v*** ; Rearrangement, facility alteration i I ..¡** I i Reconversion costs ..¡ I Recruiting ..¡ Relocation ..¡* Rental ...¡ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) I Unallowable Allowable Royalties, use of patents, copyrights ..J Severance pay ; ..J Specialized service facilities ; ..J Taxes I ..J Termination-related costs ..J Training, education ..J Transportation ..J Travel ..J* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. · . , ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or Indirectly from the performance of this Agreement. The Minimum limits of Coverage shall be ($1,000,000) per occurrence, Combined Single limit for bodily Injury liability and Property Damage liability. THE CITY OF DElRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that A VDA does not own any vehicles, we will accept hired and non-owned coverage in the amounts listed above. In addition, we will require an affidavit signed AVDA indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. PROPSERI COMPANY Signature: FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRA Y BEACH and THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT INC. THIS AGREEMENT is entered into between the CITY OF DEL RAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 33 SE 1st Avenue, Delray Beach, Florida 33444. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal 1 expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.8 Business Incubation Program Definitions: a. "New Job Creation" means a new employee hired by an existing or newly created enterprise with an active Incubation Service Agreement that has its business located at the Incubation Center or elsewhere; or, an enterprise that graduated from the Business Incubation Program within the last twenty-four (24) months. b. "Existing Job" is a job that was created by an enterprise before entering into a Business Incubation Program Agreement with the Business Incubator. c. "Part Time Job" is a job of less than thirty-five (35) hours per week or less than 1,820 hours per year. d. "Full Time Job" is a job of more than thirty-five (35) hours per week or more than 1,820 hours per year. e. "Full-Time Equivalent (FTE) Job" equals one (1) job totaling 2,080 hours annually or two (2) or more job positions that together total 2,080 hours per year. f. "New Business Creation" is a business that was not incorporated or that was listed as "inactive" by the State of Florida's Division of Corporations for more than one (1) year and that was created/incorporated under the guidance of the Incubation Center to create the right business conditions to start operating. g. "Business Assistance" means the provision of incubation program services to individuals / entrepreneurs, affiliate companies and tenant companies, either by in- house resources or through the Business Incubator network or service providers. h. "Active Agreement" is an incubator agreement between a client and the CONTRACTOR that has not expired. i. "Start-Up Busin~ss" is a business that has been in operation for less than one (1) year. j. "Existing Business" is a business that has been in operation for more than one (1) year. k. "Affiliate Company or Protegee" is a business that has signed an incubator agreement to participate in the incubation program and that is not renting incubator space. The term protégée is used exclusively by the CONTRACTOR. businessmeans land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article" of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." 2 ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Dollars and 00/100 ($15,000.00). If the maximum authorized compensation set forth in this Agreement has not been expended prior to September 30, 2005, and if all other terms and requirements of this Agreement have been fulfilled, the Agreement may be extended until the maximum amount authorized has been attained. 3.2 The CITY will be billed by the CONTRACTOR on a monthly basis. Invoices must be received by the 5th of each month for payment to be made in the month in which invoice is submitted. 3.3 Prior to receipt of CDSG funds, CONTRACTOR shall submit the following documentation no later than the fifth of each month covered by this Agreement, in a format prescribed by the CITY: a. Client Activity Summary Sheet b. CONTRACTOR shall maintain on file information regarding gross income, race, household size, female head of households and zip codes for each beneficiary served. c. Quarterly reports due 15 days after the end of each quarter, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. d. For "jobs created and filled" by LMI persons, the exact job titles, as well as the full- time equivalency (FTE) of the jobs, and the name, address, and income status of the person who took the job. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pavments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDSG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, 3 d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. 4 ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State. County and CITY Laws and Requlations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMS A-122, OMS A-21, OMS A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set 5 by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Reauirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 9.6 LobbvinQ Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 6 9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments 8 due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneqotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. 9 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC. Print By: Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_. by . who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 10 ATTACHMENT "A" SCOPE OF SERVICES The major focus of The Center for Technology, Enterprise, and Development, Inc. under this Agreement shall be to provide management and technical assistance to eligible business owners or prospective business owners whose businesses are located, or will be located, within the established CDBG Target Area of the City of Delray Beach. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). Management and technical assistance shall include, but not be limited to: 1. Entrepreneurial Education Workshops - under this service a minimum of six (6) new start-up businesses will be enrolled in the Business Basics Workshop. A minimum of three (3) new start-up businesses will complete all requirements necessary to "graduate" from the program. 2. Business Incubator/Acccelerator - under this service a minimum of one (1) new start- up business will receive full use of the business incubator/accelerator program; including, but not limited to below market rent for work-site facilities, office services, access to equipment, business training and development and technical assistance for a minimum of six (6) months. 3. Matching Firms with Opportunities - The TED Center will create a network of business support resources and services to small and start-up businesses, including assistance in accessing financing sources. Performance Indicators Goal # of Start-up Businesses Enrolled in the Business Basics Workshop 6 # of Start-up Businesses Graduating from Business Basics Workshop 3 # of Start-up Businesses receiving services through Business Incubator/Accelerator 1 Total # of Start-up and Existing Businesses Assisted 10 # of FTE's created/retained 1 ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMS A-122 (NONPROFITS) Unallowable Allowable Advertising ...¡ Bad debts ...¡ Bonding ...¡ Communication ...¡ Compensation, personnel services ...¡ Contingency provisions ...¡ Contributions (to others) ...¡ Depreciation, use allowance ...¡ Donations (from others) ...¡ Employee morale, health, welfare ...¡ Entertainment ...¡ Equipment ...¡** Fines, penalties ...¡ Fringe benefits ...¡ Fund raising, interest, investment management ...¡ Idle facility, idle capacity ...¡ Insurance & indemnification ...¡ Interest Labor relations ...¡ Lobbying ...¡ Losses on other awards . .. Maintenance, repair ...¡ Materials, supplies ...¡ Memberships, subscriptions, professional activity ...¡ Organization costs ...¡** Overtime, shift premiums ...¡** Page charges in professional journals (research) ...¡ Participant support costs ...¡** Patent costs ...¡ Pension plans ...¡ Plant security ...¡ Pre-award costs ...¡** Professional services ...¡ Profits, losses on asset disposition I ...¡* Public information service ...¡*** Publication and printing costs ! ...¡*** Rearrangement, facility alteration i ...¡** i Reconversion costs i ...¡ Recruiting i ...¡ Relocation ...¡* Rental ...¡ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT lOB" ITEM OF COST OMS A-122 (NON PROFITS) Unallowable Allowable Royalties, use of patents, copyrights ..¡ Severance pay ..¡ Specialized service facilities ..¡ Taxes ..¡ Termination-related costs ..¡ Training, education ..¡ Transportation ..¡ Travel ..¡* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. . The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRA Y BEACH and URBAN LEAGUE OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (Le., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal 1 expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Dollars and 00/100 ($15.000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments in the amount of $1,250. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly timesheets reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly); b. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pavments/Aareement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. 2 If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. 3 ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State. County and CITY Laws and Reaulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riahts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, 4 comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Reauirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvina Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 5 officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions. the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. 6 f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this 7 Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 ReneQotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. 8 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: URBAN LEAGUE OF PALM BEACH COUNTY. INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_. by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Clerk Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be to administer a Comprehensive Housing Counseling Program for eligible residents of Delray Beach. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). The program is designed to enable clients to make informed and reasonable decisions in achieving their housing goals or to assist in resolving their housing problem by using all available resources. In support of these efforts, CDBG funds will be used to offset costs associated with one part-time service delivery position (Delray Beach Satellite Office Coordinator). Supported services under this Agreement include the following: a. Mortgage application assistance b. Pre-mortgage counseling c. Default mortgage counseling d. Money management e. Emergency intervention (including food, energy & shelter assistance) f. Housing discrimination referrals g. Section 8 Housing application guidance h. Reverse mortgage counseling ATTACHMENT uB" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Advertising ...¡ Bad debts ...¡ Bonding ...¡ Communication ...¡ Compensation, personnel services ...¡ Contingency provisions ...¡ Contributions (to others) ...¡ Depreciation, use allowance ...¡ Donations (from others) ...¡ Employee morale, health, welfare ...¡ Entertainment ...¡ Equipment ...¡** Fines, penalties ...¡ Fringe benefits ...¡ Fund raising, interest, investment management ...¡ Idle facility, idle capacity ...¡ Insurance & indemnification ...¡ Interest Labor relations ...¡ Lobbying ...¡ Losses on other awards ...¡ Maintenance, repair ...¡ Materials, supplies ...¡ Memberships, subscriptions, professional activity ...¡ Organization costs ...¡** Overtime, shift premiums ...¡** Page charges in professional journals (research) ...¡ Participant support costs ...¡** Patent costs ...¡ Pension plans ...¡ Plant security ...¡ Pre-award costs ...¡** Professional services ...¡ Profits, losses on asset disposition ...¡* Public information service ...¡*** Publication and printing costs ...J*** Rearrangement, facility alteration ...¡** Reconversion costs ...¡ Recruiting ...¡ Relocation ...¡* Rental ...¡ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Royalties, use of patents, copyrights ..J Severance pay ..J Specialized service facilities ..J Taxes ..J Termination-related costs ..J Training, education ..J Transportation ..J Travel ..J* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. · . ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: AGENDA REQUEST )š\\ Request to be placed on: Date: December 9,2004 _ Regular Agenda _ Special Agenda _ Workshop Agenda xxxx Consent Agenda When: December 14, 2004 Description of item: Request to approve and execute subrecipient agreements with the Community Child Care Center ($75,000). Fair Housinf?; Center of the Greater Palm Beaches, Inc. ($3,000), Palm Beach County Resource Center, Inc. ($15,000), Prosperi Company, Inc. ($25,000), The Center for Technology, Enterprise and Development, Inc. ($15,000) and the Urban League of Palm Beach County ($15.000). Funding was allocated under the approved Fiscal Year 2004-2005 CDBG Annual Action Plan. Funding will be made available from the CDBG budget. Total funding is S148.000. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends a Department Head Signature: eements for fundin City Attorney ReviewlRecommendation (if applicable): ~dget Direc...t2r Review (required on all items involving expenditure of funds): fyfl)'W.. r;J~ ':Llt%f Funding Available: YES/NO Funding Alternatives: Account No. & Desct;ion: ~~ fJ . Account Balance: . ;; B;. /) (if applicable) , 1;;¡¿:b /,4- s 7J:.I/~ I'" p) 6 / /) fI.t..u 9 ~ ...¡ ~ City Manager Review: Approved for Agenda: ~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action : Approved/Disapproved CITY COMMISSION DOCUMENTATION: ~ ~HI DE, TY MANAGER THRU: P~~ DORLlNG, I ECTOR OF PLANNING & ZONING FROM: ~T ~ROÑS6N, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF NOVEMBER 14, 2004 - REGULAR AGENDA REVIEW A REQUEST FROM FITZY'S PLACE FOR THE PURCHASE OF ONE (1) IN-LIEU PARKING SPACE TO: BACKGROUND AND ANALYSIS: ~ Fitzy's Place, located at 101 SE 4th Avenue, has submitted a Class III site plan modification for the conversion of 2,000 square feet of retail space to restaurant. The site, formerly known as Appliance King, has an approved site plan containing five (5) parking spaces. Although meeting the parking requirements in 1972, the conversion will require additional spaces. Land Development Regulations (LOR) Section 4.4.13(G)(1 )(d) requires that parking be provided by calculating the difference between four and one-half (4~ ) spaces per 1,000 sq. ft. and six (6) spaces per 1,000 sq. ft.. This conversion requires the provision of three (3) additional parking spaces. Reconfiguration of the existing five (5) space parking area in the rear of the building will allow for the provision of two (2) new parking spaces for a total of seven (7) spaces. USE REQUIREMENT TOTAL SQ. FT. FORMULA TOTAL Retail 4.5 per 1,000 sq. ft. 2,000 2,000/1,000 x 4 5 9 Restaurant 6 per 1,000 sq. ft 2,000 2,000 /1,000 x 6 12 Total new spaces reQUired 3 LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. Consequently, the applicant is requesting to purchase one (1) in-lieu space at a cost of $12,000 which will be paid upon issuance of a building permit. Additionally, LOR Section 4.6.9(E)(3)(e) states where adequate right-of-way exists adjacent to a proposed project for which an in-lieu fee has been approved the applicant must construct on-street parking. The reconfiguration of the existing parking lot to take access off the alley will allow for the construction of on-street parking where the current driveway exists on SE 1 st Street. The applicant is proposing to construct two (2) new spaces for use by the general public. Consequently, the applicant will seek reimbursement for the cost of construction of the on-street parking spaces. REVIEW BY OTHERS: The Parking Management Advisory Board, at their meeting of November 16, 2004 unanimously recommended approval of the applicant's request. The Community Redevelopment Agency and the Downtown Development Authority reviewed this request at their respective meetings of December 9th and 13th. The results of those reviews will be provided at the meeting RECOMMENDED ACTION: I Move approval of the request from Fitzy's Place for the purchase of one (1) in-lieu space by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LOR. qA ~ HUMAN RESOURCES MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager J Y- Harry J. Hamilton, Human Resources Director ~~ December 6, 2004 NCF&O LABOR AGREEMENT The ratification vote for NCF&O is scheduled for Friday, December 10, 2004 and we will most likely not have an answer on the ratification until approximately 4:30 p.m. that day. Because of the time restraint, we are requesting to place the labor agreement on the City Commission Agenda for December 14, 2004, pending ratification. I have attached a copy of the proposed labor agreement for your review and approval. The agreement duration is for a three year period, October 1, 2004 through September 30, 2007, and provides major changes in the following areas: · Pension Plan Contributions to the General Employees Pension Plan was reduce to 2.5%, effective November 13, 2004 · Wages Provides for a 3% salary range adjustment to each pay grade for fiscal years 2004/05, 2005/06 and 2006/07 · Bereavement Leave Provides two additional leave days to attend funerals out of State · Sick and Vacation Pay-Out Accruals Allows employees who retire under the City's General Employees Pension Plan to select to use their entire value of their sick leave bank to purchase health care at retirement 98 Mr. David T. Harden December 6, 2004 Page 2 A separate Memorandum of Understanding provides for reallocation of 23 pay grades with a minimum of 2% increase in the base rate of pay, effective October 2, 2004; an increase in the voluntary stand-by pay to $.65, effective October 2, 2004; and a one-time salary adjustment of 2.25% effective the first full payroll period after October 1, 2006. It is anticipated that this agreement stabilizes the relationship for a three-year period, as well as, assists in the budgeting process for the next three fiscal years. Cc: Chevelle Nubin, City Clerk Susan Ruby, City Attorney (w/o attachments) COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND NATIONAL CONFERENCE OF FIREMEN & OILERS, AFL-CIO, SEID, LOCAL 1227 October 1, 2004 - September 30, 2007 2004-2007 DELRAY BEACH/NCF&O ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TABLE OF CONTENTS PAGE PREAMBLE 1 RECOGNITION 2 DUES CHECK OFF 4 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/ DISCONTINUATION OF UNION DUES 5 UNION REPRESENTATION 6 UNION BUSINESS 8 BULLETIN BOARDS 10 DISCRIMINATION 11 SOLICITATION OF OR BY EMPLOYEES 12 CITY'S MANAGEMENT RIGHTS 14 HOURS OF WORK AND OVERTIME 19 WORKING OUT OF CLASSIFICATION 22 WAGES 23 HEALTH INSURANCE 28 PENSION PLAN MATTERS 30 HOLIDAYS 32 VACATION 34 SICK LEAVE 37 LEAVES OF ABSENCE WITH PAY 41 LEAVES OF ABSENCE WITHOUT PAY 43 BEREAVEMENT LEAVE 45 2004-2007 DELRAY BEACH/NCF&O MISCELLANEOUS CONSIDERATIONS 46 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 APPENDIX A COMPLIANCE WITH NON-DISCRIMINATION POLICIES 48 NEPOTISM 49 SAFETY AND HEALTH 51 PROBATIONARY PERIOD - NEW & PROMOTED EMPLOYEES 52 SENIORITY 54 PROMOTIONAL PROCEDURE 56 PHYSICAL FITNESS 57 OUTSIDE EMPLOYMENT 59 RESIGNATION 61 NO STRIKE 62 DISCIPLINE 65 GRIEVANCE PROCEDURES 71 COMPREHENSIVE DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES 79 DAMAGE TO CITY PROPERTY 97 ABSENCE WITHOUT LEAVE 98 AMENDMENTS 99 SEVERABILITY AND WAIVER 100 EMERGENCY PAY POLICY 101 SICK AND VACATION PAY-OUT ACCRUALS 103 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 104 DURATION, MODIFICATION, AND TERMINATION 105 EXECUTION OF AGREEMENT 106 CITY OF DELRAY BEACH NCF&O JOB TITLES 108 2004-2007 DELRAY BEACH/NCF&O PREAMBLE This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereafter referred to as IICity, II and the National Conference of Firemen & Oilers, SEIU, Local 1227, hereinafter referred to as the IIUnion, II for the purpose of promoting harmonious relations between the City and the Bargaining Unit represented by the Union, hereafter referred to as II members II or II employees , II to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 2004-2007 DELRAY BEACH/NCF&O ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach Conference of Firemen & Oilers, SEIU, Local 1227, National AFL-CIO, recognizes that the hereinafter referred to as the IIUnionll, as the Certified Bargaining Agent of the employees in the Bargaining Unit for the purpose of representing the members of the Bargaining Unit as set forth herein for all matters relating to wages, hours and terms and conditions of employment, as provided for by order of the City of Delray Beach Public Employee Relations Commission in its Order dated July 15, 1985, directed to the City Manager of the City of Delray Beach and the Union. Section 2 The Bargaining Unit represented by the Union is comprised of full-time and regular part-time employees in those classifications specified in the July 15, 1985 certification order of the City of Delray Beach Public Employee Relations Commission, as amended. The City will notify the Union in writing of all changes in job classifications in the Bargaining Unit. 2004-2007 DELRAY BEACH/NCF&O 2 Specifically Excluded from this Agreement: All other City employees not specifically included in the Bargaining Unit as certified by the City of Delray Beach Public Employee Relations Commission, including confidential employees, managerial employees, professional employees, and supervisory employees who possess a conflict of interest; temporary, casual, seasonal employees, and employees of any other Bargaining Unit. 2004-2007 DELRAY BEACH/NCF&O 3 ARTICLE 2 DUES CHECK OFF Employees of the Bargaining Unit or their representatives may make arrangements with the City for a payroll deduction of Union dues and uniform assessments. Upon receiving a proper request from the employee, the City will deduct such dues and uniform assessments from the subj ect employee's compensation and remit the amount deducted to the Union. The Union agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the Union. The Union further agrees to refund to the City any amounts paid to the Union in error upon presentation of proper evidence thereof. 2004-2007 DELRAY BEACH/NCF&O 4 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my Employer to deduct from my salary each pay period my Union dues, as certified to the Employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that this authorization is voluntary and I may revoke it at any time by giving my Employer and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed Employee No. Dept. Div./Activity/Payroll No. Bargaining Unit Deduction start date Deduction stop date 2004-2007 DELRAY BEACH/NCF&O Annual amount of dues (broken down by pay period) 5 Article 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. The Union agrees to notify the City of the names of such authorized representatives as of the execution of this Agreement and replacement therefore during the term of this Agreement. Section 2 The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative (s) in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. Section 3 The Union shall designate, in writing to the Director of Human Resources, five (5) general representatives and one (1) chief representative, in addition to its attorney whose right it shall be to represent the employees in the Bargaining Unit, for the purpose 2004-2007 DELRAY BEACH/NCF&O 6 of collective negotiation and the administration of grievances arising thereunder for the duration of this Agreement. Notice by the City to the chief representative or his/her designee in his/her absence shall be notice to all representatives, c/o the Union business address. An employee shall, upon request, be entitled to have a representative present whenever the employee is questioned concerning misconduct, which may result in disciplinary action. If the employee requests a Union representative, management will make a good faith effort to contact a Union representative; provided, if a Union representative is not available within a reasonable time, the employee may be required to answer questions. The employees shall retain the option of proceeding individually or being represented by a person of their own choosing, in which case the Union may not interfere with this right in any manner; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 32 of this Agreement. 2004-2007 DELRAY BEACH/NCF&O 7 ARTICLE 4 UNION BUSINESS Section 1 The Union, as representative of the employees in the bargaining unit covered by this Agreement, shall have the right to present its views to management on matters of concern either orally or in writing. Section 2 Officials for the Union, as designated in Article 3 Section 3, may, with proper authorization, which will not be unreasonably withheld, be admitted on City property, in areas reasonably designated by the City. Officials for the Union shall be able to talk with employees before or after regular working hours or during lunch of said employees on the City's property in designated areas that are reasonable by the Employer. Section 3 Stewards shall be allowed reasonable time-off without loss of pay during their regular shift hours for investigating grievances; however, each will first obtain oral permission from his/her immediate supervisor or in his/her absence, the next level of supervision. Permission will not be unreasonably withheld by the supervisor. 2004-2007 DELRAY BEACH/NCF&O 8 Section 4 Union Time Pool: A NCF&O Bargaining Unit Time Pool shall be established. All such time pooling shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not for the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate not less than one (1) hour of annual leave, but not more than five (5) hours to the Union Time Pool. Only authorized Union officials may withdraw time from the Time Pool to remain in a paid status while on approved leave in order to attend union conferences, training sessions, or other related union business. All requests for the use of the Bargaining Unit Time Pool shall be submitted by the union's chief representative or his/her designate to the Department Head or his authorized designate at least five (5) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than five (5) days notice. 2004-2007 DELRAY BEACH/NCF&O 9 ARTICLE 5 BULLETIN BOARDS The City shall provide the Union space on six (6) serviceable, bulletin boards in the City, at locations to be approved in advance by the City Manager or his/her designee for use by the Union in posting notices of Union business and activities. All materials posted must be signed by an officer of the Union, who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Department Head or his/her designee in advance of such posting. The bulletins, notices or materials posted shall contain nothing of a political nature (excluding political material relating to Union elections) and nothing of a derogatory nature toward the City, its elected officials, its officers or employees, as determined by the City. 2004-2007 DELRAY BEACH/NCF&O 10 ARTICLE 6 DISCRIMINATION All Bargaining Unit employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce the public employees in the exercise of any rights guaranteed them under Florida Statute 447 and Chapter 35 Subsections 35.030 - 35.055 of the Delray Beach Code of Ordinances or the provisions of this Agreement. 2004-2007 DELRAY BEACH/NCF&O II ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, chari table or Union purposes and selling of tickets, magazines and other merchandise, is prohibited. Section 2 Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as of f ices, warehouses, school s , police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. 2004-2007 DELRAY BEACH/NCF&O 12 C. Solicit for commercial, charitable, or Union purposes and sell tickets, magazines or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 2004-2007 DELRAY BEACH/NCF&O 13 ARTICLE 8 CITY'S MANAGEMENT RIGHTS Section 1 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it advisable to do any or all of the following: A. To manage and administer the affairs of the City generally. E. F. To decide the purpose of each of its constituent agencies. To set standards of service to be offered to the public. To exercise control and discretion over its organization and operation. To direct its employees. To take disciplinary action and discharge employees for proper cause as to both non- probationary and probationary promoted employees, and to take disciplinary action and discharge with or without cause as to new probationary employees. B. C. D. 2004-2007 DELRAY BEACH/NCF&O 14 H. 1. To relieve its employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he/she was promoted with or without cause. In the event a promoted probationary employee is removed without cause he/she shall be returned to the position from which he/she was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee for proper cause pursuant to subsection F, above), and to likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his/her former position. To relieve other probationary employees from duty for any reason, with or without cause. To determine and redetermine work schedules. G. To maintain order and efficiency in its J. operations. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees four (4 ) weeks notice in advance of any changes in such starting and 2004-2007 DELRAY BEACH/NCF&O 15 o. quitting times, except that no such advance notice shall be required in cases of emergency as determined by the City. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees four (4) weeks notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City, as long as there is no violation of Article 9 Section 2. To require employees to submit to a medical examination by a physician designated by the City. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. To set the standards and procedures for application, testing, selection procedures and appointment to all positions in the City. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. K. L. M. N. 2004-2007 DELRAY BEACH/NCF&O 16 P. To determine employees' skills, knowledge and abilities to perform their duties through job- related testing and other reasonable evaluation methods. Q. To hire, assign, direct, layoff or recall w. employees. To determine the size and composition of its work force. To determine the number and types of equipment, materials, products and supplies to be used. To institute and establish new training methods. To determine the types of work to be performed by employees. To open new facilities and transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. To discontinue conduct of its mission or operations in whole or in part. R. S. T. U. v. Section 2 In addition to the Management Rights enumerated in Section 1 the City of Delray Beach shall have all other rights and prerogatives which in the past it has lawfully exercised or could have lawfully exercised unilaterally subject only to express 2004-2007 DELRAY BEACH/NCF&O 17 restrictions on such rights, if any, as are provided in this Agreement. 2004-2007 DELRAY BEACH/NCF&O 18 ARTICLE 9 HOURS OF WORK AND OVERTIME Section 1 The normal working hours per one-week work cycle for regular full-time employees shall be forty (40) hours, which shall exclude meal periods. The hours of work scheduled per day shall be as required and set by the Department Head and approved by the City Manager. Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. No such deviation shall be considered a violation of this Contract. However, the City shall not adjust an employee's work shift to avoid the payment of overtime. Section 3 For all employees the scheduled workday shall be broken down into fifteen (15) minute segments. An employee shall be noted as late for work if he/she does not report ready for work at his/her workstation at his/her starting time. If an employee reports for work late, eight (8) minutes or more after the 2004-2007 DELRAY BEACH/NCF&O 19 scheduled time, he/she shall be docked in major segments of one- quarter (1/4) of an hour. Section 4 The City agrees to pay overtime at the rate of time-and-a- half based on a (7) day (forty-hour) work cycle. In the computation of such overtime compensation, employees shall receive credi ted hours for vacation days and holidays, which may occur within the pay cycle/work cycle. If regular full time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at the overtime rate, if applicable. Section 5 Credit towards overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond the forty (40) hours per 7-day work cycle. Once that eight (8) or more minutes has been worked, he/she shall accrue overtime credit for that fifteen (15) minute segment and subsequently for any additional fifteen (15) minute segments, computed in a like manner. Section 6 Employees may request compensatory time in lieu of overtime pay. An employee shall accrue compensatory time at a rate of one and one-half times his regularly hourly rate of pay. Employees may only accrue unused compensatory time up to a maximum of 40 hours. 2004-2007 DELRAY BEACH/NCF&O 20 If an employee accrues the maximum permissible compensatory time, the employee shall be paid for all overtime hours in excess of the maximum at the rate of one and one-half times the employee's current straight time rate of pay. Compensatory time shall be taken upon written request approved by the employee's Department Head. Payment for accrued compensatory time upon termination of employment shall be calculated at the straight time rate of pay on the date of payment, and paid at time and one-half. Section 7 If an employee is called-out to work outside his/her normal working hours, he/she shall receive a minimum of two (2) hours' credit, payable at his/her overtime rate, if applicable. Section 8 The City agrees to make records of overtime available to appropriate Union officials. Section 9 The City will continue to use the existing program for the assignment of overtime based upon a seniority rotation system by position classification and specialty. Section 10 The current practice of work breaks shall be continued for the duration of the agreement. 2004-2007 DELRAY BEACH/NCF&O 21 ARTICLE 10 WORKING OUT OF CLASSIFICATION An employee who is temporarily and continuously assigned in writing to perform the duties of a higher classification for more than ten (10) working days, will be compensated for the time spent in the higher classification from the 1st day in the higher classification once the employee works ten (10) consecutive working days in the higher classification at a rate which is five percent (5%) above his/her regular base salary. Employees who work less then ten (10) consecutive working days in a higher classification shall not receive five percent (5%) above his/her base salary. Notwithstanding the above an employee shall not be precluded from receiving the 5% increase if management requires the employee to temporarily and continuously perform for 10 working days or more duties of a higher classification, but fails to make the assignment in writing. Assignments shall not be unreasonably applied to in order to avoid payment. 2004-2007 DELRAY BEACH/NCF&O 22 ARTICLE 11 WAGES Section 1 Effective, upon the adoption of this Agreement by the Delray Beach City Commission the following salary schedules shall apply for the duration of this Agreement: 04/05 05/06 06/07 Grade Minimum Maximum Minimum Maximum Minimum Maximum B01 21,137 30,683 21,771 31,603 22,424 32,551 B02 22,186 32,203 22,852 33,169 23,538 34,164 B03 23,349 33,752 24,050 34,765 24,772 35,808 B04 24,512 35,469 25,247 36,533 26,004 37,629 B05 25,729 37,240 26,501 38,357 27,296 39,508 B06 26,947 39,120 27,755 40,294 28,588 41,503 B07 28,360 41,083 29,211 42,315 30,087 43,584 B08 29,768 43,103 30,661 44,396 31,581 45,728 B09 31,262 45,344 32,200 46,704 33,166 48,105 B10 32,839 47,585 33,824 49,013 34,839 50,483 B11 34,472 49,966 35,506 51,465 36,571 53,009 B12 36,197 52,464 37,283 54,038 38,401 55,659 B13 36,900 53,483 38,007 55,087 39,147 56,740 2004-2007 DELRAY BEACH/NCF&O 23 All union job titles are referenced in Appendix A, with corresponding grade levels. Section 2 The salary schedule for fiscal year 2004-05 shall be effective as of October I, 2004. The salary schedule for fiscal years 2005-06 shall be effective on October I, 2005. The salary schedule for fiscal year 2006-07 shall be effective on October I, 2006. Section 3 A. Effective for fiscal years 2004-2005, 2005-2006 and 2006-2007, regular full time employees shall be eligible to receive an individual performance increase, in the range of 0% through 5%, inclusive. Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other City employees excepting: Said individual performance increases shall be granted pursuant to the Employee Performance Evaluation criteria and forms as determined by the City. B. In order to be considered for a lump sum bonus, an employee must have had an average or above average performance. Additionally, the employee shall 24 not have had any sustained 2004-2007 DELRAY BEACH/NCF&O discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid, and shall not have had any at fault accidents in excess of the current deductible currently observed by the City. C. The bonus paid to qualifying employees shall be paid for the fiscal years only covered by this agreement. Absent any future agreement of the parties, employees shall not be entitled to a lump sum bonus beyond September 30, 2007. Section 4 The City recognizes the need for and mutual benefit to the City and employee of automobile mechanic certification. The City agrees to pay expenses related to the certification testing but limited to training materials and testing fees as approved by the Department Head and the Human Resources Department. Any Fleet mechanic having received three (3 ) Automotive Service Council certifications during the term of this contract shall receive a bonus of five percent (5%) of gross pay per pay period. Upon the receipt of a total of six (6) Automotive Service Council certifications a mechanic shall receive a total bonus of ten percent (10%) of gross pay per pay period. Such bonuses shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. Any Fleet mechanic having received a total of ten (10) Automotive Service Council certifications shall receive a bonus of fifteen 2004-2007 DELRAY BEACH/NCF&O 25 percent (15%) in gross pay per pay period. Such bonus shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. In order to be eligible for these bonuses the employee (Fleet mechanic) must maintain such certifications current throughout the entire pay period in order to receive the bonus for that pay period. Section 5 The City reserves appropriate, during the with the Union. the right to reallocate positions where life of this agreement, in consultation Section 6 Effect of Promotion on Wages and Performance Evaluation Date A. When an employee is promoted into a higher classification, the employee's wages shall be increased to the minimum salary of the new classification or to five percent (5%) more than the employee earned prior to the promotion, whichever is higher. B. If an employee's wages are increased more than ten percent 10%) as a result of a promotion, the employee's performance evaluation date will be changed to the date of the promotion. 2004-2007 DELRAY BEACH/NCF&O 26 C. Notwithstanding the language of paragraph (a), above, Plant Operators will continue to receive a ten percent (10%) increase when they are promoted based on obtaining a higher rated state license. 2004-2007 D8LRAY BEACH/NCF&O 27 ARTICLE 12 HEALTH INSURANCE Section 1 The City agrees to pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium for all employees under the new coverage. Section 2 All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. 2004-2007 DELRAY BEACH/NCF&O 28 Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. Section 5 The parties understand and agree that the rate schedule quoted above is effective to 3/01/2001 and further adjustments to the rate schedule shall be negotiated between the City and the union. 2004-2007 DELRAY BEACH/NCF&O 29 ARTICLE 13 PENSION PLAN MATTERS Section 1 The City shall continue to provide the employees represented by this agreement the current general employee's Pension Plan. Section 2 The Union and the employees agree that the City may during this Contract period adopt amendments to Chapter 35 of the Code of Ordinances in order to add provisions specifying that the General Employee I s Pension Board may utilize the services of an outside agency or disabilities business claims, (experienced in or other related insurance claims review, areas) to provide solely to the requests advisory opinions to the Board of Trustees with regard granting or not granting of any disability retirement pending or submitted during the term of this Agreement. Section 3 The Ci ty agrees, as soon as practicable after the ratification of this Agreement, and in accordance with 26 United States Code 414 and any Internal Revenue Service approval required thereby, to implement a "pick-up" plan whereby employee pension contributions shall be paid to the City pension fund from the employee's pre-tax earnings. 2004-2007 DELRAY BEACH/NCF&O 30 Section 4 Effective November 13, 2004 employees shall contribute 2.5% of their gross pay to fund the City's defined benefit pension plan. If an actuary selected by the Pension Board determines that additional monies are required to properly fund the plan, employees shall contribute at the same rate as all other non-represented employees who are members of the defined benefit pension plan. However, in no event shall employees contribute less than 2.5% nor more than 4.5% of their gross pay, unless the Union and the City bargain for a lesser or greater percentage. 2004-2007 DELRAY BEACH/NCF&O 31 ARTICLE 14 HOLIDAYS Section 1 The following days shall be holidays for all regular, full- time employees: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day One Personal Holiday (selected by employee with approval) Labor Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Employees shall also receive any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, and can be used for any other holiday other than the ones designated above, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Department Head, or the City Manager. Section 2 A. Non-shift personnel All regular, full-time, non- shift personnel on the above days shall be off duty wi th pay subj ect, however, to being called in for work on such days if required by their supervisor, Department Head and/or City Manager. B. Shift personnel Shift personnel shall work their normal shift whether on a holiday or not. 2004-2007 DELRAY BEACH/NCF&O 32 Section 3 For non-shift personnel, when legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed. Section 4 Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. Section 5 For non-shift personnel, in the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the aforementioned days fall on Sunday, the following Monday shall be considered a holiday. Section 6 For non-shift personnel, in the event that one of the holidays named in Section 1 occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. 2004-2007 DELRAY BEACH/NCF&O 33 ARTICLE 15 VACATION Section 1 Regular, full-time Bargaining Unit members shall receive annual vacations, which may be accumulated from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 A. Annual vacation time shall be granted according to the following schedule: Years of continuous service Over, But Less than Vacation hours earned 0 years 3 years 3 years 7 years 7 years 11 years 11 years 8.00 per month 9.33 per month 10.66 per month 12.00 per month B. A member of the Bargaining Unit shall not be eligible to take any vacation time in the first year of continuous service. An employee shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Employees may utilize vacation time as 34 2004-2007 DELRAY BEACH/NCF&O earned after the first year of continuous service, plus any accumulation permitted under Section 6. Section 3 Continuous service shall be considered any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in the line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. Section 4 When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed. Section 5 An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service. 2004-2007 DELRAY BEACH/NCF&O 35 B. He/She gives at least two weeks I written notice of his intent to resign and the written notice or copy of same is filed with the City Manager I s office at least two weeks prior to the effective date. Section 6 Vacation time is subject to the following requirements: That each bargaining unit member must actually take time off from work in a year equal to one-half of their actual eligible vacation time for that year, and the member can then accumulate the remaining unused time for that year. The maximum accumulation will not exceed two hundred eighty-eight hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subj ect to the approval of the Department Head and City Manager. 2004-2007 DELRAY BEACH/NCF&O 36 ARTICLE 16 SICK LEAVE Section 1 The Union recognizes that sick leave is not which an employee may use at his discretion and allowed only for the following: a privilege it shall be 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an employee's immediate household (wife, husband, child, or parent) where care by the employee is required. 3. Medical, dental, vision appointments. Section 2 All regular, full-time employees may be given sick leave with pay at the rate of one (1) working day for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six (6) months of service, but shall not be granted until completion of six (6) months of continuous service. 2004-2007 DELRAY BEACH/NCF&O 37 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 3. If an employee works less than half the normal workdays during a month for reasons other than paid leave, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one hundred forty (140) days or 1,120 hours. The employee may bank all unused sick leave each year until the one hundred forty (140) days maximum is reached. Section 3 Upon resignation in good standing, employees who provide the City with a two (2) weeks written notice, shall be paid at their then regular hourly rate for the portion of their accrued sick leave as stated below, not to exceed the maximum payment of five hundred sixty (560) hours. When it is determined to be in 2004-2007 DELRAY BEACH/NCF&O 38 the best interests of the City, the City Manager may waive the requirement for two weeks notice. YEARS OF SERVICE 0-5 5 - 10 10 - 15 15 - 20 20 or more % OF ACCRUED PAID SICK LEAVE -0- 25% of up to 560 hours 50% of up to 560 hours 75% of up to 560 hours 100% of up to 560 hours Employees who retire from the City, after twenty (20) or more years of service and are vested under the City of Delray Beach General Employees Retirement Plan or a deferred compensation retirement system, shall receive pay at their then regular hourly rate for their total amount of accrued sick leave not to exceed the maximum allowed accrual of 1,120 hours. Sick leave accrued shall be forfeited if the employee is discharged or is not in good standing at the time of termination. Section 4 Members reporting in sick or unable to report for duty must do so no later than thirty (30) minutes after the starting time for which they are scheduled, except in cases of emergency as determined by the Department Head. Members are to contact their immediate supervisor or the supervisor1s designee, otherwise they shall be considered as absent without leave. Messages are not to 2004-2007 DELRAY BEACH/NCF&O 39 be left with the front office personnel or with associates. The Department Head or his designee may investigate such absences to determine their validity. When absence is for three or more working days, the Department Head may require the employee to (and when the absence is for more than five (5) working days, the employee shall) provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Section 5 - Sick Leave Donation The current City policy in the Administrative Policies and Procedures Manual PER-2, Revision 5, dated June 19, 1995, shall be maintained for the duration of this Agreement. Section 6 - Family and Medical Leave Act Policy The current City policy in the Administrative Policies and Procedures Manual, EB-16, dated February 6, 2001 shall be maintained for the duration of this Agreement. Section 7 In case of death of an employee, leave pursuant to Section 3 shall be payment for unused sick made to the employee's beneficiary, estate, or as otherwise provided by law. 2004-2007 DELRAY BEACH/NCF&O 40 ARTICLE 17 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Department Head and the City Manager for the following: A. If an employee receives a subpoena as a trial witness or to give a deposition regarding matters which arose in the scope and course of City employment, the employee should notify the City Attorney for further direction. The employee will be granted leave with pay. Any witness fees (and mileage received, if travel was by City vehicle) will be endorsed to the City and deposited into the City General Fund. If an employee is summoned for jury service or receives a subpoena as a trial witness or to give a deposition in a matter which is not job related, the employee will be granted leave with pay. Any fees received will be retained by the employee. B. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. C. Such other matters, as the City Manager may deem appropriate. 2004-2007 DELRAY BEACH/NCF&O 41 D. Employees, who are members of the organized reserves of any branch of the armed forces of the Uni ted States as required by law. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Department Head to use such leave in order to conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standards Act. 2004-2007 DELRAY BEACH/NCF&O 42 ARTICLE 18 LEAVES OF ABSENCE WITHOUT PAY Section 1 Leave without pay, not to exceed one year, may be granted by the City Manager to any employee who has entered upon a course of training or study for the purposes of improving the quality of his service to the City or fitting himself for promotion. Section 2 Upon written request of an employee, the City Manager may grant a leave of absence without pay for personal or medical reasons, when it will not result in undue prejudice to the interests of the City, as determined solely by the City Manager. Section 3 Any month in which an employee, while on leave of absence without pay, works less than half of the normal work days will not be considered for the purpose of computing sick leave, vacation, or other fringe benefits based on continuous service. Employees who are on leave of absence without pay on the day preceding and the day following a holiday shall not be compensated for the holiday. 2004-2007 DELRAY BEACH/NCF&O 43 Section 4 While on leave of absence without pay (except under the Family and Medical Leave Act), the monthly insurance premium for the employee's medical/life insurance must be paid by the employee after any month in which he does not work at least half of the normal work days, on the first day of the following month. Section 5 Leave without pay for military service (military leave) will be granted in accordance with applicable statutes and City Policies. 2004-2007 DELRAY BEACH/NCF&O 44 ARTICLE 19 BEREAVEMENT LEAVE Section 1 The City agrees that when a death occurs in the family of a regular, full-time employee (family being herein defined as follows: father, mother, brother, sister, spouse, child, father- in-law, mother-in-law, son-in-law, and/or daughter-in-law, brother- in-law, sister- in-law, grandparents or foster parents, foster child, grandchild, stepmother, stepfather or stepchild; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee may be allowed three (3) working days bereavement leave with pay for in state (Florida) deaths and five (5) working days bereavement leave with pay for out of state deaths. Section 2 The City agrees that the above-stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted, by Department Head and City Manager, shall be charged to one of the foregoing categories. Section 3 The employee may be required by the Department Head to furnish evidence of the facts justifying the use of bereavement leave. 2004-2007 DELRAY BEACH/NCF&O 45 ARTICLE 20 MISCELLANEOUS CONSIDERATIONS Section 1 Workers' Compensation benefits will continue to be provided in accordance with applicable laws and City policies. Section 2 Employees who are off regular business hours of personnel files. duty shall the City, have the right, during to examine their own Section 3 On a yearly basis, the City will furnish to the union, upon written request, an updated City seniority list. Section 4 Nothing in this Agreement shall be deemed to limit the rights of any employee to consult on any matter not grievable with any supervisory or managerial official via the appropriate chain of command provided such consultations shall in no way interrupt, delay or otherwise interfere with effective, proper and superior service to the City and the community. In this regard, the employee may be represented by a person of his choice provided, however, if such person is a union representative, such 2004-2007 DELRAY BEACH/NCF&O 46 representation shall be in accordance with the provisions of Article 2 hereof. Section 5 The City will provide forty-five (45) copies of this Agreement to the Union. Section 6 The City hereby agrees to pay the costs of City maintenance service for uniforms for Union employees, when such uniforms are deemed appropriate by the City and are approved and supplied by the City, all in accordance with current City practices. 2004-2007 DBLRAY BEACH/NCF&O 47 ARTICLE 21 COMPLIANCE WITH NON-DISCRIMINATION POLICIES The Union does hereby recognize and acknowledge that the City, in accordance with the 1983 amendments to the Federal Revenue Sharing Program, is not permitted to nor does it discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, its programs or activities. Furthermore, the City of Delray Beach during the course of this contract may take whatever steps are necessary in order to comply with the non-discrimination requirements contained in Section 51.55 of the Federal Revenue Sharing Regulations and make the same applicable to or have an effect upon members of the Bargaining Unit. 2004-2007 DELRAY BEACH/NCF&O 48 ARTICLE 22 NEPOTISM No individual shall hereafter be hired or placed as a regular full-time City employee or as a temporary part-time City employee in the same Department or division of a Department with another person who is a relative of that individual without the express prior approval of the City Manager. No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted or advanced in or to a position in any Department if the related City official or employee is, or would be, the person's supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, 2004-2007 DELRAY BEACH/NCF&O 49 brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father- in-law, mother- in-law, brother- in- law, sister-in-law, stepfather, stepdaughter, stepbrother, stepsister, sister. stepmother, stepson, half brother, or half 2004-2007 DELRAY BEACH/NCF&O 50 ARTICLE 23 SAFETY AND HEALTH Section 1 The City will endeavor to provide and maintain safe working conditions. Section 2 The City will provide such safety apparel and equipment, as it deems appropriate for the performance of an employee's assigned duties. The City will provide and replace safety shoes as necessary. Section 3 Employees are required to bring potentially hazardous working conditions to the attention of their immediate supervisors as soon as they become aware of the conditions. Section 4 The City encourages employees and the Union to make recommendations regarding improvements in workplace safety to appropriate City officials. Section 5 The Union President shall select one (1) Bargaining Unit employee to serve on the Accident Review Board. 2004-2007 DELRAY BEACH/NCF&O 51 ARTICLE 24 PROBATIONARY PERIOD -- NEW EMPLOYEES The probationary period for all new employees covered by this Agreement shall be one (1) year. The Department Head, at his/her sole discretion may extend the probationary period for a period not to exceed 60-calendar days, provided prior notice and reasons therefore are provided to the Union. New probationary employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension or other discipline. PROBATIONARY PERIOD -- PROMOTED EMPLOYEES There shall be a probationary period of one year for each employee in the Bargaining Unit who is promoted (with a pay increase consistent with the pattern of pay increases applicable to general employees who are in a probationary promoted status) to a higher classification within the Bargaining Unit. This probationary period shall commence from the employee I s initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his/her designee shall have the right to remove the probationary employee from the position to which he/she was promoted with or without cause. Any 2004-2007 DELRAY 8EACH/NCF&O 52 probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure, unless the removal is stated, by the City, to be for disciplinary reasons. A probationary promoted employee who is removed from the position to which he/she was promoted, shall return to the position from which he/she was promoted (however, this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for proper cause). Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this event, none of the employees moved back to their former positions will have a right to appeal said action under the provisions and restrictions of this Agreement. 2004-2007 DELRAY BEACH/NCF&O 53 ARTICLE 25 SENIORITY Section 1 The City agrees that City seniority shall consist of continuous accumulation of paid service with the City. It shall be computed from the date of employment with the City. Seniority shall accumulate during all paid leaves of absence and during all unpaid approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Classification seniority shall mean the length of time the employee has spent in his/her current classification. Section 2 In the event of layoff for any reason, the employees shall be laid off in the inverse order of City seniority in their classification only. Employees who are affected by a layoff shall, with approval of the Department Head and City Manager, have the opportunity to bump within the Department if same are qualified for the proposed position. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all 2004-2007 DELRAY BEACH/NCF&O 54 employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this Article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail to the last address listed with the Department as his/her home address or by giving a laid off employee personal notice to return to work. If the affected employee has not responded to recall within ten (10) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or the affected employee has not responded to personal notice recall within ten (10) work days, then that employee shall be considered to have refused recall and shall have no further recall rights. 2004-2007 DELRAY BEACH/NCF&O 55 ARTICLE 26 PROMOTIONAL PROCEDURE The City will announce promotional examinations in advance. Whenever a vacancy in the Bargaining Unit is to be filled, job announcements for that vacancy will be advertised internally and, as the City deems appropriate, externally. All job announcements shall be posted on bulletin boards in the City for at least five (5) working days. Applicants from the City desiring to fill such a vacancy shall apply in writing by filling out a City job application. All promotional vacancies shall be filled in accordance with criteria established by the City's Human Resources Department. Applicants from within the City making application that meet all the criteria will be given an interview; those who do not meet all the criteria will be so informed. Seniority shall be one of the considerations in offering the position. The employees or the Union may offer suggestions to the City as to changes in the criteria to be used for filling promotional vacancies. 2004-2007 DELRAY BEACH/NCF&O 56 ARTICLE 27 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating the implementation of a permanent physical fitness program for Bargaining Unit employees. Should the City elect to implement such a program, the Union shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once agreed upon by the parties, or determined through the impasse procedure, all employees of the Bargaining Unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this physical fitness program (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, employees who fail to meet the standard of the program shall not be subject to disciplinary action, although the results of their participation shall be kept by the City for statistical purposes. The Union agrees that during the contract period the City may initiate annual physicals including drug and alcohol screening for all employees of the Bargaining Unit, the details of which shall be negotiated prior to implementation, and that such annual physicals for employees age 40 and over shall be more 2004-2007 DELRAY BEACH/NCF&O 57 comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the calendar quarter in which the employee's anniversary date occurs. All costs for any such annual physicals shall be borne by the City. 2004-2007 DELRAY BEACH/NCF&O 58 ARTICLE 28 OUTSIDE EMPLOYMENT Section 1 No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by Human Resources. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be for a maximum period of twelve (12) months, renewable annually on January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services or materials. 2004-2007 DELRAY BEACH/NCF&O 59 Section 3 No member of the Bargaining Unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Department Head and the Human Resources Director, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 2004-2007 DELRAY BEACH/NCF&O 60 ARTICLE 29 RESIGNATION Section 1 Any employee who wishes to resign in good standing shall give the Department Head a written notice of his or her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Department Head. Notice of resignation shall be immediately forwarded to Human Resources together with said employee's termination forms. Section 2 If any employee resigns without giving the required notice, this fact shall be entered into the employee's personnel records, and the failure to give such required notice of resignation may be considered sufficient reason for rejection of any future application of said employee to reenter City service. However, a "good standing" notation into the personnel records of an employee may be made if it is determined by the City that there were extenuating circumstances to the employee's failure to give the required two (2) weeks' notice. 2004-2007 DELRAY BEACH/NCF&O 61 ARTICLE 30 NO STRIKE Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the Bargaining Unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the Bargaining Unit from the full and faithful performance of their duties of employment with the City of Delray Beach, or participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, the concerted failure to report for work after the expiration of a collective bargaining agreement, and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities. Section 2 No member of the Bargaining Unit may participate in a strike. Any violation of this provision shall subject the member of the Bargaining Unit or the Union or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. 2004-2007 DELRAY BEACH/NCF&O 62 Section 3 That in the event of a breach of the provisions of this Article, the City of Delray Beach shall be entitled to suspend or terminate the provisions of this contract and recover from the Union and any employee in the Bargaining Unit participating in the strike, jointly and severally, full compensatory damages, punitive damages, costs and attorney's fees incurred in any and all proceedings involving said strike. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in the strike. The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike. Section 5 In the event of a strike, the City shall transmit written notification to the chief agent or his designee, of the Union, and the Union shall take direct and immediate action to the fullest extent of its power and influence to bring about a cessation of such activity. Among other actions the Union will notify the employees of the Bargaining Unit and inform them that a strike is illegal under Florida Law, of the sanctions which may be imposed against the Union and participating employees for a 2004-2007 DELRAY BEACH/NCF&O 63 strike, and further instruct striking employees to immediately return to work. The Union agrees that the notification will be in writing and will be made in good faith effort to get the employees to return to work. Conduct by the Union in accord with the provisions of this section shall exonerate it from all penalties, financial or otherwise which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Contract to be null and void upon the occurrence of a strike. Section 6 Any action taken by the City under the provisions of this Article must be factually based. 2004-2007 DELRAY BEACH/NCF&O 64 ARTICLE 31 DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee for proper cause which he considers will promote the efficiency of the City's service. Further, the City Manager or his designee, may, at any time, discipline or dismiss any probationary new employee with or without cause. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion, suspension, or reprimand based on the City Manager's determination of the gravity of the offense; however, dismissal or other discipline may be imposed for causes other than those enumerated. An employee may be disciplined or dismissed if he/she: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. Has violated any of the provisions of the City B. ordinances related to personnel matters, or policies, or this Agreement, or has attempted to, or does 2004-2007 DELRAY BEACH/NCF&O 65 commit an act or acts intended to nullify any of the provisions thereof. C. Has violated any lawful or reasonable order, or failed to obey any reasonable or lawful direction by a superior. D. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs. E. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while off duty when it reflects unfavorably on the City or interferes with the operations of the City. F. Has been wantonly offensive in his conduct or language toward the public or any other City employee or official. G. Has been incompetent, negligent or inefficient to such an extent that his performance falls below the minimum prescribed standard. H. Is careless or negligent of the property of the City of Delray Beach, or steals, or loses because of negligence, property or City. or misuses any equipment, materials, other things of value belonging to the 2004-2007 DELRAY BEACH/NCF&O 66 I. Has used, or threatened to use, his position for personal gain or advantage, or attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase or change in character of work. J. Has taken any fee, gift or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation or individual when such fee, gift or other valuable consideration is accepted with the understanding that the donor shall receive favors and service therefore not customarily accorded the general public. Has falsified time records, other official City K. records or failed to report absences from duty to his superiors in accordance with prescribed procedure. L. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. M. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor or has repeatedly reported late for work. 2004-2007 DELRAY BEACH/NCF&O 67 N. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. O. Is antagonistic in his attitude toward his superiors or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination of the work effort in his department to the detriment of efficient public service. P. Who, upon the expiration of earned sick leave, fails to report to work or report his/her inability to work if such is the case. Q. Has been convicted of the unlawful possession, use, dispensing or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing or hallucinogenic drug, or conspiracy to do same, while either on or off duty. R. Has made a significant omission on his application for employment or has falsified it in any way. S. Has been found guilty by courts of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. 2004-2007 DELRAY BEACH/NCF&O 68 T. Has been found to have utilized anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 32. The City Manager shall furnish the nonprobationary employee and the promoted probationary employee whom he dismisses from the City service, with a written statement outlining in detail reasons for the removal and the date and time such removal becomes effective. Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place said employee on leave of absence with or without pay. During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all the criminal charges which had been instituted against the employee, and if no notice of potential disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. 2004-2007 DELRAY BEACH/NCF&O 69 Section 4 Any other provisions of this Agreement to the contrary not withstanding, oral or written reprimands may not be grieved beyond Step 4 of Section 2 of Article 32 of this Agreement. The employer shall not assign an employee duties outside of his/her current classification solely for the purpose of discipline. 2004-2007 DELRAY BEACH/NCF&O 70 ARTICLE 32 GRIEVANCE PROCEDURES Section 1 A. The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Collective Bargaining Agreement, as well as for the appeal of recommendations of disciplinary matters. In the case of such recommended discipline, the appeal process and the grievance process shall be simultaneously processed. Only non-probationary full- time and regular part-time employees in the Bargaining Unit are entitled to utilize the procedures of this Article. B. Performance evaluations may be grieved if the overall rating is "marginal" or "unsatisfactory" and the employee alleges that the overall rating is arbitrary or capricious. Any such grievance may be taken to Step 4 of this procedure, but not beyond. Other performance evaluations may not be grieved. 2004-2007 DELRAY BEACH/NCF&O 71 Section 2 Grievances shall be processed in accordance with the following procedures: Step 1 The aggrieved employee, or a Union representative on hi s or her behal f , shall submi t a grievance in writing and it shall be discussed with the aggrieved employee I s immediate supervisor2/ within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this Article, working days shall mean Monday through Friday, excluding City Holidays and weekends. A Union grievance representative may be present to represent the employee, if the employee desires him or her present. The supervisor shall attempt to adjust the matter and/or respond to the employee within five (5) working days. 2/ Provided, however, that if the immediate supervisor is a bargaining unit employee, the grievance shall be submitted and discussed with the next level supervisor who is not a member of the bargaining unit. 2004-2007 DELRAY BEACH/NCF&O 72 Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the Union representative, if the employee wishes his or her assistance, shall present the written grievance to the employee's Division Head or such other supervisory level employee as shall be designated in advance by the Department Head within five (5) working days from the time the supervisor I s response was due in Step 1. The Division Head or such other supervisory level employee as shall be designated in advance by the Department Head shall meet with the employee and the Union representative, if the employee wishes him or her present, wi thin three (3) working days. The Division Head or such other supervisory level employee as shall be designated in advance by the Department Head shall respond in writing within five (5) working days from the day of the meeting. Step 3 If the grievance has not been satisfactorily resolved in Step 2, the aggrieved employee and the Union representative, if the employee wishes his or her assistance, shall present the written grievance to the employee I S Department Head within five (5) working days 2004-2007 DELRAY BEACH/NCF&O 73 from the time the supervisor's response was due in Step 2. The Department Head, or his or her designee shall meet with the employee and the Union representative, if the employee wishes him or her present, within three (3) working days. The Department Head, or his or her designee, shall respond in writing within five (5) working days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 3 of this grievance procedure, within the time limits for the submission of a grievance in Step 2, and shall be signed by the aggrieved employees, and/or a Union representative on the employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. Step 4 If the grievance has not been satisfactorily resolved in Step 3, the employee, or the Union if the employee elects Union assistance, may present a written appeal to the City Manager within seven (7) working days from the time the response was due from the Department Head in Step 3. The City Manager, or his or her designee, shall meet with the employee (and the 2004-2007 DELRAY BEACH/NCF&O 74 Union representative, if the employee wishes him present), within five (5) working days. The City Manager or his designee shall respond in writing within seven (7) working days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Any grievance not answered by management in the time limits provided above shall be determined to be denied and may be advanced to the next higher step of the grievance procedure, subject to any restrictions set forth in this Agreement. Step 5 If a grievance, excluding any grievance involving a written or oral reprimand or an employee evaluation, has not been satisfactorily resolved within the grievance procedure, the Union may request arbitration in writing to the office of the City Manager no later than fifteen (15) working days after the City Manager's response is due in Step 4 of the grievance procedure. The parties to this Agreement then will mutually agree, or attempt to, on an independent arbitrator within fifteen (15) working days. The parties may also, by mutual agreement, select a panel of arbitrators to be used during the term of this Agreement. 2004-2007 DELRAY BEACH/NCF&O 75 If this cannot Section 3 A. be done, an arbitrator will be selected in accordance with the assistance selection procedures of and using the lists of five (5) supplied by the Federal Mediation and Conciliation Service in effect at the time of the signing of this Agreement i the sole function of that body being to assist arbitrator. selection of the in the The arbitration be under the shall conducted procedural rules of Federal Mediation and the Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subj ect to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the term and conditions of the Agreement. The arbitrator shall not substitute his/her judgment as to the wisdom or the degree of severity of any disciplinary action imposed on any employee by the City. The arbitration inquiry shall be limited to whether the City possessed evidence of misconduct before imposing discipline ultimately imposed. 2004-2007 DELRAY BEACH/NCF&O 76 B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not specifically covered by this Agreement. D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is present, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the 2004-2007 DELRAY BEACH/NCF&O 77 Union and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Agreement. G. Each party to arbitration shall bear the expense of its own witnesses and its own representatives. The arbitrator's fees and expenses shall be borne equally by the parties. 2004-2007 DELRAY BEACH/NCF&O 78 ARTICLE 33 COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURE The City recognizes that City Employees are not immune from the problems which face society in general. The problem of drug and alcohol abuse have become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I. Definitions For purposes of this policy, the following definitions apply: A. "Alcohol" means ethyl alcohol (ethanol.) References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. B. "Alcohol Abuse" means the use or being under the influence of alcohol or alcoholic beverages on the job by City Employees is strictly prohibited. C. "Drugs" are any controlled substance as defined in Section 893.03, Florida Statutes any prescription medication/drug, and over the counter medications/drugs. 2004-2007 DELRAY BEACH/NCF&O 79 D. "Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 893, Florida Statutes, when not possessed or taken in accordance with a lawful prescription, provided, however, drug abuse shall also include the misuse of prescription and over the counter medication/drugs which have an adverse affect on employee performance. E. "Initial Drug Test" means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimen, usually during a chemical procedure or a more accurate scientifically accepted method approved by The United States Food and Drug Administration or The Agency for Health Care Administration. F. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. G. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation method must be capable of providing requisite specificity and 2004-2007 DELRAY BEACH/NCF&O 80 quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all the drugs will be gas chromatography/mass spectrometry. H. "Medical Review Officer" or MRO means a licensed physician, contracted by the City, who is responsible for receiving and reviewing all confirmation results from a laboratory. The MRO is responsible for contacting all positively tested employees to inquire about possible causes for a positive test result. The MRO must have knowledge of substance abuse disorders, and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical information. The choice of a qualified MRO shall be determined by the City, providing that no conflict of interest exists with current medical/physical practices. The MRO selected by the City shall be a separate and independent entity from the authorized collection site and/or the laboratory. The City shall give thirty days notice for change of MRO selection except in cases of emergency as determined by the City Manager. The MRO shall maintain the qualifications as established in Chapter 59A-24.008 (I) 2004-2007 DELRAY BEACH/NCF&O 81 (a) (e), Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A- 24.006, Florida Administrative Code (R.1996.) I. "Laboratory" means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code (R. 1996) and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. The City shall give thirty days notice of a change of laboratory selection except in cases of emergency as determined by the City Manager. J. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19). K. "MRO Contact" The City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/or negative test results. The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this article, and to the extent provided by law. L. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using drugs or 2004-2007 DELRAY BEACH/NCF&O 82 alcohol in violation of the City policy determined from specific and articulable facts and reasonable inferences drawn from those facts. It is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited to, sensory facts (what a person saw, heard, smelled, tested or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Department Head or his/her designee. A copy of this documentation shall be given to the employee prior to testing. The written document shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. M. "Prohibited Actions" The following actions are prohibited and will subject an employee to disciplinary action up to and including termination. The use or being under the influence of, or possession of alcohol, on the job by City Employees is strictly prohibited. Drug abuse on the job by City Employees is strictly prohibited. The use of illegal drugs on or off duty by employees of the City is strictly prohibited. Employees are also subject to discipline or discharge when they engage in alcohol or 2004-2007 DELRAY BEACH/NCF&O 83 drug abuse and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a threat to the safety of the employer, his/her coworkers, or the public, or the off duty conduct is unbecoming to public employment. II. Testing 1. Authority to test - The City has the authority to require employees to submit to testing for purpose of implementing this policy against alcohol and drug abuse. 2. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. (a) Annual Physical Alcohol and drug testing are components of the annual scheduled medical physical. (b) Reasonable Suspicion The City may require an employee to submit to reasonable suspicion drug testing. The definition of "Reasonable Suspicion Drug Testing" as established in this Article will be the basis for determining whether reasonable suspicion exists to test an employee. (c) Post Accident Testing - If an employee is involved in an accident in which the employee was driving, and anyone of the following occurs: 2004-2007 DELRAY BEACH/NCF&O 84 An individual dies, and individual suffers a bodily injury and immediately receives medical treatment away from the accident scene, one or more vehicles incurs disabling damage as a result of the occurrence and is transported away from the scene by tow truck or other vehicle. Disabling damage does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts; tire disablement without further damage if no spare tire is available; or damage to headlights, taillights, turn signals, horns, or windshield wipers. (d) Follow Up Testing - An employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1) year following his/her return to City employment. During the one year evaluation period, the City may require the employee to take up to a maximum of four unannounced blood or urine tests for the presence of drugs or alcohol. If at any time during the evaluation period the employees blood or urine is found to contain the presence of alcohol or drugs, the employee shall be subject to disciplinary action, up to and including dismissal. 2004-2007 DELRAY BEACH/NCF&O 85 3. Refusal to Test - An employee that refuses to submit to alcohol and drug testing as established in this Article may be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES 1. Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access to authorized personnel only, privacy, and integrity and identity of specimen) shall be in accordance with Chapter 59A-24.005, Florida Administrative Code (R.1996). The attached Chain of Custody Form will be used for each employee tested. (A CHAIN OF CUSTODY FORM NEEDS TO BE PROVIDED.) 2. Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59 .A-24. 006, Florida Administrative Code. 3. Prior to any collection of specimen, the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test, including identification of currently or recently used prescription or non-prescription medication or other 2004-2007 DELRAY BEACH/NCF&O 86 relevant medical information. Such form shall provide notice of the most common medication by brand name or common name as appl icable , as well as chemical name, which may alter or affect a drug test. The information provided shall be reviewed by the medical review office (MRO) in interpreting any positive confirmed results. The attached Medical Information Form will be used for each employee tested. NEEDS TO BE PROVIDED.) 4. Drug Testing Laboratories shall be licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996) in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483, Part I, Florida Statutes. The City shall provide employees with the name, address and telephone number of the laboratory contracted by the City to perform drug testing. Drug Testing Laboratories policy and procedure including laboratory personnel, training of laboratory personnel, laboratory personnel files, and specimen security and analysis procedures shall be in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996). (THE MEDICAL INFORMATION FORM 2004-2007 DELRAY BEACH/NCF&O 87 5. Laboratory Assistance The approved laboratory shall provide technical assistance to the MRO and the employee for the purpose of interpreting any positive confirmed test results. 6. Initial Test - The initial screen for all drugs shall be in immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology. 7. Confirmation Test All specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MSO), except alcohol will be confirmed using gas chromatography. The City shall comply with confirmation drug testing parameters as established in chapter 59A- 24.006(4) (f) i Florida Administrative Code (R.1996) as may be amended from time to time for the controlled substances listed therein. The City shall comply with initial drug testing parameters as in Chapter 59A-24.006 (4) (e) i, Florida Administrative Code (R 1966), as may be amended from time to time for the controlled substances listed therein. IV. RELEASE OF RESULTS 1. The laboratory shall report test results to the MRO within reasonable time after receipt of the specimen by the laboratory. 2004-2007 DELRAY BEACH/NCF&O 88 2. The laboratory shall report as negative to the MRO all specimens, which are negative for controlled substances on the initial test or are negative for controlled substances on the confirmation test. The laboratory will not administer a confirmation test if the initial test is negative for controlled substances. Only specimens, which are confirmed as positive for controlled substances on the confirmation test, shall be reported to an MRO only for the specific drug involved. Provided however, in the case of reasonable suspicion testing, regardless of whether the initial or confirmation test reflects the presence of controlled substances in excess of the thresholds established in Chapter 59A-24.006, Florida Administrative Code, the laboratory shall report to the MRO the presence of any prescription medication/drug or the presence of over the counter medications/drugs in the initial or confirmation test. 3 . The MRO, the City's MRO contact, an/or the tested employee may request from laboratory shall provide, a the initial and confirmation the laboratory, and the detailed quantification of test results. The records are, to the extent permitted by law, to be considered medical records subject to Federal Law and the laws of the State of Florida. 2004-2007 DELRAY BEACH/NCF&O 89 4. The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the information. The laboratory and MRO must insure the security of the data transmission, storage, and retrieval system to only those authorized under Chapter 59A-24, Florida Administrative Code, to obtain such information. 5. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this policy. 6. The MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of the test result from the laboratory and determine if any alternate medical explanations caused a positive test result. 7. If the alternate medical explanation for a positive test result is accepted by the MRO, the test result will be reported to the designated representative as negative. 2004-2007 DELRAY BEACH/NCF&O 90 8. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact, Human Resources and to the employee. The test results shall be communicated only after the MRO has verified that the positive and/or negative test results were properly handled and analyzed. In the case of a posi ti ve test result, the MRO shall provide opportunity for the employee to discuss the positive test results and to submit documentation of any information relevant to the posi ti ve test results. In the case of reasonable suspicion testing, the MRO shall report to the City's MRO contact as a positive test result not only the presence of scheduled controlled substances in excess of the established thresholds, but the presence of prescription medication/drugs or over the counter medication/drugs when, in the judgment of the MRO, the quantity of such substances present would likely result in the behavior forming the basis for ordering the reasonable suspicion test. V. CHALLENGES TO TEST RESULTS 1. After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its final decision, which is subject to Article 32, Grievance Procedure of the agreement. 2004-2007 DELRAY BEACH/NCF&O 91 2. An employee/Union may challenge violations of the Drug Testing Policy through the grievance procedures contained within this agreement and the grievance process shall begin as soon as the City notifies the employee in writing of the City's' final decision regarding the tested employee. 3. When an employee challenges the results of testing, it shall be the employees responsibility to notify the laboratory in writing of such challenge. Upon such notification the laboratory shall be required to retain the sample indefinitely until the challenge is settled. Further, the laboratory shall retain all positive confirmed specimens for at least one (1) year from the date of initial testing. 4. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, the Union and/or the City by the collective bargaining process and the resulting collective bargaining agreement thereof. VI. EMPLOYEE PROTECTION AND REHABILITATION 1. All employees may, upon during request, have a Union representative present the testing procedure, delayed more than thirty provided the test will not minutes while waiting for such representation. 2004-2007 DELRAY BEACH/NCF&O 92 2. The City may place employees who are tested for fitness for duty, reasonable suspicion, post accident drug testing, or whose drug test results are confirmed positive as part of their annual physical examination in a non-safety sensitive position, or on administrative leave with pay until a final decision is made on the tested employee by the City. 3. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 4. Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of drugs or alcohol while on duty, shall be dismissed. 5. Any non-probationary employee who has tested positive through the confirmation testing process may be placed on a leave of absence without pay for a period of up to sixty (60) days. The employee may use accumulated leave during the leave of absence. The leave of absence is to give the employee an opportunity to rehabilitate him or herself from abusing alcohol and/or drug abuse. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by 2004-2007 DELRAY BEACH/NCF&O 93 the program administrator designated by the City, the employee shall be subject to the requirements below. The employee shall be returned to City employment in the same or similar position (same schedule as to shift or non- shift) to the one which the employee occupied before his or her leave of absence at the same rate of pay employee did not take such leave of absence. resuming employment with the City, the employee subj ect to a blood or urine test for the presence of alcohol and/or drugs. 6. After receipt by the City of a positive confirmed test result from the MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by the City and the employee. Provided however, an employee's request for a retest shall be processed only if the request is in writing and is received by the Ci ty no later than ten (10) days after the employee's receipt of the City's final decision. The requesting employee shall be required to pay for the costs of the retest, including handling and shipping expenses. Upon notice from the City that the employee has timely requested a retest, the MRO shall contact the original testing laboratory to initiate the retest. The laboratory performing the retest shall comply with the as if the Prior to shall be 2004-2007 DELRAY BEACH/NCF&O 94 drug testing parameters set forth in Section III above, and shall report the test results to the MRO within a reasonable time after receipt of the specimen from the original laboratory. If the retest results are negative, the City will accept the results and will reimburse the employee for the costs of the retest, including handling and shipping expense. 7. All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge, and/or reasonable suspicion drug testing or split sample testing, if the employee's test results are negative. 8. The City will not discharge, discipline, or discriminate against an employee upon the employee voluntarily seeking treatments which under the employment of the City, for an alcohol/drug related problem. VII. EDUCATION 1. The City must inform employees about any employee assistance programs that the City may have available. The City shall have a contact person who will be responsible for providing the names, addresses and telephone number of an employee assistance program available to employees. 2004-2007 DELRAY BEACH/NCF&O 95 2. The City must provide information for its employees to assist them in identifying personal and emotional problems which may result in the misuse of alcohol or drugs. 3. The City must provide training to all supervisors, which will enhance their knowledge and skills in interpreting and administering the provisions of this Article. VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT 1. The parties agree that all specific references in this policy to Chapter 59A-24, Florida Administrative Code (R .1996), as may be amended from time to time, have been collectively bargained and contractually agreed to by both parties to the extent that the above Administrative Code is applicable and not in conflict with other provisions of this policy or Federal or State Law. 2004-2007 DELRAY BEACH/NCF&O 96 ARTICLE 34 DAMAGE TO CITY PROPERTY A. Each employee shall exercise due caution in the care and handling of all tools and equipment which may come into his custody, or over which he may have a degree of control. Any employee who loses, misuses, or damages through his carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to an employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted) . 2004-2007 DELRAY BEACH/NCF&O 97 ARTICLE 35 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence (including a leave of absence due to a work-related injury) or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and the employee may be subject to disciplinary action, including suspension, demotion or dismissal. Section 2 Any employee who is absent from duty for three (3) consecutive days without notifying the immediate supervisor of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. For purposes of this Article, three (3) consecutive days shall mean three (3) work days of the employee. 2004-2007 DELRAY BEACH/NCF&O 98 ARTICLE 36 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 2004-2007 DELRAY BEACH/NCF&O 99 ARTICLE 37 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be unlawful and unenforceable, such decision of the Court shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of a final decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the Union except as to the notice provisions of Article 39, concerning duration, modification, and termination, shall not be deemed to waive any such right or the right to exercise them in the future. 2004-2007 DELRAY BEACH/NCF&O 100 ARTICLE 38 EMERGENCY PAY POLICY Section 1 Whenever the City Manger declares that an emergency condition exists, and the City Manager calls for preparedness actions to take place either before, during or after the emergency, the City Manager may suspend the provisions of this Agreement as long as the provisions regarding pay and benefits shall remain in effect. Section 2 The parties agree that all hours actually worked by bargaining uni t employees shall be recorded as regular hours and shall be paid to the employee at the employees' appropriate rate of pay as provided herein. Employees who are offered the option of not reporting to work shall be allowed to use vacation time to remain in pay status. If the employee has no accrued vacation, the City shall grant vacation leave in advance to be repaid to the City once the vacation time is accrued. Employees who are on approved vacation leave, leave with pay or sick leave during the emergency shall receive vacation, regular or sick leave pay as previously approved. Shift personnel who are scheduled off during the emergency shall receive no pay unless they are called in to work. 2004-2007 DELRAY BEACH/NCF&O 101 In this event I they shall receive their appropriate rate of pay for all hours worked during the emergency. Shift personnel who are scheduled on during the emergency shall receive their appropriate rate of pay for all hours worked during the emergency. Premium pay shall be paid at time and one-half when appropriate. 2004-2007 DELRAY BEACH/NCF&O 102 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following three (3) options: A. Provide a lump sum pay-out as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least three years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of amount available at date of designation of retirement. C. Providing all necessary IRS and local requirements can be satisfied, establish a VantageCare Retirement Health Savings Plan pay-out (subj ect to IRS and other legal requirements) which allows an employee to roll their accrual amounts at the time of retirement into such plan for payment of future medical expenses. The parties understand the effective date of this option shall be when all necessary IRS and other legal requirements are satisfied. Election must be made in the calendar year prior to retirement date. 2004-2007 DELRAY BEACH/NCF&O 103 ARTICLE 40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties negotiations which acknowledge resulted in and this agree that during the the Agreement, each had unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 2004-2007 DELRAY BEACH/NCF&O 104 ARTICLE 41 DURATION, MODIFICATION, AND TERMINATION Except as otherwise provided in Agreement shall be effective from October through September 30, 2007. If the parties have not executed a written agreement by the expiration date hereof, i.e., September 30, 2007, then the terms and conditions of this Contract shall nonetheless continue in this Agreement, this I, 2004, and continue effect, except as modified herein. Negotiations for a successor agreement shall commence not later than May 1, 2007. 2004-2007 DELRAY BEACH/NCF&O 105 ARTICLE 42 EXECUTION OF AGREEMENT In executing this Agreement, the President of the National Conference of Firemen & Oilers, AFL-CIO, Local 1227 represents that he/she has made the Bargaining Unit Employees aware of their responsibilities individually and collectively under this Agreement at a regularly scheduled meeting of the Organization and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this Agreement have been authorized by the membership to take such action. Dated this day of December, 2004. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, City Clerk David T. Harden, City Manager Approved as to form and legal sufficiency: Susan Ruby, City Attorney 2004-2007 DELRAY BEACH/NCF&O 106 Dated this day of December, 2004. National Conference of Firemen & Oilers, SEIU, AFL-CIO, Local 1227 ATTEST: By: Harry J. Hamilton By: 2004-2007 DELRAY BEACH/NCF&O Sharon Munley, President Kathleen Phillips, Chief Negotiator By: Bruce Roper, Union Steward 107 APPENDIX A CITY OF DELRAY BEACH NCF&O JOB TITLES TITLE Animal Control Officer Building Maintenance Worker Carpenter Crew Leader I Crew Leader II Crew Leader III Equipment Operator I Equipment Operator II Equipment Operator III Equipment Technician I Equipment Technician/Lawn Fleet Mechanic General Maintenance Worker Instrumentation Technician Instrumentation Technician, Senior Inventory Control Clerk 2004-2007 DELRAY BEACH/NCF&O 108 JOB NUMBER 296 344 322 291 293 723 306 307 724 537 628 611 601 684 662 741 BASE HOURS 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 GRADE LEVEL B09 BOS B09 BOS B08 B10 BOS B07 B09 B07 B08 B08 B02 B12 B13 B08 TITLE Irrigation Maintenance Supervisor Irrigation Maintenance Worker Journeyman Electrician Master Electrician Master Electrician Sr. Master Fleet Technician Mechanical-Electrical Technician Meter Maintenance Technician Motor/Pump Technician Neighborhood Improvement Worker Park Ranger Parking Meter Technician Parts Expediter Pipelayer Senior Fleet Technician Street Maintenance Worker II Street Maintenance Worker III Traffic Maintenance Worker Traffic Maintenance Worker Sr. 2004-2007 DELRAY BEACH/NCF&O 109 JOB NUMBER 584 603 340 373 554 675 700 718 756 667 323 192 743 722 674 362 363 604 608 BASE HOURS 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 GRADE LEVEL BI0 B03 Bll B12 B13 B12 Bll B06 B12 BOl B02 B04 B08 B05 Bll B03 B05 B03 B05 JOB BASE GRADE TITLE NUMBER HOURS LEVEL Treatment plant Operator "A" 618 80 B12 Treatment Plant Operator "A"-Reports/ 736 80 B13 Permits Specialist Treatment Plant Operator "A" -Trainer 630 80 B13 Treatment Plant Operator "B" 617 80 BI0 Treatment Plant Operator "B"-Reports/ 750 80 Bll Permits Specialist Treatment Plant Operator "C" 616 80 B08 Treatment Plant Operator Trainee 546 80 B04 Tree Trimmer 318 80 B04 TV Truck Specialist 734 80 B07 Utility Mechanic 612 80 B09 Utility Mechanic Sr. 613 80 Bll Utility Service Worker "A" 492 80 B07 Utility Service Worker "B" 319 80 B06 Utility Service Worker "C" 493 80 B05 Water Meter Reader 348 80 B04 2004-2007 DELRAY BEACH/NCF&O 110 Memorandum of Understandin!!: The City of Delray Beach, Florida and the National Conference of Firemen and Oilers, AFL- CIO, SEIU, Local 1227, agree as follows: Effective, October 1, 2004, the following provision will apply to the bargaining unit represented by the NCF&O: 1. The proposed salary adjustments by reallocation of respective pay grades, attached hereto, shall be implemented effective the first full payroll in fiscal year 2004/2005 dated October 2, 2004. 2. Employees affected as a result of the reallocations noted above, shall receive a minimum of 2% of current base rate of payor the value of the reallocation as proposed, which ever is greater. 3. Employees who voluntarily participate in the stand-by program shall receive an hourly rate supplement of $.65 for all hours worked by participating employees effective the first full payroll in fiscal year 2004/2005, dated October 2,2004. 4. Employees on the payroll on October I, 2006 shall receive a one-time salary adjustment of 2.25% of current base rate of pay effective the first full payroll period of fiscal year 2006/2007. 5. In accordance with the changes to Pension Plan Matters Article 13, Section 4 the Union agrees to withdraw its Pension Contribution grievance dated, October 7, 2004. 6. This Memorandum of Understanding is intended to substitute for and supercede the MOU between the parties dated November 29, 2001 and such MOU shall no longer have any force and effect. 7. This MOU shall be effective for the period October I, 2004 thru September 30, 2007, when this MOU and this Collective Bargaining Agreement are approved by the parties. 8. The parties represent that they have full legal authority to enter into this agreement. 9. All other terms of the Collective Bargaining Agreement for the period October 1, 2004 thru September 30, 2007 are binding, except where expressly modified herein or hereinafter modified by the parties. Dated this day of December, 2004. Attest Chevelle Nubin, City Clerk Approved as to Fonn Susan Ruby, City Attorney City of Delray Beach, FL By: David T. Harden, City Manager National Conference Firemen & Oiler, 1227 By: Sharon Munley, President NCFO Reallocation Effective 10/02/04 Grade Current Title Grade I Reallocation Increase B01 General Maintenance Worker 1 Neighborhood Inprov. Worker 0 Park Ranger 1 B02 General Maintenance Worker Park Ranger B03 Irrigation Maintenance Worker 0 Street Maintenance Worker" 0 Traffic Maintenance Worker 0 Water Meter Reader 1 B04 Crew Leader I 1 Water Meter Reader Equipment Operator I 1 Parking Meter Technician 0 Treatment Plant Operator Trainee 0 Tree Trimmer 0 Utility Service Worker - C 1 B05 Building Maintenance Worker 0 Crew Leader I Pipelayer 0 Equipment Operator I Street Maintenance Worker III 0 Utility Service Worker - C Traffic Maintenance Worker, Senior 0 Utility Service Worker - B 1 B06 Equipment Operator II 1 Utility Service Worker - B Equipment Technician I 1 Meter Maintenance Technician 0 Utility Service Worker - A 1 B07 Treatment Plant Operator - C 1 Equipment Operator II TV Truck Specialist 0 Equipment Technician I Utility Service Worker - A B08 Crew Leader II 0 Treatment Plant Operator - C Equipment Operator III 1 Equipment TechnicianILawn 0 Fleet Mechanic 0 Inventory Control Clerk 0 Parts Expediter 0 Utilities Mechanic 1 B09 Animal Control Officer 0 Equipment Operator III Carpenter 0 Utilities Mechanic Treatment Plant Operator - B 1 NCFO Reallocation Effective 10/02/04 Grade Job Title Grade Reallocation Increase 810 Crew Leader \\I 0 Treatment Plant Operator - B I rrigation Maintenance Supervisor 0 Journeyman Electrician 1 TPO-B Reports/Permits Specialist 1 811 Instrumentation Technician 1 Journeyman Electrician Master Electrician 1 TPO-B Reports/Permits Specialist MechanicaVElectrical Technician 0 Senior Fleet Technician 0 Treatment Plant Operator - A 1 Utilities Mechanic, Senior 0 812 Instrumentation Technician, Senior 1 Instrumentation Technician Master Electrician, Senior 1 Master Electrician Master Fleet Technician 0 Treatment Plant Operator - A Motor/Pump Technician 0 TPO-A Reports/Permits Specialist 1 Treatment Plant Operator - A Trainer 1 813 Instrumentation Technician, Senior Master Electrician, Senior TPO-A Reports/Permits Specialist Treatment Plant Operator - A Trainer MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CITI MANAG~ AGENDA ITEM # q~ - REGULAR MEETING OF DECEMBER 14. 2004 GRANT CONSULTING AGREEMENT /LANGTON ASSOCIATES TO: FROM: DATE: DECEMBER 10,2004 This is before Commission to consider approval of the continuation of the SMARTgrants Consulting Contract between the City of Delray Beach and Langton Associates in the amount of $2,500.00 per month for grant writing services on a month to month basis. Funding is available from 001-6111-519-99.03 (City Manager's Contingency Fund). Recommend approval of the continuation of the SMARTgrants Consulting Contract with Langton Associates. s:\c.ty Clerk\agenda memos\Langton Assoc.Grant Consultmg.1214.04 :__ ,"1- _ .,. -r -~. iì ;: _ ~ ..,..~~--.~ . ,,_:... ÌI ~ : 200~ LANGTON Associates . ,,. i 1':! ¡ '1 ! " ..~ -\ '~- ~ December 10,2004 Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RE: Extension proposal letter Dear David: Thank you for you inquiry about continuation of our services. As you know, our contract expired on October 31, 2004. The City of Delray Beach currently utilizes our services though our SMARTgrants program for an annual fee of $30,000. This program provides e-mails to key staff of all federal, state, and foundation grant deadlines that were announced the previous week and provides grant writing services for up to four grant proposals per year. The following projects are pending: . An appropriation for the federal highway pairs (George Bush Blvd to 4th St) for $5,000,000 as part of the Transportation Act reauthorization. The Congress has extended the existing act for the last two years, and will start the process over with the new Congress in January. This proposal must be resubmitted in the spring. . An application to the Florida Communities Trust (FCT) for the Old School Square Addition was submitted. I made several recommendations to change the project that caused it to increase in scoring from a score of 75 to 130. While this score was not in the fundable range, it was close. After the evaluation meeting in Tallahassee staff and I had a discussion with Kathy McLeod, the FCT's Executive Director. She advised that she thought that they would approve our project before the next cycle, so we would not have to submit again. This is because the FCT gets additional monies mid-cycle as projects do not go forward. C\~ 118 West Adams Street, SUite 700 . Jacksonville, Fl 32202 · (904) 598·1368 · (904) 598·1837 Fax · mlangton@langtonconsulting com Page Two December 10, 2004 After the evaluation, at my recommendation, staff attended an acqUisItIon workshop that the FCT held for selected applicants, since the FCT's ED seemed confident that we would be funded by the end of the Fiscal Year. At that time, staff asked questions regarding the FCT's rules against eminent domain, since the CRA acquired some of the parcels it will convey to the City through this project through eminent domain. The questions raised at the meeting resulted in a continuing discussion of these issues. The FCT has decided that they consider the CRA part of the City, and therefore those parcels can not be acquired with the assistance of the FCT. I am working on this problem, but if it can't be resolved in the City's favor it may mean a reduction in grant award from over $2 million to $400,000. . A Florida Recreational Development Assistance Program grant for $50,000 for playground renovations was submitted on behalf of Miller Park in November. Per your conversation with Marie Horenburger, we would like to continue our relationship with the City on a month-to month basis, pursuant to the evaluation of pending grants, at a fee of $2500 a month, subject to the terms of our last contract. Thanking you in advance for your consideration. Sincerely, l' \ 1·' ". J' (\/\nÜ-/ Ii '-- ' Lisa King Vice President MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CI1Y MANAGERtJ11j AGENDA ITEM C\ D - REGULAR MEETING OF DECEMBER 14, 2004 CONTRACT AWARD TO MEF CONSTRUCTION. INC. TO: SUBJECT: DATE: DECEMBER 10, 2004 This is before the Commission to consider approval of a contract award to second lowest bidder, MEF Construction, Inc., in the amount of $721,420.00 for the S.W. 12th Avenue, SW 11th Avenue, and S.W. 3rd Street Improvements Project. On October 21, 2004, the City opened bids for this project with the apparent low bidder being Development and Communications, Inc. with a bid of $710,000.50. The low bidder, however, did not provide a bid bond in the amount of 5% at the time of the bid opening. Therefore, staff recommends Commission reject the lowest bid as being non-responsive, and approve an award of construction to the second bidder, MEF Construction, Inc. in the amount of $721 ,420.00 Funding is available from 442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.W. 12th Ave., S.W. 11th Ave. and S.W. 3rd St.). Recommend approval of the contract award MEF Construction, Inc., in the amount of $721,420.00 for the S.W. 12th Avenue, SW 11th Avenue, and S.W. 3rd Street Improvements Project. s: \ûty Clerk \agendamemos \MEF Constructton.Second-Lowest Btdder.1214.04 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: William A. Grieve, P.E., Assistant City Engineer DATE: December 8, 2004 SUBJECT: SW 12th Avenue, SW 11th Avenue and SW 3rd Street Improvements Project # 2003-053 Commission Agenda Item The attached agenda item is for Commission approval/authorization for the Mayor to execute construction contract with MEF Construction, Inc. for the construction of improvements along SW 1ih Avenue, SW 11th Avenue and SW 3rd Street. This project consists of furnishing of all labor, materials, equipment, services and incidentals for installation of new 8-inch water main, water services, sanitary sewer mainllaterals rehabilitation, swale grading and sodding, concrete sidewalk replacement, concrete driveway aprons and pavement overlay. Construction also includes clearing and grubbing, dewatering, MOT's, testing and pavement markings. On Thursday, October 21, 2004, the City opened bids for this project with the apparent low bidder being Development and Communications, Inc. with a bid of $710,000.50. The low bidder, however, did not provide a bid bond in the amount of 5% at the time of the bid opening. Therefore, staff recommends City Commission reject the lowest bid as being non-responsive, and approves an award of construction contract to the second bidder, MEF Construction, Inc., in the amount of $721 ,420.00. Funding is available as follows: Funding Source W&S Renewal and Replacement Account Number 442-5178-536.65-97 Balance $775,087.82 Contract $721,420.00 A location map is attached. Please place this on the December 16, 2004 commission agenda. enc cc: Richard Hasko, P.E., Director of Environmental Services Joseph Safford, Finance Director file C:\Documents and SettingslkucmerowsklLocal SettingslTemporary Intemet FilesIOLK40CI12-14-2004 agenda memo1.doc -> -~---<,---= ~_ i ~ ~¡!::=-= I _ 1'-' :1 ~¡ " I I : \ ~ ;:il: I i , I I , , IZ'~---.JZ ~ -, ~' AVENUE "I'i¡'I[~' ;,"'~~I¡II¡li : ~I,~L--i: I~:' I I_.;!:_ ---.-JbJ ~ ~ '. : I I> ,<>: .-----. '-¡ --I « __ ~ ~r-- L--.,- ~ L--~ L--!_~_ ,--1 ==e i_ ---i I' --¡- i-- ...----¡. j-----J '-- ~ ~'----.. L-- t:== :;,¡ ~ r--¡ --- r-,---. I ¡---: 'R ~~~;-~ h I r-¡ L-.iI - - ---¡ - L' r-l '~~~~~ ~~~~~ ¡ '! ~~~~"~ - '--- (P '---"' ~ ---I L-, L-- ~---j -- ---I ~ -----, ~ST \\ \\ ]------!.lJ L- ---> :>~-~--5 ---<-¡<- ~-< '_.~== ;~ I' i~=' 'i ,?;i :;:::1 II:;:: :;:: /2 II! -7 - I I -- -- , ' ,- " ATLANTIC , , -- LLJ I ¡ ; ) / I l ,': -----¡ -,- --1~5- -~' : '«; < --- ----¡ 1---1 == , , I 1 ~,~ "0) __ I II..!. - - -----¡ ~ ! 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('") Ø"Cf.I::I: ::;: a '" R ." ~ "'0 õÌiJ ~q ....2 g!' i"g ~... ~~ ,- Date: Dec. 8. 2004 AGENDA ITEM NUMBER: ~D \ AGENDA REQUEST Request to be placed on: ~Cansent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: Dec 14. 2004 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for the Mayor to execute construction contract with MEF Construction, Inc. for the construction of improvements along SW 12th Avenue, SW lith Avenue and SW 3rd Street. This project consists of furnishing of all labor, materials, equipment, services and incidentals for installation of new 8-inch water main, water services, sanitary sewer main/laterals rehabilitation, swale grading and sodding, concrete sidewalk replacement, concrete driveway aprons and pavement overlay. Construction also includes clearing and grubbing, dewatering, MOT's, testing and pavement markings. On Thursday, October 21, 2004, the City opened bids for this project with the apparent low bidder being Development and Communications, Inc. with a bid of $710,000.50. The low bidder, however, did not provide a bid bond in the amount of 5% at the time of the bid opening. Therefore, staff recommends City Commission reject the lowest bid as being non-responsive, and approves an award of construction contract to the second bidder, MEF Construction, Inc., in the amount of $72 I ,420.00. Funding is available as follows: Fundin2 Source Account Number W &S Renewal and Replacement 442-5178-536.65-97 Balance $775,087.82 Contract $721,420.00 Staff Recommendation: Qval ~ Department Head Signature: ~. ~a /2.- -[- - <H City Attorney ReviewlRecommendation (if applicable): BU1et Director ~eview (required on all items involving expenditure of funds): t1J1~ W~<{~ I~/("'Iðl." Funding Available: Yes / No Initials: See above Account Number See Above ~ ~ _I Description See Above /,/$ /..--//< f:-¿/().¡.f...A ..::1'"'1' St..,] 1;l~4 /~&) 1!l1vJ/¡< Account Balance: See Above Þf03/c1 1t4í~ ~ð~ ¡;i ð'cjtJs /1.:194 t()~O - Sw ¡ S~. Funding Alternatives: (if applicable) City Manager Review: Approved far Agenda: &/ No Initials: Hold Until: ~ Agenda Coordinator Review: Received: S:\EngAdmin \Projects \2003\2003-053\OFFICIAL \12-14-2004 agenda1.doc 1; [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 'Iiil \i\\' I ,¡ AVE'\( T . Dr.LR,\Y Bf'ACH FLORIDA 33H-+ id,EPHO\i¡-: 5h I /~-+ ,-7i)t)( . r -'\CSI\lILE 561/278--+755 DELRAY BEACH F l 0 I/. I D ... D.e:IIII All-America City , III I! DATE: 1993 TO: 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM December 9,2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Notification and Offer Letter and Resolution - The Commons Attached please find the Notification and Offer Letter and Resolution for the above-referenced property. CZP-K-Ic-, SAR:ci Attachment 9E- rag~ 1 U1 1 THE COMMONS - Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System ...1 ~ ~,....~ -<.~......--""" -"'><~~'" -"'-"""" ,~~- _....'~"""" --.~-~~ Parcel Control Number [1243461833018000Q ."~-~- _ _ ____ _____ ______ _ ____~=ã~~ (eg.74434322120080010) ~Street Intersection . I r " _ _ _ _ and I - ~~- QIIIiJ ~ ~ - -~....-~~-- ri~~~Mun~pa6ty~ Ji ~Ra.nge, Township, Section, R l~. T [IS r:i .... NTI ...1 *.... 50Mt .11* .121 ... .... 51» w po. i\.po.t'<.TIG po.ve. ~ r-mrl - Legend D P8ruI BOUIct.Iy 11128 I Lot I1UII'ber Palm Beach County Property Map Map Scale 1·2751 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a LÍ<:eøIc Agreement. Map produced on 1211412004 from PAPA http://gJ.sweb.copalm-beach. fl. uslipapagJ.s/presentation/mappinglprintnew.asp?MAPURL.. . 12/14/2004 ~ ~~ ~) \G~\4\D4 ~q.(¿ page 1 or 1 CONGRESS P~RK/COMMUNITY CENTER - Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System ~IU~,!!U~ --- -- ---- ---- .... 1~ M21 H%!I Ø%2 H%!I ,:II. ~ i MN C. 1.- :II i ... :. < W. 518 .... HM ___II J JI - J. w i ~ i:t ;II i - ~ ~ 5U1 :~:.~~:;...::~ -~~~~ Owner Information PCN: 12434618000005110 Name: ~y LAND HOLDINGS tion: 3335 W ATLAN11C AVE Mailing: 1380 NW 33RD 5T POMPANO BEACH FL 33064 2102 2004 Preliminary Assessment Market Value: ... Assessed Value: ~ Exempt Amnt: Taxable: 2004 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Price Dec-2003 JM-2003 JM-2003 JM-1985 Palm Beach County Property Map Map Scale 1 :5239 Legend D P8ruI BOUIct.Iy 11121 I Lot nuntMIr 12. 52 ~5 ~J(~ol ~ Copyright Palm Beach County 2003 All Righls Reserved - Subject to a Liceœe Agreement Map produced on 1211412004 from PAPA http://gJ.sweb.co.palm-beach.fl.uslipapagJ.s/presentation/mappinglprintnew.asp?MAPURL. .. 12/14/2004 r aö~ ~ V~ ~ ALZHEIMERS ASSOCIATION GREATER PALM BEACH AREA 6.58 Acres - Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System I ....1 HH ... '[f~,~~.~.~=: ~·uauilf'" Owner Information PCN: 12434607000005000 Name: ==ERS ASSOCIATION ocation: 8SO N CONGRESS AVE Mailing: 8333 W MCNAB AD STE 129 TAMARAC FL 33321 3202 2004 Preliminary Assessment Market Value: $562.85 Assessed Value: $562.8 Exempt Amnt: ~ Taxable: $219,5 2004 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information Safes Date Price ""-1918 "'-1"7 -1995 Palm Beach County Property Map Map Scale 1:7141 Legend D ....eeI BOUIct.ry I 8121 I LŒ I1UII'ber ~ CopyrigIáPalm Beach County 2003 --S¿ . ~ \.-C'\ .. _ All Rights Reserved - subject to a License Agreemenl ~ ~ Map produced on 1211412004 from PAPA ~~~ ~~~~~ http://gJ.sweb.co.palm-beach.fl.uslipapagJ.s/presentation/mapping/printnew.asp?MAPURL. .. 12/14/2004 = ~l v ) / / ~ /1 J I SETA . L ~~~~~ ARTIC _ ICE "'t" ---- I ~ ~ ~CONGRESS A VENUE NOLAND 7 AUTO CENÆR f I AlOS WHOLESALE I Bf:AUTY SUPPUf:5 I ~ II PALM TRAN N.W 1ST ST. \OELRAY AWNING 01 I ! i/ f---- ./ ./ /" / /" ----1 /" ~ N CITY Œ' DELR'" Y BEACH, FL PLANNING a: ZONING DEPARTMENT -- Of(;/TAJ. BASE: IMP SYSTl"1I -- Total - 9.42 acres KEYSTONE CRf:A TIONS ~ c( w => Z w > .:( ;= IZJ >Ii z f--+- - MARTY FLADELL DRIVE (/)- (/) w a::: ø z o u c~ ;¡:- - ROYAL D~g'jM¡.,. Ih I _ ì I~ I < It" :JA (J F A B DA E ~ ~f- Z J ---- J CHEVRON ~~ ~_\ d~1\ \,~ ~"\, \ :.{<...¥-\:J~ sy.€.~ A RINKER ~ II MA TERIALS LEE ST. ~ ~ffiffiHj Ii Z \1 " '" AVENUE / GATEWAY MINI PARKS LJ / .<.: i~ POTENTIAL STORAGE SITES A 12-43-46-18-00-000-1010- 2. t¡ $7 '1/fcY'rs D 12-43-46-18-00-000-1350 - 2 . 'I31tC B 12-43-46-111-00--000-1230 ~ . c.., ¡Pr:: r't:>S E 12-43-46-18-00-000-1440 - I. VS- 1t C 12-43-46-18-00-000-1050 - . t.. ì Q ~)"<' s F 12-43-46-18-00-000-1410 _ . ~<llr ~ MÞJ' REF LMBOO December , 2004 Dominick Alfieri and Alfieri - Delray Beach Commons, LLC 399 Thomall Street Edison, NJ 08837 NOTIFICATION AND OFFER LETTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Acquisition oflands by the City of Delray Beach Legal Description: See attached Exhibit "A" Parcel 1 Dear Sir/Madam: As you may know, the City of Delray Beach is interested in acquiring certain lands necessary for the public purpose of construction of a new community center. The area selected for this municipal project is a portion of the Commons subdivision as more particularly described on attached Exhibit "A." A search of the Public Records indicates that Dominick Alfieri and Alfieri - Delray Beach Commons, LLC are the owners of the lands needed for the project, said lands being legally described on attached Exhibit "A." The City of Delray Beach will seek to acquire fee simple title to this property. The City of Delray Beach hereby offers Dominick Alfieri and Alfieri - Delray Beach Commons, LLC, as owners, the sum of in full and complete compensation or payment for the subject property, including any damages to the remainder, if any. Dominick Alfieri and Alfieri - Delray Beach Commons, LLC December , 2004 Page 2 This offer shall remain in effect for thirty (30) days following your receipt of this letter and shall be deemed rescinded thereafter unless extended in writing. This offer is subject to the claims and interests, if any, of all other parties in and to the subject property, including potential apportionment claims of tenants, easement holders, claims for leasehold improvements, and other matters, and you will be responsible for payment of the same out of the settlement/closing proceeds. Marketable insurable title must be conveyed to the City of Delray Beach free and clear of all mortgages, liens and other interests in the subject property. Real estate taxes will be prorated to the date of closing. You are further advised that this offer is not less than the appraised value of the property. Within fifteen (15) business days after receipt of request by you, the City of Delray Beach will provide a copy of the appraisal report upon which this offer is based. Also, to the extent prepared, copies of plans or maps depicting the proposed taking, and to the extent prepared, copies of construction plans that depict project improvements to be constructed on the property taken are likewise available to you upon request. As owners of the subject property, you will have not less than thirty (30) days after receipt of this letter to respond to the offer before the City of Delray Beach files an eminent domain proceeding to acquire the subject property. If you decide not to accept this offer and would like to submit a counteroffer, please do so within thirty (30) days of receiving this offer. You also have the right to submit to the City of Delray Beach a complete appraisal report of your property. We ask that you submit your appraisal as soon as possible and within thirty (30) days of receipt of this letter. Pursuant to Section 73.091, Florida Statutes, the City of Delray Beach, as the Petitioner in an eminent domain proceedings, shall pay all attorneys' fees as provided by Section 73.092, Florida Statutes, as well as all reasonable costs incurred in defense of the proceedings in the Circuit Court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant's fee, to be assessed by the Court. If a settlement is reached prior to a lawsuit being filed, you, as owners, shall be entitled to recover costs in the same manner as provided in Section 73.091 and attorneys' fees in the same manner as provided in Section 73.092, Florida Statutes, and as more fully described in Section 73.015, Florida Statutes. Dominick Alfieri and Alfieri - Delray Beach Commons, LLC December , 2004 Page 3 Evidence of negotiations or of any written or oral statements used in negotiations under Section 73.015, Florida Statutes, are inadmissible in any condemnation proceeding, except in a proceeding to determine reasonable costs and attorneys' fees. On behalf of the public interest, the City of Delray Beach is always amenable to an amicable resolution of acquiring property needed for its public projects and I will be happy to meet with you or your representatives to discuss the same. Sincerely yours, William P. Doney WPD/ks Attachments cc: Susan Ruby, City Attorney RESOLUTION NO. 92-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A MUNICIPAL COMMUNITY CENTER; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Delray Beach is authorized by Chapters 73 and 74, Florida Statutes, and Sections 166.401 and 166.411, Florida Statutes, to exercise its right and power of enùnent domain to acquire lands for public buildings, public parks, squares, grounds and recreational facilities; and WHEREAS, the City Commission has determined that it is a public necessity and in the interests of the public health, safety and welfare to provide a community center for the residents of the City of Delray Beach; and WHEREAS, in January 2004 a bond referendum was approved by the electors of the City of Delray Beach authorizing the issuance of general obligation bonds to finance land acquisition, construction and equipping of up to three new neighborhood parks, a recreation/ community center and a soccer complex in the City of Delray Beach; and WHEREAS, the City of Delray Beach has conducted an analysis of vacant land within the City for the purpose of identifying property appropriate for acquisition for said public purposes; and WHEREAS, the City has identified the hereinafter described property as necessary to construct a community center and hereby authorizes the acquisition of fee simple tide to said lands by gift, purchase or enùnent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1: The City Commission adopts and ratifies those matters set forth in the foregoing recitals. Section 2: The City Commission hereby finds that it is necessary to acquire the lands described on attached Exhibit "AJJ for the public purpose of constructing a community center for use by residents of the City of Delray Beach. Section 3: The City Attorney or her designee, is hereby authorized and directed to proceed to take all necessary steps, including the hiring of Vance, Doney & MacGibbon, P.A. and other legal counsel, appraisers, and experts in other disciplines, as necessary, for the City of Delray Beach to acquire said property and the City Attorney, or her designee, shall prepare in the name of the City of Delray Beach all papers, pleadings and other instruments required for the purpose, and to see that all eminent domain proceedings are prosecuted to judgment pursuant to Chapters 73 and 74, Florida Statutes. Section 4: The City Attorney and the City Manager are hereby authorized and directed to take such other further actions as are reasonably required to fully accomplish the purposes hereinabove directed. Section 5: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of ,2004. CITY OF DELRAY BEACH, FLORIDA MAYOR Attest: City Clerk 2 ORDINANCE NO. 92-04 EXHIBIT "A" Parcell, Parcel 3 and Tract R, THE COMMONS, according to the plat thereof on file in the office of the Clerk of the Circuit Court in Plat Book 57, page 11 of the Official Records of Palm Beach County, Florida. 3 ORDINANCE NO. 92-04 ~ [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~()() N\\ ht A.VE'\U::· DFLR<\Y BEACH. FLORIDA. 33444 TLLLPHO,\;!:- "6i'~ +3_7()l)íJ· I ,\CSI\lILE "fdl2ïS-4755 DElRAY BEACH Writer's Direct Line' 561/243-7091 F LOll I l) ... Dad All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM December 9, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Notification and Offer Letter - Willis Property Attached please find the Notification and Offer Letter for the above-referenced property. QJx/~' SAR:ci Attachment <iF December , 2004 Joyce A. Willis 4595 Coconut Lane Boynton Beach, FL 33436 NOTIFICATION AND OFFER LETTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Acquisition of lands by the City of Delray Beach Legal Description: See attached Exhibit "A" Parcel 3 Dear Sir/Madam: As you may know, the City of Delray Beach is interested in acquiring certain lands necessary for the public purpose of park, recreation and open space facilities. The area selected for this municipal project is certain property as more particularly described on attached Exhibit "A." A search of the Public Records indicates that Joyce A. Willis is the owner of the lands needed for the project, said lands being legally described on attached Exhibit "A." The City of Delray Beach will seek to acquire fee simple title to this property. The City of Delray Beach hereby ($ compensation or payment for damages to the remainder, if offers Joyce A. Willis, as owner, the sum of ) Dollars in full and complete the subject property, including any any. Joyce A. Willis December , 2004 Page 2 This offer shall remain in effect for thirty (30) days following your receipt of this letter and shall be deemed rescinded thereafter unless extended in writing. This offer is subject to the claims and interests, if any, of all other parties in and to the subject property, including potential apportionment claims of tenants, easement holders, claims for leasehold improvements, business trade fixtures and other matters, and you will be responsible for payment of the same out of the settlement/closing proceeds. Marketable insurable title must be conveyed to the City of Delray Beach free and clear of all mortgages, liens and other interests in the subject property. Real estate taxes will be prorated to the date of closing. You are further advised that this offer is not less than the appraised value of the property. Within fifteen (15) business days after receipt of request by you, the City of Delray Beach will provide a copy of the appraisal report upon which this offer is based. Also, to the extent prepared, copies of plans or maps depicting the proposed taking, and to the extent prepared, copies of construction plans that depict project improvements to be constructed on the property taken are likewise available to you upon request. As owners of the subject property, you will have not less than thirty (30) days after receipt of this letter to respond to the offer before the City of Delray Beach files an eminent domain proceeding to acquire the subject property. If you decide not to accept this offer and would like to submit a counteroffer, please do so within thirty (30) days of receiving this offer. You also have the right to submit to the City of Delray Beach a complete appraisal report of your property. We ask that you submit your appraisal as soon as possible and within thirty (30) days of receipt of this letter. Pursuant to Section 73.091, Florida Statutes, the City of Delray Beach, as the Petitioner in an eminent domain proceedings, shall pay all attorneys' fees as provided by Section 73.092, Florida Statutes, as well as all reasonable costs incurred in defense of the proceedings in the Circuit Court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant's fee, to be assessed by the Court. If a settlement is reached prior to a lawsuit being filed, you, as owner, shall be entitled to recover costs in the same manner as provided in Section 73.091 and attorneys' fees in the same manner as provided in Section 73.092, Florida Statutes, and as more fully described in Section 73.015, Florida Statutes. Joyce A. Willis December ,2004 Page 3 Evidence of negotiations or of any written or oral statements used in negotiations under Section 73.015, Florida Statutes, are inadmissible in any condemnation proceeding, except in a proceeding to determine reasonable costs and attorneys' fees. On behalf of the public interest, the City of Delray Beach is always amenable to an amicable resolution of acquiring property needed for its public projects and I will be happy to meet with you or your representatives to discuss the same. Sincerely yours, William P. Doney WPD/ks Attachments cc: Susan Ruby, City Attorney [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE :'()() NW ht A\'E'\l'E' DELRA'\' BEACH. FLORIDA 33444 fELEPHO'\iL 5Glí:'43·7()l)O· F'\CS!\lILE :'hlí:'7i'·4755 DELRAY BEACH F LOR I [) ... D.8I:III All-America City , III I! DATE: 1993 TO: 2001 FROM: SUBJECT: Wnter's Direct Line: 561/243-7091 MEMORANDUM December 9, 2004 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Notification and Offer Letter - Malkemes Attached please find the Notification and Offer Letter for the above-referenced property. ~/~' SAR:ci Attachment of<, ßJt1 q~ December , 2004 William J. Malkemes and Lou E. Malkemes 4686 133 Road South Delray Beach, FL 33445 NOTIFICATION AND OFFER LETTER CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Acquisition of lands by the City of Delray Beach Legal Description: See attached Exhibit "A" Parcel 2 Dear Sir/Madam: As you may know, the City of Delray Beach is interested in acquiring certain lands necessary for the public purpose of park, recreation and open space facilities. The area selected for this municipal project is certain property as more particularly described on attached Exhibit "A." A search of the Public Records indicates that William J. Malkemes and Lou E. Malkemes are the owners of the lands needed for the project, said lands being legally described on attached Exhibit "A." The City of Delray Beach will seek to acquire fee simple title to this property. The City of Delray Beach hereby offers William J. Malkemes and Lou E. Malkemes, as owners, the sum of complete compensation or payment any damages to the remainder, if ($ for the any. subject ) Dollars in full and property, including William 1. Malkemes and Lou E. Malkemes December , 2004 Page 2 This offer shall remain in effect for thirty (30) days following your receipt of this letter and shall be deemed rescinded thereafter unless extended in writing. This offer is subject to the claims and interests, if any, of all other parties in and to the subject property, including potential apportionment claims of tenants, easement holders, claims for leasehold improvements, business trade fixtures and other matters, and you will be responsible for payment of the same out of the settlement/closing proceeds. Marketable insurable title must be conveyed to the City of Delray Beach free and clear of all mortgages, liens and other interests in the subject property. Real estate taxes will be prorated to the date of closing. You are further advised that this offer is not less than the appraised value of the property. Within fifteen (15) business days after receipt of request by you, the City of Delray Beach will provide a copy of the appraisal report upon which this offer is based. Also, to the extent prepared, copies of plans or maps depicting the proposed taking, and to the extent prepared, copies of construction plans that depict project improvements to be constructed on the property taken are likewise available to you upon request. As owners of the subject property, you will have not less than thirty (30) days after receipt of this letter to respond to the offer before the City of Delray Beach files an eminent domain proceeding to acquire the subject property. If you decide not to accept this offer and would like to submit a counteroffer, please do so within thirty (30) days of receiving this offer. You also have the right to submit to the City of Delray Beach a complete appraisal report of your property. We ask that you submit your appraisal as soon as possible and within thirty (30) days of receipt of this letter. Pursuant to Section 73.091, Florida Statutes, the City of Delray Beach, as the Petitioner in an eminent domain proceedings, shall pay all attorneys' fees as provided by Section 73.092, Florida Statutes, as well as all reasonable costs incurred in defense of the proceedings in the Circuit Court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant's fee, to be assessed by the Court. If a settlement is reached prior to a lawsuit being filed, you, as owners, shall be entitled to recover costs in the same manner as provided in Section 73.091 and attorneys' fees in the same manner as provided in Section 73.092, Florida Statutes, and as more fully described in Section 73.015, Florida Statutes. William J. Malkemes and Lou E. Malkemes December , 2004 Page 3 Evidence of negotiations or of any written or oral statements used in negotiations under Section 73.015, Florida Statutes, are inadmissible in any condemnation proceeding, except in a proceeding to detennine reasonable costs and attorneys' fees. On behalf of the public interest, the City of Delray Beach is always amenable to an amicable resolution of acquiring property needed for its public projects and I will be happy to meet with you or your representatives to discuss the same. Sincerely yours, William P. Doney WPD/ks Attachments cc: Susan Ruby, City Attorney AGREEMENT THIS AGREEMENT ("Agreement") made this _ day of December, 2004 by and between THE CITY OF DELRAY BEACH, ("City"), a Florida municipality in Palm Beach County, Florida; THE COMMUNITY FOUNDATION FOR PALM BEACH and MARTIN COUNTIES ("Foundation"), and THE EXECUTIVE SERVICE CORPS OF SOUTHEAST FLORIDA, INC., ("ESC"). The Foundation's Nonprofit Resource Institute shall provide workshops/training, to nonprofit groups in the City, as determined by the City, with specific capacity building in the following areas: 1. Budgeting and Finance 2. Marketing and Promotion 3. Fundraising and Sponsorships 4. Project Management, including Topics of Outcomes and Evaluations 5. Governance 6. Human Resources and Risk Management Ese shall provide organizational assessments and board training to nonprofit groups as determined bv the Citv. ., ., The Foundation shall be solely responsible for the services required under Phase I of the program as described below, and shall have no responsibility for Phase II. ESC shall be solely responsible for the services required under Phase II. Phase I The Foundation's Nonprofit Resource Institute will provide a core-training program addressing the aforementioned training needs to nonprofit organizations, selected by the City, at a location in Delray Beach identified by the City. The core-training program will be structured to cover these areas of need over the course of six sessions using the following curriculum framework: · Administration/Operations/Governance, addressing budgeting and finance, HR and risk management · Fund Development, addressing fundraising and sponsorships · Marketing and Communications, addressing marketing and promotion · Program Development and Evaluation, addressing project management The City will select ten or more groups designated as 501(c)(3) tax-exempt organizations by the Internal Revenue Service, and offer participation in this program to representatives from each group, totaling 30 participants who will attend all six sessions. Participants may earn continuing education units (CEUs) from Florida Atlantic University, a partner of the Foundation. Pagelof4 ~\2\14~ ~ <:4b ~ ~<>o.J 9.-J\-- ~.) Phase II ESC consists of retired executives who will perform an organizational assessment for up to five organizations, selected by the City, including groups that handle special events. Each assessment by ESC will involve interviews with board and staff members, and analysis of overall operations including financials. The assessments will identify the strengths and weaknesses of each organization, and discuss in-depth the areas when improvement is recommended. Discussion with board and staff members will include mentoringlcoaching as needed. Prior to the commencement of each assessment, ESC shall provide a proposal outlining the details of the assessments which shall be approved by the City and the nonprofit agency. At the completion of each assessment, ESC shall provide the City with a summary report on each agency. Such report shall include recommendations, if any, for the agency. In addition, ESC will provide, if requested, a three-hour board workshop for each of the five agencies. The workshop will focus in areas such as duties and responsibilities of board members, board/staff relationships, board structure, and fiduciary responsibilities. COST The cost for Phase I shall be $25,000.00, payable by the City to the Foundation. One half ($12,500.00) of this amount shall be due 45 days prior to the start of the training programs; the training programs will begin on or about March 1,2005. The remaining half shall be due upon completion of all training programs. The cost for Phase II shall not exceed $10,000.00 and shall be payable by the City to ESC. Payment shall be due upon completion of each assessment. This amount covers the participation of up to 5 agencies. If less than 5 agencies are selected for Phase II the amount shall be adjusted accordingly; however, the cost shall not exceed $2000.00 per agency. No other expenses, including travel or lodging, shall be paid by the City. TERMINATION This Agreement may be terminated by the City with or without cause, upon 30 days written notice to the Foundation, ESC, or both parties. Upon termination of Phase I by the City prior to the commencement of the first training session, the City shall be responsible for $9,500; if the City terminates after the training sessions begin, the City shall pay the Foundation 1/6 of the unpaid balance of$12,500 for each training session completed. Upon termination of Phase II by the City, it shall pay to ESC only for services rendered at the time of termination. All documents produced under this agreement shall be the property of the City. The Foundation and ESC may terminate this agreement with or without cause upon 30 days written notice to the City. Upon termination of Phase I by the Foundation. it shall only be entitled to payment for 1/6 of the $25,000 ($4,167) for each training session completed. Upon termination of Phase II by ESe. it shall only be entitled to payment for the services rendered at the time of termination. Page 2 of 4 · MISCELLANEOUS PROVISIONS I. This Agreement, and any other document executed in connection herewith shall inure to the benefit of the City, its successors or assigns. The City may use, reuse or reproduce any document or work produced under this Agreement without the consent of either the Foundation or ESe. This Agreement, and any another document executed in connection herewith, shall not inure to the benefit of any third person or entity. The terms and conditions of this Agreement are intended to benefit only those named parties to the Agreement. No person or entity not an identified party to this Agreement shall have any claim to or have any cause of action arising out of this Agreement. 2. Time is of the essence with respect to all matters concerning this Agreement. 3. The interpretation, validity and enforceability of this Agreement and any document to be executed in connection herewith, including all terms, provisions, rights and duties set forth herein, shall be interpreted and construed in accordance with the laws of the State of Florida. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include the other. 4. Captions and headings of this Agreement and any other document to be entered into in connection with this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, or the intent of any provision. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. The determination by any court of competent jurisdiction that any provision of this Agreement, or any document entered into in connection herewith is not enforceable in accordance with its terms and conditions shall not effect the validity or enforceability of any of the remaining provisions; rather, any such unenforceable provision shall be stricken or modified in accordance with the Court's decision, and this Agreement, or any other document to be entered into in connection herewith, as modified, shall continue to bind the parties. 7. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall consist of and the same instrument. 8. This Agreement among the parties consists only of the express written terms and conditions set forth in this Agreement. All understandings and agreements made between the parties are superseded by this Agreement, which alone fully and completely express the parties' understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly in writing herein. The parties are relying only on the express terms, conditions and agreements set forth in this Agreement. The parties further agree that any promise or agreement, not expressly set forth in writing and signed by both parties, can not be relied upon and will not be valid or enforceable. Page 3 of4 .. 9. The terms and conditions set forth in this Agreement are the product of mutual draftsmanship by all parties, each being represented by counsel, and any ambiguities in this Agreement or any documentation prepared pursuant to or in connection with this Agreement shall not be construed against any of the parties because of draftsmanship. IN WITNESS WHEREOF the parties have caused their duly authorized representative to execute this Agreement in a manner sufficient to bind the parties to this Agreement. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney WITNESSES: EXECUTIVE SERVICE CORPS OF SOUTHEAST FLORIDA, INe. By: Print Name Title Print Name Print Name WITNESSES: COMMUNITY FOUNDATION FOR PALM BEACH AND MARTIN COUNTIES By: Print Name Title Print Name Print Name Page 4 of 4 MEMORANDUM TO: SUBJECT: I\.B YOR AND CITY COivllvIISSIONERS CITY MANAGER trr1 AGENDA ITEM # 9. \\. - REGULAR MEETING OF DECEMBER 14. 2004 NON-PROFIT ACADEMY/CONTRACT WITH NON-PROFIT RESOURCE INSTITUTE (NRI) AND EXECUTIVE SERVICE CORPS FROM: DATE: DECEMBER 10, 2004 ThIS is before COmmlSSIOn to consIder approval of the creauon of a Non-Profit Academy and a consulting contract \V1th the N on- Profit Resource Institute (NRI) and Executlve ServIce Corps for a maXlffium cost to the CIty of $32,500.00 As a result of the annual reVIew and evaluatlon process for event and mIscellaneous grant requests from non-profit agencIes, the need (0 11llprove thetr operaung capacny was Idennfied. Staff started to refine the need and reViewed opnons that \vould lead to 11llprovmg the capaClty of local non-profit orgamzanons m the followmg areas budgenng and finance, markenng and promotlons, fundralsmg, obtammg sponsorshIps, and project management Several meetlngs have been held \vIth Mary \vyns, Dtrector of Non-Profit Resource Insmute, (NRI) \vhlCh 1S a program of the Commumty Foundatlon of Palm Beach and :Vfarnn Counnes, Robert Irnng. PresIdent of the Execum-e SerVice Corps of Southeast Flonda; Bob Barcmskt, Lula Butler, and Rex Taylor :Vlany Issues and Optlons assocIated wnh capaoty buùdmg for non- profit orgamzanons were reViewed Staffs recommendatlon IS to create a Cny operated Non-Protit ¡\cademy modeled after the successful ResIdent's Academy The Non-Profit Academy would be a core tralnmg program covenng competenoes m the areas noted above, avallable at no charge to local non-profit orgamzanons To operate the Non-Profit Academy, the CIty would contract \VIth :t\'RI (0 supply presenters, eqUlpment, supplIes, and coordinatlon for the program NRI would work wnh Flonda Atlannc LmversIty (E-\U) , School of Non-Profit Management to coordmate presenters. FAC would also provIde COntlnuillg educatlon crernts (CEC) at no adrntlonal charge. It is antlClpated that the seSSlOns would be held at Old School Square and \vould begm next spnng A 1:\vo week penod IS planned between seSSIons WIth the Academy conclurnng ill :\lay, 2005. The Comffilssl0n may want to consIder successful complenon of the Non-Profit Academy as a reqUtremem for CIty grant fundmg m the future. Staff believes that completion of the Non-Profit Academy will slgruficantly 11llprove the ability of local agencies to operate efficIently and effectlvely. Therefore we created a Phase II mcentlve for up to five (5) of the non-profit agencIes complenng the academy. In Phase II the Executlve ServIce Corps of Southeast Flonda (ESC) \vould perform an orgaruzatlonal assessment of the mdlvIdual agencIes covenng operatlons and finanoal conditlon, and a wrltten report wnh recommendatlons would be presented to each agency The assessment process would help the local non-profit orgamzanons put mto pracnce the tra1mng they receIved m the Academy. Staff recommends that the cost for the mdivIdual assessment and analysIs be shared \vnh the CIty pavmg 75%, and 25% IS paId by the non-profit orgamzanon. ThIS approach provIdes agencIes ownershIp of the recommendatlons proVided by ESC The total cost for SIX full day seSSlOns compnsmg the Non-Profit Academy IS S25,000 00. The cost for the assessments and workshops by ESC IS $2,000 00 per agency. Mary W'yns IS exclted about \'vorktng wlth the Cny and about creatlon of a Non-Profit Academy She sees n as an mnovanve pllot project that may be duphcated mother commumUes A copy of the proposed contract IS attached along wnh example ouwnes of trammg ~RI has provIded m the commumty thIs year Fundlng IS avallable from 001-6311.5629999 (General Fund/ Grams ,\ld to Pm'ate OrgaDlLauuns/Other :\un- Operatlng) and 001-6111-519-99.03 (CIty Manager's Contlngency Fund) Recommend approval of the creatlon of a Non-Profit Academy and approve a consulung contract wlth the ),Jon-Profit Resource Instltute (NRI) for a total cost to the CIty of $32,500.00. S \Clty Clerk\agenda memos\Non-Profit Academy NRI Resource Insl:1tute 121404 ~-";' }':"~f'lt= i/ .. ,,~~_ ...... - ","I... ~ -. 6 2064 I I I . ,'.' "," '''JI ~/i~~\¡\JJ\ ._4~":is~ MEMORANDUM TO: Mr. David T. Harden, City Manager Rex Taylor, Assistant City Manager ~ FROM: DATE: December 6, 2004 SUBJECT: Creation of a Non-Profit Academy and Contract with Non-Profit Resource Institute As a result of the annual review and evaluation process of the event and miscellaneous grant requests from non-profit agencies, the need to improve their operating capacity was identified. Thus we started to refine the need and review available options that would lead to improving the capacity of local non-profit organizations in the following areas: budgeting and finance, marketing and promotions, fundraising, obtaining sponsorships, and project management. Several meetings have been held with Mary Wyns, Director of Non-Profit Resource Institute, (NRI) which is a program of the Community Foundation of Palm Beach and Martin Counties, Robert Irving, President of the Executive Service Corps of Southeast Florida, Bob Barcinski, Lula Butler and myself. We have reviewed many issues and options associated with capacity building for non-profit organizations and would like to recommend that the City of Delray Beach create a Non-Profit Academy modeled after the successful Resident's Academy that the City operates. The Non-Profit Academy would be available at no charge to local non- profit organizations to send a maximum of three individuals to attend six full day sessions, which would result in completion of a core training program covering competencies in the areas noted above. To operate the Non-Profit Academy, the City would contract with NRI to supply presenters, equipment, supplies and coordination to provide sessions covering the core training program. NRI would also work with Florida Atlantic University, School of Non-Profit Management in arranging for presenters. FAD will also provide continuing education credits (CEU) at no additional charge. It is anticipated that these sessions would be held at Old School Square and would begin next spring. A two week period is planned between sessions with the Academy concluding in May of 2005. The City Commission may want to consider successful completion of the Non-Profit Academy as a requirement for City grant funding in the future. In our discussions, we felt that completion of the Non-Profit Academy will significantly improve the ability of local agencies to operate efficiently and effectively. However, we felt the need to create a phase II incentive for up to five of the non-profit agencies completing the academy. Working with the Executive Service Corps of Southeast Florida (ESC) an organizational assessment of the individual agencies covering operations and financial condition would be perfonned, and a written report with recommendations would be presented to each agency. The assessment process would also be helpful in assisting the local non-profit organizations to put into practice the training they received in the Academy. We felt this individual assessment and analysis should be on a cost sharing basis where the City pays 75% and 25% paid by the non- profit organization. This approach provides agency ownership to the recommends provided by ESC. The total cost for the six full day sessions that would comprise the Non-profit Academy is $25,000.00. The total cost for the five assessments and workshops by ESC would be $10,000.00. Mary Wyns has expressed excitement about working with the City of De1ray Beach and about the creation of a Non-Profit Academy as planned, and sees it as an innovative pilot project that may be duplicated in other communities. Attached is a copy of the proposed contract that outlines in further detail the scope of work to be perfonned by NRI. Should you have any questions, I will be happy to meet with you to discuss this proposal further. AGREEMENT THIS AGREEMENT ("Agreement") made this _ day of December, 2004 by and between THE CITY OF DELRA Y BEACH, ("City"), a Florida municipality in Palm Beach County, Florida; THE COMMUNITY FOUNDATION FOR PALM BEACH and MARTIN COUNTIES ("Foundation"), and THE EXECUTIVE SERVICE CORPS OF SOUTHEAST FLORIDA, INC., ("ESC"). The Foundation and ESC shall provide workshops/training, assessments, one-on-one technical assistance, and consulting services to nonprofit groups in the City, as determined by the City, with specific capacity-building in the following areas: 1. Budgeting and Finance 2. Marketing and Promotion 3. Fundraising and Sponsorships 4. Project Management, including Topics of Outcomes and Evaluations 5. Governance 6. Human Resources and Risk Management Capacity building services will be provided to nonprofit agencies and cultural groups operating in the City so they may collectively share the resources offered through a (I) Nonprofit Academy designed and implemented through the Foundation, complementing the City's Residents Academy, and (II) Organizational Assessments conducted by the ESC, that may result in the need for extended consulting services not offered herein, but available for discussion and implementation at a later date. The Foundation shall be solely responsible for the work required under Phase I. ESC shall be solely responsible for work required under Phase II. THE WORK PROGRAM Training and consulting services are proposed in two phases of the Work Program: Phase I The Foundation will offer the services listed above to the City, at a location selected by the City, providing a core-training program of six full-day sessions over 12 weeks in the following four competencies that address the defined areas of need: · Administration/Operations/Governance, addressing budgeting and finance, HR and risk management · Fund Development, addressing fundraising and sponsorships · Marketing and Communications, addressing marketing and promotion · Program Development and Evaluation, addressing project management Page 1 of 4 The City will select ten groups that are designated as 501(c)(3) tax-exempt organizations by the Internal Revenue Service, offering participation in this program to three representatives from each, totaling 30 participants. Participants may earn continuing education units (CEUs) from Florida Atlantic University, a partner of the Foundation. Phase II ESC consists of retired executives who will perfonn an organizational assessment for up to five organizations, selected by the City, including groups that handle special events. Each assessment by ESC will involve interviews with board and staff members, and analysis of overall operations including financials. The assessments will identify the strengths and weaknesses of each organization, and discuss in-depth the areas when improvement is recommended. Discussion with board and staff members will include mentoring/coaching as needed. ESC shall provide the City with a summary report on each agency. Such report shall include recommendations, if any, for the agency. In addition, ESC will provide, if requested, a three-hour board workshop for each of the five agencies. The workshop will focus in areas such as duties and responsibilities of board members, board/staff relationships, board structure, and fiduciary responsibilities. COST The cost for Phase I shall be $25,000.00, payable to the Foundation. One half of this amount shall be due 60 days prior to the start of the training programs, to begin on or about March 1,2005. The remaining half shall be due upon completion of all training programs. The number of participants allowed for Phase I shall be approximately 30. The cost for Phase II shall not exceed $10,000.00 and shall be payable to ESC. Payment shall be due upon completion of each assessment. This amount covers the participation of up to 5 agencies. If less than 5 agencies are selected for Phase II the amount shall be adjusted accordingly, however, the cost shall not exceed $2000.00 per agency. No other expenses, including travel or lodging, shall be paid by the City. TERMINATION This Agreement may be tenninated by the City with or without cause, upon written notice to the other parties. Upon tennination by the City, it shall pay only for the work completed at the time of tennination. All documents produced under this agreement shall be the property of the City. The Foundation and ESC may only tenninate this Agreement for cause and upon 30 days written notice to the City. Upon termination by either the Foundation or ESC, they shall only be entitled to payment for the work completed at the time oftermination. MISCELLANEOUS PROVISIONS Page 2 of 4 1. This Agreement, and any other document executed in connection herewith shall inure to the benefit of the City, its successors or assigns. The City may use, reuse or reproduce any document or work produced under this Agreement without the consent of either the Foundation or ESe. This Agreement, and any another document executed in connection herewith, shall not inure to the benefit of any third person or entity. The tenns and conditions of this Agreement are intended to benefit only those named parties to the Agreement. No person or entity not an identified party to this Agreement shall have any claim to or have any cause of action arising out of this Agreement. 2. Time is of the essence with respect to all matters concerning this Agreement. 3. The interpretation, validity and enforceability of this Agreement and any document to be executed in connection herewith, including all tenns, provisions, rights and duties set forth herein, shall be interpreted and construed in accordance with the laws of the State of Florida. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include the other. 4. Captions and headings of this Agreement and any other document to be entered into in connection with this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, or the intent of any provision. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. The detennination by any court of competent jurisdiction that any provision of this Agreement, or any document entered into in connection herewith is not enforceable in accordance with its tenns and conditions shall not effect the validity or enforceability of any of the remaining provisions; rather, any such unenforceable provision shall be stricken or modified in accordance with the Court's decision, and this Agreement, or any other document to be entered into in connection herewith, as modified, shall continue to bind the parties. 7. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall consist of and the same instrument. 8. This Agreement among the parties consists only of the express written tenns and conditions set forth in this Agreement. All understandings and agreements made between the parties are superseded by this Agreement, which alone fully and completely express the parties' understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly in writing herein. The parties are relying only on the express tenns, conditions and agreements set forth in this Agreement. The parties further agree that any promise or agreement, not expressly set forth in writing and signed by both parties, can not be relied upon and will not be valid or enforceable. 9. The tenns and conditions set forth in this Agreement are the product of mutual draftsmanship by all parties, each being represented by counsel, and any ambiguities in this Page 3 of4 Agreement or any documentation prepared pursuant to or in connection with this Agreement shall not be construed against any ofthe parties because of draftsmanship. IN WITNESS WHEREOF the parties have caused their duly authorized representative to execute this Agreement in a manner sufficient to bind the parties to this Agreement. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney WITNESSES: EXECUTNE SERVICE CORPS OF SOUTHEAST FLORIDA, INe. By: Print Name Title Print Name Print Name WITNESSES: COMMUNITY FOUNDATION FOR PALM BEACH AND MARTIN COUNTIES By: Print Name Title Print Name Print Name Page 4 of 4 NONPROFIT RESOURCE INSTITUTE 700 SOUTH DIXIE HIGHWAY, SUITE 201, WEST PALM BEACH, FL 33401 TEL: (561) 802-6280 FAX: (561) 802-6282 REGISTER ON-LINE: WWW.NONPROFITINSTITUTE.ORG CALENDAR FOR 2004 NRI ACADEMY WORKSHOPS ADMINISTRATION/OPERATIONs/GOVERNANCE February 5 9:30am - 3:30pm Risk Management for Nonprofits April 7 9:30am - Noon "To Be or Not To Be" a Nonprofit Oreani7ation April 7 1:00pm - 3:30pm Filing for Your 501(cX3) Tax-Exempt Status April 22 8: 15am - 4:00pm NEW! NONPROFIT DAY: A Bridge to a Better Community May II 9:30am - 3:30pm NEW! Board Training: Developing Strategic-Thinking Boards May 6 1:30pm - 3 :3Opm "To Be or Not To Be" a Nonprofit Organization July I Periodic sessions are offered to evaluate the alternatives to September 9 incorporation and what determines eligibility to file as a December 2 not-for-profit corporation. This is a pre-requisite to receiving technical assistance infilingfor the IRS 501 (c)(3) tax-exempt status. 55 FI'\ \ '\( 1 \1 M \ '\ \(... \I E'\T D \, 55 October 14 8:150am-4:00pm FuND DEVELOPMENT January I 0:00am - Noon through December Mar 29 - Apr 2 All Day for 5 Days April 16 3:00pm-4:30pm April 22 8:15am-4:00pm May 4 9:30am - 4:00pm May 14 9:30am - 3:30pm May 19 9:30am-12:3Opm June 16 9:30am-3:30pm July 23 9:00am - Noon August 18 9:30am-3:30pm September 15 October 5 October 20 October 29 November 4 November 17 9:00am - Noon 9:30am - 3:30 pm 9:00am - Noon 3:00pm - 4:30pm 9:30am - 3:30pm 9:00am - Noon MARKETING & COMMUNICATIONS April 22 8: 15am - 4:00pm April 30 9:30am - 3:30pm August 25 9:00am - Noon September 22 9:00am - Noon September 28 9:00am - Noon November 10 9:00am - 1:00pm SITE* CF CF CF VCRC CF CF CF FREE! Community Foundation's Funding Resource Center CF Library Orientation: Orientation is repeated every other Thursday, with exceptions for the holidays. Pre-registration is necessary. Visit the library often to research grant opportunities. TGCI Grantsmanship Training CF Grant Writers Roundtable CF NOlWROFIT DAY: A Bridge to a Better Community VCRC Fund Development Plans: Strategies for Success CF NEW! Getting the Grant: - the REAL Keys to Success CF Fundraising with Special Events CF NEW! #2 Grant Proposals - Start to Finish CF #3 Proposal Writing, Part I: Problems, Needs, and Results CF JAM-P ACKED! #4 Proposal Writing, Part 2: Program Description CF and Implementation & Practical Evaluation Tools for Measuring Outcomes ENHANCED! #5 Proposal Writing, Part 3: Developing the Budget CF How to Run a Capital Campaign CF 1 on I! #6 Assessing and Strengthening Your Grant Proposal CF Grant Writers Roundtable CF NEW! Grant Proposals: Start to Finish CF Social Entrepreneurship: Starting an Earned Income Venture CF NEW' NONPROFIT DAY: A Bridge to a Better Community Toolkit for Successful Media Relations NEW! Collaterals that Work: Tipsfrom a Graphic Designer Developing Relationships with Corporate Sponsors NOVEL & NEW! Navigating the Charitable Universe Online: ePhilanthropy, GuideStar and Your IRS Form 990 Developing a REAListic Marketing Plan VCRC CF CF CF CF MC PROGRAM DEVEWPMENT & EVALUATION April 22 8: 15am - 4:00pm NEW! NONPROFIT DAY: A Bridge to a Better Community VCRC June 18 9:00am - Noon Measuring Program Outcomes: #1 of2 CF June 24 9:00am - 4:00pm Measuring Program Outcomes: #2 of2 CF July 23 1:00pm - 4:00pm Practical Evaluation Tools for Measuring Outcomes CF August 6 9:00am - II :OOam CoLAB: Orientation & Inventory of Assets and Needs # I of 3 BG August 26 9:00am - 4:00am CoLAB: Facilitated Networking & Idea Roundtables #2 of 3 BG September 9 9:00am - Noon CoLAB: Fleshing Out Collaboration Plans for Partnerships #3 on BG August-Feb '05 8:30am - 12:3Opm United Way's Florida Volunteer Administration Certificate UW PBC Community Foundation for PB & Martin Counties, 700 S. Dixie Hwy, West Palm Beach (561) 802-6280 or (561) 659-6800 Sugar Cane Growers Cooperative of Florida, Sugar House Rd., Belle Glade (561)386.4222 or (561) 996-3310 United Way of Palm Beach County, 2600 Quantum Boulevard, Boynton Beach (561) 375-6600 Vegso Community Resource Center, Jr. League of Boca Raton, 261 NW 13th Street (561) 620-2553 The Blake Library, Stuart Register On-Line: WWW.NONPROFITINSTITlITE.ORG CF BG UW VCRC MC Other Nonprofit Resource Institute (NRI) Technical Assistance Pro2:rams NRI can pro~'ide on-site training at your organization. Callfor additional information for programs and costs at (561) 802-6280 · Checklist for a Healthy Nonprofit · Traveling Board Development Programs · Assessments for Professional Consultant Referrals NONPROFIT DAY: A Bridge to a Better Community April 22, 2004 8:15 am to 4:00 pm A CollaboratIOn between the Nonprofit Resource InstItute at the Community Foundation for Palm Beach and Martin Counties and the JUnIor League of Boca Raton PROGRAM 8:15 - 8:45 Registration and tour of the Vegso Community Resource Center 8:45 - 9:00 Welcome: Peggy Jones, Program Chair, Vegso Community Resource Center Shannon Sadler Hull, President/CEO Community Foundation for Palm Beach and Martin Counties 9:00 -10:15 Panel: "Tips from Funders" Meet your local funders (please refer to separate program) 10:30 - Noon Morning Concurrent Sessions · How to Present Your Organization to Corporations Presenters: Mary Wong, Office Depot and Bob Giftlin, JKG Printing · Legal and Ethical Responsibilities of Nonprofit Boards Presenter: Keith James, Esq., Chairman of the Quantum Foundation Board of Directors · Key Elements of a Successful Capital Campaign Presenter: Peggy Calhoun, CFRE, Principal, Miller Calhoun & Company · Outcomes and Evaluations for Nonprofit Agencies Presenter: Wendy Wolff, MPH, Essential Strategies, Inc. 12:00 - 1 :30 Box Lunch & Roundtable Discussions · Building Strong Boards Facilitators: Robert Irving, President, and Murray Green, VP, Executive Service Corps · Faith-based Initiatives and "Who Has the Funds?" Facilitator: Nancy Kenney, Renaissance Village · Study Circles and Intercultural Understanding Facilitator: Barbara Cheives, President, Toward a More Perfect Union · Working with Major Donors Facilitator: John Gallo, Vice President for Endowment · "How to Get the Most from Your Volunteers" Facilitator: Debbie Abrams, Past President, Junior League of Boca Raton After lunch, take time to visit the Newman-Craske Family Grant Library that offers Foundation Center software containing a searchable database of over 70,000 foundations. Operated by the Junior League, the library is a satellite of the Community FoundatIOn's Funding Resource Center, whIch is a Cooperating Collection of the Foundation Center. 1 :30 - 3:00 Afternoon Concurrent Sessions · Communications: Integrating Marketing & Public Relations Presenter: Terri Neil, Terri Neil Public Relations and Marketing, formerly with SunFest · Human Resources and Employment Law Presenter: Shirley Arline, President, CoWorks International · How to Present Your Organization to Corporations Presenters: Mary Wong, Office Depot and Bob Gittlin, JKG Printing · Social Entrepreneurship: Starting an Earned Income Venture Presenter: Paul Nunnally, President, Savant Ventures, Inc. 3:00 - 4:00 Closing Session R & R: Roaming for Resources Certified Professional Facitator: Bess de Farber, President, ASK, Inc. A Must Do! This interactive hour will provide the best results in the least amount of time for establishing partnerships. Fun and powerful! SOUTH FLORIDA NONPROFIT DAY: MAXIMIZING YOUR IMPACT SPONSORED BY cffiba n k- In Collaboration with · Community Foundation of Broward's Nonprofit Resource Center · Center On Nonprofit Effectiveness In Dade County · Nonprofit Resource Institute at the Community Foundation for Palm Beach and Martin Counties December 3,2004 Nova Southeastern University Ft. Lauderdale, Florida 8:30 a.m. to 3:30 p.m. PROGRAM 8:30 - 9:00 REGISTRATION, NEìWORKING, AND MORNING FARE 9:00 - 9:20 WELCOME from Barbara Romani, CITIBANK Community Relations Director Addressing Culture Change in the Nonprofit Industry 9:30 - 11 :00 SESSION ONE: · Strengthening Nonprofits for Maximum Impact I: Engaging the Community In Your Core Business with Strategic Board Oversight Presenters: Barbara Cheives, Converge and Associates Robert Irving, President, Executive Service Corps of Southeast Florida · Assessing Your Organization: A look at "CapMapping" (Measuring Nonprofit Capacity) Presenter: Annetta Jenkins, Senior Program Director, Local Initiative Support Corporation · Envisioning a Collaborative Future Presenter: Bess de Farber, President, ASK, Inc. 11 :10 - 12: 40 SESSION Two: · Strengthening Nonprofits for Maximum Impact II: A Lifecycle Approach to Nonprofit Capacity Presenter: Ronald Nyhan, Ph.D., Associate Professor, FAU, College of Architecture, Urban & Public Affairs, School of Public Administration, Manager of Master of Nonprofit Management Degree Programs · Executive Transition Management: Capturing the Power of Leadership Change Presenter: Susan Egmont, Principal, Egmont Associates, Boston MA · Diversifying your Funding Portfolio Presenters: John D. Mcllquham, President & CEO, The NonProfit Times Peggy Calhoun, ACFRE, Miller Calhoun & Co. 12:50 - 2:30 LUNCHEON: embank- Partners in Progress Awards KEYNOTE ADDRESS: KEY TO BUILDING STRONG NONPROFITS . . . LEADERSHIP! Presenter: John D. Mcllquham, President & CEO, The NonProfit Times 2:45 - 3:30 Focus GROUP on Nonprofit Needs: Where do we go from here? An informal discussion on the recent local survey on capacity building. FaCIlitators Sheri Brown, Director, Community Foundation of Broward's Nonprofit Resource Center Linda Schotthoefer, Executive Director, Center on Nonprofit Effectiveness, Miami Mary Wyns, Director, NRI at the Community Foundation for Palm Beach and Martin Counties MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ,pv1 AGENDA ITEM ~ q:J - REGULAR MEETING OF DECEMBER 14. 2004 NEEDS ASSESSMENT /SENIOR/COMMUNITY CENTER AND POMPEY PARK TO: FROM: DATE: DECEMBER 10,2004 This is before City Commission to discuss the Needs Assessment Report completed by Tetra Tech for the Community/Senior Center and Pompey Park. Staff has reviewed the Needs Assessment Report and made comments and recommendations which are in the following memo from the Parks and Recreation Director. Commission direction is requested concerning what facilities should be included in the preliminary design for the Western Activity Center and the Pompey Park Center upgrade and expansion. 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QJ .c~~QJ~~m IV ~QJ-g-:5 ~ ~ t: C7)~ ~~-g ~~ <1J u: -5-5~~CII"":::IQ)'<tK !,¿ CII-c a.c 0 > 20:2- 0 N -- V 0 U 0 V ~ ~ 0 - Q);;¡;;:-c.t:....uE"'....:-ECII ;gõõõõ-ºõ~~§::J¡; 'ü - - - - E - CII.2! .t: E-U '" EEEE::¡Ea.oo·xE u- :::I:::I::¡::¡Ec-u~cro:::l .~ ê.ê.ê.ê·xg ~~~:;E ê § f:.f:.f:.f: E i5 0 U ro ~ f: E E E E E -U';:: 1! ~ 0'> E Eooo01~2w1¡¡jo oZZZZI-_Et.nI-IZ v····· .... /2--/h~ 1 ;~': ~;~ ;;:~ \_~ < '. 2004 [IT', F DElAAY BEA[H ~. / ; \~ \, ;. \ DELRAY BEACH f lOR lOA tdb:II AlI·AmericaCity , III I! 100 N.W 1'5t AVENUE DEL RAY BEACH. FLORIDA 33444 561/243-7000 1993 2001 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Needs Assessment - Senior/Community Center & Pompey Park DATE: November 15, 2004 Per your request, staff has reviewed the Needs Assessment for the Community/Senior Center and Pompey Park completed by Tetra Tech. According to the report, the top ten amenities that the Community Center should include are as follows: 1.) Senior Center/Elderly programs/Daycare 2.) Kitchen facilities 3.) Exercise space/equipment 4.) Pool 5.) Internet access/computers 6.) Meeting rooms/multipurpose rooms 7 . ) Gym 8.) Children's daycare facilities 9.) Auditorium 10.) Picnic facilities @ Prmted on Recycled PapA' THE EFFORT ALWAYS MATTERS 2 There were seven responses tied for the 11th place that include the following: 1.} Transportation 2 . } Game room 3.} Classes (various) 4.} Well designed space (bright, airy, etc.) 5.} Space designed for specific activities 6.} Covered drive for inclement weather 7.} Walking path/indoor track The top ten amenities are fairly typical to community centers throughout the country, and staff is in agreement with these recommendations. The ability to incorporate these amenities would be a function of the size of the site chosen for the center and the budget. The Needs Assessment made 8 recommendations of which we are in agreement. These are as follows: 1. } Create within the new facility a Senior Center to serve the communities west of 1-95. The demographics support this recommendation as well as the Elder Ready Community Report Card report completed by the City in November of 2002. 2. } Create a facility and programs that will benefit the overall Delray Beach community. At least half of the facility should be considered multipurpose and the community west of 1-95 should have access to After School programs. A well designed facility could offer both senior and children's day care. Other amenities, such as a swimming pool, gymnasium, auditorium, and kitchen, could be shared by both groups. 3.} Build a facility that will serve a growing community. That is, have flexible meeting spaces, state of the art security, communications and technologies. It should meet the needs of the community for the next 20 - 30 years. 4. } Construct a facility that can serve as a hurricane shelter for the general population as well as the elderly and those who may need special facilities. ' 5.} As space and funding permit, plan and construct exercise facilities and equipment, swimming pool, gymnasium/auditorium, and picnic/playground facilities. 6. } Select a site that is served by public transportation, is near other public places such as schools and shopping, and is more centrally located to the western area of the City. 7.} Plan the facility to be used for a multitude of purposes and age groups. . . . 3 8.) Consider contracting with the Mae Volen Senior Center to manage and start the senior portion of the facility. Mae Volen targets low income and minority seniors, a segment of the population that is hard to reach. Mae Volen is familiar with State and Federal funding, transportation issues, and more. The top four amenities that should be included in the expansion of Pompey Park include the following: 1.) More/expandable meeting rooms. 2.) Upgrade of all equipment (office, kitchen, etc.) 3.) Upgrade auditorium/lighting and sound system 4.) Add police substation There were four responses tied for fifth place: 1.) Have activities for smaller children. 2.) Reading/literary skills library 3.) Fence (replaced?) 4.) Improve/add storage facilities Staff is in agreement with these amenities and with the following four specific recommendations made concerning the expansion: 1.) Expand existing building in order to increase the number and size of the meeting facilities, office space, game and multipurpose rooms. 2. ) Upgrade existing facilities and equipment. Specifically, the size and condition of bathrooms and kitchen appliances should be looked at. 3.) Expand the facility to include a police substation. A predominant opinion expressed was that the substation should be actively manned with continuous police presence to be effective. 4.) Determine which recreation activities need to be expanded to meet demand and which activities are under utilized. Continuous efforts should be made to survey the community and to determine how best to meet the needs and interests. Joet~ ~ Director of Parks and Recreation Ref:dhnatop10 MEMORANDUM TO: David Harden, City Manager fìJ Lula Butler, Community Improvement Director :)- M THRU: FROM: Kendra W. Graham, Community Development Administrator DATE: December 7,2004 SUBJECT: Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) Fiscal Year 2003-2004 ITEM BEFORE THE COMMISSION City Commission approval of the Consolidated Annual Performance and Appraisal Report required by the Housing and Urban Development (HUD) Department of the United States to highlight the annual performance of the City's Community Development programs. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. In addition, HUD requires that each municipality and urban county submit an Annual Performance and Appraisal Report to document accomplishments utilizing CDBG funds during the fiscal year. The CAPER allows HUD, local officials, and the public to evaluate the City's overall performance, including whether activities and strategies undertaken during the preceding year actually made an impact on the goals and needs identified in the Consolidated Plan. RECOMMENDA TION Staff is recommending City Commission approval of the Consolidated Annual Performance and Appraisal Report for Fiscal Year 2003-2004. [)f\ tft1 q;r £IT' DF DELIA' BEA[H Consolidated Annual Performance and Appraisal Report (CAPER) Fiscal Year 2003-2004 Community Development Block Grant (CDBG) DELRA Y BEACH F LOR I D A ***** All-America City , , ® 1993 2001 Lula Butler, Director, Community Improvement Department Kendra Graham, Administrator, Community Development Division City of Delray Beach Community Improvement Department Community Development Division 100 NW 1st Avenue 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 City of Delray Beach Community Development Block Grant (CDBG) TABLE OF CONTENTS I. Introduction...................................................................................... II. Assessment of Actions Taken to meet Three- to Five- Year High Priority Goals and Objectives... .................. ... ........ ......... ........ ....... III. Affirmatively Furthering Fair Housing..................................................... IV. Affordable Housing........................................................................... V. Continuum of Care Narrative.............................................................. VI. Other Actions.................................................................................. VII. Leveraging Resources...................................................................... VIII. Citizen Comments............................................................................ IX. Self-Evaluation................................................................................ X. Additional (Narrative Statement) Issues..................... ........ ....... ............ a. b. c. d. e. Use of CDBG Funds in Relationship to Consolidated Plan.............. Efforts in Carrying out Planned Activities..................................... Benefiting the National Objectives....... ... ........ ........... ....... ......... Activities I nvolving Occupied Real Property................................. Economic Development Activities Undertaken............................. XI. Public Participation I Additional Requirements ...................................... XII. Attachments Table 1. Measurable Targets vs. Accomplishments in Housing Map of CDBG Target Area IDIS Generated Reports ii 1 1 - 3 3-4 4-5 5-6 6-9 9 9 9 -10 10-11 10 10 11 11 11 11 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 I. INTRODUCTION The City of Delray Beach's Five-Year Consolidated Plan outlined strategies to achieve decent housing, a suitable living environment, and expanding economic opportunities principally for the benefit of very low-, low- and moderate-income persons. The Consolidated Plan is updated every year through an Annual Action Plan, detailing the activities to be undertaken and resources to be used to achieve the goals and objectives of the 5-Year Plan each year. The City has made significant progress in the achievement of its overall five-year strategy of objectives and priorities. The CAPER (Consolidated Annual Performance and Evaluation Report) reports on the accomplishments of each Annual Action Plan. It provides a concise reference to compare anticipated work with actual performance. This CAPER focuses on Fiscal Year October 1, 2003 through September 30, 2004 - the fourth program year of the current Five-Year Consolidated Plan. This Report was made available for a 15-day public review and comment period beginning December 11 through December 26, 2004. Copies were placed at the Delray Beach Public Library and the Department of Community Improvement Community Development Division offices, located at 100 NW 1st Avenue, Delray Beach, FL 33444. II. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE- YEAR HIGH PRIORITY GOALS AND OBJECTIVES During the 2003-04 Fiscal year (October 1, 2003 through September 30, 2004), the City of Delray Beach continued its efforts to further stabilize deteriorating conditions and revitalize neighborhoods throughout the Community Development Block Grant (CDBG) Target Area in order to improve the overall quality of life for our citizens. The City of Delray Beach has continued its efforts aimed at forming and supporting neighborhood associations, beautification, street and infrastructure improvements and development of the historic downtown area. The Strategic Plans outline (among other things) various issues requiring concentrated efforts and the continued investment of future resources (such as neighborhood revitalization, redevelopment, economic development, human relations, etc.). Residents of the City's Target Area highlighted additional priority needs such as owner- occupied rehabilitation, crime prevention, sidewalk installations and neighborhood associations. As a direct result of the City's on-going comprehensive rehabilitation and homebuyers programs, property values have continued to increase and the goal of stimulating the housing market through private construction activity has been met. The Department of Community Improvement continues to provide concentrated code enforcement, investments in infrastructure, neighborhood improvements, opportunities for homeownership and housing rehabilitation through the various programs and investment strategies highlighted in this annual report. To accomplish the goals set for neighborhood revitalization direct benefit in the form of housing and various other identified needs, the City made funding available from the Community Development Block Grant (CDBG) Program ($714,000), State Housing Initiatives Partnership (SH I P) Program ($489,418), City funded Neighborhood Housing 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 Program ($185,010), Department of Alcohol, Drug Abuse and Mental Health (ADM) Substance Abuse Grant ($150,137), Children Service Council (CSC) Grant ($766,000), and the Community Redevelopment Agency Loan Subsidy Program ($100,000). A total of $2,338,565.00 was made available to provide community identified priority needs benefiting very low, low and moderate-income residents during the 2003-2004 Fiscal Year. The City continues to seek out partnerships opportunities and to deploy its resources in a manner which leverages additional financial and human resources. In 2004 the Children Service Council (CSC) of Palm Beach County decided to pull its funding from a local non- profit grass roots initiative, the City lobbied for and was awarded the grant dollars in the amount of $766,000, ensuring some much needed services would continue to be available to families residing in the CDBG target area. The City partnered with CSC in a competitive process to select a new non-profit partner that is now responsible for implementing 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-eight percent of the student population qualifies for free lunch under the Federal designation of poverty. The Community Development Administrator is a part of the City's Transitional Management Team having oversight of and providing technical assistance to the non-profit partner. The City is pleased to report that it was successful in meeting the housing delivery goals established under its Annual Action Plan, assisting twenty-six (26) housing units utilizing funding provided under the SHIP program. In addition, the City has expended over $100,000 in SHIP Disaster assistance funds for eligible households, benefiting approximately thirty (30) homeowners. Housing investment activities included existing owner-occupied housing rehabilitation, lead- based paint testing and abatement, exterior improvements, rehabilitation of investor-owned properties and first time homebuyer purchase assistance programs. 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 reporting period, the Department also addressed the following "High Priorities" listed in the Consolidated Plan as "Priority Community Development Needs": Neighborhood facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Youth Services, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non-CDBG). Individual priority accomplishments are reflected below by funding source. CDBG funds were also utilized for the demolition and clearance of unsafe, abandoned (vacant), and dilapidated housing units. Funds provided direct monetary assistance for subsidized childcare services, neighborhood street patrols, drug prevention, development of neighborhood associations, housing counseling and emergency intervention programs, targeted area sidewalk installation, recreation facilities improvements and promotion of fair housing. All funded activities are considered to be "High Priorities" in accordance with the City's Five Year Consolidated Plan. 2 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 Geoaraphic Distribution of Funds All activities undertaken during the program year were carried out primarily in the Community Development Block Grant (CDBG) Target Area (see attached map). The CDBG Target Area consists of the following census tracts and block groups in which 51% of the persons residing in these areas have incomes at or below 80% of the 2000 median family income of the MSA: Census Low/Mod Black Hispanic White Asian Other Tract/Blk Population Group 67 74% 2052 83 121 11 33 68.01 72% 4541 631 947 46 387 68.02 82% 2499 311 369 18 105 65.02 74% 1050 0 903 55 64 III. AFFIRMATIVELY FURTHERING FAIR HOUSING During this program year (03-04), the City of Delray Beach continued to focus attention on the delivery of housing and the problems associated with citizens' ability to access/obtain affordable housing. Issues and problems faced by the City of Delray Beach are similar to those experienced throughout the entire Palm Beach County area. Some of the identified impediments are as follows: 1. Redevelopment successes have inherently translated into increased land costs for additional infill development; this overall increase in costs acts as a barrier. 2. Economic and educational barriers continue to inhibit homeownership opportunities in some cases. 3. There are no comprehensive pre and post-closing credit and budget counseling services available to homebuyers. Services are needed in order to ensure stability of ownership and long term affordability. 4. The lack of marketable titles for numerous remaining vacant parcels within the CDBG and CRA Target Areas has translated into a decrease in the flow of new affordable unit construction in recent months. This has negatively affected Habitat for Humanity's mission in Delray Beach as well. Recommendations for Overcoming the Impediments to Fair Housing 1. Continuation of the City's commitment to grant subsidy programs providing gap financing for very low and low-income households and homebuyers. The City's collaborative housing delivery system and effective programs have streamlined the process of affordable unit development. 2. The City's Local Housing Assistance Plan (LHAP) was revised to increase the median area purchase price limit for new construction and acquisition rehabilitation. 3. Increased educational training programs and meaningful economic development initiatives may assist with specific barriers. 4. Comprehensive pre and post-closing housing counseling is being provided as a component of the City's Housing Renaissance Program by a certified agency which will assist with long term affordability barriers. 3 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 5. Finally, only a true change in the hearts and minds of people and organizations that purposely, strategically and illegally create impediments and barriers to fair housing will bring lasting and meaningful change. Until then, issues of residential segregation, NIMBY, basic human rights violations and other activities aimed at perpetuating unfair and illegal practices will persist throughout society as a whole. During this review period the City of Delray Beach continued to provide CDBG assistance to the Fair Housing Center of Greater Palm Beaches (FHC) Inc., a non-profit fair housing organization. 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. conducted a total of four (4) educational workshops/seminary as contracted. The same were provided for civic organizations, students at area schools, local realtors, and community based organizations. IV. AFFORDABLE HOUSING ACTIONS Eliminating barriers to affordability is a primary objective of down-payment assistance programs and grants for housing rehabilitation. During this review period, the City continued to promote affordable housing through its Community Development Division. Various resources (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. The Five-Year Consolidated Plan determined that all three household income categorized are prioritized as follows: Very Low-Income 0-30% "High", 31-50% "High", 51-80% "High". During this review period, priority housing needs were addressed as follows: A. Owners Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers with children; and Moderate-Income (51-80% MFI) First-Time Homebuyers with Children. Community Deve/ooment Block Grant (CDBG) Contracts for the substantial rehabilitation of five (5) owner-occupied units funded with CDBG dollars have been awarded with work currently underway. Ten (10) owner-occupied units were completed with increased SHIP funds received at the end of the program year. State Housina Initiatives Partnershio (SHIP) Proaram (for owner-occuoied rehabilitation) Ten (10) owner-occupied units were completed (full rehabilitation) with a total of $166,245 in SHIP Program funding, providing housing rehabilitation at approximately $16,624.50 per unit. Eight of the assisted households were within the very low-income category. Two assisted household were within the low-income category. Nine of the households assisted are classified as Black, non-Hispanic and the remaining assisted household is classified as White, non-Hispanic. City of Delrav Beach Neiahborhood Housina Proaram - Bootstrao Rehabilitation Proaram (for owner-occuoied rehabilitation) Six (6) owner-occupied units were completed (exterior improvements) with a total of $41,766.10 in City funded Bootstrap Program dollars, providing improvements at approximately $6,961.02 per unit. Two of the assisted households were within the low-income category. The remaining four assisted households were within the moderate-income category. Four of the households assisted are 4 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 classified as Black, non-Hispanic. The remaining two households assisted are classified as White, non-Hispanic. Community Redevelooment Af/encv - Interest Free Loan SubsidY Prof/ram (for exterior imorovements to residential and commercial structures within the Redevelooment Area' A total of three (3) units were completed during the reporting period under this program. B. First-time Homebuyer (Renaissance) Program Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers with children; and Moderate-Income (51-80% MFI) First-Time Homebuyers with Children. The City continued its efforts to increase homeownership opportunities for area residents through the continued funding and partnership of the award-winning Delray Beach Renaissance Program. During this program year a total of (10) ten first-time homebuyer subsidy assistance awards were approved by the City Commission and committed to eligible homebuyers. The primary funding source for this continued initiative is the State Housing Initiatives Partnership (SHIP) Program. A total of $143,062 was approved and committed during this time. Three (3) of the households assisted were within the very low-income category. Seven (7) of the households assisted were within the low-income category. The average subsidy assistance award provided under the SHIP component of the first- time homebuyer program during this program year was $14,306.20. Additional subsidy assistance packages are currently being reviewed. Habitat for Humanitv South Palm Beach County Through the use of funding made available under the Neighborhood Housing Program section of the Community Development Division, the City continued its efforts to acquire and convey vacant buildable lots to Habitat for Humanity of South Palm Beach County. This relationship has existed for several years and serves to assist both Habitat and the City of Delray Beach. When lots are donated, the value of the land donation serves to limit the cost of each individual home purchase for Habitat clients. Concurrently, the City benefits from additional ¡nfill housing opportunities and property tax revenues. The proposed home(s) will benefit families with an income that falls below 80% of the median for Palm Beach County. V. CONTINUUM OF CARE NARRATIVE During this reporting period, CDBG funds were allocated to the Urban League of Palm Beach County for purposes of providing credit counseling, emergency intervention programs and referral services (many of which prevent further occurrences of homelessness). The services provided to very low and low-income families are designed to intervene and educate in an effort to prevent further incidences of homelessness. During this time, the Urban League's South County Office provided these services to approximately 84 eligible households in the City of Delray Beach. Funds were also provided to FHC, Inc., in support of fair housing outreach and education. Fair housing workshops and seminars are designed to benefit all persons (particularly those normally subject to housing discrimination). A total of five workshops/seminars were conducted within the City of Delray Beach. Staff of the City's Community Development Division continued their involvement with the Palm Beach County Continuum of Care Collaborative, Affordable Housing Collaborative (United Way), Local FEMA (Emergency Food and Shelter Program) Board (United Way), Homeless Coalition, and other groups and agencies working toward the irradication of homelessness, provision of affordable housing and other community development initiatives benefiting low-income persons and those with special needs. 5 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 A comprehensive (seamless) Continuum of Care strategy/system has been developed and is successfully functioning in Palm Beach County. Under the auspices of the Homeless Coalition of Palm Beach County, Inc., and in concert with PBC government, together with dedicated representatives of local government, business, homeless provider agencies, formerly homeless persons, advocates, and other interested participants, regular meetings of the Service Provider Network are conducted to provide a forum for information sharing and for discussion of issues relating to homelessness and service to the homeless. The Continuum of Care System also plays a key role in Palm Beach County's application to HUD under the Super-NOFA for the Supportive Housing Program. The PBC Continuum of Care Collaborative coordinated the mini-application process to select the agencies that would apply directly to HUD for funding. During this program year (2003-04) a total of eighteen (18) agencies received grants through a Continuum of Care Super-NOFA. The agencies contracted directly with HUD and funds totaling $2,957,006 were disbursed in support of transitional housing and support services for homeless individuals and families on a countywide basis to assist the homeless in their transition from homelessness to self-sufficiency. In addition, during this review period the Homeless Coalition provided coordinated development of the Homeless Assessment Center for Palm Beach County, which is due to open in January, 2005. The Center will provide emergency shelter during initial assessment, which will include substanèe abuse screening, medical, psychological and social needs assessment. VI. OTHER ACTIONS The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community driven Visions process. The City has received three Blue Ribbon "Best Practices" awards from US HUD for our programs and services. The City continued its support of affordable housing delivery by adhering to its Housing Incentives Plan. The Plan was adopted during FY 1994 and includes the following: · The One Stop Shop Permitting process which reduces the average number of days required for plans review (from 15 to 5 days). · The waiver of permit fees for projects that are sponsored by non-profit agencies, fees related to building, paving and irrigation permits. This commitment represents an estimated $1,200 per unit reduction to the cost of building a unit. · The payment of impact fees (since unable to waive) will be paid by the City when it can be demonstrated that the cost savings will be passed on to the buyer. · The reduction of parking and setback requirements, allowing one of the required two parking spaces for s-f dwelling units to be located within the side setback. This provides a cost reduction of approximately $500 per unit. · Reduction of Landscape Requirements: reduces the amount of previous lot area required to be planted in shrubs and ground cover by 10%. It is estimated that this saves approximately $1,200 on the cost of building a unit. In addition, the Housing Incentives Plan was amended to increase the purchase price limit in order to more accurately reflect the area median price for the Palm Beach County MSA. As a result of these "incentives" as well as the City's various housing programs described throughout this document, the City of Delray Beach continues to successfully address and overcome universal "obstacles" to meeting under served needs, foster new and maintain our current inventory of affordable housing and eliminate identified barriers to affordable housing. 6 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 Actions to overcome aaDS in institutional structure The City of Delray Beach Department of Community Improvement (CD Division), in partnership with other public, private and non-profit agencies, formulated and developed the tremendously successful "Del ray Beach Renaissance Program." Through a Memorandum of Understanding which includes specific policies and procedures, the partners under this agreement have agreed to pool all available resources, talents, techniques and expertise into one coordinated housing delivery program (for homeownership). Participants include the City of Delray Beach, Delray Beach Housing Authority, Delray Beach CRA, TED Center, Delray Beach CDC, and Community Financing Consortium. Actions to enhance coordination The City of Delray Beach is recognized as a leader in establishing and maintaining meaningful collaborative relationships and initiatives. As described throughout this report, the City is involved as a partner in various such efforts. Additionally, the PBC/Delray Beach HOME Consortium has helped foster strong intergovernmental relationships during the past few years. The Consortium has provided additional homeownership and owner-occupied rehabilitation funds for residents of the City. This agreement has provided opportunities to continually interact with County staff, various non-profit agencies, private builders and lending institutions. However, during this reporting period no funds were expended from the HOME Program. Actions to ImDrove Public Housina and Resident Initiatives The Delray Beach Housing Authority (DBHA) continued its commitment to improve the quality of life for both Public Housing and Section 8 residents during this reporting period as well. DBHA programs provide viable, substantial alternatives to participation in crime and drug activities. They are also designed to promote true self-sufficiency through economic development. The following programs are among the strategic and tactical plans undertaken to meet the goals consistent with the goals of the Consolidated Plan. The following activities and services were provided to residents: a. Family Self-Sufficiency Program The DBHA's Family Self-Sufficiency Program provided economic support and case management to approximately 57 Section 8 and 20 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 20 families obtain homeownership and several families are in the process of purchasing a home. The FSS Program is a collaborative effort between the Delray Beach Housing Authority, the Children's Case Management Organization, Inc. and the Family Full Service Center. The ultimate goal of the program is to reduce families' dependency on housing and economic subsidies by providing significant linkages to sources for employment, education and other services consistent with this goal. b. Residents' Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at the monthly meetings has an average of 35 residents. c. Carver Estates Youth Program The mission of the Carver Estates Youth Program (CEYP) is to encourage and nurture positive lifestyles by offering academic, recreational, cultural and social program for the youngsters of Carver Estates. There are approximately 400 children living in the public housing complex. The CEYP serves up to 50 children from grades K-12. The DBHA provides an annual contribution of $20,000 plus in- kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. 7 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 Security and Crime Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full-time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Actions to ImDrove Resident Initiatives As described above, the City of Delray Beach provides general revenue dollars in support of the local Bootstrap Rehabilitation Program. However, general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. This local program provides funding for a full-time Neighborhood Program Specialist position, responsible for the coordination and development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. This networking/coordination function has proven highly beneficial to the City and our residents. The Neighborhood Program Specialist worked to establish new associations during the program year and to build capacity of existing groups. Funds provide for numerous monthly mailings and public notice advertisements. The Program also provides funding in support of a community garden located within the SW Section of the City's CDBG Target Area. Volunteers from the community, actively care for the garden. Under the Neighborhood Housing Program, funding is provided annually in support of land acquisition and conveyance to Habitat for Humanity of South Palm Beach County, neighborhood clean-up campaigns, our local adopt-a-street and adopt-a-tree programs, the highly successful Paint-Up Delray program (8 individual homes were painted this year by dedicated volunteers), a locally initiated Competitive Neighborhood Grant Program, and numerous other events and activities. The Neighborhood Program Specialist also works closely with the Police Department, the Chamber of Commerce (coordinating special events), area businesses, social service agencies, and other City Departments. 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 (Le., at risk children under 7 years of age). When providing assistance under its housing programs, the City continues to provide all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City's Housing Rehabilitation Specialist has been designated a certified Lead Inspector and the City utilizes the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promoted to local contractors the "Lead-Safe Work Habits" training. Proaram ComDliance and Plannina Reauirements The City monitors Plan implementation through constructive record-keeping of project execution details, on-site inspections and maintaining close functional links with service providers, economic organizations, neighborhood groups and target beneficiaries. Staff involvement in housing and community development organizations and their activities provide the Staff with valuable insight into the needs of low- and moderate-income persons. Focus groups and citizen meetings, conducted as part of developing the Five-Year Consolidated Plan, provided opportunities to share information and hear about 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.mvdelravbeach.com Anti-Poverty Measures 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 and affordable housing for very low-, low- and moderate-income households. Specific activities include owner rehabilitation, emergency repair, homeownership, code enforcement, demolition/clearance, support services 8 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 (including fair housing and housing counseling services), working with affordable housing providers, assisting non-profit and for-profit developers to initiate new construction activities, and working with at-risk homeless and "special needs" providers. The second approach is to establish healthy neighborhoods through balanced, diverse development of public facilities, infrastructure, housing, commercial, recreational and safety activities. Specific activities include efforts to provide infrastructure with street improvements (including handicap accessibility) throughout the city with emphasis on CDBG target areas; public services through Fair Housing counseling; capacity-building and administrative assistance to neighborhood organizations; public facilities assistance by improving parks, and supporting efforts of other community development providers in public service, public facility, transportation and safety activities. Economic development represents the third facet of the city'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 promoting downtown revitalization, supporting non-profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. VII. LEVERAGING RESOURCES The City of Delray Beach's successful housing programs have enabled the direct leveraging of substantial match dollars in the form of first mortgages through private lending institutions, Palm Beach County Government, US HUD, and other local funding providers. VIII. 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 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 this report. IX. SELF-EVALUATION The City of Delray Beach successfully accomplished numerous housing rehabilitations, emergency repairs, new homeownership deals, public service activities and units of service, and other community development initiatives during this reporting period (FY 2003-04). 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. The City's local housing Renaissance Program continued to generate impressive numbers of new affordable housing units. Our local non-profit partners continued processing successful homeownership packages this year, enabling the City to meet and exceed our projections. Overall investment by area builders as well as non-subsidized homebuyers has continued to compliment the City's redevelopment efforts during this time. Active code enforcement, citizen patrols, drug prevention programming, installation of sidewalks, park and facilities improvements, 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. The City's Housing Renaissance Program completed its twelfth year of an extended agreement. The program has proven over the years to be an effective collaboration of housing organizations working in tandem to increase the availability of affordable housing units throughout the City of Delray Beach. The delivery system played a major role in the award of three "Best Practices" awards from US HUD. The City's various housing improvement and production programs have continued to provide a firm foundation for our current and planned redevelopment efforts. Continued improvements undertaken throughout the CDBG Target Area utilizing CDBG dollars, in turn, compliment our annual housing accomplishments. By targeting our efforts 9 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 geographically and allocating CDBG dollars toward "High Priority" concerns/issues identified in the Five-Year Consolidated Plan, the City continues to impact our identified needs and experience positive results. Based on the positive results of previous years, the City will continue to partner with local community groups, neighborhood associations, the local Housing Authority, CRA, non-profit partners and the private sector in our efforts to maintain the quality of life for which the City was recognized as an All-America City in 1993 and 2001. The program objectives identified in the City's Five-Year Consolidated Plan and Annual Action Plan for FY 2003-04 remain consistent and are being met over time. Public participation throughout the year determined that the need for increased affordable housing, street and infrastructure improvements in the CDBG Target Area persists. Since the City's annual CDBG allocation is limited, it will be necessary to continue partnering with other City Departments for collaborative drainage projects utilizing multiple funding sources. X. CCSG NARRATIVE STATEMENT a. Use of COBG 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 through our Visions 2000, 2005, 2010 and Five- Year Consolidated Planning process. During this reporting period alone, the Department again 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/and/or recreational facilities, sidewalk improvements, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provide individual priority accomplishments, particularly when discussing affordable housing preservation and development. With the exception of one individual residential unit demolition and clearance activity (removal of slum and blight on a spot basis) completed during this reporting period and fair housing services provided by a subrecipient agency, all CDBG funds expended during the 2003-04 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. Alpha-Time Children's Center The Center is located on-site at the Delray Beach Housing Authority and provides uninterrupted childcare services for very low-income families residing in the Target Area. During this reporting period, CDBG funds in the amount of $10,000 were provided to the agency in support of one part-time service delivery position. A total of _ unduplicated children received the direct benefits of this programming effort. 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 $30,000 were provided to the agency in support of one part-time service delivery position. A total of 433 unduplicated children received the direct benefits of this programming effort. Urban Leaaue of Palm Beach County. Inc. The South County Office of the Urban League provides services to very low and low-income residents of Delray Beach. The services (housing counseling and Emergency Intervention Programs) are designed to intervene for and educate residents regarding issues of 10 2003 Consolidated Annual Performance and Evaluation Report October 1, 2003 - September 30, 2004 homelessness and to prevent further incidences of homelessness. During this reporting period, CDBG funds in the amount of $12,000 were provided to the agency in support of the partial salary of one service delivery position. A total of 215 persons received the direct benefits of this programming effort. b. Efforts in Carryina Out Planned Actions All projects and activities included in the approved Annual Action Plan for this reporting period (2003-04) have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the IDIS generated reports. c. BenefitinQ 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 activities 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 Involvina Occuoied Real Prooertv As provided in various sections of this report, 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 Develooment Activities Undertaken and Other Issues During this program year, $15,000 in CDBG funds was provided to The Palm Beach County Resource Center to provide management and technical assistance services to eligible business owners or prospective businesses located within the established CDSG targeted area. Services included all aspects of business planning, compilation of loan/bonding packages, matching firms with opportunities, and procurement assistance. Also, during this reporting period, various activities were undertaken which serve to benefit a limited clientele (not falling within one of the categories presumed limited clientele low and moderate-income benefit). These activities (in accordance with 208(a)(2)(1)(A,B, and C) are monitored by the Community Development Division to ensure that at least 51 % of the activity beneficiaries are income eligible. Recipient agencies providing services under this National Objective classification/citation are required (by contract) to provide monthly reports, including but not limited to a monthly Direct Benefit Activity Form. Annual site visits/monitoring sessions are conducted, during which client files are examined for supporting income documentation and verification. XI. PUBLIC PARTICIPATION I ADDITIONAL REQUIREMENTS In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment for a period of at least fifteen (15) days prior to submission to the HUD Field Office. No public comments were received. Please see attached newspaper advertisement published locally. The completed CAPER (performance report) is also available for examination by the public upon req uest. XII. ATTACHMENTS Table 1. Measurable Targets vs. Accomplishments in Housing Map of CDBG Target Area IDIS generated reports 11 * * *>-3 Z(1) o ::::s --- .§ - "t:S$ ~§ a ~. õ' fñ ::::s ~ tn (1) ~ ~ ~ ("J -·0 ~.§ e:- ~~ o (1) ("J 0- ~ ~ 8.g: § æ g.~ "1 0- ¡;.~ ~ ~ (1) ëi1 ~I o ..... ~~ š ~ tn 0 tn ..... o 0"" .g ii' [ ~ "" 00 .... ~~ 0) ~ o ~ w 01 ~ - 0'\ 0'\ tv .þ. ~ v- a "" ~ o 00 ~ w ... (10 ~ $JO CD 0 ~ : ~ m ~ o o : ~ I'.) ~ <.c 0'1 0'1 C:.n o -Eß 01 -.. ï-..> 0) -.. 01 00 -Eß ~ 01 CD -Eß ~ ~ w w o "" ~ :,:.. .þ. ~ .þ. ~ 00 01 ::uo CD ~ ::T::J ~CD --7 ;:;:0 II) (') ~(') o C ::J't:J (j)' C. ~ "" ~ "" CD eN _0 o w :a. I ªg æ... o .. ~ .þ. 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I. . . ~=n~1 u - . _I~G -I ',' Imm= < ~ -.... ¡ III. ~_Il'" ::'1' f ~~~ gIE '""'G· - -- ~_. ir ~·allll~ ffiËB~ \1£ - \ .rpr r=ïl -:...-.;..,- == I ~ ¥f u: ~ __. l1 - UI ~ ill r....- .\~ == L1rr.o w -:. ~ * :. Lit ~1(ll If' e.oJ:J.UJ III ~ ~ j/~ Pm f-cr ~ 4rrf1 ~ ·~r _::n".. ~, IT ~11 ;¡¡ æ ~~ , I J , ' I I , 'II~ -Pt-ð ~ ~ I i-t: ]] " -=:' 8HillIffiE I ~ I~ E \ Hffi " (I~;B I- ~ .w~ ~ ~ ' r. 7 ""'-'")II - ~- =:;:~'// ~ :~I I- 'c.- .--' , _11i- =J ,'H" I , -:-= n.-;;,.. E!l?§J/¡1t. =r::-..-...-.-, I c::; J ~!h~ :- ._, ~ __ ~~- II/~ r",,,. o~# ~_-'I'=: ~ ~ 1/ ;¡ 17'/ I~...= ! I':::::' ." := -- L r-- . I?J:' ;::: ~ ~ JI!lJ! -I (, I . " L I ~ _ _ 1-'1 I If 5 ~ - = ~=' -=- ="/1' ~ ;: f- .:.:-I~l! ØÁ~:=- - W1J:~ ~Plrr\ C§) r:;:- ]T _ )~- -f-- -=- \ __ ~ I 1i11ll~:¿GI-~''':I'!i" ,: Z·""~ tJ~ . : I--- I~, ~ -.æ- :::::;w lID 'J'" .. l~ I:' " '_D I "¡L - I- -Ií .-. ~ N - COMMUINJ~1Y rDlEV{ElOPMlEU\JJ1" f8l0CrK G~A~1-1AR{G!E1 AREA r~^NNINC IJrrMIT....rN I (IIY Of 1)\1 iU\'( tJ, A( II II OfCllA 11/1 'Ji MAl' " Y', II AI MAi' I~ , I M^Uú [ITY DF DELAAY IEA[H CITY ATTORNEY'S OFFICE 2i!O '\iW ht~Vr'\lE· DLLR~Y BE~CH. FLORIDA 33444 1 Fl f PHO'\ L "6 I ¡:T,- :i!()() . F-\C<;I\IlL[ "6 I 12ì8-4755 DELRAY BEACH Wnter's Direct Line. 561/243-7091 FLU R -..ed AII·America City MEMORANDUM " III! DATE: 1993 TO: 2001 December 3, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Collection of Outstanding Dockage Fees - Permission to LitiQate in Small Claims Court A former marina resident owes the City $1,508.20 for dockage. Letters and e- mails have been sent, but no response has been received. The purpose of this request is to obtain your consent to the filing of a small claims case to obtain a judgment that can be collected or filed against the former marina resident. We expect that between the filing fees and other expenses, we will expend approximately $500.00 on this case. ~e this matter on the December 14.2004 consent agenda for approval. »1 9\Z. ~ _-, r _ " ~1'-' 'c £IT' DF DELIAY IEA[H . " . ~, .. CITY ATTORNEY'S OFFICE 200 ~W 1st AVENlTE' DELRAY BEACH. FLORIDA 33444 TELEPHONE: 56 [/24:1-7090' F-\CSI~nLE 561/278-4755 DELRAY BEACH ~ Ail-America City December 3, 2004 " III! Mr. Bibb latane' WRITER'S DIRECT LINE 561/243-7091 1993 2001 4521 South Ocean Boulevard Highland Beach, FL 33487 Subject: Marina Dockaae Dear Mr. Latane': Our office has not heard a response back from you with regard to the letter sent to you on November 4, 2004. The letter requested that you contact our office by November 10, 2004, in order to work out a payment plan on the amount of dockage fees that you owe to the City of Delray Beach. I have tried through correspondence, telephone calls and e-mails to come to an agreement with you in order to avoid legal recourse, but since you have failed to respond, I plan to place this matter before the City Commission at their meeting of December 14, 200 for authorization to proceed with legal action. Sincerely, CI SAR:ci Cc: Joe Weldon, Director of Parks and Recreation Carole Pierpont, Executive Assistant £ITY DF DELIAY BEA[H . .! ~ ~~- ."',- '\ , -- ~- .> '_,"r ~. ~- - .Þ'" CITY ATTORNEY'S OFFICE 200 NW ht AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE. 561/2·+3-7090' FACSIMILE: 561/278-4755 DElRAY BEACH , L 0 . I D " _November 4,2004 , III I! Mr. Bibb Latane' 1993 4521 South Ocean Boulevard 2001 Highland Beach, FL 33487 WRITER'S DIRECT LINE 561/243-7091 Subject: Marina Dockaae Dear Mr. Latane': I have called you in order to work out a payment plan, if possible, on the amount you owe the City for dockage fees. Please contact me at 243-7091 by Wednesday, November 10, 2004, so that we can come to a mutually satisfactory resolution of this matter. I am trying to avoid other legal recourse, and would appreciate it if you would contact me as stated above, to work this matter out in a manner acceptable to you and the City. PLEASE GOVERN YOURSELF ACCORDINGLY. Sincerely, By: usan A. Ruby, Esq. City Attorney SAR:ci Cc: Joe Weldon, Director of Parks and Recreation Carole Pierpont, Executive Assistant L.5- C>~. 0ð I [I~Y DF DELIAY BEA[H CITY ATTORNEY'S OFFICE DElIA. Y BEACH ~ ~1Ir, 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 WRITER'S DIRECT LINE 561/243-7091 August 23, 2004 Mr. Bibb Latane' 4521 South Ocean Boulevard Highland Beach, FL 33487 Subject: Marina Dockaae Dear Mr. Latane': In January of this year, you e-mailed Carole Pierpont, asking that she send you a note regarding the monies you owe the City for dockage, etc. Ms. Pierpont sent you a breakdown stating you owed $1,508.20 if you did not return the keys and $1,468.20, if you returned the keys. You were asked to make your check payable to the City. At this time, we respectively request that you make full payment of the amount due the City, as outlined above and send it to the address set forth above. Please remit your payment by September 1, 2004. PLEASE GOVERN YOURSELF ACCORDINGLY. Sincerely, CI By: A. Ruby, Esq. City Attorney SAR:ci Cc: Joe Weldon, Director of Parks and Recreation Carole Pierpont, Executive Assistant Page 1 of2 Pierpont, Carole " From: Pierpont, Carole Sent: Friday, January 09,20049:33 AM To: 'Bibb Latané' Subject: RE: Squat has moved Mr. L.atane- t'OIOW1ng IS a DÆ8kaown of the tobd of $1.50820 you owe Ute City of DeIray Beadt Dockage for October, 2003 . $515.16 Late fee for October. 2003 ~ $25.00 Dockage fOr November, 2003 - $515.16 LaIB fee fer November. 2003 - $25.00 Dodœge for December, 2003 ~ $515.16 Late fee for December. 2003 - $25.00 Dockage for January, 2004 - $515.16 (under Section 1 Co of the Uœnse Agreement. you are to giVe ttle manna 3Q daYS' written notiCe) 2 marina buUding keys at $20 each - $40.00 (we WOI..ùd mucn rathef nave tne Keys returned. AS you Mow. we spent a great øea! of money on ttle mEHina widing renovatiOn.) That comes to a total of '2.175.64 0\Wd. From that amoufIt, 1Ne subtraCted your last month's dOCkage at the Old rate ifn the ao'Iount or 5343-44 and your security in the amount of $324.00. This comes to a total of $1,508.20, or $1,468.20 if you retum the marina building keys. Please make the check payable to the City of Delray Beach and advise when we may expect payment and if there is anything we can do to facilitate delivery. Thank you. Carole Pierpont I would appreciate a breakdown-- Thanks, Bibb Latané -- Original Message --- From: Pierpont. Carole To: Bibb Latané Cc: Connell. Richard; Weldon. Joseph Sent: Friday, January 09, 20048:47 AM Subject: RE: Squat has moved ~JO r,Z 0 / ¡,VIa ~s '"I¡ ¿¡' ¡ Y. ;J.. iJ - . wi ktJ-5 -----Original Message----- From: Bibb Latané [mailto:latane@seafrolic.org] Sent: Friday, January 09,20048:54 AM To: Pierpont, Carole Subject: Re: Squat has moved Mr. Latane - The amount you owe the City of Delray Beach is $1,508.20. However, if you return the 2 marina building keys you received on January 14, 2003 for which you signed, you only owe the City of Delray Beach $1,468.20. If you would like a breakdown of this total, please e-mail me or call me at (561) 243-7252. 1/13/2004 Page 2 of2 Thank you and Happy New Year. 11" Carole Pierpont -----Original Message----- From: Bibb Latané [mailto:latane@seafrolic.org] Sent: Friday, January 02,20044:17 PM To: Pierpont, Carole Subject: Squat has moved Hi Carol, These problems with the insurance carrier are just too much--so I have moved Squat to another dockage space. Thanks for your patience all these months, and please send me a note specifying what I owe. --Happy New Year, Bibb Latané 1/13/2004 [I" DF DELIA' IEA[H DELRAY BEACH , L 0 . IDA tIaztI All-AmerIca City 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 561/24Fr::;C: " II I! 1993 November 18, 2003 Mr. Bibb Latane' 4521 South Ocean Boulevard Highland Beach, FL 33487 Dear Mr. Latanel: Your account for the municipal marina is delinquent for the months of October and November, 2003 in the amount of $1,030.32 plus $50 in late charges which comes to $1,080.32. This amount must be paid in full within ten (10) days of the date of this notice. The difference in your last month's dockage of $171.72 is also due. In addition, we need your signed License Agreement and a copy of your current boat insurance. All payments must be received or last-postmarked by the tenth of each month. Please remit your payment to the Parks and Recreation Administration Office located at 50 N.W. 1st Avenue in Delray Beach. Our hours are 8 AM to 5 PM Monday through Friday. If you have any questions, please feel free to contact me. has already been made, please disregard this notice. If payment Sincerely, tMI' Rich Connell Assistant Director of Parks and Recreation RC:cp Ref:latedock @ PrInted on Recycled Peper THE EFFORT ALWAYS MATTERS Jf( [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 2()() I\W hi c\.Vr.'\iL'E· DELRA'( BEACH. FLORIDA ~~444 TELI,PH()'\r 5('¡ /2,LU()l)fI . FACSIl\lILE 56 I /278-4755 DELRAY BEACH ~ All-America City Writer's Direct line: 561/243-7091 , III J! DATE: December 7. 2004 1993 TO: David Harden, City Manager 2001 FROM: Susan A. Ruby, City Attorney MEMORANDUM SUBJECT: Draft LeQislation I am sending to you for the December 14, 2004 agenda, three bills that I drafted that deal with electronic mail, proof of zoning requirements for service providers, and one dealing with the independence of the CRA and the City when seeking funds under the Forever Florida program. I believe the first two were shared with Kathy Daley when she was here last. The last bill may not be necessary, if we receive a favorable response from Kristen Coons. SAR: . Attachments Cc: Chevelle Nubin, City Clerk qL " 1 A bill to be entitled 2 An act relating to public records, amending Chapter 119, F.S. to 3 provide a new subsection I 19.07(3)(kk); providing an exemption 4 ftom disclosure of public records for electronic mail addresses 5 provided to an agency for the purpose of future electronic 6 communications to the person fÌ'om the agency; providing for 7 severability; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Chapter 119, Florida Statutes, Section 119.07(3) is amended by enacting a 12 new subsection 119.07(3)(kk) to read: 13 14 119.07(3)(kk). Electronic mail addresses provided by a person to an agency for the 15 pwpose of future electronic communications to the person fÌ'om the agency are confidential and 16 exempt from the provisions of subsection 119.07(1) and S. 24(a). Art. 1 of the State Constitution. 17 18 Section 2. This law is necessary to encourage citizens to be actively infonned about 19 and engaged in the governmental process through adding their e-mail addresses to list serves in 20 order to receive ongoing infonnation ftom the governmental agency as defined in Chapter 119. 21 The exemption fÌ'om public records does not prohibit any other entity from disclosing e-mail 22 addresses not meeting the requirements set forth herein. 23 24 Section 3. If any provision of this Act or its application to any person or 25 circumstance is held invalid, the invalidity does not effect other provisions, or applications of 26 this Act, which can be given without the invalid provision or application, and to this end the 27 provisions of this Act are severable. 28 29 Section 4. This Act shall take effect upon becoming law. 1 CODING: Words StrielEeB are deletions; words underlined are additions. / 1 2 3 4 5 A bill to be entitled An act relating to service provider compliance with Local Zoning Codes, Amending Chapter 397, Part II, Section 397.403(1)(f) to provide that service providers must submit a copy of the lease the service provider intends to use for their facility and other information as requested by the local zoning authority to the local zoning authority in order that the zoning authority may determine compliance with local zoning ordinances, and providing that if motel/hotel uses are not allowed in the zoning district, service providers must comply with the landlord tenant laws in order to evict a tenant; providing for severability; providing an effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Be It Enacted by the Legislature of the State of Florida: Section 1. Chapter 397, Florida Statutes, Part II, Section 397.403(1)(f) is amended to read: 397.403 License Application. - (1) Application for a license under this chapter must apply to the department on forms provided by the department and in accordance with rules adopted by the department. Applications must include at a minimum: (f) Proof of satisfactory fire, safety, and health inspections, and compliance with local zoning ordinances. Service providers operating under a regular annual license shall have 18 months from the expiration date of their regular license within which to meet local zoning requirements. Applicants for a new license must demonstrate proof of compliance with zoning requirements prior to the department issuing a probationary license. In order to obtain proof of zoning requirements. the applicant shall submit such documentation as required by the 24 25 26 27 28 29 1 CODING: Words striek-eø are deletions; words underlined are additions. , 1 2 3 4 5 6 local zoning authority. including. but not limited to the lease to be used by the service provider and the service provider shall verify that it will use eviction procedures proscribed by the landlord tenant laws unless the use is allowed as a motellhotel use under the local zoning ordinances. Section 2. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions, or applications of this Act, which can be given without the invalid provision or application, and to this end the provisions of this Act are severable. 7 8 9 10 11 12 13 Section 3. This Act shall take effect upon becoming law. 2 CODING: Words striekeB are deletions; words underlined are additions. A bill to be entitled 2 An act relating to the eligibility to obtain grants under the Forever 3 Florida Program, amending Chapter 259 to provide new Sub- 4 sections 259.105(22) and 259.105(23); providing that Community 5 Redevelopment Agencies and local governments are not the same 6 entity or agents and providing that eminent domain performed for 7 a different purpose by a Community Redevelopment Agency 8 more than five years from the date of application for Forever 9 Florida Funds, and thereafter purchased by a local government for 10 a purpose eligible for Forever Florida Funds by a local 11 government within the twenty four months time period allowed 12 under the program or thereafter, shall be considered as being 13 acquired by a voluntary negotiated sale and qualifY as a match; 14 providing for severability; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section l. Chapter 259, Florida Statutes Section 259.105 IS amended by enacting a 19 new subsection 259.105(22) to read: 20 21 259.105(22) A local government and a Community Redevelopment Agency 22 shall not be considered the same entity or agents of one another under the Forever Florida 23 Program where the local government as the governing body is not acting as the 24 Community Redevelopment Agency pursuant the Chapter 163, Florida Statutes, Section 25 163.347. 26 27 Section 2. Chapter 259, Florida Statutes Section 259.105 is amended by enacting a 28 new subsection 259.105(23) to read: 29 I CODING: Words stridcen are deletions; words underlined are additions. 2 259.105(23) Provided that (a) the local government as the governing body was not acting as the Community Redevelopment Agency pursuant the Chapter 163. Florida Statutes Section 163.357 at the time properties were acquired for a purpose not eligible for Forever Florida Funds by eminent domain by a Community Redevelopment Agency and (b) such aCQuisition was more than five years prior to the date of application by a local government for Forever Florida Funds. then such acquisition shall be considered as a voluntarily negotiated sale and qualify as a match where the properties are subsequently purchased by a local government for a purpose eligible for Forever Florida Funds within 24 months prior to the application for Forever Florida Funds by the local government or thereafter. 3 4 5 6 7 8 9 10 II ]2 13 ]4 15 16 17 Section 3. If any provlSlon of this Act or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions, or applications of this Act, which can be given without the invalid provision or application, and to this end the provisions of this Act are severable. Section 4. This Act shall take effect upon becoming law. 2 CODING: Words strIcken are deletions; words underlined are additIOns. MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # 0. ~ REGULAR MEETING OF DECEMBER 14.2004 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL TO: FROM: DATE: DECEMBER 10, 2004 The terms for Frances Chassen (Zone 1), Robert Gillespie (Zone 2), Karen Lustgarten (Zone 3), Caroline Cassidy (Zone 4), Rita Ellis (At Large Representative), Allison Mattocks (Student) and Aaron Ussery (Student) expired on October 31, 2004. Ms. Chassen was appointed on February 17, 2004 to fill an unexpired tenn, is eligible for reappointment and would like to be reconsidered. Mr. Gillespie, Ms. Lustgarten, Ms. Ellis, Allison Mattocks and Ms. Cassidy were appointed on November 4, 2003, are eligible and would like to be considered for reappointment. Aaron Ussery would not like to be considered for reappointment creating a vacancy for a student. On September 9,2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications for consideration: (Applicants are listed by zones; however, the applications are in alphabetical order.) (See Exhibit "A" attached.) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered with the exception of Todd Harvey, Aaron Larken, Allison Mattocks, and Donald Paul. Aaron Larken, Allison Mattocks, and Donald Paul are not registered voters due to the fact that they are students. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of five (5) regular members (one member from each zone or category) for a three year tenn ending October 31, 2007 and two (2) student members for one year terms ending October 31, 2005 to the Neighborhood Advisory Council. Neighborhood Advisory Council Page 2 Applicant Francis Chassen Gerald DeFoe Bernard Federgreen Alice Finst Daisy Fulton Hansford Higginbotham Jayne King William Milner Robert Gillespie Stephen Lampel Shirl Fields Karen Lustgarten Charles Augustus Lane Carlee Caroline Cassidy Richard Edick Todd Harvey Rita Ellis Aaron Larken Allison Mattocks Donald Paul EXHIBIT" A" Zone I Occupation Financial Advisor Sales manager Code Administrator/Construction N/A Director Management Consultant Educator Field Representative Zone 2 Realtor Assistant Controller Zone 3 Jewelry Designer Teacher Zone 4 Teacher Educator Administrative Coordinator Management Consultant Teacher At Large Representatives Subdivision Highpoint Country Manors Rainberry Bay Chatelaine Delray Shores Lake Forest South Chatelaine Chatelaine Sherwood Forest Hidden Lake Andover Eastwinds at Crosswind Chevy Chase Lattacienda Las Palrnas Ocean Apple Estates Kokomokey Place AlC Contractor - President of Climate Control Services, Inc. Students Highschool Highschool Highschool Country Lane Estates Boynton Beach Chatelaine NEIGHBORHOOD ADVISORY COUNCIL 10/04 TERM EXPIRES DISTRICt NAME & ADDRESS TELEPHONE 10/31/04 Zone 1 Frances Chassen Home: 498-5870 Appt 02/17/04 Unexp 4730 D Northwest Fourth Street Work: 499-6323 Delray Beach, FL 33445 Fax: 10/31/04 Zone 2 Robert Gillespie Home: 638-8697 Appt 11/04/03 460 Sherwood Forest Drive Work: 278-2628 Delray Beach, FL 33445 Fax: 278-8688 10/31/04 Zone 3 Karen Lustgarten Home: 266-9084 Appt 11/04/03 1850 Homewood Blvd #408 Work: 202 277-2522 Delray Beach, FL 33445 Fax: 10/31/04 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 Delray Beach, FL 33483 Fax: 265-0616 10/31/05 Zone 5 Evelyn Dobson Home: 276-3593 Appt 11/04/03 130 Northwest 3rd Avenue Work: 994-1788 Delrav Beach, FL 33444 Fax: 912-9076 10/31/05 Zone 6 Fred Fetzer Home: 276-6712 Appt 11/04/03 932 Evergreen Drive Work: 715-9030 Delray Beach, FL 33483 Fax: 10/31/05 Zone 1 Arthur Brown Home: 496-0264 Appt Unexp 01/13/04 4255 Northwest 10th Street Work: 862-2361 Delray Beach, FL 33445 Fax: 10/31/05 Zone 2 Sheldon Weil Home: 496-0549 Appt 11/04/03 925 Greensward Lane Cell: 573-9355 DelravBeach,FL 33445 Fax: 496-3867 10/31/06 Zone 3 Susan Kay Home: 495-7848 Appt 11/04/03 2571 Hampton Circle North Work: Delray Beach, FL 33445 Fax: 10/31/06 Zone 4 Mike Cruz Home: 274-4856 Appt 11/04/03 1510 North Swinton Avenue Work: 954427-0404 X230 Delray Beach, FL 33444 Cell: 350- 7360 10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551 Appt 11/04/03 721 Southeast 3rd Avenue Work: 276-8763 DelrayBeach,FL 33483 Fax: 279-4331 10/31/06 Zone 6 Jeremy Office Home: 330-2713 Unexp Appt 10/05/04 2837 Cormorant Road Work: 276-1641 Delray Beach, FL 33444 Fax: 330-2317 Cell: 670-7130 10/31/04 At Large Rita Ellis Home: 278-1666 Appt 11/04/03 Representative 512 Andrews Avenue Work: 278-7125 Delray Beach, FL 33483 Fax: 274-3501 10/31/05 At Large Roy Fraker Home: 265-2607 Appt 11/04/03 Representative 381/2 South Swinton Avenue Work: 274-3215 Delray Beach, FL 33444 Fax: 274-3201 10/31/06 At Large Charles Stravino Home: 495-5375 App111/04/03 Representative 3631 Lawson Boulevard Work: 243-7412 Delray Beach, FL 33445 Fax: 243-7461 10/31/04 Student Allison Mattocks Home: 737-8485 Appt 11/04/03 2595 Southwest 14th Street Work: Boynton Beach, FL 33426 Cell: 441-6920 10/31/04 Student Aaron Ussery Home: 266-9647 Appt 11/04/03 333 Northwest 4th Avenue Work: Delray Beach, FL 33444 Fax: S/Clty Clerk/Board O4/Netghborhood Am'1SOr)' Council u ~ ~ :> ~ t) 0 f-o ø.. ø.. ø.. ~ ø.. < < ~ ø.. ø.. ~ ~ ~ < ø.. ~ ~ Cf. 0 ~ ø.. ~ ø.. < ~ ~ ø.. ø.. ~ ø.. < < ø.. < ~ ~ ~ ~ < ø.. ~ ø.. ø.. ~ ~ ~ ø.. ~ ø.. < < ~ ~ ~ Q U Q Z M, ~ I 0 ~ ~ < ø.. ø.. < ø.. ~ ø.. ~ ~ ~ < ø.. < ø.. < ~ f7) u i ~ .' 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Q = .... œ fI) CÐ t: q¡ œ - Q,I CJ a.. Q,I Q Q .r= ..c a.. a.. E3 .... :=g CJ œ a.. Q,I a.. a.. U N Q Q,I Q,I ~ fI) œ Q .... .... fI) ~ =:I œ = ~ fI) ~ N ø = :=g ... Cf. 00. fI) a.. .... .... ~ ~ Q,I 0 þ U fI) - œ Q,I fI) = ~ a.. Q,I U == ~ a.. ~ 1:: = Q,I e .... Q,I Q = '-' CJ ~ == == ...;¡ Q,I - == .... == Q,I .... Q,I Q,I Q > a.. Q '0 .r= - "0 œ fI) - - .... a.. œ ~ Q,I œ .... Q,I ,Q fI) a.. .... .... q¡ a.. œ a.. Q,I a.. Q a.. .... > .... Q a.. Q = œ - œ s.. œ .r= œ .r= :=g ¡:a - Z < u ~ f;J;l ~ ~ ~ < ø q¡ == U < ~ 00. ..., 00. 1. Name .-\e.s ßecu:.- --;iacÁ¥? r ,~ ?-ír\l 2cJne. f GAevyChaðt: MIl} Zip Code ~':B~ ~ 'tIlJ! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION information: 2. B!\rtA City 3. 4. City State Zip Code Business Phone: E-Mail Address: Cell Phone: Fax: /)78-0 4-0 6. .Axe you a registered voter? 5I--a. r- e..n e If so, where a~e ¥ou{ç~tered? e~- 0-.\\ tn lÁdUJI-+ 1"i-e. 7. What Board(s) are you interested in serving? Please list in 0 der of preference: 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) JVOñe. 9. Educational qualifications: . I, I - 1'1 5 1V,.v ' 10. list any related professional certifications and ~enses w . a>.L~r-.... bo;-~ N c.. at"\ "''0,.1 W\ Co· 11. Give your present, or most recent employer, and position: "R()...C.. Iq c:too 3 I Note: This application will re on file in the City Clerk's Office for a period 0£2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. R EC E IVE D S'CITYCIFlOOBOAllD\APPUCATION SEP' 1· 2 2003 ___'-, _. ~DV ~T-02-2003 01:45 PM L_Carlee 5612721866 P.04 Mti1 'tilt . 1'93 2001 -4. 5. 7. 9. uuaooaJ qu.&1lûcaóon.: i I i I I 1 I I- I ¡ t /ð-;l-Ó~ -_~J().C~r CITY OF DELRAY BEACH . . BOARD .....EMBER'APPLlÇATION20he 1 - - Lctf/q e ~e(lr!or at}' State Zip Code CeU Photic: fIX: 10. 11. cot. or m 4t recent employer. and po.ition: 12 or knowledge which quaJify )'OU to ICI'\'C OD chit board: (plcue .u:acb . bde resume) e SUte4\eftb Ate CNe. an 1 a¡n:e aDd =dCØ't&n<l t tðy tDllsutaDeD.t 0 IDAteåal Y Cl.u.te forfeiture upon my put of &ny appoinaDeDt I may reeåve.. -- / ð/~/jl 0/J.3 ÐA'Œ Note: 11ùs .pp1ì~aåon will &in on file Ìft «he City aerk·.-9ªc:.£. fM A~Or 2 yean om the date k was lubmJned. It will be e applicaJu-. responaibUiry to ~.. 'ldiidaI8ppUaáon i. on fiJe. ~~TIØIf OCT- - -:2 ?003 CITY .CLERK :T-02-2003 01:44 PM L.Carlee 5612721866 P.02 . ¡ Ms. Lan~. Carl~ 734 South e Avenue. Delmy Beach. FL 33483 (56]) 272- I ! The Netghb4rhood Advtaor,y CoUDC1l ( have' Inred tn the' North Federa:l Hfgbway Corrtdor 81nce 1978. I would be pt1V11eged to assist in any future planntng. I I Education ¡ Nova Ontversl1y DaVIe. Flor1da I CertlDca.tlon: ~m1n18tratlon/Supervls{on 1987 I Georgia SoU' College Stâtë81:kU"O. tg1ä Masters in Ed cation. major: Speclftc Leamtng Disabilities. Grades 1-12 1971-1974 I ! Univerelty of ~1nC1nnatl Ctnclnnø:t1. 0 to Bachelor of Sc ence. major: Elementary £ducaUon 1968-1970 I UlÚverstty OfJmpa Thmpa. F1or1d, MajQr: Elomcit.aJ:y Educo.ation. minor: Htstory 1966-1968 I . , I I Experience I landlord of ~ Re$ident1al PrQperties Present I I 1Yle School DiJtr1d o(PaIm Beach County Palm ~h Cdunty. Florlda Last Position I District. Re80wbe Tea.£her for the PhystcaUy impaired Program of thelSchool District of Palm Beach County August 1977-J~o 2001 CT-02-2003 01:44 PM ~_Carlee 5612721866 . P.03 Ms. Lanð T\ Cartée. page 2 \,.. Jacob G. Sn1l h School Chatham Sch I District Savannah.. rgta Teacher før M tt-HandiC4p~ cla4s. Additional ClaS8és August 1971- A:ugust 1975 i I Cert1O.caUo ¡Current Membership8 State of Florid July. 2002-July. 2007 Ear1y ChJ1d tlon. Birth - 8 ElementaIy catton. 1 - g Spec1ftc Disabilities. K - 12 Admfn1etratlo and SupeIVts(on Eng1Jsh as a ond Language I Councn for ~ Dlsabß1Ues I t F ACE-F1ortda Åseoc1atlon for Computers In Education I Coundl for Exteptlonal Student Education DMslons I Physical and ~th D1sabUitles Technology an1 Media Development RESNA I RehabWtatloD ~eerlng and A881.stlve Technology Society of No~ America i Dobemuu1. Re~ue Conœrn. Inc. ! . Mounts Botan1~ Gardens I ! ¡ i ! ¡ I I I I I I ! OB..RAY BfACH ~ M ALllldcIt¡; 'lilt 1993 2001 /ð -CJ-æJ" /J4m in (!Pða!nq,J. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2d7Je Please e or tint the followi infonnation: 1. Last N¡µne: Cassid 2. Home Address: 424 Palm Trail 3. Legal Residence: Sa afOJ 4. Principal Business Address: Name Cor Cìty ;-JDelra Beach City .5 State FL State L P. Zip Code 33483 Zip Code City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:: 278-0150 266-6760 6. .AJ:e you a registered voter? 2 7. What Board(s) are you interested in serving? Please list in order of preference: . . 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: N .A 11. Give your present, or most recent employer, and position: Smith Barn - 1 22 Ian . I hereby certify that all the above statements are true; and I agree and understand that any misstatement of material facts contained in this ap lication may ca\!Se forfeiture upon my part of any appointment I may receive. (")~ '0 ~~ DATE Note: TIùs application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibilitv,p4;Orefl,mtCUi€tlaent application is on file. 'ti s= Vi-' S'CITYClERK\IIOAlID\APPUCATION III I flJ OC1 7.:9--2003 ~ITV CLERK Cory Cassidy 424 Palm Trail Delray Beach, Florida 33483 Telephone: (561) 278-0150 PERSONAL RESUME · Place of Birth: Grand Rapids, Michigan · Education: College of Hawaii Pacific · From 1974 to present date, my family and I have lived in our home on Palm Trail. · My two children attended St Vincent Ferrer School and then attended Pope John Paul High School (Boca Raton). · Member ofSt Vincent Ferrer School Board for 4 years. · Involved with Pope John Paul Parent's Advisoty Group and fund raising projects 1Ì'om 1992 through 2001. · For the past 10 years, I have been the Chairperson of St. Vincent Ferrer's 3 day camivaIlfestival that is held in conjunction with the 8t Patrick's Day holiday. · Owned and operated Doc's Soft Serve Restaurant · 1983 through 2002, coached Delray Beach Recreation League Tee-ball and Soccer teams. · Active volunteer for 10 years with the Delray Beach Caring Kitchen and Food for Family's at Spencer Pompey Park. · In 1994 was one of the founding members of the Palm Trail Homeowner's Association. , 9 -/ éJ.- -¿?:J '1lir 1993 2001 CITY OF ~ELRA Y BEACH BOARD MEMBER APPLICATION 3. Legal Residence: c§'/3:/Y! C <t. PzinåpaJ Business Address: City I City t. 2. NlD)e City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: 0hr- f~í7o .5hr~ifrV-b~~ 6. Are you I registered voter? é S 7. CcU Phone: , Fax: , \ 9 8. låt aU Cit}- Boards on which you are currently serving or have previously served: (pac include dates) 9. Educational qualifications: (D I- L£G E ........---:;; 10. list any related profession21 certifications and licenses ífes . ~ ð ~ brR.E~Ðæ-s- 11. Give your present, or most recent employer. and position: See 12. Desaibc experiences. akills or kDowJedge which qualify you 10 IIaft oa Ibis baud: (PJcue auach . lxief JCSUmc) h/lJ'1"7/Ý~Îð·£- J hcteby certify that all the above _taDcnu arc true, and J a¡ree and uademand that any mia~""t of ma~..llaca ~iD dús oppIiC z= bfci_ upoomypmoflny aypoå"o//~=åvc. SJ~ DAm Note: This application wüJ remain on file in the CÍty a~~V~ 0(2 yean &om the date it was submitted. It will be the applicant's responsibility lõ'ârs\i:e Ïhåt . ameot appJication u on file. - ~11DM S EP 1 2 2003 . ctTY CLERK / DÉUtAY BEACH . " . . . . oA ~ 'III I! 1-993 2001 9 véM~ SeJe6 /JIB r CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. )..dh~ Zd/?e I {}¡Ufl¡!r. /!JqM0 M'j;: Zip Code 3.1þ Y Zip Code ~ð/JI..e.. Zip Code )YIlt /Si ß F#ð information: 1. 3. 4. Home Phone: Business Phone: E-Mail Address: J}/fI Cell Phone: Nfl 7. 8. 4/S.;;1'$I; ))tlJ!.. eM ký 9. ;;r s# Jø; ,.A/ ~.K 1 ¿r IJfeJe ~ e D~#(~S Note: This application will re1IUÏn on file in the City Clerk's Office for a ~~~~~ea.rs &om the date it was subr:nitted. It will be the applicant's responsibility to ensure ßEt ~~Qïon is on file. - ' S\CIIYCI..ERK\BOA1tDIAPPLICA 110N SEP' 2 3 2003 I"ITV I"t I::DV 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION ' // ,Z::Jn e / O(!elW Ie bkIe.5 PAŒ: 81 /ó- j-c?5 ,fJ13t!;tð«1 ~ f\ + cQ /J~~.5J 18/8112883 16:56 5613382646 . L1~ --::-J / , K'Æ-«€,J ~ 17// c:. '" / f Ø)oý . rA..~")'Y 3 . 3 77 <¡' 'I Name 1. 4. Pt,incipal Business AMtc~s: CÜy State f~~3 t="L- 5{a (c Zîp Code Stare Zip Code 2. ~ 3, Legal Residence: 5. Home Phone: Bu~inc,,;; Phone: E-Mai1 Addrêss: CeIJ Phone.: Fax: ~t . ~7'-f î3 6. If so, ,,,-lu:re an: you rcgli-tered? ~'- 7, What Board(l) are )'OU inren:st("d ill ;;eI":illg? Plc~( lisc in order of ('reference:: J. 70J-- ]..O~ ~~I' 330-U 7JÝ I ~ (,t-e¡ f;o. 8. üse aU City Boards (>0 ",-hich ~·ou ¡tre curn::ntly !;cJ:ying 0.£ have prc"l;onsl} s~'ed' (plë:as~ include datC!:s) A 9. 11. Give your pre$ent, or m05C recent employer. and posirion: .. CG () 12 Dcsdíbe ~xperieuc¢:>. skill,. QJ knowledg-= ""bien qualify you to !;CJ:V<!: OQ this board: (PI.::<lSC ¡¡a:ach a brief tcSIJroe) ('ll-M7w&- V~~ ïllc~ LObt)c /Nt: - ~f.MtIlft\M , r&a.,1 Vila" " Haee-meRt¡; arc crtle, and I agr(:(: "od \Indastand that ¡J1Jr mÌ5stat~ent of m-¡J(¢tÍal facts ~. (:i1U~C' (o.cfcirure upon my 1"\11: of any appointroenc I m¡)y cecer.-,(:, L ~.L~·O~ D~-\ TE NO(e: This application ~-il1 [{'In:~in on 6Je in the Cil}' Clerk's Oftïcc foc a period of 2 ycar:; from (he: daté it was submined. It u-iL\ be rhe :lpplicant's œ:!lpoosibility to enSl1re that a current ¡tpp~caåon is 00 fik R E eEl V ED $·CITY<"LeIU'lBO..,.D<......llC"TIOt' OC'1 ,~'1 2003 CITY CLERK PAGE 02 10¡01/2ßß3 16:56 56133132646 .'---' City of Delray Beach Ad\'uoO' Board Member ADpJicatioD Rích~rd Edick 12. I have over 2:5 years of management experience as a management consultant. Fortune 500 execùtive. entrepreneur. ønd private investor. I am a current board member of two Dekay-based not for profits: Aìd to Victims of Domestic Abuse (A VDA) and Save Our Seacoast (SOS). A VDA' s mission is to assist and shelter victims of domestic abuse, provide counselíng. and conduct prevention programs. SOS represents AlA residents and other banier island residents in Dekay and other adjacent communities who share its mission of preservation, beautification, and safety of the beaches, the sc.en.íc A 1 A fQadway, and the character. look and feci of the south Florida seacoast. I have also selved on several not for profit boards, includíng being a fonner Vice President and President ofCalifomia~s largest chapter of the American Cancer Society, and Lifepath, Inc.. Pennsylvania's largest provider of programs for the mentally retarded. 06,08/03 THU 13:21 FAX ð61 243 3774 .52 ~3 - -3 J¡11.f CITY CLERK A- \\tV '. ~~ R.~,.J ~ooz infOm'l&'tÍoo.: CITY O,F DELRAY BEACH BOARD MEMBER APPLICATION "Del ray ]: ó/<, , Lj J.I.W !13 c..rf Zip Code S6q-tJ~ Pf'l':5j~llf- I/ir eonc/:I.dner ð t7r i/íè:-.R :5- ~ 1993 :£001 2. (:\ 3. 4. ~dpal Busincn Addruø: _ <=..\,~"f\"\~ CÞtV\TO\ &....""....., c.~~~ '\ '\ C>ð "<'n. c... tJ ~ 5. HOJnC Phon~: Busineu Phone: 6iDI . éi 'J S' - J L.l, 5b1-~-9?s - '//;J..S 6. .A,re you a re¡:Î6tc:red 'Voeer? ::t:s-J c:..... ~~ch Cc:U PhQne: Sate Zip Code: ~ I 33'-/-'1"1 . ~;'I-3óa t 9. ~ f' £.s.:~ "-.fJt- 11. Dacåbe apeDcnce.. W1l. or kDØ'II"l which c¡waJiiy YeN. fA) JetV. OR Wi bow: (pIRn: 1Itt&ch . brief'tclurne) f1- I lIereby ~ni£y tht1 all the .bove Ia«mctrta U:~ CNC, and I litcc &tiel. undultand thar InY minratement of ml.tcàa1 (iÇ«& . in we appUcaåoß ~y cause (ocfdturc UpOD my pan of my ..ppomanCClt I mlJ' re«Ìvc. \Y\A~ q AdÒ~ DATE. Note: 'This appücaoon wi1J remún on m~ 10 che at)' Clerk', Office (or Ii pmod of 2yc..tt from the ate Ie w~. lubmittcd. It vilJ be the appU,.m'6 ~.pon&ÎbiJity to eJUutc that . cuacnt application ill on 6Ic. ranrCl.Dll:«7~"11QII RECEIVED . . MAY 0 9 2003 CITY CLERK ___.... ..,__ __.... I ..__ --.. ..-.....__ .... ...__ -.._ _~......- -~ I ~I' · ., i.'. ;. ':' . '~.-'j /:i:':1 ~ll Deerfield Beach ...............'.. ...954-426-2081 Delray Beach ..........................561-278-7125 West Palm Boach ...................561-848-3774 Stuart ......................................561-223-8583 Fax for Sales ..........................561 -274-3501 Fax for Service ....................1 -800-791-5647 CLIMATE CONTROL SERVICES -,-~~~ '~'.lIt(:. ~'J, .f CORPORATE HEA~QUARTERS 1900 McNab Avenue Delray Beach. FL 33444-1598 .. ... .9I..wará 'Winnirtg SeT'VÏa ',tl: * Rita W. Ellis PERSONAL Rita W. Ellis Married: Dean Ellis 32 years 2 daughters 24 and 27 President of Climate Control Services, Inc. (Celebrating our 30th year in business i.n 2003) PROFESSIONAL Oimate Control Services, Inc. 1993 - Present StayirLg Power - A substantiated histary as an established btlsiness. Climate Control SelVices is family owned and operated, established by Dean and Rita Ellis in 1973. Rita managed operations unIi11997, when she became President. Climate Control Servìces is Palm Beach County's most reliable source for air conditioning replacemen16, indoor a.ir quality services, service contracts, major appliance services, and plumbing services. Contributions to Aid Community Oriented Projects Greater Delray Beach Chamber of Commerce 1. Business Person of the Year - 2000 2. Ken Ellingsworth Community Service Award recipient - 2001 3. Ambassador Rising Star Award - 1999 4. Board of Directors -1997 - Present 5. Executive Board - 2000 - Present 6. Local Government Affairs Chairman 1999 - present 7. Board of Directors for DELP AC 8. Graduate Leadership Delray I uFPL'S #1 AWARD WINNING DEALER" * 'ïJ 1 ....Ii .. I~I" , ," :1' . " ,4".~ 1 jV;' r I ~ * ..... I . .!.:' I I I t _ I 1 .:" I'~ I: ~ " t ~, * .' .' " ""1 I. . ; ':'.;¡,:~ -Ir : .._..... ','.1 :If . :;, ! . : 1'-11' .~ ~~ NðI)Cå @!It1 ~ .;q,\ü~PU'''''''' IAdoM AI' au.'lty .-.,- .- - City of Delray Beach 1. Downtown Development Authority Board Member 1998 - Present V ice Chairman 1999 Qairman 2000 - Present 2. Visions 2010 Fadlitator 3. Joint Venbtre Board Member 2000 - Present 4. Charter Revision Committee 1997 5. Campaign Manager for the successful election of 3 current city commissioners 1999 - 2002 -- -- . . . 1r 7 -ó.:} *'**** DELRAY BEACH ........ 'me 1993 2001 . information: CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 0.. ~l()be(\(\i fJ:L'/ - 2one..- / M.~ . ...J f ~3Code Zip Code ~3~ Zip Code Name >¡vA-RD 3é7fd! ~. B~~ ?J:eR. éi'/2 é??:::::-/U 2. 1~6¿1dress/tl. úJ~ ,2. Lf A 1/ g- 3/~r OResi~Ctv é2 -4 (/ e 4. Prinåpal Business Address: ... State ~ --- ~ 5. Home Phone: c9b/ !J6J-333 6. 7. Business Phone: E-Mail Address: Cell Phone: Fax: .--- ..----. to. list any rebted professional certifications and licenses which you hold: . -- ployer, an..st.positio~ . Cqj ð~/V tements are·uue. and I agree and undemmd that any miss1:u('mn)t 0 mswial factS use fodd_ upon my put of ony appoinun= I"'~ 7~3 DATEf) · Note: This application will remain on file in the City Oerk"s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current applicarion is on file. ~TIOf OB.RAY BEAm ~ .All JI. ue bClv 1 ~ II~! 1993 2001 9-~3~ ~·\eIr-J Jé"Vb eÝto /t€ r CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Z:Jne 3 ¡MJocfer¡J3 Pleas th £; n . £; e type or pant e 0 OWl11?: m onnauon: 1- Last Name: H ELf) 5, Name d/I-/ R-L- M. L /"" -' 2. Homy#ress: . ..ucl ú6.. c S~L- Zip Code ~75: /þU~ ~ ~T lty 27£ L.ce-4 Y 33f!G¥.J 3. Legal Residence: City State Zip Code -::2~¿;; ~ - -.. 4. Principal Business Address: City State Zip Code - - .:.- ~ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 5t/-t,33·-i.:ú I 5/1/~.-tÆAcT./ .- ~/- ~~-(,/Ç2 SZ/-b gð'~/~_ '-~ 6. Axe you a registered voter? .ý £3 If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: A/~/ ~ H/S£ÆI-¡"'4 pO . 4-IJP? $.¿J'.2A./ ~ Cl.A./~ L- 8. List all City Boards on which you are currently serving or have previously served: (please include dates) i 9. Educational qualifications: A: ~ b~~- LL~A ~ S"GHT::J-d.c. . Æ./, ", /~?/G7? ,I 10. list any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: S-r!TLr ~.P£..ð-Ysr.> - t7Z?Zc./~ ø~~ 12. Describe expeåences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume) P~~GS~'-'OA/~ ;9r2-rr ~r , /L4¿¿s.~ 2>~~Å.AT 4-?~y V.ç-A';.-.2. ::; þ,c::. ~¿r/77' /A../ "P r;9 ~/>~, r-~<,.c- y ~",,/ r7ê~ A;/p"7V s.,.o~~ ,; / l:brnA/¿ , ;29~ ~A-z:.H e¿J~rv ~/A"J ?a~c.þ~ I hereby certify tlut all the above statements are true. and I agree and understand that any misstatement of material fActs '""'& ~ tIUs 'I1P'i<>6on.may =we rod'eitutt npon my put nf ~y oppnintment I ~ ) uV ~_A'~ 1;/~:3- ~IGNAruRE- DATE -/ ì ~ Note: This application will remain on file in the City Clerk's O~F!fwl!f~ears from the date it was ' . submitted. It will be the applkant's responsibility to ens~~ tlia~ 5'Jrln~cation is on file. S\CßY~AllDV.ft'UCA.TION SEP '} 3 2003 CITY CLERK . p r- ~1y ~1i.':.-' ~~IfAP! - '11Ir '993 2001 - 9 gIP -tJQ - -<?~ Ct/fJl-t7J '" - #4 CITY OF DELRAY BEACH BOARD ,.'EMBER APPLICATiON z,/),-€ / CltC/;/Ç/QI"~ .- Please or' tthe . ~ 1. Last Name: . t:'" \ "" ~""'r 2. Home Address: '10 "1 p\a..c e.. ~ø... \:1a..M.-4. 3. Lqal Residence: ~- .t. PåndpaJ Business Address: Name A \ \ ~e... Oty ~ VO-C 13etJ.. c."'- Ciq ~ Ciq State =Ho... . Scale KL -\\. ?Jp Code 3ôc.¡..v.. $"' Zip Code State Zip Code E-Mail Admess: CeU Phone: Fax: j"C~~.:=..\..@cc\-\-.~~ '-n5-h d...07 ~~g-oõ"ìo ,\, If 10, where In: )'OU ~? , ?- \ _ l e s - ~ ("'CL~ ~ve6I..L-'r\ 7. What Board(s) art you Îr.œresœd in serving? PJcuc list in osdcr of prd'ercnce: 5. Home Phone: t.. ~ 'ð-ï \'-\6 6. Juc you . ~sœred voter? Busincss Phone: .. I\)€-t ,~~~~cl J\-Ó\~\Þ9~~~\.~.\..\~",..: 8. 1Jst all Citr Boards on which you aK currently serving Of have previously ~ (PJeaK include date!) So ,5l .... c\ 9. EducaûcmaJ qualifications: Jåcenses which you hold; ß V'f\...UL, 12. Desca'bc ~ skiJk or bowIedse which qualify J'OU 10 ICft'C on this baud: (PJeue .aacb . båef auume) 2",-~ J hcæby cenify that aD the abaft wœmam ue uuc. ad IItp'CC ad aadcøtand that ØJ D'¡~t of ...-"..1 &as cœWned in 1his appIicatiol1 JnaY cause forfeimrc UPOO fIlJ put o£ aÞJ app.1Ürtlllmt 1 may recc:M. ~ f\.j-^~ ~&LJ00 SIGNATURE ÐATE .. Note: This application wiD remain on file in the Gy Oak's Office Cor. period 0£2 ~ !rom the date it was submitted. It wi1l be 1he appUcant's mpt"'C1Ñljq to CD$UU that. CUIICDt appJication is on file. _ RECEIVED~.JCAUIN SEP 2 6 2003 t'ITV ~LERK Resume' Alice Finst 707 Place Tavant Delray Beac~ 33445 Application for Neighborhood Advisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this board Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that daJes are approximate and may extend several years. Memberships Homeowners' League of Chatelaine 1970's to present Chainnan Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council, Pride in Neighborhood Committee Mounts Botanical Garden League ()f Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- SidewalklBeautification Committee Cultural Loop Walking Committee visited 80 sites .June 2003/ History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80. 1999-present Atlantic lligh School 1987-present Other City Commission Watcher since 1979 ..Jan 30 04 10:54a E P 0 C H 561-279-2230 p.1 Please rim the folio 1. Last N:une: / -Ù Of) 2 Home Add^ess: d9~'i OJ/ h,,ù Òf~' 3. Lcg2.l Residence: ~¿ ÆS Mðv'-ê- 4. Principii Business Address: - ,. J .---J-~ ,1 J7ú? AI. tp....d ;;; ft7/¿ 5. Home Phone: Business Phone: f5& J , 6. in fom13.tlon: ¡-<' ~ KA12..GN £LH~LC C (TY CLDLJ=.(5) oFFi c..r.x::. ~~ 2.. '13 - 3 7 7 ~ CITY OF DELRAY BEACH /_:JO-o&J BOARD MEMBER APPLICATION Vìreej~<,--E/ÔCh :klro-y :5hof'e 7 LoM.- I M.t/! yh. Zip Çode_ 37/Y..J Zip Code P<..J&L-l c... Aa¡ Co.MM I TTE-£ DURAY BEACH .......... ~ AlI-Amerlcac; '~lIt 1993 2001 S~ ¡---l Su [(: Sute ¿aId F2- Zip Code 33'/"c/lf.· CeU Phone: Fax: t);J 1 ~2:J- 3J; 7. 9. )..-JC LEP¡JCJ4) Áe.c.u.-Í'LI<- ~)~r 12. Describe experiences. skills or knowledge which qtUlify you to serve on this board: (please aœach :a brief resume) UU :.t:¿ V. r' I . 5-c.J: £ . F),rr> ---..J+-Le- ~&..r c...ul.~~ ~ ~ , 'J Urnrn ¡ /-¿¿, ] hereby certify that ¡¡]J the above scuemcms .....c auc, :and I :agrce :and underst:U1d that :any miss12.tcment of matcri;¡J {2.ctS con - cd ~Ldú:t~: c:ause forfcirore upon my put ohnpPpoiom;¡ ~ ;%1ve- 5J NA TIJRE DATE ~vùY1 I 0-brl cd..- Note: This applicaåon uill remain on fiJe in the City Clerk's Office for a period of 2 years from the date it was submitted. Ie will be the ~pplicant's responsibility to ensure ~~f~pp1jwon is on filc. H r:: v r:: V t U S'CtTYClÐ<X\&O~no.. JAN 3 0 200~ CITY CLERK DB.ItAV BEACH ~ .AII-AMericaCit , t II J! 1993 2001 q~-ðD Re~/k~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Zone:2v ,ð!.erøxd (;rßtJ1 Please or cint the foHo - 1. Last Name: Gilles ie 2. Home Address: 460 Sherwood Forest 3. Legal Residence: 460 Sherwood Forest 4. Principal Business Address: infornutÏ.on: Name Robert City State Dr Delray Beach FL City State Dr Delray Beach FL City State ML A. Zip Code 33445 Zip Code 33445 Zip Code 33483 700 E. Atlantic Ave. Delray Beach E-M.ail Address: Cell Phone: 7 °lh,1!;-\" ( Atlantic 561-706-2354 If so, whece are you registered? Palm Beach Ct Precinct 4062 Delra 7. What Boud(s) are you interested in s~ Please list in order of preference: Neighborhood Advisory ~ouncil FL 5. Home Phone: Business Phone: Fax: 61-638-8697 561-278-2628 6. Axe you a registered voter~ES 61-278-8688 Beach , 8. list all City Boards on wruch you ace currently serving oc have previously served: (Please include dates) Nuisance Abatement Board March 2001 to Present 9. Educational qwilifications: 2 Years Dickinson Colle e 10. list jUly r~lated professional certifications jUld licenses which you hold: Real Estate Brokers License E-PRO Desi nation Graduate 1st Residence Academy Delray Beach. 1 L Give your present, or most recent employer, and position: 7 Yrs~ Gringle, Doherty & Wheat, Inc. Real Estate Sales 12.. Describe experiences, skills or knowledge which qwilify you to serve on this board: (please attach a brief resume) 7 Years Experience in Real Estate rtify that aU the above statements ace true, and I agree and Wlderstand that any misstatement of material facts in dús a B' tion ma cause forfcituce upon my part of any appointment I may receive. ~~ DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ~~IJ'(feÐlication is on file. t1. C V ¡:;;. I S'CnYCLElOOBOAlWW'PLlCA1ION SEP '};., 2003 · ¡ Robert A. Gillespie 460 Sherwood Forest Dr Delray Beach, FL 33445 1953 - 1972 17 Years Management in several major New York Stock Exchange brokerage houses of which four years as Vice President and office manager. The last two years as a Consultant in Finance and Venture Capital. Philadelphia, P A and Los Angeles, CA 1972 - 1994 Automotive Sales and Management Started in Sales and held various positions as Sale Manager, Finance and General 'Manäger. Suburbs of Philadelphia and Reading, PA. 1996 to Present Gringle, Doherty & Wheat, Inc. Real Estate Sales All positions I have had heavy dealings with the public and was responsible for supervision of over 75 employees. THE SCHon. nl~TRICT OF PALM BEACH COUNTY; FLORIDA ESE Department Todd Harvey VOCATIONAL aJUNARY TEAmER smOOL- TO-WORK TRANSITION 1950 Benoist Farms Road West Palm Beach, FL 33411 Fax (561) 681-0023 1. 2 3. 4. Principal Business Address: / f.ø $e/J(}J6f-.çAehj 2d. Business Phone: 5. Home Phone: ~Jc71C¡"'ff,.¡r 6. Are you a registered voter? ~ 7. What Board(s) are you interest@ in serving? Please list in order of preference: I J- 1/ ~c:r:f 7~r ì ¡ i 1 ~ OF DELRAY BEACH ~ MEMBER APPLICATION vn~ 4 ¡ Iolavo.ð t<~ fl M.I. J ~ Code Zip Code SQ~. Zip Code :33 VI I Lv. Name -/ OIJ LJ City City S~~ City ~.¡- p¿htt fJg~- E-Mail Address: Cell Phone: ? cf¡i.!-l//ZZ Fax: - - 8. List all City Boards on w /Jðn--€- 9. Educational qualifications: ð 10. List any related professional certifications and licenses wlùch you hold: -rMdh 11. Give your present, or most recent -employer, and position: Óè/ ..J¡';fi¿ a6lJfJ yA1Þ1 ~ru1J Ö-L4¥ 5Cltðð ;J~ìl.J- . 12. Describe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume) Ì1vdvecl /ì7.J1.e CøtILta/J~' PR6J/11'~ rt1~¡t. i ~ r£- 5cÆœ/ Mw4} YwæblJII./ $7lI¡)R~¡"6() '7) above statements are true, and I agree and understand that any misstatement of mateñal facts may cause forfeiture upon my part of any appointment I may receive. /1//J/¡jß . DATE Note: 1òis application will remain on file in the City Clerk's Office for a period of 2 years frornr9~èfV E 0 submitted. It will be the applicant's responsibility to ensure that a current application is &Hiit~~ ~NõV111ö1Jr CITY CLERK .AIh'ta~.kaCØr " II J! 1993 2001 N\;\G~c\) A::Ù.JlScB-'f Co0~C-\v CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION q.;.J -ð5 ~;:f:¡kn-f ***** 0BJtA\' BEACH .&....."" Loh e / Lah,~reØ- ~4-h 1. Name MLÑ . ~~ Zip Code 2 Cityüe\m City 3. 4. Principal Business Address: ~~tJ~ 2- ¥\V~~, 5. Home Phone: Business Phone: S;~- ~r 6. Are you a registered voter? ~ e.5 If so, where are you registered.be\. 7. What Board(s) are you interested in serving? Please list in orc!.er r City t-ds-a¡ ~ð4~ E-Mail Address: Cell Phone: State ,....., 1-L- 8. List all City Boards on which you are currendy serviog or have previously served: (please include dates) r.e. \~eA t="L- "I~ l\ . s at all the above statements are tme, and I agree and understand that any misstatement of material &ets a~plica~on may use forfeiture upon my part of any appointment I may reœive. ~J\~/2DD3 DATE Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted It will be the applicant's responsibility to ensuRt!e1!fVe!>Èfation is~~A1IDWPUCA11OH It! 1 ( tf\ SEP '}3 2003 HANSFORD N. IDGGINBOTHAM 920 SUNFLOWER A VENUE DELRAY BEACH, FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 199O-Present Independent consultant to pñvate and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating $70 million. Concurrently have held contractual relationships with NASDINYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and l.W. Genesis. Client assets under management have exceeded $36 million. . f ACTRADE CAPITAL, INC. Regional Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUcrS 1988-1990 . Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional -products of this General Mills manufacturer. Credited with the creation and introduc- tion of five new brands (11 sku's) during an aggressive line -expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines. EXECUNET COMPANIES 1984-1988 PartoerlGeneraI Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybanc Inventory. HANSFORD N. IDGGINBOTHAM, Page 2 DEL MONTE!R.J. REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $50 million in annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger ofRJR Foods with Del Monte. PROCTER & GAMBLE 1973-1980 District Field Representative and Unit Manager in the food products division. Managed sales of up to $15 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina., Clemson and Funnàn Universities. MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Executive Sold investment securities including equities. fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. EDUCATION/CERTlFICA TION B.A,. Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License .... t:ducoJor- 9-q-a7 OwtAY BEACH .t...... CITY OF ~ELRAY BEACH BOARD MEMBER APPLICATION "'Z::Jn e J C}µJe/QI>le 1"993 2001 ) 2. t. 3. 7. n¡tie Cd~.biz , ~-err::!- ì 8. cd: (please include chtes) 5 9. EducaåolW quilificaåons: \ 11. Give your preSCl1t. or mos recent employ Note: This appliation will rmWn on file in the City Oak', 0 , years from th~-chte it was submitted. It will be: the applicant', n:sp<>t1S1òility to CD.Sure ma mßPlication i'~'QOIf CITY CLERK Serr.25. ?0031t 9: 55AMI -" 1993 2001 BATH AND 1ENNIS No.0279 p.? "A~ - q -#I/-ov , ~:føk~f; CohW!í-er 1. 2- 3. )/.. eLf fJR. CITY 0'= ~ELRAY BEACH BOARD MEMBER APPLICATION 7-£In~ éÂ l!idcklJ ~ ~.LJ ~ Cod ~~ LJ i} 5' Zip Cod~ K C IRQ N21n~3íe9h E N Ci ~ ¡)EL~'- City Statt PL State . infoanaåon: 4. Principal Busincss Address: S· (XEA~ (lylVV City State 1)£L~,A . "AC¡,j fL 33i.j <¡~I E-Msil Address: Ccl\ Phon\:: Fn: Qt{EJ¡{ft !ftr(JltG ~ {J?ð'1-1 ()gf' If so, where ue you xegistl:1'Cd? 1)£ 7. '\1;'h3,t Boar-d(s) ;are yO\} interc5ted 1n. Strving? P.b~ list in order of prefacnce: Zip Code II j() S. Home Phone: Î Ç; - '1JC .£7{c ( ") 6. C'()(Y) fY) 1ft r. serving 01' hAVe ptt'VÍously ~ed: (pJease:.includ<: dates) 8. .r--- __ - ; - -- ) ï ¡ ..... II(' (.. _, ¿. _ ~ ~....- - ~ m@ÇJ- JO. USt an)' rd2ted profe~siona) cettificaåons and .lícens~s wbich you bold: ASSl rAv'T CCN7@..(1/¡t:12.. Al(Y) 12. De5aibe apœenCt.I. W1ls or k.n Ií E SU(() f ,,-. I fu O(lw1 CO 1 C L U 0 f f E,.J í v.s I Î tel,J _ {'t-', ~ J hereby ccttify Wi aU the above natm'lCDU aLe rNe. and 1 ~ md u.ndcrsWld that my øus,catemeøt of matdW ¡aco conained in this II.pplitlåon rruy cause Corfeiture upon my pan of any appoÚ1l:lncnt I lÞay ~cive. ~ ~ ð)Ch-ðcO C19~/oJ SIGNArolŒ DATE Note: "Ibis appJia.õon ~ remain on liJe in the City Oc:rk's Office fo~ . pa:iod of 2 years &om me thee: it was r;ubminecd. It will be the applicant', uspoNibility to ctISUI:e that . omcnt appliation it; on file. aan~t1t!tC RECEIVED S-EP 't, 2003 / Sep.25. 2003 9:56AM BATH AND TENNIS No.0279" p. 3 .. STEPHEN J. LAMPEL 2185 NW 14'" S1reet Delray Beach, FL 33445, (561)" 276-9292 ( . SuMMARY" ",' Sen.ior Accountant with more than 15 years experience in corporate ~couJlting. an facet of forecasÜng,. budgeting. and financial ~o.alysïs EXPERIENCE 4199-5/00 $enior Attountant ' . G09DWlLL INDUSTRlES OF GREATÊR ~ý. Astoria. NY Se1f":mòtivated individual proficient in all aspXfs'of accounting including " tìnma1 analysis, budget'\. prepaid expenses. finanëiaJ statements. monthly dosing and journat entries. and" maIntaining ann\Ja1 audit schedules in a non profit o~tion. Computer )~temte in, Exœ) an.d Quíckbooks " " 7196-4/99'" Senior Accountant TKR PROPERTY SERVICE. Brooklyn. NY"" . " " All facets of accounting ,and propertÿ manage,ment for successful running " of over 30 residèntial and commercial buildings in" New York metropolitan area, Respqnsìbilities include preparing ~nanageme¡jt report... shareholder , refationshjps. attending Board meetin~ preparing budgets. tax and . payroll prepararjon 9185-6196 "Controner/Officë Manager MARKETING EQUITfES INTL. New York, NY Responsibilities incl~de tOTcasting, b.udgeting. job costing. financial report generarioÍ1, aCcounts receivable and payable and payroll in a èomputcrized envìronment.""Adß)ini~tered employee benefit plans including medical and' 401K;·supervised office ~ "" ."' 6/81·9185 ACc.oUDta.D( SIDNEY YOSKqWITZ'& CO.~ Great Ne<:k., NY " Responsibilities inclu4e write-ups: geileralledger work, 8Cc~un( analysis., financial statements.:federal and statè tax'retuhls. for a ~icty of clients in a puþlìc accoun~i,ng fmn.', .ËDUCA110N , ' S1. John"s Uni~ersity-MBA Accounting-June "1983 Queens Col1égc-BA' " . ' OCT-24-2Ør3 13:05 ATUlNTI C C1I'I'1 HI GH SQ-OJL 15612791705 P.Ø2 -.,. ~ '1lir 1993 ~OOI /¿/ -tP-q-z?.J - dlwl-ø-t-l- CITY Of ~ELRAY BEACH BOARD MEMBER APPLICATION . . (cJed"JJ¡d'-/...¡¡j.:; Please n'De or ptint the foU~ infoamoon: - {;art¡ /r¡~e 6 1. last Nam~ Name ),LL T.;,.r1r; n 'J\____ JI. 2. Home Addres£ City Stan: ~ Code 61)J;)R ~lø.ø.......v WilloW" Way Delrav R¡:O"'i"'"h 1='1 1.1..iAd 3. Upl. R«ickQu: Ocy Stan: Zip Cod~ 4. Pzincîpa1 Business Address: Cìt}' Sbtc Zip Code - S. Home Phone: Business Phone: £.,Maj] .Addrcss~ Cell Phone: Fn: (561)498-9729 (561)706-4548 6. Are you a regiStered votc:r? H $0. ~cre arc. JOu registered? No .,. 'W)u.t Board(s) U't you intctcstCd in scMng? Ple::zsc Jin in order o( prefamce: Neighborhood Advisory Council 8. List.n CiIJ' Ðows on whkh JOU an: cun:cndy sctv.ing or b2w: prniously I~cd: (ple.asc include dateS) 9. Educational Øfica.tions: I am enrolled at Atlantic Community High School as a ~.on;^r 10. List an)" rclaœd professjonaJ cc:rti6c:ations and licCD.$tS which you bold: hold a CPR Certificate I 11. Give YOUI presd1~ or mOSt rc:ccnt employer. ud posiåon: - 12. Dcsaibc: ø:paiCG~ skiDs or bowJl:dge whkb qua1ify you 10 sene 00 ws baud; (pJc:as~ m:acb . båcf rcswne) I am envolved in thé Criminal Justice Program and the JROTC program which in both 11m a leader and motivator to others in my class. I hCft:by ccnifJ that .u. 1hc ..boY~ &Dlremc:ncs U'e trU~ and r sgrec .nd uadcnnnd r:bIIt any aün.....,....,..,.,t of au.t.ai2.1 &.cu COI1Wncd in dUs applic:atiOQ IN.} C1U4C fotfciam: upon my put of an., appoÍDUnon I auy n:ccive.. ~ ~dK. {O-'~-03 SIGNA'1UJŒ DATE Note: This applic:.uioQ will remain OD 61e in me at}' Oedc.'s Office for ~~~ fl~ ÍJom me d1tc it vns aubmined.lt will be the applicant"s responsibility 1'0 rosurc dIít ~1J~on is on Iile. IrOn'~TÞI OC1 24 2003 _ ._.. _. 1""011' DElRAY BEACH ~ ~City " II J! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: 1. 2. 3. I..eg2l Residetlce: 1~5ZJ ~Gtt/btJ/) 4. Principal Business Address: 5. Cell Phone: - If so, where are you registered? 7. 9-/~ -¿JD. /êad,e r State Zip Code State Zip Code ß- 33 Y j4$, State Zip Code Fax: : 'J 8. List all City Boards on whiCh you are currendy serving or have previously served: (please include dates) 9. Educational quali£ica~ons: / 10. List any related professional certifications and licenses which you hold: C ~ L.;F: /"6 0? t3.:L/ThI-L t:éL£ðl 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) G :-S I hereby certify that all the above stateme~ are true. and I agree and understand that any misstatement of material facts con12in . '¡'¡''Pp6 .on~_uponmYpartOhnY'Ppo;"tm~%<;, DATE Note: 1ñis application will remain on file in the City Oerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ens~~ ~rtation iS~~LlCA11ON SEP 1 6 2003 CITY CLERK ,- KAREN LUSTGARTEN 561/266-9084 (Delray Beach, FL) cell: 2021277-2522 (Washington, D.C.) ~ Superb writing, editing, speaking and interpersonal skills. Articulate. persuasive spo/œsperson. ~ Innovative multi-media and PRfrom conception to compktion to marlœt (print, videos, airing). PRIMED lA-COMMUNICATIONS/ADVOCACY (since 1990) Creat¿Jmplement: PR Strategies, Image, Branding WriteJPlace: Press Kits, Press Releases, Newsletters, Collateral Materials, Articles, Position Papers, Books DevelopIProduœ: Committees, Seminars, Videos, 1V Segments Women in Film (WIFlHollywood, CA): 21-y~ar-old professional member/advocacy organization Mission: to improve the depiction, position and employment of women in film, TV, video, new media ~ Associate Director, Programs/PR Director: Represented WJF at conferences, workshops, meetings, screenings, conventions. Spokesperson on television/radio talk shows, in print Speaker/moderator on industry issues panels. Created outrea.c~ liaisons and partnerships with unions, film studios, corporate sponsors. Researched/wrote WJF's position paper (available) on pivotal issue and delivered testimony before the Calif. State Legislature. ) ~ Publication FounderÆditor/Wrlter. Created/edited/wrote Reel News, the highly respected monthly newsletter. Developed/wrote content: member profiles, calendars, programs, news, advocacy editor;ials, commentary. Co-designedlmanaged production. ~ Programs Director: Developed/managed/promoted new member programs, committees, national and international cbapters, workshops, special events that met member needs and interests. Produced/moderated advocacy and education panels/seminars with Hollywood luminaries about industry issues. Irnplementedlbooked/moderated panels for annual Calif. governor's conferences. ~ PR: Created/implemented PR strategy, branding, communications tools. Wrote/placed press materials, managed press inquiries. Developed/promoted annual fundraising special events (i.e. Academy Awards Viewing Party, WIF Film Festival, presence at Cannes Film Festival, Intn'l Women's Day). Enhanced visibility, image and respect for the organization. Former PR Clients (nonprofit organizations, 199Os): > Natloul Student-Parent Mock Election: Calif. State Project Dired.orlNational PR Director for established nonprofit organi7ation for America's in-school voter education program. Managed PR campaign and newspaper partnership (NIE) promoting mission/materials to schools and newspapers nationwide educating students, teachers, press and U.S. Congress about the candidates and issues leJlìiing up to National Mock Election Day for all school children. (more) , . Karen Lustgarten12 ~ Otis College of Art and Design (Los Angeles): Planned. implemented, managed communicationsIPR for college's annual fundraising event for 3 years that grosses $1 million in one night. ~ Palm Beach Opera (Florida): PRlCommunications Officer for 1998/99 season. )- ffippocrates Health Institute (Florida): PRlmarketing for first holistic health retreat in U.S. ~ ChildBelp USA (child abuse prevention): wrote PRlmarketing magazine piece inserted into L.A Times, Washington Post. Produced fundraising event video as PR/marketing tool for organization ~ Ashcroft PR (L.A): Dir. of Communications: 1st stage of world sporting eventlfundraiser in China ~ TransMedia Public Relations (Florida): Sr. Account Executive PRINT .JOURNALISM EXPERIENCE )- FounderlPublisherlEditor, Cause Celebre: The News of Capital Causes (Washington, D.C.) special interest newspaper chronicling charity/cause-related organizations headquartered in Washington, D.C.: their events, volunteers, society benefactors. Researched, created, wrote content.~o-designed issues. Hired/managed independent contractors. Created/wrote cause marketing ads for companies, sold the ads. Fonned advisory board ofbusiness leaders. )- Hollywood Columnist, "Seasons" supplement in L.A Times: covered 400 major Hollywood fundraising events and "àwards shows supported by the entertainment industry (4 years). ~ Special Section EditorlW riter: Created/wrote annual 21-page philanthropy section in The Hollywood Reporter anniversary issues. ~ Freelance Writer in various publications VIDEOITV EXPERIENCE (since 1990s) Wrote/produced TV 'segments, public affairs show, VNRs and company videos. Diverse subjects included: lifestyle, technology, medical, environmental, financial, food, industrial, housing, community issues and events. Budgetedlbooked/directed camera crews in the field; coached/interviewed on-air guests, logged tapes, paper edited scripts to the shot, selected music and supervised post-production editing to completion. ~ D.C. Housing Authority (Washington, D.C.): IS-minute documentary (promotional video) ~ WJMK Television Productions (Florida): 40 business stories and company VNRs. Story segments profiling businesses around the country aired on public television stations as "American Review Series" hosted by Morley Safer, John Stossel ~ Century Cable TV (Los Angeles): hostlproducer"L.ASPAN"~ 30-minute public affairs show of in- field set-up pieces/studio interviews with community leaders about cause-related nonprofit groups )- WPBT -Channel 2 (Miami public television): on-air co-host for 2001 pledge drive SOCIAL SERVICES Spanish-Speaking Social Worker (Los Angeles County, 2 years) Elementary School Teacher (Los Angeles Unified School District, one semester) (more) .' Karen Lustgarten/3 EDUCATION Univ. of Calif at Berkeley: B.A. Psychology Calif State College at Los Angeles: Lifetime Calif. Teaching Credential (elementary) San Jose State College (Calif.): 1 year toward 2-year program for Master's in Public Health U.C.LA Extension: Broadcast Journalism Certificate Program; interned at KCOP- TV News (L.A) Univ. of Madrid, In:;tituto de Cultura Hispanica: in-depth summer Spanish program VOLUNTEER WORK Planned Parenth~ So. Palm Beach/Broward Counties (presently): Board of Directors. C4 and Public Affairs Committee Foundation for Moral Courage (Washington, D.C., 2002): AdvisOlY Board member for annual Jan Karski Award fundraising event at Embassy of the Republic of Poland Los Angeles (19905): » National Council of Jewish WomerilLos Angeles: Board of Directors » U.S. Holocaust Memorial Musewn: fundraising events committee member » Academy of Motion Picture Arts & Sciences, Motion Picture Centennial: Steering committee > StoryBoard Development Group (script development workshops): Board of Directors booked prominent screenwriters, script doctors, professors, authors for monthly workshops portfolio of work, demo reel, articles about K. Lustgarten. references available --- ----- fáx ;ff ; 2.18r310G ~ Pqlðf11a /ó-1j-a5 5hJJm+ DElRAV BEAa-I .....4.. *~*** .AI.II LIII uar , ~ II ,! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION Please or rint the foRo· infonnation: 1. l.2stName: MATrocKS 2. Home ~9Ss:SW \'f-th S\r-eet' 3. Legal Residence: I!Þtnhn fJePtJ, NameALL'SON City ~O hton ~eqch City State 11- State M.L E? Zip Code 331.l-U Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 5, ,- TJ7-Bq.85 Business Phone: E-Mail Address: Cell Phon~ t;j cktedØ' Pfhk@ YQ hoo~ com 5' 1- If so, where are you registered? Fax: f~12O 6. Are you a registered voter? nO 7. What Board(s) are you interested in serving? Please list in order of preference: 8. list aU City Boards on which you are currendy serving or have previously served: (please include dates) .. ) 9. Educational qualifications: 10. list any related professional certifications and licenses wlúch you hold: 11. Give your present, or most recent employer, and position: \)e-~.., tJe-Actt qotmt COUNCIL - Vfte ~ic.knt 12. Describe experiences, skills or knowledge wlûch qwlify you to serve on this board: (please attach a brief resume) I hereby certify that aU the above statements are true. and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ()JúMH~ YJf4btlÃ/ SIGNAWRB -JO/(J8/03 DATE' I Note: This application will remain on file in the City CLerk's Office for a period of 2 years from the date it was submitted. It will be the applicànt's responsibility to ensure that a current application is on file. 11/1 (, IY/ II/Iff! tf) ~- ..I,n 1M - r DRRAY lEACH ~ '1111. 1993 ;20çn._ 9-4-¿)S Pelt! i~fJ~:5fO'J-foÍ. t.(:1 (<>n~þ(ð 7;1.,((' ('Q.. L CITY 0'= DELRAY BEACH 111/'1 Ie( BOARD MEMBER APPLICATION (lyIU qlli!-- z'ne / 2- 3. 4. 5. 6. 7. U'hat Board(s) are you interested' ()U-~ I 8. Ust all Cit)· Boards on which )'ou are currently serving or have previ - served: (please include dates) } 7 9. Educaóona.l qualifications: ~ e a.. 10. list an)' related professionaJ certificatioíu and licet1ses which you hold: See 11. Give your present, or most recent employer. and position: h~ ,¡..ß 'See I hereby cenify mst all the above ltatements are øuc; and J agree and understand mat any ~t of m,tfor'Ì.:II facts iØ!~~1tva=_~mypmofany-"3]¡~ 51 NATURE DA Note: This application will remain ~ file in the City ~erk's Office ~~'3 ~ írc.>m the date it was ,ubrrutted. It will be the applicant's responsibility 10 ensure tbåt . cmrent application 15 on Jile. SEP 0 4 2003 ~TION ~ITV ~L'ERK . '> .... Bill Milner 3400 Place Valencay Defray Beachl FL 33445 561-637-8896- Professional History 2001-Present US Census Bureau- Field Representative 1999-Present Pre-Paid Legal Services I Inc. - Independent Associate 1996-1999 - Mustapha1s Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciencesl USF1 Tampal FL I can make a meaningful contribution to the Neighborhood Advisory Board for the following reasons: -- --- · I understand the need for and the mechanics of building consensus . Ability to work effectively with people from all backgrounds · Aware of the interests and concerns of our business community · Conscious of the limitations and the possibilities of public policy · Empathetic to the challenges to homeowners of modest means . I know what makes a community attractive to outsiders and welcoming and comfortable for its residents ,r _ .-.. ~ _ _ _ _. _'4 ____ _ _ __ -~ - ~-~-~.- - - --.- --.-- --- -- - --- --- ~- - ---- - ...-... -~ -... - ~~ ~ .. -- j ~.¡~ - ~- ...._~--- -----=~"'--"-~-~---...~-~-_._---- ------~ - ..._"~-_.....- ... "- -~. - ---- . - ~ ~- - --- -.... .... -h- - ~e4- 9-/~ -éžJ ",¥t:~P! 'tIW 1993 2001 CITY OF ~ELRAY BEACH BOARD MEMBER APPLICATION Zone I thOvk !Q/ne 2- 3. Name~ ~Vì Ci ILL .t. S. Home Phone: Business Phone: &Mai1 Address: Cell Phone: Fax: If 10, where are you registered? 7. , . 8. list aJJ Cit}- Boards on which you are currendy scrv.ing or have previously served: (P1ease include dates) 9. Eduèational qualificaåons: 10. List an)' Tdated professiomJ cmi£caùons and Jitcn5es which you hold: t t. Give your presen~ or most recent employer, and position: r \')tt(;~ Note: 'Ibis applia.tion will remain on file in the City~ ~ ~od of 2 yean &om the date it was submitted. It will be the applicant', ftSPOnsj~tfiit'¡'"" cum:nt application is on ñ1e. ~. ~11011 SEP 1 6 1003 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CI1Y MANAG~ AGENDA ITEM # 9, \:J - REGULAR MEETING OF DECEMBER 14. 2004 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD TO: SUBJECT: DATE: DECEMBER 10,2004 At the City Commission meeting of October 5th, Bernard Federgreen was appointed to the Code Enforcement Board creating a vacancy. This would be for an alternate member serving an unexpired term ending March 31, 2005. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following have submitted applications and would like to be considered for appointment: John Bennett Retired Attorney (also applying for Code Enforcement & Neighborhood Advisory Council). Pearl Markfield Elrod Realtor (also applying for Board of Construction Appeals, Code Enforcement and Site Plan Review and Appearance Board). Philip Friedman Realtor/Financial Aid Kaltman, Kenneth Financial Manager Nicholas Loeb Real Estate A check to confirm all are registered voters was completed. All are registered with the exception of Kenneth Kaltman. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for an alternate member serving an unexpired term ending March 31, 2005. Recommend appointment of one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. '!it <0 ø ~ , èjj I o ~ ~ Ç.) '~ ,,~ ~ &-c 'E-i -< ~ < o = E-i Z ~ ~ ~ E-t < = < ~ u z < Vl 5 z u ~ 0 :> 0 z ~ u 0 ~o ~ < ~ ~ < ~ ~ A..N ~...., ~ < ~ ~ < ~ ~ CZI_ d ;:J -< ~ ê >- ~ zo ::S~~~"""'Zt:JCZI ~ ~ ~ t:Q ~ ~ ~ ...... Õ M ~ 0 M ..,. M ~ 0 s:! ~ Ô '" Ô õõ ::¡ V) -- 0 -- -- M -- ~ -- I- M I- ..,. 0 0 0 - c:> 0 P. P. P. P. P. Q. p. ~ ~ ~ P- ~ Co P- -< -< -< rJ'j CI ~ ~ ~ ~ - E-c Þi c. N < ~ ~ ~ ~ - - a.. ~ ~ - .... ~ 't:S ~ .... =M S..,. CM ~ ~ ~ a.. - ~ = <~ a.. ~~ =0 E-c .... -- ~ = ~ -- ~ 't:S -~ = 0 -- a.. - ~ <~ .- -- a..- CI ~~ < = CI CI 0 = ~~ CI = ~~ CI ~ ~ u .CI ~ ~ '" a.. - = o '" 0 = o '" ~ .... Z ~~ ...,~ o ., ¡:Q ~ :> ..., rJ'j ...,¡:.: £ '" '" ;;§ 3 ., <.> !ã ""0 ~ -< 'E '" o ~ ., [3 G- O èì5 '. OflRAY lEACH .~ 1993 -2001 - /tJ-I -tJ:} i?e-/-,' fled Aft¡ ~ CITY OF ~ELRAY a,EACH aOARD ft'IEMBJaR APPLICATION Zone- :J aean~€<:.-e bÞ. Pleas . tb fiD . inf¡ e tvDe 0.1' D.nnt e 0 1~,: , ormation: t. LastNamé:(36v'~~ ' Name -;:7'O¡-hJ 'N.L C. W. 2. Home Ad~ess: 0' , -State ' ?4p'G>dé 13-::¡- S~æ,¿~ AA' .ty Õe£/~fi'7 3~ A.--- 73 'teJ" 3. Legal Residence: City , State Zip Code SÆhvtE- 4. PrincipaJ Business Aâdress: 'ür¡ State 'Zip'Code J _ Al/A (14"~d altsv-I\~ ) - - 5. Home Phone: Business Phòne: &Mail:Addrcss: Cd1 Phone: Fax: 27c.¡-gf{;,o - c.}. b:~lIf d.c.~(':JQ~.u, l..jJ4- -8160 2-:¡'4-7Lj~ 6. Are you a registered v.oter? Uso. where, arc you registered? yes "Þ&-~7 7š'~ 7. What Board(s) are ýou interested ûuerving? PJeaseJist in·order óf prefèrence: - ;Vc..¡,J..~Ítðl>,( ~,vi1'^'7 tLJ(..,...-,<c.:/) 13~M Df ~wk.t~1- ;,;VuAC4..Ca-A~~¿.J ¡¡~;P 8. List aD Cit):'BoMds on whièh )'OU are currently serving or have previousJy served: (pJcue iøcludè dateS) µñ Þl d ~~rtAd 72rk:. ~ (W..::> () L1š (~ LÞ¡ D Skenj Grn,.,.,.:;f(t.<--- ldJl-oì... 9. Edutational c¡ualificaåom: ;:r. Õ. ~Y1 Æ/hW"k- U", ~ ~ Úù..J B,A. (w/ hnd, hünJY~ ) Sj,o..Øv"lz n.<TYC- c../~ ~ '~~Î LL.µ. Uh,v'i... ýJ;t., 4- (J t:RJ l-, ,""'1,... rJ.n" 10. List any related professional cenifiations and licenses which you hold: ......~ / 75.4)"'-d ;'/ t" .../. L ¿ 'Z?G.../ , , -- J 1. Give your present. or most recent employer. and position: ... UJ. NA-VYj S/JttI'¥ ;f~.c ~Jv/)~ ~,M/h-4)'-"'- A//N'~ IfMt'" ~:roN / 12. Desaibe experiencesl sJúlls or knowJcdge which quaJify you 10 serve on Ibis board: (pJcasc' aa:ach . brief resume) ~ æ~~ot - I heæby certify mat all the above atatements are øue. and I -sreeaød UÐderaand chat any mimatcment of maœria1 &as contained in this application may cause forfeiture upon my .puto( any appoimmcnt J may receive. Ç24--~ ~ f9q-o~ f) 'l-ð-o"3 , 51 ' roJŒ DATE . ~ Note: 11ûs application wiD remain on file in the City Oerk's O~ml2¥J'eaø &om the date it was' "'- .submitted. It will be the applicant"slCSpOnSÏbi1ity 10 ensure I currcnt'PPlåcati01l is on file. . ~1JDN OCT . ,1 2003 _....." _. .-"1' JOHN C. W. BENNETT 137 SEABREEZE AVENUE DELRAY BEACH, FL 33483-7017 COMMUNITY ACTMTIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. ~ 'f.p~/~r 'j-;,J-1J5 OflRAY lEACH ........ -"'*_.. AJf.America c; '1111. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION j . information: £ L- R.-o '0 Qty h ò G-¡q- 12l1-ìD /1 State Zip Code FL '33t1 'J'Í- 7. U'hat Boardoo.uc you in~ested' serving? PJease Jist in order of preference: J'Ó 0 fi /~ Ck I9-í-I n J--A-/U'b 8. 9. EducaóonaJ qualifications: HIGH ~ChÓð 10. LiSt an)' related professional cenifi 'ons and licenses w 'ch you bold: 7- rq. Note: lhis appliarion will lcnWn on file in the Çt~I~Ol a period of 2 years from the date it was submitted. It will be the applicant's respoMiYlily tb' &!iišüiè that . current appliaåon is on file. 1CJ1'YQDJC~11OIl í13¡!UU~ 1ï:11 ~AA RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRERNEWSP APER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTAlE (22 YRS) (multimilJion dollar producer) PRESIDENT: MERRI1T PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEI\ŒER PROGRESSIVE RESIDENTS OF DELRA Y (2 YEARS) MEMBER SWfNWREDEVELOP~NT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR TIlE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRA Y LOOP a..CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING - OF LOOJ¡>-PICKING UP GARBAGE IN SWfNW SECTIONS c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COtdMITIEE FOR THE MILAGRO CENTER tg] UU!/UO! "f.an.tca c; '111 t 1993 2001 p~q/kr / ¡;"ctnc~ ð-.ßØ-- ORRAY BEACH ........ *........ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please 1. information: 2. VAJE> M.l. c&, 3. LcgalRe~ A-~o~ 4. Principal Business Address: City State Zip Code E-Mail Address: Cell Phone: Fax: 7. 8. e currendy serving or have previously served: (please include dates) N0,/\J e.- 9. :i'~n.N :5 ~o ~ 4.. S I Tùr-e .-:::. 10. List any related professióna1 certifications and licenses which you hold: DÑ[A.~\,J f material factS Note: This application will tenuin on file in the City Oerk's Office for a ~od of ~ from the date it was submitted. It will be the applicant's responsibility to ensure tJf4~~~on is on file. S\CJTYCLÐtXIØO.UDIAPPUCATION 1/ r¡ / /YJ M"~ 3 t} t803 ___I "" r:a$ -p~ \ \\..f? \-~\ ecl^",~ <7 6;,0 A-\ \4~ ~ ~(1..\.~ .~~~ 9\ bßW3 $; ~ I -;}- 7 (p - d-(}..D 7 . 6l\..\.C4..~Ð ro . , ':\3. A. I"" '¡;Co~~Ic..::. - H.,.~Cø )~) .. Nrx> ~~C-t J-rx-. IC;~ ~ J\1\~,A-, <8te-<Z.A) ~C»coJ '''''ItA.- I N~o~ C,~ ''7~ -'Nf!)~k e~\e.i\J~ I~ Gt.!:)- /~6~ CLI\J\~N ~Á-Cø~~oÑ ~ TfT-~ ~ee ~~ \.~+ ) 1C¡6:,~-/97~ L.eueft- ~(1œ~~ - ß~ . TA-)( ~~\t9]t~1- 1<i7tJ-- (qCíg' Cl~ L.vvl"'eíf;/~~~ .f.hsl sj~Ü¡v\\.,,~~<;., 4; v..r4 (" ~NfW~9-t OIJ. . IfAl \ t~,-/ 1 (CZ 6.S - (O¡ 'it> ^l.vÑtn.kI$.~""..".JG~- {)~\.ee:i tÑfLll.-c~k~Ýl<.~- L<.Ms . ~(\At~ S-, (~1"9.ll.e(J ('a.H~&v,^,»d~~ ~~~ - K-e.fT\ e.<ò~ J ct~7V'-U;.) ~ ~OD,.I\J co\I~,.,O 7-06-2004 10:12AM FROM NCS 561 330 764.8 P.2 DELRA Y BEACH ~ Alf-AltledcaCI, "lIt 1993 2001 7~-Ó{P GQIlCttJ fhaf'lQ.{!/Ý CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please e or rint the followin information: L Last Name' C~~m~ 2. Ho e Address~ \ \ : c .\ . 08 'N~"",,""" -=>\J\h ...¡~ 3. Legal Residence: t N t ~ j-\:.t.Lt- ~ 4. Principal Business Address: ß~,,", M.L State Z~~;de fl- State r~~~( 8- State Zip Code ~s-ç- Name ....- \-t~ ~~ ~ Ci!y D<tL City c...q CIty f'\6" S~ ~~~~ ~CU-(l E-Mail Address: ~ N<'..S()AU~ (6 lY\ If so, where are you registered? \S~ Cell Phone:~ ( 170-,-/ ð'Sî $~'i83 5. Home Phone: ~(- ~7\{ -{,7JI 6. Business Phone: fL Fax: n ( 13ò -70 YY 7. \"(,'þ~t Boacd(s) are you .intewsted ja ~...nrif\g? Please..ijst in orde{.!>£ preference: ~ .s (}N (' -e ('\-6~~~ 1~n··rl."~ ) 8. LIst all CIty Boards on which vou are currendy ServÙlg or have previously served: (please Ùlclude dates) 9 Educ:atiooal qualifica\Í0ns: N\'-.J.JA.~\. \- ~y ,^sh\'~ Fe Nt--r4 c -Q 10. List ~ny related P~~0t:.. certifications and licenses which you hold 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board' (please attach a brief resume) See. ~ ~ e ve statements are true, and I agree and undecstand that any misstatemeot of material facts . n m,you," fmf';ture upM my put of any 'PPoiotmen~ ì;;;:¡ DATE ' Notc: Th~ apphcauon will remain on ftle in the City Clerk's Office f~.,l?c¡rio,d~~years from the date it was submitted. It will be the applicant's responsibility to ensBfih~lication is on file. SICITYCU!ItK\80ARD\AI'PUCATIOt< II~ 1m JUL - ß 200~ ('ITV ~t I=RK 7-06-2ØØ4 1 ø, 13AM 1994- present- 1982-1994 - 1978-1982 - 1965- 1978- 1961-1965 - NASD Exams - FROM NCS 561 330 764.8 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue DelrdY Beach, FL 33483 National Compliance Services - Manager and Field Auditor National Regulatory Services - Sales and Compliance The Securities Group - Senior Partner! Trading and Compliance Lehman Brothers - Senior Vice President. Tradìng -: established London and Tokyo office for Lehman New York Institute ofFinancelUniversity of Tampa Series 63, Series 7, Series 24 P.3 ***** '\J- ~- OlP ~~ ~ ~þ. ~0~ CITY OF DELRAY BEACH °C¡ 0 /V~Ó BOARD MEMBER APPLICATIONC/J"y B <QO, CI..I:/ilr DEtRAY BEACH f ... 0 « . 0 " fijir 1993 2001 Please rint the folIo 1. Last Name: information: IJtJ.-Y Name N IC Hb JJl5 City ~/¡'tt &tLlÁ City MI. LOEB 2. Home Address: / rJ ro /8 "tnai5S4l)Cc 3. Legal Residence: 0t:t/)1( III above- 4. Principal Business Address: 22!J (?¡/adtJ Rd· ~uìk 223A State Ft, State Zip Code 33183 Zip Code PL Zip Code J343 I City Boæ !lð:h 1'\ State 5. Home Phone: Business Phone: E-Mail Address: I1mlo(b(? 40('Lð~ Cell Phone: :5 Jð 'J'g'1 . t4-¿5" Fax: 5i:J/. 265·3Q70 51;,{'Z4/-<l171 6. Are you a registered voter? y E5 7. B"ra/lo /'1 .ßo,u/ ~. List all City Boards on which you are currently serving or have previously served: (please include dates) NON~ 9. Educational qualifications: ß4{J/£{.()¡¿ OF Sal3Vcc /tv N/lNA6F11ENT I . ANAt\JC£ hA-101L ! 10. List any related professional certifications and licenses wmch you hold: (Je(l.riFtE1:> . I!-¡vÎ '(}Lj FA{£tL 11. Give your present, or most recent employer, and position: NlèJfoL-AJ ~fß INfE1..NAíÌ()N1r L I ff?€5·'ÞENí/ C-e1) 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) SEE A1TA (}IE/) Re~UtlE' I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a licatio y cause forfeiture upon my part of any appointment I may receive. /ðÞb bøo~ DA'IE -¡- Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CI1YCI.£RK\BOARD\APPUCATlON Nicholas M. Loeb mnloeb@aol.com 2255 Glades Road - Boca Raton, Florida 33431 suite #223A- (310) 384-6425, PROFESSIONAL EXPERIENCES 2002 - Present Nicholas Loeb International Boca Raton, Florida President and Chief Executive Officer Los ~geJes, California · Founded a real estate company to purchase and remodel properties. Have a1ready remodeled and sold five homes. 1997 - 2002 International Production Company Los Angeles, California President and Chief Executive Officer · Incorporated and managed a company in the fi.Im, televisìon, and media industry. Develope<J and produced major motion pictures. · Secured financing of $5001(, developed, produced, cast, OQymi",oo. managed and sold the award-winning feature filtn, The Smokers, to MGM, which bas grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the fiIm. · Produced, organized, managed, secured financing and setup several episodes of an award-winning documentary, The Living Century, with the Independ\IDt Documentary Association.. Barbara Streisand served as Executive Producer, and PBS bas aired the show. · Assisted in casting, scouted locations, and rnised funding for the independent feature film, Absinthe. Summer 1997 Primary Colors Los Angeles, California Production Assistant · Secured movie set., and provided and organized extra actors for the feature film starring 10hn Travolta and Enuna Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film management. Summer 1996 Universal Studios Universal City, California Corporate Development, Motion Picture Finance (Internship) · Set up databases to produce information as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tulane University A.B. Freeman School of Business Bachelor of Science in Management; Concentration in Finance · On-Campus Orientation Coordinator · Division 1 Track; Javelin New Orleans, Louisiana OUTSIDE ACTMTtES AND INTERESTS · Council of Trustees for the Republican Party of Palm Beach County · Member of the Boca Raton and Dehay Beach Chambers of Commerce · President of the Republican Club of Delray and Highland Beaches · Centre Kids Connnittee for Center for the Arts at Mimer Park · MSBL/MABL Baseball Player; South Florida League · Deputy Sheri1f. Los Angeles County Sheriff Department · Board Member, LOs Angeles Sheriff's Star Org8ni:rntion (LASSO) · Vice Chainnan, Sonoma Loeb Wines · Mèntber, Host Committee to "Starbright Foundation" 'j . Member of the "Nicholas Committee" to support the New Yorkers for Children (NYFC) · Member of the Escada Heart Committee · Volunteer Wrestling ~ Santa Monica High School · Member, Screen Actors Guild MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~ AGENDA ITEM # q 0 - REGULAR MEETING OF DECEMBER 14. 2004 AGREEMENT /VETERAN'S PARK FOUNTAIN TO: FROM: DATE: DECEMBER 13,2004 This is before Commission to consider approval of an agreement with artist, Carlos Alves, in the amount of $31,196.00 to retile the existing fountain at Veteran's Park. The fountain at Veteran's Park has been severely damaged by skate boarders. This project was identified by the Public Arts Task Team as one that could benefit from the inclusion of an artist to create a unique and beautiful fountain. Artist Carlos Alves is known for marine life themes and will retile the existing fountain using hand crafted mosaic tiles with a marine life motif. Funding is available from various accounts within the 2004 Bond Fund and FY 04/05 Beautification Fund. Recommend approval of the agreement with artist, Carlos Alves, in the amount of $31,196.00 to reconstruct the existing fountain at Veteran's Park. S:\City Clerk\agenda memos\Agmt. Artist. Veteran's Park.t2.14.04 Memorandum DELRA Y BEACH f l 0 . I D " tdb:II ;¡¡jr 1993 2001 Community Improvement Horticulturist RE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT tÞ NANCY DAVILA ~Ç) AGREEMENT WITH ARTIST FOR VETERAN'S PARK FOUNTAIN TO: THROUGH: FROM: DATE: DECEMBER 8, 2004 ITEM BEFORE THE COMMISSION: The item before the Commission is the request for approval of an agreement with an artist, Carlos Alves, to reconstruct the existing fountain at Veteran's Park using hand crafted mosaic tiles with a marine life motif, and to replace the existing pineapple with a sculptural element with a splash-like structure. The total project cost for design and construction is $31,196.00. It is anticipated that the work would be completed by the beginning of March 2005. BACKGROUND: The fountain at Veteran's Park has been severely damaged by skate boarders and needs to be repaired. This project was identified by the now sunset Public Arts Task Team as one that could benefit from the inclusion of an artist to create a unique and beautiful fountain. The Task Team was familiar with an artist know for marine life themes and contacted him to provide a preliminary sketch and cost estimate for the enhancements to the fountain. PROPOSAL: The proposal provides for the design and creation of handmade tiles that include 4 marine life creatures, such as fish, squid and octopus, per square foot and mosaic tiles in seven colors to comprise the background and main surface of the fountain. The design will also provide a new structural element to replace the existing pineapple so the overall theme of the fountain is consistent. The new element will be a splash-like structure protruding from the tiles central column, turquoise bull nose cap as well as railing rings to discourage future skate board damage will be included. Carlos Alves is also the artist who has been selected to do the artwork at the new courthouse. Due to his other commitments he needs to be able to receive his approvals shortly, since the handmade tiles take 6 to 8 week to craft. The courthouse project will begin in April. PROJECT FUNDING: The Public Art Task Team had been given a budget to develop a Public Art Master Plan. There is a balance of$15,925.13 remaining in that account. The Park's Department has $8,500.00 previously designated in their operating budget to repair the fountain. The Balance of$6,770.87 can be assessed from the Parks & Recreation Bond Program. RECOMMENDATION: Staff recommends favorable consideration of the request to enter into the agreement with Carlos Alves for the design and construction of the fountain at Veteran's Park including a marine life motif. The total project cost will be $31,196.00. CITY OF DELRA Y BEACH CONSULTING SERVICE DESIGN/BUILD AUTHORIZATION Date: November 30. 2004 Title: Veteran's Park Fountain RefurbishinQ; AQreement with Artist to Repair & uPQrade Fountain with Sea Life Motif and Mosaic Tiles. Consultant: Carlos Alves Address: 1157 SW 6th Street. Miami. Florida 33130 Phone: 305.326-0800 Fax: 305.326-0833 Service Authorization No. : 1 City Purchase Order No.: City ProjectNo. ~ ()o õ" - DI Ý City Expense Code: The attached proposal for Artist Design and Construction/Contracting services will become effective upon the date executed by the Mayor of the City of Delray Beach. Approved by: Jeff Perlman, Mayor Date: Attest: Approved as to Legal Sufficiency and Form Carlos Alves/ Artist Date: Witness: AGREEMENT THIS AGREEMENT is made and entered into this day of , 200_ by and between the CITY OF DELRAY BEACH, FLORIDA (CITY) and CARLOS ALVES (ARTIST). WHEREAS, the CITY wishes to have the existing fountain at Veteran's Park reconstructed by adding certain mosaic tiles, painting and sculptural metal by the ARTIST. NOW THEREFORE, in consideration of the premises and mutual covenants contained herein the parties hereto agree as follows: 1. The ARTIST shall perform the following items: Design and construction of the fountain based on the approved preliminary sketches. The creation and installation of the handmade decorative tiles with marine life motif. Tiles will take 6 to 8 weeks to make. There will be approximately 4 marine creatures per square foot Creation and installation of mosaic tiles in seven colors which will comprise the background and main surface of the fountain. The design,construction and installation of the sculptural element to replace the existing pineapple. A splash-like structure protruding from the tiled central column made out of aluminum and ceramic tiles. The sculpture would be anchored on the columns, tiled over, encrusted and homogenized. Installation of turquoise bull nose cap to finish the edges of the fountain. The inclusion of 'Railing Rings' made by DECRO Bike Rack Company 'Skate Boarder B Gone' 221 Arthur Avenue S.E. Minneapolis Minnesota 55414. WWW.DERO.COM. Telephone 888.337-6729 to discourage destruction from skate boarders. Grouting of the tiles with a blue epoxy for durability and sealing for low maintenance. Fountain shall be completely functional when the work is completed. The ARTIST shall supply the following: All designs, plans, materials, labor, and supervision required to complete the fountain per the preliminary design approved by the Owner. A POD unit to store supplies and materials. A tent to be pitched above the fountain during inclement weather. Insurance to cover any loss to the work in progress Plans and documents for building permits. City will assist with process, fees will be waived. 2. The CITY shall supply: A source of water A source of electricity Location for POD 3. Construction Schedule - Installation can be done in early February 2005, providing notice is given ASAP and contract signed to allow the commencement of work in early December 2004. Time is of the essence due to other commitments, e.g. the Delray Courthouse project in April 2005. 4. Fees - Fees are based upon the price of $60 per square foot, with an area of 451.50 sJ. to total $27,696.00. The sculptural element for the top of the fountain will cost $3,500.00 Total Price $31,196.00 Fee payment schedule: Deposit/Retainer Completion of handmade tiles & mosaics Final Payment after Completion Total $13,000.00 7,000.00 11.196.00 $31,196.00 The project shall be completed no later than The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the ARTIST. Upon termination the Artist shall only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the termination. 5. ARTIST shall provide the CITY with a written Bill of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 6. The ARTIST warrants that the WORK shall be free of defects in material and workmanship and that the ARTIST shall correct at his or her expense any such defects which appear for a period of two (2) years from delivery of the Bill of Sale for the WORK. 2 7. The ARTIST warrants that the WORK is an original, that the WORK does not infringe upon any copyright. 8. Title to the WORK shall vest in the CITY upon completion of the WORK. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the ARTIST. 9. The ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the ARTIST hereby waives the rights under 17 U.S.C. 106A, and (3) all rights expressly granted in this Agreement. 10. The ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the structure or the renovation, destruction or redevelopment of the structure. Notwithstanding the foregoing, the ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A, Visual Artists Rights Act of 1990. 11 . ARTIST's rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with ARTIST's death and do not extend to ARTIST's heirs, successors or assigns. CITY'S rights and obligations under this Agreement may be assigned without the consent of ARTIST at any time, without prior notice to ARTIST. 12. ARTIST shall notify the CITY of any permanent change of address from that stated in Paragraph 14 hereof, and the failure of ARTIST to do so shall be deemed a waiver by ARTIST of ARTIST's rights to enforce those provisions of this Agreement that require the express approval of ARTIST. 13. Any notice given the CITY or the ARTIST pertaining to the terms and conditions of this Agreement, shall be addressed to: CITY: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 ARTIST: Carlos Alves 1157 SW 6th Street Miami, Florida 33130 carlos@carlosalvesinc.com 3 14. All remedies hereinbefore and hereinafter conferred on CITY shall be deemed cumulative and no one exclusive of the other, or any other remedy conferred bylaw. 15. This writing embodies the entire agreement and understanding between the parties hereto, and there are. no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida and venue shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purposes expressed herein. ATTEST: CITY OF DELRAY BEACH, FLORIDA a municipal corporation City Clerk By: Jeff Perlman, Mayor Approved as to form: City Attorney ARTIST: Carlos Alves STATE OF FLORIDA COUNTY OF The foregoing Agreement was acknowledged before me this day of ,200_, by Carlos Alves, who is personally known, or produced as identification and who did take an oath. Notary Public My Commission Expires: 4 BILL OF SALE KNOW TO ALL MEN BY THESE PRESENTS, that Carlos Alves (ARTIST) for and in consideration of the sum of Three Thousand Five Hundred Dollars ($3,500.00), lawful money of the United States, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does hereby grant, bargain, sell, transfer and deliver unto the City of Delray Beach, Florida, its successors and assigns, a work of art that is the sculptural element for the top of the fountain located at Veteran's Park. TO HAVE AND TO HOLD the same unto the City of Delray Beach, Florida, its successors and assigns forever. IN WITNESS WHEREOF, ARTIST has hereunto set his hand and seal this day of 200 . Carlos Alves STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by Carlos Alves, who is personally known to me or who has produced as identification and who did take an oath. Notary Public My Commission Expires: 5 ; L' " ~ ~..r_ . . #' ~~ - 1-:'1 r . ,~ . ~, ç. . :>- . 1 _.., .._~~~ &, .. . '\ .~ . ~, . .... , . Date: December 13,2004 Agenda Item No. ~ 0 AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: December 14, 2004 Description of Agenda Item: Agreement with Artist to Reconstruct Fountain at Veteran's Park OrdinanceIResolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: H~~ ----- City Attorney Review/Recommendation (if applicable) Bud et Dire or Revi~~~ on all items involving expenditure of funds): Fu ing~lableèS9/No 1ÍaAA.-~¡4 - Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda: 8/ No 1)J-!\. Hold Until: V' \ ~ '\~~- \j{¡(\~ '-\~\\ w~~ ~ ¿;t~~ ~~~ ~()~\~ ~~\~~ ~~ Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER ~ AGENDA ITEM # q P - REGULAR MEETING OF DECEMBER 14.2004 CONSULTING AGREEMENT /WILLIAM PLUM TO: FROM: DATE: DECEMBER 13,2004 This is before Commission to consider approval of a consulting agreement with William M. Plum for a one (1) year period for real estate acquisition services. Recommend consideration of the consulting agreement with William M. Plum for real estate acquisition services. S'\Clty Clerk\agenda memos\ConsultJOg Agmt Plum.12.t4.04 · '. 12/14104 CONSULTING AGREEMENT FOR REAL ESTATE ACQUISITION SERVICES THIS AGREEMENT is made this day of , 2004 by and between the CITY OF DELRAY BEACH, FLORIDA, ("City") and WILLIAM M. PLUM, SR. ("Consultanf'). WIT N E SSE T H: WHEREAS, the City Commission desires to obtain a personal services contract with a real estate consultant/broker in order to obtain properties for certain community projects; and WHEREAS, the Consultant has been involved with Delray Beach real estate for decades and has the unique insight and network necessary to accomplish the City's goals and objectives. NOW, THEREFORE, based on the mutual covenants and promises herein contained, the parties agree as follows: 1. Obliaations of Consultant and City: Consultant shall search for properties suitable for various public improvement projects as determined in the sole opinion of the City and as directed by the City. Consultant shall negotiate purchases acceptable to the City in its sole and absolute discretion. The City has the right to accept or reject all contracts which is in its sole discretion, for any reason or for no reason the City determines is in its best interest; provided, however, if the City enters into such contract within three months of the original rejection, then Consultant shall receive a percentage as set forth below if the contract closes. ~~ ~~ ~ - ~t1.~ -\:)\\4\Oðt 12/14/04 2. Independent Contractor: Consultant shall perform his services not as an employee, but as an independent contractor, and for all purposes including but not limited to federal and state tax purposes, Consultant will not be treated as an employee. 3. Duration of the Aareement: Termination: This Agreement shall be for one (1) year from the date written above or may terminate earlier as herein provided. The Consultant or City may terminate this Agreement with or without cause upon giving the other party thirty (30) days written notice of the termination. If the City terminates the agreement, after a contract has been secured by the efforts of Consultant, and the contract is executed prior to termination, the Consultant shall be entitled to the compensation/commissions, if the contract closes within twelve months after termination. If the Consultant terminates the agreement, no commissions shall be paid after that date of termination. 4. Expenses: Consultant shall pay all expenses in securing the contracts from the hourly fee paid by the City, however, the City agrees to pay the costs and expenses typically associated with the purchase of land and as legally allowed by law (such as, but not limited to engineering, surveys, appraisals, and legal expenses, and other like expenses directly related to the real property). 5. Hourlv Compensation: The City shall pay to Consultant an hourly fee of Two Hundred Dollars ($200.00) per hour up to an amount not to exceed Ten Thousand Dollars ($10,000.00) unless a higher amount is expressly authorized by the City in writing. The fees shall be invoiced monthly to the City by Consultant and paid 2 12/14/04 by the City within twenty (20) business days thereafter. The fees paid to the Consultant shall be deducted from any commissions to be paid Consultant. If no closings occur, the hourly compensation earned by the Consultant and paid by the City shall not be refunded to the City by Consultant. 6. Commission: Consultant shall be paid three percent (3%) for closed sales that Consultant negotiates for a price that is ten percent (10%) or less over appraised value and two percent (2%) of closed sales that exceed ten percent (10%) over the appraised value. On co-brokered sales, the Consultant shall earn up to three percent (3%) notwithstanding the limits set forth herein, if the City agrees to the sale and the sale closes. In transactions where Consultant is paid a commission by other parties, commissions received by Consultant shall be applied against monies otherwise due to Consultant by the City. Consultant shall pay co-broker their pro rata shares of the commission if any are due from the monies paid by City to Consultant. Hourly fees as set forth above shall be deducted from any commissions earned by Consultant provided, however, if Consultant secures a contract for the community/senior center and the contract closes within six (6) months of this Agreement or within a time extension approved by the City, Consultant shall be entitled up to three percent (3%) of the purchase price commission, notwithstanding the foregoing. 7. Current Contract Efforts bv the City: The Consultant agrees to assist the City in securing the Malkemes and Willis contracts and shall be entitled to a commission of 1 % on the closing of these properties, as these property transactions are 3 12/14/04 currently ongoing. The commissions set forth in paragraph 6 above shall not apply to the properties. 8. Indemnification: Consultant shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from work done by Consultant in the performance of the Contract except to the extent caused by the negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by Consultant. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. 9. Venue/Laws: This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 10. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: For Consultant: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 William M. Plum, Sr. 2310 Cranbrook Drive Boynton Beach, FL 33436 11. Entire Aareement: This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and 4 12/14104 agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Approved as to Legal Form: City Attorney 5 Jeff Perlman, Mayor 12/14104 WITNESSES: Signature Print Name Signature Print Name CONSULTANT: By: 6 William M. Plum, Sr. CONSULTING AGREEMENT FOR REAL ESTATE ACQUISITION SERVICES THIS AGREEMENT is made this day of , 2004 by and between the CITY OF DELRA Y BEACH, FLORIDA, ("City") and WILLIAM M. PLUM, SR. ("Consultant"). WIT N E SSE T H: WHEREAS, the City Commission desires to obtain a personal services contract with a real estate consultant in order to obtain properties for certain community projects: and WHEREAS, the Consultant has been involved with Delray Beach real estate for decades and has the unique insight and network necessary to accomplish the City's goals and objectives. NOW, THEREFORE, based on the mutual covenants and promises herein contained, the parties agree as follows: 1. Obliaations of Consultant and City: Consultant shall search for properties suitable for various public improvement projects as determined in the sole opinion of the City and as directed by the City. Consultant shall negotiate purchases acceptable to the City in its sole and absolute discretion. The City has the right to accept or reject all contracts which is in its sole discretion, for any reason or for no reason the City determines is in its best interest; provided, however, if the City enters into such contract within three months of the original rejection, then Consultant shall receive a percentage as set forth below if the contract closes. 2. Independent Contractor: Consultant shall perform his services not as an employee, but as an independent contractor, and for all purposes including but not limited to federal and state tax purposes, Consultant will not be treated as an employee. 3. Duration of the Aareement; Termination: This Agreement shall be for one (1) year from the date written above or may terminate earlier as herein provided. The Consultant or City may terminate this Agreement with or without cause upon giving the other party thirty (30) days written notice of the termination. If a termination arises after a contract has been secured by the efforts of Consultant, and the contract is executed prior to termination and the contract closes within three months after the termination, the Consultant shall be entitled to the compensation/commissions herein provided, otherwise no additional compensation or commissions shall be due Consultant. 4. Expenses: Consultant shall pay all expenses in securing the contracts from the hourly fee paid by the City, however, the City agrees to pay the costs and expenses typically associated with the purchase of land and as legally allowed by law (such as, but not limited to engineering, surveys, appraisals, and legal expenses, and other like expenses directly related to the real property). 5. Hourly Compensation: The City shall pay to Consultant an hourly fee of Two Hundred Dollars ($200.00) per hour up to an amount not to exceed Ten Thousand Dollars ($10,000.00) unless a higher amount is expressly authorized by the City in writing. The fees shall be invoiced monthly to the City by Consultant and paid 2 by the City within twenty (20) business days thereafter. The fees paid to the Consultant shall be deducted from any commissions to be paid Consultant. If no closings occur, the hourly compensation earned by the Consultant and paid by the City shall not be refunded to the City by Consultant. 6. Commission: Consultant shall be paid three percent (3%) for closed sales that Consultant negotiates for a price that does not exceed ten percent (10%) over appraised value and two percent (2%) of closed sales that exceed an amount of twenty percent (20%) over the appraised value. On co-brokered sales, the Consultant shall earn up to three percent (3%) notwithstanding the limits set forth herein, if the City agrees to the sale and the sale closes. Consultant shall pay co-broker 50% of the commission from the monies due co-broker paid by City to Consultant. In the event there are additional co-brokers, the Consultant shall pay the commissions due from the commission Consultant receives from the City. Expenses and hourly fees as set forth above shall be deducted from any commissions earned by Consultant provided, however, if Consultant secures a contract for the community/senior center and the contract closes within six (6) months of this Agreement or within a time extension approved by the City, Consultant shall be entitled up to three percent (3%) of the purchase price commission, notwithstanding the foregoing. 7. Current Contract Efforts bv the City: The Consultant agrees to assist the City in securing the Malkemes and Willis contracts and. if necessary, with the Churchill land as well, on an hourly basis but shall not obtain a commission on the closing of these property as these property transactions are currently ongoing. 3 8. Indemnification: Consultant shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from work done by Consultant in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by Consultant. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. 9. Venue/Laws: This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 10. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: For Consultant: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 William M. Plum, Sr. 2310 Cranbrook Drive Boynton Beach, FL 33436 11. Entire Aareement: This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 4 Modifications to this Agreement must be made in writing and mutually agreed to by the parties. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Approved as to Legal Form: Jeff Perlman, Mayor City Attorney 5 WITNESSES: Signature Print Name Signature Print Name CONSULTANT: By: 6 William M. Plum, Sr. Dt zIV\ TO: THROUGH: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION ~EN~NAGER PAU DORLlNG, DIRE 0 OF PLANNING AND ZONING ROBERT G. TEFFT, SE R PLANNER~7 (J/.2¡-+(-' MEETING OF DECEMBER 14, 2004 REQUEST TO ESTABLISH THE DELL PARK HISTORIC DISTRICT, WHICH IS GENERALLY DESCRIBED AS THOSE PROPERTIES LOCATED BETWEEN NORTH SWINTON AVENUE AND NE 2ND AVENUE AND BETWEEN GEORGE BUSH BOULEVARD AND THE NORTH SIDE OF NE 13TH STREET. BACKGROUND I ANALYSIS At its meeting of March 3, 1998, the City Commission adopted the Seacrest / Del-Ida Park Neighborhood Plan. The Neighborhood Plan proposed traffic calming measures, streetscape improvements, the installation of public parking lots, and an F.E.C. Railroad landscape buffer. The adopted Neighborhood Plan also contains a recommendation that a historic evaluation of the buildings in the Dell Park subdivision be conducted and that if the results of the study indicate that it is warranted, that the subdivision be designated as a historic district. An evaluation was conducted in 1999 and again in 2004 and identified 98 of the 240 properties as historically contributing. Therefore, the Dell Park neighborhood meets the criteria listed in LDR Sections 4.5.1 (B) (3) (a) and (b), to support the creation of a historic district given the distinctive architectural styles. In March 2004, staff discussed the potential creation of a new historic district with the Historic Preservation Board (HPB) and the Board recommended the creation of a formal designation report. The initial district boundaries were to be based upon the plat boundaries established for Dell Park in 1922, which extended from North Swinton Avenue eastward to NE 3rd Avenue and from George Bush Boulevard northward to the north side of NE 13th Street. At its meeting of August 18, 2004, the Historic Preservation Board (HPB) conducted a formal review of the designation report for the district and set a public hearing date of October 6, 2004. The public meeting with the Dell Park Homeowner's Association scheduled for September 13, 2004 was postponed due to Hurricane Frances. Accordingly, at its meeting of September 15, 2004, the HPB rescheduled the public hearing date on the designation to October 20, 2004. The Planning and Zoning Department staff met with members of the Dell Park Homeowner's Association on October 13, 2004, at which time staff discussed the benefits and impacts of a historic designation on their neighborhood and answered questions from the residents. At its meeting of October 20, 2004, the HPB held a public hearing and while some members of the public spoke in favor of the proposed historic district designation, others spoke against the designation citing concerns over homeowner's insurance availability and costs and the means by which modifications to structures are processed. The Board voted unanimously (7-0) to postpone action on the designation request until the Board's meeting of November 17, 2004, to allow the residents additional time to obtain information on the benefits of a historic designation. At its meeting of November 17, 2004, the HPB conducted a second public hearing in regard to the historic district designation request. Several members of the public spoke, citing concerns over the application of a historic designation including concerns over additional bureaucracy. After reviewing the staff report, the Board discussed the possibilities of modifying the \aA City Commission Documentation Meeting of December 14, 2004 Dell Park Historic District Page 2 boundaries of the proposed district to obtain a higher concentration of contributing structures. The Board voted 6-1 (John Miller, Jr. dissenting) to forward a recommendation of approval to the City Commission to establish a modified Dell Park Historic District being generally described as those properties located between North Swinton Avenue and NE 2nd Avenue and between George Bush Boulevard and the north side of NE 13th Street (see attached map). The historic district, as proposed by the HPB, consists of 97 properties of which 39 would be considered noncontributing and 58 would be considered contributing. The contributing properties represent 59.79% of the modified historic district, which is a significant increase from the 40.8% proposed with the original boundaries. Additional information concerning the proposed historic district can be found in the attached Designation Report. RECOMMENDATION Move approval on first reading of Ordinance No. 73-04 to establish the Dell Park Historic District, as proposed by the Historic Preservation Board, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 4.5.1 (B) (3) and 4.5.1 (C) of the Land Development Regulations, with second reading to occur on January 4,2005. Attachments Dell Park Historic Dlstnct (Ongmal Boundanes I HPB Recommended Boundanes), Ordinance No 73-04 and Designation Report =u ~l \ \ J = ~tIffiHEATHER LANE f--- º :r: -\ HIGHLAND LN. _ _ _ _ _1. J - - - - - -- ~ - -- l-GRo-J£- WAY]_ - ~~ - - - --- ~ ~. - r ~ . v/~;~/~ "S7~~3P?J .." ~ ~ ~ ".0 '951~t¿ "..~;jl"·4 '96. '9.2, ..5. '96' ...0 . " l~,r..;~ 209 f.8?:a 219 ~ m ". 24' I '" '" 25' . N.E 13TH ST. 0' 11'1 lal I r ,to,..! ,,!t~ Ut w.:1 -ut Oll ~ßY ((l trt In e.z 0Cil tçl 09l zgz tit R9Z ClZ) I . ',J ',J,J ".. &0g~~ V¿, J ~ 1965 1958 1968 1956 ïr'1.92~r ,19.26, 195 I,,[r J..r... Igga 1958 1-f;":'W925 19581958 PARKING 195619581962 19661965 1965 1966 19fi6 . .. Or 'rr t;::r;:r;:r;: I,-"~ lOf >L.Í , ,J ',J,J r.s:,(./"', ;is' ,..r;ÓŽ5 N w. 12TH 5T: ..35 i! ; 1~1:'~5~ '956~J: :" fæ ".'!'96í"·'V~~ 0 .9.. 1971195.'969 ~§ '95. '962 "6J!'9591"531953~~ '952 :::: J~ ì r.-J u r;;-1ff,'r toJ r~,í 1151,111,2, 0' 209 21J 717 225 221 2.U :zJ7 \ 241 '245 14t ~~ 263 265 I ----., N.E. ~ 12TH . --' r-,..r;...r::::r "1 r81..J;; lOI 001 2¿ «I @ m ~/""~ Oil ~M Ut r~ ~ ~q& ,~r. ¡;¡ 19' r.:\ ~ ,~ 'm ~: ~ ~ '956 $j~ '95J ',i'50 ~ t: ¡ 'rlI ',J,J ~19"_W ~ 's « I~-'l'/h , I ¡:a: - 5 ¡¡J'.!~ .r'.J ~ · . ~~\g~~ ",.' '951"" >9" 1';"; '%0 >956,.. ~"53 ..... ~ ¡Pßj ..,. 195. '911 1956 . ,-,J ',J,J,J r ¿, 0-';;::.J-' W ".J lr'~-'I ~) I 1~ 21 101 105 11]' 111 121 II .-11'25..J, (f) 201 209 211 211 Z2'I 225 N.W.11THST N.E '---" 11TH ST.' I ~ ~ j ~Ol U~ZO~ teL t<U v~~ V4 tol ~l ~ ~l III ort ~-S1?5'~ ~,~~~~ eçl 1:~~ I · 0 ".. ~ rr.'gf,.I f,;'~I.?, '951 '95' V~~ r 1";-';; "" ,.., 19" ,~;¡ '96' '%0 µ ,~ri.r,'g~ ';~B'~~ "., V.C..' g a ~..... :." ,"" ~".,¡-:" ::' ~.. ~~ '~''" .... c:,~ ..,.- ." 1: ~ I.~.~~I 10' '" 1i.5 ,,;;,-', ,,. = '"1~ì-~n 221 m ~ m 2"sT "'. Z 01 ~o~ ~:Jl~ }~r~t:r~"~~ IIUI 0 ~ ~ all:; .U[j-~l aa; tu 0(,( K~8[l or ÞlOIiZ IÇZ: V"'C"'''H I 0',,", ,J.=-,_-' -;'_~ ~_-;\,-'.=-,,"" ,J 200' ~ Z ~...(a ~_o::'. ,:-;'.~, ..I. S ~ "51 "" ",., ".. ,.., ,!~,}9;~ ".. . N 7)ß >955 '95'r·905µ','-" 19" 19" '~1, "'9 '''' '95'(" >9" . (f) Wi~ ~.1 '''3 . . , ,J J ~d VAGNOf; . !! "" "" "SJ "" '''2 "00 '''' . 2 '9.' '95J '952 :1~,<.5, .'~56 19",'"'0, "56 J!~'95. J'''. 7 11 21 1M 111 121 2004- § 211 21.5 r'rr7'lr' ';~ mln) 1_1 ~.1;~ 248 1~ · N E. 9TH ST' · ,!~g.. ÞIµ-~81 Ir'¡:: ~~,g~ -'¡! a. ~ "~J æ 0« ~I'" <>< ~ ì. · :'~JOI19¡!1 ~,~ _ J,r.g 1956 = ~ "" ~.{, '''.1 ~ I ~31 ;;1"" '953 ~ ~ . 19]11 ...... 1980 Z ',! r.[ '905'§ W ~ ,m J,J J. . 1925 191-1fI~48 19~:192J 1,149UI9~U I J............ r Z· I J.! I : LJu --.,- r- 1946 1915 1914. 1979 1966 . r ;1f,)g µ ~.-1 J ~ J.-J P ~ .... 1~4~..1 1963 ~ ~. . ';'GË~~~~;-Ï~"~';'.. B7JSH-. .2'~. ';. .Š'ÓULEVARD'; ~ - ~~. ( I I « c., ~ ~ o .¡¡..; ~<::) « - z « ..::,.'?' N S 0-0 <õ H N W. 9TH ST t I \ N W. 8TH ST. - N W TH ST --.., I 7 t------ ~ r---- IJf~~,'c~~ ~/'I~ ~59 :-).. V I ¡ '96' "" 1965 '965Î: I 2S1'" ,.g mi. N E. 14TH ST. ST. .W, ... f", r"~ m 'Il 1950 1969 ;1t~ ',~·t 1965 1965 ..~~ '962 1963 ...3 1981 1953 1961 m 241 145 2-4' ~3 2'51 - - NE. 7TH a 0::" r<) ST. I--- -w Z ¡ l L ~<v 0' L.Í ;il N - PROPOSED DELL PARK HISTORIC DISTRICT 10 Wb1 1975 107 CITY Of" OELRA Y BEACH, FL PLANNING Ie ZONING DEPARlMENT STREET NUMBER BLOCK NUMBER CONTRIBUTING YEAR BUILT - - OICrrAL BASE MAP SYSTEM -- II-- w x ã , / ~I / V:::- Þ8 I / I / / ~ - I-- - - f-- I-- - - - '--- L- ~ - - r- '- ----- HISTORIC BOUNDARY MAP REF: !.MA172 i i N W 8TH 5T I I - N W 7TH 5T N - "' J 7 I f----- r-------- ~ t--------, ¡i! r,~,~:~, ,1, ~ \\' ~ >- ~ :c () ~ I I I o -' o I I ~ f fA ,~-I~LJU /1 H ~I I I , I I T r l I 1975 10 PROPOSED DELL PARK HISTORIC DISTRICT 107 CITY Of" DELRA Y BEACH, FL PLANNING &< ZONING DEPARTMENT ~z\ I \ ! !, i i i ~; HEA;THE~ L~NE : ¡', II' ~« I I ! 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Z C " J-f_ Ol-'j"..r:'f',J: 'O<¡I", ~ '"'''' "';.J - ..r"¡'fI 0" "'Ir""CO~~' '" OC,~O£;¡"" ,m "., 0", 9<, . : ~?-r~~~='?Lr~~ 2004 :=///.-r + l<-'~~ ':~~~J.: .J.. J VACANT ::::::> '::= 1951 \958 r-.!.947- <-i '194& lf411925~1~Jv" 1930 _ 1986 ,-192~r ,s::%: 1955 1957 1t125 1S125 192.9 !J2~ 19JQ, 19791979 1951'¡"951 \952 ::> ~ 'rJ,rJ'......J ~~~&-'J -.:.F:..r,..r "-'-~': J, ~,-,l U) ; rIrS...!'"...... f-l 1931 .--'...J~ \Jr.!J 196;] I %~~-w :, r~':;~¡;J.. i I ,~- ~~~ SS I J ~ I ß 1951 19~ j.195J y'9~~ 1962 _1980¡1919~ .... 1961 1'953 1962 ~925",....i 1~J81958'9JOrHaS8'19.wt1958 VACANT '7 ~.f ~~~~ 109 i'17!\21~ 2004;' 12<1 :21.5 ~~~~~~2.B:2J91241~~249i 1~~ I .' N E . 9TH ST. 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I' , ,--- ~ q~ -::.f>;; i , I i N ~ 0 N E 7TH ST, <òo-0] ß5 -'i I !I-w ~~ wi z ~. -I Z I ! ¡ ! <) I STREET NUMBER YEAR BUILT BLOCK NUMBER -- DIGITAL BASE MAP SYSTEM -- V~:::f"J'] V,.;~/..r1 CONTRIBUTING I !!:!/ X õ / / V;::- }/ U) ~ - - - - - r--- f-- f-- I--- '-- r-;- - f-- ¡i ¡ 1 ----- MAP REF LMA 172 HISTORIC BOUNDARY ORDINANCE NO. 73-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA, LOCATED BETWEEN NORTH SWINTON AVENUE AND NE 2nd AVENUE (SEACREST BOULEVARD), BETWEEN GEORGE BUSH BOULEVARD AND THE NORTH SIDE OF NE 13TH STREET (DELL PARK HISTORIC DISTRICT) AS AN HISTORIC PRESERVATION DISTRICT; AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation of historic districts; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the historic preservation district; and WHEREAS, on November 17, 2004, the Historic Preservation Board of the City of Delray Beach recommended 6 to 1 that the property described herein be designated as a historic preservation district; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the historic preservation district described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the following described properties in the City of Delray Beach, Florida, are hereby designated as the Dell Park Historic District in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Blocks 2, 3, 6, 7, 10 and 11, of the Plat of Map of Dell Park, Palm Beach County, Florida, as recorded in Plat Book 8, Page 56 of the Public Records of Palm Beach County, Florida. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. MAYOR ATTEST City Clerk First Reading Second Reading 2 , ORD NO. 73-04 Dell Park Historic District Designation Report 'Jc ,'if , City of De/ray Beach October 2004 ¡[¡:.. ;1 r:1' ~:..:! "I "'·'II..:.\:a ..... . :~~ " r I or~' I. Statement of Purpose Dell Park Historic District The proposal to establish the Dell Park Neighborhood as a designated historic district was city initiated and began in June 2004 as a direct result of the recommendations noted in the Sea crest-Del-Ida Neighborhood Plan dated March 3, 1998. The boundaries were chosen based upon the plat boundaries established for Dell Park in 1922. The district was chosen for designation based upon its high architectural integrity and diversity of architectural styles as well as its contiguous expanse of extant contributing historic buildings and structures. II. Location Map & Boundary Description The proposed Dell Park Historic District encompasses the east side of North Swinton Avenue to the west and NE 3rd Avenue to the east; the north side of NE 8th Street to the south and the north side of NE 13th Street to the north (see attached map). ~ WA) r--.- -.- · ;¡ · 'O__On__ · · · NW12THS.: I. . . . N ~ PROPOSED DELL PARK HISTORIC DISTRICT 1975 10 w.a ----- an- OF 0BJtA y to.Ot. Fl. ~. lONNÇ OIPI«'hIfNt "-00<....... -"""''''''"'''''' -- IJtGfTAL S4SC IMP srsn;v -- fIN" iliff' UM.1n III. Architectural Sianificance The period of significance for the area is between 1922 and 1954 based upon recordation of the Dell Park plat and the last of the original houses constructed within the area prior to the influx of infill. Predominant architectural styles include Mission Revival, Masonry Vernacular, Minimal Traditional, Frame Vernacular, and Mediterranean- Revival. The following is a brief description of those styles: §§ §§ Frame Vernacular (1900-1940) - Constructed of wood framing and reflecting no high architectural style or formal architectural design, the vernacular house can be either symmetrical or asymmetrical in design. Built by laymen, often the owner, with no formal construction experience who utilized local building materials and craftsmanship techniques (also Masonry Vernacular). Mission Revival (1920-1935) Minimally ornamented with built-up, flat roofs often with stepped or curvilinear parapets, a wood or hollow clay tile frame with smooth or rough textured stucco exterior. Tile visor roofs over windows and entryways are also common. Fenestration often includes casement windows and arched entryways. Mediterranean Revival (1915-1940) - Influenced by the Italian and Spanish styles and popularized by Henry Flagler and Addison Mizner, this style displays low pitched, multi-plane roof lines often with red clay tiles and little or no overhang. Tile visor roofs are also common. A stucco exterior, often textured, covers an asymmetrical, wood or hollow clay tile frame. Arches are prevalent within the fenestration design including entryways, arcades, and colonnades. ~OIJ IßJ Minimal Traditional (1935-c.1950) - Typically, a one-story building displaying a low or intermediate pitched cross-gable roof with a large chimney. Shares Tudor style traits such as rock or brick facing (particularly on the chimney) and minimal wood detailing. Popularized after World War II, this style is often associated with tract housing. IV. Historical & Cultural Sianificance The Dell Park plat was recorded in January 1922, submitted by Boyd Hawkins, President and General Manger of the Floridixi Farms Company as part of the 70 acres associated with the Sea crest neighborhood. Dell Park was platted in lots ranging from 24' to 65.5' wide; though the majority were platted at 50' wide lots. The area was originally a pineapple farm. As agriculture made way for the development boom of the 1920s, it is speculated that the land was available for purchase and development of single family homes. This is reflective of the mid-1920s Mission-Revival and Mediterranean influenced homes that can be seen today. According to the Seacrest Neighborhood Plan, only one home was constructed in 1922 but by the end of the decade, 45 homes were constructed throughout the Dell Park subdivision. The plat assigned street names influenced by western U.S. cities that included: Phoenix Path (NE 8 Street), Seattle Street (NE 9 Street), Santa-Fe Trail (NE 10 Street), Denver Drive (NE 11 Street), Salt Lake Way (NE 12 Street), Cheyenne Road (NE 13 Street), Boise Boulevard (NE 2 Avenue) and Sacramento Pass (NE 3 Avenue). At the time the plat was recorded, NE 2 Avenue, also known today as Seacrest Boulevard, ended at NE 13th Street with only pine scrub beyond and did not expand further north towards Boynton Beach until after World War II. One of the first houses in Dell Park was constructed on NE 9th Street east of NE 2nd Avenue according to an oral interview of Margaret Manning (who originally owned 222 NE 9th Street), conducted by Dorothy Patterson, city archivist. The streets were lined with Coconut Palms at that time and NE 2nd Avenue was only a shell rock road. One prominent local family who settled in the area at this time was the O'Neal family who resided in Delray Beach since c. 1918. Samuel Elliot (S. E) O'Neal was the eldest of four brothers who moved to Delray Beach from Fairfax County, South Carolina. The O'Neal brothers were produce farmers west of Delray for a number of years and gradually moved to town as the farm prospered. S. E O'Neal married Shirley Bradley in 1921. They purchased 910 N. E 2nd Avenue from Herbert Harrington on May 21, 1930. S. E and Shirley O'Neal had one son, Bradley O'Neal. Bradley was the first Delray Beach resident to die in the armed forces in World War II. The local VFW Post is named in his honor who was killed during the Italian campaign in 1942. Bradley bequeathed one-half of his serviceman's life insurance policy, in the amount of $5,000, to the Delray Beach School Library. T. M. O'Neal, the next eldest brother, was listed in the 1920 Palm Beach County directory as a garage owner in the town of Delray Beach. He later entered the insurance business and maintained an office above Huber's Drugstore, a city landmark. T. M. O'Neal was elected to the Delray Beach City Council for a two year term starting in 1925. He later became a Palm Beach County Commissioner. Fred A. O'Neal became a lawyer. The Delray Beach Historical Society has a file of stock certificates and patents indicating he invested in several local businesses (Frysinger-Brigante). The area developed slowly but steadily in the 1930s with the transition from more detailed Mediterranean inspired homes to Frame Vernacular and Masonry Vernacular dwellings. Clapboard clad houses with cross gable and hip roof are still prevalent between North Swinton Avenue and NE 2 Avenue. Most of the houses were constructed with rear cottages which served as temporary housing while the larger, main dwellings were being constructed. These cottages later served as rental housing for servicemen during World War II. Post World War II, the area experienced a construction boom in order to accommodate returning Gis. Masonry Vernacular and Minimal Traditional style construction prospered with more readily available manufactured materials and labor. According' to Sandy Simon, Delray Beach historian, low cost housing was prevalent in this area and as construction expanded so too did the area's residential neighborhoods to the north towards the Delray-Boynton border. Local directories from 1953 clearly show both permanent residents and tourists in this area who rented the houses seasonally. The majority of the remainder of the neighborhood's building stock was constructed during the 1950s and 1960s including numerous Ranch style houses. These houses are considered non-contributing due to either age or lack of architectural integrity. V. Statement of Sianificance Pursuant to the LOR Section 4.5.1 (B)(3), a district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; and, (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. To qualify as a historic site, or historic district, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The area qualifies as a historic district under the following criterion: (a) portrays high styles and local interpretations of distinctive architectural styles and (b) embodies distinctive characteristics typical of those styles and period of construction. A significant concentration of the Mission Revival, Frame Vernacular, Masonry Vernacular, Mediterranean-Revival, and Minimal Traditional styles of architecture are prevalent within the proposed boundaries and the contributing status of these building is considerable as the majority of the buildings have maintained their architecturalmtegrity. VI. BiblioQraphy and Sources Delray Beach Surveys - Florida Master Site File Forms, 1999 & 2001 Dell Park Plat, January 1922 Sandy Simon, Delray Beach Historian, Phone Interview conducted with Wendy Shay, Delray Beach Preservation Planner, June 2004 Delray Beach Historical Society, Oral Interview with Margaret Manning (222 NE 9th Street), conducted by Dorothy Patterson, 1990. Miller's Delray Beach, Florida City Directory, Volume III., 1953-1954. Delray Beach Individually Listed Designation Report for 910 NE 2nd Avenue, prepared by Jack Frysinger and Starr Deppe-Brigante, 2002. Seacrest/Del-Ida Park Neighborhood Plan, City of Delray BeachlDelray Beach Community Redevelopment Agency, adopted March 3, 1998. [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~nn N\V hI AVE'\l'E . Dn R,\Y BEACH. FLORIDA 3344.+ I [cLf.PIJO\;F 5h I /~43- 7n()() . f-'\CSI\IILE 5f'¡ /278-4755 Writer's Direct Line. 561/243-7091 DELRAY BEACH r L U RID ... Dad All-America City MEMORANDUM " III!~:~E December 6,2004 City Commission David Harden, City Manager ~ \,--......r,/~ Brian Shutt, Assistant City Attorney Resolution 89-04 (Sale of Property to 335 SE 1st Inc.) 1993 2001 FROM: SUBJECT: Resolution No. 89-04 authorizes the City to sell vacant property located at the NE corner of SE 4th Street and SE 1 st Avenue, to the adjacent business, for the purchase price of $25,436.00. Incorporated within the resolution are the terms and conditions of the Contract for Sale and Purchase. Please place this item on the December 14, 2004 City Commission agenda. Please call if you have any questions. Attachments cc: Chevelle Nubin, City Clerk Dan Beatty, Deputy Director of Public Utilities OJ{ eÞ\ \Oß c (. RESOLUTION NO. 89-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at the northeast corner of S.E. 4th Street and S.E. 1st Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to 335 S.E. 1st. Inc., as Buyers, for the purchase price of Twenty-Five Thousand Four Hundred Thirty-Six Dollars and 00/100 cents ($25,436.00), said property being more particular described as follows: Town of Delray, Lot 12, Block 80 Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "An. PASSED AND ADOPTED in regular session on the day of 2004. ATTEST: MAYOR City Clerk EXHIBIT" A" CONTRACT FOR SALE AND PURCHASE CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"), and, 335 S.E. ¡st, Inc., ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Town of Delray Lt. 12 Blk. 80 II. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .US$25,436.00. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before December 30, 2004 any deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 1 day before closing date, Buyer may obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before Aprill, 2005, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or ftont lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. VIII. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS 1'.. E'Itiden£e of Title: 1'. title in&manc8 cemmitm8nt iSSG""} by a FIBrida lic@ns@d titl@ msyr@r agni!@ing tø issy@ tB BUYK, upeR recBrGiag of the d8@d to BUYK, an OVlIUJr'S ¡wHey Bf title insmanc@ 1R the affimmt of the purchas@ pric@, insur.ag Buy@r's titl@ to real pr-ep@rty, subj@ct Bnly to li@H&, @Bcumbranc@s, @xc@ptions or qualification set forth in this agr@@m@Ht and these \'I:hÜ:h shall b@ discharg@d by ð@ll@r at ar Ð@f-ør8 closing. ð@Ihu shall com'@y a marketable title Subj8Ct only to liens, @ncumbr-anc@s, @XC@ptiORS or 'iYalificat1ens s@t fertb. in this agr@@ffi@Rt aRd those '!.'hich shall b@ discharg@d by ð@ll@r at or Ð@for-ß closmg. Marketabl@ title shall b@ d@t@rmm@d ð accaramg to ap¡¡licaèl@ title staBaar4> adoj)ted BY autharity of The Flarida Bar aad ÎB accøraance '!lith l¡w.'. Iftitle is f.eaaa defective, Buyer shall notify Seller ia 'Jfriting €p@cifyiag def@ct(s). If th@ a@f@ct(€) reaG@r title 1HmI.arket able, Seller w1l1 have one 1mBæ-ed twenty (120) Gays from r@c@ipt of notice within which to r@mon the aef@ct(s), falliag which Buyer shall ha'1@ the eptlon ef either accepting the title as it th@n is or d@maRGing a refund øf depesit(s) pais which shall immediately b@ reWmed to Buy@r; thereupoa Buyer and S@Y@r shall r@lea8@ one anoth@r of all furth@r obligations under the agt'@8ß'I@nt. Seller will, if title is foaad aamark@taÐle, us@ dilig@Rt @ffort to cørrect d@f-ect(s) in title ,,/ithÎB th@ time !:Jm·/ilkd therefor, ÎBcluaiag the briBgiBg efnec@ssary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. ID~ress aDd E~ress: Seller '}/an:ams and r@pres@nts that there is mgI"-ess and egress to the real property sufficient for the ÎBt@Dded use as d@scrib@d hereia, title t9 whiGh is ÎB accordanc@ with. Standard A. D. ~: If ap¡¡licabl@, Seller shall, not less than fift@en (I j) days b@fore closmg, furnish to Buyer cøpi@s øf all writt@n leases and est9ppelletters from each tenant specifying the Ratur@ and dW'ation of the tenant's occupancy, r@Dtal rates, advanc@d rent aDd s@curity depesits paid by t@aant. If Seller is aaabl@ to o'otaæ such letter from @ach t8ßant, the same iaf-ørmatioR shall be furnished by Seller to Buyer '.\'ithiD that time period iB the ferm of a Seller's affida'¡it, and Buyer may thereafter contact teRants te coafum such information. Seller shall, at closiBg, dehv@r and assigR all origiBalleases to Bay@r. E. ~: SeDer shall furnish ta Buyer at time of clesiBg an affida¥it att@stiBg to the abs@ßce, aaless otherwise provided far hereia, of :my fmanciag stat8ß'leBt&, claims of lien er pot@BtÏalli@neFs lœewn t9 Seller aDd f1,¡r.h@r attesting that ther-e ha'1@ b@@R De impr.e·/@meRts or repairs to property for BiB@ty (90) days Ïß::m:K!Qiately preceding date of closing. If preperty has b8@R improved, or repaired withiB that tim@, S@ller shall deli'¡er releases or '.vaiv@Fs of m@chanics' H@RS ex@cated by all g@R@ral comractors, goocomractors, suppliers, and materialm@R in additioR to Seller's lien affidavit setting f-ørtÈ1 the nam@s ef all such g@R@ral contractors, s\IDcon tractors, sYppliers and materialrn@R aBà further affm:niRg that all charg@s for Ïln¡)rovem@nts or r@f)airs which could serve as a Basis for a m@chanic's line or a claim fer damag@s lw/e b@eR paid ør will B@ paid at cløsiag. F. Place of Closine:: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein ofless than SIX (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. DOÐUlReAts for ClosiDe: Seller shall fw'Bish deeQ, Bill of sale, m@chanic's li@R affiQavit, assignments øf leases, t@DaDt and mortgagee @stappel letters, and cOITe(:tiv8 ÎBstruments, closmg stat@m8Dt, mortgage, mortgage Bote, s@curity agreement, and finaRcial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Buyer. Recording warranty deed shall be paid by Buyer. 1. ProratioRs; Ðredits: Taxes, aSS@SSlReRts, feat, interest, iBgaraace and ether @xp@BSes and revemle of property shall b@ prorated thrøl1gh day Befor@ closing. Buyer shall ba':@ the option to takiag av@r any @xistiag policI@s of msW'aBc@, if assumable, in which @'!@Bt pr@mÏ\lms shall b@ prorated. Cash at closing shall b8 -2- /// increased (;Ir secreas@d as m~ be r8 w@d B " . occapancy occars Befere dosin Aff. ) pmrat1Bns. PraraaOB& y¡iI1 Be mase thr . Mid 1>1' ...«g.g.. wHl bo ,,,,~~:ij - ~ """it I' d",ooi.. win .. ",<Ii"" "';;" I!u;':::'~ to .,~,y if al10WaBce maG@ for max. , sr. axes shall Be prorated Based ß @scro.. l2epOSlts w.... lb. ,_ 1'.,,', miI-' all&wol>!. ~.........a ..,.¡ "... ......: th. 'I~@nt. year's tax '.'lith due age IS not fixed and SYH ~ I ~ 00&. 'i:' closIng aGsm:& t d ..... ..... .""...OBI ORd !he """ ' ,', ... Y..... ..,,- ¡. ",oil..", , ....n .nn._n a a ..... ""","d .. !be ...... 1'...., tax .: ~'" øH1ag., If........ _', ..."...... i, ..; ~,a~ hi I · "",_d b."d ,Io'rog wltio. """,ov_ ..:... ~ ..., ..'"1'1.104 "-YO...... OR "oJ 1'0' a: a ,a .,!he...... wiij b. b....d IIpOR !he pri. ,:' RO' ,. ""-,. .. __ I" of Ib ,P P '" h\ 1_ I,'.f Y'" .f r year g Imlage and at an . hI @ ¡mor year then W¡,@S sa II b wRi.", ,,_, will b. ...... to lb. C ' ..,..Ia' ~........ to bo _.d Un" b. .. a.... ¡>ro<aIOd ",""abl. ....."rio.. '. ' . ...., Pwt>""" ."-!>pm"" fot- OR _ '" p ",~ !he p....", fa>lmg "¡",,!,,.RtIy ,oadj,,;'d':";.. ":'. ~'7'7' b~d OR OR ._ _, at ",'!"':':''''~ - '.......rorioR statemeBt. c@1f) 0 tax bIll (;In conditian that a st t @1 @r uy@r or ~@n@r, b@ a @meat to that eff-ect is in th@ closing t: G K. Spe~ial MsessmeRt Li . G . o ate of closing (and not as of~ffi ." eRS. @mBeQ, caBÍHmed and ratifi@d· . """",d hI' Q"I''''' If the ' ,. -,. Date) ... to b. paid by Sol1m-, PoodiR r "'",.¡ ............ I"",,,. ,ball b. ,0..idM.d .. '.Hifi":.i:~::;"'·' boo b~ _I' ,0'"l'I...d " .~ ¡;';,.::', .~da" of .Io,;"g ?ltall b. last @&timate (;If ass@ssmtmt ti ~ . umed ar r:ltlfied and ~@ller shan, at closing b h . e d ate, such P@Bèmg li@n ar @ 1mf>r(;lV@m@BÌ by the Il\lb~ic bod-yo ' @ c arge an amoYBt @q\lal tø the 1 . L. IRspeGtioR Repair a d M " c osmg, the c@iling reof ~mcl d.' R alRtøRaR~e: Seller marrants th EVIDENCE of I 'k u mg thtl fascia aDd soffIts) and @xterie d"· . at, as afteR (10) days prier te electrieal I .ea! s or '.J.'ater damage and that the septic tank r an mt@ne~ \':a11s do Bet ha'/tI any VI~IBLE baviA8 ....:.::.:.~1."::. ..,.¡ ~ ... iA WOIOOWG -oo'::'~~ -:~ ~_... "ating, ,00IiRg, or maint@n:me@ ef those item& :~dl:~: :y an ~pro~~at@l~,. Florida liceBI>@ p@r-so~ d@:¡: ~ at ß\lY@r'~ @xpellS@, ,. ...ro... .og...... w>1b... ..".f OP,oR" wnlRtg to S.1IeI' OR" ¡........, do ROt 8 · .0.-.00., ,."aY to ,I.,rog, wIIi.b.v... .,_ _ .-.1Rtg "'- prio, to Q"I''''' .""aRC}' ., .0' I"''' lb. "0'" ,...dMd¡; .. Itav. waiv.d S.¡W,"_ '~o!." Q.Y"""- ,..... d.f_ "iiR IItat Ii .~ IItao leA (IQj day, pri'" .. _ --tiS as to ....¡¡Í@Gts .. -- -YBI! -\l;,"@ a n b ,. """ p_OBI (".) of lb. b '. RO' "I'_d. ¡hop"'" e"eplao_ ' "a · _d .. , pare as@ pnce fel' saGa . are r@"!.uH:@d ~@n@1' sa II p@rsoR s@l@ct@d by ~@ll@r If tà r@paH:S or feplae@meats by . ' a pay up prioo, 8.1''' ., S.U... mo', I · .." (0, - ,."aiR; 0' ,.""......... ."""d, II> OR 'lIP""'.....'" Florida I"'....d is unable te corr@ct the 1I!f:c~:t to. pay sach ~X.CI!SS, failing w-hich either party IBa~@;a:@rG~ (3%) of the pW"chastl .... """,Rabl. ROI"" "'.Hid ~.to .I.,~, lb. ''''' !he,oo' ohaij b. paid iAi. 001 ""..8'......... If s.u.. sa 11 .. ' r . e u MIes s@rVlce fel' æSf)@ ri escro').' at elo&mg Sell@ 11 a mamtam property incladin b :. c oas. ßetwetlll the @frecti"@ Gat . . r WI , .,......,. ."., tmà "."..op..d 8Q .,' RO' I.....d to !be "",-" ..,.¡ ,;1"""".1)'. iA ..;. ;,..,.¡ !be .ioomg, S.IIe, ,. ,..- '..."H.... wllb tins ',.. ".i .~,1taII b. p.RRitted ...... fo, .......... .f P,,,,:: ..~. b"'lA. wan...." n ar . pnor to clesillg ill order M. Risk ofl.ass· If the re . of restoratioll ages net @xe@@d the' p. p@rty II> damaged by fn:e or other easaal ' . ebligatio. .f!he S.""'..,.¡ I ' """""'" - .f!he P'''I''''Y s. damaged ." b.fa", ,10,'"11 aRt! 'os, ""ow.d ",¡.,rog If Ib ,e',"!! ,ball p,o."d __ to th. ..... ,. Ib ,'0' .f ...,_lio. sbRII b. OR . . @ GØ&t øf the I'@stafari @ agr@I!m@ßt mlth I'@st ri unpmv....... ,. oIamog." IIR '... '" II ¡; ..~-_.._"o.. ...,,<Is """ p...... (3%) .f !he ....- :~..-O~ .D '0'" P""'DI(J%) ., _.........' .. d a"!be ...00. .(0_ taIèRg I""I""'Y" "~""d ,WaR.. .f tHo ORd ....oiviRg "'.... ef dOP.:~ fooe 'poyab'" by v..... of "",b io" ., <iamag: to, I"r""' w~1b .1Ib... !he _. I &. ' er 0 cancellmg thß agre@IB@nt N. Es£row' A " agrße& by acc@ taBc@ f. th . . .R} I!SGraw ageBt ("..A.gent") f8G@¡"in fI . Ib... iA a"o":'.. ~;~;;;:: <Iopo,. ..... p'''''''''''', b.ld ,.... iA 'eo;"'::...., ..,...,.1... ¡. ..lboru..d ..,.¡ pmo_., If iA dool>' " to A::''::'':'' .; are~ FoiI",..f ,I....... 0; ~::~:I ''''7...·' ,"",,,,~. .pO.., 'OR..... I. ..Id Ib b' · "., '" Iho" """" Iho pro"i'i... .f RO ox.." Qyro" @ su ~ect matter of the @&CfOwuntil the .' agr@@m@Bt, Ag@nt may, at Agßnt's partI@s ImItually agree to Its disb . lJl'~OI -3- a jadgment 9f a ce\lrt of c9mpeteBt jurisdiction shall detenniRe the rights 9f the pames or AgeRt may deposit with the cl@rk 9£ the CirCYIt C91Ut ha'liRg jmiSåi.ct:iOB øf the åi.spate. VpeB aetit'f.ng all parties ceBc@m@d €If saM actiøB, all liabilitf 91l the part 9f Ag8Rt shall fully temHaate, except te the ext@Dt 9f aSGOORtÍRg for aay it@Rl& previously delIvered 9Yt 9f escr9W. If a liceB&ed real estate breker, .A.geDt will cemply with pr9visi9BS of Chapter 475, F.K (1987), as am@BG@d. AB:'j SYit b@p'V8I!B B\i3'er and SeDer 'Jløre Agent is made a party b@ca\ls@ 9f aGtiBg as Ag8Rt hef@Wld@r, €If iR any suit wh@t8Ì1l .A.gem interpleaEls the sabj@Gt matter of the escrew, l\g@Rt EhalI r@CO'l@r reaseBable atterney's fees and C9StS mC\lITed '.',"ith. the fees and C9Sts t9 be charg@d aad assessed as cew1: costs iR fa'l9r 9f the preyailing party. Parties agree that Ag@Dt shall B9t be liable to any party 9r perSOB fur misdeli'lery t9 Byyer 9r Seller 9f iteJ.m sabj@ct to this @SCf9V.', Wlless sych misdelivery is dye to '.villful br@ach of centract er gross neglig8Bce 9f AgeDt. O. Failure 9f Performanee: If Bayer fails t9 perf9rm. this C9ßt:ract 'J/ithiR the time specified Seller shall be r@li@'led 9f all Ghligatioos \!BEier CeBtract. If, fur any TeaS9R 9th@r than faiM@ Qf Seller t9 make Seller's title marketable after diligellt effort, Seller fails, R@glects or refuses 19 perform. this COßt:ract, the Bay@r may seek sp@cific p@rformaace 9r elect to receive the return of BaY@T's d8posit(s) withoat thoc@by wai'/iRg any actioR fef damages r8saltiag from Seller's breadl. P. Ae;reement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context pennits, singular shall include plural and one gender shall include all. Notice given by or to the attomey for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Quit Claim Deed. R. Other Ae;reements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. K WarraBties: Seller '.varrant& that ther-e are RO facts lœ9wR ta Seller materially affecting the 'lame of the real prep~' "diÌch are Rot readily ebservable by Bayer ar which a1P.'e Rot beeR disclos@d te Buyer. ATTEST: SELLER: CITY OF DELRA Y BEACH By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney BUYER'S ADDRESS: -4- 335 5£ JS~ rNC. 70 ~ \ ~ c::; '-\~~ . ) l (pnnt or type name 33S S £. Is"'. IA/c.. 3.šS" 5 E. /5.1- f+u e:- I,)~l~~ B-e4<.h 1=/ ~~t¡.lItf CORPO p -5- ~ -~ SaVJ · . FILE COpy £1" DF DELIA' IEA£H DELRA Y BEACH ~ AI1-AmericaCity 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 , III I! 1993 June 28, 2004 Mr. Beril Kruger Beril Kruger Planning and Zoning Consultants 9 NE 16th Street Delray Beach, FL 33444 RE: CITY OWNED PROPERTY TOWN OF DELRAY LOT 12, BLOCK 80 Dear Mr. Kruger: In response to your letter dated June 23, 2004 our Environmental Services Department has reviewed the subject property to determine if the property is required for utility purposes. Currently there is a monitoring well on the site which is used to monitor salt water intrusion. The Utility Division has no objection to the sale of this lot providing an easement be granted around the monitoring well. The process required to purchase the lot includes a fonnal offer in writing from the purchaser. The offer will be reviewed and evaluated by the City Attorney's office. When a sale price is agreed upon a purchase agreement will be prepared by the City Attorney's office and advertised for a period of two weeks. The purchase agreement will then be placed on the next available Commission Meeting for consideration by the City Commission. If you have any questions please feel free to contact Dan Beatty, P .E., Deputy Director of Public Utilities at 243-7328. Sincerely, ~~ David T. Harden City Manager cc: Richard C. Hasko, P.E., Director of Environmental Services C. Danvers Beatty, P.E., Deputy Director of Public Utilities Brian Shutt, Assistant City Attorney @ Printed Or> Røcycl9d Pap!>, THE EFFORT ALWAYS MATTERS June 23, 2004 ,1:51 PM From: Beril Kruger Fax Number: 561·265-4611 Page 2 of 3 Itertl kr..tler planning and zoning consultants DICK HASKO: p~ease prepare a draft response to this letter for Mr. Harden's signature. .r'.:', <~>. Thanks, Gerri 6/25/04 June 23. 2004 ;¡,: '- Mr. David Hardin, City Manager City of Delray Beach '00 NE 1 Avenue Delroy Beach. Florida 33444 -< t t ~ r. G ~ SENT BY FACSIMILE ONi Y RE: PUACHASE OR LEASE CITY OWNED LOT Dear Mr. Hardin: I am interested in a lot owned by the City of Delray Beach on the NE corner of SE 4th Street and SE 1" Avenue. The Control Number for this lot is: 12-43~ 46-18-B8-080-0120. The lot Is bounded on the east by the FEC RR tracks, on the west by SE '1' Avenue, end on the south by SE 4th Street. The lot is very rarely mowed and is just a c8tchall for garbage and since the lot Is on the corner it is an eyesore. The lot has a test well on it so I called the Water I Sewer Department and spoke with Dan Beatty. He told me the well had been abandoned, is no longer needed, and can never come back into being a useful well again. My client, Tropical Awning, owns the property on the north side of this lot end has just built a beautiful new building. They would like to purchase or lease the city owned lot, if at all possible, and use it for additional perking and landscaping. Their preference is purchase rather than lease. I would like to esk you a few questions regarding this lot. 1. Can this lot be leased or purchased? 2. If so, what is the process? 3. Where do we start? If you could please answer these questions it would be greatly appreciated. Please contact me if you have any questions. Sln~IV. þ~ Beril Kr BK/lc 9 nonh...t 18th Itr.et · delr.y beaoh. florid. 33444 f681~ 286-4983 · fax (1581) 2815-4811 · e-mail: bkrug,rObelleouth.n,t rezoning concu.....ncy conditione' u.e, lpeelel exceptions, DRC approval sit. plant annexation. camp plan amendment., variance. (county, .mte, municipal) .bandonment. palm be.ch braward dade & ell countl.. & cltl.. In florlda ,. , June 23, 2004 4:51 PM From: Beñl Kruger Fax Number: 561·265-4611 Page 3 of 3 UUJ.I.II W W W.\.oU,,,,AUU-UU\.ou,u.u.1»I V-~ u~ UCIl....U_llUU...,,¡.r V_ÇUUL1'" . . GUU uClttl.oU ~U~Ll ~ 1 uyç' I.)' .......,p......Cl r HJ1X'll,)' 03C".U..U ~l~LCJLL . ¡ ðpðFty I. .'.ormatlon a.ry R. Nlkolb, CFA Palm BNch County Property Appraiser Public Ace... Sy.tem :_1" III' Location Address: NW 1ST Ave I ... Mep.~ Munlçlpallty: CITY OF DELRAY BEACH ".~ :PÍfl'ëel Control Number: 12-43-46-16-88-080-0120 ,"..',; Subdlvlllon: DELRAY RESUB OF BLK 72 & W PT OF BlK 80 ,.4:'i. Offlclel Records Book: Page: Sale Date: t:~ l.egal De.criptlon: TOWN OF DElRAY LT 12 BLK 80 ~( -'I I,' .~ I I . I.::. r ,Js, ~jt'l ...11, .-- Prl'lll. . r.tnfofmaUon , '. ',Apr.ralam Name: DELRAY BEACH CITY OF , '1114> Mailing Addres.: 100 NW 1ST AVE DELRAY BEACH FL 33444 2612 2003 Certified Appral..1 Improvement V.lue: Land Value: Market V.lue: $141 Number of Units: $'12,675 · Total Sq. Ft: $72,816 Acres: rbuct.nL.~ I 1!!Xtn... ~ I ~und.a ~ o .00 Use Code: 8900 Description: MUNICIPAL .. In residential properties may indicate living area. 2003 Certified Tax Ad Valorem: Non ad valorem: Total: $0.00 $7.02 $7.02 I Þ'- c.lQlI~ , D"It._ j 2003 Certified A......d & T.x.~e V.Ju.. A.selSed Value: Exemption amount: Taxable: $72.816 $72,818 (2003 Exemption) $0 lof2 '.....~ . 6123/04 3:54 PM - .' _ __w Ø__M .. tJK ZJY} [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE ~(i( f\:\Y hl A\F'\ti . 1)[[ RW BE.-'\.CH FLORIDA 33444 Ii LU'H( ¡'\,¡ 'hl':~~ :_-iI'.IO '1-,\C';I\IIU: :-f>1127R-47."5 Writer's Direct Line 561/243-7091 DELRAY BEACH F L f) II I <) ^ tw.ed All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM November 30, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney Resolution No. 90-04 Accepting a Contract Between the City and Mrs. Churchill for Park Lands SUBJECT: The City Commission authorized the purchase of the Churchill property (shown on map). This Resolution, if passed, accepts the terms of the attached contract and acts as an approval of the contract, once executed by the Mayor. A Notice of Public Hearing has been advertised. Please place this contract on the December 14, 2004 City Commission agenda for a public hearing and for City Commission approval. ~ SAR:ci Attachments Cc: Chevelle Nubin, City Clerk Manuel J. Mari, P.A. Robert Federspiel, Esq. Maureen Churchill \Q~ Page I of I -.~~ . Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System I I t~~~~Jo~~ ~~ '~, ;rS fir ~~ Search Parcel Details 12>1> ~ 0261 - ~ðII ~ II ~ Owner Information -~ 0000· F PCN: 00424612000003200 IH10 0"....5- 0000 Í;} 0 ID 3oD2S 32:ro 31121 - ~ Name: CHURCHILL MAUREEN ~~ ~ 02A> .þo 001 _ Location: 4652 133RD WAY 5 ~~ i~' Mailing: 18522 sw 89TH PL MIAMI FL 33157 7165 ,-eF '-¡;~\-tfI ',,- \ ..-2004 Preliminary Assessment ì~ II'~' 1--13GRe --L- 31411 ;1 Market Value: $487,211 * Assessed Value: $487,21 I 3141 Exempt Amnt: $( iF Taxable: $487,211 3210 3201 32:D2 ~oo I :\0024 3142 2004 Estimated Tax :¡Q Ad Valorem: $9,503.10 I ,., Non ad valorem: $323.20 :3190 Total: $9,826.30 3150 Sales Information Sales Date Price ~ Jun-2000 $10 Jan-1977 $99,000 h Jan-1974 $100 ~ ~ ~ Ù Go; /~\ ~~ $ ?~~ IJ '-.. 4:: (' '..~ ~) <~ / :it ~> <,. ! roo1UI Legend D Parcel B o....dary ~ Lot nurlber Palm Beach County Property Map Map Scale 1:5193 Copynght Palm Beach County 2003 All RIghts Reserved - Subject to a LIcense Agreement Map produced on 11/30/2004 from PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentationlmappinglprintnew.asp?MAPURL. .. 11130/2004 Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System Séårch Parcel 'Detans Owner Information PCN: 00424612000003200 Name: CHURCHILL MAUREEN location: 4652133RD WAY 5 Mailing: 18522 SW 89TH PL MIAMI FL 33157 7165 2004 Preliminary Assessment Market Value: $487,211 Assessed Value: $487,211 Exempt Amnt: $0 Taxable: $487,211 2004 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Price Jun-2000 Jan-1977 Jan-1974 Palm Beach County Property Map Map Scale 1:5193 Legend D Parcel Bomdary ~ Lot nunber Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement Map produced on 11/30/2004 fTom PAPA http://gisweb.co.palm-beach.fl.us/ipapagis/presentation/mapping/printnew.asp?MAPURL. .. 11/30/2004 RESOLUTION NO. 90-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 4652 133rd Road, South, Delray Beach, Florida, to provide land for park purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Maureen Churchill, as Seller, land for park purposes, for the purchase price of One Million Two Hundred and Fifty-Four Thousand Dollars ($1,254,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: The East 221.59 feet of the Southwest Quarter (SW ~) of the Southeast Quarter (SE ~) of the Northwest Quarter (NW ~) of Section 12, Township 46 South, Range 42 East, of Palm Beach County, Florida, less the South 40 feet thereof for Lake Worth Drainage District Right-of-Way. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the day of ,2004. MAYOR Attest: City Clerk 12/01/04 WED 12:40 FAX 15612762769 SPIN DIT FED now ~003 CONTRACT rOR SALB A!1D PURCHASB PAR'1'IBSe KAtJRBBH CHtJ'RCBILL, ("Seller"), of 4652 133m Road south, Delray Beach, FL 33445 (Phone: ), and the CrrY or DBLRAY BBACK. a rlorida municipal corporation, (trBuyer"), of 100 N.W. 1at Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the following described Real property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). Z. DBSCRZPTIONe (a)Legal description of the Real Property located in Palm Beach County, Florida: East 221.59 feet of the SW ~ of the SE ~ of the NW ~ of Section 12, Township 46, Range 42, less 40 feet for canal right-of-way Property Control NO. 00-42-46-12-00-000-3200 (b) Street address, city, zip, of the Property is: 4652 133m Road South, Delray Beach, FL ( c) Personalty: premises. All personal property and fixtures located on the II. PURCKASB PRZCBe PADmNTe $ 1.254,000.00 (a) Deposit(s) paid within three (3) business days following the "Effective Date" to be held in escrow by Robert W. Federspiel, P.A. Trust Account in the amount of $ 62,700.00 (b) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments or proration $ 1,191,300.00 Total $ 1,254,000.00 IZI. TrMB POR ACCBPTANCB, BrrBCTZVB DATE, rACSrKILB: If this offer is not executed by and delivered to all parties within 30 calendar days OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Daten) will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TZ'1'LB BVI:DBNCBe At least 30 calendar days from the effective date Buyer shall, at Buyer's expense obtain a title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. 12/U1/U4 WED 12:41 FAX 15612762769 SPIN DIT FED DOW ~004 V. CLOSING DATB: This transaction shall be closed and the deed and other closing papers delivered within fifteen (~5) calendar days following the completion of the due diligence period set forth in the Addendum to contract Paragraph A attached hereto unless modified by other provisions of Contract. VI. RBSftICTION'S, BASIDIBN'rS, LDa'rA'rION'SI Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7'h feet in width as to the side lines, unl... otherwi.e stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. VII. OCCUPANCY; Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing. vJ::n:. 'rYPBWRZ'1'TBH' OR BANDWRZ"l"'1'lUf PROVJ:SIOHS; Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGHABJ:LJ:TY; (CHECK ONLY ONE): Buyer (1) _may assign and thereby be released from any further liability under this Contract; may assign but not be released from liability under this Contract; or ~may not assign this Contract. X. DXSCLOSURBS: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XJ:. SPBC:rAL CLAUSES, ADD:BNDAI If additional terms are to be provided, attached addendum and CHECK HERE X --------- CITY OF DELRAY BEACH By: MAUREEN CHURCHILL Date Date Tax ID No. 60-0811624154C Social Security or Tax ID No. Deposit (s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: ROBERT W. FEDERSPIEL, P.A By: 12/01/04 WED 12:42 FAX 15612762769 SPIN DIT FED DOW @005 ADDDDUK '1'0 CORTRAC'1' I'OR SALB AND PURCHASB SELLER: MAUREEN CHURCHILL BUYER: CITY OF DELRAY BEACH, a Florida municipal corporation PROPERTY ADDRESS: 4652 133rd Road South, Delray Beach, FL XX. SPBCXAL CLAUSES, ADDBNDA (Continued): A. The Buyer shall have ninety (90) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. B. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. C. For purposes of the purchase and sale of the subject Property, the parties hereby acknowledge that this Contract is being entered into in lieu of condemnation. D. The parties warrant and agree that there is no broker involved in this transaction. BUYER'S INITIALS: SELLERS' INITIALS: ~~/U~/U4 W~U ~Z:4Z ~AA laU127U27UY SPIN DIT FED DOW ~006 ': . '" STAHDAltDS I'OR RBAL BSTATII DDSACT:IONS A. ~ 01' orrrr... (1)An abatract of title pnpu'ed or brought current Dr a reputable aDd exi8ting abstract firm (if not exbtilll9 theD certified as correct by all existing firla) puzportiDg to be an accurate lIyDopeis of the iD8t~U affectiDg title to Real PrOperty recorcS.d. in the public rec:ordll o~ the county wlMlre1n Real Property b located, through Bffective Date. It .hall CQIIDeIIÇe with the oerl1.et public rec:ord8, or IIUCh latar date &8 _y be C\Ultoa.ry ill the county. Upon clo8iDg of this COntract, the ab.tract .hell ~OIIIII the property of Buyer. IlUbject to the right of retent10n thereof by firat _rtgagee until fully paid. (2)! title iJ18UraJIC. ec.a1t_t ia_ed by a Florida lic8I1IIe4 titl. u-urer agreeing to 1&8ue to Buyer. upon record.1ng of tbe deed to Buyer. an owaer'. policy of title inBurance in the all101mt of the purch&ae price. iowur1l19 Buyer'a titl. to Real Property. BUbject oa1y to lie., eßCUlllbrances. exceptiona or qu&J.ificatioa provided in thi. O:IDtract and tœ.a which aball be diøch&rgec1 Dr Seller at or before closiDg. Sell.r .œll convey a ~table tit1_ 8\lbject caly to 11eu, ~U1Cee, exceptions or qualificatiCDII ..t forth 111 CcGtract. Marketable title sball be deterad.ned accordiag to applicable Title StIUlda=- adopted by authority of The Florida Bar aDd in accordance with law. III1yer &hall bIMI 30 days, if abetract, œ' 5 daya, if title ØCIIIIIi~. from date o~ rec:e1viag evidmlce of Utle to 8U111i_ it. If title ia fOUDd def.cti_. Buyer Bball, witb1u 3 days thenafter, _t,Uy Sell_r in writing IrPBcifyillg defect (a). If the defect Ca' reader title UIDa~able, Seller wiU haw 30 days from receipt of notice to remove the defect (a) . faili.Jlø which Buyer aball, withiD fiw (5) days aft.r expiration of the thirty UO) day period, deliver writt_ notice to Seller eitbeZ' , (1) ext.eudiag the t~ fOI:' . reuoaahl. period DOt to exceed 120 deYII witbi!l ~ch Seller Bhall use ð11igttnt effort to _ th8 defects; or C2JrequeøtiJIg . nt~ of depoøitC.) paid Wlch ø1a1l i...ediat.ly be returJled to BI.1yer. U ØUyar faU. to 80 notity &eller. Buyer Bhall be de-.! to have accepted tba title.. it thllD 1a. Seller llhall, if titJ.e i. fO\lJld unmørlcetable, _e diligent effort to correct defect Ca) 1JI title within the ti.1II8 provided therefor. If &eller i. unable to tilll81y correet tJ\e defeat., Buyer 8ha11 aitboar waive the defects, or nee1w . refuDd of depoe1t (eJ. thereby reluBing Buyer aad Seller fr01ll all further obligatiOl1 uDlLu: tbi. Contract. a. I'UIIaDa ..... 1IOImIaIR, ØCUIIrft' a·...~ 'J.'IO --.:La. A puzdIa.. IIXIII8Y IIIOrtgage IIDd DIOrtgage note to Seller .œ11 provic1e for . 30 åy ørac:e period ill the event of default if .. fir.t IIIOrtgage aad . 15 day graee padoc1 U seCOlld or 1....1' mortgage; 1lha11 pEVVide for right of prepayment; :in whele or in part withOUt peaalty; Bball paJ:1llit acceleration in event of traDBfer of the Real l'z'opertYl llhall requint all prior 11_ aDd eDCUIIIbranceø to be kept in good .taa4iDg and fœbid lIIOcS1fiC&ti~ of or future a4v1uu:e8 UDder prior mortgageCs) J Ilhal1 require Buyer to _1Dtain polieiea of ~ COZLtaiDing _ .tulderd IIIOrtgagee <:la_8 _riDg all ias>~tB located em the ...1 Property _gaiaøt fire aDd all perila iDcluded w1th1n the teZ'nl "ext8lldec1 coverage BDdors_U· and auch oth_r rilllcø aDd peril. a. seller _Y:Raøoaebly EWqI1ire, 111 an ~ equal to their hip.t 1Deurable value; aDd the IIIOrt~. note 8Dd .ecurity &greeIIIeDt Bball be otherwi.. in fOri! aDd. cOI1tant required by Seller ¡ but Seller lllaY only require c1a_.. CU8tOlllU'l1y fOUJllS in 8ICIrtgagea, mortgage IIOt.., &lid aecur1ty 89~a geøarally utilized by _vitlg aDd loan iutituti-. œ' .tat. or _tioDal baIIkø located in the county wherein Real Property i. locateeS. All Penrcmal Property ami. 1..... being conveyed or ...ignecS will. at Seller'. opt10111, be subject to ~ lien of a .ecurity av--t evidenced by recorded filWlCing atat_t.. If . ba1100li 1IIOrtgage, the tiDal pa~t will _ed the pedodic pa~. tber8OA. C. 1IUaVft. Buyer, at Buyer'. exp8DH, within ti_ allowed to deU_r evtc1eDc:e of title, _y have Real Property BUrYeyec1 ADd certified by a registered Plorida øurveyor'. If the survey di8C~ eDcroeC'-nU em the Real Property or that ~tø locateeS tbereoa eac_lI on setback line., ..__te, laadø of others. or violate any restrictiol18. CoatrllGt aoveaant_ or applicable øo-~tal regulatiOll1, the ._ ahall ccmeUtut. a title defect. . _lll..dh ltuJalr." Bu.~... ........ ~1Ii~. at:. .118U." ,. jell. ... . "'1..... at .i'l. ..wa .. .. - . ._.. ~ Mve Real PIf....-y i......'.. Irt.l a Pl..I&... gaR!.'.. ~a.. a....1 0,""". t.._..a'...·) .. ,.,...u... &'1 QeÆ'e. i. _y .1..,.1. ..'1.. ,.IJI1IIi.a '........1_.. i.~l. ..Ii..'.. ..-- Ie .__ ....... aa.....l. !La ... ...t!a.,....~.. II ai.~. .. __. a.a fllUlMl,. ~.. 4111 Ita . t ~,. 1_- .... .. ......i...... ...t.. "ar..' ""W. ....11 .. _lie ea.' .iI .....~. iLl ...-.ø..... ..'i.."" B)- 1M. e,~.a'.. ... all llaftlasa '........ ... .__'.a_a. ~y . Ii...... kKi1'.~ .~ seae~.l a...~&.... B~l.~ ahall .-1 .~i4 8'.'. ., .~a.'.... ... ~8f&ir sf all ...... .. Ie .... ___ ,.. ...... ... P~_1Ik XIII (a).. I' ..,,-,... ...,. ..... ..... _.... ~e.. .....11 .....a ~h.. ..at.. .. __eliB. alai. &re......., ._11'" £, ~. aile. ...&'-' ., .__.,...-. ....i.. .a"..,. illy Ii illl ·,.i~'_ Mld..a ,. fi.l1.. IIJr Buyer w.y .1.., .. .lta.... 4i.k _lie '._..lIi...... .... ..eei~.re a ....&i. H 81..ill, _ w.s &108\11\11 ,_ 1.... ia Parapaph XIII(aJ. -1'e"18.- -"-11 ~. ...... ,. ift81~e all,... ...,..}i., a..aøt~ wetuÅ~.. .. ~. ..J..... ..... _he P18~!" Pes' ge~~el :.., .. amo..... s. DlalUl88 AlII) --... Seller _rrant_ ADd repre8eata tbat there i. inQre.. and egres_ to the Real Property .urficiene for the iDtendec1 u.e a. described in Paragrapb V%I bereof. title to which i. in ac:co:rdaDoe with Standard A. P. E.D8a. Seller IIhall, DOt: les. than 15 daye betore elOBiag, furDiBh to Buyer capi_ ot all written lea8e. and ..toppel letter. f~ each teaant: øpec.1fying the nature aDd duration of the t_t'a occ:up8DCY. rental rates. advanced rent and HC:Urity c1çoBit_ paið by tellU1C. If Seller i_ uaable to obtaiD 8uch letter from each ten&Dt, the __ infor1Yti= .ball be rurro..bed by Seller to Buyer w1thia tÞat t1_ period in the form of a Sellar'. affidavit, aacS Buyer ....y tbareatter contact tenants to ~i%1Zl IIUCh infor1atiOl1. seller aba11. at cloeiag. ðe11ver an4 a..ign &1.1 orig1_1 1_. to Buyer. o. ..laB. Seller .hall furDi..h to Buyer at ti_ ot cloaiag _ e1!fidavit atte.t1Dg to the absence, unle.. otberwi.e provided for herein, of any U_iDg .tat_te, clai_ ot lieD or potential l1BDOrB kaOW¡ to seller &Dð fl1rtber attesting that there bave been DO illlp~t. or repairs to Property for 10 deys illllled1.ately preoed1ag date of clOBq. U Property baa been iq>rovec1, or repaired within tÞat tu., seller ahall deliver r.l..... or waiver. ot .echan1cø' 11_ executed by ø.11 liI8Dllral contractors, .ubcontractors, auppUen, aDd. lllaterialmea in addition to Beller'. liea affidavit .etting forth the __ of all such geneRl contractors. IIUbcoAtractors, øuppU.rø aDd llaterial_ aad rurt:ber e1!fin1Dg tbat all cbazve. for Up~t. or repairs which could serve a8 . ba.ie tor . mechanic'. 11_ œ' a clai.. for &a..geø baw b.- paid or w11l be paið at elo.iø9 of thia COatract. .. ~ ",~. CloBiDg ahall be held in the county where Ileal P%operty 1. located. at !:be office of the attoruey or other eloøiDg ageat ðeaignated by Seller. ~2/U~/U4 w~u 12:43 ¥AA 15612762769 SPIN DIT FED DOW ~007 '. 0:. ~ t. ~. In cOR;ll1Uag \:tIRe periods of l..a tban six (6' days, Saturdayw. SuIIda~ aød .tete or national legal bolidaya llhall be exc:1Uded. Ally tiaœ periods provided for h.rein 1IIIU.ch shall eru1 on Saturday, Slmda.yor legal boliday aball extead to 5,00 p.lII. of the next: bla1nea. day. T~ i. of t:1uI ...ene. i.. this Ccmtl:'aot. J. DOCØIGDI'1'8 ~ CLOSDIa. Seller.mall fumiah deed, bill of ..1., c:onatruc:t:ion. litul affidavit, _c'. patln.don affidavit, ...igmnent. of 1__.., terumt and _rts-g. ..toppel letters, aød col:'1'ect1ve iDstE'lØlleZ1t.. Buyer ahall fundah clo.ing .tat_nt, IIIOrtgage, DOngag. note, .ecurityagr_t, aød financ:ing .tatement.. x. UPØ888. Documentary .tUlpa _ the deed and recordinv col:'1'8Cti_ iøe~. sba11 be pailS by Sellar. Doc:umeIOtary 8taJ\1pII aDd intangible tex on the purc:llase aaoaey IIIOrtgage &D4 any 1IÐ1'tgage a.nIIIIId, IIDd. :NCc:d.t.Dø of purchue _ay mortgage to Seller, deed and financing .tat~a shall be peilS by Buyer. UDlu. otherwt.. pravide4 by law or rider to th1e oemtraçt, cba:ge. for the fol1.ov1ng related title aervice., na..ly title or abstract c:IIarge, title .xamiaation, aa4 settlement and clo.ing fee, ahall be paid by the party re.pon.ible for furni.hing the title ."idence in aceordance with Paregrapb V. L. ~'1'ICIII8, camrr&. T_, .....~., rut, iDt.nst, ineUrlUlCe and other lIXp8DIIe. aJId revenue of ~y aball be ¡ø:orated thPNgh day before cloe1Z1g. Bu~r shall baYe tlM optiCIÐ. of takiDg over any ex.t..tiDg polici.. of iDsuranc., if "lIWIable, in 1IIIU.ch _t ~_ .ball be prozoated. CUb .t c1ot1iDg IIha.ll be incnM8d or dec:rNHd .. _y be raquinèl by pzoratioall to !Ie .-de thzough day prior to c:lotiDg or accupanc:y if cx:c:upanc:y oc:cun before clo.1Dg. Mvuce n= and .ecurity deposit. will be cRdited to Buyer. "CEOW deposit. hald by IIIOrtgagee will be CA4itad. to Sellar. '1'_ .ball be prorated b&H4 on the Clll:'r8Dt year'. tax with due .ll~ _de for 1IWd._ allowabl. di_t, taø.st8Bd eDd other 1!IXeq)t:10D8. If cloaiDg oc:cun at a det. when the CUJ:%8Dt year'. ..tllage i. not fixed, and current )'Mr'. ......ment :I.. .~lel:lla, c.xe. will be pzorated ~e4 upon nch ........1It iUJd the prior ~'. IIdllage. If c:urraat: year'. ....._t i. DDt a".UeI:Ile, then taxe. will be prorated on the prior y..r'. tex. If there ar. ca::apletec1 i\lll~. 01:1 Real Property by JaDuary 1.t of year of clolliDg, wbich SJIII~ta we_ not in _iatllllCe CD Jauuazy 1.t of ~ pr.1or year, then taxea .ball !Ie prorated ba.ed upon tlM prior year'. lII111age eAèI at lID equitable ....._t to be agreed upon .bet__ t:be partie., failing which, ret¡Il..t will be -.4. to the County Property Jlpprai..r for IIU1 iatonlS1 ....._t taJI:iDg into COI18ideraticm availel:lla ~lons. Ally tax prorat1ol1 ba.ed on an ..timat. .ball. at requ..t of eith.r party. be readjWlted U1;)Ot1 rec:ei.pt of tax bill _ conditi-on t.het a atat_t to tbat effect i. signed at clodng. .. ~ U888111mn' LIØ8. certified, COIIf1DMCS aa4 ratified ~l.al .....~ 11_ as of date of c10siQg (DOt: .. of IIffec:tiv. Dat.) .re to !Ie ¡HIilS by sellar. PeD41ng 11111U1 .. of date of closing 8ba11 be a..umed by Bu.~r. If the ill1'ro~ baa beea aubetaaUally call1'leted a. of Bffeeti.". Date. aay peDd1ng Uen llball be coaaidere4 .. c.rtified, cootirMd or ratified and Seller llhall, at clo.1ng, be c:harged an _I: equal to t:ba la.t ..Unat. of a.__t for the 11111rov_t by the public bo4y. If. RIB"_IOII, ~R 1IIIIS laRlI~ Sal1.. watt__. tIiIa,lI' .. ., 10 lay. JlR.. .. 81.."',. alae ..iLl....... It... (h.løllliq WI. ....1. .i ........., ... .'..i... .... i"'..isr 6"'1_. 181III1I.,i_. ..."..11. Ie. -.æ.\~.left') ... ....1..'. .. ..., M.a -1 ~·ISlaUl II ¿ .1_ .. Itala.. ua'.. i"-'8 ell' ..N8In...l ....18 ... '1wtl _. ."'&.8 '-".. ,..1. &11 .,.li_...w uabMt&..l i'-_.. 1I..'i.." ...1..... al....i..al" ,1"1., .~.._ .. _*...~ .... iIl1tØn..'UlKI 9&lmI'I'IGlr .. le....iel ..~ __II Ita 1'''''.. .. Yla ....... .......i.. \IIIzl... ..lI.el!Ui.. IN ~t... ie .. at.! .....~ ~W" -.y. al 8u.~.~.. !III."'.. W·! .........1_ _.. 8. ,~... i".... II} . II£._ .. i~"''''.l ....,.ai.inl Yo ILl.. ........i_ ... llel*'-e' _ ....,a'ilnal li.... I.. 111* f'UII... (if .a~...) .r ~ .. ........".'.1'1 Ii....... Pl..,1... _._.AI'... ~. _.11. ,...... 15. _yew·. 8._'~ ... 11.8' 1... ~"'-'q 18 My'II ....... ,. els.!.,. iti..~ Bit ..e\tra .,..... ...... i. v.i...... .. eell.. _ell. i.._ ,_. lie .... _at! 1M å~ .'rif'.... .. ,. 11.1.._.. UftI... ~If "_~ ..SIt.... .¡Ish ...a.e. IN}.. ....11 ~. ........ .. _. ti~. Qellew·. -....ie... _. ....... _. .....ftl.. If _.,ai.. .. ....1..- . aN ~e~i..e. ,. .-'¡y wiØl. ~. S~-_...-... gall_ Mel1. ..1IIe 'h_ tl8 It. ..,. .... ...11 .~ ~. ,. WLa _HB4! ....1... HI. P...,.... XIZlAaJ.. Selle.. i. .... w.~i.... e:. tII&lIa .....i.. ... ...lae&IIIeø.'. af a .._'Il. "'\I'" _1... e....... II} a ...... Salle" i. .......illl. ,. .e,air BW .a.l... Ii ,lie ea.' .. ~. ...i. .. ..,1...__ allee... Wi. _..., .... ~... .. k..,..aJ* Ell (11). Buyew elf Belle~ ..~ alee' _. ,ay 8U* ......... I.ili... .i.1I. 8i1lM.. ,a..} ~ ....al 'Jill. EJeA4I...'. If Bell.. i. __1. ,. ean:eel! ... tlefeell. ,..ialr ,. .1e.i.,. '11.& ..., ~!Ir..1 llball ]a. "B. 'Me ea... ... 81..1... Selle. ..11. !:!I'_ 1r...__18 I'la.il." pl!l8lVi" ".ill..i.. ......... .... ...e.. ea .11. P....ft1 .... ¡-...p...".... ,..lwli., a \MIll w.n.1i ...i... as el.''''I. a. ..atJ._ ...1 all i'... ., P..._l Fd_.....H1 &Ir~ .. _he R..l Pw.,e"~ .... .~j... .. .~. '..eJa~. 'he\ all ..~ilre. ....i..8 ... !lrepí...~. ~ a keeø ..Ia .~ .ha' \k& ~~~aw'~. "...l....t.. ...." ... li...... ... 1&"". .k.w:ailll~ ... 118.1# if "1'. l1ae Jaeen ..1M........ i. ,he _....",,_ 8114..&11115 .. at Blf88~i~ ];'.'8. ..M..~ 18.~.-.I '.al!' .......... O. a%8It OJ' LOSS. If the Property i. ~ by fin or other C&aualty before closing aDd co.t of reator&tiOl1 does DOt exceed )It ot the ...e..ad. ".luatiOl1 of the Prcperty 80 damaged, co.t of re.toratian llball be an oÞligatiOl1 of tbe Sell.r aDd cloa1J:19 IIMll proceed pursuant to the terma of COøtr.ct with re.tontion coøt:e escrowwd at cloø1Dg. If the COIIt of restoration exceeds n ot the asseased valuation ot the i1l¡)roveaeat. 80 c2amøged, Buyer .hall haVtl tbe option or either takillg I1ropt1rty a. i., together with either the n or any iDauranc. proceeds payable by virtue of .uch 10.. or damagoe, or of canceling Cbntract aDd receivi.ng return of depo.it (s) . P. 1'J1OCaJ)S OJ' 8ALI:, CL08%IRjI nocBDUD. TÞe deed shall be recorded upon clearllDC. of tWlda. If an abstract of title bas been f\UDbhed, evidanc:. of title shall be continued at Buyer'. expenae to ebow title in Buyex, without any 811CU11t1ranceø or chang. which woul4 reuðer Sell.r'. tit1.e _rketabl. fZ'Q8 the date of the last evidenc.. All cloe1Dg proceeds .ball be held in I18Crow by Seller.. attoraey 0'1' othe>r IllUtually accaptel:lle eecrow .gem; for. peri04 of DOt IIIOn tbaa 5 day. aft.r clo.i09 dat.. If S.ller'. title 1. re.odere4 u~rk.table, through DO taw.t of Buyer, Bu~r IIhall, within the 5 day ped.04, DOUfy Seller in writiDg of the defect and Seller shall bave 30 daye from dete of rec.ipt: of .uch ZIOtificatiOlO to C\Ir8 the defect. It Sell.r faUa to ti_ly cure tbe defect, all 4epoeit (., .hall. upoa written ~ by Bu:yer and within 5 ðaylt after .s-ms, be retlmH4 to IIuyu' aDd e1a1ltal:leOU81y with IIUCb repa~t, Buyer .hall returD Pereo_lty and vaoate Real Property &ZId rtICODV8Y the Prgperty to Seller by ~ial ~_ty deed aDd bill of .al.. If Buyer fail. to make tiaely cSeaBDd tor refWld, Buyer shall take title .. i., ..tVúlg all right. againat Sell.r .. to any interv.a1J1g clef_t except .. _y be a_UeI:Il. to Buyer by virtue of wan-anU.. CODt.ine4 in the deed or bill of ..le. If . pertiOD Of the purc:ba.e price i. to be deriv.d fzaa iøetitutiona1 fiDazlciDg or refÙ1llllCiDg, requ1rlllD8l1t. ot the leDdiDg Ú\8t1tutton a. to place, t~ of day UteS procedure. tor cløeing, aDd for 41ebun_t of IIIOttgage pnICeeda 8ba11 coatrol over contrary provision in tid. Contract. Beller IIball hIIve the right to require fzaa the leDdiDg Ùl8titutiœ a written COIIIId.taIeDt that it will DOt withhold > 12/01/04 WED 12:45 FAX 15612762769 , SPIN DIT FED DOW _____ ~008__ .. . -- ditlbura_t of IIIOrtgage proceedll .. & result ~ aDy title defeat &tt~e to 1Iu.yer-1IIO~. '%he e.c=w eJId clos1Dg proce4ure required by this Standard IllaY be waiV8d if tiU. agent iasur.. a~ne _tterø pur81Iant to SectiOl1 627.7841, P.I., a. _aded. Q. uc:aow. My escRIW agent ("}\gent") receiv1D¡ fuIIdII or equivdent 18 _tbøriuci &IllS agrees by acceptuIce ~ =- to deposit theat p~t1y, holeS .... in escrow and. subject to cl..~, di~ tbea iJ¡ accozdaaCe with t_ aDð. cœd.itiOJlll of OZtract. Pai1.ure of c1e.rance of ~ shall not exCUlle Buyer's perfcmlll.l1Ce. It 111 cSoubt. .. to AgeI1t'. duti.. or liabilities WIder the p~.iona ef OODtrllet, Agent _y, at Agent's option, CODtinue to bold the ~1ICt _tt~ of the escrow UDtil tile parties :bereto agree to its di~, or until a judglrent of a court of ~t_t jur1ad1~1on 811&11 ðet:UIIÙIe tbe right. ef the parti.. or Agent _y ðeposit with tile dark of tile circuit court baving jurillCSiction of the diapllta. Upon aotUyiDg .n parti.. cODCemed ef eucb action, all Uabil1ty 011 the part of Ag_t .hall fully t4mliDal:e, except to the ~ of 1U:COIDIt!Dg for any it_ prev101W1y delivencS out of eacrow. If a licensed real eatate lnoIutr, AgeDt will COIII)1y with proviaiaaa of OJ.çter .'75, P.I., .. ~. ADy 111111: bet_ Bllyer and seUar wilen Ag_t is _da a party lIecau.e ef acting .. Agent bltnUDðar, or 111 euy III11t wbarein Agent iDterplaad8 the wbject lllatter of tile eecrow, AgBllt aball nc:ov.r reuouble .ttozneya' f..s aa4 coRS iAcUn'ed with tbue _ta to be paid from aa4 out of the ..crowed fuD4a or equJ.va1ent aDd chazged and .warded .. CCIUI: COIIta 111 fa__ of the prevailing party. Tbe Agent aball DOt be liable to any party or pe~ for macSeliYery to Buyer or Sell. ~ it_ wbj_t to thia eaœow, UDle.. such Illillde1ivery is cSua to w1llful bßlach of OODtrect or gzos. uegllgeace of AQaDt. a. .'I"1'01IJœY ....,~. In UIy Utigat::l.on, including breach, aforc~ or interpraution, adring out of thia Omtract. the p~l1ag party in 8\ICh litigation whicb. ~OZ' tU puzpoaea of thia 8tazIdazd., shall !.Delude Sell., Buyer, end a.ny I>roItera acting in agesaey or nonagency n1aUaaahipll autbori..s by Qlçter 475, 1'.8., aa &IMndad, aÞa11 be entitled to recover f~ the ncn-preva1Uag party reaaonable attorney'. feea, coat., &lid expenae.. S. nu.uaa 01' PIIUOIIIIUCII. I:f Buyer tana to perfcma thia OODtract w1thiD the t1_ çecified Cincludillø payawnt of all depoait (all, tile depoait Ca) paid by Buyu- and c1epodt (s) agreed to be paid, _y be recovued &lid ntaiaed by or for the ac:eoont: of Sellar as agreed upon liquidated ~as, ~ideration fer tile ~tioa of thia Contract and in full s.ttl_t of any cla1_¡ wbezeupoD, Buyer end Seller sball he relieved ~ all obl1gat1CD11 1IIII!er COnt:ract¡ œ Beller, at Seller'a opt:iCll1, aay pmœecS iJ¡ equity to eDforce Beller'. right. WIder thia Oontr"t. It, for aD)' rea.on otJler tbaD failure ot Seller to -.ke Sal1.'. title ~tIIJ)le ~t.r 4111g_t effort, SeUer f.n., aeglect. or ref_ to parfozm thi. CoDtract, the byer laY .eek apecific perfoo.nce or elect to _ive tile return ef Buyer'a deposit(al wit1lout thereby waiYiDg aD)' acti_ for dalMgee re.ulting fZ"Olll Sell.r'a breacb. '1'. ~ IlO'l' ~, I'IiII8C*'8 acn.D,~. ø.itber thi. OImtract DOE' &Dy notice ot it sbal1 be rKOxded iJ¡ any ~l1c recozd8. Tbia OODtract .ball biDeS aDd imu-e to tile beDefit of tile part1.. eM I:be1r BUCCe.aora in iDt.est. Whenever the cont_t pazllita. a:LJ1gu1a.r aball include plural end ODe gender ab&1l include a11.. lI'ot1ca given by or to the attorney for eøy party aball be as eff_tt,v. a. it 9i~ by or to that party. u. ~. 841Uer abaU ccnvey title to Real Property by .ututory ven:anty, tRetee'a, pencmal rçnHœative'. or guardian'. deed., a. appropriate to tile atata of SeUer, wbject onJ.y to _ttera CODtaiDeð in ParaQraph VII and tIIoa. otllenr.l.se accept:ed by Buyer. Penonal propazty ..11, at E'*¡WUIt of aay.r, be tranaferrecS by 1111 abtIc1ute bill of ..te with warranty ~ title, ~'eat oaly to wch _ttera as ...y be ot:henri.. provided fer hereiu. V. OI'RD a......_....A.. 110 prior or pree.at ~t. or zwpreBeQutiaaa aball be b1Jldillg upoc Buyer or Seller unJ.... iDcluded in t!å. CIOIItract. No IIIOc1ificaUon or cbaDge 111 thill CODtract IIhall be valid or biDding upaa the parti_ unJ.... iJ¡ writiag &DC! executed by tba party or parti.. lnteDded to be bouD4 by it. .. taIIJIA1ft'%a. Seller warrants that tiler. are DO facta JcnowD to Seller _terially affectiag tile value of the ftgperty tllhicb are DOt r..dily obaervable by Buyer or which bave DOt: be_ diaclo.e4 to Buyer. 0/\ t'Y\ [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE ::'00 '\W 1'1 ....VLNUl· DEI RAY BEACH. FLORID.... 33444 HI rPHO'\!c 'i6I/::'-+'-;I)(J()· I \CSI\IILE :'i()Ií::'78-47:'i5 DELRAY BEACH ~ All-America City Writer's Direct Line: 561/243-7091 MEMORANDUM , III I! DATE: 1993 TO: 2001 December 8, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance 81-04 Enclosed is Ordinance 81-04 which provides that the contribution by the NCF&O shall be 2.5%, and provides further that in no event will the employee contribution be less than 2.5% or greater than 4.5%, based on actuarial requirements. In anticipation of the ratification of the contract with the NCF&O, please place this ordinance on the December 14, 2004 City Commission agenda for first reading. fjjL SAR:ci cc: Harry Hamilton, Director of Human Resources Joe Safford, Finance Director Attachment \f)A ORDINANCE NO. 81-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", BY AMENDING SECTION 35.095(A)(4), "APPLICABILITY TO BARGAINING UNIT EMPLOYEES", TO PROVIDE FOR THE PARAMETERS FOR EMPLOYEE CONTRIBUTIONS FOR MEMBERS OF THE BARGAINING UNIT REPRESENTED BY THE NATIONAL CONFERENCE OF FIREMEN AND OILERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 35.095(A), "Participants Contribution Account" is hereby amended by amending Section 35.95(A)(4), "Applicability to Bargaining Unit Employees" to read as follows: Sec. 35.095. CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's Contribution Account (4) Applicability to bargaining unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the city and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provide that no member shall be required to contribute more than four and one-half (4 %) percent of basic compensation unless the City and union agree to a greater participant contribution. Notwithstandinq the foreqoinq. effective November 13, 2004, employees who are members of the barqaininq unit represented by the National Conference of Firemen and Oilers shall contribute two and one half percent (2.5%) of their qross pay to fund the City's defined benefit pension plan. If an actuary selected by the Pension Board determines that additional monies are required to properly fund the plan. employees shall contribute at the same rate as all other non-represented employees who are members of the defined benefit pension plan. However, in no event shall employees contribute less than 2.5% nor more than 4.5% of their qross pay, unless the Union and the City barqain for a lesser or qreater percentaqe. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2004. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. ~ [ITY DF DELIA' IEA[H CITY ATTORNEY'S OFFICE 2¡)() '\JW I,¡ AV[!\L ¡=. DELR-\Y BE-\CH FLORIDA 33444 CI LI EPHU\ [ 'i() I ;::4 ,-/(¡(}I) . F.'\CSI\IILE '\6 l!278-4755 DElRAY BEACH ~ All-America City Writer's Direct Line' 561/243-7091 " III! DATE: 1993 TO: 2001 MEMORANDUM December 8, 2004 FROM: City Commission Da,yid Harden, City Manager fl-~.fV Susan A. Ruby, City Attorney SUBJECT: Alarm Ordinance Amendment Commissioner Levinson has sent materials regarding verification of alarms and asked that we review our ordinances to determine if verification was required. The Police Department reviewed the matter and indicated that the alarm companies had been verifying the alarms. However, our ordinances did not require the verification. The ordinance has been amended to require verification for intrusion and burglar alarms, but not fire alarms, and also at the request of the police department, an annual requirement to update the application information was added. Please place the ordinance on the December 14, 2004 agenda for first reading. SAR:ci Attachment Cc: Chief Larry Schroeder, Delray Beach Police Department Chief Kerry Koen, Delray Beach Fire Department Lula Butler, Director of Community Improvement i~ß ORDINANCE NO. 76-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112 "ALARM SYSTEMS", SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; TO PROVIDE FOR AND TO REQUIRE ANNUAL UPDATES IN INFORMATION; AMENDING SECTION 112.26, "RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION", BY ENACTING A NEW SUBSECTION 112.26(A); PROVIDING THAT ALL RESIDENTIAL OR COMMERCIAL BURGLARY/OR INTRUSION ALARMS SYSTEMS THAT HAVE CENTRAL MONITORING SHALL HAVE A CENTRAL MONITORING VERIFICATON CALL MADE PRIOR TO THE ALARM MONITORING PERSONNEL, CONTACTING THE POLICE DEPARTMENT FOR ALARM DISPATCH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.21, "Application for Alarm Registration; Reporting Changes to Required Information", subsections 112.21(a) and 112.21(c) shall read as follows: Sec. 112.21. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION. (a) (1)Application for an alarm registration shall be made by a person having control over the property on which the alarm system is to be operated. Such application shall be made in writing to the Chief Building Official on a form designated by the City for that purpose. Neighborhood subdivisions referred to in Section 112.20(E) shall comply with subsections (8)(2) and (4) and shall provide only one emergency contact for the purpose of complying with subsection (B)(6). (2) New alarm systems shall be registered at no cost if the application is made at the time of the alarm installation permit. (3) A person having control over a property with an existing alarm system may preRegister said system with the City at no cost, prior to the emission of one false alarm. (4) Each year. bv April 1S\ new applications shall be filed in order to ensure all information is correct. No fee shall be reauired. (B) On such application, the applicant shall set forth: (1) The name, address and telephone number of the applicant's property to be serviced by the alarm, including any business name used for the premises. (2) The name, address and telephone number of the applicant, if different from the property to be serviced. (3) The make and type of the alarm system. (4) The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any. (5) The date of activation of the alarm system. (6) Emergency notification. The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To arrive at the alarm site within thirty (30) minutes after receiving a request from the Police Department or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (B) shall be updated each year and be kept current by the registration holder; .:.aAG-t Ihe registration holder shall notify the Police Department/Communications Center within (10) days of any changes in this information and shall each year provide a new application as required by 112.22(a)(4). Failure to so notify comply shall constitute a violation of this Chapter and shall result in a late charge of ten dollars ($10.00). (D) Immediately upon receipt of a registration and prior to he activation of any alarm system, the Chief Building Official or his designee shall forward a copy of the application to the Police Department/Communications Center. Section 2. That Chapter 112, "Alarm Systems", Section 112.26, "Response to Alarm; Alarm User Responsibility; Alarm Malfunction and Corrective Action", is hereby amended and relettered to read as follows: Sec. 112.26. VERIFICATION OF ALARM; REQUIRED RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION. (A) All residential or commercial intrusion and burqlarv alarms that have a central monitor shall have a central monitorinq verification call made to the premises qeneratinq the alarm siqnal, prior to alarm monitor personnel contactinq the police department for alarm dispatch. This verification requirement does not applv to false alarms. Failure to verify alarm activations 2 ORD NO. 76-04 before reauestina a dispatch shall result in the assessment of a civil penaltv of five hundred dollars ($500.00) for each occurrence. W!ill A response to an alarm activation shall result when any officer or member of the police or Fire Department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises. tIij ffil After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Section 112.21 of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within thirty (30) minutes after being notified to do so, the City shall charge the alarm user a fee of seventy- five dollars ($75.00). The officer or member of the Police Department or Fire Department who responded to said premises shall serve the alarm user or authorized representative with an "Alarm Activation Report." ~ ill.) In the event of an alarm activation deemed by the enforcement official to be a false alarm as the result of an alarm malfunction, the alarm user or authorized representative will be served an "Alarm Activation Report" indicating that the activation was deemed to be the result of a malfunction, and requiring the alarm user or authorized representative to return a completed "Affidavit of Service/Repair" within thirty (30) days of said alarm activation which can verify to the satisfaction of the enforcement official that the alarm system in question has actually been examined by an alarm technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the alarm malfunction. Failure to return an "Affidavit of Service/Repair" within said thirty-day period which is satisfactory to the enforcement official will result in a disconnection per Section 112.28 or enforcement action in the event of a required fire alarm system per F.S. Section 633.025(3). Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 3 ORD NO. 76-04 Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. ATTEST: City Clerk MAYOR First Reading Second Reading 4 ORD NO. 76-04