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10-01-13 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, October 1, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission 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. 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. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 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. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. August 6, 2013 — Regular Meeting C. August 20, 2013 — Regular Meeting 5. PRESENTATIONS: A. LM.P.A.C.T. (Individual, Mentoring, Program and Collaborative Team) Delray Graduation Presentation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A• ACCEPTANCE OF A WATER EASEMENT DEED/ 1180 S.W. 10TH STREET: Approve and accept a water easement deed from All Counly Paving for the property located at 1180 S.W. 101h- Street. B. RESOLUTION NO. 45 -13: ALLEY ABANDONMENT/ 828 N.E. 01— COURT: Approve Resolution No. 45 -13; abandonment of an alley riMht -of -way located at 828 N.E. 1st Court. C. INTERLOCAL AGREEMENT BETWEEN TREASURE COAST REGIONAL PLANNING COUNCIL, DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve Interlocal Agreement between the City, Community Redevelopment Agency (CRA) and Treasure Coast Regional Planning Council for revisions to the Land Development Regulations (LDRs) to address the appropriate scale of development in the Central Business District. D. ANNUAL PROJECT HOLIDAY /YOU ARE NOT ALONE SUPPORT: ADDrove a request for city support and assistance for the 81h- Annual Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. E. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /CONSTRUCTION PROJECTS AND PROFESSIONAL SERVICES FY 2013- 2014: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for funding of various construction projects and professional services. F. SUB -GRANT AGREEMENT /DIVISION OF EMERGENCY MANAGEMENT: Approve a Sub -Grant Agreement with the Division of Emergency Management in the amount of $150,000.00 for the Residential Construction Mitigation Program (RCMP). Funding is available from 118 - 1935- 334 -42.00 (Neighborhood Services: FEMA- Residential Mitigation). G. REQUEST FOR USE OF THE CITY TROLLEY/ PLUMOSA SCHOOL OF THE ARTS: Request for use of the City Trolley for the Plumosa School of the Arts fundraising event on Saturday, November 16, 2013. H. SERVICE AUTHORIZATION 12- 09 /MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 -09 to Mathews Consulting, Inc., in the amount of $5,226.00 for professional engineering services in completing an application for the South Florida Water Management District's Fiscal Year 2014 Alternative Water Supply Funding pram for expansion of the City's reclaimed water system. Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other /Reclaim Water, Area 12A). 1. GRANT APPLICATION /ALTERNATIVE WATER SUPPLY GRANT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( SFWMD): Provide authorization for submission of a grant application for a SFWMD Alternative Water Supply grant to provide supplemental funding for construction of Phase 2 of the Area 12A reclaimed water expansion project on the barrier island from Atlantic Avenue south to Casuarina Road. west of Gleason Street. 1' RESOLUTION NO. 46 -13: Approve Resolution No. 46 -13 assessing costs for abatement action required to remove nuisances on 10 properties throughout the City of Delray Beach. AMENDMENT TO THE AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) /CONTROLLED PHARMACEUTICALS: Approve and accept an amendment to the State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA) to change the name of the task force from the West Palm Beach Task Force to West Palm Beach Tactical Diversion Squad TDS. K. MAINTENANCE AGREEMENT/ CONTROL COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control Communications, Inc. in the amount of $26,040.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001 - 2111 -521 -46.20 (General Fund: Repair & Maintenance Services /Equipment Maintenance). L. AMENDMENT NO. 3 TO THE AGREEMENT/MAE VOLEN SENIOR INC.: Approve Amendment No. 3 to the Agreement with Mae Volen Senior Center, Inc. to extend until January 1, 2014 for the use of Western Community Center. M. SPECIAL EVENT REQUEST /271H-- ANNUAL TURKEY TROT: Approve a special event request to allow the 271h- Annual Turkev Trot to be held on Saturday. November 23, 2013 from 7:00 a.m. until approximately 9:00 a.m., including a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A -1 -A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Parking Lots and along Atlantic Avenue from Venetian to A -1 -A from 6:30 a.m. until approximately 9:30 a.m. Per event policies and procedures therewill be no charge for staff overtime or rental costs for City sponsored events. N. SPECIAL EVENT REO UEST/HALLOWEEN PARADE: Approve a special event request for the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 26, 2013 from 1:00 p.m. until approximately 2:00 p.m., including temporary permit per LDR Section 2.4.6(F) for closure N.E. 2° —d Avenue from Old School Square Park to Atlantic Avenue and Atlantic Avenue from N.E. 2nd Avenue to the Intracoastal Waterway, and staff support for traffic control and security; contingent upon receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 14, 2013. The event producer is required to pay 100% of all City costs, plus the administrative fee. O. PROCLAMATIONS: Delray Beach Orchid Society's 231d Annual Show – October 25 -27, 2013 P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period September 16, 2013 through September 27, 2013. Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Florida - Spectrum Environmental Services, Inc. in the amount of $19,500.00 for annual supplemental laboratory services for the Water Treatment Plant Laboratory. Funding is available from 441 - 5124 -536 -34.90 (Water and Sewer Fund: Other Contractual Services). 9. REGULAR AGENDA: A. SPECIAL EVENT REQUEST /ATLANTIC COMMUNITY HIGH SCHOOL HOMECOMING PARADE: Consider approval of a special event request to allow for the Atlantic Community High School Homecoming Parade produced by the high school proposed to be held on Friday, October 18, 2013 from 11:00 a.m. to noon; including temporary use permit per LDR Section 2.4.6(F) for closure of Atlantic Avenue from Veterans Park to N.W. 0 Avenue and for use of Veterans Park parking lot for stagier; and staff support for traffic control and barricading; contingent upon staff recommendations being met. B. AUTHORIZATION TO FILE APPEAL /ROBERT DESISTO V. CITY OF DELRAY BEACH: Consider a request for authorization to file an appeal to the Fourth District Court of Appeals in the case of Robert Desisto v. the City of Delray Beach. C. APPOINTMENT TO THE BOARD OF ADJUSTMENT: ADDoint one (1) alternate member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (,Seat #3). D. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) reMular member to serve a two (2) year term ending AuMust 31, 2015 to the Historic Preservation Board. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). E. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) re2ular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). F. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve a two (2) year term ending Aumust 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the serve an unexpired term ending July 31, 2015 to the Education Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel Seat #3). H. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member and one (1) alternate member to serve two (2) year terms ending July 31, 2015 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). 10. PUBLIC HEARINGS: A. NONE 11. FIRST READINGS: A. ORDINANCE NO. 24 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of the board. If passed, a public hearing will be held on October 15, 2013. B. ORDINANCE NO. 26 -13: Consider an amendment to Chapter 32, "Departments, Boards and Commissions ", by amending Section 32.08, "Length of Terms; Restrictions ", to provide that a former City Commissioner may not be appointed to a city board for a one (1) year period upon leaving office. If passed, a public hearing will be held on October 15. 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission AUGUST 6, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 6, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Greg Kanter with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of July 9, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve the Minutes of the Special/Workshop Meeting of July 16, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: 5.A. Florida Association of City Clerks (FACC) President — Lori McWilliams presentation to City Clerk, Chevelle D. Nubin Susan Owens, incoming Southeast District Director of the Florida Association of City Clerks (FACC) and Town Clerk for the Town of Palm Beach, introduced the FACC President Lori Williams and other City Clerks and Deputy City 08/06/13 Clerks from surrounding communities. She thanked Mayor Glickstein, the City Commission, and City Manager for the opportunity to recognize Chevelle D. Nubin for her service as Southeast District Director from 2011 to 2013. Lori McWilliams, Village Clerk and PIO for the Village of Tequesta and FACC President, gave comments as well as Virginia Walton, Village Clerk, Village of Palm Springs. Ms. Owens read a resolution into the record and presented it to Chevelle Nubin. Chevelle D. Nubin, MMC, came forward to accept the resolution and gave a few brief comments. S.B. Recognizing Delegates from Moshi, Tanzania Mayor Glickstein read and presented a proclamation recognizing Delegates from Moshi, Tanzania into the record. David Schmidt, President of Sister Cities, recognized the Delegates from Moshi, Tanzania who are spending the week here. Mr. Schmidt stated their organization received a grant through the Gates Foundation and they have been working with Moshi to implement a program of solid waste pickup in an area of the city that did not have any. He stated when they were there last November to inspect it and do the report they had discussions about exploring opportunities between the cities for Art and Artist Exchange, Economic and Business Development, and possible implementation of a recycling program in Moshi. Mayor Glickstein read the proclamation to the delegation into the record and presented the proclamation to the delegation. S.C. FY 2014 Proposed Budget Presentation David Boyd, Finance Director, stated this is the City Manager's proposed 2014 budget for the City of Delray Beach. Mr. Boyd stated the total budget that is being proposed is declining around $171/2 million or 10% due to two large capital projects in 2013 that the City will not have in 2014 (Beach Renourishment and Federal Highway Beautification). He stated the General Fund is increasing $3.1 million (3.2 %) and all the other funds are declining from 2013 -2014. Mr. Boyd stated the property taxes includes expected current year and prior or delinquent collections that the City has in 2014 50% of the total budget; the second largest revenue item is other taxes which includes utility and communication services taxes (10.7% of the total budget); charges for services which include program and recreational charges, interlocal agreements; parking fees, etc. (over 70% of the budget). Mr. Boyd stated the total proposed General Fund budget is $99,649,000 ($3.1 million increase; 3.2 %). Mr. Boyd stated the significant funding changes in this budget are (1) the Police and Fire Annual Funding; annual required projected contribution is projected to 2 08/06/13 increase to $1.6 million; employee raises $791,000; the City Manager's contingency in the current budget is $35,000 and staff proposes that it be $250,000 and it is an expense but it is the CRA transfer and is offset by revenue but that will increase by $787,000. He stated overall the General Fund budget increased by $3.1 million. Mr. Boyd briefly reviewed some departmental highlights and noted that all departmental budgets include the proposed 5% general employee and SEI J pay raise. Mr. Boyd stated the City Manager's budget is declining primarily due to a budgeted termination pay for two long- term employees in this current fiscal year and includes amounts allocated for economic development which increased to $300,000. He stated the PIO budget is increasing 25% and includes the News for Neighborhoods and Hometown Connection Publications; the City Attorney's budget is increasing to restore the outside consulting budget which was reduced significantly in the 2013 budget; the IT budget is increasing which reflects an increase in software licensing fees and some increased maintenance costs; the Police budget is increasing 7% but it is $1.8 million which reflects a $1.1 million increase in the annual required contribution of the pension fund and the funding of four (4) unfunded sworn police officer positions; increase in vehicle maintenance; the fire budget of $540,000 is an increase in the annual required contribution of the pension plan; for Planning and Zoning, the largest single increase is for outside consultants to update the LDRs; Community Improvement has additional funding for unsafe demolitions and board ups of unsafe structures and the unfreezing of a building inspector position in 2013. Mr. Boyd stated the largest portion of the budget increase for Public Works is the trolley maintenance; for Parks and Recreations, other than the proposed salary increases, there are small increases which include maintenance contracts; small capital requests; fuel cost increases, etc. He stated the Parks and Recreation budget is about $13 million and has three components: (1) Parks and Recreation /Operating, (2) tennis operations, and the (3) cemetery and 9% of the total budget and the tennis center and cemetery make up the remaining portion of that budget. Mr. Boyd stated the miscellaneous budget is the proposed increase in the City Manager's contingency budget. For the benefit of the public, Mayor Glickstein asked Mr. Boyd to explain the transfer out line item. Mr. Boyd stated this line item includes numerous individual components. Mr. Boyd stated there is a decrease in the transfer out of $585,000 to the General Construction Fund; there are two increases $787,000 is the transfer to the CRA and is the increase based on the City's tax revenues and $235,000 is an increase in transfer to beach restoration for the debt service on the monies the City borrowed to do the beach renourishment. Mr. Boyd briefly spoke about the Special Revenue Funds and stated it is dependent upon the grants the City gets from other funding agencies. He stated that total budget is expected to drop 38% ($1.4 million). Mrs. Gray inquired about the pedestrian improvements for East Atlantic Avenue. The City Manager stated staff will give the Commission the project detail when they discuss the items in more depth at the next Workshop meeting. Mrs. Gray asked what is in the reserves today. Mr. Boyd stated as of the end of last fiscal year there is a little over $5 million and part of that will be used in this year's operations. Mr. Boyd stated the General Fund as of the end of last fiscal year had an unreserved fund balance of $20 million (22% of the annual operating expenditures). He stated during the last budget 3 08/06/13 cycle the Commission set a tentative figure of 19% so if the City ends this year with a surplus staff will add to that and propose to use some of it for 2014. Mrs. Petrolia asked for further explanation of the word "uncommitted ". Mr. Boyd stated that is where the fund sources were slightly more than the total expenditures. Mr. Boyd stated the Enterprise Funds includes water /sewer, municipal golf, Lakeview golf, the marina, sanitation, and stormwater. He stated this budget overall is declining due largely to the stormwater; there is no proposed rate increase in water and sewer rates going into next year. Mr. Boyd stated overall this budget is declining 5.5% and down $2.7 million. Mayor Glickstein inquired about stormwater. Mr. Boyd stated he is not sure what projects they did this year that they are not doing next year. Mr. Jacquet stated he is glad to hear about the 5% increase for general employees and SEW employees who he feels deserve it. Mr. Jacquet thanked Mr. Boyd and Mr. Chapman for their work on the budget. Mrs. Petrolia thanked Mr. Boyd and Mr. Chapman for their work on the budget and stated she too is appreciative of the 5% raise; however, she would like to know how that raise is going to work and it is important for the citizens to understand that there is going to be value added if the City is going to be increasing the overall amount that they are going to be paying as far as taxes are concerned in the bottom line of their taxes. Mrs. Petrolia stated at the last meeting there was discussion about a property tax presentation of $49 million and on this it is $49.8 million. Mr. Boyd stated that amount includes what the City expects to collect in delinquent taxes. Mrs. Petrolia commented about this being a transitional budget year and would like to see the City dive a little deeper to where our tax dollars are going and making sure that the City is giving the taxpayers the value added since Delray Beach is one of the highest tax rated cities in this area. Mrs. Gray commented about the proposed budget and stated this is a great start. Mrs. Gray stated she is happy to see that there are going to be raises for employees and asked if Code Enforcement has the staff that they need. Mayor Glickstein asked if that contemplates additional Code Enforcement personnel. The City Manager stated it is the same staffing level as this year. Mrs. Gray stated the City has been doing a wonderful job with the reserves ($20 million) but feels the Capital Improvement Program (i.e. infrastructure, etc.) is very important and should consider looking into this. Mrs. Gray inquired about the grant dollars in the General Fund. Mr. Boyd stated certain grants such as CDBG in Neighborhood Services go on from year -to -year at different levels. Mrs. Gray asked if the City is maintaining the maintenance of the trolleys. Mr. Boyd stated the City 4 08/06/13 maintains the trolleys. Mr. Frankel stated the Public Works budget increase of $254,000 is greatly due to the trolleys. He suggested that the Commission hold a Workshop meeting to discuss a proposed fee for the trolleys. Mr. Frankel stated he is glad to see the proposed 5% increase for the general and SEIU employees; however, he inquired about the Police and Fire employees. The City Manager stated staff is currently in negotiations with the Police. Mayor Glickstein inquired about the budget with the line item detail and asked when will this be available to the public and Commissioners. Mr. Boyd stated this is currently available on the website. Mayor Glickstein suggested that there be a budgeting plan that can be improved on with structure, protocol, time tables, and deadlines, that demonstrates real world financial process in real time instead of doing it in arrears as is done. Mayor Glickstein stated the Commission had previous discussion that when they get through this budget the time to start on next year's budget is now and having that plan in place is a big part of that. Mrs. Petrolia asked why the Commissioners account decreased by 28 %. Mr. Boyd stated it was a reduction in the amount budgeted for lobbying services. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to Mrs. Gray's concern she expressed at the July 9, 2013 City Commission meeting, the City Manager stated the City is working with FEC to make sure that the City's interests are looked at. The City Manager stated the City has nine (9) potential grade crossings and could end up having an exposure of $2.5 million relative to those grade crossings. He stated City staff is aware of the initiative and involved in making sure that the City's interests are looked after in terms of the FEC line. Secondly, the City Manager stated Mrs. Gray inquired about the Palm Beach County Healthcare District and Mrs. Butler has attempted to have a tele- conference with Mr. Romanello and is scheduled to talk to him on August 15, 2013 with respect to the four (4) clinics that they are taking over in Delray Beach. With regard to Mrs. Petrolia's concern about The Office restaurant, the City Manager stated The Office had an active appeal on their sidewalk cafe which was denied in 2011 and received a waiver to sidewalk cafe approved by the City Commission on a 4 to 1 vote. The City Manager stated the size and number of tables were reduced on the northeast side. Staff continues to work with Clean and Safe to ensure that the five (5) foot clearance is being maintained. 5 08/06/13 The City Manager stated with regard to the Digital Divide Project the new contact is Mr. Michael Butler, Director of Network Services for Palm Beach County and they have deployed all the radios for the Delray Beach Digital Divide and are continuing to monitor it on a 24/7 basis within their network operation center. The City Manager stated the project is mostly complete with the majority of the towers up and running. The Wi -Fi Network name is "Sky Delray" and they are broadcasting three signals: one for public use, one for school district use, and one for internal county use. Mrs. Gray asked if this should be up and running by the time school starts. The City Manager stated they should be up and running by the time school starts. With regard to Mayor Glickstein's concern over the City's budget and why the microphone on the dais is not working, the City Manager stated staff has had an assessment done and the City will be making some upgrades to the entire sound system in the Commission Chambers. The City Manager informed Mr. Jacquet that the City put a bike rack on the north side of the library. With regard to Mr. Frankel's concerns about charging a fee ($1.00) for the trolley, the City Manager stated staff has consulted with the funding agencies and believe that they can charge a fee associated with the trolley. The City Manager stated it would be up to the City Commission if they would like to charge a fee. He stated staff has logistical concerns because the trolleys are not set up to accept fees so staff would end up having to work out the logistics of accepting a fee. Mayor Glickstein asked that this be placed on a Workshop Agenda provided that the City Attorney is concluding that the City can charge a fee. With regard to Mrs. Petrolia's concern about motorcyclists on the sidewalk, the City Manager stated the Chief of Police has assured staff that when a police officer sees those violations that the ticket will be written. Lastly, with regard to Mr. Blum's comments regarding the Regal Cinemas, the City Manager stated the City has had discussions with them; however, cannot ultimately control the mix. The City Manager stated the City has expressed to the landlord that the City values the theatres but staff feels they are going to move forward with their plans to turn it into an LA Fitness. 6.B. From the Public. 6.B.1. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33445, asked if the City can provide copies of the budget to the public. She asked if the City counted into the budget the money the City is spending on the Waste Management issue. Secondly, Ms. Moody stated Mr. Jacquet commented that the lobbying services should come out of the City Manager's fund. She stated when it comes to hiring a lobbyist it should come out of both the City Manager's fund and the City Commission 6 08/06/13 fund. Ms. Moody urged the Commission to assess it better to equal it out. Ms. Moody expressed concern that Mr. Frankel proposed a $1.00 fee to ride the trolleys. Secondly, Ms. Moody stated with regard to the budget why the Police pension is higher than the Fire is. 6.B.2. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated lots of people assume incorrectly that the Gateway to Delray Beach is I -95 and Atlantic Avenue and noted that A -1 -A is the Gateway to this city. Mr. Blum stated the pavilion on A -1 -A should be the showcase for Delray Beach and noted it is an eyesore and the steps going down to the beach are rotten and a health hazard. Mr. Blum stated the Beach Property Owners Association (BPOA) donated $60,000 approximately three years ago for the pavilion and nothing has been done. 6.B.3. Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1s' Avenue, Delrav Beach, FL 33444 (representing Oceanside Beach Service), stated he has important things to add with respect to the City Attorney's memorandum with respect to RFP's. He requested 6 minutes to speak on Item 9.B. because the Commission will be discussing something that will be turning the RFP process upside down. 6.B.4. Elliot Goldenberg, 2461 South Coral Trace Circle, Delrav Beach, FL 33445, stated he sent an email to the alarm registration division for his home alarm registration and also copied the Mayor, City Manager, and the City Attorney regarding password security. Mr. Goldenberg stated he was surprised when he received his letter for the annual renewal and noted that it has his account number and his password spelled fully out. Mr. Goldenberg suggested that there be encrypted passwords because he feels the passwords are not secure. Mr. Goldenberg asked that his account be deleted from the online payment until security is increased. 6.B.5. Dr. Craig Spodak. 904 N.E. 2nd Avenue. Delray. Delrav Beach. FL 33444, applauded the Commission for their commitment to the city. Dr. Spodak urged the Commission to adopt a Bike and Pedestrian Task Force and the sole purpose of this would be to make sure that the sidewalks and bikeways /pathways are interconnected. 6.B.6. Kevin Warner, 248 Venetian Drive, Delrav Beach, FL 33483, asked the City Manager for a status update on the Arts Garage negotiation contract. Secondly, Mr. Warner stated instead of using Mr. Boyd's words which is the purpose of the budget is to determine what is "necessary or beneficial" he prefers the words that are endorsed by the National Association of Municipal Finance Managers "essential services and non - essential services ". He stated there has been no consideration given to the possibility of cutting or reducing non - essential services. Mr. Warner expressed concern over the Commission comments "dropping the millage rate is remote" 7 08/06/13 if they have not been able to dig into the budget. He suggested that the City reduce spending for the City's budget in order to lower the millage rate. 6.B.7. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483, thanked the Finance Director for his presentation of the City's proposed budget. Secondly, Ms. McDermott stated Osceola Park residents have a regularly scheduled meeting every month and asked if Phase I is Art in the Alley I or Art in the Alley II. She stated possibly Phase I was Art in the Alley III where after residents cleared the alley rather than the City removing the trash piles at the alley entrances as requested, the City sent equipment to push it back into the alley. She stated residents were to clear the alley again after the City equipment undid their work so that Art in the Alley III could be celebrated and the City did later remove it. Ms. McDermott invited the Commission to attend the Osceola Park meeting on the last Wednesday of the month at 6:30 p.m. at the Delray Beach Community Center and stated Osceola Park would like an explanation about Phase I. 6.B.8. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, thanked the Commission for seeing that the 104 page budget is placed on the City's website and stated an average citizen is not going to understand it. Mr. Katz suggested that instead of having one PDF that there be one PDF for each department or each line item so that it is a little easier for the public. He thanked the City Manager for trying to keep the budget for Parks and Recreation the same. Mr. Katz stated what is essential and non - essential is a matter of everyone's opinion. Secondly, Mr. Katz stated with regard to Line Item H (Bid dispute) he sent an email after the Commission made that decision and he gave his opinion on the law firm the City hired. He stated he agrees 100% with the bid protest and feels that the law firm is unprofessional and it is a waste of money. Mr. Katz stated it is a waste of money and none of the law firms is going to solve our problems in Washington, D.C. He suggested having dialogue with the local Congressional leaders and have them to do something. 6.B.9. Alexander Christopher, 622 Davis Road, Delray Beach, FL 33445, stated the tennis center's budget is well over $3 million and 75% of the time the tennis center is just sitting there empty. Mr. Christopher stated he would like to know what the City is going to do to gain some revenue so they can decrease the budget. 6.B.10. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, stated upgrading the microphones is a good idea; however, Mr. Ganger stated more importantly is the technology we use in our assessments of major development projects. He stated for two years he has talked about conditional uses and the fact that every project that comes forward that is large asks for a conditional use, more height, more density, more intensity, more cars, etc. Mr. Ganger stated it appears that the City is going to reassess the Downtown Master Plan, the Comprehensive Plan, and the Land Use Regulations. He stated there was an editorial in the Palm Beach Post about West Palm Beach doing the same thing and the editor said "they are only looking at 8 08/06/13 one project at a time." Mr. Ganger stated the City of Delray Beach has five (5) projects: (1) Sofa Building #1 & #2, (2) The Strand, (3) Uptown Delray, and (4) Atlantic Plaza II (a /k/a Atlantic Crossing). Mr. Ganger stated the technology is there for us to do a 3 -D model of what this whole thing is going to look at. He stated essentially this is the Downtown Master Plan and this is what we are going to do if all these projects are approved but the average layperson does not know what it is going to look like. Mr. Ganger suggested that there be a computer assisted model where you could drive through the new Delray and one will be able to see the height, the density, and the structures and begin to get a feel if this is what the City wants. Mr. Ganger stated instead of just looking at one project at a time looking at them all in aggregate would be a real help for everyone. At this point, Mr. Jacquet recognized Bishop Kevin Hardy from Resurrection Life Church who has been attending the Commission meetings and keeping the community informed. 6.B.11. Bob Schwartz, 555 S.E. 6th Avenue #1 -G, Delray Beach, FL 33483 (Motiva- Concensus, LLC), stated they downloaded the most advanced architectural thing and can now do massing and morphing where they can work with the architects that are involved in these adjacent projects and using their plans and figures they can make models which can be adjusted. Secondly, Mr. Schwartz stated he agrees with the terms essential and non- essential except he does not agree with the definition of essential. He expressed concern over the Regal 18 Cinemas being replaced by an L.A. Fitness. Mr. Schwartz stated there are a tremendous amount of people who use the theatre. Lastly, Mr. Schwartz commented about the pedestrian walkway and stated there are ways that would not involve reducing parking spaces along Atlantic Avenue. Mr. Schwartz stated weekdays are different than weekends and nights and feels if there was a pedestrian walkway the businesses would have walk -in traffic. Also, Mr. Schwartz stated the trolleys should be free. 6.B.12. Peter Arts. 1746 Fern Forest Place. Delrav Beach. FL 33445 (Plastrid2e Insurance), stated Brandon Lynch was also present and commented about Item 8.J., Contract Agreement with Preferred Governmental Claim Solutions (PGCS) for Insurance Third Party Administration (TPA) on the Agenda. Mr. Arts read a brief statement into the record. 6.B.13. Dr. Victor Kirson. D.D.S.. 2050 Alta Meadows Lane #2110. Delra Beach. FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach and Member of the Alliance), briefly discussed Item 9.13. (Opinion Regarding the Ability to Amend the Beach Cabana Contracts) and stated this is for political retribution. 9 08/06/13 7. AGENDA APPROVAL. Mrs. Petrolia requested that Item 8.1, Contract Agreement with Ascension/Employer Mutual, Inc. for Insurance Broker /Agent, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel requested that Item 8.L., Special Event /Twilight Bicycle Race and Festival, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Attorney requested that Item 9.A., Conditional Use Requests/Uptown Delray be postponed to the regular meeting of October 15, 2013 and Item 10.A, Community Development Block Grant (CDBG) Consolidated Annual Action Plan FY 2013 -2014, be removed. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Jacquet addressed the comment expressed by the last speaker from the public regarding Haitian Americans and stated he found it to be racist and the political mindset from which he made it was extremely inappropriate. Mayor Glickstein concurred with comments expressed by Mr. Jacquet. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of July 18, 2013. 8.11. FINAL BOUNDARY PLAT APPROVAL/DELRAY PLACE: Approve the final boundary plat for a new commercial shopping center being platted as Delray Place located at the southeast corner of Linton Boulevard and South Federal Highway. 8.C. ACCEPTANCE OF WATER EASEMENT DEED /420 SOUTH CONGRESS AVENUE: Approve acceptance of a water easement deed for the installation of a new water and fire service line for the property located at 420 South Congress Avenue. 8.D. HOLD HARMLESS AGREEMENT /425 N. E. 8TH AVENUE: Approve a Hold Harmless Agreement with Susan and David Pesso to install a fence and landscaping for the property located at 425 N.E. 8th Avenue. 10 08/06/13 8.E. REQUEST FOR SIDEWALK DEFERRAL /961 JASMINE DRIVE: Approve a request to defer the installation of a sidewalk in front of 961 Jasmine Drive. 8.F. REQUEST FOR SIDEWALK DEFERRAL /923 SEAGATE DRIVE: Approve a request to defer the installation of a sidewalk adjacent to the right -of -way along Seagate Drive for a proposed single family residence at 923 Seagate Drive within the Seagate Beach Overlay District. 8.G. REQUEST FOR SIDEWALK DEFERRAL /344 NORTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Seaspray Avenue located at 344 North Ocean Boulevard within the North Beach Overlay District. 8.H. REQUEST FOR A SIDEWALK DEFERRAL /1110 BAUHINIA ROAD: Approve a request to defer the installation of a sidewalk adjacent to the right -of- way along Bauhinia Road for a proposed single family residence located at 1110 Bauhinia within the Seagate Beach Overlay District. 8.I. REQUEST FOR SIDEWALK DEFERRALS /1101 SEASPRAY AVENUE: Approve a request to defer the installation of two (2) sidewalks along Seaspray Avenue and Beach Drive located at 1101 Seaspray Avenue within the North Beach Overlay District. 8_J. CONTRACT AGREEMENT WITH ASCENSION/EMPLOYER MUTUAL INC., FOR INSURANCE BROKER/AGENT SERVICES: Approve a contract agreement with Ascension/Employer Mutual Inc., at a fixed annual fee of $37,500.00 for insurance broker /agent services. Funding is available from 551- 1575 -591- 45.20 (Insurance Fund: Insurance /Claims Handling Costs). 8.K RESOLUTION NO. 16 -13: Approve Resolution No. 16 -13; amending Resolutions 05 -11, 55 -09, 58 -09, 23 -08, and 63 -07, which established and clarified the responsibilities of the Financial Review Board and its member requirements, in order to dissolve the board. The caption of Resolution No. 16 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 05 -11, 55 -09, 58 -09, 23 -08, AND 63 -07, WHICH ESTABLISHED AND CLARIFIED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, IN ORDER TO DISSOLVE THE BOARD; PROVIDING FOR AN EFFECTIVE DATE. 11 08/06/13 (The official copy of Resolution No. 16 -13 is on file in the City Clerk's office.) 8.L. SPECIAL EVENT REQUEST/ TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight Bicycle Race, sponsored by RAC Event Productions to be held on March 22, 2014 from 8:00 a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 22, 2014 and use of Worthing Park; and authorize staff support for traffic control and security, EMS assistance, fire inspection services, and event signage; contingent upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of applicable City costs, plus 5% administrative fee for an estimated total of $15,475.00. 8.M. PROCLAMATIONS: 1. Fire Fighter Appreciation Month — August 2013 2. Florida Water Professionals Week — August 12 -16, 2013 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 22, 2013 through August 2, 2013. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Bid award to ECO Engineering Service, LLC., the sole source, in the amount of $110,660.00 to install Flex -Pave tree grate material in 182 tree bases on Atlantic Avenue from A -1 -A to N.W. /S.W. 12th Avenue and on Pineapple Grove. Funding will be provided by the Community Redevelopment Agency. 2. Purchase award to HD Supply Waterworks in the amount of $45,921.55 for water main materials to be installed by the City's in -house construction crew for the North Lake Ida Area Water Main Project. Funding is available from 442- 5178 -536- 68.64 (Water & Sewer Renewal & Replacement Fund: Improvements Other/North Lake Ida Area Water Main). 3. Purchase award to Hall -Mark Fire Equipment in the amount of $278,009.00 for one (1) replacement Rescue Ambulance. Funding is available 501- 3312 -591 -64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). 4. Purchase award to CDW -G in the amount of $17,556.00 for seven (7) business rugged laptops with docking stations and wireless access. Funding is available from 001 - 2115 -521 -64.11 (General Fund: Machinery/Equipment/Computer Equipment). 12 08/06/13 Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONTRACT AGREEMENT WITH ASCENSION/EMPLOYER MUTUAL INC., FOR INSURANCE BROKER/AGENT SERVICES: Approve a contract agreement with Ascension/Employers Mutual Inc., at a fixed annual fee of $37,500.00 for insurance broker /agent services. Funding is available from 551- 1575 -591- 45.20 (Insurance Fund: Insurance /Claims Handling Costs). Edward DeMicco, Risk Manager, stated this item is consideration of approval to enter into a contract agreement with Ascension/Employers Mutual, Inc. for insurance broker agent services. Services will be provided for the period of October 1, 2013 through September 30, 2016 at a fixed annual fee of $37,500.00. Mr. DeMicco stated the recommendation is to consider the approval of the selection committee ranking responses for the RFP #2013 -41 and authorize staff to enter into a contract agreement with Ascension/Employers Mutual, Inc. for the City's insurance broker /agent. Mrs. Petrolia read a brief statement into the record expressing concern over the City's insurance carrier. For the record, Mrs. Petrolia stated she is 100% in favor of bidding everything but feels this is a little different because she feels that the Commission is putting themselves in a very risky situation considering we are not giving them enough time to jump on; she does not feel the City did a good job on the RFP because the Commission ranked the brokers according to what they are going to be paid. Mrs. Petrolia expressed concern over what the insurance costs will be. Mr. DeMicco stated the purpose of the broker bid is for the broker to go out and approach the market to place those insurances. He stated they have to approach the companies out there that are willing to place those insurances and currently they have FMIT through the Florida League of Cities. Mr. DeMicco stated there will be a 4% decrease of what the city spent for the total program the city spent last year. The City Manager stated the Commission shares Mr. DeMicco's concerns about the quality of the product. The City Manager stated it is a proper methodology for the City to bifurcate the issue of broker versus fee to separate them out and make the issue of broker a transparent issue. Mr. DeMicco stated as Risk Manager for the City of Hialeah instead of doing the two -step process of first hiring a broker and then going out and placing the insurance, they would just put it out to the market. Mr. DeMicco stated it was their duty to convince the insurance companies to put their name as the broker in the RFP when it was presented to the City of Hialeah. 13 08/06/13 Mayor Glickstein confirmed with Mr. DeMicco that there will be no holes in coverage. In response, Mr. DeMicco stated he is confident of that especially if the company providing the insurance is FMIT. Mr. DeMicco stated the winning bidder Ascension/EMI was the only company out of the seven (7) that proposed a fee basis for their proposal and explained that the $37,500 is a flat fee. Mrs. Petrolia stated it is significantly cheaper in the cost of the broker and commented about the 4% discount and the figure for the insurance. The City Manager stated the components that comprise how the City is rated will not change. He stated the City's components such as experience and claims do not change. Mrs. Gray inquired about the amount of money the City is paying now for the agent. Mr. DeMicco stated when the RFP went out there were quotes for the component of price from all seven (7) of the respondents. Mr. DeMicco stated the bottom end was $37,500 and the top end was $115,000. Mrs. Gray inquired about the 4% decrease. Mr. DeMicco stated that is not a formal quote; he reached out to FMIT (current company providing the insurance with the City at the time) and since the renewal is October 1, 2013 they have run the numbers. Mr. DeMicco stated the insurance premiums are based upon the previous claims history and that is what the company does to assess the risk and the actual cost of what they are willing to provide the insurance for that price. Mr. DeMicco stated as Risk Manager for the City and because FMIT was the incumbent insurance company was able to give him an indication of what they project based on the claims experience of what the renewal price will be. He stated the indirect quote indicates that the City will receive a savings of 4% but the actual number they will not know until they receive a formal quote. Mrs. Gray asked if this contract gone out to bid. The City Attorney stated there was an RFP and the Commission evaluated the participants and selected Plastridge. Mr. DeMicco stated the contract for the broker expires September 30, 2013; the insurance portion of it expires September 30, 2013 (October 1st renewal). Mr. Frankel asked what other municipalities use Ascension/EMI services. Mr. DeMicco stated the City of Boynton Beach, Town of Palm Beach, the City of Port St. Lucie, and City of Stuart. Mr. Frankel inquired about the City's coverage. The City Manager stated it is the exact same coverage the City currently has. Mr. Frankel stated in February 2013 this item was on the Consent Agenda for the renewal of a year and does not recall any complaints or comments. He stated consistency is of the utmost importance and if the City is not going renew contracts and go out to bid then the City is going to have to do that for everyone. 14 08/06/13 Mr. Jacquet moved to approve Item 9.A. (formerly Item 8.J.), seconded by Mrs. Gray. Prior to the vote, Mr. Frankel stated if this does go forward he does not believe there should be 4th and 5th year options but that it be for three (3) years. Brief discussion ensued regarding the 4th and 5th year options. Mr. Frankel stated he will not support any options based on the actions of the Commission. Mr. Jacquet stated the Commission discussed automatic renewals not the options. For clarification, Mr. Jacquet stated there will no longer be automatic renewals but the Commission will make the decision on what to do with it and the Commission has had the idea that they want everything to go out to bid. Mr. Jacquet stated he would like to amend his motion to read: Mr. Jacquet moved to approve a three (3) year contract upon which it will come back to the Commission or will go to RFP. The City Attorney stated the language is already there for that because it states "renewal upon approval by the City." The City Attorney stated staff is not going to be able to renew it and it would have to come back before the Commission. He stated if the Commission would like to remove that language allowing for the 4th and the 5th year the Commission could do that now. Mr. Jacquet stated this will come back to the Commission regardless and confirmed that there is no automatic renewal. Mr. DeMicco stated he is required to come back at the end of three years and at that time the Commission would decide whether or not at that time to go out for an RFP. Mr. DeMicco stated if the City decides not to, he can give the price for the 4th and 5th year. The City Manager stated it is nice to have the option; however, it still ends up being the Commission's final determination. He stated the fee will be declared upfront and give the City the opportunity to evaluate the service and if the City finds that it is not to our taste then staff can recommend to go out for an RFP. Mr. Jacquet stated he would like to withdraw his amended motion and remake his original motion: Mr. Jacquet moved to approve Item 9.A. (formerly Item 8.J.) as is with the option to come back to the Commission, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, it was the consensus of the Commission to hear dialogue from Plastridge Agency and Ascension/EMI. 15 08/06/13 Brandon Lynch, Plastridge Agency, stated Plastridge has been a contracted agent with FMIT for ten (10) years versus somebody that is going to add their fee on and they have no access to the actual company. Mr. Lynch stated the FMIT will be writing the City direct and the broker they choose will be adding on a fee on top of that. Mr. Lynch stated per their contract with FMIT they are still going to pay Plastridge a fee for handling the insurance for the City. He stated the current broker represents other local municipalities but they have one that FMIT writes and they add their fee to which is the Town of Palm Beach for ten (10) months. Brief discussion between Mr. Lynch and the Commission followed. Mr. Lynch stated in their initial contract it said "not to exceed $125,000" and when they did the RFP they dropped that down to $115,000 even though their fee for 4' /z years has never exceeded $95,000. At this point, there was brief discussion by Mr. DeMicco. Kevin Cothron, Ascension Benefits/EMI, stated FMIT approached him wanting to partner with his company and services because they have a reputation for being a service based entity. Mr. Cothron stated they do not accept commissions or contingencies; the only payment that comes to them is what is paid either through the city direct or it if tacked on to the premium. He stated there is a choice of $115,000 or $37,500 in addition to the premium whether the City chooses to pay that direct or have it on the invoice from FMIT. 9.A.A. SPECIAL EVENT REQUEST/ TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight Bicycle Race, sponsored by RACE Event Productions to be held on March 22, 2014 from 8:00 a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 22, 2014 and use of Worthing Park; and authorize staff support for traffic control and security, EMS assistance, fire inspection services, and event signage; contingent upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of applicable City costs, plus 5% administrative fee for an estimated total of $15,475.00. Robert A. Barcinski, Assistant City Manager, stated this is the Twilight Bicycle Race held on Saturday, March 22, 2014 from 4:00 p.m. — 10:00 p.m. Mr. Frankel stated for the first event he was a sponsor but expressed concern over the closure of Atlantic Avenue on a Saturday in the middle of season. Mr. Frankel stated he is not against the event but cannot support March 22"d Mr. Barcinski stated the event is from 4:00 p.m. — 10:00 p.m., and the race begins at 6:00 p.m. 16 08/06/13 Chelsea Midlarsky, event producer, stated part of the event is that they are on a national criterion series. She stated these races start in Florida, end in Las Vegas, one per month in a different state, and professional racers from all over the world come. Ms. Midlarsky stated it is her understanding that the restaurants and merchants like the event and noted that the event takes up the 100 and 200 block. Mayor Glickstein asked what other events are going on in March. In response, Mr. Barcinski stated this year the only thing would be the week before St. Patrick's Day; the tennis tournament is moving back a week so it will be done in February. Mrs. Gray thanked Ms. Midlarsky for what she is doing and stated it was a great event last year. Mrs. Gray stated she was in California when the event was going on and the event attracted numerous people. She inquired about the maximum number of events that can be held in a month. In response, Mr. Barcinski stated the only two who have put their applications in are these two and if someone has a new event they want to put then this would have to be considered. Mayor Glickstein asked if Pineapple Grove was considered as an alternate route. Ms. Midlarsky stated USA Cycling which is the governing body of all the racers who are licensed and insured actually come out and sanction the course to make sure it is safe. She stated there are bumps and round -a -bouts in the Pineapple Grove area that hinder it as well. Mrs. Gray moved to approve Item 9.A.A. (formerly Item 8.L.), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A. CONDITIONAL USE REQUESTS/UPTOWN DELRAY: Consider conditional use requests to Land Development Regulations (LDR) Section 4.3.4(J), "Increases to Height Regulations ", to allow an increase in the building height in excess of 48 feet (60 feet proposed) and Section 4.4.13(I), "Increase in Density ", to increase the density in excess of 30 residential units per acre (69.52 units per acre proposed) for a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 7,854 square feet of retail /office space in a 6 -story building and 6- level structured parking garage for Uptown Delray, located on the north side of S.E. 2" d Street between S.E. 4t Avenue and S.E. 5th Avenue. (Quasi- Judicial Hearing) (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE POSTPONED TO THE OCTOBER 15, 2013 REGULAR MEETING) 9.11. At this point, the time being 8:55 p.m., the Commission moved to Item 17 08/06/13 9.B. OPINION REGARDING THE ABILITY TO AMEND THE BEACH CABANA CONTRACTS Michael Weiner, Attorney with Weiner & Lynne, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444, briefly spoke about the City's bid process and the 30- day clause. The City Attorney stated there are two agreements where they are construction contracts where we do not buy something; it is the cabana contract and the towing contract. The City Attorney stated he does not agree with what Mr. Weiner has said and he believes there would be other legal ramifications if the City were to amend the current agreement. At this point, Mrs. Petrolia read a brief statement into the record. Mr. Frankel briefly spoke about the renewal of the beach cabana contract with Oceanside Beach Services. The City Attorney stated the contract was renewed by the former City Manager and the City Attorney's office was not aware that he renewed it. The City Attorney stated when it came out that it was renewed by the former City Manager that is when the concern came about that the contract said "City" not "City Manager" should have renewed it and that is when it came to the City Commission at a Workshop meeting and that is when the Commission had the consensus to ratify that decision. The City Attorney stated the City was not amending or changing the terms of the agreement. In his opinion, Mr. Frankel stated to cancel an agreement without cause will send out a bad message. Mr. Frankel stated he does recognize the 30 -day clause can be done without any reason; however, he feels a decision like this is retro- active government. He stated he does not believe in it and suggested that for RFP's going forward the City should not have any contracts with option clauses. Mrs. Gray stated the City Commission has options whether or not they choose to renew contracts or not. Mrs. Gray stated she is interested in continuing the contract that the City had and at the end of that contract if the City wants to send it out at that time then she will support it. However, Mrs. Gray stated she will not support just stopping a contract for no particular reason. Mr. Jacquet expressed concern over price and service. He stated the beach is a valuable place in Delray Beach and we have to make sure that we protect it. Mr. Jacquet stated it is true that the City can possibly get a better price or better service or worse and the bid process would allow the City to know that. He stated on tonight's agenda there is a bid protest and a bid discussion about a bid that the City put out and there are some questions as to whether it should have been put out that way or not. Mr. Jacquet stated at the meeting the Commission had in May 2012 he does not believe there was a consensus. Mr. Jacquet stated he sees this as an opportunity for the Commission to 18 08/06/13 right a wrong and to save the taxpayers money, and help the beach at the same time. Furthermore, Mr. Jacquet stated there is an RFP that can go out shortly and allow this contract to term out and at that time the Commission can discuss whether or not to keep the 30 -day clause, etc. Mr. Jacquet supports the offer of $45,000 and that it be brought into the City to help save the taxpayers money and allow the contract to run out. Mrs. Petrolia asked if there will be a problem with the contracted beachgoers if a new beach vendor came in or does that beach vendor take over what was promised to those individuals. Mayor Glickstein stated it is up to the replacement contractor whether or not they want to honor those contracts. Mr. Jacquet stated people who are elected by the residents of Delray Beach have a duty to protect them in some way. He stated there are numerous people who have these contracts with the cabana company and although the City would hope the new vendor would take them on the City cannot guarantee these individuals that their contracts would be honored he does not feel comfortable with that. In his opinion, Mr. Jacquet reiterated that the City can protect numerous beachgoers by bringing in some money to the City coffers, protecting their contracts, letting it terminate, and then go out to bid. Mayor Glickstein stated this is about the integrity of the town and the discussion of paying money is nothing more than circumvention of the City process. Mr. Jacquet stated in his opinion this is not a continuation. The City Attorney stated there are other legal ramifications that are involved and there are other legal ramifications that would be involved if the City were to amend this. The City Attorney stated Mr. Weiner stated he would offer $45,000 without changing anything. However, the City Attorney stated the City would have to amend it to do anything like that and recommends that the Commission not amend the contract but instead continue with the consensus of the Commission and go out for an RFP. Prior to the vote, Mayor Glickstein stated the City has been threatened with a lawsuit by somebody representing somebody who may be bidding and he does not want to be doing business with somebody who is threatening to sue the City of Delray Beach. Therefore, Mayor Glickstein recommends that on all RFP's that general release provision. Mayor Glickstein stated this is a practice employed by most medium to larger sized construction companies that if you are signing a contract for something new other than what you are owed under a previous contract, you are releasing from any and all other claims. The City Attorney stated there is prior consensus from the Commission to go out for a Request for Proposal (RFP); if this does not pass, the City Commission will fall back on its prior consensus. 19 08/06/13 Mrs. Petrolia moved to continue to go out for an RFP for the beach cabana contract, seconded by Mayor Glickstein. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Commissioner Gray dissenting. At this point, the time being 9:51 p.m., Mr. Jacquet stepped down from the dais for a brief moment and returned. 9.C. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST/DELL GROVE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix ", minimum lot size, width, depth and frontage requirements and a final plat in conjunction with the creation of a two (2) single family home subdivision for Dell Grove, located at the southeast corner of N.E. 2nd Avenue and N.E. 12th Street. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received an email but did not respond. Mrs. Gray stated she has not spoken to anyone and is not sure if she has an email. Mrs. Petrolia stated she received an email and she responded saying that she had no questions. Mr. Jacquet stated he had no ex parte communications. Mayor Glickstein stated he had no communications. Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -144 into the record. Mr. Dorling stated currently the two existing lots do not meet minimum lot width, frontage and size requirements. He stated this reconfiguration is asking for relief for Lot 1 for lot width depth frontage and size and for Lot 2 depth and size. Mr. Dorling stated the LDRs allow you to do this but require that the Commission declare at the time of approval over the associated development application that it is necessary and appropriate to create this non - conformity. He noted that the development as proposed provides greater flexibility with respect to development of decent size homes on those lots. Staff recommends approval of the final plat and the associated waiver request to Lots 1 &2 as spelled out on page 6 of the support documents. The applicant came forward and gave a few brief comments. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There 20 08/06/13 being no one from the public who wished to address the Commission at this time, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order approving the waiver request and plat approval, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.D. CONDITIONAL USE REQUEST /SOUTHGATE MOTEL: Consider a conditional use request associated with demolition of the existing one - story, ten (10) room motel and construction of a new two - story, twenty -eight (28) room motel with a swimming pool, bath house and associated landscaping and parking lot upgrades located at 1600 North Federal Highway. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel amended his ex parte communications and stated he received an email regarding this item not the previous item. Mrs. Petrolia stated she too received an email. Mr. Jacquet stated he had no ex parte communications. Mayor Glickstein stated he received an email. Mrs. Gray stated she is not sure if she received an email. Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -186 into the record. Mr. Dorling stated this is a conditional use request which involves the demolition of an existing one -story ten room motel located on North Federal Highway and reconstruction of a 28 room motel approximately 11,795 square feet. He stated it will include an amenity package of pool and recreation facilities on the south side and a small breakfast nook area for patrons. At its meeting of June 27, 2013, the Community Redevelopment Agency (CRA) considered the development proposal and recommended approval with a 4 to 0 vote. At its meeting of July 15, 2013, the Planning and Zoning Board recommended approval with a 4 to 0 vote. Mr. Dorling stated this facility was before the City Commission approximately two months ago for a redevelopment and at that time it involved some rooms and retention of some of the facility that was there. Staff recommends approval subject to the eleven (11) conditions on Exhibit "A ". 21 08/06/13 Mayor Glickstein asked what is currently there. In response, Mr. Dorling stated it is an existing 10 room motel. Mayor Glickstein asked why the CRA looked at this property. Mr. Dorling stated this property is in the CRA area (North Federal Highway). Bob Currie, Architect with Currie Sowards Aguila Architects, 185 NE 4th Ave #101 Delray Beach, FL 33483, stated this motel is a mess and the owner wishes to clean it up. The owner came forward and gave a few brief comments regarding the motel. Mayor Glickstein stated if anyone would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. way. Mr. Jacquet thanked the owner for coming back and doing this the right Mrs. Petrolia concurred with comments expressed by Mr. Jacquet. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order subject to the eleven (11) conditions as listed in Exhibit "A ", seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 10:04 p.m., Mrs. Gray stepped down from the dais. 9.E. WAIVER REQUEST /CHASE BANK: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.4.12(F)(2), "Planned Commercial District ", which requires a minimum floor area of 6,000 square feet associated with a Class V site plan for the Chase Bank project located on an outparcel of the Harbor Plaza at the northeast corner of Federal Highway and Linton Boulevard. (Quasi- Judicial Hearing) Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 22 08/06/13 Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -115 into the record. Mr. Dorling stated the request before the Commission now is a waiver to LDR Section 4.4.12(F)(2) which requires free standing structures be a minimum of 6,000 square feet in association with a Class V site plan for the Chase Bank project at the northeast corner of Federal Highway and Linton Boulevard. Mr. Dorling stated this was the former location of a mobile gas station. The PC (Planned Commercial) regulations require a minimum floor area of 6,000 square feet and the proposed bank is 3,550 square feet. Mr. Dorling stated this was created prior to the adoption of those regulations and subsequently have a very small outparcel. He stated it becomes impossible to provide the minimum square footage and the associated parking and landscaping. Staff supports this in this case for this parcel. Tara Toto, here on behalf of Chase Bank, stated she is present to answer any questions regarding the waiver request and noted that this Chase Bank will be located on the northeast corner of Linton Boulevard and Federal Highway. Mr. Jacquet inquired about what will happen to the Chase Bank on S.W. 10th Street and Federal Highway once the new Chase Bank is built. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.F. WAIVER REQUESVEL CAMINO RESTAURANT: Request approval of a waiver to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), "Minimum Height ", to allow a twenty -three foot (23') high existing building where a minimum of twenty -five foot (25') height is required in the Central Business District (CBD) Zoning District for El Camino Restaurant located at 15 N.E. 2nd Avenue. (Quasi - Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 23 08/06/13 Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -184 into the record. Mr. Dorling stated this item is a waiver request to allow a 23' building height where a maximum of 25' building height is required per LDR Section 4.4.13(F)(1)(a) for El Camino Restaurant located on the east side of N.E. 2nd Avenue and north of East Atlantic Avenue in the CBD zoning district. He stated the 0.0789 acre property contains three (3) retail bays; the first two will be the El Camino Restaurant and the last one will be FY &I (Frozen Yogurt and Ice Cream). Mr. Dorling stated the requirements that were originally approved when it went to SPRAB were that it met the 25' minimum height and when they came in to do the actual construction there was some confusion and it ended up at 23 feet. Mr. Dorling stated when the applicant came in for additional modifications they were approved for those modifications but they are also seeking to legitimize the as -built condition at 23 feet. He stated required findings with respect to LDR Section 2.4.7(B)(5) are made in the staff report and staff recommends approval of this waiver at this time. Mayor Glickstein made reference to a comment in the staff report "Due to a miscommunication with the previous architect and the builder the building was renovated at 23' tall and not 25' tall as was approved by the SPRAB." Mayor Glickstein asked if anyone was looking at the plans. The applicant stated this took place before they took over the space and explained they are the tenant occupying the space now and noted the facade was done by the landlord. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order approving the waiver request, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.G. BID AWARD/ H & H CARPET OF PALM BEACH COUNTY, INC.: Consider approval of a bid award to H & H Carpet of Palm Beach County, Inc., the second lowest bidder, in the amount of $42,239.00 to replace tile in the Golf Course lobby and carpeting in the main dining room, offices, bar area, pro shop, and the Louie Suggs conference rooms. Funding is available from 445- 4761 -572 -46.10 (Delray Beach Municipal Golf Course: Repair & Maintenance ServicesBuilding Maintenance). Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to approve a bid award in the amount of $42,239 to replace tile in the lobby of the golf course clubhouse, carpeting in the main dining room, offices, bar area, pro shop, and the Louie Suggs conference room. Mr. Barcinski stated bids were received and staff recommends approving the bid award to H &H Carpet (second low bidder) because of staff s concerns of the product quality of the low bidder and that the product 24 08/06/13 bid was a lower grade. In addition, Mr. Barcinski stated they are a small company and did not feel they could complete a project of this size in the timeframes required; sample products appeared to have quality issues; product proposed did not fit with existing decor and would require replacement of window treatments and wallpaper boarders. Mr. Frankel moved to approve the bid award for tile and carpet replacement at the municipal golf course to H &H Carpet of Palm Beach County (second low bidder), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.H. BID PROTEST /ALCALDE & FAY: Consider a bid protest filed by Alcalde & Fay regarding professional federal lobbying services; Request for Proposal (RFP) No. 2013 -46. The City Attorney stated pursuant to the City's bid protest guidelines Alcalde & Fay has the right to appear in front of the Commission and present it. Pursuant to staff's conversations with Alcalde & Fay, they will stand on the merits of their protest. The City Attorney stated the Purchasing Manager also pursuant to the bid protest guidelines reviewed the protest and made a determination that the protest should not be granted because they have not shown that there was some merit that a lack of action by the City gave the bidder an unfair advantage. The City Attorney stated he also concurs in that finding from the Purchasing Manager and thus the reason for recommendation of denial of the bid protest. For clarification, Mr. Jacquet stated the comments that were made by the winning bidder were made during public comment. The City Attorney stated these comments were made during public comment. Mr. Frankel moved to deny the bid protest, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion to DENY the bid protest was passed with a 4 to 0 vote. At this point, the time being 10:18 p.m., Mrs. Gray returned to the dais. 9_I. CONSULTANT AGREEMENT FOR SPERRY VAN NESS/DAVID WILK: Consider approval of a consultant agreement with Sperry Van Ness/David Wilk for Phase III, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. Funding is available from 001 - 1212 -559 -48.71 (General Fund: Promotional Activities/Marketing). The City Attorney stated this item is above $15,000 and did not go out to bid. Staff made a determination that this falls under the personal services portion of their purchasing agreement and would not be required to go out to bid. 25 08/06/13 Vin Nolan, Jr., CEcD, Economic Development Director, stated Mr. Wilk has been with them since November/December of 2011 and has been the lead advocate on advancing the innovation corridor strategy. Mr. Nolan stated in most recent months Mr. Wilk had great success in engagement with both the ownership of the former Office Depot property as well as a development team that is aggressively pursuing that for redevelopment as per the City's desires as a community. He stated he met with the ownership representatives and had communication with them today confirming that they feel as though they are getting very close to a final deal with the local team that is involved. Mrs. Gray moved to approve the Consultant Agreement with Sperry Van Ness/David Wilk, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9_J. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 87h Conference to be held at World Center Marriott in Orlando, Florida on August 15 -17, 2013. The City Manager stated this item is for the Commission to give direction on who they would like to appoint as its voting delegate at the Florida League of Cities meeting to be held on August 15 -17, 2013. The City Manager stated Mr. Frankel, Mrs. Gray, and Mr. Jacquet will be attending. Mr. Frankel moved to appoint Commissioner Al Jacquet as the City's voting delegate to the Florida League of Cities' 87th Annual Conference to be held in Orlando on August 15 -17, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT OF VICE CHAIRPERSON TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Recommend appointment of a Vice Chairperson to the Community Redevelopment Agency (CRA) Board. The City Attorney stated Commissioner Jacquet had a conversation with Diane Colonna regarding these appointments to the CRA Board and there is currently no timeframe. The City Attorney suggested that a person be appointed as Vice Chairperson to the CRA Board for an annual term and the same person can be appointed again if so desired. Mr. Frankel asked why the CRA Board does not appoint their own Chair and Vice Chair. The City Attorney stated by Statute the City Commission has to appoint them. 26 08/06/13 The Commission gave the City Attorney direction to amend the LDRs to provide that the appointment of a Vice Chairperson to the CRA Board be for an annual term. Mrs. Gray moved to appoint Annette Gray as Vice Chairperson to the Community Redevelopment Agency (CRA) Board. After brief discussion and lack of a second Mrs. Gray stated she would like to rescind her motion. Mr. Frankel moved to approve appointing Herman Stevens as Vice Chairperson to the Community Redevelopment Agency (CRA) Board with the caveat to provide for an annual term commencing August 1, 2014 and expiring July 31, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat #5). Mayor Glickstein moved to appoint Michael Costin as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) and Commissioner Gray (Seat #4). Mr. Jacquet moved to appoint Margarita Kaufman to the Education Board to serve as a regular member for a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to appoint Cathy DeMatto to the Education Board to serve as a regular member for a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 27 08/06/13 At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2013 -14: Consider approval of the CDBG Consolidated Annual Action Plan FY 2013 -14 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. (THIS ITEM WAS APPROVED AT THE JULY 25, 2013 CITY COMMISSION MEETING, BUT WAS INADVERTENTLY ADVERTISED TO BE HEARD FOR A SECOND MEETING (A UG UST 6, 2013). THIS ITEM HAS ALREADY BEEN VOTED UPON AND WILL NOT BE HEARD AGAIN) 11. FIRST READINGS: 11.A. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. If passed, a public hearing will be held on August 20, 2013. The caption of Ordinance No. 17 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32 "DEPARTMENTS, BOARDS AND COMMISSIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.08(E), "LENGTH OF TERMS; RESTRICTIONS ", FOR THE PURPOSE OF REMOVING REFERENCE TO THE NEIGHBORHOOD ADVISORY COUNCIL; REPEALING SECTIONS 32.45, "ESTABLISHMENT "; 32.46, "COMPOSITION; APPOINTMENT; TERMS "; 32.47, "ORGANIZATION "; 32.48, "QUALIFICATIONS OF MEMBERS ", 32.49, "DUTIES AND RESPONSIBILITIES ", 32.50, "MEETINGS ", IN THEIR ENTIRETY; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17 -13 is on follow with the City Clerk's office.) 28 08/06/13 The City Attorney read the caption of the ordinance. Mr. Frankel moved to approve Ordinance No. 17 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated with regard to comments made about the beach pavilion staff found some errors in the plans; the City did not draft the plans but staff found the mistakes. He stated it would have cost the City a ton of money to address those complaints and the City would not have gotten the product that they wanted. The City Manager stated rather than going through the expense of building something that we do not really want the City put it out for bid again. He stated in the end the pavilion will end up looking like it is intended to look and function like the City wants it to function in terms of the longevity. Secondly, the City Manager stated the City has undertaken six (6) public art projects thus far: (1) Family, (2) Ida's Cool Spot, (3) Untitled, (4) Knowles Knots, (5) Bus Shelter Student Art, and a (6) Fountain. 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel inquired about the status with regard to the contracts with the 30 -day out clauses and asked the City Manager where staff is with identifying those and bringing it before the City Commission for discussion. The City Manager stated initially the Commission wanted the contracts that were revenue producing and there has been some internal debate about the revenue producing contracts. Staff believes there are about five (5) revenue producing contracts and he does not believe they have a 30 -day and out clause. Mayor Glickstein stated the request was a list of contracts with 30 -day cancellations. Secondly, Mr. Frankel stated in March he discussed scheduling meetings with local HOA's and local groups and instead of having people come to Old School Square that City staff go to their homeowners meetings. He asked if staff has scheduled anything or talked to any groups yet. The City Manager stated staff has not scheduled any meetings but will look into this. Mr. Frankel stated he feels it would be a good idea 29 08/06/13 to discuss good government and to get a voice on what residents think and feels that the communities especially where the majority of the residents are seniors they are not traveling at night to come out to the meetings. 12.C.2. Mrs. Gray Mrs. Gray asked for an update on the hotel on West Atlantic Avenue and when they will be breaking ground. Secondly, Mrs. Gray stated Palm Beach County may be moving the Sheriff's office out of the building on Congress Avenue and some acreage may be coming available near Tri Rail. Mrs. Gray stated last week Delray Beach was the host to the National Association Intercollegiate Association (NAIA) and they are looking to come to Delray Beach. She stated Delray Beach sent a Request for Proposal (RFP) for the Women's and Men's Soccer Tournament for 2014. Mrs. Gray stated Wellington and Alabama were finalists but feels that Delray Beach won. She stated the NAIA loved the soccer complex and visiting the Marriott and the tennis center. Mrs. Gray stated the Sports Commission had a meeting Monday and everyone is on board to move forward with the mission and vision. Lastly, Mrs. Gray stated staff is doing an excellent job. 12.C.3. Mrs. Petrolia With regard to the DJ at the Sandbar, Mrs. Petrolia stated she inadvertently voted in the affirmative when she actually meant to oppose the DJ at the Sandbar. For the record, Mrs. Petrolia stated her comments through the discussion were clear where she stood on the issue and to go back to correct the vote as discussed with the City Attorney would be difficult and noted her vote was not a deciding vote. The City Attorney stated the Minutes are correct. Secondly, Mrs. Petrolia commented about the Police and Fire Pension Plan investments specifically about the investment of quadrant. She stated although the Commission has no ability to influence the fund she wanted to make it known that this is a fund that is very concerning and has lost $1.3 million from its inception of taxpayer pension money. Mrs. Petrolia stated there was an attempt to put that on the Agenda but to eliminate the fund would have to be done on a quarterly basis and there is a time element before you can have that fund removed. She stated a citizen brought the information to the Commission. Lastly, Mrs. Petrolia stated it is taking too long to get RFP's out on the street and feels it is extremely lengthy. She feels that if the RFP had been sent out in a timely fashion they would have not spent so much time and energy at the last two meetings talking about this issue. Mrs. Petrolia stated that time and energy could have 30 08/06/13 been spent much better on other issues that deserve the attention of the Commission. Mrs. Petrolia stated the delay is unacceptable and would like an answer by the end of the week on what caused a full three (3) month delay and when the Commission can expect this to be sent out. 12.C.4. Mr. Jacquet Mr. Jacquet stated Mr. Goldenberg spoke about the home alarm registration and the letter he received in the mail that had his password on it. Mr. Jacquet asked that staff look at this and find a way to secure private information from the taxpayers and people the City does business with. Mr. Jacquet stated he does not feel this is a good way to do business. Secondly, Mr. Jacquet inquired about the annual fee that residents are charged on top of what they pay on their home alarm and stated he has received complaints from numerous residents about this fee. He congratulated Chevelle Nubin, City Clerk, for the resolution she received from the Florida Association of City Clerks (FACC) for her work as District Director of the Southeast District and stated the Commission appreciates her work. Lastly, Mr. Jacquet stated Labor Day weekend he will be out of the country and will not return until September 6, 2013 and the City Commission has a meeting on September 3rd. Mr. Jacquet stated if there are no objections or no time conflicts to push the Commission meetings back one week. Mr. Jacquet suggested that the Commission push the meetings back to September 10tH 17tH and 24m as this would make it possible for him to attend all of the meetings. Mr. Frankel stated he will be out on September 24m. The City Attorney stated there are certain dates that the City has to adopt the millage. Mayor Glickstein suggested that this be discussed at the August 13, 2013 Workshop meeting. 12.C.5. Mayor Glickstein Mayor Glickstein stated at the City Commission meeting of August 20, 2013 he has asked Dr. Kim Delaney from Treasure Coast Regional Planning Council to give the Commission and public a presentation on the All Aboard Florida and the Tri- Rail Coastal link. He stated Dr. Delaney has been one of the key people with Palm Beach County's Metropolitan Planning Organization (MPO) and she will give the Commission a concise summary of where things stand. Secondly, Mayor Glickstein stated Joe Gillie has asked the City to figure out a way for what was at the Teen Town Hall meeting a request for a dance. Mayor Glickstein stated Mr. Gillie has offered the gym at Old School Square for that. Mayor Glickstein stated there have been several emails that have come out asking cities for infrastructure input so that the MPO can formalize their next budgets. 31 08/06/13 He would like to know how the City's Engineering/Environmental Services Department is interfacing with the technical staff at the MPO. Mayor Glickstein stated they are looking for things to address transportation needs in the city and he wants to make sure there is no dis- connect with City staff. With regard to the smoking on the beach issue and the litter from the cigarette butts, Mayor Glickstein stated the previous Commission stopped thinking there was going to be some legislation in Tallahassee to deal with this and that legislation died. Mayor Glickstein stated the City cannot say you cannot smoke on the beach; however, with signage and enforcement on littering ordinances the City can maybe address some things. Mayor Glickstein asked that this be brought back for discussion at a Workshop meeting. Mayor Glickstein stated he would like to know by the end of this week when the City will have a procurement ordinance. Lastly, Mayor Glickstein stated with regard to Commissioner Frankel's comment about the meeting with school Principals one of them brought up the possibility of meeting at a school. He stated there are some logistical issues with holding meetings at different venues but there is some benefit to that outreach although there is nothing preventing the Commission from going into those homeowner associations individually and reporting back at any time. Mayor Glickstein stated someone suggested today that instead of going to the homeowner associations to actually hold these meetings at a school. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:53 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 6, 2013, which Minutes were formally approved and adopted by the City Commission on 32 08/06/13 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 33 08/06/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DELL GROVE PLAT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding Dell Grove Plat has come before the City Commission on August 6, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request and plat approval for Dell Grove Plat. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.3.1(D), lots created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with the frontage on a street. For corner lots, the side having the least street frontage should be the front for setback purposes." Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot frontage, width, depth, and size below the minimum requirements for the proposed Lot 1, and to allow a reduction in the lot depth and size below the minimum requirements for the proposed Lot 2. City Commission Meeting on August 6, 2013; Item 9.C. Existing and Proposed Lot Dimensions Lot Size (Square Lot Width Lot Lot Frontage Feet) Interior /Corner Depth Interior/Corner Minimum Required 7,500 60%80' 100' 60'/80" Existing Lot 1 7,000 50' (Corner Lot) 140' 50' (Corner Lot) Existing Lot 2 7,000 50' (Interior Lot) 140' 50' (interior Lot) Proposed Lot 1 7,125 75' (Corner Lot) 95' 75' (Comer Lot) Proposed Lot 2 6,175 65' (Interior Lot) 95' 65' (Interior Lot) • Lot 1: • Width /Frontage: The proposed 75' width /frontage is deficient by 5' (minimum 80' required). • Depth: The proposed 95' depth for Lot 1 is deficient by 5' (minimum 100' required). • Size requirement: Lot 1 is 7,125 square feet and is deficient in size by 375' (7,500 sq. ft. required) • Lot 2: o Depth: The proposed 95' depth for Lot 2 is deficient by 5' (minimum 100' required). o Size requirement: Lot 2 is 6,175 square feet. It is deficient in size by 1,325 square feet (7,500 sq. ft. required) A. Should the waivers to Section 4.3.4(K) to reduce frontage, width, depth, and size requirement for Lot 1 be granted? Yes ✓ No B. Should the waivers to Section 4.3.4(x) to reduce depth and size requirements for Lot 2 be granted? Yes ✓ No II. Plat Approval: The required findings for approval are hereto attached as "Exhibit A ". Should the Dell Grove Plat be granted? Yes ✓ No 2 City Commission Meeting on August 6, 2013; Item 9.C. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original plat was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves _V denies the waiver requests and plat approval and hereby adopts this Order this 6th day of August, 2013, by a vote of 5 in favor and p ed. ATTEST: Cary D. Glic in, Mayor I&L r-� h Chevelle Nubin, City Clerk 3 City Commission Meeting on August 6, 2013; Item 9.C. Exhibit A PLAT FINDINGS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. 1. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units per acre) and a zoning designation of R -1 -A (Single Family Residential) Zoning District, which are consistent with one another. Within the R -1 -A zoning district, conventionally sited single - family detached residences are allowed as a permitted use. 2. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Since the replat will result in the same number of single - family lots, a concurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from the surrounding roadways. A $500 park impact fee will be required for each new unit at issuance of a building permit. 3. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. Section 3.2.1 Basis for Determining Consistency: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.3 Standards for Site Plan and /or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation_ Meets intent of standard 4 City Commission Meeting on August 6, 2013; Item 9.C. (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not Applicable (C) Open space enhancements as described in policies found under Objective B -1, of the Open Space and Recreation Element are appropriately addressed. Not applicable (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is detennined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Meets intent of standard (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in teens of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Meets intent of standard (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Meets intent of standard (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in temps of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Meets intent of standard (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Meets intent of standard (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Comprehensive Plan Policies: a. Future Land Use Element Objective A -1: Properly shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. 5 City Commission Meeting on August 6, 2013; Item 9.C. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development of the subject property is proposed in a manner appropriate and complementary to the adjacent single- family residential development throughout the neighborhood. 4. Section 3.1.1 (D) - Compliance with the Land Development. Regulations: LDR Section 5.1.3(A) (Plat Required): A plat is required for the subdivision of any Iot, tract or parcel of land, unless it qualifies for a plat exemption pursuant the LDR Section 5.1.4. This replat does not qualify for a plat exemption, since the proposed lots will be nonconforming. LDR Section 5.3.1(Right -of -Way Dedication: Per LDR Section 5.3. ] (A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5' of right -of -way is being dedicated for NE 2nd Avenue on the plat. LDR Section 4.3.4(x) (Development Standards Matrix): A waiver to lot frontage, width, depth, and size requirements, pursuant to Section 4.3.1(D), is required. 6 City Commission Meeting on August 6, 2013; Item 9.C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE SOUTHGATE MOTEL 1. This conditional use request has come before the City Commission on August 6, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Southgate Motel. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and Ii. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes ✓ No b. Concurrency: Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No August 6, 2013 City Commission Meeting; Item 9.D. II. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.9(D)(9), hotels and motels are listed as allowable conditional uses. a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached conditions? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request subject to the conditions of approval attached hereto in Exhibit "A ". The City Commission hereby adopts this Order this 6th day of August 2013, by a vote of 5 in favor and 0 opp Cary D. Gli in, Mayor ATTEST: Chevelle Nubin City Clerk 2 August 6, 2013 City Commission Meeting; Item 9.D. EXHIBIT "A" CONDITIONS OF APPROVAL FOR SOUTHGATE MOTEL 1. Prior to building permit issuance, a Class V Site Plan Modification application shall be submitted and approved by the Site Plan Review and Appearance Board (SPRAB) with all conditions met and certified plans approved by the Planning & Zoning Director. 2. Since the one -way drive aisle adjacent to the angled parking spaces is 15' it is presumed that the angled parking spaces measure 45 degrees. The proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. [See LDR Section 4.6.9(D)(4)(e) (Parking Lots Detail RT 4.1) Page 4.6 -46.] 3. The abandoned 5' Limited Access Easement (ORB 5571, PG 761) shall be recorded with Palm Beach County. The survey and site plan shall be modified to reflect its removal. This shall be a condition of approval. 4. Provide confirmation from FDOT that no additional right -of -way is required along North Federal Highway. 5. Provide confirmation from FDOT that no new sidewalk or expansion is required along North Federal Highway. 6. Provide confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. 7. All plans shall reflect the twenty foot (20') right -of -way dedication along Old Dixie Highway and graphically depict the new rear (west) property line location AFTER right -of -way dedication. 8. All on -site parking and required dead end turnaround areas shall be located entirely within the parcel boundaries after dedication of the twenty feet (20') along Old Dixie Highway. Modify proposed plans to comply. 9. Pursuant to LDR Section 4.6.8(A)(3), the required maximum illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. A photometric plan was not provided for consideration. Upon conditional use approval, the site plan will be required to demonstrate compliance prior to site plan certification. 10. Along Old Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a five foot (5') 3 August 6, 2013 City Commission Meeting; Item 9.D. sidewalk deferral agreement be processed and approved prior to building permit issuance. 11. Pursuant to the definition of motel, no provisions for cooking can be provided. It is noted that the proposal would not meet several LDR requirements related to permanent housing including unit size or density. To assure compliance, no 220 volt circuit electrical outlets (with the exception of A/C units) will be provided within the individual motel rooms that could be utilized to accommodate full -size appliances. 4 August 6, 2013 City Commission Meeting; Item 9.D. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE CHASE BANK ON THE NORTHEAST CORNER OF FEDERAL HIGHWAY AND LINTON BLVD 1. This waiver request came before the City Commission on August 6, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Chase Bank at the northeast corner of Federal Highway and Linton Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.12(F)(2) Pursuant to LDR Section 4.4.12(F)(2), any free - standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. The applicant is asking for a waiver to allow a free - standing building to have a minimum floor area of less than 6,000 square feet. Should the waiver to Section 4.4.12(F)(2) be granted? 1 City Commission Meeting on August 6, 2013; Item 9.E. Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of August 2013, by a vote of 4 i or a opposed. ATTEST: Cary D. Glic n, Mayor t Chevelle Nubin, City Cleric 2 City Commission Meeting on August 6, 2013; Item 9.E. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE EL CAMINO RESTAURANT AT 15 NE 2ND AVENUE 1. This waiver request came before the City Commission on August 6, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the El Camino Restaurant at 15 NE 2nd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. L WAIVERS: Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation, and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13(F)(1)(a) Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings in the Central Business District shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height. For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. The applicant is asking for a waiver to allow a building height of twenty -- three feet (23'). Should the waiver to Section 4.4.13(F)(1)(a) be granted? Yes ✓ No 1 City Commission Meeting on August 6, 2013; Item 9.F. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of August 2013, by a vote of 4 i vor opposed. ATTEST: Cary D. Gli6kain, Mayor Chevelle Nubin, City Clerk 4 City Commission Meeting on August 6, 2013; Item 9.F. WORKSHOP MEETING August 13, 2013 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, August 13, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA Commission discussed allowing public comment on Item #4, Discussion of the Proposed Budget for FY 13/14. It was the consensus of the Commission that public comment would be allowed on this particular item. Public Comments: None. Mayor Glickstein then closed public comments as there were no speakers. 1. Delray Beach Center for the Arts at Old School Square Annual Report and Funding Request Presentation Mr. Joe Gillie, President and CEO of Old School Square (OSS), thanked the Commission for having them tonight and introduced, Frances F. Bourque, Founder of OSS, Bryan DeFrances, Chairman of the Board of Directors, Laurian McKenzie, Treasurer, Patty Jones, Secretary and Board Members Bob Currie, Bob Bourque and Bill Morris. He also introduced staff members Craig Frustaci, Managing Director and Brian Ridolfo, Assistant Artistic Director. In addition, he thanked Assistant City Manager Mr. Robert Barcinski, the City's Liaison to Old School Square. He discussed Old School Square's successes for the year, rebranding of Old School Square to Delray Beach Center for the Arts, enhancement to the facilities, the financial challenges as well as new challenges. He spoke regarding the Art Cinema at the Crest Theatre and the new programs, partnerships, financial stability, funding request, Delray Beach Center for the Arts at Old School Square Strategic Plan and its mission and vision. Mr. Gillie invited everyone to the outdoor concert that will take place on Friday, October 11, 2013. Mr. Frankel stated the list of community partners have been growing every year. He appreciates that Mr. Gillie thinks outside the box and is including new programs for younger people. Mr. Frankel stated he always love the programing and presentation, and thanked Mr. Gillie, his staff and the Board of Directors. Mrs. Gray asked what percentage of the budget is programming and if the arts program can be incorporated with the City's summer and afterschool programs so the children can experience theater and performing arts. Mrs. Petrolia stated Mr. Gillie is doing a fine job and love the idea of some of the things that are on the master plan. She appreciates the presentation, like the direction he is going, especially with regards to the younger group and how the tickets are being sold. She thanked Mr. Gillie for the presentation. Mr. Jacquet asked if there was a change in the funding request. He also asked how does the relationship works between the Center for the Arts and the partners. He thanked Mr. Gillie, his staff and the Board of Directors for the presentation. Mayor Glickstein stated it is an honor to have Mrs. Bourque here tonight. He asked Mr. Gillie if he was able to apply any critical analysis to see if it is worth it to rebrand OSS. In regards to sponsorship dollars, Mayor Glickstein suggested that they be aware of competing spheres between civic groups and the spheres interaction when it comes to cultural arts in order to eliminate redundancy. 2. Downtown Development Authority (DDA) Annual Report Marjorie Ferrer, Executive Director of the Downtown Development Authority introduced her staff, Laura Simon, Associate Director, Gail Lee McDermott and board members David Cook, Treasurer and Diane Franco. Mrs. Ferrer presented a PowerPoint presentation of the Downtown Development Authority Annual Report. She discussed the DDA's history, mission, goals, marketing campaign and successes, the impact of digital and social explosions, additional marketing programs. The DDA continues to support the Delray Beach Marketing Corporative (DBMC) including the Christmas tree and First Night events and all of DBMC events are included in their guidebook. In addition, she discussed the economic development, the downtown cluster updates, security and crime, clean and safe, and traffic, parking and noise. She stated that they will be focusing on eight major events. Mrs. Ferrer thanked the Commissioners for their support, it has been a great year and look forward to next. Mr. Jacquet asked about the budget, the millage rate and private contributions. He asked how the relationship between the DDA and DMC works in attracting Canadians and other people to come to Delray Beach. He thanked Mrs. Ferrer and her staff for their hard work. Mrs. Petrolia asked about the DDA budget and the in -kind, the visitors welcome center and if the DBMC branched off of the DDA. How is the DDA marketing specific to a certain area and DBMC marketing is more generalized. Mrs. Gray thanked Mrs. Ferrer for her presentation. She asked about the tax revenues received from the I millage rate. She asked if the DDA can incorporate diversity in the advertisements and possibly have a future event so that everyone that the DDA is advertising will feel that they are a part of the advertisement. In addition, she asked about advertising on different radio 2 August 13, 2013 stations that would attract merchants /clients that would patronize the businesses. Mayor Glickstein stated that he did not see much diversity in the advertisements. Mr. Frankel stated that he received an email from Bruce Gimmy and Mr. Gimmy pays the DDA one mil, $159.00. As a board member of the Palm Beach County Tourist Development Council ( PBCTD), they always look at what events are in Delray and what the DDA and DBMC is doing as well. The PBCTD always highlights the City of Delray Beach and it is a great complement to DDA and DBMC. Mr. Jacquet asked about cluster five. He is concerned that there are a number of businesses in cluster five and that they are paying the 1 mil rate but they have not yet seen the benefit of their one mil as far as events going on in that area or businesses being promoted. He has seen businesses throughout the downtown core from east to west that have been listed and promoted, but cannot say that he has seen many within cluster five. He would like to see the DDA partner with the businesses in cluster five. Mayor Glickstein stated that he would like to see real -time feedback in terms of all of the property owners and if they see the DDA as value added. He stated that it would be nice to have a question added to a survey that would allow the property owners to give feedback regarding the additional tax, is the tax is worth it. In regards to the Howard Alan Art Shows, he asked about the statement "100,000's of new and high end customers to downtown" and how is it being measured. In addition, he asked why the Howard Alan event cannot be moved off Atlantic Avenue into the Pineapple Grove area or in other areas such as Osceola Park or West Atlantic Avenue. He thanked Ms. Ferrer for doing a great job. 3. Delray Beach Marketing Cooperative (DBMC) Annual Report Ms. Stephanie Immelman, Executive Director of the Delray Beach Marketing Cooperative (DBMC), thanked Commission for having them there tonight with the DDA. She discussed the DBMC partnerships, its mission statement, and accomplishments through Destination Marketing, Marketing Programs, Special Events and Community Collaboration. They are designed to market all of Delray Beach and the boundaries are from Boca Raton to Boynton Beach. In addition, she provided an overview of 100 feet Christmas tree, First Night and the July 4`h events, the economic impacts, sponsorships, broker in -kind services, media coverage and programing. This year DBMC will be focusing on family - friendly events. The Delray Beach Signature Event "On the Ave ", marketing program goals and results, Facebook analytics, marketing impressions, community affiliations and collaborations. Ms. Immelman reviewed their financial stability goals and results, support of DBMC partners, awards and the total return on investments. She also discussed DBMC's vision, marketing programs and communications. She showed Commission the "Visit Florida" video. Mr. Frankel stated the video was amazing. He asked how much time and money is being invested in Morikami Museum since it is not in the City limits and with a cost benefit analysis if selling the First Night buttons is worth it. Mrs. Gray asked if they are still being funded for the "On the Avenue" event since the number of events was decreased. Mrs. Petrolia stated that the love she idea of linking between the DBMC, DDA, and the Delray Beach Chamber of Commerce for the events. In addition, she inquired about DBMC's website and their ability to provide someone with pertinent information. She asked if Waste 3 August 13, 2013 Management participated in sponsorship. It was a great idea to go off the Avenue and DBMC pioneered in to the area. She commended Ms. Immelman and her staff for a job well done. Mr. Jacquet thanked Ms. Immelman and her staff marketing Delray Beach. He stated that going off the Avenue is brilliant, forward thinking and courageous and he applauded them. He asked what percentage of their budget goes to administration. Mayor Glickstein echo the remarks made by Commission. He stated that the organization mirrors a start up in the sense that it has a more entrepreneurial attitude which is beneficial. More racial diversity would be appreciated and wanted. He would like for the DBMC to come back before Commission a year from now to demonstrate how it promoted the City as a sports designation. He thanked Ms. Immelman and her staff. Mrs. Petrolia asked if there is any possibility in being able to get some help from the county. 4. Discussion of the Proposed Budget for FY 13/14 Mr. David Boyd, Finance Director presented an overview of the proposed budget for FY 2013/2014. He stated that the intention was to discuss and summarize the budget where the city is now. As far as the 2014 budget is concern, the one thing that drives the budget is the taxable property value. The trend in the property value has been either declining or stagnate over the past eight years. It has only been on the rise in the current year, that the taxable property value has equaled what it was in 2006. He explained that the reason the taxable property and the millage rate is so important to the budget discussion is because 50% of the general fund revenues comes from the property taxes. The property taxes are the greatest portion of the revenue source for the general fund. The three factors that affects the property tax revenue are 1) the taxable value decreased in 2006 — 2013, 2) the millage rate declined from 2006 -2013, and 3) inflation impacted the revenues that was received. Even with the declining revenues over the past years, there has been no significant reduction in services. Two large impacts that do not get discussed a great deal are capital investments which are not being invested back into the infrastructure of the City from the general fund. This year we are proposing a $500,000 dollar capital investment out of a one hundred million dollar budget year or a half percent investment back into the capital infrastructure. In regards to employee compensation, the employees have not had any raises for the past five years up until this current year. The employee received a three percent raise, so the same inflationary forces that have impacted the City's revenue have also impacted the employees' income. In addition, for FY 2014, 1.6 million dollars annually required contributions have to be added to the Police and Fire Pension plan. The funding of the Police and Fire pension plan will be going from 8.1 to 9.7 million dollars, which is ten percent of the total budget and will have a big impact next year. Mr. Boyd stated that if the City continues to offer the same level of services in FY 2014, then a proposed millage rate is needed. If there is no proposed millage rate and the City keeps the same level of services then some additional other source of revenue will be needed. If not, the City needs to compromise on what the service levels will be for FY 2014. He asked what type of revenue the City is going generate and what type of service level does the City want for FY 2014. Mr. Boyd continued with the presentation of the Proposed Budget for FY 2014. City Manager Louie Chapman stated the budget is considerably more honest then seen in the past budgets. The frozen positions have been removed from the budget. If a position has been frozen in the budget for 3, 4 or 5 years it is not going to come back and it is offering the department false hope. He explained that he and the Finance Director have not been able in his 4 August 13, 2013 four months' time, look at the performance of the various departments in terms of what the staff levels are. This organization has never really gone through what is termed a "right- sizing" exercise to look at the match -up between the services that are being provided and staffing to see if the two match -up right. As soon as this budget is completed, it will be on the next budget which will involve the right- sizing exercise. Not sure if that ends up meaning that we will come back and look at some of the way the existing position are allocated. There are certainly some services that the City would like to offer, which are not currently being offered. He does not want to consider going to the taxpayer to ask for those things until the City has gone through the internal evaluation. This budget is considered a transitional budget and staff will go through the right- sizing exercise in FY 14/15. In addition, the City is in a transactional year on two federal grants that requires the City to hold on to personnel in the public safety arena; and the City does not want to put itself in a position of having to pay any portion of a federal grant because the City did not meet the bottom line criteria about maintaining staffing for a year after the grant. There are a lot of things he would like to get done in the next budget cycle. Mrs. Petrolia stated that the budget information was not easy to find in the online agenda items and recommended that a reference number of some sort be assigned to make it easier to the budget item. She asked Mr. Boyd to explain why there was a difference in the numbers of the Proposed Budget ($96,574,063) total revenue and resolution ($96,057,090). In addition, she discussed salary wages and agreed with the pay raises and thinks that they are important. Everyone deserves a wage increase as long as there are performance merits and she does not agree with across the board raises. She stated that she needs a better understanding of the across the board raises and currently she does not support the five percent across the board increases. She also asked if there was a three percent wage increase in FY 2012. Mrs. Gray asked Mr. Chapman if there is any fat in the budget. Mr. Chapman stated that it is a fairly lean budget. He explained the contingency items in comparison to the budget. The City is relaying on the fund balance for this year, which is a short term fix. He stated we opted to have millage stability, look at the concerns regarding staff salaries and have no disruption in the basic level of services until a more comprehensive review can be done. He stated that the City's reserve is healthy and it is about 22% of the operating budget. The City actually added to the fund balance over the last two years and probably will return a slight amount to the reserves in this current operating year because the City is operating below its expense level. The revenues are higher and the expense levels are lower, so we are expecting a return of slightly over a million dollars to the reserves and the current operating year. He continued to discuss capital improvements and concerns regarding future employee performance increases. Mr. Frankel stated the City employees got a raise last year and the Police actually took hit because their hours were decreased from 84 to 80 hours. He received an interesting email over the weekend and asked if there was any thought into the City selling the cemetery. He asked about charging a nominal fee for the trolleys. In addition, he spoke about the current budget presentation and asked if a synopsis of the budget can be provided in a more understandable format. Mayor Glickstein asked about the beach restoration reimbursement amount, will the funds from the water /sewer South County capacity sale be picked up in the enterprise fund and if the City collect any cable television franchise fees. He asked where is the City picking up the Gulfstream contract and would like to know the contract term; where are the system upgrades being picked 5 August 13, 2013 up in the financial administration in terms of computer and software upgrades for the Finance Department and where is the lobbyist expenses being pick up. He also asked is there some sort of formula or something in the CRA plan that permits certain funding regarding the Clean and Safe Program. Discussion ensued between the Mayor and staff regarding categories related to the Clean and Safe budget; police department administration related to staffing and the legal advisor office, overtime, and fleet maintenance; fire department administration related to overtime and fleet maintenance; code enforcement increase and code enforcement administration regarding code enforcement officers being moved into the Police Department.. The Mayor stated that he would like a cost benefit analysis in regards to moving Code Enforcement in the Police Department. He asked if there had been a reclassification of staffing in Environmental Service or Engineering; if the Public Works Department has someone within the department auditing the public facilities on an on -going basis; why Ocean Rescue is within the Parks & Recreation budget, and would like to see some alignment between parks and recreations in terms of sports destination. Discussion continued between the Mayor and staff regarding the contractual obligations for the Tennis Center, the proposed budget with regards to value added and performance evaluation process. 5. Presentation of Feasibility Report for the Proposed Block 117 Garage Randel Krejcarek, City Engineer presented this item. He stated that there is an item in the capital budget that is being proposed for the design of the garage next year and felt it was prudent to bring this part forward. On April 2, 2013, Commission approved Service Authorization #12 -03 with Kimley -Horn and Associates to prepare conceptual layouts for a proposed parking in Block 117 (0 Block of S.E. 6ffi Avenue, just a 1/2 block south of Atlantic Avenue on the east side.) A Consultant looked at three conventional options and two mechanical options. The study considered the following design alternatives: a) stand -alone self - parking garage (Options 1, 2, and 3); b) self -park parking garage with ground floor retail (Options 1A, 2A, and 3A; and c) automated parking garage system: 1) robotic valet (Option 4, and 2) rack and rail system (Option 5). He discussed each option in detail. Mayor Glickstein adjourned the Workshop Meeting at 10:16 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, August 13, 2013, which Minutes were formally approved and adopted by the City Commission on October 1, 2013. 6 August 13, 2013 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. August 13, 2013 AUGUST 20, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 20, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: None. 5. PRESENTATIONS: S.A. FEC Railroad Overview — Kim Delaney, Ph.D., Strategic Development Coordinator Kim Delaney, Ph.D., Strategic Development Coordinator, Treasure Coast Regional Planning Council, gave a brief overview and PowerPoint presentation as to the various rail projects that are on the horizon in the region. Mayor Glickstein stated many cities that are affected by this are not benefitting from the high -speed rail in particular Delray Beach. He stated residents are driving either north to West Palm Beach or south to Boca Raton to utilize that high -speed rail. Mayor Glickstein stated it is going to be a major inconvenience in addition to the additional noise. Ms. Delaney stated in their discussions FEC is very sensitive to the public relations implications of this project that is a regional benefit in nature but it is not direct to the municipality. There are many communities that are looking for a benefit that 08/20/13 is a regional benefit in nature versus the cost to maintain the grade crossings. She stated they are in dialogue with the Department of Transportation looking for State dollars with the Federal Railroad Administration looking for Federal dollars and FEC directly looking for private help to figure out a package of funding that could begin to break down some of those costs. Ms. Delaney stated each grade crossing has its own agreement and most of them shift all of the costs to the locals as well as the maintenance for those crossings and shifts the responsibility away from the FEC to keep them open. Ms. Delaney stated everyone will be working together for the next couple of months to figure out what the financial impact could be and noted this is a primary task they have as they are trying to assist the MPO in its discussions. Mrs. Gray asked which railroad track this would be in the core downtown. Ms. Delaney stated it would be the FEC line downtown. She stated she is concerned over the amount of trains and cargo that comes through now and with the passenger train coming as well she feels people will not be able to cross the railroad tracks. Ms. Delaney stated passenger trains are less than 1,000 feet and clear the intersections in about 45 seconds (one light cycle); freight traffic is larger, heavier, and takes longer to get through the intersection; the passenger trains are shorter, lighter, and faster (up to 79 mph); a freight train does not move faster than 45 mph. Ms. Delaney stated the standard condition where freight and passenger rail share the same track which is on the CSX corridor and what is proposed on FEC corridor requires a certain level of safety improvements. Ms. Delaney stated FEC proposes up to 79 mph from Miami to West Palm Beach; up to 110 mph from West Palm Beach to Cocoa; 125 mph from Cocoa to Orlando; and Class 6 railroad requires a substantial increase in the infrastructure at those grade crossings. Mrs. Petrolia inquired about the timing of the freight trains versus the timing of the passenger trains. Ms. Delaney stated what FEC has indicated that they plan to run the express service from 6:00 a.m. — 9:00 p.m. but there is enough capacity for them to continue to run the freight service and they are adding a second track. In addition, Ms. Delaney stated they have also indicated publicly in meetings that they have no plans to ship their freight service into the evening hours. She stated there are two rail projects; Northwood — West Palm Beach and the Port of Miami. Ms. Delaney stated these two connections are designed to help freight get off the east coast over to the CSX. Mrs. Petrolia stated all of this is coming through the center of town and every time a train comes through whether it is coming through together or not the bars are going down and the traffic is backing up. Mr. Jacquet stated the City may be able to speak with FDOT and All Aboard to relieve the City's cost. Ms. Delaney stated they have spent numerous hours discussing what the financial options are, where the revenues lie and how they bring the revenues down. Mr. Jacquet inquired about the "quiet zones ". Ms. Delaney stated the "quiet zones" must be '/z mile in length so it could be the middle of the '/z mile; a 1/4 mile on each side. 2 08/20/13 At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. In response to a prior inquiry expressed by Gail Lee McDermott about Osceola Phase I, the City Manager stated Osceola Phase I has not yet been constructed. The City Manager stated this project is budgeted at $136,000 and construction for the alleys will begin within the next month. Secondly, with regard to Mr. Blum's concern about when the beach pavilion will be re -bid, the City Manager stated the beach pavilion is being re -bid now with an expected completion date of February 14, 2014. The City Manager stated in evaluating the bids staff found that there were several items that were not picked up on by the bidders particularly one related to the electrical system. He stated it was about a $50,000 item and some of the bids was bid for about $8,000. Therefore, the City Manager stated staff would have received a change order on it and some of the hangers that were specified in the document were originally intended to be stainless steel but there was an equivocation about it in the bid documents that it be substituted for galvanized. The City Manager stated the architect was certain that the longevity of the project hinged on galvanized. The City Manager reiterated that staff would have received change orders on it so they felt it was more prudent to re -bid the entire document. Lastly, with regard to Mr. Frankel's concern about the 30 -day contracts, the City Manager stated he sent an email to the Commission regarding these contracts. Mr. Frankel asked if staff is going to be putting these out to bid. The City Manager stated some of these contracts are coming up for renewal naturally, some are coming up in Parks and Recreation in the next month or so for bid, and there are number of others throughout the course of the year. The City Manager stated staff will place this on a future agenda and let the Commission look at them and decide whether they want to exercise the options. 6.11. From the Public. 6.11.1. Trey Kauffman, 235 N.E. 1St Avenue, Delray Beach, FL 33444, commented about the sidewalk cafes and stated he cannot get his wheelchair past the table and chairs on the sidewalk. Mr. Kauffman suggested that the City eliminate the black vinyl straps which are temporary boundaries and make the restaurants install a railing. 6.112. Steve Blum, 115 -C Venetian Drive, Delray Beach, FL 33483, expressed concern over the way things are handled with the bidding process and the City spent $10 million on the beach but the beach pavilion takes five years to get built. Mr. Blum stated the gateway to Delray Beach is A -1 -A and this bid does not include the rails going down to the beach. He suggested that this be put into the maintenance budget if at all possible. 3 08/20/13 6.B.3. Karen Granger, President of the Greater Delray Beach Chamber of Commerce, stated construction started on their new office space this week; membership is up 37% from where they were a year ago. Ms. Granger stated recently at the Florida Festival and Events Conference Delray Beach was awarded 20 sunshine awards for events. 6.B.4. Nancy Stewart - Franczak, 227 S. Swinton Avenue, Delray Beach, FL 33444, stated it was an award winning day at the Florida Festival and Events Conference. Ms. Stewart- Franczak thanked City staff from Public Works, Parks and Recreation, Police & Fire, and the City Manager's office for supporting the events. 6.B.5. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33445, stated with regard to the comments expressed by Mr. Kauffman about the sidewalk cafes and being ADA compliant. Ms. Moody stated State and Federal laws for service animals are supposed to be clear. 6.B.6. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated the beach contract is going back out for bid and would like to ensure that the bid package addresses the handling of the current account owners for beach chairs. Ms. Morrison stated there are hundreds of people that have those contracts in place and if this goes to a different company it will not be fair to the residents that have those annual memberships. Secondly, Ms. Morrison asked with regard to Items 8.13. and 8.C., why anything having to do with Atlantic Crossing is on the Consent Agenda. Ms. Morrison stated there are regulations in place with respect to the sidewalk cafes; a five (5) foot clearance is required; however, no one follows the rules because nobody has lost their license over it. Lastly, Ms. Morrison thanked Doug Smith who has been with the City of Delray Beach for seven (7) years and stated he is a very loyal and valuable employee. 6.B.7. Harvard Alan, stated the two art shows they put on are ranked amongst the top art shows in the country by Sunshine Artists. Mr. Alan stated he is a downtown guy and this is his favorite venue and noted these merchants need exposure. He stated with regard to the craft shows and the art show they do with the exception of the one that goes over the bridge they are on side streets not on the main street. Mr. Alan stated his event was in Pineapple Grove for approximately thirteen (13) years but it is logistically impossible now. He stated he hopes he has the privilege of remaining for at least another ten (10) years. 6.B.8. Mariorie Ferrer, Executive Director of the Downtown Development Authority (DDA), 85 S.E. 4 Avenue, Delray Beach, FL 33483, responded to a few questions that the Commission had last week. Ms. Ferrer stated the DDA sent out a survey to 644 stores and received 50 responses so far. She briefly reviewed the survey 4 08/20/13 questions and answers of those surveys received so far. 6.B.9. Bruce Gimmy, owner of The Trouser Shop, stated 25 years ago on a Saturday he had business and never stopped the entire day. Mr. Gimmy stated Howard Alan had their show and he decided to open on a Sunday and it was terrific. Mr. Gimmy stated the Howard Alan shows work for him except for the one that is at the tennis center because it is a little too far from where his shop is but the impact is very positive. He stated he is not in favor of closing down Atlantic Avenue anymore because it hurts more than it helps particularly the restaurants. Mr. Gimmy stated Savor the Avenue is a positive event because it showcases the restaurants and noted it is a privilege to be a merchant in Delray Beach for 30 years. 6.B.10. Robin Bird, 1300 Cormorant Road S., Delray Beach, FL 33444, lives at the south end of the canal and the house at the north end is a neighbor of his and they get flown in vegetation. Mr. Bird displayed photos of the Hungerford Canal (Bass Creek) and a photo of his home. He stated they dealt with this issue in the 1990's and the City took a hard stance about what they were going to do with the vegetation on the canal. Mr. Bird stated they have lived like this for seventeen (17) years and some years are worse than others with regard to the vegetation debris. He stated he would like a barrier put in. 6.B.11. Rev Hernandez, 311 Oregon W., Boca Raton, FL (neighbor of Mr. Bird at the end of the Hungerford Canal and C -15 Canal), stated if the barrier is put in it will destroy his view. Mr. Hernandez suggested a control spraying at the beginning of the season since it is only about 3' /z months out of the year. He stated it will be detrimental to the property value and could be a potential danger because many kids use the C -15 canal for waterskiing, tubing, and wake boarding. Mr. Hernandez stated between Grant and I -95 is the widest point and a lot of the skiers use it as a turnaround point. He stated if a barrier is put there it could be dangerous. 6.B.12. Andy Peak, 755 Dotterel Road, Delray Beach, FL 33444, expressed concern over the recent RFP for the beach concession contract and stated there are many people who are annual members who feel they are being left out of this. Mr. Peak suggested that this can be easily rectified by having an addendum clause for some of them into that proposal. 6.B.13. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, congratulated the City Clerk on her award. Secondly, Mr. Warner stated at the Workshop meeting of August 13, 2013, the Commission gave direction to Randal Krejcarek about designing a garage that no one besides Environmental Services has asked for. 6.B.14. Alan Schlosber2, 200 MacFarlane Drive, Delray Beach, FL 33483, stated he previously requested that the Mayor and the Commission reconsider the need for a Comprehensive Traffic Study by FDOT along Atlantic Avenue because of the 5 08/20/13 increased numbers of residential units projected for development within the close proximity to Atlantic Avenue and the bridge including the 198 residential units for The Stroud, plus 146 units for the Uptown project currently being developed and combined with Atlantic Crossing's 372 units in commercial use. There will be approximately 716 residential units and commercial use within close proximity to Atlantic Avenue and the bridge. Mr. Schlosberg stated this will create gridlock and a potentially dangerous situation when an emergency vehicle attempts to get over the bridge to save someone's life and is not able to get through. He stated during a hurricane when the barrier island might have to be evacuated this is potentially a dangerous situation as well. Mr. Schlosberg urged the Commission to reconsider a Comprehensive Traffic Study. 6.B.15. Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444 (has lived in Delray Beach for 10 years), stated his primary means of transportation in the city is a bicycle. Mr. Del Real urged the Commission to add bicycle lanes downtown. Secondly, Mr. Del Real stated he works with a non - profit organization called Auroras Voice and their mission is to continue the work of Gandhi and Martin Luther King and August 28th will mark 50 years that Martin Luther King gave his "I Have a Dream" speech. Mr. Del Real invited the Commission to attend a panel discussion on race and class in Delray Beach is scheduled for Wednesday, August 28, 2013 at St. Paul Missionary Baptist Church, 46 S.W. 10th Avenue, Delray Beach. 6.B.16. Matthew Schneider. 101 S.W. 5th Avenue. Delrav Beach. FL 33444. stated he has spent the better part of his professional career working in the area of Disability Advocacy and also ADA work. Mr. Schneider stated any efforts that are made with respect to the sidewalk issue he would love to be a part of that. Secondly, Mr. Schneider stated he had an opportunity in the last year to work with Doug Smith on a regular basis in his prior position as a contract administrator for the Florida Public Services Union. Mr. Schneider stated he is Senator Sachs Legislative Aide and they are having a Property Insurance Workshop September 12, 2013 at 2:00 p.m. in the Delray Beach Public Library. 6.B.17. Mark Kaye, 7145 Huntington Lane, Delray Beach, FL 33446, stated he was here in June to express his concerns about bike helmet compliance. On June 16, 2013, he received a letter from Mr. Chapman at the request of Mayor Glickstein. Mr. Kaye referenced an article dated August 7, 2013 in the Sun - Sentinel. At this point, Mayor Glickstein stated that one of things at the Town Hall Meeting scheduled for October 17, 2013 is going to be about stressing the importance to parents about the helmets. 6 08/20/13 6.11.18. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), stated Tri -Rail Coastal Link will start service in about 6 or 7 years and they will be going from downtown to downtown. He stated they will be discharging several thousand people every day in Delray. Mr. Smith stated they will be arriving without an automobile and some will arrive with their bicycles. Mr. Smith stated since they will be arriving without a car Delray Beach must have a sidewalk and bike network to accommodate them or they will go to another city that does. He stated some of the passengers will live in Delray. Mr. Smith stated he serves on two Tri -Rail Coastal Link Sub - Committees; the Finance and the Public Relations Committee and he is doing everything he can to make sure that Delray Beach has many shared costs not only for quiet zones but for handling the deficit that will come in operating public transportation. 7. AGENDA APPROVAL. The City Manager requested that Item 8.K., Amendment No. 4 to the Agreement /Sungard Public Sector, Inc. be removed to allow the City Attorney time to review it. Mrs. Petrolia requested that Item 8.11., Acceptance of Buildings, Playground and Parking Space/Palm Beach County Head Start be moved to the Regular Agenda as Item 9.A.A. and Item 8.I., Grant Application /Staffing for Adequate Fire and Emergency Response (SAFER) of the Consent Agenda be moved to Regular Agenda as Item 9.11.11. Mayor Glickstein requested that Item 8.A., Final Subdivision Plat Approval/Linton- Federal Plat be moved to the Regular Agenda as Item 9.C.C., Item 8.11., Hold Harmless Agreement /Atlantic Crossing /Atlantic Avenue be moved to the Regular Agenda as Item 9.D.D., and Item 8.J. Financial Auditing Firm Selection /Caler, Donten, Levine, Porter & Veil be moved to the Regular Agenda as Item 9.E.E. Mrs. Gray moved to approve the Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Consent Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/LINTON- FEDERAL PLAT: Approve a final plat in conjunction with the creation of a two lot commercial subdivision for a new bank/restaurant development to be platted as Linton - Federal Plat, 7 08/20/13 located at the southwest corner of Linton Boulevard and South Federal Highway. 8.B. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING /ATLANTIC AVENUE: Approve a Hold Harmless Agreement with CDS Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and construction to take place between N.E. 6th Avenue and Veterans Park and between Atlantic Avenue and N.E. 1st Street for the development known as Atlantic Crossing. 8.C. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING/ FEDERAL HIGHWAY: Approve a Hold Harmless Agreement with CDS Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and construction to take place within the State right -of -way at Federal Highway (N.E. 6th Avenue) for development known as Atlantic Crossing. 8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) /COASTAL CONTRACTING & DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. 1/Final) in the amount of a $4,176.11 decrease and final payment in the amount of $9,418.39 to Coastal Contracting & Development, Inc. for completion of the Utility Billing Renovations Project. Funding is available from 442- 5178 -536 -62.10 (Water /Sewer Renewal & Replacement Fund /Buildings). 8.E. RESOLUTION NO. 34 -13: Approve Resolution No. 34 -13; for the purpose of refunding the outstanding City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable), determining the need for a negotiated sale of such revenue bonds to TD Bank, N.A. providing for the terms and payment of such Revenue Refunding Bonds, Series 2013 (Taxable) in an amount not to exceed $2,629,000, authorizing the proper officers of the City to do all other things deemed necessary or advisable in connection with the issuance of said Revenue Refunding Bonds; and authorize paying down the Revenue Improvement Bonds, Series 2008 by $371,000 with Series 2008 excess proceeds. The caption of Resolution No. 34 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,629,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE), OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF DELRAY BEACH, FLORIDA REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE) AND PAYING ANY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE) TO 8 08/20/13 TD BANK, N.A. (THE "BANK "); PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE), AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH THE BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE); AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 34 -13 is on file in the City Clerk's office.) 8.F. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2013 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $39,868.00 which will provide funding to support the Holiday Robbery Task Force. 8.G. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation, LLC. for 26 N.W. 11th Avenue in the amount of $33,209.84. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.H. ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING SPACE /PALM BEACH COUNTY HEAD START: Approve acceptance of buildings, playground and parking spaces from Palm Beach County Head Start located at S.W. 6th Street within Catherine Strong Park. 8.I. GRANT APPLICATION /STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER): Approve authorization to submit the Staffing for Adequate Fire and Emergency Response (SAFER) grant application to provide funding for staffing at the Fire Department. 8.J. FINANCIAL AUDITING FIRM SELECTION /CALER, DONTEN, LEVINE, PORTER & VEIL: Approve the firm selection of Caler, Donten, Levine, Porter & Veil for financial auditing services and authorize staff to enter into contract 9 08/20/13 negotiations. 8.K THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.L. AGREEMENT /BANK OF AMERICA, N.A.BANC OF AMERICA MERCHANT SERVICES: Approve an Agreement with Bank of America, N.A., and Banc of America Merchant Services and the City of Delray Beach to continue providing payment (credit/debit card) processing for the City as per the terms of both contracts. 8.M. SPECIAL EVENT REQUEST /19TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 19t Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held October 5 -6, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of NE 4th Avenue from Atlantic Avenue to NE 1st Street and SE 4th Avenue from Atlantic Avenue to SE 1st Street, to utilize the north end of the Hands parking lot for vendor parking; and to provide staff support for traffic control, security and fire inspection services. The event producer is responsible for payment of 100% of applicable City costs plus a 5% administrative fee. 8.N. SPECIAL EVENT REQUEST /SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and supported by the Downtown Development Authority, to be held on March 27, 2014 from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue from 2:00 p.m. until 10:00 p.m.; and SE 3rd Avenue from Atlantic south to the alley and SE 4th Avenue from Atlantic to the alley from noon until 10:00 p.m.; to authorize staff support for traffic control and security, barricading, EMS assistance and Fire inspection, trash boxes, use of two (2) City owned portable generators, a genie -lift, and banner hanging with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 6, 2014. The event sponsor is responsible for 100% of applicable City costs plus a 5% administrative fee. 8.0. SPECIAL EVENT REQUEST/EXTREME VOLLEYBALL PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and supported by the Downtown Marketing Cooperative, to be held on September 21, 2013 from 8:00 a.m. to 6:00 p.m., with setup beginning September 20, 2013 at 5:00 p.m., to grant a waiver to the City Code of Ordinances, Section 101.32, Section 101.32, "Assemblies ", to allow assembly on the beach; to allow use of the Sandoway Parking lot for athlete and spectator parking; and to authorize staff support for lifeguard assistance and traffic control; contingent upon receipt of a turtle permit fourteen (14) days prior to the event and a copy of the temporary liquor license by September 12, 2013. Per the current Special Event Policies and Procedures, the DBMC will pay 50% of applicable costs plus a 5% administrative fee. 10 08/20/13 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 5, 2013 through August 16, 2013. 8.Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Municipal Code Corporation at an annual estimated cost of $140,000.00 to piggyback the current City of Sarasota contract to print and mail utility invoices. Funding is available from 441 - 5112 -536 -34.90 (Water and Sewer Fund: Other Contractual Services) and 441 - 5112 -536 -42.10 (Water and Sewer Fund: Transportation/Postage). 2. Contract award to Stuart Fence Co., Inc. in the amount of $15,700.00 for installing a chain link fence along the north perimeter of the Water Treatment Plant area at the Environmental Services Department Compound. Funding is available from 442- 5178 -536 -63.90 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Other Improvements). 3. Purchase award to Environmental Products of Florida Corporation in the amount of $18,535.00, for new Envirosight Underground Infrastructure Inspection System for the Maintenance Division of the Public Works Department. Funding is available from 448- 5461 -538 -64.90 (Storm Water Utility Fund: Machinery /Equipment/Other Machinery/Equipment). 4. Purchase award to Odyssey Manufacturing, Co., in the amount of $48,010.00 for the Water Treatment Plant Sodium Hypochlorite Storage Tank replacement project. Funding is available from 442- 5178 -536 -64.90 (Water & Sewer Renewal and Replacement Fund: Machinery/Equipment/Other Machinery /Equipment). Mrs. Gray moved to approve the Consent Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING SPACE /PALM BEACH COUNTY HEAD START: Approve acceptance of buildings, playground and parking spaces from Palm Beach County Head Start located at S.W. 6m Street within Catherine Strong Park. Mrs. Petrolia stated she wants to understand what it is going to cost the City going forward in maintaining these buildings that the City is going to be assuming. 11 08/20/13 Tim Simmons, Interim Director of Parks and Recreation, stated staff took the cost that the County had been expending so far. Mr. Simmons stated staff plans to do small education things such as summer camp, winter camp that the City currently has until we can build the programs on them. The City Manager stated the County is returning a piece of property that they rented from the City and there is a time issue on this because the County has a time limit for action on their part. He stated they have a Federal grant to demolish the properties that they have to act on by September 30m. The City Manager stated the City annually rents the building to supplement the existing programs at Catherine Strong; the City rents a portable every year. The City Manager stated the acceptance of these buildings will eliminate that cost and will allow the City to do more things at the Catherine Strong facility. Mrs. Gray thanked Mayor Abrams and the timing of this is perfect. Mrs. Gray moved to accept Item 9.A.A. (formerly Item 8.11.), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.B.B. GRANT APPLICATION /STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER): Approve authorization to submit the Staffing for Adequate Fire and Emergency Response (SAFER) grant application to provide funding for staffing at the Fire Department. Mrs. Petrolia asked what happens after the two years. Danielle Connor, Fire Chief, stated during the 24 -month award period that the City is receiving monies from the SAFER grant from FEMA and the City is required to maintain their operational staffing level. The City Manager stated if the City receives the grant then staff can decide whether or not they want to make that commitment. Ms. Connor stated tonight's consideration is for the application only. Mrs. Gray moved to approve Item 9.B.B. (formerly Item 8.L), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:14 p.m., Mr. Frankel left the meeting. 9.C.C. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING /ATLANTIC AVENUE: Approve a Hold Harmless Agreement with CDS Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and construction to take place between N.E. 6m Avenue and Veterans Park and between Atlantic Avenue and N.E. 1st Street for the development known as 12 08/20/13 Atlantic Crossing 9.D.D. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING/ FEDERAL HIGHWAY: Approve a Hold Harmless Agreement with CDS Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and construction to take place within the State right -of -way at Federal Highway (N.E. 6th Avenue) for development known as Atlantic Crossing. Mayor Glickstein stated he wants to make sure that by doing this the City is not conferring any additional rights to the property owner /developer in connection with the pending project. Mike Covelli stated under a previous abandonment there was a condition that once the alleyways were abandoned that those utilities would be relocated. He stated this is not tied to previous approvals other than the abandonment or pending approvals. Mrs. Gray moved to approve Item 9.C.C. (formerly Item 8.11.) and Item 9.D.D. (formerly Item &C.), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.E.E. FINANCIAL AUDITING FIRM SELECTION /CALER, DONTEN, LEVINE, PORTER & VEIL: Approve the firm selection of Caler, Donten, Levine, Porter & Veil for financial auditing services and authorize staff to enter into contract negotiations. Mayor Glickstein asked why the City went out six years on a contract. David Boyd, Finance Director, stated the City has approximately 50 grants at any one time. Mr. Boyd stated the GASB (Governmental Accounting Standards Board) changes that are coming within the next few years and the reason he asked for a six year term is to get through a specified period of time because things are changing so rapidly now. Mayor Glickstein expressed concern that the RFP is wrong in regards to the term and that the City is locked except for terminating for cause for a six year time period. Mrs. Petrolia commented about the range in the ranking. Mayor Glickstein stated there are inaccuracies in regard to the rankings. The City Manager stated he would recommend leaving it and in the future staff will make sure the RFP has a shorter term. He stated he believes it has gone through the full vetting process as far as selection process. 13 08/20/13 Mayor Glickstein stated he would like to see a more critical management letter in these audits that is critical of City operations and protocols because he feels this is the auditor's role to point out where the City can do better. Mrs. Petrolia moved to accept Item 9.E.E. (formerly Item 8.J.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 11:25 p.m., the Commission moved back to Item 9.11. of the Regular Agenda. 9.11. EARLY RETIREMENT OPTION: Consider approval to open the early retirement window for General Employees. David Boyd, Finance Director, stated the City's ordinance allows the City to offer an early retirement without penalty to employees who are 100% vested and within two (2) years of the earliest normal retirement date. Mr. Boyd stated currently there are 26 General Employees eligible as of October 1st. Staff recommends opening the early retirement window for General Employees as a way to allow accelerated restructuring opportunities within departments. Mr. Boyd stated the last time this was offered was October 2011 and two (2) employees accepted the offer and it came with 12 months subsidized health. Mr. Boyd stated the City of Delray Beach has the DROP Program and those employees who reach their 30 years and are eligible for the DROP Program they will select that option rather than early retirement. However, Mr. Boyd stated the cost to the City is the same. He stated the City is doing this to allow for an accelerated restructuring opportunity if that becomes available by offering this. The City Manager stated depending on how it works staff may look at incentives down the road but with regard to this item the City is asking for employees to make a choice on an unsubsidized basis. Mayor Glickstein stated it is another indirect benefit of merit based raises if people feel they are topped out not because of the job description, but because of performance evaluations it may encourage people to move in that direction. Mrs. Petrolia moved to approve the early retirement option, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY FESTIVAL: Consider approval of a special event request for the St. Patrick's Day Festival on March 14, 2014, from 5:00 p.m. to 10:00 p.m. and March 15, 2014 from 11:00 a.m. to 7:00 p.m., on the grounds of Delray Beach Center for the Arts; approve staff support for security, EMS assistance and Fire Inspection services, and stage rental; contingent upon the conditions listed in the staff report. The event sponsor will be 14 08/20/13 required to pay 100% of all applicable City costs plus a 5% administrative fee. Robert A. Barcinski, Assistant City Manager, stated this item is for the St. Patrick's Day Festival proposed to be held on March 14, 2014 on the front grounds of Old School Square. The event producer is Delray Arts, Inc. from 11:00 a.m. to 7:00 p.m. Staff feels the need for Police and Fire to be at the event and the total estimated cost of overtime is $3,255. Staff recommends approval with the standards conditions that the City receives the event liability and alcohol liability insurance, the rental agreement, and the temporary license. Mayor Glickstein inquired if the City has done this festival at this location. Mr. Barcinski stated this festival has been done for four (4) years at this location. Mrs. Gray moved to approve the Special Event Request for the St. Patrick's Day Festival on March 14, 2014 from 5:00 p.m. to 10:00 p.m. and March 15, 2014 from 11:00 a.m. to 7:00 p.m. at Delray Beach Center for the Arts at Old School Square, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.D. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY PARADE: Consider approval of a special event request for the St. Patrick's Day Parade to be held on March 15, 2014, from 2:00 p.m. to 4:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from A -1 -A to NW 5th Avenue for the parade and Atlantic from A -1 -A to the bridge with overflow on East Drive to Lowry Street and Gleason if needed for staging of parade entries and the closure of Atlantic Avenue from NE /SE 5th Avenue to Swinton until 6:00 p.m.; approve staff support for traffic control and security, barricading, EMS assistance, signage, use of the small stage and allow event signage to be put up on March 1, 2014; contingent upon the conditions of approval listed in the staff report. The event sponsor will be required to pay 100% of applicable City costs plus a 5% administrative fee. Robert A. Barcinski, Assistant City Manager, stated this is a 46th Annual Parade to be held on March 15, 2014 from 2:00 to 4:00 p.m. with setup starting at 11:30 a.m. for the use of Atlantic Avenue from A -1 -A to NW 5th Avenue for the parade and Atlantic Avenue from A -1 -A to the bridge with overflow on East Drive to Lowry Street and Gleason. The event sponsor is requesting to approve staff support for traffic control and security, barricading EMS assistance, use of the small stage, and signage. Mr. Barcinski stated even though the City Manager has the authority to waive the consumption of alcohol in public which the City has allowed on the parade route during the two hours of the parade, staff recommends that the City not do that. Mr. Barcinski stated staff they are recommending this year for safety reasons especially children and the route in the narrowest part on the west side of 5th Avenue up to S.W. 2nd be lined with barricades to keep people from getting into the street. He stated the event sponsor is also requesting that a section of Atlantic be closed longer from 5th Avenue to Swinton Avenue until 7:00 p.m. but staff recommends that they not go past 6:00 p.m. because it takes Police about an hour to get people out of the way to open the street. Staff also 15 08/20/13 recommends that 15 port-a -lets be installed. Mr. Barcinski stated the total estimated overtime cost for the event is $31,273. Staff recommends approval subject to the conditions. Mayor Glickstein stated he feels because the City is not waiving the restrictions on alcohol, there may be the need for more police. Mr. Barcinski stated that has been factored in. Bern Ryan, Delray Beach Arts, Inc., stated they are turning the parade over to the event sponsor Code 3 Events, Inc. and Delray Beach Arts have been very actively involved in the safety issues in dealing with some of the concerns both from the community and City staff Mr. Ryan stated they are going to be utilizing social media to get the word out to people that alcohol consumption is not going to be allowed on the street. Mayor Glickstein stated from a safety standpoint he requested that there be education to the participants that nothing is to be thrown from the trucks. At this point, Mr. Frankel left the meeting. Mr. Jacquet moved to approve the St. Patrick's Day Parade to be held on March 15, 2014 from 2:00 p.m. to 4:00 p.m., subject to the conditions as stated by Mr. Barcinski, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. Mayor Glickstein commented about branding in terms of t -shirt sales and stated between the Police and Fire Department on their own time before, during, and after the parade they could be selling things that go back to the department as Delray Beach is the host city. Mr. Ryan stated they sell thousands of t -shirts each year. 9.E. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and one (1) alternate member to the Board of Adjustment to serve two (2) years terms ending August 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5). Mr. Frankel's appointment has been deferred to the next regular meeting of September 3, 2013. Mrs. Gray moved to reappoint Harvey Starin as a regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 16 08/20/13 Mayor Glickstein moved to reappoint Michael Park as an alternate member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to serve two (2) year terms ending August 31, 2015 and one (1) regular member to serve an unexpired term ending August 31, 2014 to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mrs. Petrolia moved to appoint John Miller as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2015, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. Mr. Jacquet stated he would like to defer his appointment to the next regular meeting of September 3, 2013. Mr. Frankel's appointment will be deferred to the next regular meeting of September 3, 2013. Mrs. Gray moved to reappoint Sam Spear as a regular member to serve an unexpired term ending August 31, 2014, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint three (3) regular members to the Planning & Zoning Board to serve two (2) year terms ending August 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mrs. Petrolia moved to appoint Christopher Davey as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2015, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mr. Jacquet moved to appoint Jodana Jarjura as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said 17 08/20/13 motion passed with a 4 to 0 vote. Mr. Frankel's appointment has been deferred to the next regular meeting of September 3, 2013. 9.H. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint two (2) regular members to serve two (2) year terms ending August 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mr. Jacquet moved to appoint James Chard as a regular member to serve a two (2) year term ending August 31, 2015 , Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel's appointment has been deferred to the next regular meeting of September 3, 2013. At this point, the time being 7:39 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2014 Proposed Budget at this time. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, does not support the 5% increase in staff pay before he has done any evaluation of departmental or employee performance. Mr. Blum feels that raises should be given after evaluations not before and only when justified. He stated staff received a 3% raise for this year costing the City $340,000. Mr. Blum stated in this year of new leadership this year's budget should stand well above those of the past as the hallmark of an efficiently run city. He urged the Commission to direct the City Manager to step up to the job immediately or step down. Mr. Blum feels the City Manager's request is unjustified. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated many people will be paying more tax dollars if this proposed rate holds and urged the Commission to lower the proposed millage rate. Cindi Freeburn, 371 E. Mallory Circle, Delray Beach, FL 33483, stated having spent her entire career in the private sector she urged the Commission to make an effort to run the City more like a private sector business. Ms. Freeburn stated 18 08/20/13 every position that she has held with three different companies they have had performance reviews based on far more than a pass /fail system. She strongly urges to not give across the board raises of 5% to city staff and that the City implement a system that is more equitable with what businesses do which be either a 4 or 5 point system or an A -F type system where you set a budget of 3% so if you would like to give someone a 4% increase then you offset that with someone who gets a 2% increase. She stated the City could operate more efficiently if things were run more like a business. Ms. Freeburn suggested that the City shift resources from across the board raises and put them into infrastructure improvements. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated General Employees received a 3% raise in December after over five years of getting nothing. Dr. Kirson stated General Employees are being offered a 5% increase; 3% pay raise and 2% bonus and feels that employees deserve every dollar. He stated Police and Fire are about 10% behind in pay over the last 4 -5 years. Dr. Kirson stated Delray Beach is last out of five cities in pay for Police and Fire and feels employees are leaving because of this. Mrs. Gray asked the City Manager to elaborate about the proposed 5% increase. The City Manager stated although the budget increased over the last several years, staff across the board had been several years without pay increases. The City Manager stated the salary base is actually going to be increased by 3% because 3% will be a vested increase and 2% will be awarded to employees as a one -time bonus. The City Manager stated he does not believe the City has gone through the exercise of right- sizing the City of Delray's organization and believes this has to be done. Mrs. Petrolia stated she cannot make a comparison to the market when she has never seen any comparison given to her to know what one city gets as far as city workers to another city so it is hard for her to determine whether or not a pay raise is something that the City needs to be doing at this point. Mrs. Petrolia read a brief statement into the record. Mrs. Petrolia suggested that the City immediately change its system of evaluating employees, set aside provisions for an increase to only those employees that exhibit exemplary service following which the Commission agrees to pass a resolution and compensate those outstanding employees with merit pay increases. She suggested that the City be conservative and to take the opportunity to right -size the departments now before spending tax dollars on pay increases. Mrs. Petrolia suggested that the City considering selling the garages (the part of it above; not the retail below). She commented about the huge drop in the debt service and would like to discuss this in further detail at a future meeting. Mrs. Petrolia commented about the department recommendations and the manager's recommendations. Mr. Jacquet stated if this is a transitional budget year everyone has to be mindful of how and what raises the City is giving out and where the City is spending its money. Mr. Jacquet suggested that the first thing that needs to be done in this transitional period is find a system to evaluate the staff to figure out who deserves it and who does 19 08/20/13 not and then go ahead and implement it. He stated as in any corporation or business some people get increases and some do not. Mrs. Gray inquired about the system that was previously used to evaluate employees for their performance. The City Manager stated previously the City had a system in place of doing performance appraisals and it was largely abandoned over the last four years because there were no raises being given. The City Manager reiterated that the system exists but it has just not been functional for the last four years. Mrs. Gray commented about the lawsuit with Waste Management and asked if there is a budget for this. The City Attorney stated the City has a budget for outside counsel fees and that amount is $195,000 for the upcoming fiscal year; in previous years it had been $200,000; the last Commission cut it down to $100,000. Mayor Glickstein recommended that there be a special meeting regarding the budget. Mayor Glickstein stated he would like to see the department heads be empowered to be more entrepreneurial to evaluate their staff and reward the ones that deserve it and get rid of the ones that are not performing and for the ones that are on the bubble they have the message of the other two extremes. Mayor Glickstein stated it would be helpful to the Commission to better understand how the City Manager is arriving at the conclusion that the employees are undercompensated. Mayor Glickstein stated if the conclusion is that the employees are undercompensated he is not suggesting that the budget be modified but that those raises are held in advance until those merit reviews are performed. He stated he does not believe there is any contingency built into this budget which has been a goal of the Commission. Mayor Glickstein stated he would like more work done before next week in terms of how the Commission can fairly treat the employees in a way that rewards the people that have performed recognizing as a whole those that have not been compensated fairly but do it in a way that speaks to the best practices of private employment. Mayor Glickstein asked if the City still has departmental budget packages that are done. Mayor Glickstein stated as the City moves into the next budget cycle that these departmental budget packages be part of public disclosure but Commission disclosure. Mayor Glickstein stated 100% of the City's tax revenue goes to pay the budgets of Police and Fire and feels it is a non - sustainable formula to think that the City can continue to pay everything out of revenue categories such as forfeitures, interlocal services, etc. He stated it is premature to discuss assets such as the garages because there is not a parking strategy that would tie revenue to the cost of operating that yet; however, assets such as the tennis center and the cemetery are costing the City a lot of money and this needs to be addressed. 20 08/20/13 The City Manager stated the City Attorney's budget is recommended at $165,000 and his current budget is $100,000. Mrs. Gray asked if there are any other ideas regarding any new fees as a source of revenue. The City Manager stated staff will look at parking as a source of revenue and other recommendations down the road. 10.B. ORDINANCE NO. 12 -13: Consider a city- initiated amendment to Land Development Regulations (LDR) Section 4.6.9(13)(3)(c), "Parking Lot Stacking Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when there are multiple access points. The caption of Ordinance No. 12 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12 -13 is on file in the City Clerk's office.) At this point, the time being 8:21 p.m., Mayor Glickstein stepped down from the dais and passed the gavel to Vice Mayor Jacquet. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is an LDR amendment to the stacking distance; the current regulations require a 50 foot before you meet a parking space and staff proposes that if you have two or more access points that it be reduced to 20 feet. At its meeting of June 17, 2013, the Planning and Zoning Board recommended approval with a 3 to 1 vote, (Thuy Shutt dissenting). 21 08/20/13 Vice Mayor Jacquet declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 12 -13, the public hearing was closed. At this point, Mayor Glickstein returned to the dais. Mr. Jacquet asked why staff made it two instead of three access points. Mr. Dorling stated in the past whenever there has been multiple access points two or more waivers have been granted. Mr. Jacquet stated if there is a big parking lot such as a Walmart and as long as it has two access points will that automatically give it the 20 foot instead of 50. Mr. Dorling stated it would require provisions of traffic numbers that would justify that and staff always has the ability to access that and require more. Mrs. Gray moved to adopt Ordinance No. 12 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.C. ORDINANCE NO. 13 -13: Consider a city- initiated amendment to Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection (D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ", to provide for bus shelters; enacting a new Section 6.1.14, "Transit ", to provide for bus shelters. The caption of Ordinance No. 13 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3 "SUBMISSION REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY ENGINEERING PLANS" AND SUBSECTION (F) "FINAL ENGINEERING PLANS" TO PROVIDE FOR BUS SHELTERS; ENACTING A NEW SECTION 6.1.14 "TRANSIT" TO PROVIDE CRITERIA ASSOCIATED WITH TRANSIT STOPS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 22 08/20/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment that addresses bus shelters and addresses financial contributions towards the installation of either full bus stations or a combination of one -half a bus station and related improvements. Mr. Dorling stated this is identified in the Comprehensive Plan but it is not codified in the LDRs so this amendment achieves that. At its meeting of June 17, 2013, the Planning and Zoning Board recommended approval with a 4 to 0 vote. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13 -13, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 13 -13 on Second and FINAL Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 14 -13: Consider an amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". The caption of Ordinance No. 14 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.02, "DEFINITIONS" TO ADD THE DEFINITION "AIRCRAFT" AND REMOVE DEFINITIONS "COMMERCIAL AREA ", "INDUSTRIAL AREA" AND "OFFENSE "; AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME, TO AMEND DISTANCE AND TIME REQUIREMENTS, AND TO ADD PROVISION FOR AIRCRAFT; AMENDING SECTION 99.04 EXEMPTIONS" TO CLARIFY SAME; AMENDING SECTION 99.05 "TEMPORARY PERMITS" TO CLARIFY SAME; REPEALING SECTION 99.06 "NOTICE OF VIOLATION "; REPEALING SECTION 99.07 "ABATEMENT ORDERS "; AND AMENDING SECTION 99.08 "PENALTY" TO CLARIFY SAME AND 23 08/20/13 TO ADD PENALTIES; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Janice Rustin, Assistant City Attorney, stated on first reading of the ordinance the Commission gave direction to make the following changes: increase the penalties Section 99.08, Section (b)(3), (4) and (5) have been amended so that if an offender comes before the Code Enforcement Board for the third time within the preceding 12 months, a maximum fine of $5,000 may be imposed and the City Manager has the authority to impose conditions on their business tax that will limit their ability to play music on that area of the premises where the noise violation originated. Ms. Rustin stated for the fourth time the maximum fine increases to $10,000 with business tax conditions and for the 5m violation within a year that fine increases to $15,000 with business tax conditions. Mr. Jacquet asked if there will still be a warning. Ms. Rustin stated the police issue a warning then after that the police can issue a civil citation for $250 and for a repeat offender it can go up to $500. Ms. Rustin stated the second avenue to enforce is a Notice of Violation and that is put before the Code Enforcement Board and the first fine is $250; the second fine is $500; and the third appearance before the Code Enforcement Board within a year is $5,000. Mr. Jacquet asked if someone appears before the Code Enforcement Board can they dispute it before any amount is assessed. Ms. Rustin stated it is a hearing and it is up the discretion of the Code Enforcement Board to set the fine. Mrs. Petrolia asked who keeps track of how many times a business has been cited. Lula Butler, Director of Community Improvement, stated all the violations are automated so the system tracks each time there is a Code violation and the number of times it goes to the Code Enforcement Board so there is a history on each property. In addition, Mrs. Butler stated staff tracks the civil violation notices as well. Mayor Glickstein asked for further explanation of the process. The City Attorney stated in order to get in front of the Code Enforcement Board it is a much longer process as far as finding guilt because under the civil citation system the police officer or code officer can issue a ticket and determine someone is guilty. The City Attorney stated there is nothing to stop that in this process that on the first go around if there is a Code Enforcement officer gives them a warning first and then gives them a Notice of Violation because by State Statute under the Code Enforcement process the first violation under the Code Enforcement Board process cannot exceed $250. 24 08/20/13 The Clean and Safe Sergeant briefly spoke about this issue and stated the biggest challenge will be the consistency of how the police officers approach this. He stated with regard to tracking it should not be an issue because of the OSSI System and the CADD System the information is put in correctly. For example, if someone was cited two weeks ago and go back tonight he should know in that system that you were previously cited. He stated there are going to be the victims /complainers, establishments who are causing the problems, and the enforcers that will all have to be on the same page and make sure everyone is in the same understanding to get through this. He stated there are detail officers at various establishments and it is the responsibility of that detail officer to enforce whatever law may be violated there. He stated he has never had an issue with a higher chain of command not doing the job. Mr. Jacquet asked if that will be the detail officer's responsibility to measure that 100 foot or will it be the enforcement officer on duty that will come by and measure it. The Clean and Safe Sergeant explained that if there is a complaint the detail officer informs the on -duty officer and it will be the responsibility of the on -duty officer to issue that citation. Mayor Glickstein confirmed that the 100 feet is determined by the Code Enforcement Officer which would be the on -duty officer not the detail officer. Mrs. Petrolia stated if it gets to the point where it is at Code level is the person who brought the complaint available to be there as well. Mr. Rustin stated there is a hearing and the offender would be present and there would be a public hearing so at that time the person who lodged the complaint could come and talk and the Board would make a decision on all their findings. Mayor Glickstein declared the public hearing. Nick Nicholas, 501 S. Ocean Boulevard, Delray Beach, FL 33483 (owner of Johnnie Brown's), asked if noise is offensive at 100 feet or is it noise that you can hear someone's conversation from 100 feet. Mr. Nicholas stated he does not feel that someone who files a complaint should remain anonymous. He stated when he purchased this property he did not know it would ever be a problem that they could not have bands playing there. Mr. Nicholas stated a year ago when he realized the noise ordinance was becoming an issue they stopped playing and spent thousands of dollars to turn their stage and face it into the building and all the speakers as well in trying to comply as best as they could being an outdoor venue. He stated Johnnie Brown's is at the epicenter of the noise being right at the railroad tracks and stated there is all kinds of noise that is being generated in that area. Mr. Nicholas stated whoever wrote the Statute wisely determined that there should maybe be an exception for the downtown business district defined as Federal Highway to Swinton Avenue on Atlantic Avenue. He stated they gave an extra hour to the downtown business district and instead of 11:00 p.m. during the week it was 12:00 midnight and instead of 12:00 midnight on the weekends it was 1:00 a.m. and he feels this was a good compromise. Mr. Nicholas stated it is either going to cost the businesses thousands of dollars or it is going to put places out of business. 25 08/20/13 Ron Nolan, 417 N.E. 7th Avenue #4, Delray Beach, FL 33483, represents approximately 70 paragliders that operates on the south end of the beach and stated it is his understanding that some change in this ordinance was intended to address complaints regarding noise. Mr. Nolan asked how this would be applied to them and stated he is very interested in working with the city in preserving the privilege they have there. Jean Duponte, expressed concern that the fines are exurbanite and very stringent but this does not give her comfort as a homeowner that lives close to a commercial bar. Ms. Duponte stated she does not see how this ordinance can be enforced if it has no measurable or quantitative ways of measuring by an audible distance. She stated if the City wants to protect residents and visitors from unreasonable loud and excessive sound for all times then she feels the City should have an objective distant measurement at all times. Ms. Duponte stated the noise ordinance needs to be objective and measureable so everyone will understand that when the police come out they know it is a certain distance that they can audibly hear and that everyone is on the same page. Joanne Peart, 107 N.W. 9th Street, Delray Beach, FL 33444, expressed concern how this is going to be measured without any specifics. She stated the City has done a wonderful job with its downtown; however, looking at places such as City Place, Clematis, and Riverswalk that have become a bar town with lots of loud music people who used to enjoy walking, eating dinner, and having a leisurely stroll quit going and these places died. She urged the Commission to be careful to hit a happy balance. There being no one else from the public who wished to address the Commission regarding Ordinance No. 14 -13, the public hearing was closed. Ms. Rustin stated she spoke to Mr. Nolan about his concern and thanked him for coming in and noted he is a responsible paraglider. Ms. Rustin made reference to Section 99.03(A)(1)(15) of the ordinance and stated it applies to paragliders because staff has added language in it is under "Certain Acts Declared Unlawful" "Operating an aircraft over the corporate limits of the City that is not equipped with an adequate muffler ordinary for any such aircraft. Said muffler must be used in constant operation so as to prevent any excessive or unnecessary noise." Mr. Frankel stated the public outreach has been there and believes the DDA and the City Attorney staff has done a great job. Mr. Frankel stated he agrees with the majority of this if not most of what is before the Commission. He stated it worked in Miami Beach which he considers a more active town. Mr. Frankel stated for the Downtown Business District he would prefer Monday- Thursday 12:00 p.m. and Friday and Saturday 1:00 a.m. that was previously discussed. Mrs. Gray stated she has received calls from business owners about noise extending beyond 1:00 a.m. on the weekend nights. Mrs. Gray stated she would reconsider extending the time to 1:00 a.m. 26 08/20/13 Mrs. Petrolia stated she would not consider extending the time to 1:00 a.m. and believes that the noise ordinance is to protect the people who are living here and many of these residents have been here long before the businesses. Mrs. Petrolia stated it is the City's duty to make sure the residents' lifestyle does not get changed to the point where they want to move. She feels 11:00 p.m. and 12:00 midnight is fair times and feels that anything beyond that is asking for trouble. Mrs. Petrolia stated many of the residents have been living here for 30 years and they have to tolerate the changes that are happening as the town changes. Mrs. Petrolia reiterated she feels it is the City's job and duty to protect the residents as well as allow businesses to continue. Mr. Jacquet agrees that the residents have a certain expectation and feels that we should protect that. He stated the City has had meetings with restaurateurs and residents. Mr. Jacquet confirmed with Janice Rustin, Assistant City Attorney, that there is a difference from the central core downtown from Federal to Swinton Avenue which is treated differently than east of Federal Highway towards the beach and west where there are more single family residential. Mr. Jacquet stated the City has an ordinance where unreasonable noise will not be tolerated and that is all the time. However, he stated this is addressing the distance requirement 24/7. Mr. Jacquet stated if there was a 100 foot requirement for any time of day at all times no bars or restaurants would really be in operation the way we know it now. Mr. Jacquet stated he has spoken to a number of businesses and they indicated that the bulk of their money is made Friday and Saturday. From a business standpoint, Mr. Jacquet stated he does not feel it prudent to proceed in that manner and feels the City has something very good right now to work with. Mr. Jacquet stated the Police Department has indicated that enforcement will be a learning curve but there will be no problem working with Code Enforcement. Mr. Jacquet proposed to extend the time to 1:00 a.m. in order to help protect the businesses as well as the residents. Mayor Glickstein stated the City has changed significantly and with that the growing pains of a lot of things that we are experiencing noise being one of them. Mayor Glickstein stated he has an issue with linking loud outdoor music in the downtown beyond midnight with the success of the town. Mayor Glickstein stated he is comfortable with the standard for the downtown core and in expressing that standard before there was discussion about a "look back period" where the Police Department can pinpoint the problems and come back to the Commission with those. Mayor Glickstein stated he believes it is the wrong measure for the downtown to ascribe the success of the downtown to things that are happening after 11:00 p.m. at night. He stated he would like to see a ratcheting back of the area of the times east of US -1. The City Attorney suggested that language be inserted into Section 99.03(A)(1)(a)(i) of the ordinance to state "The operation of any such set, instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 1:00 a.m. to 7:00 a.m. Saturday morning in the downtown core area." It was the consensus of the Commission (3 to 2) to support the amended language. 27 08/20/13 Mr. Frankel proposed moving everything up an hour for every day in the downtown core area. Mr. Jacquet confirmed that it would 12:00 midnight for all the weekdays and 1:00 a.m. for the weekend in the downtown core only (Federal Highway to Swinton Avenue). It was the consensus of the Commission (3 to 2) to support the amended language. Mayor Glickstein suggested that it be for the area east of northbound US -1 and 10:00 p.m. weekdays and 11:00 p.m. Friday and Saturday. It was the consensus of the Commission to support the time of 11:00 p.m. (time remains the same). Mayor Glickstein confirmed that the time is being extended one (1) hour more in the commercial core for every day of the week including weekends. Prior to the vote, Mayor Glickstein gave direction to staff that six (6) months from today this be brought back to the Commission for evaluation. Mr. Frankel moved to adopt Ordinance No. 14 -13 on Second and FINAL Reading as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — No. Said motion passed with a 3 to 2 vote, Commissioner Petrolia and Mayor Glickstein dissenting. 10.E. ORDINANCE NO. 16 -13: Consider an amendment to Chapter 110, "Local Business Taxes Generally ", of the Code of Ordinances, by enacting Section 110.17, "Conditions; Notification; Hearing ", to allow the City to impose conditions on a business tax receipt for repeated noise violations. office.) The caption of Ordinance No. 16 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 110.17 "CONDITIONS; NOTIFICATION; HEARING' TO ALLOW THE CITY TO IMPOSE CONDITIONS ON A BUSINESS TAX RECEIPT FOR REPEATED NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16 -13 is on file in the City Clerk's 28 08/20/13 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Janice Rustin, Assistant City Attorney, stated this ordinance gives the City Manager authority to impose conditions on businesses business tax receipts and it was changed on second reading to allow the conditions to be imposed at the third time a violator appears before the Code Board. Mr. Jacquet inquired about the two track system and asked if five or more violations in total or per track. In response, Ms. Rustin stated it is on the Code Enforcement track. Ms. Rustin stated someone can get three civil citations and the third code violation there is a finding of guilt before the Code Board and that is when the business tax conditions could be imposed. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16 -13, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 16 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 15 -13: Consider an amendment to Chapter 101, "Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain aircraft flying over the City. office.) The caption of Ordinance No. 15 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL SITES ", SECTION 101.24, "TRAFFIC REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE ALTITUDE RESTRICTIONS FOR CERTAIN AIRCRAFT FLYING OVER THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15 -13 is on file in the City Clerk's 29 08/20/13 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Janice Rustin, Assistant City Attorney, stated the changes to this ordinance were drafted to increase the altitude at which power paragliders fly above the city to comply with FAA regulations. Ms. Rustin stated initially it was 300 feet over the corporate limits of the city and the ocean and staffs have since found out that the altitude with sections over the corporate limits of the city is actually 500 feet. She stated it makes the power of the paragliders fly a little higher and they become into the jurisdiction of the FAA and they are subject to FAA regulations. Ms. Rustin stated over the ocean the paragliders are allowed to go 300 feet. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 15 -13, the public hearing was closed. Mr. Jacquet moved to adopt Ordinance No. 15 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. The caption of Ordinance No. 17 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32 "DEPARTMENTS, BOARDS AND COMMISSIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.08(E), "LENGTH OF TERMS; RESTRICTIONS ", FOR THE PURPOSE OF REMOVING REFERENCE TO THE NEIGHBORHOOD ADVISORY COUNCIL; REPEALING SECTIONS 32.45, "ESTABLISHMENT "; 32.46, "COMPOSITION; APPOINTMENT; TERMS "; 32.47, "ORGANIZATION "; 32.48, "QUALIFICATIONS OF MEMBERS ", 32.49, "DUTIES AND RESPONSIBILITIES ", 32.50, "MEETINGS ", IN THEIR 30 08/20/13 ENTIRETY; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. Gail Lee McDermott. 721 S.E. 3rd Avenue. Delrav Beach. FL 33483. read a brief statement into the record regard the Neighborhood Advisory Council (NAC) and stated NAC could not make quorum for too many meetings. Ms. McDermott thanked the City Commission for her appointment to NAC. Bob Schwartz. 555 S.E. 6th Avenue #1 -G. Delrav Beach. FL 33483. suggested that NAC be replaced by NICE (Neighborhoods Inspiring Community Empowerment) which has a process which does not stop until it gets the feedback. Mr. Schwartz urged the Commission to accept and address. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 17 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:28 p.m., it was the consensus of the Commission to move back to Item 9.A. of the Regular Agenda. 9.A. CONDITIONAL USE REQUEST /ST. GEORGE: Consider approval of a conditional use request to allow a free - standing multiple family housing development within the GC (General Commercial) and RM (Medium Density Residential) zoning districts for St. George, a proposed 38 -unit townhouse development located at 1023 North Federal Highway. (QUASI - JUDICIAL HEARING) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who wished to give testimony on this item. 31 08/20/13 Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with the developer, the applicant, the attorney for the applicant, and Evan Axelbank from News Channel 5. Mrs. Gray stated she spoke to the applicant and their attorney, and the developer. Mrs. Petrolia stated she spoke with Mr. Gomez, Mr. Rodriguez, and Mr. Handler. Mr. Jacquet stated he spoke to the applicant and the applicant's team. Mayor Glickstein stated he had no ex parte communications to disclose. Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -158 into the record. Mr. Dorling stated this is a conditional use request for the St. George development to allow for a free - standing multi - family development in the GC (General Commercial) zoning district located on the east side of Federal Highway. Mr. Dorling stated the combined property is 3.19 acres in the North Federal Highway area. He stated there is an existing commercial structure on it that will be demolished and a 38 unit multi - family development is proposed. At its meeting of July 15, 2013, the Planning and Zoning Board recommended approval of a development proposal for the multiple family development. The Planning and Zoning staff recommended approval of this proposal subject to the proposed driveway connection to N.E. 7th Avenue being eliminated. The Board had a significant discussion about it and many people who will speak tonight have similar issues with that connection. Mr. Dorling stated this property was previously approved for a similar townhouse development. Staff recommended that the driveway connection be eliminated to avoid this development providing traffic onto 7th Avenue and not allowing traffic from the neighborhood to go through the neighborhood and access Federal Highway. After significant discussion, the Planning and Zoning Board agreed to provide clickers to the neighborhood to the south so that they could enjoy the additional access to Federal Highway to offset some of the impact of these new residents having access to 10th. Mr. Dorling stated the applicant had agreed to do some street landscape and water service improvements and these are attached as conditions #8, 9, and 10 if the Commission decides to move forward with the project. He stated there was an alternative that was provided after the consideration by the Planning and Zoning Board that limited access to "out only" and a lane northbound for bikes and golf carts. Mr. Dorling stated staff received notice from the developer that they wanted to go back to their original plan. He stated at the Planning and Zoning Board meeting there was an agreement that it be control armed and it would allow an out an in for this community as well as the residents on 7th Avenue. Mayor Glickstein asked if the plan has mutual access to 7th Avenue. Mr. Dorling stated this plan is inclusive of 7th Avenue. Mayor Glickstein asked if there is any impediment to the vehicular traffic in or out of the project so 7th Avenue will continue and connect to Southbound Federal Highway. Mr. Dorling explained that the residents who live on 7th Avenue and residents who live in the new community would have a clicker and would have a way to get through the gate to come and go. Mr. Dorling stated 32 08/20/13 staff suggested they either go back to the proposal that has joint access or eliminate this access altogether. He stated conditions #9 & #10 relate to the additional improvements that the developer has offered to people along 7th Avenue. Mrs. Gray asked if she were to accidentally turn down that street how would she get out. Mr. Dorling stated a 3 -point turn would have to be made to get out. Henry Handler, Weiss, Handler & Cornwell, P.A., One Boca Place, 2255 Glades Road #218 -A, Boca Raton, FL 33431 (Attorney representing the applicants KH Sandcastles, LLC), entered a petition into the record signed by 27 residents supporting the application. In addition, Mr. Handler stated Mr. Abraham (who is out of the country) spoke in favor of the project before the Planning and Zoning Board and requested that his letter be accepted in support of the project. Richard Jones, Richard Jones Architect, Inc. gave a brief PowerPoint presentation regarding the project. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use, to please come forward at this time. Jack Rice, Attorney with Legal Aid Society of Palm Beach County, --- - - - - -- TT- -_ - - -- n77 AT nth 't - - - - - - -- i1 - -- ----- - - - -- -I - - -- -mil -- - I - - -- read a brief statement into the record. Kelly Eastman, 1010 N.E. 8th Avenue, Delray Beach, FL (Martel Arms Condomimium; resident for 17 years), strongly in favor of the project and the gated owners' only entrance and residents entrance on 7th Avenue. Ms. Eastman stated the outcome of not allowing this connection would be an immediate increase in the cut - through traffic with none of the protections or improvements that are being offered to the people on 7th Avenue. She feels these negative impacts would impact a much larger number of citizens of Delray and urged the Commission to make a decision that is best for the largest number of its residents many of whom are children, elderly, and disabled. Steve Bollinger, 1010 N.E. 8th Avenue #16, Delray Beach, FL 33483, stated he is in favor of opening up 7h Mr. Bollinger stated cars and trucks go up and down 8th Avenue at 35/40 mph and St. Vincent's Catholic Church is on the corner so everyone comes up 8th Avenue and goes out Bond Way. He stated if there is only access from US -1 to Bond Way and come down 8th Avenue it will triple the traffic. Mr. Bollinger stated 9th Avenue used to be a dead end at Denery Lane; this dead end was opened up five years ago to give access to five condominiums on Palm Trail. He stated there was no heavy impact to them and feels there should not be any impact on 7th Avenue. Tom Russell, 909 N.E. 7th Avenue, Delray Beach, FL 33483 (lives 50 feet from the gate of St. George), stated the petition that the Commission received 33 08/20/13 earlier does not have one signature from anyone who lives on 7th Avenue. Mr. Russell stated there are 21 possible signatures; 18 have signed the petition expressing strong objections to opening up 7th Avenue and the automatic gate. He read a brief statement into the record and urged the Commission to not open 7th Avenue (dead end). Carmen Ann Sanchez, 911 N.E. 7th Avenue, Delray Beach, FL 33483 (lives adiacent to the dead end barrier), stated she was informed that the dead end could never open because the huge 30 foot six (6) fiscus trees and a pine tree growing behind it controls water when it rains because the street floods. Ms. Sanchez stated she would not have purchased here over the few places they were shown if it did not indicate that Mr. Hyman was going to be safe there for the remainder of his life. She asked where the runoff is going to go from the rain if these trees are removed and asked why the City would endanger Mr. Hyman. Jim Hazelwood, 803 N.E. 7th Avenue, Delray Beach, FL 33483, lives and owns four (4) properties on 7 1h Avenue (resident for 18 years), stated he purchase multiple properties to try and clean up the blighted neighborhood. Mr. Hazelwood stated he did not sign the petition or the developer's petition because there are too many variables as to the traffic coming out. He suggested that the exit only might be a way to lessen the traffic but that has been pulled off the table because he did not sign the petition and was unable to galvanize the neighborhood to support the project. Mr. Hazelwood stated traffic is going to be a problem for this small street. He stated he could support the project if it were exit only. He stated the Sail Inn has eight (8) parking spots that back out directly onto the street and another ten (10) parking spots further down that back out and feels there is going to be a lot of problems with the traffic. With regard to egress and ingress, Mr. Hazelwood stated everyone wants to come south out of this project and nobody wants to come north; 75% of the traffic from this project is going to come down 7th Avenue to George Bush. Mr. Hazelwood stated he wants the landscaping, sidewalks, lighting, and the improvements that the developers promised. Mr. Handler stated he had no cross - examination of any of the witnesses; however, he introduced the Traffic Engineer who addressed specific traffic counts. John M. Donaldson, Traffic Engineer with JMD Engineering, 12773 Forest Hill Boulevard #1207, Wellington, FL 33414, briefly explained the traffic that will be generated from this project. Mr. Dorling had no cross examination or rebuttal. Mayor Glickstein asked for clarification with regard to condition #8 of "either or" that the street connection for N.E. 2nd Avenue be eliminated or cross access provided and asked whether it originated from staff, Planning and Zoning, or both. Mr. Dorling stated staff's original recommendation was for the elimination. At that point, the cross access was not on the table because it had not been offered by the applicant; the project was originally proposed without the access for the residents from 7t Avenue to 34 08/20/13 go north and it was an exit only and entrance for the new residents to come in or go out that exit delivering all the impact to the residents on 7th Avenue but no benefit. Mrs. Petrolia stated it seems counter to that road to have it going both ways when you can have the access coming in one direction. She stated it seems less of an impact for the residents on 7th Avenue to have only exiting rather than exiting and entering cars. Mr. Dorling explained what was originally proposed by the developer was exiting and entering the project but for their residents only. He stated what was conditioned by Planning and Zoning was to not eliminate it but provide the residents on 7th Avenue clickers to provide benefit to exit through their development to North Federal Highway. Mrs. Petrolia inquired about the exit from the new development to open it up onto 7' h Avenue and then they were going to do some beautification on the street and the residents can only exit one -way to George Bush Boulevard. Mr. Dorling stated all of the landscaping and physical improvements were also part of the developer's decision to go to two -way; the one -way exiting and the northbound limited to carts and bicycles was something that happened after the Planning and Zoning Board made its recommendation and prior to it coming before the Commission. Mayor Glickstein commented about condition #8 "That the street connection to N.E. 7th Avenue be eliminated..." and asked if that means there would be no traffic on 7th Avenue. Mr. Dorling stated this is correct. Mayor Glickstein stated if there is private property abutting a public right -of -way does the City have the ability to restrict access to that public right -of -way. Mr. Dorling stated the City is obligated to provide at least a means of access but not obligated to give them access wherever and whenever they want it if they have primary access. The City Attorney confirmed that Mr. Dorling's statement is correct. Mrs. Gray stated there was mention of two entrances from Federal Highway. Mr. Jones stated there is only one on the site plan and it is not gated. Mrs. Gray concurred with comments expressed by Mrs. Petrolia. Mrs. Gray suggested that the Commission consider going back to the one -way out because she feels it is safer and it would eliminate more traffic. Mrs. Ray asked if the applicant would be willing to do this. The applicant stated he would be willing to do this. After brief discussion, Mayor Glickstein asked what the improvements are to 7th Avenue. Mr. Jones stated the improvements include enhanced street lighting, a 5' pedestrian sidewalk on the west side of the street, a 5' safe sidewalk for the disabled for pedestrian access, enhanced landscaping, speed humps, and an increase in the water line (a 2" water line currently serves the street). Mr. Jones stated rather than the less costly solution of bringing water in from Federal Highway, it would bring water in down the entire 7th Avenue right -of -way with an 8" water line increasing water pressure for all the residents on 7th Avenue and at the same time requiring them to repave 7th Avenue. He stated this will be a beautiful enhanced street for both pedestrian and vehicular access. Mr. Jones stated the developer would prefer to have "exit only" per the alternative plan. Mayor Glickstein stated with respect to Mr. Hyman and others having a sidewalk on that 35 08/20/13 street it gets them out of the street and onto a sidewalk which is a plus for any neighborhood. Mr. Frankel stated it is important to note that there are going to be a lot of people wanting to bike and golf cart to the beach that would move into this neighborhood. He stated this is a major improvement. Mr. Frankel stated the developer meets the conditions and feels there needs to be a compromise. He stated he does not agree that these people should have to exit and enter on Federal Highway especially on a bike, golf cart, or any alternative transportation source other than a car. Mr. Jones stated you would only be able to go north; and some of the other residents would make a right on Bond Way and then come south on 8m to accomplish what the new residents would be able to do by going through the exit or the gate. Mr. Frankel stated if you allow an exit from 7m Avenue you go to George Bush Boulevard and either go south or head east to the beach. Mr. Hyman congratulated Mayor Glickstein for becoming Mayor and stated he does not feel that the gate would do any good for most of the cars. Mr. Hyman stated most of the cars would leave through the gate; the residents could back out of the apartments versus going forward. Mr. Jacquet stated this development is unique because it is not asking for any conditional uses for density or height, it is not a rental, it is a fee simple ownership, and it is at the north gateway to the city and believes this would be a nice addition to Federal Highway. Mr. Jacquet stated when he first learned of this project he was told it was exit out only. He stated this is a great project; however, he feels there are legitimate concerns for the residents who live in that area. Mr. Jacquet stated if the developer is willing to work with the residents that are concerned about the traffic he feels that everyone can come to an agreement. Mrs. Gray stated earlier today Nancy Stewart commented that Delray is a place to live, work, and play. Mrs. Gray stated she would like to add "to raise a family." She feels the project is a great example of how Delray Beach is including the family. She inquired about the number of bedrooms per unit. Mr. Dorling stated all units are three (3) bedrooms or more. Mrs. Gray stated she supports the project with the exit out only. Mayor Glickstein stated the project is going to be a great addition to an area like other areas where the city has tried to provide a catalyst and hopes this is it for North Federal Highway. He stated these road improvements with a sidewalk is going to provide as much or better in terms of safety features of keeping kids and adults out of the roadway. After brief discussion, Mayor Glickstein stated he feels a fair compromise is the exit out. Mayor Glickstein stated as a compromise in allowing this exit out he would feel more comfortable with a 5' sidewalk on both sides of that street. Mrs. Petrolia stated if not both sides of the street, then the east side of the street would be better since the houses are all on the east side, and still put the landscaping on the other side of the 36 08/20/13 street. She stated that way there is a balance on the street and at the same time providing the sidewalks where the people are actually living. Mr. Jacquet stated he concurs with the developer that the west side is better for the sidewalk because not only is it more in proximity with their actual development where people exit and enter, it avoids running through peoples driveways or along the neighbors' homes causing more disruption to the residents. Mr. Jacquet reiterated that he feels the sidewalk should be on the west side of the street; however, if there can be two (2) then he would support it. Mr. Dorling stated it is his understanding that a 50 foot right -of -way could accommodate sidewalks on both sides; if the Commission were to make this a condition of approval staff could work towards that and if it were less than that and could not be accomplished then we would not require it but if it is available and possible staff would have the developer get it done. After brief discussion, it was the consensus of the Commission to make it a condition of approval that a sidewalk be installed on both the east and the west side of 7th Avenue provided there is right -of -way for it. The City Attorney stated that condition #8 be modified to read "That an exit only access to N.E. 7th Avenue from the development be provided for vehicular traffic which would include the ability for golf carts and bicycles previously depicted in accordance with the developer's sketch. The City Attorney stated it would be in and out for bicycles and golf carts and exit only for vehicles. The City Attorney stated that condition #9 be modified to read "Provide landscaping (located only on the west side) and five (5') foot wide sidewalks be installed on both sides of N.E. 7th Avenue provided sufficient right -of -way exists as determined by the City Engineer, that speed humps, enhanced street lighting, improved water service and street paving are provided on the exhibit provided at the Planning and Zoning Board meeting for N.E. 7th Avenue north of George Bush Boulevard based upon the City's LDRs, policies, and direction and approval by the City Engineer." The City Attorney stated the condition #9 be modified to read "A landscape maintenance agreement be provided for the landscape improvement along N.E. 7th Avenue and that the HOA of the St. George Project shall be responsible for the costs associated with this landscaping including maintenance, irrigation, and water meter as determined by the City in accordance with the Landscape Maintenance Agreement. The HOA documents shall include this responsibility in perpetuity." The City Attorney suggested that conditions #8, #9, and #10 be completed prior to the issuance of CO's for the project as condition #11 and that condition #12 be added to read that "No construction traffic shall be allowed to enter or exit onto N.E. 7th Avenue, except provided for the construction with the improvements of N.E. 7th Avenue." Brief discussion between Mr. Jones and Mayor Glickstein followed. Mr. Handler stated the developer agrees to barricade that entrance. 37 08/20/13 Mr. Jacquet moved to approve the Board Order approving the conditional use request subject to the amended conditions listed on Exhibit "A ", seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve to extend the meeting past 11:00 p.m., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. At this point, the time being 11:49 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 18 -13: Consider approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. If passed a public hearing will be held on September 3, 2013. office.) The caption of Ordinance No. 18 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING TWO FISHER LANE, LOCATED AT 2 FISHER LANE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is approval to individually designate the property located at "2 Fisher Lane" to "Two Fisher Lane" and list it on the Local Register of Historic Places. Mr. Dorling stated the LDRs require property to fulfill one or more criteria set forth in LDR Section 4.5.1(B) and the site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (13)(2) for its historical and cultural significance and criteria as it relates to architectural and aesthetic significance. 38 08/20/13 At its meeting of August 7, 2013, the Historic Preservation Board (HPB) and there was unanimous recommendation of approval for this designation. Mrs. Petrolia asked why we are doing this. Mr. Dorling stated it is the owners of the property desire to have it named that way. Mayor Glickstein clarified that it is not the numerical difference that the Commission is approving but it is historical designation. Mrs. Gray moved to approve Ordinance No. 18 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated staff is trying to manage the agenda. Secondly, the City Manager stated Friday is the last day of employment with the City of Delray Beach for Douglas Smith who has served as Assistant City Manager for the last seven (7) years and served as Interim City Manager for four (4) months. The City Manager stated Mr. Smith is taking a position with the City of Margate as Assistant City Manager and wish him the best. The City Manager stated Mr. Smith is a gentleman and an excellent professional. 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mrs. Gray Mrs. Gray asked about the Downtown Development Authority (DDA) and stated they have pulled out of their partnership with the Delray Beach Downtown Marketing Cooperation. She asked what they are doing with the $45,000 because they still benefit from the tree and other events. Mr. Barcinski stated it is his understanding that they are still going to contribute $45,000. Secondly, Mrs. Gray asked if the City is training someone to handle special events. The City Manager stated the City does not have a successor as it stands; however, staff would have to do some immediate succession planning in that regard. Lastly, Mrs. Gray commented about the Florida League of Cities Conference this weekend and she will provide an update at a later meeting. 39 08/20/13 12.C.2. Mrs. Petrolia Mrs. Petrolia commented about an article in the Sun Sentinel and was entitled Operation Dirty Water and alleged that gifts were made to certain employees in the town. Mrs. Petrolia asked if there are rules about City employees accepting gifts from vendors that are looking for contracts. The City Manager stated the Palm Beach County Ethics Commission is active and applies to all of the communities within Palm Beach County and the Ethics Code requires everyone to annually train employees on what is acceptable and what is not acceptable in terms of gifts or any types of gratuities. 12.C.3. Mr. Jacquet Mr. Jacquet stated something needs to be done about the sidewalk cafes. The City Manager stated staff will begin Monday with strict code enforcement. Secondly, Mr. Jacquet stated on Thursday, August 29, 2013 at 2:00 p.m. there is going to be a webinar on New Pension Reporting Requirements. He stated there was someone at the Florida League of Cities Conference who presented that. Mr. Jacquet stated he, Commissioner Gray, and Commissioner Frankel had the opportunity to attend the Legislative Conference of the Florida League of Cities in Orlando. Mr. Jacquet stated there were some resolutions that the League supported such as Florida City Government Week which is October 20 -26; a resolution commemorating Florida's 500th Anniversary; a resolution commending the Florida Association of City Clerk's (FACC) for its 40th Anniversary; a resolution for the Florida League of Cities urging the administration and Congress to preserve the current tax exempt status of municipal bonds and reject any proposal that would reduce or eliminate the Federal tax exemption on interest earned from tax exempt municipal bonds. He stated that is a big issue and the Federal Action Strike Team (FAST) is working on that as well and they are going to Washington, D.C. to see the legislators and lobby on the City's behalf. Mr. Jacquet stated he attended a Workshop and the new mandates with regard to the Police and Fire Pension Plan and Jim Linn was presenting. Mr. Jacquet stated one of the State legislators was there learning about GASB. Mr. Jacquet commented about the Recreation Development Assistance Program booklet. 12.C.4. Mayor Glickstein Mayor Glickstein stated there is a special meeting next week and the only item for discussion is regarding the budget. Secondly, Mayor Glickstein asked when the Commission can expect a draft of the procurement ordinance. The City Manager stated the Commission can expect a draft by the end of this month. Mayor Glickstein requested that the following two (2) items be on that special meeting: (1) a draft of the procurement ordinance subject to the availability of it being done, and (2) the budget. 40 08/20/13 Mayor Glickstein commented about a letter regarding the Shark Fishing ordinance. Mayor Glickstein commented about the Sun - Sentinel's coverage of the track record of the sexual predators in the city and requested an item be placed on the City Commission agenda of September 3, 2013, that the Police Department address what the City is doing to identify sexual predators within the City of Delray Beach. He stated with regard to the issue of the parking garage someone commented that the Commission approved this parking garage. For clarification, Mayor Glickstein stated the Commission has not approved anything relative to a parking garage. Mayor Glickstein stated there was a fee provided paid by the CRA and budgeted of $750,000 for design and if the City is paying an architect 10% of construction to design what essentially is a box then the City is overpaying for those services. Mayor Glickstein stated staff has discussed some ordinance changes and the in -lieu parking fee increase. Also, Mayor Glickstein stated he would like to know whether that is an LDR change or ordinance change to reflect a real amount for parking which should include some CPI increase. Lastly, Mayor Glickstein stated with regard to Code Enforcement it has been a failure in terms of enforcing the right -of -ways and the City has failed not only the handicapped citizens but the pedestrians that are fighting for space between these tables and chairs at the sidewalk cafes. He suggested moving this enforcement into the night time department of this city which is the Police and gives the Community Service Officers and Police Officers the ability to make some changes. There being no further business, Mayor Glickstein declared the meeting adjourned at 12:09 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 20, 2013, which Minutes were formally approved and adopted by the City Commission on 41 08/20/13 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 42 08/20/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR ST. GEORGE 1. This conditional use request has come before the City Commission on August 20, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for St. George. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes ✓ No b. Concurrency_: Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No City Commission Meeting on August 20, 2013; Item 9.A. Il. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.9(1)(10), stand -alone multiple family developments are considered conditional uses in the "GC" (General Commercial) zoning district. a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached conditions? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request subject to the conditions of approval attached hereto in Exhibit "A ". The City Commission hereby adopts this Order this 20th day of August 2013, by a vote of 5 in favor and 0 0 Cary D. Gli 9 in Mayor TEST:' Chevelle Nubin City Clerk 2 City Commission Meeting on August 20, 2013; Item 9.A. EXHIBIT "A" CONDITIONS OF APPROVAL FOR ST. GEORGE 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" — Technical Items" attached in the staff report. 2. That an easement be provided and city - approved bus shelter installed onsite. 3. That the landscape plan be revised to indicate that 20 -foot high trees be planted along the north property line adjacent to the RL zoned property. 4. That the required 25 -foot front setback be provided for eh RM zoned townhomes. 5. That the townhomes be revised to allow a minimum garage depth of 19 feet provided that storage areas are included within the garage. If the storage areas are not provided, the minimum depth shall be 20 feet. 6. That a CCTV camera be provided at the pool /clubhouse area and replace the chain link fence with a rod iron fence. 7. That the equipment for the play area be provided and that they be oriented toward toddlers. 8. That an exit only access to N.E. 7th Avenue from the development be provided for vehicular traffic. An opening to accommodate pedestrians, bicycles and golf carts shall also be provided. The Home Owners Association documents need to include this as a maintenance/repair/replace responsibility of the Association in perpetuity. The documents will also need to identify that there will be no cost to those residences along NE 7th Avenue. 9. Provide landscaping (located on the west side), five foot wide sidewalks (located on both sides of the street provided there is enough right of way width as determined by the City Engineer), speed humps, enhanced street lighting, improved water service (replacing the 2" water main with an 8" water main), and street paving are provided as noted on the exhibit provided at the Planning and Zoning Board meeting for NE 7th Avenue (north of George Bush Boulevard) in accordance with the City's policies, guidelines and Land Development Regulations and as directed by and approved by the City Engineer. 3 City Commission Meeting on August 20, 2013; Item 9.A. 10. The Developer shall sign the City's standard landscape maintenance agreement for the landscape improvement along NE 7th Avenue and the HOA documents for the development shall provide that the homeowners association of the St. George project will be responsible, in perpetuity, for the costs associated with this landscaping including maintenance, irrigation, and water meter as determined by the City in accordance with the Landscape Maintenance Agreement. 11. No Certificate of Occupancy shall be issued to the Developer for any part or portion of the project until all work has been completed and approved by the City regarding N.E. 7th Avenue as it relates to conditions 8 -10. 12. No construction traffic shall be allowed to enter or exit onto N.E. 71h Avenue, unless such traffic is related to the improvements of N.E. 7th Avenue. Developer shall take the appropriate steps to insure that this condition is followed. 4 City Commission Meeting on August 20, 2013; Item 9.A. MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 15, 2013 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 IMPACT GRADUATION PRESENTATION ITEM BEFORE COMMISSION The item before the Commission is the 2013 IMPACT Graduation. The class of seven mentees will present a synopsis of their team project to the Commission and receive their graduation certificates. This is the second annual graduation ceremony. BACKGROUND IMPACT Delray is a mentoring initiative designed to foster individual and organizational growth by encouraging people to challenge themselves both personally and professionally. The program's mission is to prepare employees to compete for future promotional opportunities while enhancing skills for their current position. Through instruction, practice, and individual mentoring, the goal is to develop leaders who will excel in business acumen, collaboration, organizational knowledge and emotional intelligence and to encourage organizational interdependence. IMPACT Delray promotes experiential learning and sharing of institutional knowledge. I.M. F. A. C. FE. DELRAY Individual Mentoring Program And Collaboration Team One of the challenges facing the City of Delray Beach is to effectively develop our human resources into a high - performance workforce. The future of Delray Beach government is directly impacted by the skills, ability, knowledge and education of its greatest asset — our employees. In order to successfully meet the challenges ahead, we must be able to answer the following: • How will we equip emerging leaders to succeed in new roles when the current generation of key people retires? • How will we enhance individual, team, and organizational performance, ensuring alignment with the mission of the City? How will we develop employee skill sets while offering challenges and the opportunity to grow into a high performance organization? IMPACT Delray ©answers these questions by providing an organizational development initiative designed to build and retain talent within the City. THE MISSION IMPACT Delray ©is a mentoring initiative designed to foster individual and organizational growth by encouraging people to challenge themselves both personally and professionally. The program's mission is to prepare employees to compete for future promotional opportunities while enhancing skills for their current position. Through instruction, practice, and individual mentoring, the goal is to develop leaders who will excel in business acumen, collaboration, organizational knowledge and emotional intelligence and to encourage organizational interdependence. IMPACT Delray ©will promote experiential learning and sharing of institutional knowledge. Table 1 below lists the characteristics that have been identified as being critical to effective leadership in a high - performance organization. The mentoring program's strategy is designed to build skills directly related to the City's core values and the competencies identified by the ICMA's Management Practices. The program also provides an avenue for the Executive Committee, comprised of department heads, to participate in preparing the City's future leaders. IMPACT Delray October 2012 Page 1 of 4 �t4 1 I.M. F. A. C. FE. DELRAY Individual Mentoring Program And Collaboration Team Table 1. Competencies COMPETENCY BEHAVIOR ICMA MANAGEMENT PRACTICE Character Confident Personal Integrity Respectful Trustworthy, ethical Responsible Business Acumen Develops and shapes strategy Functional /Operational Strategic Planning Leads change Expertise and Planning Shares vision Initiative and Risk Taking Strategic Planning Innovation Initiative Creativity and Innovation Adaptability Problem solving Creativity Leadership Decision making Coaching Delegation Team Leadership Empowerment Empowerment Cultural Competence Mentoring Develops bench strength Staff Effectiveness Emotional Intelligence Teamwork Collaboration Team leadership Conflict Resolution Fosters, builds partnerships Planning and Organizing Prioritizing Budgeting Goal setting Financial Analysis Time management Use of resources Fair and equitable in managing Performance Management Supervising Effective coaching /counseling Human Resources Clear performance standards Management Communication Public speaking Media Relations Mediation Presentation Skills Community Relations Organizational Knowledge Basics of each department Organizational Integrity Budgeting Budgeting Purchasing IMPACT Delray October 2012 Page 2 of 4 �t4 1 I.M. F. A. C. FE. DELRAY Individual Mentoring Program And Collaboration Team PROGRAM COMPONENTS SELECTION ° Any employee who meets the minimum qualifications may apply. Department Heads will each recommend a "high potential" employee who could be promoted in the next two years. Minimum qualifications: • A record of above average work performance • Two or more years of employment with the City • Completed or enrolled in Supervisor Skills • A letter of recommendation from immediate manager. • Approval from Department Head. ° Application and letters of recommendation are reviewed by Human Resources and the applicant's Department Head to determine if the candidate meets or can reasonably expect to meet the minimum qualifications for the position the candidate aspires to. ° A 360° Evaluation will distributed and scored by Human Resources. ° Participants will be then be interviewed by Human Resources Director. The final decision for who will be included in the program will be made by the HR Director and City Manager. ASSESSMENT ° A Myers- Briggs- type indicator or other assessments will be completed as pre -work. CURRICULUM The cohort will meet as a group for two half days each month. ° Instructional Curriculum will be designed to include: Leadership, Emotional Intelligence Teambuilding, Collaboration Ethics Strategic Planning, Goal Setting, Decision Making Cultural Competence Communication, Public speaking Performance Management: coaching, discipline, conflict resolution Interviewing, Hiring Employment Law Budgeting, Finance MENTORING PROGRAM Participants will be paired with a mentor who will be outside of their division for the one year program ° Each particpant's manager will work with the mentee to complete an Individual Learning Plan to guide development with their mentor. IMPACT Delray October 2012 Page 3 of 4 �t4 1 I.M. F. A. C. FE. DELRAY Individual Mentoring Program And Collaboration Team * IMPACT 2.0 is under construction. The plan is to create an opportunity for graduates to spend time in each department to learn more about City operations. IMPACT Delray October 2012 Page 4 of 4 ° Training will be conducted for mentors and mentees to learn how to define specific goals and expectations, methods of reporting, frequency of meetings, outcome tracking, and feedback. ° Mentor and mentee will meet at least monthly. TEAM PROJECT ° By the third month of the program, the group will select an organizational challenge to address. The cohort will serve as a cross - functional team charged with achieving a solution to the selected challenge. The project will be approved by the Executive Committee. ° This capstone project will be presented to the City Commission at the end of the year. PROGRAM COMPLETION Successful completion of the program will require: - Satisfactory peer review - Satisfactory mentor review ° Certificates will be awarded to graduates by the Mayor at a City Commission meeting. ° The participants will receive a development plan if they did not meet all criteria at the time of program completion. CONTINUATION ° Mentees will be encouraged to become group mentors ° Graduates will meet quarterly as a Community of Practice ° Graduates may participate in IMPACT 2.0* * IMPACT 2.0 is under construction. The plan is to create an opportunity for graduates to spend time in each department to learn more about City operations. IMPACT Delray October 2012 Page 4 of 4 s ¥� � )( }\ 0 \ CL i ) k | « m /K /m }V (� k E ■ � \ C \ k § 2 � k & i k / / $ > > > > > 0 0 u q q + 4 a 6 m a \ \ \ § Am @ @ K @ LM N k Q � § C �0 d B C o k E L e M bb �D Q aj 11 § k 4 _ aj $23 ƒ E \ j\\ § < »I >\ ( 3 _ 0 2 (\ ( $ 2 ) \ � � } cL m z z }/ƒ E .. © E ( e « ) E m k " ) 0 m m 0 0 © " g ƒ § o § 2 ; ± ; 2 = u I o ) k { 2 m E / 2 / k LU s ¥� � )( }\ 0 \ CL i ) k | « m /K /m }V (� k E ■ � \ C \ k § 2 � k & i k / / $ > > > > > 0 0 u q q + 4 a 6 m a \ \ \ § Am @ @ K @ LM N k Q � § C �0 d B C o k E L e M bb �D Q � \ a M ) U / � I § k 4 E 2 § »o »I >\ 3 _ 0 2 \ $ 2 ) \ � � } m z � \ a M ) U / � I SUBJECT: GA -11 - Wellness Committee Effective: August 1, 2013 Page 1 of 3 49.1 PURPOSE: The purpose of the City of Delray Beach Wellness Committee is to promote a worksite culture that supports healthy lifestyle choices, personal and professional productivity and physical and mental wellbeing. 49.2 OBJECTIVE: The primary objectives of the Wellness Committee are to: 1. Assist the Human Resources Department and the Employee Wellness Center providers in identifying, implementing, and promoting wellness initiatives for City employees. 2. Research methods for assessing the effectiveness of existing initiatives and make recommendations to the Benefits Manager. 3. Assist in planning and completing wellness events and projects such as the Employee Fitness Challenge, Health Fairs, and others. 4. Act as ambassadors for the Employee Wellness Center. 49.3 PROCEDURE: A. Wellness Committee: 1. The Committee will consist of one to four representatives from each department: Administration; City Attorney's Office; City Clerk's Office; Community Improvement; Environmental Services; Finance; Fire - Rescue; Human Resources; Parks and Recreation; Planning and Zoning, and Police. Human Resources should always have the Benefits Manager on this committee. Each department will have one vote. ADMINISTRATIVE SUBJECT: City Of POLICIES AND PROCEDURES Fellness Committee MANUAL Delray NUMBER REVISIONS EFFECTIVE PAGE 1 OF 3 Beach GA -49 0 DATE' SUPERSEDES APPROVED BY: Louie Chapman, Jr., City Manager 49.1 PURPOSE: The purpose of the City of Delray Beach Wellness Committee is to promote a worksite culture that supports healthy lifestyle choices, personal and professional productivity and physical and mental wellbeing. 49.2 OBJECTIVE: The primary objectives of the Wellness Committee are to: 1. Assist the Human Resources Department and the Employee Wellness Center providers in identifying, implementing, and promoting wellness initiatives for City employees. 2. Research methods for assessing the effectiveness of existing initiatives and make recommendations to the Benefits Manager. 3. Assist in planning and completing wellness events and projects such as the Employee Fitness Challenge, Health Fairs, and others. 4. Act as ambassadors for the Employee Wellness Center. 49.3 PROCEDURE: A. Wellness Committee: 1. The Committee will consist of one to four representatives from each department: Administration; City Attorney's Office; City Clerk's Office; Community Improvement; Environmental Services; Finance; Fire - Rescue; Human Resources; Parks and Recreation; Planning and Zoning, and Police. Human Resources should always have the Benefits Manager on this committee. Each department will have one vote. SUBJECT: GA -11 - Wellness Committee Effective: August 1, 2013 Page 2of3 2. Each Department Head may determine the method of selecting committee representatives. 3. The Committee will meet bimonthly to review all new and current wellness initiatives. Other meetings may be scheduled as needed to plan and implement activities. 4. Committee members or their alternate must attend all meetings and can be removed from the committee for lack of attendance. The Chair(s) will advise the department head of lack of attendance and request a replacement. 5. The Wellness Committee Chair(s) will be selected by the members and will rotate each year in October. Nominations for the new Chair(s) will be forwarded to the current Chair(s). Nominees will be placed on a ballot and the nominee who receives the majority of votes will be the Chair. In the event of a tie, they will be co- chairs. B. New Wellness Initiatives: 1. In collaboration with Human Resources and the Employee Wellness Center, any new initiative will be evaluated based on a. its impact on the City's healthcare plan incentives; b. its ability to improve utilization of the Wellness Center; c. its measurability. Appropriate metrics will be identified for each initiative. d. its potential in motivating employees to implement healthy lifestyle changes 2. Employee surveys may be taken to get employee input prior to launching a new initiative and as a follow -up tool afterwards. 3. Any awards given in conjunction with a wellness initiative should be designed to reward behaviors that move toward and maintain a targeted health status. Each City employee should have equal access to earning an award. 4. The Wellness Committee will assist in developing a marketing campaign prior to launching any new initiatives. SUBJECT: GA -11 - Wellness Committee Effective: August 1, 2013 Page 3 of 3 C. Existing Wellness Initiatives 1. The effectiveness of existing wellness initiatives will be assessed annually, or more frequently as needed, using the metrics that were identified prior to implementation. 2. Each initiative will also be reevaluated based on data received from the Wellness Center biometric blood draw results. D. Funding Sources: 1. Funding sources will be identified for all initiatives. The Committee may assist Human Resources in exploring grants and other funding opportunities. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: September 20, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 ACCEPTANCE OF A WATER EASEMENT DEED /1180 S.W. 10TH STREET ITEM BEFORE COMMISSION Acceptance of an exclusive water easement deed for a water main at 1180 SW 10th St. BACKGROUND The subject property is 2.9 acres and contains an existing commercial building. It is located between S.W. 10th Street and Royal Palm Drive, west of S.W. 10th Avenue. Refer to location map. The property is zoned Industrial (I). The proposed project is a renovation of the existing one story aluminum frame building with associated site improvements. Proposed improvements include installation of an 8 -inch water main to provide a looped system as required per Land Development Regulation Section 5.3.3 (E), which states that looped water mains are required on or off site in order to increase reliability of water flows and pressure. A water easement is required so that City crews can access and perform maintenance operations associated with proposed water line. RECOMMENDATION Staff recommends approval of water easement deed. • �'w �• qr lex Alm Y q. r Y A.4 - e r � r e 4 i i jo 40 lilt ti * IL X �Y . 1p I AMMMd *C i I - r I r i Ka 5 wow—, - ; eel { Cl. f.f..r L a i - .Iff e F •� t ti add Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N. W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 19th day of August, 2013 by and between All County Paving, with a mailing address of 1180 SW 10(` Street, Delray Beach Florida 33444, parry of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. 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. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 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 easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. I : V, -. (name pted or typed) WITNESS #2: ), r r �AJ_4 '- (name printed or typed) STATE OF COUNTY OF I ro The foregoing instrument was acknowledged before me this 2Z' day of S , 200 "�,by :`�a \Ad LojCWeIVA (name of officer or agent), of vi ) -U L Vt- (name of corpora ' n), a V o vtcAo State or place of incorporation corporat' n, on behalf of the corporation. He /She ' . all to me or has produced (type of ide ti ;t, on) as identification and did/d4 of ake an oath. 'nature of Naar Public - State of dpy� SEAL r4vv J�'^ iviYC,US� lSSi�Dr4E7,2051 E:CP1aZE�: i�iovcrsob� 67, 2015 Natasy []isJQ:lllt Assx. Co. 34DM-NOT.RY 2 JOHN A. GRANT, JR., INC 3333 NORTH FEDERAL HIGHWAY PHONE (561) 395 -3333 CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON, FLORIDA 33431 LICENSED BUSINESS # LB 50 FAX (561) 395 -3315 w L�rz z we t � c o N. LINE OF SW 10TH ST N. 50' OF LOT 21 LOT 21 LEGAL DESCRIPTION E. 13' OF LOT 21 A 12.00 FOOT WATERMAIN EASEMENT DESCRIBED AS FOLLOWS. w THE WEST 12.00 FEET OF THE z E. 13' OF EAST 13.00 FEET, LESS THE NORTH LOT 21 FEET AND LESS THE SOUTH 25 FEET ET F LOT 21, SECTION 20 1' SUBDIVISIONS OF PORTIONS OF M TOWNSHIPS 45 & 46 SOUTH, cr7 RANGE 43 EAST, ACCORDING TO o THE FLAT THEREOF AS RECORDED N IN PLAT BOOK 1, PAGE 4 OF THE l'' i�) PUBLIC RECORDS OF PALM BEACH ° ©w - COUNTY, FLORIDA. w °v e c— CV U3 Z N z¢ zof� W U I— ©CI_' vi ►-- vwr QLULI ¢ �m o- 0 L,.1 tl zLf) U xfwa LD � O4 U 0 < �0 u) LAJ (n Xa� 0 S. LINE OF LOT 21 S 25' OF LOT 21 ROYAL PALM DRIVE Revision 1: SAR 7/15/13 4 J g SUNNY ACRES PLAT BOOK 21, PAGE 63 THIS IS NOT A SURVEY ! Drawn By SAR Date 9 JUL 13 Checked By F.B. N A Pg. Seale 1" = 100' Job No. JG9203 Sheet 1 of 1 Drawing*.- \J09203 \CAD Idea \JG9203 SD H2O Main Fsmt.dwg \SD1 H2O Main REVIEWED AND APPROVED "-44 a </ SCOTT A. REID PROFESSIONAL LAND SURVEYOR NO.6258 STATE OF FLORIDA ='M a El a° m a =az °�R == a g e <W oNws soaQO _w o u Q HE �$ �® I" *�m- •��r�o a�wm� x` "rap ���a�Q sp.p$'< %a ^�° ��¢6 po °3 - soa ra az<a$ §s W 3 N Z a^ W W ° ^ , I , m ,. ze ,e, - _ w m m ' SW 10TH ST < m x,a, ,z ,x5 a I I❑ I o- m 3 � 33 I a�? LL €w 1p - ag I� N pox z I w o ? m m I I as m I 1 E � I m& tz2 ,zs — * -- �s1 1 I s89d -- 211_213'- + �2 °5854�3'40 140.80' _— ROYAL PALM DRIVE u s, 4 W -„ op � Q_w wr o 2o _ az nw OIL 1eprc ao° �¢ NI a< o a °4 o w u o A -HP T rc_ b a m o d s II w oca m bix�t osa ��0 3 I II 9 z �mw 2 ",5.n w w pia �mxm — — _ - 'Y� ���♦' '� -mmmw w in ST _ - - II;I Np- ffi11 II 8 � a�lx, .e ,5.e tso oga ec NiLnH Os y app - - S o of ,I �o aoa= =as g R _ — �� '1 I a mom z W. 5 Z -j amhn o II it z u o Q a cTSn o } }� -- -- -- — s D ---- ^ W A lo W -„ op � Q_w wr o 2o _ az nw OIL 1eprc ao° �¢ NI a< o a °4 o w u o A -HP T rc_ b a m o d s II w oca m bix�t osa ��0 3 I II 9 z �mw 2 ",5.n w w pia �mxm — — _ - 'Y� ���♦' '� -mmmw w in ST _ - - II;I Np- ffi11 II 8 � a�lx, .e ,5.e tso oga ec NiLnH Os y app - - S o of ,I �o aoa= =as g R _ — �� '1 I a W. o II it z u o -- -- -- — s ---- ^ MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 RESOLUTION NO. 45-13: ALLEY ABANDONMENT/ 828 NE 1ST COURT ITEM BEFORE COMMISSION The item before the Commission is consideration of the abandonment of alley right -of -way located at 828 NE 1 st Court, pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The alley right -of -way was dedicated by the plat for the Seestedt- Stevens Subdivision, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida. The alley is located between Lot 27 and Lots 28 and 29 of the subdivision. The applicant for the abandonment is the owner of the property at 828 NE Ist Court, which consists of Lot 28, Lot 29 and approximately 10.4 feet of the eastern portion of Lot 27. As shown on the attached plat blow -up, with the combination of these lots into one building lot, the alley is now located entirely within the applicant's property. The alley right -of- way to be abandoned is 10 feet wide and extends 78.8 feet south of NE 1 st Court. The alley does not contain any public utilities or provide access to adjacent properties. As shown on the attached survey, part of the applicant's driveway and an air conditioning unit are located within the alley right -of -way. If abandoned, the alley will become part of the applicant's property which has already been developed. In its current location, there is no public purpose for the alley right -of -way and it should be abandoned. Therefore, a positive finding can be made with respect to LDR Section 2.4.6 (M)(5), and the request can be supported. REVIEW BY OTHERS Environmental Services Department: The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and AT &T have reviewed the request, and have no objection to the abandonment. Planning and Zoning Board: On September 16, 2013, the Planning and Zoning Board reviewed the alley abandonment and recommended approval (5 -0), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof was consistent with the Comprehensive Plan and met criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. A full analysis of the proposed abandonments, including the required findings is provided in the attached Planning and Zoning Board staff report. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Palm Trail Pnhlir Nntirfr Formal public notice was provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. As of this date, the Planning Department has not received any letters of opposition to the abandonment. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION By motion, approve Resolution No. 45 -13 to abandon the alley located at 828 NE 1st Court, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations. RESOLUTION NO. 45 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT -OF -WAY LOCATED ON THE PROPERTY AT 828 NE 1ST COURT, AS MORE FULLY DESCRIBED IN EXHIBIT "A ", AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of an alley right -of -way, as more particularly described in Exhibit "A "; said alley right -of -way being located between Lot 27 and Lots 28 and 29, Seestedt- Stevens Subdivision, according to the Plat thereof, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said right -of -way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 16, 2013 and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, pursuant to LDR Section 2.4.6(M), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all rights and interests it holds to the following real property described as follows: See, Exhibit "A" PASSED AND ADOPTED in regular session on this the day of 2013. MAYOR ATTEST: CITY CLERK RES. NO. 45 -13 SCALE 1 =30' s' AL EXHIBIT "A" (P.O.C.) NW CORNER OF SAID LOT 27 NORTH LINE L I L2 Of LOT 28 NORTM LINE Of LOT 27 T 0 c�I !A 1 1 0° SOUTH LINE OF LOT 28 NORTH LINE OF LOT 29 LINE TABLE R LENGTH 9.00(P) 0:00'(P) :00'(P) J SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THATTHIS SKETC,IIOF,D�S,�i�IpTI(JN...._ SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEM AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61 G17 -6'OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472:027, FLORIDA STATUTES 's# Digitally signed by A LEGAL 1D FOOTALEY N. � Andrew Snyder sears,DN: crn= Andrew Snyder, IN PLAT BOOK 18, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FURTHER TO THE PLAT THEREOF, AS RECORDED =La ndtec Su rveyi ng, I Inc., LOCATED BETWEEN LOTS 27, 28 AND 29, SEESTEDT•STEVENS SUBDIVISION, AC R DESCRIBED AS FOLLOWS ."OOU, email =a- ' shy" er COMMENCINGAT THE NORTHWEST CORNER OF SAID LOT 27, SEESTEDT STEVENS SUBDIVISION, THENCE EASTALONG THE NORTH LINE OFSAID @msmcom t =.. 9.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF LOT 27 AND THE POINT OF BEGINNING OF c rwm ^; Date; 2013.06:04 11:59:15 LOT 27, A DISTANCE OF 4 SAID ALLEY; THENCE EAST ALONG THE NORTH LINE OF SAID ALLEY, A DISTANCE OF 10.60 FEET TO A POINT OF INTERSECTION WITH THE 7 - 04'00' NORTHWEST CORNER OF LOT 28; THENCE SOUTH ALONG THE EAST LINE'OF SAID ALLEY, A DISTANCE OF 1810 FEET TO A POINT; THENCE WEST ALONG THE SOUTH LINE OF SAID ALLEY, ADISTANCE OF 5,00 FEET TO A POINT OF INTERSECTION OF LOTS 28 AND 29; THENCE CONTINUE WEST SIGNED:. (� DATE': 04 /04%2'01''3 ALONG THE SOUTH LINEOFSAIDALLEY; ADISTANCEOF5OOFEETTO' APOINT; THENCENORTHALONG THEWESTLINEOFSAIDALLEY,A ANDREWSNYDERPROFESSIC�NALSURVEYOR AND MAPPER FLORIDA DISTANCE OF 78,78 FEET TO THE POINT OF BEGINNING, REGISTRATION No. 5,639 (NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND SAID DESCRIBED PARCEL OF LAND CONTAINING 799 SO. FT. (0.02 ACRES) MAPPER SHOWN ABOVE) Lahteo Surveying tl(fers servlces'lhroughout the`State df Florida. Please refer to our websrte'at LEGEND: F: ww.Wdt6cSurvey.com for up to date infdrmafion about ovr locations and doverage area. This sketch has been Issued by the folldwirfg Landtec Surveying O&e: 21000 Boca Rio Road - Ste. Al2 RC. -R4GE Boca Raton, FL. 333433 S LI R V E Office: (561) 3'67 -3587 Fax: (561) 465 -3145 ProVid'ing =Fast& Accurate Land surveying Services throughout Florida www.LandteoSurvey.com nrerrs �trt6i`v 6ette °! PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT - -- MEETING DATE: September 16, 2013 ITEM: V.A. Abandonment of a 10 feet wide alley right -of -way lying within the property located at 828 NE 1st Court. The alley right -of -way extends 78.80 feet south of NE 1st Court between Lots 27, 28 and 29, Seestedt- Stevens Subdivision. I GENERAL DATA: Applicant ...... ............................... Randi Walden Property Owner of Adjacent 828 NE 1St Court Properties .............................. Agent ........... ............................... Gary Dunay, Esq., and Christina Bilenki, Esq. Location ....... ............................... 10 feet wide by 78.8 feet long located on the south side of NE 1St Court. Property Size .............................. 0.02 acres (789 sq. ft.) Future Land Use Map ................. LD (Low Density Residential 0 -5 du /ac) Current Zoning ............................ R -1 -AA (Single - Family Residential) Adjacent Zoning ................North: R -1 -AA (Single - Family Residential) East: R -1 -AA (Single - Family Residential) South: R -1 -AA (Single - Family Residential) West: R -1 -AA (Single - Family Residential) Existing Land Use ...................... Unimproved alley (developed as part of lot) Proposed Land Use .................... Single Family Residential 101 N. E. 1ST CT. a Q Q w N. E. 1ST ST. N V. A. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of alley right -of -way located at 828 NE 1St Court. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The alley right -of -way was dedicated by the plat for the Seestedt- Stevens Subdivision, recorded in Plat Book 18, Page 3 of the Public Records of Palm Beach County, Florida. The alley is located between Lot 27 and Lots 28 and 29 of the subdivision. The applicant for the abandonment is the owner of the property at 828 NE 1s' Court, which consists of Lot 28, Lot 29 and approximately 10.4 feet of the eastern portion of Lot 27. As shown on the attached plat blow -up, with the combination of these lots into one building lot, the alley is now located entirely within the applicant's property. ABANDONMENT DESCRIPTION The subject alley right -of -way to be abandoned is 10 feet wide and extends 78.8 feet south of NE 1St Court. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject alley right -of way was dedicated by plat. The owner of the adjacent property to the east and west of the right -of -way (the applicant) is entitled to the abandoned area. The alley does not contain any public utilities or provide access to adjacent properties. As shown on the attached survey, part of the applicant's driveway and an air conditioning unit are located within the alley right -of -way. In effect this right -of -way does not function as an alley and is not needed. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company and AT &T have reviewed the request, and have no objection to the abandonment. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. Planning and Zoning Board Meeting of September 16, 2013 Abandonment of Alley at 828 N E 1 St Court Page 2 As stated earlier, the alley is entirely surrounded by the applicant's property at 828 NE 1s' Court. It was developed as part of the building lot with a portion of the home's driveway and an air conditioning unit located within the alley right -of -way. The alley does not contain any public utilities or provide access to adjacent property. In effect this right -of -way does not function as an alley and is not needed. Therefore, a positive finding can be made, and the request can be supported. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the alley is entirely surrounded by the applicant's property and does not provide access to any other lots of record. Based on the above, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. As stated above, there are no public utilities located within the alley. Given its location, entirely surrounded by the applicant's property, it is not possible for the alley to provide access or utility services to adjacent properties or the general area. Therefore, a positive finding can be made. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Palm Trail Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT If abandoned, the alley will become part of the applicant's property which has already been developed. In its current location, there is no public purpose for the alley right -of -way and it should be abandoned. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for abandonment of the alley located at 828 NE 1s' Court, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Planning and Zoning Board Meeting of September 16, 2013 Abandonment of Alley at 828 N E 1 st Court Page 3 3. Move a recommendation of denial of the request for abandonment of the alley located at 828 NE 1s' Court, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for abandonment of the alley located at 828 NE 1s' Court, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Attachments: Location Map Aerial Plat Blow up of Plat Property Survey Resolution No. 45 -13 with Sketch and Legal of Abandonment Area N. E. 1ST CT. 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I AERIAL PHOTOGRAPH (MAY NOT SHOW LATEST IMPROVEMENTS) (NOTTO- SCALE) NG4 °24'54"E v 1.31'(CF) N m 530 °39'07"E 0.88'(CF) J � Q t\ m Q O U iu F— z 0 z I� 0 oo °I 3 LEGEND: CA DENOTES CENTRAL ANGLE CA TV DENOTES CABLE T. V. BOX CH DENOTES CHORD DISTANCE DE DENOTES DRAINAGE EASEMENT AP DENOTES FOUND IRON PIPE FIR DENOTES FOUND IRON ROD FN DENOTES FOUND NAIL M DENOTES MEASURED OHC DENOTES OVERHEAD CABLE P DENOTES PLAT PP DENOTES POOL PUMP R DENOTES RADIUS TR DENOTES TELEPHONE RISER UEDENOTES UTILITY EASEMENT UP DENOTES UTILITY POLE WM DENOTES WATER METER BEARING REFERENCE: CENTER LINE OF N.E. 15t COURT A5 5.89 °38'27" E ALL BEARINGS SHOWN HEREON REFERENCED THERETO. LandTech Surveying offers services throughout the State of Florida. Please refer to our website at Invoice Number: 01.59095 www.LandtochSurvey.com for up to date information about our locations and coverage area. This survey has been issued by the following Landtech Surveying office: Drawn By: J. Pressman \ 1500 N.W. 62nd Street, Suite 511 Dale of Field Work: 0312912013 - Fort Lauderdale, Florida 33309 Revision: Corrections made per client- 4126113 -CF S U R V E Y I N G Office: (954) 776 -6766 Fax: (954) 776 -4660 Revision: Utilities located- 5125113 -CF Providing Fast & Accurate Land Surveying Services throughout Florida ... rnaasura€a y 6��tter? www.LandtechSurvev.com Revision: MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED GA, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: September 27, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 INTERLOCAL AGREEMENT /TCRP /CRA: LDRS IN THE CBD ITEM BEFORE COMMISSION The item before the Commission is consideration of an Interlocal Agreement between the City, CRA and the Treasure Coast Regional Planning Council for revisions to the Land Development Regulations (LDRs) to address the appropriate scale of development in the Central Business District. BACKGROUND The Downtown Master Plan called for the development of Design Guidelines to address the scale and intensity of development in the CBD area. Design Guidelines were adopted several years ago and were later modified, however development pressures downtown have continued to create increasing conflicts with adjacent residential neighborhoods. One of the recommendations in the recent Visions 2020 report adopted by the City Commission calls for revisions to the Land Development Regulations (LDRs) to address the appropriate scale of development in the CBD. The Mayor and City Manager asked the Treasure Coast Regional Planning Council (TCRPC) —the organization that wrote the original Downtown Master Plan —to submit a proposal to modify the LDRs to further address development scale and intensity, and to create Architectural Design Standards for Delray's Central Business District. The attached Interlocal Agreement between the City, the CRA and the TCRPC provides that the Planning Council will analyze the existing LDRs, administrative procedures and approval processes; and update the existing code to contain Form -Based Code elements. They would also establish a Regulating Plan for new development within the study area following the principles and priorities described in the Downtown Master Plan. Tests will be performed of the existing LDRs and the proposed revisions in order to ensure that they achieve the desired results. Consideration will be given to the changes needed to facilitate development in the West Atlantic Avenue corridor, and updating of the required performance standards for increased height and density in order to produce development that is consistent with the character of downtown Delray Beach. The cost of the main study is $175,000. An additional task is the establishment of architectural design standards intended to improve the quality and aesthetic appeal of new development in the downtown. The cost for that task is $25,000, for a total of $200,000. This cost is comparable to that paid to the TCRPC by other local governments for similar tasks. Riviera Beach paid $200,000 in 2008 for a comprehensive revision of its codes, and Hallandale Beach is entering into an agreement in the amount of $250,000 for a Form Based Code. Per the attached agreement, the CRA will contribute $150,000 and the City will fund the remaining $50,000. Since this expenditure was not included in the City's FY 2013/2014 budget, the approval will be contingent upon the availability of funds. REVIEW BY OTHERS Community Redevelopment Agenc3L At its regular meeting of September 12, 2013, the Community Redevelopment Agency Board approved the Agreement subject to the West Atlantic Avenue area being addressed first in the study, and with the CRA splitting the costs with the City 50150 ($100,000 each) In an email from Assistant City Manager Bob Barcinski, the City requested that the CRA contribute $150,000 to the project, with the City paying the additional $50,000. The CRA considered this request at its regular meeting of September 26, 2013 and agreed to increase their share to $150,000. The attached Agreement has been modified to reflect the final CRA and City contributions as well as add language to prioritize revisions to the LDRs that impact the West Atlantic Avenue Redevelopment Area.(see Attachment A, Task lb). It is also noted that since the CRA was to pay the entire $200,000 fee in the original draft of the Agreement, the CRA would have been invoiced and paid the TCRPC directly. Under revisions made by the CRA in the final Agreement, the City will be invoiced by the TCRPC and will be responsible for making these payments. The CRA will reimburse the City for its share of the invoices (75 %) within 20 days of the City's request for payment. A final change made by the CRA in the Agreement removed the CRA from the responsibility of paying for advertisement costs for public hearings /workshops, food to be provided to the pubic attending public hearings /workshops, or rental of space associated with public hearings (should it be necessary). RECOMMENDATION By motion, approve the attached Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency, and the Treasure Coast Regional Planning Council, subject to the condition that adequate funding be available. INTERLOCAL AGREEMENT BETWEEN THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF DELRAY BEACH AND THE TREASURE COAST REGIONAL PLANNING COUNCIL This Interlocal Agreement is entered in this day of 2013 by and between Delray Beach Community Redevelopment Agency (herein referred to as "CRA "), the City of Delray Beach (herein referred to as "City "), and Treasure Coast Regional Planning Council (herein referred to as "Council "), each constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: Whereas, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969, "authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the need and development of local communities; and Whereas, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and Whereas, the City Commission of the City of Delray Beach has found and declared an area of the City of Delray Beach to be slum and blighted, the area hereinafter referred to as the "CRA area;" and Whereas, the City and CRA have adopted a community redevelopment plan which incorporates a plan for the Central Business District area known as the Downtown Delray Beach Master Plan (the "Plan "); and Whereas, the goal of the Plan is to create a framework that will facilitate development and investment in private land as well as in public infrastructure, preserve the city's heritage, enhance its livability and sense of unity and maintain its design quality, both architectural and urban in a manner that achieves several stated objectives, one of which is "To create building forms of a character and scale that reinforce the Citizen's vision of a `City of urban amenities with a small town feeling "'; and Whereas, the CRA, City and the Council desire to enter into an agreement to facilitate implementation of the development and design objectives of the Plan for the CBD area by amending the local land development regulations. 1 Whereas, amending this document to facilitate implementation of the Plan is in the best interest of the citizens of the City of Delray Beach, Florida. Now, Therefore, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE A. The purpose of this Agreement is to contract with the Council to assist the City and CRA in the implementation of the Plan. B. The City, CRA and Council agree to act in a spirit of mutual cooperation and good faith in the implementation of the Agreement and its purpose. SECTION 2. GENERAL TERMS AND CONDITIONS A. This Agreement shall begin upon execution by both parties and shall end when the deliverables are complete as identified in the schedule contained in Attachment A unless terminated earlier in accordance with Section 4 of this Agreement. B. The Council shall fully perform the obligations identified in Scope of Work as identified in Attachment "A" of this Agreement to the satisfaction of the City and CRA. C. The City, CRA, and Council agree to be governed by applicable State and Federal laws, rules and regulations. D. Modifications of this Agreement may be requested by any party. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each party and attached to the original Agreement. E. The City, CRA, and Council mutually agree to establish a mechanism to resolve any conflicts that may arise from the implementation of the Plan by using the process included in the Intergovernmental Coordination Element of the City's Comprehensive Growth Management Plan or other mutually agreed process. F. The City and CRA agree to: 1. Assist in the development of documents designed to implement the Plan 2. Process all requests for reimbursement in a timely manner SECTION 3. RECORD KEEPING A. All records submitted by the Council shall be kept for three years after the termination of this Agreement and shall be sufficient and complete to verify compliance with the requirements of this Agreement. B. The Council shall allow access to its records during normal business hours and upon reasonable advance requests of the City and CRA, its employees and agents. SECTION 4. TERMINATION This Agreement may be terminated for convenience by either party on 30 days written notice, or for cause if either party fails substantially to perform through no fault of the other and does not 2 commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. CRA shall be obligated to pay Council for only its work completed up to the date of termination pursuant to this paragraph. SECTION 5. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce this Agreement will be held in the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 6. INDEMNIFICATION Each party to this Agreement agrees, to the extent permitted by law, to save, defend, reimburse, indemnify, and hold harmless the other parties, and the other parties respective officers, employees, servants or agents from each party's own negligence or willful misconduct and from any and all claims, demands, damages, liabilities, causes of actions, legal or administrative proceeds, judgments, interest, attorney's fees, costs and expenses arising in any manner directly or indirectly in connection with or incidental to the performance of this Agreement. Nothing in this provision shall be construed as consent by the parties to be sued, nor as a waiver of sovereign immunity beyond the limits provided for in Section 768.28, Florida Statutes. SECTION 7. SEVERABILITY Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the same shall be deemed stricken here from and all other terms and conditions of this Interlocal Agreement shall continue in full force and effect as if such invalid provision had never been made a part of the Interlocal Agreement. SECTION 8. ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties. This Agreement may be modified and amended only by written instrument executed by parties hereto. SECTION 9. NOTICE AND CONTACT All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand, overnight express mail, or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below: 3 For the CRA: CRA Executive Director — Diane Colonna 20 North Swinton Avenue, Delray Beach, Florida 33444 CRA Attorney — David Tolces 20 North Swinton Avenue, Delray Beach, Florida 33444 For the City: City Manager — Louie Chapman, Jr. 100 N.W. First Avenue, Delray Beach, Florida 33444 City Attorney — R. Brian Shutt, Esquire 100 N.W. First Avenue, Delray Beach, Florida 33444 For The Council: Michael J. Busha, AICP — As Its Executive Director 421 SW Camden Avenue, Stuart, Fl 34994 SECTION 10. FUNDING /CONSIDERATION A. This is a fixed fee Agreement. As consideration for performance of work rendered under this Agreement, the CRA and the City agree to pay the Council a fixed fee not to exceed Two Hundred Thousand and 00 /100 dollars ($200,000.00), including travel, out -of- pocket expenses (printing and reproduction costs), film processing, mail, couriers and other costs related to the services provided. B. The satisfactory completion of deliverables by the Council, as accepted by the City and CRA and submission of an invoice to the City, shall be considered the Council's request for payment according to the schedule contained in Attachment A. The City shall pay the Council within twenty (20) days of receipt of an invoice. C. The City shall provide the CRA with proof of payment of the Council's invoice. In order to reimburse the City for the payment to the Council, the CRA shall forward to the City an amount equal to Seventy -five percent (75 %) of the amount paid by the City no later than twenty (20) days after receipt of the City's request for payment. The CRA shall reimburse the City an amount not to exceed One Hundred Fifty Thousand and 00 /100 Dollars ($150,000.00), for the services provided by Council pursuant to this Agreement. SECTION 11. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of the Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 12. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 13. ATTORNEY'S FEES Any costs or expense (including reasonable attorney's fees) associated with the enforcement of the terms and for conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 14. DELEGATION OF DUTY Nothing contained herein shall deem to authorize the delegation of the constitutional or statutory duties of the officers of the City, CRA or the Council. SECTION 15. FILING This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. SECTION 16. EQUAL OPPORTUNITY PROVISION The City, CRA and the Council agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subject to, any form of discrimination under any activity carried out by the performance of the Agreement. SECTION 17. EFFECTIVE DATE This Agreement shall become effective upon its approval by the City Commission, CRA Board, and the Treasure Coast Regional Planning Council, the due execution thereof by the proper officer of the Regional Planning Council, the City and CRA and the filing of a certified copy hereof with the Clerk of the Circuit Court of Palm Beach County, Florida. Wi IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: By: Diane Colonna Executive Director ATTEST: Chevelle Nubin, City Clerk ATTEST: Phyllis Castro Accounting Manager Delray Beach Community Redevelopment Agency By: Name: Howard Lewis Title: Chair Approved as to form: By: David Tolces CRA Attorney City of Delray Beach By: Louie Chapman, City Manager Approved as to form and legal sufficiency By: R. Brian Shutt, City Attorney Date: Treasure Coast Regional Planning Council By: Michael J. Busha, AICP As its Executive Director R ATTACHMENT A UPDATE TO THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF DELRAY BEACH SCOPE OF SERVICES GENERAL The City of Delray Beach (City) and the Delray Beach Community Redevelopment Agency (CRA) seek assistance in establishing a Form -Based Code and Architectural Design Standards for implementing the vision and recommendations contained in the Downtown Delray Beach Master Plan. As such, the Treasure Coast Regional Planning Council (Council) is pleased to submit this scope of services. Council views this effort as a series of interrelated tasks to be completed by the Council, City, and CRA in accordance with this Attachment, and the Agreement between the Council, City and CRA. The project boundaries shall be limited to an area within the CRA boundaries as described in Attachment B: Project Boundary Map. PROJECT TIMEFRAME The project timeframe will commence upon execution of this Agreement. It is anticipated that all tasks contemplated within the Scope of Services shall be substantially complete no later than 18 months from this date. COST Total cost to perform tasks detailed in this Scope of Services: $200,000 TASKS AND DELIVERABLES Task 1 — Form -Based Code $175,000 Task 2 — Architectural Design Standards $25,000 DELIVERABLES TASK 1 —Form Based Code - $175,000 In partnership with the City and CRA, the Council will a. Analyze the existing code, administrative procedures and approval processes. b. Update the existing code to contain Form -Based Code elements and establish a Regulating Plan for new development within the study area following the principles and priorities described in the 7 Downtown Master Plan and in consideration of the current zoning maps and regulations. The code will also address infill development/redevelopment scenarios identified in the Downtown Master Plan. The Council will prioritize revisions to the existing code that impact the West Atlantic Redevelopment Area for consideration by the CRA and the City. 1. The Form -Based Code will include, but not limited to the following: a. Zoning districts b. Permitted use tables c. Building placement d. Building height and density e. Facade standards f Parking placement g. Parking quantity h. Public open space i. Civic & public buildings j. Block standards k. Street types and street sections 1. Approval process and procedures and roles of the boards Council will prepare a Regulating Plan that will define street types, identify zoning districts and map /illustrate where and which form -base code categories apply. c. Analyze the likely to be developed and redeveloped parcels in the study area and illustrate the impacts of the proposed code changes using drawings and three dimensional renderings of the study area. d. Develop a series of implementation strategies to encourage and guide development in accordance with the proposed code changes, either through rezoning or utilizing an overlay. Additionally, draft codification language shall be provided to insert directly into the City's existing zoning ordinance. e. Prepare and submit to City and CRA staff the draft Code for review. f Meet with City and CRA staff to discuss staff - proposed revisions to draft Code. g. Resubmit to City and CRA staff revised draft Code for review and recommendation for approval and distribution to the City's designated Land Planning Agency (LPA) h. Attend, present, and participate in LPA workshops and public hearings required for review of the Code. Revise the Code per LPA comments and submit back to City and CRA staff for review and recommendation of approval. i. Attend, present, and participate in CRA Board and City Commission workshops and public hearings scheduled to review and approve the Code. Revise regulations per CRA Board's and City Commission's comments and submit the revised Code back to City and CRA staff as a final draft for review and recommendation of approval to their respective boards. N. FEE DISBURSEMENT 25% ($43,750) Upon completion of the first project coordination meeting. 50% ($87,500) Submit the first draft of the Form -Based Code to CRA and City staff. 25% ($43,750) Submit the final draft of the Form -Based Code to be considered for adoption. Total $175,000 TASK 2 — Development of Architectural Design Standards - $25,000 In collaboration with the CRA and the City, the Council will develop architectural design standards to support the vision and recommendations contained within the Downtown Master Plan. The standards will establish architectural authenticity and harmony throughout the districts and corridor, illustrate building frontage treatments that encourage the greatest pedestrian activity, and support the regional architecture of south Florida and the Palm Beaches. To achieve these goals, Council shall prepare the following. a. Architectural Design Standards for the Study area. At a minimum, these standards will consider: 1. Building articulation (achieving appropriate mass and scale); 2. Building composition (base, middle, top); 3. Building frontages (activating the street) 4. Building fenestration (relationship between windows and walls, proportions of opening, finishes, etc.); 5. Special treatments (context- sensitive applications). b. Include a description of defined architectural styles appropriate for the region and illustrate their defining features. This will aid in reviewing proposals for consistency with the Architectural Design Standards. c. Provide a procedural (application requirements and review process) framework in which to encourage and implement the Architectural Design Standards. d. Prepare and submit to City and CRA staff the draft standards for review. e. Meet with City and CRA staff to discuss staff proposed revisions to draft standards. f Resubmit to City and CRA staff revised draft standards for review and recommendation for approval and distribution to the City's designated Land Planning Agency (LPA). I g. Attend, present, and participate in LPA workshops and public hearings required for review of standards. Revised the standards per LPA comments and submit back to City and CRA staff for review and recommendation of approval. h. Attend, present, and participate in CRA Board workshops and public hearings scheduled to review and approve the standards. Revise standards per CRA Board's comments and submit revised Standards as a final draft back to City and CRA staff for review and recommendation of approval to their respective boards. FEE DISBURSEMENT 20% ($5,000) Upon completion of the first project coordination meeting. 60% ($15,000) Submit first Architectural Design Standards to CRA and City staff. 20% ($5,000) Submit final Architectural Design Standards to be considered for adoption. Total $25,000 PUBLIC INPUT AND INVOLVEMENT Public input and involvement opportunities will be provided throughout the process to engender support and understanding of the revised regulations. In addition to the presentations and hearings for the City and CRA boards identified above, TCRPC will: a. Conduct up to 20 individual interviews of elected officials, City and CRA staff, residents, and business and community leaders to hear direct, candid input from those who can champion the implementation of the Form Based Code and Architectural Design Standards. b. Provide up to four public presentations updating the community on the necessity and progress of the efforts. TCRPC staff will also be available to attend all staff -level meetings (either in person or via conference call) necessary to ensure the success of the implementation process. 10 FEES AND REIMBURSABLE EXPENSES Professional services described in this proposal will be performed for a fixed fee in the amount of $200,000. This includes travel, out of pocket expenses (printing and reproduction costs), mail, couriers, and other costs related to the professional services Council is providing, payable according to the following schedule. It does not include advertisement costs for the above mentioned public hearings /workshops, food to be provided to the pubic attending public hearings /workshops, or rental of space associated with public hearings (should it be necessary). Additional presentations, meetings or work beyond what is stipulated in the Scope of Services section of this Agreement will be billed at a rate of $200.00 per hour. FORMAT OF DELIVERABLES Council shall provide the City and CRA with final work products in the following format: Council shall print written documents (1 copy each only) on paper, as appropriate, and shall also provide digital copies of such documents in an appropriate format (PDF). Council shall provide graphic documents, including drawings, diagrams, maps, or other comparable materials (1 copy each only) on paper, as appropriate, and in a digital format suitable for reproduction. 11 � >: re," , R, loqoL 7-� L MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistance City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: September 16, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 ANNUAL PROJECT HOLIDAYIYOU ARE NOT ALONE ORGANIZATION ITEM BEFORE COMMISSION City Commission is requested to endorse the 8th Annual Project Holiday sponsored by "You Are Not Alone" and authorize City and staff support as requested. BACKGROUND Project Holiday is a program through which items needed by our service personnel overseas are donated to the You Are Not Alone organization, who with their volunteers will package and send items to our service personnel overseas. They are partnering this year with One Soldier at A Time as their nonprofit group. They are not asking for City funding, but are requesting City support and assistance as follows: Support needed from the City includes • Assistance in preparing and getting out PSA's on the program • Help with promoting and organizing the program • Authorizing City facilities to be used as collection sites for items donated • Assist in providing volunteers to help do the packing of items to be sent • Assist in delivery of boxes to the post office on December 9, 2013 Support to be provided by You Are Not Alone and One Soldier at A Time includes: • Assistance in promoting the project • Pick up and transport of items collected, location to be determined • Provide supervision of packing process • Identify service persons to whom items will be sent • Identify items that are needed • Make follow up calls to volunteers • Ship items and letters The proposed time schedule for this project is as follows: • Week of November 8, 2013 — Kick off program • December 6, 2013 — Deadline for receipt of letters and items needed • December 8, 2013 — Pack all items at Community Center • December 9, 2013 — Deadline to ship RECOMMENDATION Staff recommends approval of staff support as requested for this project. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director Randal L. Krejcarek, P.E. THROUGH: Louie Chapman, Jr., City Manager DATE: September 16, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 INTERLOCAL AGREEMENT/ CRA/ CONSTRUCTION AND PROFESSIONAL SERVICES FY 2013 -2014 ITEM BEFORE COMMISSION This item is before the Commission to approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for funding of various construction projects and professional services. BACKGROUND On September 12, 2013, the CRA Board approved the attached Interlocal Agreement in which the CRA will provide professional services and construction funding for various projects contained within the City's 2014 -2018 Capital Improvement Program (CIP). "Exhibit A" of the attached agreement includes projects that will be funded through this Interlocal Agreement. REVIEW BY OTHERS City Attorney Budget Officer RECOMMENDATION Staff recommends approval. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION /PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA ") WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A "; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A "; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A ". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A ". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A ", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A ", the CITY shall provide the CRA with monthly reports detailing the progress 061 of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 3 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: uiane uoionna, Executive uirector (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA in Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY LIM Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of , 20137 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. Notary Public — State of Florida EXHIBIT "A" 1 Fiscal Year 2013 -2014 Projects City Project # Project Name Amount of CRA Funding 2010 -041 NW 12t Ave — Atlantic to MLK $ 600,000.00 B 2014 -002 Block 8 Alley (South of W Atlantic Ave - SW 10t /1 1 th Aves) $ 100,000.00 C 2014 -023 SW 1 oth/gth Ave Improvements $ 183,000.00 D 2004 -006 SE & NE 1St St - One -Way Pair (Conversion) $ 250,000.00 E 2014 -007 E Atlantic Ave Median (Study) $ 30,000.00 F 2014 -008 Parking Study Implementation (E. Atlantic Ave Crosswalk Upgrades) $ 50,000.00 G Parking Study Implementation Projects $ 100,000.00 H 2011 -017 Fire Headquarters Public Plaza $ 275,000.00 1 2011 -024 NE 3' St/Ave Streetscape & Alley Improvements $ 455,000.00 J 2012 -051 Swinton & Atlantic Intersection $ 150,000.00 K 2012 -042 NE 1St Avenue Streetscape Improvements — NE 1StSt/NE 2 nd St $ 520,000.00 L 2013 -001 Block 117 Parking Garage Design /SE 6 th Ave $ 750,000.00 M 2011 -009 Block 32 Alley $ 100,000.00 N 2014 -052 Merritt Park Renovations $ 150,000.00 O 2013 -015 Osceola Park Alleys Phase 2 $ 175,000.00 P 2013 -020 SE 2n St (Swinton — SE 3d Ave), SE 2 nd Ave & Alleys Blk 87 $ 600,000.00 Q 2014 -006 Sidewalks — CRA District $ 50,000.00 R 2009 -006 Blocks 19 & 20 Alley Improvements $ 40,000.00 S 2014 -024 SW 2 nd Terrace Reconstruction $ 77,000.00 T 2014 -018 Cannery Row Park $ 150,000.00 d� MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: September 25, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 SUBGRANT AGREEMENT/ DIVISION OF EMERGENCY MANAGEMENT ITEM BEFORE COMMISSION Approval for Sub - Agreement contract number 14RC- 6V -10 -60 -XXX, Project Number RCMP2014 -010 between the City of Delray Beach and Florida Division of Emergency Management in the amount of $150,000.00 for implementation of the Residential Construction Mitigation Program (RCMP). BACKGROUND The Division of Emergency Management (DEM) has awarded a grant to the City of Delray Beach in the amount of $150,000.00. These funds shall be used by the City of Delray Beach to implement activities authorized under Section 215.559 of the Florida Statutes, Hurricane Loss Mitigation Program. This is an eligible cost - reimbursement contract, and as such, the recipient (City) must make other funding arrangements to complete this project. COMMUNITY IMPACT: The City of Delray Beach mitigation project will consist of hardening qualified single - family homes (low to moderate income) in need of hurricane retrofitting. Eligible improvements may consists of reroofs, window and door opening protection, brace bottom chord gable, soffits and roof vents and roof - to -wall connections. The City will retrofit up to twenty (20) homes under this initiative. REVIEW BY OTHERS This agreement has been reviewed and approved by the City Attorney's office. FUNDING SOURCE 118 - 1936 -554 -49.19 - Residential Construction Mitigation Program Grant Award $150,000.00. RECOMMENDATION Staff recommends approval of the Sub -grant Agreement Contract Number 14RC- 6V -10 -60 -XXX, Project Number RCMP2014 -010, between the City of Delray Beach and Florida Division of Emergency Management, in the amount of $150,000.00 for implementation of the Residential Construction Mitigation Program (RCMP). Contract Number: 14RC- 6V- 10- 60- 02 -XXX Project Number: RCMP2014 -010 STATE - FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and City of Delray Beach, (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these funds from the State of Florida, General Appropriations Act of 2013 -2014, for the purposes set forth in Section 215.559, Fla. Stat, and has the authority to grant these funds to the Recipient upon the terms and conditions below. C. The Division has statutory authority to disburse funds under this agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work (Attachment A to this Agreement). (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end June 30, 2014, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost 1 Principles for State, Local and Indian Tribal Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Non - profit Organizations." (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. 'Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: 2 If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: https:H apps. fldfs .com /fsaa /singleauditact.aspx. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Florida Division of Emergency Management at the following address: Florida Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Florida Auditor General's Office at the following address: Florida Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Any reports, management letters, or other information required to be submitted to the Division pursuant to this Agreement shall be submitted on time as required under OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division of Emergency Management for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (CPA) licensed under Chapter 473, Fla. Stat. The (CPA) shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close -out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close -out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment E. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ( "Events of Default "), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or rel 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Mr. Howard Douglas Bureau of Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 7 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Nigel Roberts Neighborhood Services Administrator City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Fax: N/A (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Request for Reimbursement Attachment C -1 — Detail of Salary and Benefit Attachment C -2 - Detail of Other Personal /Contractual Services N. Attachment C -3 — Detail of Administrative Expenses Attachment C -4 — Detail of Expenses Attachment C -5 — Detail of Operating Capital Outlay Attachment D — Justification of Advance Payment Attachment E — Quarterly Report Form Attachment F — Warranties and Representations Attachment G — Certification Regarding Debarment (17) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $150,000.00, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment D. Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any I further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of the "Florida Division of Emergency Management ", and mailed directly to the following address: Florida Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 10 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Fla. Stat. Q) Any bills for travel expenses shall be submitted in accordance with Section 112.061, (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. 11 (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. (p) The Agreement may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. (q) Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 12 connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: CITY OF DELRAY BEACH By: Name and title: Date: FID #- STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Brvan W. Koon. Director Date: 14 EXHIBIT— 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project — Residential Construction Mitigation Program State awarding agency: Division of Emergency Management Catalog of State Financial Assistance title: Residential Construction Mitigation Program Catalog of State Financial Assistance numbed Amount of State Funding: $150,000.00 15 ATTACHMENT "A" SCOPE OF WORK AND BUDGET The City of Delray Beach (Recipient) will provide residential wind mitigation retrofit improvements as identified in RFP -DEM- 13/14 -007 on as many residential structures as possible during the period of performance of this Agreement and within the award amount. The Division of Emergency Management's (Division) Property Information Spreadsheet will be the controlling document that monitors expenditures for the approved wind mitigation properties. All residential structures shall be located in the City of Delray Beach and be approved by the Division. The Recipient will focus on a systemic approach that ties together all aspects of wind mitigation. Deviation from a systemic approach shall be approved by both the Recipient and the Division. Recipient shall be responsible for the implementation, management, coordination, and facilitation of all aspects related to the wind mitigation retrofit projects approved under this RFP. Including subcontractor payments, reimbursement requests and accountability for all Division funds awarded. Task 1: The Recipient will establish and utilize a selection process that identifies potential residential structures for wind mitigation improvements. Based on the established selection process, the Recipient will conduct a systemic, comprehensive wind mitigation inspection and analysis of all residential structures identified by the Recipient for wind mitigation retrofit improvements. The systemic approach includes but is not limited to the following considerations: 1. Installation of hurricane resistant windows, doors, skylights or shutters; 2. Strengthening of roof deck attachment, replacement of roof sheathing; 3. Installation of a secondary water barrier, replacement of roof covering; 4. Gable end reinforcement; 5. Installation of hurricane straps or clips; and 6. Anchoring of wall or columns to foundation. The quantity of activities /services shall be based on the wind mitigation inspections and /or other findings. The Recipient will complete the initial Division's Property Information Spreadsheet (PIS). Recipient will provide all the requested information for each residential structure identified by the Recipient for possible wind mitigation retrofits, including color photographs. The electronic PIS will be provided to the Recipient by the Division and should not be altered in anyway. Upon completion, submission and approval of Deliverable One (1) as identified below, the Division will conduct a Benefit Cost Analysis (BCA) on each of the residential structures submitted on the PIS to determine if the wind mitigation improvements are cost effective. Specific properties may be substituted or withdrawn to achieve an overall favorable BCA ratio of one (1) or greater as part of the agreement development. Additional structures may be added to the initial PIS in order to expend the full award amount. However, no additional structures may be added after April 15, 2014. No wind mitigation improvements shall be started prior to Division approval of the wind mitigation improvements. Task 2: The Recipient will develop a Scope of Work (SOW) for each property approved by the Division. The SOW shall be based on all the wind mitigation retrofit measures identified on the Property Information Spreadsheet and approved by the Division. If required by the local building official, certified drawings will be developed for mitigation improvements and approved by a State of Florida Registered Professional Engineer or Florida Registered Architect as required. The Recipient shall select a Qualified; Licensed Florida Contractor in accordance with the Recipient's procurement policy to complete the SOW for each Division approved residential structure. Task 3: Recipient or its Subcontractors shall complete all wind mitigations retrofit measures as approved by the Division and identified on the Property Information Sheet. The minimum level of required service includes, but is not limited to the completion of all or some of the wind mitigation retrofit measures identified in Task 1 of the Agreement. All construction work shall be completed by a Qualified, Licensed, 16 Florida Contractor. Upon completion of the wind mitigation retrofit improvements, a post inspection must be performed by the Recipient and a licensed building official /inspector to ensure that all scope of work items are properly completed in compliance with issued building permits, as well as, any and all applicable Florida Building Codes, local building codes, industry standards and Manufacturer's Specifications. Task 4: During the course of the Fiscal Year the Recipient is required to submit multiple Request For Reimbursements (RFR). Documentation is required to support each RFR, Examples of supporting documentation are provided below for both construction expenses and administrative expenses. In some cases, all the wind mitigation retrofit improvements may not be fully completed; however, a partial reimbursement request may be submitted. Additional documentation in the form of an Affidavit signed by the project manager attesting to the completion of the work identified in RFR is required. The Division will conduct a final inspection of the completed projects submitted in conformance with Deliverable 3 shown below. Upon approval by the Division of the mitigation work, a Final Inspection Report will be submitted to the Division's Project Manager. Once the project has been approved the Recipient is required to submit a "Final Reimbursement Request" that complies with the documentation requirement as describe herein for Task 4. Construction Expense: The Recipient will pre -audit bills, invoices, and /or charges submitted by the subcontractors and pay the subcontractors for approved bills, invoices, and /or charges. Recipient will submit Reimbursement Requests (Attachment D) to the Division with copies of Subcontractor's bills, invoices, and /or charges and Proof -of- Payment by the Recipient in the form of cancelled checks, payroll records, electronic payment verification, etc. Recipient will ensure that the Contractor's Invoice clearly identifies each wind mitigation item installed. Administrative Expenses: The Recipient shall provide source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits must be clearly shown. DELIVERABLES: Deliverable 1: Based on the work described in Task 1, the Recipient shall submit, in an electronic format the completed Initial Property Information Spreadsheet (PIS). All the requested information identified by the PIS is required and shall be provided, including multiply color photographs. The color photographs may be sent by email, one structure per email. The RCMP Project Number and property owner name must be in the subject line of the email. The Division will calculate the Benefit Cost Analysis Ratio based on the mitigation retrofits improvements and cost estimates provided by the Recipient. Approval of individual properties will be based on a combined BCA ratio. Due Date: Initial PIS is due within fourteen (14) days of the final contract execution date. Recipient requested addition or deletion of properties is due by April 15, 2014. Deliverable 2: Based on the work described in Task 2, the Recipient shall submit, in an electronic format, a spreadsheet that contains the following information: A. Recipient Name and RCMP Project Number; B. Date of Report; C. Property Owner's Name; D. Selected Contractor's Name and date of Contractor selection for each wind mitigation measure; and E. Florida Product Approval Code for each wind mitigation product to be installed. 17 Due Date: Within fourteen days of Contractor selection. Deliverable 3: Based on the work described in Task 3, the Recipient shall provide a Final Close -Out Package CD to include the following: A. Request For Final Inspection on agency /company letter head identifying the RCMP Project number, contract number and must include the following statements: 1. The project is 100% complete; 2. Scope of Work for each residential structure has been completed; 3. All relevant building Codes and Standards have been satisfied. B. CD or other digital media that contains electronic folders for each individual property. The folders must have pdf formatted documents for each of the following: 1. Approved PIS; 2. Scope of Work; 3. Color Photographs documenting mitigation work (pre and post); 4. Building Permit; 5. Post Inspection Reports /Certificates of Completion for each Residential Structure; 6. Florida Approved Product Code, Notice of Acceptance /Product Approvals; and 7. Lien Waivers. C. An Electronic Spreadsheet to include; 1. Homeowner's Name; 2. Homeowner's Address; 3. Pre and Post Inspection Dates; 4. Retrofit Measures Completed; 5. Retrofit Cost; 6. Homeowner's Insurance Company and Policy Number (When Available). Due Date: On or before May 15, 2014 Deliverable 4: Based on the work described in Task 4, the Recipient shall provide a Request For Reimbursement Package that includes the following information: A. Recipient's Invoice, to include; 1. Start Date of Work Period (start of invoice period); 2. End Date of Work Period (end of invoice period); 3. Description of Work Performed; 4. Payment amount requested for reimbursement; B. Request for Reimbursement; (Attachment C) 1. Signed and dated Summary Page with relevant Detail Pages; 2. Sub - Contractor's Invoice: a. Sub - Contractor Name; b. Property owner name and address; C. Date work performed; I: d. Exact mitigation measure completed; e. Amount requested for each mitigation measure, 3. Copies of Canceled Checks or Electronic Funds Payment Verification; 4. Quarterly Report; 5. Affidavit of Partial Competition (if applicable). Due Date: Deliverable 4, is due on a regular basis, but shall be submitted at least quarterly, starting with the first quarter after the final Agreement execution date and every quarter thereafter. The quarterly submission is due 10 days after the close of the quarter. The "Final Reimbursement Request" is due July 15, 2014. Financial Consequences: If the recipient fails to comply with any term of the award, the Division may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the recipient; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. BUDGET: The Budget is designed to account for RCMP Awarded Funds. Each invoice and request for reimbursement should clearly identify the amount of RCMP funds requested and provide supporting documentation. City of Delray Beach — RCMP 2014 -010 RFP -DEM 12/13 -022 EXPENDITURE RCMP CATEGORIES AWARD Salary & Benefits Other Personnel / Contractual Services Administrative $7,500.00 Expenses Expenses $142,500.00 Totals $150,000.00 19 Notes: Based on Notice of Intent To Award posted June 7, 2013 Division award is $150,000.00 2. Administrative Expenses - Agency Administrative Cost — Recipient's direct costs for managing the project and other direct program office supplies and expenses. Five (5) percent of Division award. 3. Expenses - Construction Materials - Construction project material costs required to complete scope of work items as approved; Contract labor costs required to complete scope of work items. Certified Wind /Home Inspector to gather all information, take pictures, and report structural data. Licensed Engineer and Construction Professional to perform structural analysis, estimate project costs, evaluate sub - contractor's bids, and project reporting, pull permits, award bids to sub - contractors, coordinate construction activities, and to conduct comprehensive final inspections. Permits and Recording Costs - required permitting and recording costs. PROJECT TIMELINE: No work shall be performed under this Agreement prior to the Agreement execution date and the issuance of a Notice To Proceed. The Recipient is required to complete the mitigation work prior to the Final Close Package due on May 15, 2014. Upon submission of the Final Close -Out Package, the Division will schedule on -site visits with the Recipient to inspect and confirm the mitigation work has been completed in compliance with this Agreement and all applicable Florida Building Codes, local building codes, industry standards and Manufacturer's Specifications. Any mitigation deficiencies identified by the Division during the final inspection must be corrected by June 30, 2014. A final invoice with complete documentation is due July 15, 2014. Missing or incomplete documentation submitted with the final reimbursement request may result in a partial reimbursement. The project file will closed on August 15, 2014. 20 Section 215.559, Florida Statutes Section 215.422, Florida Statutes Section 215.97, Florida Statutes Section 215.971, Florida Statutes Section 216.347, Florida Statutes Section 216.3475 Florida Statutes Section 287.056, Florida Statutes Section 287.057, Florida Statutes CFO MEMORANDUM NO. 04 (201 Attachment B Program Statutes and Regulations Hurricane Loss Mitigation Program Payments, warrants, and invoices; processing time limits; dispute limitation; agency or judicial branch compliance Florida Single Audit Act Agreements funded with federal and state assistance Disbursement of grant and aids appropriations for lobbying prohibited Maximum rate of payment for services funded under General Appropriations Act or awarded on a noncompetitive basis Purchases from purchasing agreement and state term contract Procurement of commodities or contractual services )5- 06) Compliance Requirements for Agreements 21 Attachment C DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR REIMBURSEMENT OF RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM FUNDS RECIPIENT NAME: City of Delray Beach ADDRESS: 100 NW 1St Avenue CITY, STATE, ZIP CODE: Delray Beach , Florida 33444 Project Number: RCMP2014 -010 PAYMENT No: DEM Agreement No: 14RC- 6V- 10- 60- 02 -XXX SALARY AND BENEFIT OTHER PERSONAL/ CONTRACTUAL SERVICES ADMIN EXPENSES EXPENSES OPERATING CAPITAL OUTLAY TOTAL CLAIM AMOUNT DEM USE ONLY APPROVED COMMENTS TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the Division agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 22 Attachment C -1 DETAIL OF SALARY AND BENEFIT Subgrantee: Contract Number: 14RC- 6V- 10- 60- 02 -XXX Claim Number: Project Number: RCMP - 2014 -010 Vendor Description of Services Date Check Amount Provided Paid Number Page Total 23 Attachment C -2 DETAIL OF OTHER PERSONAUCONTRACTUAL SERVICES Subgrantee: Contract Number: 14RC- 6V- 10- 60- 02 -XXX Claim Number: Project Number: RCMP - 2014 -010 Vendor Description of Services Date Check Amount Provided Paid Number Page Total 24 Attachment C -3 DETAIL OF ADMINISTRATIVE EXPENSES Subgrantee: Contract Number: 14RC- 6V- 10- 60- 02 -XXX Claim Number: Project Number: RCMP - 2014 -010 Vendor Description of Services Date Check Amount Provided Paid Number Page Total 25 Attachment C -4 DETAIL OF EXPENSES Subgrantee: Contract Number: 14RC- 6V- 10- 60- 02 -XXX Claim Number: Project Number: RCMP - 2014 -010 Vendor Description of Services Date Check Amount Provided Paid Number Page Total 26 Attachment C -5 DETAIL OF OPERATING CAPITAL OUTLAY Subgrantee: Contract Number: 14RC- 6V- 10- 60- 02 -XXX Claim Number: Project Number: RCMP - 2014 -010 Vendor Description of Services Date Paid Check Amount Provided Number Page Total 27 Attachment D JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_ -20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) Attachment E DIVISION OF EMERGENCY MANAGEMENT RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM QUARTERLY REPORT FORM RECIPIENT: City of Delray Beach Project Number: RCMP2014 -010 PROJECT LOCATION: 100 NW 1St Avenue DEM ID #: 14RC- 6V- 10- 60- 02 -XXX QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July -Sep, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20_$ July -Sep, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20_$ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged [ ] Under Budget [ ] Over Budget Additional Comments /Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and /or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non - compliant with your subgrant award. Name and Phone Number of Person Completing This Form 29 Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 30 Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 31 Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Recipient's Name DEM Contract Number Project Number 32 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: September 25, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 REQUEST FOR USE OF THE CITY TROLLEY/ PLUMOSA SCHOOL OF THE ARTS ITEM BEFORE COMMISSION Request City Commission consideration to donate a City Trolley for the Plumosa School of the Arts fundraising event on Saturday, November 16, 2013. BACKGROUND The City of Delray Beach and Plumosa School of the Arts (PSOA) have a solid relationship. The Education Board helped to establish the Plumosa School of the Arts Foundation and the City has worked closely with the school and elected officials on the relocation of the school, boundary issues and advocated for a middle school of the arts. On November 16, 2013, the Foundation is sponsoring its first concert in the school's auditorium featuring Black Violin. This band delivers an extraordinary musical experience mixing hip -hop, rock, classical and R &B that is thoroughly entertaining. In addition to the evening concert, they are holding a concert and conversation for the teachers and children at the school on Friday afternoon to talk to the children about life, music and pursuing their dreams. The Foundation has reached out to the City to see if they would be willing to donate a trolley from 7:00- 10:30 p.m. to shuttle guests back and forth from the auditorium to the parking lot located across the street from the school. In return, if the venue turns a profit, they are willing to donate $500.00 to the Campaign for Grade -Level Reading for the purchase of books for the summer backpack program for children that attend Plumosa. This would be a "win -win" situation as the City's Community Solutions Action Plan calls for the expansion of the program to all four (4) of its Title 1 schools and Plumosa is next in line. REVIEW BY OTHERS City Attorney FUNDING SOURCE The Parking Management Specialist has valued the use of the trolley at $104.64 ($32 for driver x 3 1/2 hrs and $8.64 for fuel /maintenance). RECOMMENDATION Approve the request to donate a City Trolley for the Black Violin event on November 16th from 7:00 — 10:30 p.m. with an understanding that the Foundation will donate $500.00 towards the Campaign for Grade -Level Reading initiative to purchase summer books for PSOA children. �r. SHOOTING FOR THE STARS: CONCERT IN DELRAY BEACH BENEFITTING PLUMOSA SCHOOL OF THE ARTS CLASSICALLY- TRAINED AMERICAN HIP HOP DUO BLACK., VIOLI NOV E� opt SATURDAY PI) 77 SOUTH FLORIDA'S NATIVES KEV MARCUS AND WILL B HAVE PERFORMED FOR PRESIDENT OBAMA'S INAUGURATION, AT THE HARLEM APOLLO THEATRE, AND ON BROADWAY_ BLACK 561 VIOLIN HAS COLLABORATED WITH P. DIDDY, KANYE WEST, 50 CENT, TOM PETTY, AFROSMITH, AND THE EAGLES_ PRESENTED BY • g-, PLUlv10SA 3 9 ��..� SCHOOL OF THE ARTS C- �Ir FOUNDATION N- ADMISSION$35 GET YOUR VIP TICKETS � 7 5 MEESEATING HE ARTISTS IN ADVANCE RECEPTION PLUMOSAFOUNDATION.ORG WWW.BLACKVIOLIN.NET AT A SCHOOL OF ARTS THE ARTS AUDITORIUM 2501 SEACREST BLVD, DELRAY BEACH r� �J Black Violin to Perform at Plumosa Marie Speed, Sep 19th 2013 There is more great entertainment news for Delray as Black Violin –a highly regarded classically- trained hip hop duo, will perform their inspired combination of hip hop, rock, and R &B in a November 16 concert at the Plumosa School of the Arts. The concert is part of the Plumosa School of the Arts Foundation's "Shooting for the Stars" evening to benefit the elementary school's students. If you've never heard of Black Violin, here's a heads up: They have performed at President Obama's Inauguration, sold out the New Victory Theater on Broadway, performed at the legendary Harlem Apollo Theatre, accompanied Alicia Keys at the 2004 Billboard Awards, and collaborated with P.Diddy, Kanye West, 50 Cent, Tom Petty, Aerosmith and the Eagles. And they are South Florida stars, too — both Kev Marcus, who plays the violin, and Will B, who plays the viola, are Fort Lauderdale natives. a - -- - 'We are so fortunate that an act of this caliber will be AT PLUMOSA SCHOOL OF 2% �LALhLb I performing in Delray Beach for an exciting community THE ARTS AUDITORIUM bUb. l event," said James Mueller, president of the Plumosa School of the Arts Foundation. "This talented duo will inspire the students of Plumosa. Their success fits into our school's mission in promoting the vital importance of arts education for children and securing the resources to make it happen. Funds raised will directly benefit the kids at Plumosa School of the Arts through our Foundation." On Friday afternoon, November 15, Plumosa students and teachers will take part in a concert and conversation with the artists. Will and Kev will share stories of their own personal journey — about the impact that music has had on their lives and the importance of establishing a solid foundation of positive values. The concert will be held at the Plumosa School of the Arts Auditorium, 2501 Seacrest Blvd., Delray Beach. Tickets are $35 for general admission and $75 for VIP and can be purchased at: plumosafoundation.org. MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: September 24, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 SERVICE AUTHORIZATION NO. 12 -09 TO MATHEWS CONSULTING, INCAMMD AWS GRANT APPLICATION ITEM BEFORE COMMISSION Request City Commission approve Service Authorization #12 -09 to Mathews Consulting, Inc. in the amount of $5,226.00. It is for professional engineering services in completing an application for the South Florida Water Management District's Fiscal Year 2014 Alternative Water Supply Funding program for expansion of the City's reclaimed water system. BACKGROUND The South Florida Water Management District ( SFWMD) opened the application period for the Alternative Water Supply (AWS) funding program. The program provides supplemental funding for the construction of alternative water supply projects, such as reclaimed water. The Area 12A -Phase 2 Reclaimed Water System, which continues the expansion of reclaimed water on the barrier island from Atlantic Avenue south to Casuarina Road, is a candidate for the program. The project was split in two phases; Phase 1 consisting of Gleason Street and streets to the east, Phase 2 consisting of streets west of Gleason Street. Phase 1 was completed August 2013. The total construction cost estimate for Area 12A -Phase 2 is $1,250,000, which includes system upgardes to drainage, water and sewer mains, and site restoration. SFWMD anticipates providing funding assistance up to a maximum amount of $100,000. The application period opened Friday, September 20, 2013, with submittals due Friday, September 27th 2013. The attached Service Authorization is for the preparation of the AWS Funding application, which details the project's background, provides a project summary, construction cost breakdowns, schedule, related maps, funding commitments, and address any required permits. A separate agenda item has been submitted to request approval for submitting an AWS Funding application for the Area 12A -Phase 2 Reclaimed Water System project. Total cost under this Service Authorization is $5,226.00. FUNDING SOURCE Funding is available from account #441- 5161 -536- 68.73, Water and Sewer Fund/ Reclaimed Water, Area 12A -Phase 2. RECOMMENDATION Staff recommends approval of Service Authorization #12 -09 to Mathews Consulting, Inc. in the amount of $5,226.00 for professional engineering services in completing an application for the SFWMD's Fiscal Year 2014 Alternative Water Supply Funding program for expansion of the reclaimed system. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -09 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1720 TITLE: SFWMD Alternative Water Supply Grant Application for FY2014 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 L PROJECT DESCRIPTION This service authorization provides for preparation and submittal of the South Florida Water Management District Alternative Water Supply Funding Program grant application for Fiscal Year 2014 on behalf of the City of Delray Beach. The application will be made in order to receive funding for the City's reclaimed water program, specifically for the Area 12A — Phase II Reclaimed Water Main project. II. SCOPE OF SERVICES Phase I — Study and Report Phase Consultant shall provide study and report phase services in accordance with Article III.A of the Agreement for Engineering Services with the City, dated December 20, 2011. Task 1. SFWMD AWS Grant Application FY2014 1. Consultant shall prepare the funding application in accordance with the SFWMD requirements. It is anticipated the application will consist of the following components: a. Application Form b. Project Summary c. Project Details, including Statement of Work, Project Maps, Project cost breakdown, and a deliverable schedule. 09/25/13 d. Project Background and Supporting Information, including readiness to construct, copy of permits, multi jurisdictional supply entity documentation, CIP program funding, water and wastewater rate information, description of user controls, and public education documentation. e. Signed Acknowledgement. 2. Consultant shall provide one (1) draft copy of the application to the City for review and comment. City comments will be incorporated into the final application. Up to 3 copies of the application shall be prepared for submittal to SFWMD by the application deadline of September 27, 2013. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to grant application and updated cost estimating that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during implementation of the scope of services. Services performed 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 information 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. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at time MC receives executed contract). Engineering Services Time per Phase Cumulative Time Task 1 — SFWMD Grant 1 week 1 week 09/25/13 2 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 A for budget summary. Engineering Services Task 1 — SFWMD Grant Reimbursables TOTAL PROJECT COST 09/25/13 Estimated Fees $ 5,126.00 $ 100.00 $ 5,226.00 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 shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Date: Mayor David Mathews, P.E., Vice 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 , 2013 by David Mathews, Vice 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 09/25/13 4 ATTACHMENT A SFH%M FY2014 AWS Grant Application Budget Summary Labor Classification and Hourly Rates Sr. Principal Senior Construction Eng. Sub - Engineer Engineer-11 Engineer I Inspector Tech. Cadd Clerical Total Consultant Phase No. Task Description $161.55 $140.64 $93.75 $86.55 $111.78 $85.50 $68.52 Labor Services Task 7 ISFWMD AWS Grant Application Labor Total Costs ubconsultant Multiplier 1 1.1 Project Total 09/25/13 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environemnetal Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: September 24, 2013 SUBJECT: AGENDA ITEM 8.H.1 - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 GRANT APPLICATION/ ALTERNATIVE WATER SUPPLY /SFWMD ITEM BEFORE COMMISSION Requesting approval from Commission for submission of an Alternative Water Supply grant application to the South Florida Water Management District. This application is in conjunction with the District's annual Alternative Water Supply Grant Program from which the City has previously received annual funding for expasion of its reclaimed water system. BACKGROUND As a means of promoting the development of Alternative Water Supplies (AWS) to reduce demands on the ground water resource, the South Florida Water Management District (SFWMD) typically sponsors an annual competitive grant program focusing on providing supplemental funding for alternative water supply projects. The City has applied for this grant in previous years when the funding was available and has received funding for expansion of our reclaimed water irrigation system. Most recently, we received $170,000 in October 2012 for assistance in constructing the Area 12A -Phase 1 reclaimed system expansion, the area encompassing the barrier island from Atlantic Avenue south to Casuarina Road, Gleason Street and streets to the east. This phase was completed in August 2013. The next area will be Area 12A -Phase 2 which continues the expansion on the barrier island from Atlantic Avenue south to Casuarina Road, west of Gleason Street. The construction cost estimate for Area 12A -Phase 2 is $1,250,000, which includes system upgrades to drainage, water and sewer mains, and site restoration. SFWMD anticipates providing funding assistance up to a maximum of $100,000. This item is for the submission of the application for the next AWS grant cycle. The application period opened September 20, 2013, with submittals due September 27, 2013. Preparation of the application package was completed by our consultant, with cost of services at $5,226. FUNDING SOURCE No funding required with application submittal. Project construction is programmed for FY 2014 CIP from account #441- 5161 -536- 68.73, Water and Sewer Fund/ Reclaimed Water, Area 12A -Phase 2. RECOMMENDATION Staff recommends approval to submit a grant application under the South Florida Water Management District's Alternative Water Supply Funding program for the Reclaimed Area 12A -Phase 2 project. rIT10 OF DELRAY BEREH DELRAY BEACH F . D R 1 Q A ENVIRONMENTAL SERVICES DEPARTMENT 4.34 SOUTH SWINTON AVENUE • DELRAY BEACH, FLC);,;' >?. AII- America City (5G1) 243 -7336 • FAX (561) 243 -7060 I' mydelraybeacl7.com U 1993 September 25, 2013 2001 Stacey Adams, Program Coordinator South Florida Water Management District Alternative Water Supply Program Water Supply Implementation 3301 Gun Club Road MS 4220 West Palm Beach, Florida 33406 Re: Alternative Water Supply Program Funding Application FY 2014 Dear Ms. Adams: The City of Delray Beach is pleased to submit an application for the Alternative Water Supply Program for Fiscal Year 2014. A signed original application package, including all supporting documentation, plus a complete electronic copy, is attached for your review and consideration. The project for consideration consists of expanding our Reclaimed Water System on the barrier island, south of Atlantic Avenue, referred to as Reclaimed Area 12A -Phase 2. Per City policy, the grant application must be approved by our City Commission and executed by the Mayor. Unfortunately, the earliest City Commission meeting that this item can be presented for consideration is October 1, 2013, after the application submittal deadline of September 27h, 2013. Therefore, please accept the signature of the Project Owner's Representative on the grant application as a provisional signature. Once officially approved by our Commission, we will provide the District with a replacement signature page reflecting the appropriate authorized representative. The City's contact person for this project will be Victor Majtenyi, Interim Director of Environmental Services, 434 S. Swinton Avenue, Delray Beach, Florida, 33444, phone 561 -243 -7336, email Majtenyi@mydelraybeach.com. This application was prepared without collusion with any other person or entity submitting an application pursuant to the Alternative Water Supply Funding Program. Sincerely, 41c o Interim Director of Environmental Services Enclosures Cc: Scott Solomon— Manager, Water and Sewer Network, City of Delray Beach City of Delray Beach, Alternative Water Supply Funding Program 2014 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FUNDING PROGRAM APPLICATION FISCAL YEAR 2014 SEPTEMBER 2013 CITY OF DELRAY BEACH AREA 12 A (PHASE 2) RECLAIMED WATER DtTRIBUTION SYSTEM 0 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Alternative Water Supply Funding for FY2014 Table of Contents Part 1 ......................... Project & Funding Criteria Part 2 ......................... Project Summary Part 3 ......................... Project Details Part 4 ......................... Project Background and Supporting Information Appendix A ................ Contract Documents and Agreements Supporting Documentation Appendix B ................ Permit Supporting Documentation Appendix C ................ Water Supply Plan Project Supporting Documentation Appendix D ................ Interlocal Agreement between the Cities of Delray Beach and Boynton Beach Establishing the Regional Facility - South Central Regional Wastewater Treatment and Disposal Facility Appendix E ................ City of Delray Beach Capital Improvement Projects (CIP) Table Appendix F ................ City of Delray Beach Reclaimed Water Rates and Ordinance Appendix G ............... Electronic Files (Autocad Maps, Word Documents and PDF Files) Page 1 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Alternative Water Supply Funding for Fiscal Year 2014 (FY14) Instructions for Providing Information Complete the attached forms with responsive statements. This information request is a Microsoft® Word file. Type responses below the appropriate question . Please include all requested documents and provide complete answers to all questions. The document is organized into four parts: Part 1: Project & Funding Criteria; Part 2: Project Summary; Part 3: Project Details; and Part 4: Project Background and Supporting Information. A Response Checklist is provided to facilitate a final review of proposal format and content. The items requested must appear in the order that they are requested. The Acknowledgement Form must be signed by a responsible party representing the entity that is receiving funds. The District cannot contract with consultants. The recipient refers to the entity receiving funds and executing the contract. Failure to properly complete the forms or answer questions may cause funding to be delayed. If a question is not applicable to your facility or project, please indicate this rather than skipping the question. While complete responses are important, please be brief and concise. Project Information document should be limited in size to materials that can fit in a 1 -inch binder or less. Please provide the original signed copy, along with an electronic copy in Microsoft® Office Word format of the responses to this information request and a PDF (Adobe Acrobat©) copy of the signed document. The deadline for submittal is 12:00 p.m. Friday, September 27, 2013. Submit to: South Florida Water Management District Alternative Water Supply Program Water Supply Implementation 3301 Gun Club Road M S 4220 West Palm Beach, Florida 33406 Inquires to: Stacey Adams, Program Coordinator (561) 682 -2577 Email: sadams0sfwmd.gov Website: http: / /www.sfwmd.gov /AWS Page 2 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Alternative Water Supply Funding Program Project Information Checklist The following checklist will assist the recipient when filling out this document. It should not be relied upon in lieu of the instructions otherwise provided within the document. The applicant should read the entire document thoroughly. Page 3 of 19 Project Information must be submitted by Friday, September 27, 2012 at 12:00 p.m.. Part 1: Project & Funding Criteria Part 2: Project Summary is complete; Table 1 has been completely filled out. Part 3: Project Details is complete; Figures 1, 2, and 3 have been attached where requested in the document. Table 2 has been completely filled out, Table 3, the deliverables schedule, is complete. Part 4: Project Background and Supporting Information is complete, including Tables 4 and 5, the Water Supply plan page and Rate Information. Responses have been typed below the appropriate questions or in the space indicated. No question has been left blank without indicating that it does not apply. The FY 2014 Alternative Water Supply Funding Program ACKNOWLEDGEMENT has been completed, signed, and notarized. Appendices A, B, and C have been attached. One original hard copy and an electronic copy of the document in Microsoft® Office Word format and an electronic signed PDF copy has been provided. Page 3 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) PART 1 — PROJECT & FUNDING CRITERIA Proiect Criteria Projects must support development of an alternative water supply. Only construction costs are eligible for reimbursement. Funding Criteria The Alternative Water Supply Program is a reimbursement funding program. The Recipient is expected to execute the full scope of the contract without District funds. Any construction expenses incurred or obligated before or after the funding period, October 1, 2013 — August 29, 2014 are not eligible. The funding may only be used for the project identified in this document. The District will ensure the proper use of funding by requiring partners to comply with the terms and conditions of the Agreement. Additionally, the District will ensure compliance by conducting site visits, review of quarterly status reports, all supporting documentation, and the Final Project Summary Report (Exhibit "D "). All project deliverables must be completed and the Final Reimbursement Request Package (including invoic e) received by Friday August 29, 2014 to allow for timely process ing of payments. The contract expiration is September 30, 2014. Page 4 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) PART 2 — PROJECT SUMMARY Project Naming Convention The project name should show the entity applying and a specific title of the construction project for which funds are being provided (see example below). Correct: Palm Beach County 3 MGD Century Village Reclaimed Water Facility, Phase 1 Incorrect: Palm Beach County Reclaimed Project City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Project Name - If this is a multi -year project, please use the multi -year project name followed by the phase name or number for which funding is being sought. The example above is the first year of a 3 -year project. Citv of Delrav Beach Recipient — This is the entity that would enter into an agreement with District (not consultant). If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the landowner authorizing the construction of the project. Victor Majtenyi Interim Environmental Services Director 561 - 243 -7336 Project Owner Representative Telephone 434 South Swinton Avenue 561 - 243 -7060 Delray Beach, Florida 33444 Fax Address Maitenyi(c�mydelraybeach.com E -mail Palm Beach County where project is located* Applicant Federal ID Number Lat 260 27' 35.0" N Long 800 03'38.5" W Lower East Cost Project Latitude /Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (i.e. percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Victor Maitenyi Rene L. Mathews, P.E., President Entity Project Manager Consultant /Contractor Representative 561 - 243 -7336 Telephone Maitenvi(a1mvdelravbeach.com E -mail Mathews Consultinq, Inc. Company Name 561 - 655 -6175 Telephone RMathews (a)mathewsconsultinginc.com E -mail Page 5 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Short Description In the box below, write a two to three sentence description of the project phase for which funding is being provided. Construction of reclaimed water distribution system consisting of 350 LF of 2 -inch, 50 LF of 3- inch, 4,170 LF of 4 -inch and 1,315 LF of 6 -inch reclaimed water piping and associated valves, piping appurtenances, roadway repair and general conditions to serve the Area 12A, Phase 2 reclaimed water service areas. Alternative Water Source (Check the applicable boxes.) ❑ Seawater ❑ Brackish water from aquifer ❑ Sources made available through new storage capacity: ❑ Aquifer Storage & Recovery (ASR) ❑ Above ground impoundment Reclaimed water ❑ Other source designated as non - traditional in a water supply plan (List source, page number, and water supply plan title where source is identified.) Project Summary Please complete Tables 1, 2, and 3 by showing cost, funding, and the amount of alternative water this project will provide. The spreadsheet version of Table 2 is available at: http: / /www.sfwmd.gov /AWS (scroll down and click documents in the right -hand corner of the related multimedia box). Table 1. Proiect Summary Quantity of Water Made Available (mgd) This Phase (by August 29, 2014) Total Project 0.082 mgd 5.712 mgd for Areas 1, 2, 3, 4, 11, 12, 6, 7, and 8 Project Completion Dates This Phase (by August 29, 2014) Total Project August 29, 2014 August 1, 2020 Total Previous SFWMD Project Funding Year Awarded Amount Awarded Amount Spent FY 2005 $150,000 (Area 1) $150,000.00 FY 2006 $500,000 (Area 2 & 3) $500,000.00 FY 2008 $619,700 Area 4 $493,740.76 FY 2009 $1,118,000 (Area 11 A) $832,900.00 FY 2011 $210,900 (Area 11 B) $130,600.00 FY 2013 $170,000 (Area 12A — Phase 1) $170,000.00 Page 6 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) PART 3 — PROJECT DETAILS Statement of Work Provide a Statement of Work (SOW) for this project that specifically describes which tasks will be completed in FY2013 with these funds. Please use the format provided below. Examples of SOWs are available at http: / /www.sfwmd.gov /AWS (click on the "Alternative Water Supply Funding Assistance" under Related Links). It is recommended that SOWs be concise and to the point: one to two pages are recommended. A. Introduction /Background (4 — 6 paragraphs) The City of Delray Beach has established alternative water resource goals in conjunction with renewal of the City's Water Treatment Plant SFWMD Water Use Permit. Implementation of a reclaimed water system will reduce the demands on both the surficial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 12A — Phase 2" as the seventh phase of the City's total reclaimed water system, which will provide up to 0.082 mgd of additional reclaimed water use for this phase. The City plans to implement other phases of the Master Plan on a continual basis over the next 5 years, and the total program will provide up to 5.712 mgd of reclaimed water available for the entire system. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant to reduce the demands on the potable water system. B. Objectives (1 — 2 paragraphs) The objective of this project is to implement the sixth phase of the reclaimed water system within the City of Delray Beach and to promote up to 0.082 mgd of additional reclaimed water use. C. Scope of Work (3 — 6 paragraphs) This project consists of construction of reclaimed water distribution system consisting of 350 LF of 2 -inch, 50 LF of 3 -inch, 4,170 LF of 4 -inch and 1,315 LF of 6 -inch reclaimed water piping and associated valves, piping appurtenances, roadway repair and general conditions to serve the Area 12A, Phase 2 reclaimed water service areas. This project will tie distribution mains into the existing 10 -inch reclaimed water transmission piping along Gleason Street which was previously installed under the Area 12A Phase 1 project. Distribution mains will extend along the streets of Miramar Street, Ingraham Avenue, Nassau Street, Bay Street, Langer Way, MacFarlane Drive and Venetian Drive.A connection point will be provided for future phases. Page 7 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Proiect Maas Insert the following figures below. Each figure should fit on a sheet of 8.5" x 11" paper and, if applicable, should have a North arrow. Figure 1: Project Location. City or town map clearly showing the project location in relation to the nearest major street or road intersection. See Figure 1 & 2 map attached in this Section. Figure 2: Project Details. Project -level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, such as storage /chlorination tank, etc.). See Figure 1 & 2, Figure 3 and Figure 4 maps attached in this Section. Page 8 of 19 ,1e \Ti ,, : Mao, 06 a,9 2012 — s:20p , Pom\N,,, : s: \P,,j,,I, \0ei,av \1660 \Fl9u,es \FI9u,e1&2,dw9 r� oql P.S. MINI ui Q ar r o z ws ^a w' z w s" 0 LEGEND m o m M i i m SERVICE AREA IIII III! III! NINE EXIST. RECLAIMED WATER LINE & SIZE PROPOSED RECLAIMED WATER TRANSMISSION LINE & SIZE PROPOSED RECLAIMED WATER MAIN & SIZE O�Q ' : O� 0 w tQ, AREA 12A PHASE L,,,l Tab: FIGURE 2 Nl CITY OF DELRAY BEACH SCALE TECHNICAL MEMORANDUM MATHEWS r =soo soo =o soo' 00 R CONSULTING M AREA 12A RECLAIMED WATER PROJECT EN,NEERs I DateATlme : Mon, 06 Aug 2012 — 5:18pm Path \Name : 5:AProjectsADelray \1660 \FiguresAElgure3.dwg N LaS,N Tab: Layauti SCALE: 1' — 3,000' 3,000 2,000 1,000 0 3,000 w' [ CITY OF DELRAY BEACH RECLAIMED WATER MASTER PLAN �E. WATER MATHEWS CANAL 1 "- 3,000' �u� SERVICE AREA CONSULTING PROPOSED RECLAIMED WATER LINE PHASED PROJECT AREAS PROPOSED RECLAIMED C I V I L ENGINEERS WATER USERS ALTERNATIVE PIPE ROUTING Daf,Anm, : 1u,. 24 S,p 2013 — 5:26pr, Porn \Nan,, : sVP,Oj „1sAD,I,ay \1720 \Figu, „AFigu „kdwg Layauf lad. Lay,un N B d Quell idge Golf Course 0 w dre — 7 C-1 Golf Club Country Club Hill orida Per Little Club CoAOI erch aterwa Delray unes LWDO Canal L -28 °' Goli lub Hunt rs Country lub Bommn L -29 C—1 Beam �E o Gulf m Q, Counetry SCRWWTP _ Club L -30 Canal Z ■ Boyan Creek m Elementary be 6' Bay 0A n 1 ar 1 Ion 18 L Par t ighpain H gl Point 6' ighl 'heal 10' L TIC 4 L anal _ Car er Mid ool THIS PROJECT: S R 806 S R, AREA 12 A De a ShParkod an ak Beach — PHASE 2 Golf Course MIT all Cou e 0 e Ha i of our e learbroo 0 16' og0 ST SE Ot z W Q — w � es f f a evI w e Del l A Lakeview A T 6' Goli Course 0 — 6 CoAOI p LINTON BLVD v c� Delaire Da r Country IF / 16' C -15 Canal SCALE — 3,000' 3,000 2,000 1,000 0 3,000' ml CITY OF DELRAY BEACH � WATER RECLAIMED MATHEWS CANAL RECLAIMED RECLAIMED WATER SYSTEM 1- 3.000' =u= SERVICE AREA "TER LINE CONSULTING PROPOSED FUTURE EXISTING AND FUTURE SYSTEM RECLAIMED �� RECLAIMED C I V I L E N G I N E E R S WATER USE WATER LINE it i O Y m v N .O a L N 7 N Q Z E M z r•+ CD .O L a p QC9 Z rn O ti � o N U z -0 M U co O o co � Q � O N N N � ti Nj — LL 00 Cn C U) O J CU a) I` O a) C6 C LL I� _ O O ao J O ('7 > U m O p LL j CD U _0 0 O a a O ' 00 m CC6 CCU U LL N . 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L t a O ti L y, ^ 0 3 N �C) L� N - a vz OM N "'' N �Y N i E N *.- N O a N L 61)- Q p O U) 3 cn N c3 t O O ,a �L Q i N O ., O > o N O N _ N N O O N N O O LL O N AjE � v v a� a a, cnU- J N cu N N N U cu U U i 0) LL Q Q U) cu >N a) cu O cu L cu N r a Q 4-- O O O c CO Cn O) O C a) N U m O (6 O) N N O U Q 70 ~ cu aC _�cu L a) C O O N U O U � � J a) (n a� z N E 0 -0 O N L - N j (B N .O (B :5 U N cu O c E L Q Z) cu a) -2 Z) C) a Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Table 3. Deliverables Schedule for FY13 Phase (Please provide a list of tasks to be completed in FY2013.) Task Deliverable(s) Expected Construction No. Completion Date Cost ($) Electronic submittal of final project bid amount Upon contract 1 and /or vendor estimates for all tasks to be execution completed. 2 Exhibit C — Status Report December 31, N/A 2013 3 Exhibit C — Status Report March 31, 2014 N/A 4 Exhibit C — Status Report June 30, 2014 N/A General Conditions including site mobilization and 5 demobilization and maintenance of traffic (Bid items August 29, 2014 $70,000.00 1 and 2 6 Construct 350 LF of 2 -inch HDPE reclaimed water August 29, 2014 $5,250.00 main Bid Item 8 7 Construct 2,800 LF of 4 -inch PVC reclaimed water August 29, 2014 $78,000.00 main Bid Items 9 and 10 8 Construct 950 LF of 6 -inch PVC reclaimed water August 29, 2014 $31,450.00 main Bid Items 11 and 12 9 Construct 50 LF of 3 -inch HDPE DR11 Directional August 29, 2014 $2,250.00 Drill Reclaimed Water Main Bid Item 13 10 Construct 1,370 LF of 4 -inch HDPE DR11 August 29, 2014 $82,200.00 Directional Drill Reclaimed Water Main Bid Item 14 11 Construct 365 LF of 6 -inch HDPE DR11 Directional August 29, 2014 $27,375.00 Drill Reclaimed Water Main Bid Item 15 12 Install reclaimed water metered service connections August 29, 2014 $115,800.00 Bid items 26 through 30 Install valves, fittings, and all piping appurtenances, 13 and restoration (not including roadway surface) (Bid August 29, 2014 $185,850.00 Items 16 through 25, and 31 through 35 Roadway surface restoration including crack sealing, rut filling, double course micro - surfacing, mill and 14 resurface roadway, adjust valve boxes, manhole August 29, 2014 $138,100.00 tops, drainage inlets, and pavement marking restoration Bid items 78 through 82 15 Exhibit "D" — Final Project Summary Report / Final August 29, 2014 N/A Reimbursement Package Total * $736,275.00 *Deliverable /task descriptions and total cost should match the information in Table 2 for FY14. Deliverables should be descriptive (e.g., number and size of pumps, length, diameter, and location of pipelines, etc.) to help the reviewer understand what is being funded. Examples of deliverables schedules are available at http: / /www.sfwmd.gov /AWS (click on "Alternative Water Supply Funding Assistance" under Related Links). Status Reports are due within ten (10) days of due date. Correct: Installation of Floridan Well F -3, 16 -inch diameter to an approximate total depth of 950 feet. Incorrect: Floridan well installation Page 10 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) Correct: Installation of approximately 1,300 linear feet of 20 -inch reclaimed water main from XYZ Farms to ABC Road. Incorrect: 1,300' reuse main Correct: Construction of Floridan Well Head for well F -11; to include two (2) 750 hp pumps, well discharge head, electrical equipment, control panel, and well house. Incorrect: Well head construction Correct: Purchase and installation of two (2) RO skids RO 1 & 2, each 1 MGD. Incorrect: Installation of RO skid Page 11 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2 PART 4 — PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning a statement of work and deliverables schedule must appear on this document on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the document. 1. Readiness to Construct FY14 funding is for construction that will take place between October 1, 2013 and August 30, 2014. All deliverables for this project /phase are to be completed by August 29, 2014 in order to fulfill the District's contract requirements. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. • Have the project design and bid drawings been completed? • Has a contractor been selected? • Have all agreements, right -of -ways, etc. been executed? The project design is 100% complete. The project is scheduled to bid between October 15th and December 15th of 2013. The contractor will be given notice to proceed by February 1, 2014. If applicable, list all relevant permits needed to start or continue construction in Table 4 below. See Appendix B for required information from permit(s). Table 4. Permits Agency Permit No. Permit Type (Water /WW, ERP, CUP, Building) Permit Obtained? Permit Date (expected date if not obtained et Yes No None Required Page 12 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) 2. Have all necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes X No (If no, complete table below.) Other items required before construction can begin (e.g., bidding, Completion Date contractor selection). Attach additional sheet if necessary. e project is scheduled to bid between October I bth and December I bt ebruary 2013. The contractor will be given notice to proceed February 2014. 3. Provide the name of the related 2006 Water Supply Plan (WSP) project or the most recent updated WSP project title associated with the proposed work. In Appendix C, attach the page from the WSP listing the referenced project and highlight the specific project identified in the WSP. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans, and in Appendix F of the UEC plan. (Water Supply Plans can be accessed at www.sfwmd.gov under Topics, Water Supply, then Water Supply Planning). Projects are listed by county. If the project is not included in the WSP, please indicate if it is included in a 10 -year Water Supply Facility Work Plan or local government comprehensive plan and, if so, include the appropriate portion of the plan in Appendix C. Delray Beach Areas 4, 6, 8, 11 -13 Reclaimed Water System Name of 2006 Water Supply Plan Project or most recent updated WSP project title or Capital Improvement Element 4. If the project involves alternative water from a groundwater source (e.g., Floridan aquifer) the District requires electronic submission of all hydrogeologic data collected during the project. This will provide the District with a scientific understanding of the alternative groundwater resource. The District has provided a well data template for your reference at http: / /www.sfwmd.gov /AWS (scroll down and click documents in the right -hand corner of the related multimedia box). If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. Not applicable. 5. Please address each of the following factors: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. Implementation of a reclaimed water system in the City of Delray Beach offers many significant and lasting benefits. First and foremost, the reclaimed water system will reduce the demands on both the Surficial aquifer and on the City's potable water system. Secondly, the reclaimed water system will reduce the quantity of effluent discharged to the Atlantic Ocean via the South Central Regional Wastewater Treatment Plant (SCRWWTP) ocean outfall. There are long -term financial benefits associated with the project as well. Water used for reclaimed water irrigation results in an equal amount of water not requiring treatment at the City's water treatment plant, at a treatment cost savings rate of approximately $0.43/1,000 gallons. Page 13 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) b. Show how the project reduces competition for water supplies. The project fulfills water resource goals of the City's SFWMD Water Use Permit. Additionally, the project reduces dependence on a traditional water source (Surficial aquifer) identified by SFWMD as sources of limited availability, and reduces competition with other water users for the same source. The Project also increases the efficient use of reclaimed water as a source, and from a regional perspective, contributes to the use of reclaimed water where it is currently underutilized. This project facilitates Surficial aquifer protection, and provides an alternative water supply that is consistently available year- round. C. Identify the traditional source being replaced and /or any minimum flow, level, or reservation the alternative source utilized that this project is helping to implement. Explain. The traditional water source being replaced is the Surficial Aquifer. d. If the project is going to be implemented by a consumptive use permittee that has achieved the targets contained in a goal -based water conservation program approved pursuant to Section 373.227, F.S., please provide details. If not, briefly describe your conservation program. The City implements many water conservation measures within its service area, including implementation and enforcement of a Xeriscape Ordinance, ultra -low volume plumbing fixture program, and water rate structure that promotes water conservation. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied by the project (expressed in millions of gallons of water), divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. f. E The project proposes to provide an additional 0.082 mgd of reclaimed water demand to the City's reclaimed water system, at a capital construction cost of $736,275.00. This equates to 0.11 gallons of water supplied per day by the project for each capital dollar spent for construction. Indicate the percentage of the total water - producing capacity of the system that this project will provide. The City's total water producing capacity is 26.0 mgd. This phase of the project (0.082 mgd) represents 0.315% of the system capacity. The total project to date including this project (3.53 mgd) represents 13.58% of the system capacity. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? Yes. This is the main objective /goal of the project. For this project, 100% of the reclaimed water is replacing direct potable water use. Page 14 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) h. Does the project implement reuse that assists in the elimination of domestic wastewater ocean outfalls, as provided in Section 403.086(9). Yes. This project helps to eliminate the amount of wastewater effluent discharged through the South Central Regional Wastewater Treatment Plant ocean outfall during emergency conditions. i. Has the county or municipality, or the multiple counties or municipalities, in which the project is located, implemented a high -water recharge protection tax assessment program, as provided in Section 193.625. No j. Is the project going to be implemented by a multi - jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. This project is part of the South Central Regional Wastewater Treatment Plant ( SCRWWTP) Regional Reclaimed Water System which serves both the City of Delray Beach and the City of Boynton Beach. Documentation creating the entity is provided in Appendix D. k. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multi - jurisdictional water supply entity or regional water supply authority describe the plan and its goals. The SCRWWTP Regional Reclaimed Water System goal is to provide 100% reclaimed water treatment capacity and up to 100% reclaimed water use in the distribution systems serving the City of Delray Beach and the City of Boynton Beach. This project provides transmission and distribution system to reclaimed water users that will help utilize the 100% reclaimed water produced at the treatment plant. I. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a Rural Economic Development Initiative (REDI) community? List any other funds being sought and the expected date of approval. The City proposes to fund 60% of the project, with 40% cost share from SFWMD. The City is not a REDI community. No other grants are being sought at this time related to this project. M. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. The City maintains a Capital Improvement Program for various utility projects, including reclaimed water projects. A copy of the City's CIP program identifying the Area 12A Project is included with this application in Appendix E. Page 15 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) FOR REUSE PROJECTS: 6. Pursuant to subsection 373.707(9)(a -d) of the Florida Statutes, please show that reclaimed water made available through your project is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water. Also, verify that education programs are in place to inform the public about water issues, water conservation, and the importance and proper use of reclaimed water. The City of Delray Beach hereby confirms that reclaimed water use is metered at each user, that the reclaimed water rate structure is based on actual use of reclaimed water (e.g. $/1000 gallons). Refer to the City's reclaimed water rates in Appendix F. The City maintains education programs to inform the public about water issues, water conservation and the importance of proper use of reclaimed water. Education programs include, but are not limited to: • Public meetings specifically addressing the reclaimed water program • PowerPoint presentations for the reclaimed water program • Reclaimed water brochures • Water conservation brochures 7. Please provide the following information in electronic format, such as shape files or AutoCADO. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. c. Existing and proposed reclaimed water end users. An electronic copy of the City's service area boundary, existing and proposed reclaimed water distribution lines and reclaimed water end users is included with this application in Appendix G. Page 16 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) 8. In the table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Table 5. Reclaimed Water Users Name User Demand (MGD) Has an agreement been executed? (Y/N) Estimated Connection Date Area 12A — Phase 2 Residential 0.082 N /A* August 2014 Total user demand 0.082 N/A N/A Proposed project capacity 5.712 total ** N/A N/A *The City maintains a Reclaimed Water Ordinance in lieu of agreements. * *Includes existing, proposed and future phases. Page 17 of 19 Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2 South Florida Water Management District FY2014 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, _Rcyr' e.r,i ./_._, rfi<'c �NSSKI (Authorized Representative of the project owner) this day of 2013 who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2)The undersigned represents that the described deliverables for this phase of the project will be completed and invoiced no later than August 29, 2014. 3)The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this 1st day of February in the year 2014. 4) The undersigned represents that the project owner understands the alternative water supply project contract expiration is September 30, 2014, and further understands that if construction is not completed by that date, the South Florida Water Management District reserves the right to rescind alternative water supply funding for Fiscal Year 2014. STATE OF F COUNTY OF Project Owner's Representative Print Name c'x . SWORN TO and subscribed before me day of J e � 4) ( t ; 2014. O Such person(s) (Notary Public must check applicable box): [ ] is/are personally known to me. [ ] produced a current driver license(s). [ ] produced as identification: (NOTARY PUBLIC SEAL) MMUNLY M. *my Daft - Q�ft e1 gerW • Mfr COnIIR. &WU XW 0.2013 Coe SOM i EE 144031 �� fnnd�d Through Nrew W" Aan. Page 18 of 19 rr Z ft_,t Notary P blic Project Name: City of Delray Beach Area 12A Reclaimed Water System (Phase 2) APPENDICES Appendix A: Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document referenced in the Introduction /Background Section of this document). Bid Documents Contractor Selection Right -of -way or other agreements Draft Contract Documents for the project are attached. Appendix B: Permit Supporting Documentation (Attach copies of first five pages and the signature page of the ep rmits referenced in Table 4, Introduction /Background Section of this document. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) FDEP Permit not required. Refer to Page 12 of 19 of this Application. Appendix C: Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan showing the project that the proposed project is helping implement and highlight the project. A list of projects can be found in Appendix A for the 2006 Lower West Coast, Lower East Cost, and Kissimmee Basin WSPs or Appendix C in the case of the Upper East Coast Region of the 2011 WSP). Water Supply Plan project page is attached. Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. Page 19 of 19 Alternative Water Supply Funding for FY2014 Aaaendix A Contract Documents and Agreements Supporting Documentation AGREEMENT Article 4. CONTRACT SU [remainder of page left blank intentionally] I_'I Article 5. CONTRACT TIME; LIQUIDATED DAMAGES. 5.1 The work for Phase 2 will be substantially completed within 150 calendar days from the date of the issuance of the Notice to Proceed, and completed and ready for final payment in accordance with paragraph 15.13 of the General Conditions within 30 calendar days from the date of Substantial Completion 5.2 Liquidated Damages. The CITY and CONTRACTOR recognize that time is of the es- sence of this Agreement and that the CITY will suffer financial loss if the Work is not completed within the times specified in paragraph 5.1 above, plus any extensions thereof allowed in accordance with Article 13 of the General Conditions. The scope of work must be completed no later than August 23, 2014, in order to be eligible for the early completion bonus. A bonus of $1,000.00 per day will be earned b y the contracto r for final co mpletion of all work as stipula ted in the co ntract do cuments, prior to Au gust 23, 2014 . Liquidated damages of $2,000.00 per day will be assessed per day, for not meeting the final completion date of 30 days after the date of substantial completion. Also, liquidated d amages o f $1,000.00 per da y will be assessed for not meeting th e substantial completion date of 150 calendar days from NTP. The contractor must ass ume that all work is to be perfo rmed during normal Cit y work hours, Monday through Friday, 7:30am to 4:30pm. Work beyond these hours, or weekend work may be allowed on a case by case basis, but must not be relied upon by the contractor for achieving the August 23, 2013 deadline. No co nsideration (additi onal time) will be allo wed for del ays such as weather, material availability, etc. A maximum of 15 days bonus may be earned ($15,000). Article 6. PAYMENT PROCEDURES. ,OYF CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the Construction Management Technician as provided in the General Conditions. Environmental Services Department Main Administration Building 434 South Swinton Avenue Delray Beach, Florida 33444 Atten tion: Construction Management Technician 6.1 Progress Payments. The CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as rec- ommended by CONSULTANT, on or about the First day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 3.6.3 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. FEW 6.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the work completed until 50% of the work has been completed and installed, then payment may be made in an amount equal to 95% of the work completed, but in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or the CITY may withhold, in accordance with paragraph 15.7 of the General Conditions. 6.1.2. Prior to Substantial Completion, progress payments for materials and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the CITY, as provided in paragraph 15.2 of the General Conditions, will be made in an amount equal to 0% as established by the schedule of values. Ask 6.1.3 The CITY is entitled to withhold amounts due CONTRACTOR for any defective or non - conforming work or for liquidated damages. 6.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 15.13 of the General Conditions, the CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 15.13. Article 7. SUBCONTRACTS. 1%e"'%* No more than 4 0% of dollar v alue of th a total con tract work may be acc omolished b subcontractors. Balance of work must be accomplished by selected CONTRACTOR'S own forces. h Article 8. CONTRACTOR'S REPRESENTATIONS. uhhoo In order to induce the CITY to enter into this Agreement CONTRACTOR makes the following representations: 8.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and EM conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions 8.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 8.5 CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CONSULTANT is acceptable to CONTRACTOR. Article 9. NO DAMAGES FOR DELAY. 9.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 9.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and CONTRACTOR, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 9.3 CONTRACTOR agrees to commence the Work when directed by the CITY and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the CITY shall not be delayed by any act or omission of CONTRACTOR in completion of the Project within the time specified above. 9.4 CONTRACTOR shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the CITY, such act, hindrance or delay may only entitle the CONTRACTOR to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. 9.4.1 And extension of time to complete the Work shall be determined by the CONSULTANT provided the CONTRACTOR provides CONSULTANT and CITY with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 9.4.2 In the event the request for extension is not made in writing within that twenty day time period, CONTRACTOR acknowledges and agrees it has forever waived any and all rights to such an extension. 9.4.3 All extensions of time shall be authorized only by a written change order executed by the CITY, CONSULTANT and CONTRACTOR; in the absence of a written and fully executed change order, CONTRACTOR shall not be entitled to any claim for additional time. 9.4.4 This "no damage for delay" provision shall encompass any damages for delay or disruption even if the CONTRACTOR completes construction of the Work in a timely fashion in accordance with this Contract. 9.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and /or punitive damages. FEW 9.4.6 The CONTRACTOR recognizes and specifically acknowledges the terms and conditions of this "no damage for delay" clause upon execution of this Contract. Article 10. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the CITY and CONTRACTOR concerning the Work consist of the following: 10.1. Advertisement for Bids. 10.2. Instructions to Bidders. 10.3. Bid Proposal Form. 10.4. CONTRACTOR'S Bid marked exhibit 10.5. 10.6. 10.7. 10.8. 10.9. 10.10. 10.11. 10.12. 10.13. 10.14. 10.15. 10.16. Bid Bond. (Not Used) This Agreement. Exhibits to this Agreement. Florida Performance Bond. no (Not Used) 10.17. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. 10.18. Technical Specifications as listed in TABLE OF CONTENTS thereof. 10.19. Drawings, consisting of 38 sheets numbered from GG =1 to DD =6, dated December 2012 with each sheet bearing the following general title: RECLAIMED WATER EXPANSION - AREA 12A (PHASE 2) City of Delray Beach Project No. 2014 -029 Bid No. FEW Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of CONSULTING and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for CONSULTING and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 13. MISCELLANEOUS. 13.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 13.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.3. The CITY and CONTRACTOR each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and FEW legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 13.4 The agreement shall be void if not signed by both the CITY and the CONTRACTOR. Article 14. CITY PROVISIONS. None Provided. [Remainder of this page left blank intentionally] EM IN WITNESS WHEREOF, the CITY and CONTRACTOR have caused this Agreement to be executed the day and year shown below. This Agreement will be effective on CITY OF DELRAY BEACH, FLORIDA By: Mayor (type or print) ATTEST: City Clerk of the City of Delray Beach Approved as to Form and Legal Sufficiency: City Attorney ,L1 Address for giving no to the City: Environmental Services Engineering Division 434 S. Swinton Ave. Delray Beach, FL 33444 CONTRACTOR FEW Address for giving notices: (Type or Print Clearly) Agent for service of process: (If CONTRACTOR Partnership attach to sign.) is a corporation, or evidence of authority Alternative Water Supply Funding for FY2014 Aaaendix B Permit Supporting Documentation* *Reclaimed Water Permit Not Required. Only large (major) reclaimed water users greater than 0.10 mgd need to be permitted through the Florida Department of Environmental Protection. All users within Area 12A — Phase 2 will be less than 0.10 mgd. Alternative Water Supply Funding for FY2014 Aaaendix C Water Supply Plan Project Supporting Documentation F_ F C V �yy 4J •t, 0. :1 CL a 3 C a R H 10 2T CL Ln FIO M O 4` IC1 •Q O [I'Y IPI 1Y Y'1 N O O O G O h d b' /■7 H N Q _ f-1 ir, -D M pp It7 O Lf} CA ra � Q O O O 6 o C7 Yn 4t m TM O S`i Cl b r.i Wb sA N p�CR Qr pr '� r .6 Q• +O fU fwi O 4 O L+ y O N b V f4 �G u� Y1 �q � � +8 a +G pp Q pO 4 f`Y 4�'Y � prvi S7 � •O C Q Ir 0 6 n[ +6 Lei rvi YV tY +�+ °a Z5 t5 25 fz C [j b b O rrryn a «o' eo 4D G 5 H ti 4i E_ E t9 E -5 d Q K GC �' � i� ♦a IG SJ 4!'i �x � � �0 L d � � aI7 Q A U g� u r C a M �? a ! v� 4 E M hl a o b E rw Y � E to w m c N W w fV 4 p O C 6 Lcl� Q_ cEn ° °' mom' ° a� c7i yy � � G V} G Y7 G } LL � GC 1 J J V1 LL r{ W � U .c v z U x U u m dJ r _ W 14 4Q EF C3 41 m �] M �yyy 40 L r yV cyy ea LP m y � 3&! IG W iE GR1 i9 dl m am am am G.� S� SGG CKS aca �m OO v v 0 W �+ b .q Q � ri ■ R ■ ■ a 3 n 8 d i! a 3 i� 21 CL Q 7 VY Alternative Water Supply Funding for FY2014 ADDendix D Interlocal Agreement between the Cities of Delray Beach and Boynton Beach Establishing the Regional Facility - South Central Regional Wastewater Treatment and Disposal Facility Auenda Item 13 AMENDED AND RESTATED INTERLOCAL AGREEMENT 011 i°f THE DELIVER "11 RN[; USEE Of rri %yllii! e IGPPMATi.P"iKI AIA r`b This Amended and Restated Interiocai Agreement (the "Agreement ") is made this )l, between the CITY OF DELRAY BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida, located in palr,. Beach County, Florida (hereinafter "DELRAY ") and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Chapter 153, Florida Statutes (hereinafter "BOARD ") WITNESSETH WHEREAS, BOARD maintains and operates an area -wide Wastewater Treatment and Disposal system ( "Regional Facility ") which is capable of producing reclaimed water which may be used for productive and beneficial purposes and agricultural and urban irrigation in accordance with local, state and federal guidelines; and WHEREAS, the BOARD is a Special district created by an Interlocal Agreement between DELRAY and the City of Boynton Beach, Florida for the purpose of treating and disposing of wastewater produced by the customers of DELRAY and the City of Boynton Beach, as well as producing and distributing reclaimed water therefrom; and WHEREAS, in allocating the available reclaimed water capacity of the Regional Facility DELRAY agrees to share such available reclaimed water capacity (determined as hereinafter set forth) with the City of Boynton Beach on a 50/50 basis as herein provided, and WHEREAS, the BOARD entered into contracts with The Country Club of Florida, Hunters Run Golf & Racquet Club, Quail Ridge Country Club, Inc., Delray Dunes Golf and Country Club, Delray Reclaim interlocal Agr Oct 2009 and Pine Tree Golf Club (collectively in this Agreement "Golf Course Contracts ") to reserve and deliver reclaimed water, and WHEREAS, the BOARD itself uses a certain amount of reclaimed water on the site of the Regional Facility ( "BOARD's Use"), and WHEREAS for purposes of determining the 50/50 5n1',k ^f � ��, i � +�_ i'•rT '•0 1J r.J IL V1 available reclaimed water capacity between DELRAY and Boynton Beach, DELRAY agrees that the available reclaimed water capacity to be split shall be determined by taking the total reclaim water capacity of the BOARD, LESS the following: (i) the amount required to be reserved and delivered by the BOARD under the Golf Course Contracts and (ii) the amount for the Board's Use, and WHEREAS, the BOARD agrees, subject to the provisions of this Agreement, to deliver reclaimed water to DELRAY and DELRAY agrees to receive and beneficially use this reclaimed water in accordance with the purposes and requirements set forth in this Agreement; and WHEREAS, the BOARD and DELRAY have previously entered into an Interlocai Agreement for the Delivery and Use of Reclaimed irrigation Water ( "Previous Agreement "), and WHEREAS, this Agreement amends, restates and replaces in its entirety the Previous Agreement, and WHEREAS, local governments are encouraged to implement programs for the use of reclaimed water in the State of Florida. NOW, THEREFORE, based upon the foregoing and incorporating the above WHEREAS clauses herein, the parties agree to the following terms and conditions: 1. DELIVERY AND DELIVERY POINTS BOARD shall deliver to DELRAY reclaimed water produced by BOARD at the Regional F=acility in the amounts agreed to under this Agreement and DELRAY shall accept and use such Page 2 of 16 reclaimed water to fulfill its irrigation needs, unless the flow is unavailable. Such reclaimed water shall be delivered to the locations hereinafter designated as "Delivery Point 1" and "Delivery Point 2 ". (a) Delivery Point 1 is located at the point where the existing reclaimed water pipeline owned and operated by DELRAY intersects with the southern property boundary line of the real property on which the Regional Facility is located (such real property owned jointly by DELRAY and the City of Boynton Beach). (b) Delivery Point 2 is located on the BOARD's ocean outfall line at the point that is approximately at the following address: 280 NE 4th St., Delray Beach, Fl., the specific point being the location of a "tee tap in" which is shown on the plans and specifications related thereto which have been previously furnished to the BOARD. The tee tap in is also graphically shown on the drawing attached hereto as Exhibit 1 and is referred to in this Agreement as the "Tee Tap !n ". The BOA11 delivery of reclaimed water to Delivery Point 2 and DELRAY's use of reclaimed water from this Delivery Point 2 is subject to the following terms and conditions, in addition to, the other requirements of this Agreement: (1) As of the date of this Agreement, the Tee Tap In has been constructed and installed by DELRAY, at its expense, pursuant to a prior approval from the BOARD to allow its construction. Also, in connection with the construction and installation of the Tee Tap In DELRAY has constructed and installed, at its expense, a valve adjacent to Delivery Point 2 which DELRAY shall utilize to control the flow of reclaimed water from the ocean outfall line to its customers ( "Delivery Point 2 Control Valve "). This Delivery Point 2 Control Valve is graphically shown on Exhibit 1. DELRAY shall at all times maintain the Delivery Point 2 Control Valve in good working condition in compliance with local, state, Page 3of16 and Federal, laws and regulations. DELRAY shall at all times be required to operate Delivery Point 2 Control Valve in compliance with local, state, and Federal, laws and regulations. The BOARD shall have the right to inspect the Delivery Point 2 Control Valve from time to time and test its operational capabilities. (2) Prior to any use of Delivery Point 2 by DELRAY, DELRAY shall submit plans and specifications (including construction schedule) to the BOARD for DELRAY's construction and installation of an ocean outfall control valve (including valve vault and ECC Reducers) and telemetry equipment. The ocean outfall control valve (including valve vault and ECC Reducers) are graphically shown on Exhibit 1 and are collectively referred to in this Agreement as "Ocean Outfall Control Valve ". The purpose and function of the Ocean Outfall Control Valve is to serve as the means by which the BOARD may allow or stop, flows from going through the ocean outfall line to the termination point of the ocean outfall line in the Atlantic Ocean. The purpose and function of the telemetry equipment shall be that it shall enable the BOARD, from the site of the Regional Facility, to open and close the Ocean Outfall Control Valve (the valve shall also be enabled to be opened and closed manually by the BOARD). The Tee Tap In, the Ocean Outfall Control Valve and telemetry equipment are collectively referred to in this Agreement as "outfall Equipment ". The BOARD shall have the right to approve or disapprove of the plans and specifications. DELRAY shall maize such modifications to the plans and specifications as the BOARD shall require. The plans and specifications which are ultimately approved by the BOARD are referred to in this Agreement as "Approved Plans ". The construction and installation of the Outfall Equipment shall be at the sole cost of DELRAY which shall include but not limited to the cost of obtaining all permits. The BOARD shall not be Page 4 of 16 required to expend any funds in connection with the approval, installation and construction of the Outfall Equipment. (3) Following completion of the construction and installation of the Outfall Equipment by DELRAY, at its expense, in accordance with the Approved Plans and final certification by all applicable regulatory agencies, DELRAY shall convey to the BOARD the ovnership and title to the Outfall Equipment through delivery of a standard form Bill of Sale free and clear of all liens and encumbrances, DELRAY shall not use Delivery Point 2 to receive reclaimed water until after DELRAY has delivered the foregoing Bill of Sale to the BOARD unless the BOARD gives written approval for interim use prior to such delivery. DELRAY agrees to warrant the Outfall Equipment for a period of one (1) year commencing upon the date of delivery of the Bill of Sale to the BOARD. In the event of any defect in the operation of, or in the workmanship or in the equipment or materials of the Outfall Equipment, and upon receipt of written notice from the BOARD, DELRAY shall promptly take all steps necessary to repair the Outfall Equipment. In the event DELRAY fails to make the repairs following written notice, the BOARD may make the repairs and bill DELRAY for the cost of the repairs. Notwithstanding the foregoing, in the event of an emergency as determined by the BOARD, the BOARD shall not be required to give any prior notice to DELRAY and BOARD shall be authorized to correct any such defect and bill DELRAY for the cost of repairs. (4) DELRAY agrees that its use of the BOARD's ocean outfall line for receipt of reclaimed water shall always be subject to and subordinate to the BOARD's ownership, control and priority right of use of the ocean outfall line. DELRAY acknowledges that the BOARD has exclusive ownership and control of the ocean outfall line and, upon receipt of the Bill of Page 5 of 16 Sale, referred to above, shall have exclusive ownership and control of Outfall Equipment. At any time, and from time to time, when the BOARD determines that it is necessary or appropriate for the BOARD to use the ocean outfall or that it is necessary or appropriate for the BOARD for any reason whatsoever to stop DELRAY's use of the ocean outfall to receive reclaimed water, the BOARD shall have the aiisviiite right to require DELRAY to close the Delivery Point 2 Control Valve to preclude DELRAY from receiving reclaimed water through the BOARD's ocean outfall. DELRAY releases BOARD, its Board members, officials, officers and employees from, and waives all, actions, cause and causes of action, suits, damages, fines, penalties, losses, liabilities, sums of money, judgments, executions, claims and demands, costs, charges, and expenses whatsoever, in law or in equity which could arise from or do arise from, or are related in any way, to the BOARD requiring DELRAY at any time and from time to time to close the Delivery Point 2 Control Valve and thereby preventing DELRAY's use of the ocean outfall as a delivery point for reclaimed water. In addition, once the Delivery Point 2 Control Valve has been closed it will not be reopened and DELRAY shall not receive reclaimed water from Delivery Point 2 until the BOARD has provided written notice to DELRAY that DELRAY may reopen the Delivery Point 2 Control Valve. The BOARD shall have the absolute right to open and close the Ocean Outfall Control Valve and to require DELRAY to open and close the Delivery Point 2 Control Valve , from time to time, as the BOARD deems appropriate. (5) DELRAY hereby accepts its use of the ocean outfall and the condition of the ocean outfall in "As Is" is condition without warranty or representation of the BOARD and the Board shall not be responsible or liable to DELRAY for any reason whatsoever, including Page 6 of 16 without limitation, any claims or demands or cause or causes of action for compensation, damages, losses, liabilities, sums of money, costs, charges, or expenses, whether caused by or related to physical condition(s) of the ocean outfall, physical condition(s) of the ground (surface or subsurface), including but not limited to lack of stability of the ground, moving, shifting, settlement of ground, or displacement of materials or caused by or related to fire, water, windstorm, vandalism, theft, tornado, hurricane, act of God or State of war, civilian commotion or riot, or any other cause. (6) The BOARD will maintain at its expense the ocean outfall and, after the 1 year warranty period, the BOARD shall maintain at its expense the Outfall Equipment. (7) DELRAY agrees to protect, defend, reimburse, indemnify and hold Board (and the elected officials serving as board members), and the Board's officers, employees and agents, and each of them free and harmless at all times from and against any and all suits, actions, legal or administrative proceedings, claims, fines, penalties, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission or fault whether active or passive of DELRAY or anyone acting under its direction or control, or on its behalf in connection with or related in any way to: (i) DELRAY's use, construction, installation, warranty, or maintenance of the Outfall Equipment or (ii) DELRAY's use of the ocean outfall for receipt of reclaimed water under this Agreement. DELRAY's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the Board, its respective agents, servants, Page 7of1.6 employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived under this paragraph. The BOARD shall perform its obligations of delivery of reclaimed water as set forth in this Agreement and DELRAY shall perform its obligation of acceptance of and use such water as cat forth in this Agreement. 2. TERM OF AGREEMENT, AMOUNT OF RECLAIMED WATER AVAILABLE TO BE DELIVERED, COSTS AND METERING (a) Once effective, this Agreement shall continue indefinitely unless terminated by either party as provided in paragraph 11 hereafter. (b) For purposes of this Agreement the amount of reclaimed water available to be distributed and delivered by the BOARD to DELRAY shall be determined as follows: The total reclaimed water capacity of the Regional Facility LESS the following deductions: (i) the amount required to be reserved and delivered by the BOARD under the Golf Course Contracts and, (R) the amount for the Board's Use. After taking the foregoing deductions "off the top" of the BOARD's total reclaimed water capacity, the BOARD will make available to DELRAY up to fifty percent (50 %) of the remaining reclaimed water produced by the Regional Facility. DELRAY may receive such amounts of reclaimed water from Delivery Point 1 and Delivery Point 2 as it shall determine, provided however, the total amount that DELRAY may receive shall not exceed, in total, DELRAY's 50% share of remaining reclaimed water as determined in this paragraph. (c) DELRAY BEACH will pay to the BOARD a monthly consumption charge which will be adjusted annually effective October 1 of each year based upon the rate set by the BOARD. The BOARD will determine DELRAY's monthly consumption based upon readings of the BOARD's meters located on the site of the Regional Facility. Page 8 of 16 (d) Notwithstanding anything in this Agreement, DELRAY agrees that should a shortfall of supply occur, DELRAY will not receive any reclaimed water until after the BOARD has reserved or delivered in full: (i) the amount of reclaimed water that the BOARD is obligated to reserve and deliver under the Golf Course Contracts and (ii) the amount for BOARD's Use. 3. USE OF RECLAIMED WATER AND RESPONSIBILITY FOR IRRIGATIONS SYSTEM (a) DELRAY shall use reclaimed water delivered by the BOARD for irrigation or for other non - potable purposes in any manner determined by DELRAY, except that use, distribution, application, and discharge of reclaimed water, and, the operation and maintenance of the systems to use, distribute, apply, and discharge reclaimed water shall comply with local, state, and federal laws, rules, and regulations. (b) DELRAY shall be solely responsible for the operation and maintenance of all portions of the distribution and irrigation systems located within the subject property boundaries specified in Exhibit 2 attached hereto. 4. WATER QUALITY The BOARD agrees that reclaimed water delivered under this Agreement shall meet or exceed the requirements of Chapter 62 -610, Part 111, Florida Administrative Code. 5. OPERATING PRESSURE RANGE FOR DELIVERY AND BOARD ACCESS The normal operating pressure range for the reclaimed water system is between 50 psi and 70 psi. The BOARD will make every effort to deliver reclaimed water at a minimum of 60 psi at point of delivery. Should DELRAY wish to alter the reclaimed water operating delivery pressure, it shall be DELRAY'S sole responsibility to do so at the meter to its customers' service. Reclaimed water shall be delivered by the BOARD to only Delivery Point 1 and Delivery Point 2. DELRAY hereby provides an easement to the BOARD to enter on DELRAY'S property for the Page 9 of 16 purposes of access to monitoring wells, as discussed herein, if applicable for inspection, and to determine compliance of the use of reclaimed water of the distribution system. The BOARD will, at its expense operate and maintain the transmission lines (located on the site of the Regional Facility) to Delivery Point 1. DELRAY shall not request more reclaimed water than can be beneficially used by DELRAY. 6. DELIVERY OF RECLAIMED WATER UNDER ADVERSE CONDITIONS Unforeseen circumstances may necessitate modifications of normal delivery of reclaimed water. if the BOARD's system or DELRAY'S transmission or distribution system fails for reasons or events beyond either party's control then delivery of reclaimed water under this Agreement may be interrupted or limited in quantity. The BOARD and DELRAY shall make all reasonable efforts to make prompt repairs to their respective system, Each party shall be obligated to the other to provide immediate oral notice followed by prompt written notice (facsimile shall be deemed sufficient notice) of such failures so that alternate systems may be put into operation as soon as possible. Nothing in this Agreement shall require the interconnection of the Regional Facility to provide additional flow to DELRAY. 7. TEMPORARY SUSPENSION OF DELIVERY The BOARD may suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the parameters for water quality set forth in Chapter 62 -610, Part 111, Florida Administrative Code. Subject to the other provisions of this Agreement DELRAY may keep a permitted backup supply to replace this reciaimed water should it become unavailable for whatever reason. Page 10 of 26 8. OPERATION AND MAINTENANCE PRACTICES DELRAY will use and apply reclaimed water in accordance with all applicable local, state, and federal laws, rules and regulations. Irrigation practices are to be limited to those areas permissible by the Department of Environmental Protection and within the area identified in Exhibit 2 of this Agreement. Reclaimed water irrigation systems shall protect human health and the environment; which includes but is not limited to the following: (a) DELRAY shall install Reclaimed Water advisory signs as appropriate. The signs shall be installed and properly maintained by DELRAY around sites utilizing reclaimed water to designate the nature of the water and its non - potability. In compliance with applicable rules and the following items: Property access points Along road frontage Along adjoining residential usage For (Spanish) speaking employees — use signs in Spanish For golf courses — sign at first and tenth tee (b) DELRAY will take reasonable precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. (c) DELRAY shall ensure that no cross - connections are made between the reclaimed water system and other water systems, which includes the installation of backflow prevention devices on the potable water system and on existing wells that are to remain connected for either potable water usage or for irrigation system purposes. The installation of backflow devices shall adhere to DELRAY'S cosies and regulations, as amended. DELRAY shall be responsible for ensuring the installation of the required backflow preventing devices. Page 11 of 16 (d) DELRAY shall take reasonable precautions to inform its employees, agents residents, and invitees of the reclaimed water system, to prevent its inadvertent human consumption. In addition, DELRAY shall as required by applicable laws and regulations, inform all existing residents and new residents regarding the proper use of reclaimed water. (e) All costs for operating and maintaining DELRAY'S irrigation distribution system shall be paid by DELRAY. 9. MONITORING (a) DELRAY shall give its approval to the BOARD to conduct soil borings and locate monitoring wells, as applicable, on the property areas agreeable to DELRAY so as not to interfere with DELRAY'S operations. These monitoring wells shall be installed and sampled at periodic intervals by the BOARD, at its option. (b) The BOARD shall be responsible fur all permits to install monitoring veils and be responsible for abandonment of the well should it no longer be necessary for monitoring. 10. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS If for any reason during the term of this Agreement, governmental agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission, or distribution systems or, in the application and use of reclaimed water by DELRAY, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from performance thereof and this Agreement shall be amended by the parties hereto in conformity with such permits, approvals, or requirements, if continued performance of the Agreement is not possible, the Agreement shall be terminated. Page 12 of 16 11. TERMINATION OF AGREEMENT Either party shall have the right to terminate this Agreement upon sixty (60) days written notice to the other party. 12. DISCLAIMER OF REPRESENTATION AND WARRANTIES The BOARD does not represent or warrant that the reclaimed water delivered shall increase the productivity of the land described in Exhibit "2" or result in changes of any kind to the land, crops or vegetation. 13. NOTICES Ali notices required or authorized under this Agreement shall be given in writing and shall be delivered by U.S. mail, overnight courier or by hand delivery to the party or parties, addressed as follows: if to the DELRAY: Mr. David Darden City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 With a copy to: Mr. Brian Shutt City Attorney 200 N.W. First Avenue Delray Beach, FL 33444 If to the BOARD: Mr. Dennis Coates Executive Director South Central Regional Wastewater Treatment & Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 With a copy to: Mr. Roger G. Saberson Roger G. Saberson, P.A. 70 Southeast 41h Avenue Delray Beach, FL 33483 -4514 14. INSPECTION Page 13 of 16 The BOARD shall have the right, when reasonably necessary, to allow BOARD employees or agents to enter upon the subject properties to inspect DELRAY'S operating and maintenance practices, to inspect meters, irrigation equipment, monitoring wells, potential cross connections, flowage, and the like, as they relate to this Agreement. 15. HOLD HARMLESS. To the extent permitted by law, DELRAY shall hold the BOARD, its board members, officials, employees, agents, assigns, contractors and subcontractors harmless for: (i) any damage caused by the BOARD's inability to deliver reclaimed water to the Delivery Point 1 or Delivery Point 2 and (ii) any damage which occurs as a result of the quality of the reclaimed water so long as it meets the standards outlined in paragraph 4. 16. DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue to, by reason hereof, the benefit of any third party not a party hereto. 17. SEVERABILITY If any part of this Agreement or any application thereof to any person or circumstance is declared invalid for any reason, then such part, section, subsection, or other portion or the prescribed application thereof, shall be severable and the remaining provisions of this Agreement, and all applications thereof not having been declared invalid, shall remain in effect. 18. APPLICABLE LAW This Agreement shall be construed according to the laws of Florida and any action regarding this Agreement shall be filed in the Fifteenth Judicial Circuit in and for Palm Beach County. Page 14 of 16 19. BOARD REPRESENTATIVE The BOARD's representative to act on behalf of the BOARD in the administration, interpretation, application, and enforcement of this Agreement shall be the Executive Director of the BOARD or his designee. 20, EXHIBITS AND ADDENDUM This Agreement incorporates the following exhibits and addendum which are specifically made a part hereof. Exhibit "1 "- Drawing showing a graphic representation of the Tee Tap In, Ocean Outfail Control Valve and Delivery Point 2 Control Valve. Exhibit "2 "- Map of DELRAY service area. THIS WRITING (with Exhibit "1" and Exhibit "2 ") constitutes the entire Agreement between the parties and has been entered into voluntarily and with independent advice and legal counsel and has been executed by the authorized representative of each party on the date written below Modifications to and waivers of the provisions herein shall be made only in writing by the parties hereto. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 15 of 16 SIGNED AND SEALED this i5�K day of ��htoEf 12009. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT ANA DISPOSAL BOARD Y• Printed Name: Woodrow Hay Title: Executive Director ATTEST: Y Printed Name: Dennis L. Coates Title: Executive Director Approved as to legal form and sufficiency: Roger Saberson CITY OF D£l_RAYBEACH By: Y u Printed Name: �- Title: ATTEST: w�. City Clerk Approved as to legal f rm a : d sufficiency: Arl City Attorney's Office 's Page 16 of 16 �HTB�T "c _' ' F � � .....�.. -m -gym ,..�...F...._... Alternative Water Supply Funding for FY2014 Aaaendix E City of Delray Beach Capital Improvement Projects (CIP) Table IL W 0 0 0 0 00 T r r r O O O O O n coo 0 0 ea r N 000 N c m n o 0 o n N r (0000 CO V O T O T r M N N i0 N m r LL 0 ° O O N 0 0 0 0 0 OT O N CL N LO r coo P T CO) coo co 0 r 0 T T r7 N N w r r N N to M f0 N r O r T 0 0 LO 0 0 O T N O O O N O O O N M o O o 6� 00 M 0) N O 00 rT Yi N O } T T U. 0 O O 0 10 R7 OOO In r N O CL CL N M N O o 0 N r N } r N LL m0 M O O N T n N N O N O 10 0 0 0 0 0 O M N LO 0 0 0 N N N Z G IO 00 n N T T T N l0 n N N J IL r M L) N 0 0 r 0 x 0 M M x m x x M 0 M 0 LO m 0 W Z r a v en x r m m X ui x x oc W 4 v v y r m M M m m x M v g x m If x m m en M M M M 9 �c m m eo m ce m m cb ao � m m cc ro m � �n eo cc M M M M M M M M M M M M M M M M M M M M L? in in L� L� Ln w w in 19 }moo N 0)N00 ro- W N r m1l- 00 T- > J r x 0 0 0 N C O m ti n ti N LLI V- W r r T N Y r r 0 r r !' r 0 r O a } N M LL L O � U J a a U C — C r- o�IOaOQm— Ea W U iL. u X Q O O �_ CX d L- x m Lq� U z es M v m Ems, L 0 U >r s' �aa� �-*+�m z Q O2a D my m.�.. y Z N 3= L lfl 1E 16 L R U -�, o CL 0 0 m ..° km m Im.r m m (D moo m� z m S E y `� Q� mf�Aaaa'la'ltl U 0 a` HQ aaLLadc7mmwwwwxww0tVw0 O} m ff C 7 H j O y m 0 0: w a to ti o �t�CC 1r Z) atioa`7 rw Z 0Emmy uj O Om d m� o ea W m o Z� � (� Z F y N p Ti y um3 o a.m 0 n 0 0 0 0 00 T r r r 00 00 ° O O O 10 O O n N n" 0 0 ai n N N i0 N m r 0 0 0 0 ° O O N N N O r m r 0 O O O O O O O O N N 0 117 N fh a N N to M f0 N r O r T 117 r 0 co K7 O to O O O N N 00 M 0) N N N 0 O N 0 O O 0 10 1L O O N N LO n O N It O O N NC 0 O CO ID ONO m0 M O O N T n N N O N O 10 r MM wt- Isla it N r- cm 900 N r N,qFLL70 O N M qr o0; U;0N N r T r LO T N CO N Rt N N r M 0 0 r 0 x 0 M M x m x x M 0 M 0 LO m 0 r a v en x r m m X ui x x oc W 4 v v y r m M M m m x M v g x m If x m m en M M M M 9 �c m m eo m ce m m cb ao � m m cc ro m � �n eo cc M M M M M M M M M M M M M M M M M M M M L? in in L� L� Ln w w in 19 m eo ec ea � �a �a m era aro w era ec w m m eo w w w I I It M 0 n 0 r 5 17 0 0 in W p m m o 0 ti a 0 r r T N Y r r 0 r r !' r 0 r n r t9 T � U C — C r- o�IOaOQm— Ea W W CL � m�� 3 m 0 �_ CX d L- E �Oi E m m E E04Lu m m 0 M0 L L 41 z m Ems, L 0 U >r s' �aa� �-*+�m Q O2a D my m.�.. y Z N 3= L lfl 1E 16 L R U -�, o CL 0 m ..° km m Im.r m m (D moo m� z m y `� Q� mf�Aaaa'la'ltl W9aE0(D0EEEvvesaUd'Q- "�'� -'r�o HQ aaLLadc7mmwwwwxww0tVw0 O} 1"L` ff Alternative Water Supply Funding for FY2014 Appendix F City of Delray Beach Reclaimed Water Rates and Ordinance Municode Page 1 of 7 Delray Beach, Florida, Code of Ordinances >> - >> CODE OF ORDINANCES - >> TITLE 5 - PUBLIC WORKS >> CHAPTER 59. - RECLAIMED WATER >> CHAPTER 59. - RECLAIMED WATER Sec. 59.01. - AUTHORITY AND PURPOSE. Sec. 59.02. - APPLICABILITY. Sec. 59.03. - OBJECTIVE. Sec. 59.04. - DEFINITIONS. Sec. 59.05. - ADOPTION OF CHAPTER 62 -610, FLORIDA ADMINISTRATIVE CODE. Sec. 59.06. - USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA. Sec. 59.07. - CONNECTION TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. Sec. 59.08. - ACCESS TO WATER METERS. Sec. 59.09. - FEES, RATES AND CHARGES. Sec. 59.10. - INSPECTIONS. Sec. 59.11. - CONTROL OF BACKFLOW AND CROSS CONNECTION. Sec. 59.12. - DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. Sec. 59.13. - APPROVED USES OF RECLAIMED WATER: HOURS OF USE FOR IRRIGATION. Sec. 59.14. - PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED WATER AND THE RECLAIMED WATER DISTRIBUTION SYSTEM. Sec. 59.15. - SERVICE INTERRUPTION. Sec. 59.16. - CITY RESPONSIBILITY. Sec. 59.17. - LOCATION. Sec. 59.18. - METER REQUIREMENTS. Sec. 59.19. - SHALLOW POTABLE WELLS. Sec. 59.20. - USE OF RECLAIMED WATER. Sec. 59.21. - RUNOFF CONTROL. Sec. 59.22. - DISCONTINUATION OF RECLAIMED WATER SERVICE. Sec. 59.99. - PENALTY. Sec. 59.01. - AUTHORITY AND PURPOSE. This article is created in accordance with Section 403.064, Florida Statutes, and provides for the encouragement and use of reclaimed water to protect the environment and conserve the City of Delray Beach's potable water supply. Subject to the direction of the City Commission, all powers, duties, and authorities relating to the operation of the facilities of the Environmental Services Department, are vested in the Director of the Environmental Services Department unless specifically vested elsewhere by the provisions of this Chapter. In the absence of the Director of the Environmental Services Department an individual specifically appointed by the City Manager, may assume the powers, duties, and authority vested by this Section. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.02. - APPLICABILITY. This Chapter shall apply within the utility service area of the City of Delray Beach, as hereinafter defined and amended from time to time, and shall be liberally construed to effectuate the purposes set forth herein. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.03. - OBJECTIVE. http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Municode Page 2 of 7 The objective of this Chapter is to set forth requirements for the use of reclaimed water and the construction of reclaimed water facilities within the City of Delray Beach to be in compliance with all applicable federal and state laws, rules, and regulations as they pertain to reclaimed water. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.04. - DEFINITIONS. As used in this article, the following words and phrases have the meaning ascribed herein, unless a different meaning is set forth in another section of this Chapter or the context clearly indicates otherwise. Backflow prevention assembly. A backflow prevention assembly shall mean a device and /or method of construction used to prevent backflow into a potable and /or reclaimed water system. The type of assembly used shall be based on the degree of hazard, either existing or potential. City. City of Delray Beach, Florida, a municipal corporation. Cross connection. Any physical arrangement whereby a potable and /or reclaimed water supply is connected, directly or indirectly, with any other system capable of imparting contamination to the potable and /or nonpotable water supply as the result of backflow. Customer. Any person, dwelling unit, agent, property owner, developer, user, company, municipal corporation, political subdivision, homeowners association or other entity which accepts or receives reclaimed water service or benefits directly from services rendered by the department. Department. The City of Delray Beach Environmental Services Department. Development. All projects with nonresidential connections and all residential projects including twenty (20) or more dwelling units. Director. The Director of the City of Delray Beach Environmental Services Department or the duly authorized representative. Dwelling unit. A single unit designated or intended for one - family occupancy (a household of one or more persons), including, but not limited to, one single - family house, one -half of a duplex, one apartment, or one mobile home. Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees, or edible crops as set forth in Chapter 62 -610, Florida Administrative Code. Person. Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, corporations, and all other groups or combinations. Point of service. The outlet side of the Department's reclaimed water meter box or other point identified on construction plans which ends the Department's ownership, operation and maintenance responsibility. Property owner. One in whom the legal title to real estate is vested as recorded in the public records of the State of Florida. Reclaimed water. Water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility (Florida Administrative Code, Chapter 62 -610). Reclaimed water distribution system. A network of pipes, generally eight -inch diameter and smaller, along with valves, meters, and related appurtenances designed to convey and distribute reclaimed water from Reclaimed Water Transmission System to the Department's side of the point of service. Reclaimed water irrigation system. A network of pipes, pumping facilities, storage facilities, sprinkler heads, and appurtenances on the customer's side of the point of service designed to convey and apply reclaimed water. http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Municode Page 3 of 7 Reclaimed water transmission system. A network of pipes, generally ten -inch diameter and larger, along with pumping facilities, storage facilities, and related appurtenances designed to convey and transmit reclaimed water from one or more wastewater treatment facilities to the Reclaimed Water Distribution System. Service connections will generally not be made to the transmission system. Retail customer. Any single family residential connection regardless of meter size, and any multifamily residential or nonresidential connection requiring a meter size less than two (2) inches. Service. The readiness and ability on the part of department to furnish reclaimed water to the property. Service initiation. The date a reclaimed water meter is installed. Utility service area. The area encompassed by the City's Planning Area as shown on the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country Club Acres development lying west of Military Trail. Wholesale customer. Any multifamily residential or nonresidential connection requiring a meter size of two (2) inches or larger. (Ord. No. 27 -05, § 1, passed 5117105; Ord. No. 67 -05, § 1, passed 9120105) Sec. 59.05. - ADOPTION OF CHAPTER 62 -610, FLORIDA ADMINISTRATIVE CODE. The rules and regulations appearing in Chapter 62 -610, F.A.C., as may be amended from time to time, are hereby adopted by reference as though fully set forth within this article and shall apply within the City as an ordinance. In the event of any variation between the provisions of Chapter 62 -610, F.A.C., and the provisions of this article, the more strict provision shall prevail. The violation of Chapter 62 -610, F.A.C., shall be deemed a violation of this section. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.06. - USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA. (A) Reclaimed water service will be made available within the City's Utility Service Area as the transmission system is extended and treatment capacity becomes available. (B) Reclaimed water service will be deemed available when Reclaimed Water Distribution System facilities necessary for connection to the customers' irrigation system are activated to the customers' point of service. Easements may be required across private property to accommodate extension of the transmission system to the customers' point of service. In the event that such required easements are not granted by the customer, reclaimed water will be deemed available when facilities are placed in service abutting any point on the customer's property line. (C) Connection to the City's reclaimed water system for irrigation use shall be mandatory. If the City's reclaimed water system is available for connection for irrigation users, no other sources of irrigation water will be permitted. Upon notification from the City of service availability, customers shall have ninety (90) days to connect irrigation systems to the reclaimed water system with no fees assessed by the City. Customers connecting after that time will be assessed meter installation charges. After the stated ninety -day period, existing irrigation connections to the City's drinking water system will be disconnected, and customers requiring irrigation water that remain unconnected to the reclaimed water system will be assessed a monthly capacity charge as listed in Section 59.09, and a monthly commodity charge based on twelve thousand (12,000) gallons per month billed at the current rate for irrigation water as listed in Chapter 52, Section 52.34 (B). Upon connection to the reclaimed water system, the capacity charge will cease, and the commodity charge will be based on metered use at the rates listed in Section 59.09 for the applicable user classification. (D) Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense. (E) http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Mur&ode Page 4 of 7 Should the customer require reclaimed water of quality or pressure varying from that normally supplied by the City, the customer shall be responsible for any devises necessary to make these adjustments, provided, however, that such devices will require prior approval by the City. (Ord. No. 27 -05, § 1, passed 5117105; Ord. No. 67 -05, § 2, passed 9120105, Ord. No. 43 -07, § 1, passed 9118107) Sec. 59.07. - CONNECTION TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. (A) Meters required. Meters are required on all reclaimed water service connections. No person or property shall have access to the reclaimed water distribution system or use reclaimed water without delivery of same through a meter. All reclaimed water meters shall be furnished and installed by an employee or authorized person of the Department, and shall remain the property of the Department. The minimum meter size for connection to the City's reclaimed water system is three - fourths of one inch. Required meter size for any connection will be determined by the Environmental Services Department on the basis of the irrigation system required pressure and flow characteristics as provided by the Customer. (B) Rules, Regulations and Fees. The City may establish, revise, modify and enforce rules, regulations and fees pertaining to the provision of reclaimed water service. Such rules, regulations, and fees, which are subject to the approval of the City, are set forth in this ordinance, and shall be binding upon all property owners, customers, agents, and assigns required to use and /or using reclaimed water. (C) Operation and Maintenance Responsibilities for the Reclaimed Water Irrigation System. The operation and maintenance of the reclaimed water irrigation system shall be the sole responsibility of the customer and /or Property Owner utilizing reclaimed water from said system. The customer and /or Property Owner shall provide reasonable access to the Department for periodic inspections of the operation and maintenance of the reclaimed water irrigation system. Failure by the customer and /or Property Owner to properly operate and maintain said reclaimed water irrigation system in accordance with federal, state, and local laws, rules and regulations, shall constitute a violation of this article and be subject to enforcement action as set forth herein below. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.08. - ACCESS TO WATER METERS. It shall be unlawful for any person to interfere with, effectively deny, or to restrict in any manner, full access to City reclaimed water meters or their appurtenances by the City's agents or employees, for the purposes of making necessary periodic readings, repairs, removal, or disconnection of service on said meters or their appurtenances. Such interference may include, but shall not be limited to, use of locked gates or fences, presence of animals, physical barriers, or overgrown vegetation. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.09. - FEES, RATES AND CHARGES. (A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the following schedule: Retail customer rate 0 to 25,000 gallons .....$1.00 26,000 to 50,000 gallons .....2.00 Above 50,000 gallons .....2.50 2. Wholesale customer rate .....0.28 (B) Meter installation charges, when applicable, shall be as listed in Chapter 52, Section 52.32 (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B). (Ord. No. 27 -05, § 1, passed 5117105; Ord. No. 67 -05, § 3, passed 9120105; Ord. No. 73 -06, § 1, passed 1215106; Ord. No. 43 -07, § 2, passed 9118107; Ord. No. 44 -09, § 2, passed 10120109) Sec. 59.10. - INSPECTIONS. http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Municode Page 5 of 7 (A) To ensure that the provisions of the City's ordinances, regulations and procedures are being observed, the City shall inspect, secure or remove, as necessary, any or all devices, including but not limited to, backflow preventers, valves, fittings, pipes and sprinklers which connect to or control the reclaimed water. (B) The refusal by a consumer to permit an authorized City agent or employee to enter a premises for the purpose of inspecting an irrigation system may result in the immediate discontinuance of the reclaimed water service in the discretion of the City. (C) The City shall inspect all connections to the reclaimed water system prior to the connection being placed in service. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.11. - CONTROL OF BACKFLOW AND CROSS CONNECTION. Refer to Code of Ordinance Sections 52.80- 52.83. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.12. - DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, or deface any structure, appurtenance or equipment which is part of the reclaimed water distribution system. All costs to repair any damage to the reclaimed water distribution system and /or all costs associated with additional treatment or alternative disposal requirements resulting from said action, shall be assessed to the person(s) responsible. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.13. - APPROVED USES OF RECLAIMED WATER; HOURS OF USE FOR IRRIGATION. (A) Reclaimed water shall be used in accordance with applicable federal, state, and local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in Chapter 62 -610, Florida Administrative Code), highway medians, dust control, on construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in writing by the Director prior to said usage. (B) Hours of irrigation for wholesale customers connected to the City's reclaimed water system shall be limited to the hours between sunset and sunrise. (Ord. No. 27 -05, § 1, passed 5117105; Ord. No. 43 -07, § 3, passed 9118107) Sec. 59.14. - PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED WATER AND THE RECLAIMED WATER DISTRIBUTION SYSTEM. No person shall use reclaimed water unless in accordance with federal, state, or local laws, rules, or regulations. Pursuant to this Article, no person shall: (A) Use potable water for irrigation of landscaped areas where reclaimed water is available for such purpose. (B) Utilize aboveground hose bibs. Hose bibs shall be located in lockable, below grade vaults and clearly marked as being of non - potable quality. All vault covers shall be color -coded purple and shall be kept locked when not in use. (C) Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or decorative fountains. (D) Pipe reclaimed water into or use reclaimed water inside of any building or structure. (E) Cut and /or remove a Department- installed lock; tamper with the meter, bypass, or reverse a reclaimed water meter; use, alter or make any connection to the reclaimed water distribution system unless prior written approval has been given by the Director, and an employee or authorized person of the Department is present at the time of said approved action. (F) Sell, barter, trade or otherwise transfer reclaimed water to any other person or entity. http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Municode Page 6 of 7 (G) Cause a cross connection between a potable water supply and the reclaimed water distribution system or the reclaimed water irrigation system, or violate a provision or requirement of City Ordinances pertaining to backflow prevention or cross connection control. (H) Setback Distances shall be maintained as required in Chapter 62 -610, F.A.C. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.15. - SERVICE INTERRUPTION. (A) The City reserves the right to discontinue service to any portion of, or the entire, reclaimed water system as deemed necessary by the Director. (B) The Director shall have the authority to establish schedules which restrict the use of the reclaimed water system at certain times in order to reduce maximum pressure demands on the system and to regulate usage during periods of limited reclaimed water availability. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.16. - CITY RESPONSIBILITY. The City will reasonably attempt to deliver an adequate supply of reclaimed water of good quality at all times. However, no assurances or guarantees shall be provided to customers or to others regarding the quantity or quality of the water due to circumstances beyond their control. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.17. - LOCATION. The location of reclaimed water service lines and points of delivery to private property shall be determined by the City. The normal location of the reclaimed water point of delivery (including meter when required) is behind the right -of -way line on the property being served. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.18. - METER REQUIREMENTS. Appropriately sized meters shall be required for all commercial, industrial, and multifamily dwelling unit uses as determined by the Director. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.19. - SHALLOW POTABLE WELLS. (A) The City shall not provide reclaimed water service where shallow wells, the existence of which is known by the City, are a source of potable water and where buffer zone requirements of the Florida Department of Environmental Regulation [Protection] cannot be maintained. (B) No person shall install a shallow well intended for use as a source of potable water for property where reclaimed water and potable water connections are available. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.20. - USE OF RECLAIMED WATER. Reclaimed water service may be provided as a source of water for cooling and miscellaneous process applications. However, reclaimed water may not be piped into any building used for residential purposes. Any effluent reclaimed water from cooling and /or process use must be discharged to the sanitary sewer and must meet all city, state and federal discharge regulations. A sewer charge for processing of said discharge will be applied in addition to the cost of the reclaimed water. Any discharge to the City's sanitary system must meet the City's minimum pretreatment standards. (Ord. No. 27 -05, § 1, passed 5117105) http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Municode Sec. 59.21. - RUNOFF CONTROL. Page 7 of 7 Customers shall be responsible for the operation of their private reclaimed water systems in a prudent manner to ensure that neither ponding nor runoff from the system occurs. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.22. - DISCONTINUATION OF RECLAIMED WATER SERVICE. (A) Immediate Threat to Public Health. The Director may issue a stop usage notice requiring the customer and /or property owner to immediately cease using reclaimed water if said usage is deemed to present or cause an immediate threat or substantial endangerment to the health, safety or welfare of the public, to the environment, or to the operations of the City's reclaimed water distribution system. Any such finding shall be included in the Director's notification to cease usage of said reclaimed water. Should the customer not comply with the stop usage notice, the Department may immediately discontinue service of reclaimed water to the property. All expenses incurred by the Department to discontinue said service and /or any and all damages associated with the use of the reclaimed water shall be borne by the customer and /or property owner. (B) Other Violations. Notwithstanding the provisions as set forth in paragraph (A) hereinabove, the Director shall, upon discovery of a violation of this article, notify the customer and /or property owner of said violation by certified mail or by placing a notice on the property or by any other reasonable means. The notice of violation shall set forth the specific violation, the corrective action to be taken by the customer and /or the property owner, and the period of time by which the customer and /or property owner must correct the violation. Should the customer and /or property owner not correct said violation within the designated period of time, the Department shall discontinue service of reclaimed water to the property until said violation is corrected and all fees associated with the disconnection and /or reconnection of service to said property are paid in full by the customer and /or property owner. (Ord. No. 27 -05, § 1, passed 5117105) Sec. 59.99. - PENALTY. See Section 10.99 of the Code of Ordinances. (Ord. No. 27 -05, § 1, passed 5117105) http: / /library. muricode. comlpiint. aspx ?h= &clientlD= 13704 &HTMRequest= http %3 a %2f lo2flibraiy. muricode. com %2fHTML %... 9/24/2013 Alternative Water Supply Funding for FY2014 Appendix G Electronic Files (Autocad Maps, Word Documents, and PDF Files) i r �1 � vii Ji\I'�)'U TIi'\l 1 V I! E 111 I 11\1 E E R, 477 T mary Avenue Suite 330, West Palm 3e-3r Phone: 551- 555 -5175 J Fax: 561 -a u' ' a'a.v.mathaaea Con sultinainc.coI ommMEMEFoL 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 27, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 RESOLUTION NO. 46-13 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 10 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approved of Resolution No. 46 -13. RESOLUTION NO. 46 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty -two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and /or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the October 1, 2013 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said 2 Res. No. 46 -13 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8 %, and collection costs including a reasonable attorney's fee. ATTEST: PASSED AND ADOPTED in regular session on this 1s` day of October, 2013. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 46 -13 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 309 S SWINTON AVENUE TOWN OF DELRAY LTS 3 & 4 BILK 72 PCN 12 43 46 16 B8 072 0030 CASE NO. NA 13 -40816 Michaelle Serrano 309 S. Swinton Avenue Delray Beach, Florida 33444 $ 50.00 Invoice No. 38746 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 130.00 725 PLACE CHATEAU CHATELAINE NO 1 LOT 23 BILK 8 PCN 12 42 46 12 03 008 0230 CASE NO. RN 13 -40665 Mirta & Hughes Joseph 725 Place Chateau Delray Beach, Florida 33445 $ 65.00 Invoice No. 38745 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 145.00 5046 NW 5TH STREET PINE TRAIL SEC 3 FINAL PLAT W 40 FT OF LT 11 BILK 4 PCN: 12 42 46 12 09 004 0111 CASE NO. RN 13 -41464 Kathleen Olejniczak 5046 N.W. 5th Street Delray Beach, Florida 33445 $ 60.00 Invoice No. 38744 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 140.00 3936 N.W. 7TH COURT SUNFLOWER - DELRAY SEC 1 LOT 4 BILK 4 PCN 12 42 46 12 06 004 0040 CASE NO. NA 13 -41376 Steven M & Wana N. Hirsch PO Box 7767 Delray Beach, FL 33482 $ 30.00 Invoice No. 38741 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 110.00 316 S.W. 4TH AVENUE TOWN OF DELRAY LTS 4 & 24 BILK 32 PCN 12 43 46 16 01 032 0040 CASE NO. NA 13 -39293 Felix & Eugene Bethel PO Box 361 Carteret, NJ 07008 $ 75.00 Invoice No. 38740 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 107 NW 10TH AVENUE WEST SIDE HEIGHTS DELRAY LOT 11 BLOCK A PCN 12 43 46 17 26 001 0110 CASE NO. RN 13 -41581 Janie A. Wagner 252 NE 15th Street Delray Beach, Florida 33444 $ 75.00 Invoice No. 38739 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 RES NO. 46- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES RES NO. 46- 13.xls PROPERTY DESCRIPTION OWNER ASSESSMENT 355 N CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NO. RN 13 - 41400 Bentley CKS, Inc. % Sam Caliendo, R/A 900 Glades Rd #200 Boca Raton, FL 33431 $ 350.00 Invoice No. 38737 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 430.00 319 SW 11TH AVENUE BELLEHAVEN UNIT B LOT 17 PCN 12 43 46 17 39 000 0170 CASE NO. NA 13 -37802 Elberta Crawford 223 NE 11th Avenue Boynton Beach, Florida 33435 $ 125.00 Invoice No. 38551 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 205.00 41 SW 7TH AVENUE TOWN OF DELRAY S 55 FT OF N 540 FT OF W 135 FT OF BILK 13 PCN 12 43 46 16 01 013 0070 CASE NO. RN 13 - 40882 James Gross 41 SW 7th Avenue Delray Beach, FL 33444 $ 65.00 Invoice No. 38735 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 145.00 401 8TH AVENUE ROSEMONT GARDENS UNIT A LOT 1 BILK 2 PCN 12 43 46 17 44 002 0010 CASE NO. RN 13 -38780 Golam & Andrea Mamun 119 Old Airport Road #275 La Grange GA 30240 $ 75.00 Invoice No. 38734 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 155.00 VACANT LOT N OF 2955 FLORIDA BLVD TROPIC ISLE 3RD SECTION LTS 411 & 412 PCN 12 43 46 28 03 000 4110 CASE NO. NA 13 -37631 Katharine D. Martens 589 Deerfield Drive Melbourne, FL 32940 $ 125.00 Invoice No. 38733 $ 55.00 Admin Fee $ 25.00 Admin Fee $ 205.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 46- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES 3303 AVENUE SERRANT CHATELAINE NO 1 LOT 10 BLK 2 Farah Francois PCN 12 42 46 12 03 002 0100 9745 Roche Place CASE NO. RN 13 -40698 West Palm Beach, FL 33414 $ 75.00 Invoice No. 38736 $ 55.00 Admin Fee $ 25.00 lAdmin Fee $ 155.00 RES NO. 46- 13.xls MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: September 25, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 AMENDMENT TO THE AGREEMENT / UNITIED STATES DEPARTMENT OF JUSTICE DEA/ CONTROLLED PHARMACEUTICALS ITEM BEFORE COMMISSION This is a renewal of a State and Local Task Force Agreement between the DEA and the Delray Beach Police Department to investigate, disrupt and dismantle individuals and organizations involved in diversion schemes of controlled pharmaceuticals. The renewal contract was approved by this Commission on September 3, 2013. Since that time, the DEA has changed the name of the task force from the West Palm Beach Task Force to West Palm Beach Tactical Diversion Squad (TDS). This is the only change to the Agreement. A copy of the previously signed approved Agreement is attached. BACKGROUND This Agreement is identical to the previous agreement and renews the termination date from September 30, 2013 until September 30, 2014. This Agreement allows for one officer from the Delray Beach Police Department to join the DEA Task Force and work under DEA's direct supervision to investigate, disrupt and dismantle individuals and organizations involved in diversion schemes of controlled pharmaceuticals and/or listed chemicals in South Florida. The Delray Beach Police Department will continue to pay the officer's salary, benefits and overtime. The DEA, will, subject to the availability of funds, reimburse the Delray Beach Police Department for overtime up to $17,202.25. Also attached to the Agreement is the Certification regarding lobbying and drug free workplace requirements. The certifications for the drug free workplace and lobbying insures that the Delray Beach Police Department maintains a drug free workplace and does not use Federal funds to lobby any official or employee for Federal grants or agreements. It also maintains that we have not been criminally or civilly charged with any of the enumerated offenses by a government agency. The certification has not changed and remains in full force and effect. FUNDING SOURCE The DEA and the Delray Beach Police Department. RECOMMENDATION The City Attorney's Office and the Police Department recommends approval. Appendix E TACTICAL DIVERSION TASK FORCE AGREEMENT This agreement is made this 1 st day of October, 2013, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Delray Beach Police Department (hereinafter "DBPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. V71IEREAS there is evidence that trafficking in controlled substance pharmaceuticals and /or listed chemicals exists in the South Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of South Florida, the parties hereto agree to the following: 1. The West Palm Beach Tactical Diversion Squad (hereinafter "TDS ") will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and /or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail -level violators) of controlled pharmaceuticals and/or listed chemicals in the South Florida area. b, Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and/or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the TDS's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the West Palm Beach TDS, the DBPD agrees to detail one (1) experienced officer to the West Palm Beach TDS for a period of not less than two years. During this period of assignment, the DBPD officer will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the TDS. 3. The DBPD officer assigned to the TDS shall adhere to DEA policies and procedures, Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the TDS. 4. The DBPD officer assigned to the TDS shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the West Palm Beach TDS, DEA will assign four (4 ) Special Agents and one (I ) Diversion Investigator to the TDS. DEA will also, subject to the availability of anrnual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and DBPD officer assigned to the TDS. This support will include: vehicles, office space, office supplies, travel funds, hinds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA fiends permit. TDS officers must record their work hours via DEA's activity reporting system, 6. During the period of assignnnent to the West Palm Beach TDS, the DBPD will be responsible for establishing the salary and benefits, including overtime, of the officers assigned to the TDS, and for making all payments due them. DEA will, subject to availability of funds, reimburse the agency /department for overtime payments made by it to the DBPD officer assigned to the West Palm Beach TDS for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $17,202.25) per officer. Note: Task Torce Officer's m,ed nre "Shrill not inelmle any costs far benefits, such (is retirement, FICA, and other expenses. " 7. In no event will the DBPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The DBPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts, 9. The DBPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The DBPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The DBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The DBPD agrees that all authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The DBPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the DBPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the DBPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or Program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2014. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by DBPD during the term of this agreement. For the Drug Enforcement Administration: Date: Marls R. Trouville Special Agent in Charge For the Delray Beach Police Department: Date: Anthony Strianese Chief Date: Mayor, Cite of Delray Beach Cary Glickstein ATTEST: Chevelle Nubin, City Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY uatnerine Pi. Kozoi, Asst. Gity Attorney Appendix TACTICAL DIVERSION TASK FORCE AGREEMENT This agreement is made this 1 st day of October, 2013, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Delray Beach Police Department (hereinafter "DBPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and /or listed chemicals exists in the South Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of South Florida, the parties hereto agree to the following: 1. The West Palm Beach Task Force will perform the activities and duties described belmv: a. Investigate, disrupt and dismantle individuals and /or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail -level violators) of controlled pharmaceuticals and/or- listed chemicals in the South Florida area. b, Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and /or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the West Palm Beach Task Force, the DBPD agrees to detail one (1) experienced officer to the west Palm Beach Task Force for a period of not less than two years. During this period of assignment, the DBPD officer will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The DBPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The DBPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Vest Palm Beach Task Force, DEA will assign four (4 ) Special Agents and one (1 ) Diversion Investigator to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and DBPD officer assigned to the Task Force. This support will include: vehicles, office space, office supplies, travel fiends, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force officers must record their work hours via DEA's activity reporting system. 6. During the period of assignment to the '"Icst Palm Beach Task Force, the DBPD will be responsible for establishurg the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due there. DEA will, subject to availability of funds, reimburse the agency /department for overtime payments made by it to the DBPD officer assigned to the West Palm Beach Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $17,202.25) per officer. Note: Task Force Officer's myertirne "shall not include auji costs for benefrts, such as retirement, FICA, and other expenses." 7. hi no event will the DBPD charge any indirect cost mate to DEA for the administration or implementation of this agreement. 8. The DBPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The DBPD shall permit and have readily available for exanrination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The DBPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The DBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1. 11. The DBPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 406116, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The DBPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the DBPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal phoney, the DBPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2014. This agreement may be terminated by either part}, on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by D13PD during the term of this agreement. For the Drug Enforcement Administration: Date: Mark -R. Trouville Special Agent in Charge For the Delray Beach Police Department: ,f Datc: Althon trianese Chie Date: 1 �. It ayor zty of Delray Beach �TEsl: — _... _u,_- .__.`! ?f�. Date Chevelle Nubin, City Clerk PRO T; As To FOMI & EG 'L s FE I E ' X : Date : `� 1, Catherine Pt. Kozo, Asst. City Attorney ;; U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR fart 67, "Government -wide Department and Suspension (Non procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING �Ars epuirCad b e 13 Titleo31 pof then U.S. Code, and on a F art�6p9 etr�Il a p lea t certifies ha# u'�Of) nas tlee# €rte iiato2 til li fa) No Federal app opriate funds have been paid or wili be paid, by or on behalf of I e undersigned, to any person for influencing or attemptin to influence an officer or employee of any agency, a Member o� Congress, an officer or employee of Congress, or an employee of a Member of Con press in connection with the making of any Federal rant the enterifig into of any cooperative agreement, an extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement; ' b. tf any,fur�ds of er than Federal a yr riated fund&s havet�bqe n d or will neIfilln i to any person forinfluencinc r atNep b�T to uence an f or em oo ee o Con re e © h ae ei e o �reheF o n ya ? al a m res i co ne hon f is Fe era r n o co perati�r a ree n nst, he r c�ersi ne s a!f co r ip . � yang C iv ties,'?in accordanccewith its €nWuctiansr;sure o o b in The ndorsf ne s}� II re uire #hat the la u e f this cer- c tion in li de in t ie av��sd doon a is d �� su9arw #arch at fors. inc udin s gran coo erativ �reeN%E n t s nd SUocontr�ci's ant ilia af� su reciPients sha ce i an disclose aecor ing y. 01 �Wr Wq QN, AND OTHER �I'arin17 tlsectron 7 � i! Vt' ns�Kons, a7 tdetinea at g A. The applicant certifies that it and its principals: (a) Are not presentl , debarred, suspended, proposed for debar- declared ineli ble, sentenced to a denial of Federal Mne' its by a State or_f ederal court, or voluntarily excluded from covered transactions by any Federal department or agency; iu,�Ij� (Feder al , State , or focal) ya a fig or co tr ct UVd r fransaclion; , violation ofedce�al ara� �ntitrus u es o commission of em e2 emen het or e e fa sificatiori , ar ��{{ struction o recor s, ma ing afs�e sa orents, or receiving stoefen property; Are of prosent indic(teld for or th (frwise criminally or civi.11y �oar ed�y a gove [n n a entif (�e eral St tr?, or cal wi h #o)r lion pf an of tie oftenss enumer'afer in paragra�h �1) l o tits cenifiea on; and padnot within �f)lger8 ar period precdeding hf apRr'98tio on q r more u ti sa ti ns ti�re eral,ta e, r oca ermina e €or taus or a au t; an sBtat mee s the thaeplicraiticetion a he aor s ie shall as ac the expnanation to this apprication. DRUG -FREE WOR}y��ppLA E ORANTEES OTHER APAL INDIVIDUALS) As re uirr�r� dddb e u Fre W r 11lzza��crtte t of 1988, and tle ns� at e2$ a � �d � cilo s 61.61 nd ctr�Wgs, as Lglpe gpliRlar ceebrtTes that it will or will continue to provide a a P b ishin a stat meet no#ifvin em Io ees that the lavrfl mai�fartue,is ribution dis nir� ssessior, pr useko a caort reSUQSnce ts���r jilt e>1 `inh gran ee war, Iplace n s eCi in a actin a ilt be a o n e against emp oyees or vi atio o such pro i iiion; fbfJ Establish e s a%o°utgoing drug -free awareness program to n orm emp oy (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -freo workplace; (a3sj available druga counseling, rehabilitation, and employee stAA Once programs; n eVThe P rallies that ma b impo ell u on employees for drug use v o a tons occurringyin he woitcplacpe; c Mak'n it a re it menf that each em la ee to be en ed i b) Have nof w th' a thr e yea pe Tod reced n t is ap I'c tion h erf`ofmance �ii rant be givon c�py of the sta1tgmenq oen convictedi oi� r hc� a civr . drdg of rent elge�angair�'s� e� req�ired by paragrap� e{a ; osr commis on of lrau r a cn i a of ense in con ection wi tairnnmg aTIempting to o�itain, or peilorming a #�,, q d ltifn th�f, as�conocition of empi�oyinenef utnofergtse grabty ra ra e e �oy wr - OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 406112, 406213 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and v la�totnfyo. aecrlm�rioiec�iun str� uto occu�rrinr her p the workplace no la ,e than five calendar da�s aIr such con occurring, e Nc?tif in4 the aqe[� cy, if� wrifin with' c lendar da�i�s after e tin I) ice litlpQr sUU iia noiic�s) o ao n o l .ee Qr o he isp rece vgte aF'?u es st rovrdG once n �u in mpto er c nvtc t o g �, UVasre r n 2 u tr mtTo CkeOSh IS]I a s vec�e�f €fiN numucr�s)of each a ected grant; Talon one, of Ette . follawi acti ns, withi 30 lend r reVpse of any em layee�Yehoris so conviistaerregrap�t (d)( �, wi t nne , ac ion r Taking megn spo he�Rehacbilitai 0n X2�to ?tffi3, aassa �eended; or V Requ €fin such emrplQye�IlitatPo Fa?Wa& asfarovei 'Poll sduc use as r an e e gur ses a ederal ate, or o a ea h, `law en orcemen , r doter appropriate agoncy; (g) Making a good fait effort to, continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (0, The rants may Insert in t e pace, rovided below t e rte s ee °f<c g griormance of wo drone ru connection wt ut tie Pladcee of Performance (Street address, city, country, state, zip Check t— if there are workplace on file that are not identified ere. S tin 67 630 qf the r ulations ov des.that a nee tat i vva ctLa e ma ale v o.cr to o ouunr� cogGa or1 rn. achgG dt 1 S st for elect ioL5nt o t� Focemt4U 1/glncf Planes ande9ta e p4genctos Check (— if the State has elected to complete OJP Form RR 406117, }� (GRA T E WHO ARE INDIVIDUALS] €ACSr�fe �irrted�# b eC uWFT e�7W9r €acrteFN of lrgitee'saas nv'[ i� at e18 ���aM" Saechortis 6TP arsd ��l. fl Afie untay ul marnufoctture fsteibution, disat nslnll noosseamo in Reugs a of a�eonfro ed substance in consHlon ity achviry with B. If convinced of a criminal dru o fense resulting from a violation occurrrnq during the con� of any grant activity, I will report the conviction, in witting, within 10 calendar days of the conviction, to: De artment of Justice, Office of Justice Programs, ATTN: Control fiesk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications, 1. Grantee Name and Address: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 2. Application Number and/or Project Name 3. Grantee 1RSA/endor Number West Palm Beach Task Force 4. Typed Name and Title of Authorized Representative Chief Anthony Strianese 5. Signature Mayor, City of Delray Be 4T TEST: : Chevelle Nuhin, City Clerk Ali7l)ws 6, Date ach t pproved _a,--to form & th -erine M. Kozol, Osst. f is rqxicy : ttorney MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: September 24, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 MAINTENANCE AGREEMENT/ CONTROL COMMUNICATIONS ITEM BEFORE COMMISSION This is the renewal of a Maintenance Agreement between Control Communications and the City of Delray Beach for the maintenance of the XTS3000 portable radios used by Police and Fire Department personnel. BACKGROUND As of 2011, Motorola no longer supported a portion of our public safety portable radios (Model XTS3000's). Control Communications has been the subcontractor, through Motorola, performing the necessary repairs and programming of these specific models. Based on this support, Control Communications has now provided this contract to cover the above radios under a separate Maintenance Agreement. The radio system and newer portable radios (XTS5000's) will continue to be served by Control Communications but covered under the Motorola Maintenance Agreement that was just approved by the Commission at the last meeting of September 17th, 2013. Control Communications has the software templates and the access keys that are required for programming which are consistent between both the newer and older radio types. Logistically, all radios currently remain under Control's care. Thus, it is vital that the City utilize the same service provider. The maintenance amount for services is $2,170.00 per month, the same amount as last year, or a total of $26,040.00 for the year. REVIEW BY OTHERS City Attorney Budget Officer FUNDING SOURCE Funding will be from Acct. #001 - 2111 -521 -46.20 RECOMMENDATION The City Attorney's Office and the Police Department recommend approval. MAINTENANCE AGREEMENT City Of Delray Beach PD 300 West Atlantic Ave. Delray Beach, F1.33444 Start Date: 1011113 End Date: 9130114 1. Includes all parts and labor to maintain the listed equipment at factory specification. 2. Includes field technical support. 3. Batteries, antennas, physical abuse and acts of God are not covered under this Agreement. 4. hicludes unlimited service calls. Includes all radio programming and diagnostic software necessary for radio repair. Includes Pick -up /Delivery of portable units between 8:00 am — 5;00 pm Mon -Fri. 5. One preventive maintenance check per year will be performed at Control Communications Service Center, 3650 Hacienda Blvd. Suite C, Davie, Fla. 33314, at the customer's request for the portable radios. 6. One preventive maintenance check per year will be performed at the customer's location, at the customer's request for all of life Fixed End equipment. (If Applicable) 7. Control Communications, Inc. or the customer can cancel this Agreement without cause upon supplying a 30 -day written notice to the other party. This Agreement shall be for a one -year period with the option to renew for an additional one -year period, 8. Any work that is not covered under the Maintenance Agreement will require a purchase order pd or to the work being done. Above Contract work for technical support shall be priced at the rate of $100.00 per hour. Above Contract work for radio installation shall be priced at (lie rate of $75.00 per hour. This rate is subject to change upon notification to (lie customer. All work is guaranteed for a period of 90 days. 9. if at anytime, the equipment cannot in Control's opinion be properly or economically repaired clue to excessive wear, deterioration or unavailability of parts, Control Coummnications upon giving notice to the customer, may either remove such equipment from the Agreement or increase the price of such equipment. Customer Support Manager Signature Control Communications lnc. By; City Of Delr y Beach Mayor Caickstein, Maypr As City Attorney Catherine M. Kozol Approved as to form & legal sufficiency By: City Clerk Chevelle Nubin By: CONTROL COMMUNICATIONS, INC. 3650 HACIENDA BLVD. -- SUITE. C PH. (954) 791 -8040 DAVIE, FL 33314 FAX (954) 791 -1772 MAINTENANCE AGREEMENT SPECIFICATIONS CUSTOMER NAME: CITY OF DELRAY BEACH DATE: 9/18/2013 ATTN. KATIE HARTMAN AGREEMENT NO: MK91813C ADDRESS: 300 W ATLANTIC AVE. DELRAY BEACH FL. 33444 PHONE: 561 -243 -7857 FAX: 561 -243 -7816 CONTRACT START DATE: 10/1/13 PAYMENT CYCLE: Montlily TAX - EXEMPT: YES EXPIRATION DATE: 9/30/14 QTY DESCRIPTION MODEL # S PER UNIT S TOTAL PER MONTH PER MONTH 248 XTS3000 PORTABLE MODEL I $8.75 $2170.00 Monthly Sub -Total $2170.00 TAX NI /A TOTAL YEARLY $26040.00 WHEN THIS AGREEMENT IS ACCEPTED BY CON'T'ROL COMMUNICATIONS, THE EQUIPMENT ON THE CUSTOMER AGREEMENT REFERENCED ABOVE WILL BE SERVICED BY CONTROL COMMUNICATIONS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON THE ATTACHED MAINTENANCE AGREEMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS OR BATTERIES, OR SERVICE OF ANY TRANSMISSION LINE, ANTENNA, AND OR TOWER UNLESS SUCH WORK IS DESCRIBED BELOW. MAYOR'S SIGNATURE Cary Glickstein, Mayor City of Delray Beach CONTROL COMMUNICATIONS SIGNATURE. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: September 27, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 AMENDMENT NO.3 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MAE VOLEN SENIOR CENTER, INC. ITEM BEFORE COMMISSION The attached agreement is the third amendment to the agreement between the City of Delray Beach and the Mae Volen Senior Center, Inc. to extend until January 1, 2014 for the use of the Western Community Center. BACKGROUND The City is in the process of negotiating a new agreement with the Mae Volen Senior Center for the use of the Western Community Center. The extension of time will give the Mae Volen Senior Center time to consult with their board on the terms of the new agreement. RECOMMENDATION The City Attorney's office recommends City Commission approval. AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MAE VOLEN SENIOR CENTER, INC. DATED FEBRUARY 16, 2007 THIS AMENDMENT No. 3 to the Agreement dated February 16, 2007 is made this day of , 20137 by and between the CITY OF DELRAY BEACH (City) and MAE VOLEN SENIOR CENTER, INC. (Mae Volen). WITNESSETH: WHEREAS, the parties entered into an agreement on February 16, 2007 regarding the staffing and management of the Delray Beach Family Recreation and Fitness Center (formerly known as "The Western Community Center"); and WHEREAS, the City and the Mae Volen are in the process of negotiating a new agreement for the use of the Western Community Center; and WHEREAS, both parties agree that the agreement executed February 16, 2007 should be amended to extend until January 1, 2014; and WHEREAS, the City also desires that Mae Volen continue to provide its present services on site. NOW, THEREFORE, for the mutual covenants herein contained the parties agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The term of this agreement shall be extended until January 1, 2014 3. Entire Agreement. Except as modified by this amendment, all terms and conditions of the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed on the date written above. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) CITY OF DELRAY BEACH, FLORIDA By: Cary D. Glickstein, Mayor MAE VOLEN SENIOR CENTER, INC. By:_ Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013, by (name of officer or agent, title of officer or agent) of Mae Volen Senior Center, a Florida corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. 2 Signature of Notary Public - State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: September 20, 2013 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 SPECIAL EVENT REQUEST/ 27TH ANNUAL TURKEY TROT ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the 27th Annual Turkey Trot sponsored by the Parks and Recreation Department to be held on November 23, 2013 from 7:00 a.m. to approximately 9:00 a.m. Commission is also requested to grant a temporary use permit per LDR's section 2.4.6(F) for the closure and use of A -1 -A from Casurina to George Bush Boulevard from 4:00 a.m. to approximately 9:00 a.m., and to authorize staff support for traffic control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Parking lots, as well as along Atlantic Avenue from Venetian to A -1 -A from 6:30 a.m. until approximately 9:30 a.m. BACKGROUND Attached is a permit request received from Danielle Beardsley, Marketing Coordinator, for this event, along with an event map, budget and other information. The event proceeds will benefit the Keith Straghn Feed the Hungry Thanksgiving Drive. The estimated overtime cost for this event is $3,100, stage rental $265, barricade rental $250 and signage $250 for an approximate total cost of $3,865. Per event policies and procedures, since this is a City sponsored event, there will be no charges for staff overtime or rental costs. The City is self insured. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, and waiver of the parking meter fees from 6:30 a.m. until 9:30 a.m. for Sandoway, Ingraham, Anchor Parking lots and along Atlantic Avenue from Venetian to A -1 -A. RECEIVED City of Delray Beach DELRAY BEACH Special Event Permit SEP 0 4 2013 Afl-Anie C' Application ADMINISTRATIVESERVIC1,.1 REVISED 11.2.11 0 PLEASE TYPE OR PRINK` 1993 2001 Event Name/Title: Delray Beach Turkey Trot 5K Run and Health Walk Event Date(s): November 23, 2013 Times: 7:00 am - 9:00 am Requesting street closure: . yes ✓� no (If yes, need time /date for closure and reopening) November 23, 4:00 am - 8:45 am Event Sponsor/Producer: Delray Reach Parks and Recreation Event Contact /Coordinator: Danielle Name: Danielle Beardsley Address: 50 NW 1st Ave., Delray Beach Telephone Number: 56t-243-7277 Cellular Number: E -mail Address: beardsleydCmydelraybeach.com Event Descrip #ion /Purpose: Fundraiser for the Keitli Stragh Feed the Httngty thanksgiving Drive. Brief history of Event (If applicable): The event is in its 27th year, and has raised thousands of dollars for the foundation. Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's fides, games, other programs): 3.1 mile run and health walk, trophy award ceremony Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): 436 Describe the targeted population and expected attendance: open to everyone, with an updated division aimed at youth Describe how the program or project addresses community needs: Helps reed the hungry in Delray Reach, Boca Raton, and Boynton Beach during the Thanksgiving Holiday. Describe your Marketing/Pronrotions Program (How will you market/prornote, i.e. TV, radio, posters, flyers, web sites, other): all of it Sponsor Category (please check) City✓ Non- Profit/Charitable o Private o Co- Sponsor -- Non- Profit/Private o (If Norr profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Registration and start at Anchor Park with the course nu3ning along A I A to George Bush Blvd. Site plan attached: yes ✓❑_ 110-0 (Site plan required for entire event site. Include locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes ❑ no�_ (If yes, attach proof of approval) Rental of Old School Square Park: yes ❑- -- no– Fy 71 _ (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes ❑ -- - no_z_ (If yes, attach letter giving authorization froth property owner) Event budget Revenue & Expenses attached: yes_ Q✓ no (Rerlulredfor all events) UA%vNYdatal$peckd Event Request\Speeial lEvent Permit Application REVISED FINAL MO- 11(3),doa Page 3 of 5 Previous year Revenue/Expense summary attached: yes__z___ no —❑_ (Required for all events) Arts and Economic Impact Calculator attached: yes_ no�� Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event; yes 0 noo Q (Indicated on budget) Do you have inkind sponsors for the event: yes _ nom.. (Indicated on budget) Serving or selling alcoholic beverages: yes - no W] If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license rind alcohol liability insurance required tivo (2) weeks prior to event) Event certificate of insurance attached: yes_ no (Required t;vo (2) weeks prior to event naming the City as additional insurer/, also required for vendors) Playing of amplified music: yes 12 no�_ (Witiver required) Will there be entertainment: yes � no�_ (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes_ no Requesting Police assistance: yes �✓ no (traffic control /security) Will supplement with private security: yes (If yes, creed plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance; yes ❑✓ no (If no, how are you handling ?) Requesting trash rernovaVclean up assistance: yes IIo (If no, how are you handling ?) Requesting trash boxes /containers and iinexs; yes f I - no Requesting stage use: yes__...__._, no (If yes, check type) Large stage (14'x 361) o Small stage (IG' x 211) ❑ Half small stage (8' x 21') U, m-NvdalOpecial Event RegoMpecial' rent Pennit Application REVISED FINAL FYI0.1 I(3),doc Page A of 5 Requesting signage: ye ✓ no Type: 4'x4'Event sign --Z— Parking Signs �/ Banner hanging Indicate dates required Event sign Nov 11, Parking Nov 23 (Waiver required if more that two (2) weekpr -lor to event) Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) Other vendors: (Indicate type) ye S 1r 1_...__,._.__. _ no_.._..._.._..._1..� yes_ no n no yes ❑✓ no ❑ merchandise and informational vendors Tents: yes_ fro Ifyes, How many 6 What size or size required I- 20,x20: s- 1OxIO's (Ifyes, tent perntits and fire inspections may be iteeded) Will the event include amusement rides: yes 110__- __-a_ -- (If yes, type and location and copy of liability insurance required, also reriuhvs state license and inspection.) Will the event be gated: (Show on -site »lap) yes_ no - -_Li Will there be a charge for the event: yes. ❑✓ 110 (Ifyes, indicate ticket prices) $20-30 Will there be fireworks or other pyrotechnics: yes no__ (Ifyes, coufact Fire Marshal to obtain and complete perrrlit application) Will there be cooking with compressed gas: yes no�___...._.._ (Ifyes, contact hire Marshal for inspections) Will you be providing port -a -lets for the event: yes no __ ✓❑ ___ ._ (Ifyes, locate our site map. If fro, indicate how you will handle restroorrr needs) Is reserved parking requested: yes no n (Ifyes, indicate locations and propose for use) U:1��nvdata�Specinl Event 1ZegttestiSpccial EveM Permit Application REVISFD FINAL FYI 0 -1 i (3),doc Page 5 of 5 Event Permit Attachments; Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non- Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized, Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 clays prior to event • Neighborhood Block Party 30 days prior to event -7p6mds Event Contractor /Coon n for Please print: Danielle Bear Date Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. I" Avenue, Delray Beach, Florida 33414, Required with permit application. Tot- staff Use Oitly Date Received Application fee received U:h��vdafa�Specinl ]Event Requcstl5pecial ]Event PennitApplication RE-V1SCb FINAL FYI O -1 1(3).doe !►� r f uviu a +ur� HarbO cj U } I r -1E 1 1 ST j �. ror S���IC�dCCI �,Q r °- Harbor Q rid ` Withers p0 n � i p f ! E 1 0 ST [ Driftavood Landing �A. Mc ee Fefican -La .._. tJ E 9 ST z 7 Q ID a1 r f Soutth . QaG\�a NE 7 Ct�'e �, restwo.od Ter �tiG ' : St :�`$3 — - - Dr - r. er NE n 6 ST CL 42JA Harbor' D.r O A Ct � �. N E 5 St ~ � � 1 3 � � � q Island-D r r L N ESE �- 5 St w w E r�r t�Z " Q Q Dr- a 11 Beach SEASPRAYm AV .. " w 7 Office.:•; � Qz j Q H WATERVYAY< I�AU San bvvY La w �., ' t �' E Q ST N Lain - -1 0 5tv 3 Sls t i M E " Q `° ) � _ F �`'� r` z E Vista De Mir 7 Q y, Thomas St ST NE 2 BLVD b z rN w NE 1 Ct BASIN DR I ' PA Al p N E ST Lowy Y.. H ��` . E✓.r�il� o „ I ids I. l LA - Adahtie, -0 St (W Fire Xxy �k Y�ovl ,...Y,, t ns cn L S ` ICSf,! . Z a>3i'<)ESw c � Plazalrk a � to -. . S I yyyz :; 1v �,r LSJ Llf W N ELU �Wa OR7s� y �� ' � 7 of C� > a 0 d .c Q X4,4 Q Q IA DEVI7 Q ro G is SE 1 Lt ST �� D "' mar D r W W c f � -a M a- V � N > c 2 m 1 UT Q Q r- '� ro C9 COCON r SE 2 ST Q fD IngraharnR Ave U, tCs ro Ocean w , w E too Nassau `StTe f� SE Bayl St - CJ Yacht. Langer w w ►�-� Q � fiasin ` SE 4 ST Casuarina Y 1�d 7 �V SE 5 ST o Bu TE o IV r � SE 6 ST �� Melal Uca E R d C ssa Tamarind Rd SE 7 Rd { r > > ❑ } o l c•, 0 Rat inia Atlantic Ave. gASUOIUAIA MrL9 Ij I, D 14 25th Annual Turkey Trot 17- Nov -12 Beginning Balance Revenues Registrations Received Registrations Received Registrations Received Registrations Received Registrations Received Registrations Received Total Revenues Expenses T- Shirts Barricades Cost co ............................................................................... ............................... Publix Split Second Timing ... Florida Running Ad ........... Fed Ex {numbers to rick stern Additional Barricades ............................................................................... ............................... Safety Pins and Shipping of Race Numbers ... ... ........................... Other Balance Donation to Keith Stragh End Balance In -Kind Bob's Quick Print Applications & Posters 400 Numbers, 9 Gift Certificates (IM nn $325.00 $25.00 $985.00 $1,105.00 $170.00 $4,505.00 $7,1 15.00 $7,115.00 Rotary Act. $2,125.00 $370.97 $0.00 $3,380.00 $178.00 $103.47 $0.00 $21.00 Total Expenses $6,178.44 $450.00 $235.00 $936.56 ($2,000.00) 1,063.44 Other Expenses out of Budgeted 48,90 Acct. .............. ........... Trophies $598.50 Other Expenses out of Budgeted 49.10 Acct, SF Running Forum $17810 27th Annual Turkey Trot 23 -Nov -13 PROJECTED Revenues Registrations Received Registrations Received Registrations Received Registrations Received Registrations Received Registrations Received Total Revenues $8,000.00 Expenses Rotary Act. T- Shirts $2,100.00 ................es ..... ....,..,...,...,.,.,.............. "" ..................................... .,... B arricades ............................................................................... ............................... Costco $350.00 ....'u-6 ..................................................................... ............................... Publix $0.00 . §.......... .............................................................. ............................... Split Second Timing ........................... $3,400.00 Florida Running Ad $178.00 Fed Ex (numbers to rick stern) ....................................................... ............................... $50.00 Additional Barricades $0.00 .,..,..!t ........................................................."....... ,...,......,,.,..,....,,...,... Safety Pins and Shipping of Race Numbers .... ............................ Other $21.00 Balance Donation to Keith Stragh End Balance In -Kind Bob's Quick Print Applications & Posters 400 Numbers, 9 Gift Certificates $8,000.00 Total Expenses $6,099.00 Other Expenses out of Budgeted 48;10 Acct. .............. ......... Trophies ............ ............................................ ............................... Other Expenses out of Budgeted 49.10 Acct. SF Running Forum $1,901.00 $1,901.00 $450.00 $235.00 $598.50 0 $178.00 D E L R A Y B E A C H Parks Recreation DIS cover 'I 1 Fuia� MEMORANDUM September 10, 2013 To: Louie Chapman, Jr., City Manager From: Danielle Beardsley, Special Events Coordinator Re: Turkey Trot 5K Run and Health Walk, November 23 RECEIVED SEP 10 2013 ADMINISTRATIVE SERVICES On November 23, Parks and Recreation will hold its 27th Annual Turkey Trot 5K Run and Health Walk at Anchor Park from approximately 7:00 am until 9:00 am. It would be greatly ap- preciated if you could waive the parking meters at Sandoway, Ingraham, and Anchor Parks from 6:30 am to 9:30 am. The extra time requested includes set up and breakdown. I would also like to request a noise waiver for 7:00 am until 9:00 am. We may be having ampli- fied music for the warm up, and will be making announcements. If you have any questions please feel free to contact me at x7277. Thank you. CC: Robert Barcinski, Assistant City Manager Anthony Strianese, Chief of Police Tim Simmons, Interim Director, Parks and Recreation Scott Aaronson, Parking Management V /Major Martin Tencer, CO- Volunteer Coordinator V /Major Bernard Zaretsky, CO- Volunteer Coordinator MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: September 24, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 SPECIAL EVENT REQUEST / HALLOWEEN PARADE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the Annual Halloween Parade produced by the Noontime Rotary Club proposed to be held on October 26, 2013 from 1:00 p.m. until approximately 2:00 p.m., and to approve a temporary use permit per LDR's Section 2.4.6(F) for the closure of NE 2nd Avenue from Old School Square Park to Atlantic Avenue and Atlantic Avenue from NE 2nd Avenue to the Intracoastal Waterway. Commission is also requested to approve staff support for traffic control, security and barricading. BACKGROUND Attached is a special event permit, budget, site plan and an Economic Prosperity Calculator received from Harvey Brown on behalf of the Noontime Rotary Club. Participants will assemble at the Old School Square Park and proceed to Veteran's Park. The estimated overtime cost is $1,780, the 5% administrative fee is $90 and barricade rental is $250, for an estimated total cost of $2,120. Per the Event Policies and Procedures, the event producer is responsible for 100% of these costs. RECOMMENDATION Staff recommends approval of the special event permit, the temporary use permit for road closures and staff support as requested for this event contingent on the receipt of the Certification of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 14, 2013. City of Delray Beach Special Event Permit Application REVISED 11.2.11 RECEIVi. DEMY BEACH { p D A SEP I 201 1 ADMINISTRATIVESERV r PLEASE TYPE OR PRINT 1993 2001 EventName/Title: _ ` Pf1.�� l {`} YV,+�S>C- NA �j� Event Date(s): �[UC: - � 1� Times: CC , �+C3 � Requesting sheet closure: . yes (If yes, need time /date for closure and reopening) `Ply ? Nyz."tDz- no Event Sponsor/Producer: ` iJELLAA � Event Contact/Coordinator! , A LNcwf, �&la+J Name: Address :_ (.�U Telephone Number: E -mail Address: 4g Brief History of Event (If applicable):._. T -t- Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other pry rams): Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): - 0 1 Describe the targeted population and expected attendance: Describe how the program or project addresses community needs; I'D. a' .1► J t-i t& f ut A'J Describe your Marketing/Proniotions Program (How tivill you niarket/promote, i.e. TVs radio, posters, flyers, web sites, other); t Sponsor Category (please check) City o Non- Profit/Charitable Private 11 Co-Sponsor—Non-t- -- /I'riv to o (If Nont profit aflaell proof of 50IC(3), C(4)) C(6), LOO, O!' C(19) or (d) Event Location (Describe area boundaries of event/location): Sa tJ4 Site plan attached: yes' (Site plait regcrlred for entire event site. include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no %' (If yes, attach proof of approval) Rental of Old School Square Park: yes no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Ilse: yes no (If yes, attach letter giving authorization from property owner) I Event budget Revenue & Expenses attached: yes no (Required far all events) UANN- datASpccial Event Request\Spedal Event Pemdt Application REVISED FINAL FYI 041( A00 Page 3of5 Previous year Revenue/Expense sununary attached: yes no >, (Required for all events) Aids and Economic Impact Calculator attached: yes no Obtained on line at www,AmericansForTlleArts.org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes_ -__,L_ no (Indicated on budget) Do you have inkind sponsors for the event: yes '� no (Indicated on budget) Serving or selling alcoholic beverages: yes no If yes, what entity is obtaining the Alcohol License perinit? (If yes, copy of license and alcohol liabilily insurance required tivo (2) weeks prior to event) Event certificate of insurance attached: yes no (Required tivo (2) weeks prior to event naming lire City as additional insured, also required for vendors) Playing of amplified music: yes no -- (Waiver required) Will there be entertainment: yes no (If yes, attached list of Performers and /or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes,_ no (traffic control /security) Will supplement with private security: yes no� (If yes, need plat attached) Requesting Emergency Medical assistance: yes Requesting barricade assistance; yes no—X-- (If no, how are you handling ?) Requesting trash removal/clean up assistance: yes no > (If no, how are you handling?) Requesting trash boxes /containers and liners: yes no Requesting stage use: yeS no Y (If yes, check type) Large stage (14' x 361) ❑ Small stage (16' x 211) u Half small stage ($' x 21') o 1 AwNvdatAlSpeclal Event Retlucst\Speciat Event Pennit Application REVISED FINAL FYIO -I 1(3).doo Page 4 of 5 Requesting signage: I , yes Type: �l'x4'I;vent sign :7 Parking Signs Banner hanging Indicate dates required (Waiver required if more than No (2) iveek prior to evenly rro Requesting City Portable Generator: yes no (If yes, size & power) Food and beverage vendors: yes no If yes, approximate number (Health Department approval required) yes no Other vendors: yes nom . (Indicate type) Tents: yes no 'µ If yes, How runny Mint size or size required (V yes, tent perrrrifs alai fire inspections may he needed) Will the evert include amusement rides: yes no (If yes, type and location and copy of liability insurance required, also r'egrrlres state license and inspection) Will the event be gated: yes no f (Sho►v on -site reap) Will there be a charge for the event: yes 110 (If yes, Indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes 110 r (If yes, contact Fire Marshal to obtain and complete perrrrit application) Will there be cooking with compressed gas: yes nom_._ (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes no (If yes, locate on-site rnap. If no, Indicate hoiv you will handle restroon) creeds) \mo Is reserved parking requested: yes no t — (If yes, indieate locations and purpose for use) UAwMatOpecial Event RequesMpecial Event Pennit Appiicalion REVISED FINAL FYl O -1 1(3).doe Page 5 of 5 Event Permit Attae enw Revenue/Expense Budget Revenue /Expense Recap Last Years Event Site Plan Arts and Economic hiipact Calendar — S PQ Letter Requesting Noise Ordinance Waiver "14 Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non - Profit Status General Liability Insurance Certificate r✓ 4 Alcohol Beverage Liability Certificate —414--proof of Rental Agreement or Authorization Letter from Private Propel•ty Owner Hold Harmless Agreement, notarized, Submittal Date Requirements: • Minor Event 45 days prior to event + Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Blocic party 30 days prior to event I 6113II Ev'ae /Coo ydinator Date Please print : Wvc*L Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444, Required with permit application. For Staff Use On ly Vy Date Received � Application fee received $ �� U:hti wd,flOpecial Event RequesMpecial Event Permit Appl ication R1 VISE D FINAL FYI G-1 1(3).dN N `ci Q. T— VII O N 'a) c E <i CL z 0 m 0 0 =w0 A: r w 1 • r r ` ' I 4 i� now- opr ,J L1 n RM rii dw 4*. A(, Nell 0.0 - 1 0. ode or. I I Ail pr yt -4l r•w 4 II i .j r A �� ice• =LAW I �, * at i ' Ar - - . • , of . , _ _rt I 04 At 9 I 7 , i . t-$a } t I� - WE view ;w-- r � 1 .T• � b Y .r S Halloween Parade 2011 Budget Expenses City Costs $1,500 TOTAL EXPENSES $1,500 RECEIVED Revenue 'EP 19 2013 Sponsorships $1,500 ADMINISTRATIVE SERVICES TOTAL REVENUE $1,500 Halloween Parade 2012 Budget Expenses City Costs $1,500 TOTAL EXPENSES $1,500 Revenue Sponsorships $1,500 TOTAL REVENUE $1,500 Arts & Economic Prosperity IV: Calculator Page 1 of 2 II1TF�RNi�4TIC�I�I POPULATION of your community: �aTEI� � TOTAL EXP €NSf =,� , Your Organization's TOTAL EXPENSES (please do not use commas): TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): T Reset: 50,000 to 99,999 1500 _ 15ao Total The total dollars spent by your nonprofit arts and culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization andlor its audiences. An FTE can be one http:// www. americansforthearts .org/infoimation scivices /research/serviecs /economic _imp... 9/19/2013 Total Expenditures FTE Jobs household Income Local Government Revenue State Government Revenue Nonprofit Arts and Culture $1,500 0.1 $1,262 $521 ! Organizations: - - - -- -- - -- - -- ___$621 --- Nonprofit Arts and Culture F $30,465 0.8 $18,392; $1,597 $1,729 Audiences: Industry Impact: Sum Organizations Audiences) S $31,965, 0.9 $19,654 $1,649 $1,7911 (The of (Tbe and - PrtntYaurRestllts Please see the fine prin t below. Total The total dollars spent by your nonprofit arts and culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization andlor its audiences. An FTE can be one http:// www. americansforthearts .org/infoimation scivices /research/serviecs /economic _imp... 9/19/2013 WHEREAS, the Delray Beach Orchid Society, founded in 1974, is affiliated with the American Orchid Society and shares with it the purpose of promoting the enjoyment of and fostering education concerning orchids, as well as advancing their conservation and preservation in the wild in all corners of the globe; and WHEREAS, the Delray Beach Orchid Society will hold its 23rd Annual Show on October 25th, 26th and 27th, 2013, at Delray Beach Center For The Arts at Old School Square vintage gymnasium; and WHEREAS, the goal of this year's show, "Orchids on the Square" is to bring the beauty of orchids to downtown Delray Beach for the enjoyment of all; and WHEREAS, the Delray Beach Orchid Society's annual show is regarded as one of the finest in the state of Florida; NOW THEREFORE I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, on behalf of the City Commission do hereby recognize: DELRAY BEACH ORCHID SOCIETY'S 23rd ANNUAL SHOW "ORCHIDS ON THE SQUARE" encourage all residents to come and support the Delray Beach Orchid Society's 23rd Annual Show. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, to be affixed this 1St day of October, 2013. CARY GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: September 26, 2013 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of September 16, 2013 through September 27, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of September 16, 2013 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (5 to 0, Derline Pierre -Louis absent), of the abandonment of a 10 feet wide alley right -of -way lying within the property located at 828 NE 1 st Court. The alley right -of -way extends 78.80 feet south of NE 1 st Court between Lots 27, 28 and 29, Seestedt- Stevens Subdivision. B. Determined on a 5 to 0 vote that the proposed Five Year Capital Improvement Plan for FY 2013- 14 through FY 2017 -18 and FY 2014 Capital Improvement Budget were consistent with the Comprehensive Plan. This item was considered by the City Commission on September 17, 2013. Other Items: C. Discussed the application for a Florida Recreation Development Assistance Grant (FRDAP) which will include installation of a splash pad, benches, umbrellas, tables, etc. for Pompey Park Pool Improvements (1101 NW 2nd Street). D. Discussed the application for a Florida Recreation Development Assistance Grant (FRDAP) which will include the renovation/replacement of wooden playground equipment, benches, tables, etc. for Veterans Park improvements (802 NE 1 st Street). E. Reviewed the response from the City Engineer to infrastructure recommendations collected from the public for consideration in the upcoming Capital Improvement Program. Site Plan Review and Appearance Board Meeting of September 25, 2013 1. Tabled with direction (6 to 0), a request to amend the master sign for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard (1725 S. Federal Highway) to allow Zona Fresca to have their corporate colors. 2. Approved on a 5 to 0 vote (Mark Gregory stepped down), to allow the El Camino sign to be considered as an action item rather than a discussion item as listed on the agenda. Subsequently, the Board approved (4 to 1, Terra Spero dissenting and Mark Gregory stepped down), the sign within a mural for El Camino Restaurant, located on the east side of Pineapple Grove Way, north of East Atlantic Avenue (15 NE 2nd Avenue). 3. Approved (6 to 0), a request for a color change for Downtown Lofts, an existing multiple family residential development located on the east side of SE 4th Avenue, just south of SE 1St Street (103 SE 4th Avenue). 4. Approved (6 to 0), a request for a color change for Architectural Panel Products, located within the Delray Park of Commerce, located at the northeast corner of Lake Ida Road and Congress Avenue (1175 NW 17th Avenue). 5. Approved with conditions (4 to 0, Jose Aguila and Rustem Kupi stepped down), a Class III site plan modification, landscape plan and architectural elevation plan for Delray Village Shoppes (formerly Lintoo Development), associated with changing the previously approved bank outbuilding located in the southwest corner of the site to a multi- tenant retail building containing a restaurant and retail uses; along with associated landscaping and parking lot modifications. The subject property is located on the north side of Linton Boulevard, east of SW 4th Avenue (551 Linton Boulevard). No other appealable items were considered by the Site Plan Review and Appearance Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 6. Recommended to the City Commission approval (6 to 0), of a waiver to LDR Section 4.6.7(J)(3) to allow three signs to be placed above the roof line and a waiver to LDR Section 4.6.7(E)(7) to allow two signs to be placed on elevations that do not face a dedicated street frontage for Spodak Dental Group, located on the north side of West Atlantic Avenue, west of Homewood Boulevard (3911 West Atlantic Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT OCTOBER 1, 2013 SPRAB: �w 1. ZONA FRESCA 3. DOWNTOWN LOFTS 5. DELRAY VILLAGE SHOPPES (fka. LINTCO) 2. EL CAMINO RESTAURANT 4. ARCHITECTURAL PANEL PRODUCTS -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \10 -1 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Service Director THROUGH: Louie Chapman, Jr., City Manager DATE: September 20, 2013 SUBJECT: AGENDA ITEM 8.0.1 - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 CONTRACT AWARD/ FLORIDA- SPECTRUM ENVIRONMENTAL SERVICES, INC. ITEM BEFORE COMMISSION Request to approve an award to Florida - Spectrum Environmental Services, Inc. for annual supplemental laboratory services for the Water Treatment Plant Laboratory at an estimated $19,500 for fiscal year 2013/2014. The award is through an active contract with the City of Naples, Contract RFP 011 -12. BACKGROUND The Water Treatment Plant has a need for supplemental laboratory water testing and analysis services to be in compliance with the various mandatory State and County water testing regulations. These professional services will be used on "as needed" basis to supplement the City's internal laboratory capabilities. The cost of services for fiscal year 2014 is estimated not to exceed $19,500. Funding for supplemental services was requested and approved in the divisions fiscal year 2013/2014 operating budget. The City of Naples, through a competitive bid process for Lab Testing Services, awarded a contract to Florida- Spectrum Environmental Services, Inc. The City of Naples's RFP 011 -12, allows the extension of unit pricing, terms and conditions for use by other governmental entities. Their contract has also been utilized by the City of Coral Springs and the City of Deerfield Beach. Upon award, the vendor will execute the "Standard Form of Agreement Between the City and the Contractor ". REVIEW BY OTHERS City Attorney Finance FUNDING SOURCE Funding is available from account #441 - 5124 -536- 34.90, Water and Sewer Fund /Other Contractual Services, available in FY 2013/2014. RECOMMENDATION Staff recommends award to Florida - Spectrum Environmental Services, Inc, in the amount of $19,500.00 for supplemental laboratory services at the Water Treatment Plant Laboratory for fiscal year 2013/2014. 10 lorida "spectrum Environmental Services, Inc. THE EXTENSION OF CONTRACT TERMS & PRICING UNDER THE CITY OF NAPLES CONTRACT RFP 011 -12 TO THE CITY OF DELRAY BEACH Florida- Spectrum Environmental Services, Inc. 1460 W. McNab Road Ft. Lauderdale, FL 33309 PH: 954.978.6400 FAX: 954.978.2233 www.flenviro.com plorida _ _ ectrom nvironmental Services, Inc. September 18, 2013 City of Delray Beach Juan Manzano Compliance Division Manager Environmental Services Department Tel: (561) 243 -7318 / Cell: (561) 573 -6674 manzano@mydelraybeach.com RE: THE EXTENSION OF CONTRACT TERMS & PRICING UNDER THE CITY OF NAPLES CONTRACT; RFP 011 -12 TO THE CITY OF DELRAY BEACH Dear Mr. Juan Manzano and Members of the Selection Committee: On behalf of Florida - Spectrum Environmental Services Inc., I am pleased to offer the extension of contract terms and pricing under the City of Naples Contract RFP 011 -12 to the City of Delray Beach. Florida - Spectrum is confident that we will exceed all the specified requirements to provide analytical support services to the City of Delray Beach, as well as ensure adequate cost comparison and value. Florida - Spectrum Environmental Services, Inc. is committed to providing all of the specified requirements in accordance with the requested turnaround time and all required contract specifications. I am confident that upon review of our qualifications, you will deem Florida - Spectrum Environmental Services, Inc. an asset to this contract. Thank you for your time and consideration. I look forward to the opportunity to work with you. Sincerely, (XX11dfine A. (Xilld Katharine A. Kutil Director of Sales & Marketing Florida - Spectrum Environmental Services, Inc. www.flenviro.com 1460 West McNab Road Ft Lauderdale, F133309 Phone 954.978.6400 • Fax 954.978.2233 CITY OF NAPLES, FLORIDA AGREEMENT (PROFESSIONAL SERVICES) Bid /Proposal iNo. RFP 011 -12 Contract No. Project Name Laboratory Testing Services for the Utilities Department THUS AGREEMENT (the "Agreement ") is made and entered into this 7th day of March, 2012, by and between the City of Naples, a Florida municipal corporation, (the "CITY ") and Florida Spectrum Environmental Services, Inc., a Florida corporation located at 1460 W. McNab Read, Ft. Lauderdale, Florida 33309. WITNESSETH; WHEREAS, the CITY desires to obtain the services of the CONTRACTOR concerning certain services specified in this Agreement (referred to as the "Project "); and WHEREAS, the CONTRACTOR has submitted a proposal for provision of those services; and WHEREAS, the CONTRACTOR represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONTRACTOR'S RESPONSIBILITY 1.1. The Services to be performed by CONTRACTOR are generally described as laboratory testing services for the City of Naples Utilities Department, and may be more fully described in the Scope of Services attached as Exhibit A and made a part of this Agreement. 1.2. The CONTRACTOR agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida, the City of Naples, and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONTRACTOR pursuant to this Agreement. 1.3. The CONTRACTOR agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ or retain only qualified personnel to provide such services. 1.4. CONTRACTOR agrees to employ and designate, in writing, within 5 calendar days after receiving its Notice to Proceed, or other directive from the CITY, a qualified licensed professional to serve as the CONTRACTOR's project manager (the "Project Manager "). The Project Manager shall be authorized and responsible to act on behalf of the CONTRACTOR with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Rev. 8/13/06 1 1.5. The CONTRACTOR has represented to the CITY that it has expertise in the type of professional services that will be required for the Project. The CONTRACTOR agrees that all services to be provided by CONTRACTOR pursuant to this Agreement shall be subject to the CITY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as may be applied to the type of services to be rendered, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONTRACTOR In the event of any conflicts in these requirements, the CONTRACTOR shall notify the CITY of such conflict and utilize its best professional judgment to advise CITY regarding resolution of the conflict_ 1.6. The CONTRACTOR agrees not to divulge, furnish or make available to any third person, firm or organization, without CITY's prior written consent, or unless incident to the proper performance of the CONTRACTOR's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONTRACTOR hereunder, and CONTRACTOR shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. However, the CONTRACTOR shall comply with the Florida Public Records laws. 1.7 The CONTRACTOR agrees not to employ or offer to employ any Elected Officer or City Managerial Employee of the CITY who in any way deals with, coordinates on, or assists with, the professional services provided in this Agreement, for a period of 2 years after termination of all provisions of this Agreement. For purposes of this paragraph, the term "Elected Officer" shall mean any member of the City Council. For purposes of this paragraph, the term "City Managerial Employee" shall mean the City Manager, the Assistant City Manager, the City Clerk, and any City department head or director. If the CONTRACTOR violates the provisions of this paragraph, the CONTRACTOR shall be required to pay damages to the CITY in an amount equal to any and all compensation which is received by the former Elected Officer or City Managerial Employee of the CITY from or on behalf of the contracting person or entity, or an amount equal to the former Elected Officer's or City Managerial Employee's last 2 years of gross compensation from the CITY, whichever is greater. 1.8 The CONTRACTOR agrees not to provide services for compensation to any other party other than the CITY on the same subject matter, same project, or scope of services as set forth in this Agreement without approval from the City Council of the CITY. 1.9. Except as otherwise provided in this Agreement, the CONTRACTOR agrees not to disclose or use any information not available to members of the general public and gained by reason of the CONTRACTOR's contractual relationship with the CITY for the special gain or benefit of the CONTRACTOR or for the special gain or benefit of any other person or entity. ARTICLE TWO CITY'S RESPONSIBILITIES 2.1. The CITY shall designate in writing a project coordinator to act as the CITY's representative with respect to the services to be rendered under this Agreement (the "Project Coordinator "). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions with respect to the CONTRACTOR's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONTRACTOR that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONTRACTOR; (b} The time the CONTRACTOR is obligated to commence and complete all such services; or (c) The amount of compensation the CITY is obligated or committed to pay the CONTRACTOR. Rev. 8/13/08 2 Any such modifications or changes ((a) (b) or (c)) shall only be made by or upon the authorization of the CITY's city manager as authorized by city council in the enabling legislation or in the CITY's procurement policies. 2.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONTRACTOR for payment for services and work provided and performed in accordance with this Agreement; (b) Arrange for access to and make all provisions for the CONTRACTOR to enter the Project site to perform the services to be provided by the CONTRACTOR under this Agreement; and (c) Provide notice to the CONTRACTOR of any deficiencies or defects discovered by the CITY with respect to the services to be rendered by the CONTRACTOR hereunder. 2.3. The CONTRACTOR acknowledges that access to the Project Site, to be arranged by the CITY for the CONTRACTOR, may be provided during times that are not the normal business hours of the CONTRACTOR. ARTICLE THREE TIME 3.1. Services to be rendered by the CONTRACTOR shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the CITY for all or any designated portion of the Project and shall be performed for a period of two years, with the City's option to renew for two one -year renewal periods. Time is of the essence with respect to the performance of this Agreement. 3.2. Should the CONTRACTOR be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of the CONTRACTOR, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the CITY, fires, floods, epidemics, quarantine regulations, strikes or loch -outs, then the CONTRACTOR shall notify the CITY in writing within 5 working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the CONTRACTOR may have had to request a time extension. 3.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the CONTRACTOR's services from any cause whatsoever, including those for which the CITY may be responsible in whole or in part, shall relieve the CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the CITY. The CONTRACTOR's sole remedy against the CITY will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. 3.4. Should the CONTRACTOR fail to continence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the CITY hereunder, the CITY at its sole discretion and option may withhold any and all payments due and owing to the CONTRACTOR until such time as the CONTRACTOR resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the CITY's satisfaction that the CONTRACTOR's performance is or will shortly be back on schedule. ARTICLE FOUR COMPENSATION 4.1. The total compensation to be paid the CONTRACTOR by the CITY for all Services shall not exceed $60,000.00 per project or assignment and shall be paid in the manner set forth in the "Basis of Compensation ", which is attached as Exhibit B and made a part of this Agreement. Rev. 8/13/08 3 ARTICLE FIVE MAINTENANCE OF RECORDS 5.1. The CONTRACTOR will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by the CONTRACTOR for a minimum of five 5 years from the date of termination of this Agreement or the date the Project is completed, whichever is later. the CITY, or any duly authorized agents or representatives of the CITY, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the 5 year period noted above; provided, however, such activity shall be conducted only during normal business hours. If the CONTRACTOR desires to destroy records prior to the minimum period, it shall first obtain permission from the CITY in accordance with the Florida Public Records laws. ARTICLE SIX INDEMNIFICATION 6.1. The CONTRACTOR agrees to indemnify and hold harmless the City from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employer or utilized by the CONTRACTOR in the performance of the Contract. ARTICLE SEVEN INSURANCE 7.1. CONTRACTOR shall obtain and carry, at all times during its performance under this Agreement, insurance of the types and in the amounts set forth in the document titled General Insurance Requirements, which is attached as Exhibit C and made a part of this Agreement. ARTICLE EIGHT SERVICES BY CONTRACTOR'S OWN STAFF 8.1. The services to be performed hereunder shall be performed by the CONTRACTOR's own staff, unless otherwise authorized in writing by the CITY. The employment of, contract with, or use of the services of any other person or firm by the CONTRACTOR, as independent contractor or otherwise, shall be subject to the prior written approval of the CITY. No provision of this Agreement shall, however, be construed as constituting an agreement between the CITY and any such other person or firth. Nor shall anything contained in this Agreement be deemed to give any such party or any third party any claim or right of action against the CITY beyond such as may otherwise exist without regard to this Agreement. ARTICLE NINE WAIVER OF CLAIMS 9.1. The CONTRACTOR' acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the CITY arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of the final payment. Neither the acceptance of the CONTRACTOR's services nor payment by the CITY shall be deemed to be a waiver of any of the CITY's rights against the CONTRACTOR. ARTICLE TEN TERMINATION OR SUSPENSION 10,1. The CONTRACTOR shall be considered in material default of this Agreement and such default will be considered cause for the CITY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as Rev. 8/13/08 4 directed by the CITY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by the CONTRACTOR or by any of the CONTRACTOR's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The CITY may so terminate this Agreement, in whole or in part, by giving the CONTRACTOR at least 3 calendar days' written notice. I0.2. If, after notice of termination of this Agreement as provided for in paragraph 10,1 above, it is determined for any reason that the CONTRACTOR was not in default, or that its default was excusable, or that the CITY otherwise was not entitled to the remedy against the CONTRACTOR provided for in paragraph 10.1, then the notice of termination given pursuant to paragraph 10.1 shall be deemed to be the notice of termination provided for in paragraph 10.3 below and the CONTRACTOR's remedies against the CITY shall be the same as and limited to those afforded the CONTRACTOR under paragraph 10.3 below. 10.3. The CITY shall have the right to terminate this Agreement, in whole or in part, without cause upon 7 calendar day's written notice to the CONTRACTOR. In the event of such termination for convenience, the CONTRACTOR's recovery against the CITY shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by the CONTRACTOR that are directly attributable to the termination, but the CONTRACTOR shall not be entitled to any other or further recovery against the CITY, including, but not limited to, anticipated fees or profits on work not required to be performed. ARTICLE ELEVEN CONFLICT OF INTEREST 11.1. The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any mariner with the performance of services required hereunder. The CONTRACTOR further represents that no persons having any such interest shall be employed to perform those services. ARTICLE TWELVE MODIFICATION 12.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13.1. All notices required or made pursuant to this Agreement to be given by the CONTRACTOR to the CITY shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CITY's address of record: City of Naples 735 Eighth Street South Naples, Florida 34102 -3796 Attention: A. William Moss, City Manager 13.2. All notices required or made pursuant to this Agreement to be given by the CITY to the CONTRACTOR shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONTRACTOR's address of record: Rev. 8/13/08 5 Florida Spectrum Environmental Services, Inc. 1460 W. McNab Road Ft. Lauderdale, Florida 33309 Attention; Katherine Kutil, Account Executive 13.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE FOURTEEN MISCELLANEOUS 14.1. The CONTRACTOR, in representing the CITY, shall promote the best interest of the CITY and assume towards the CITY a duty of the highest trust, confidence, and fair dealing. 14.2. No modification, waiver, suspension or ten- nination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 14.3. This Agreement is not assignable, in whole or in part, by the CONTRACTOR without the prior written consent of the CITY. 14.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 14.5. The headings of the Articles, Exhibits, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Exhibits, Parts and Attachments. 14.6. This Agreement constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. Sec. 14. 7. The CONTRACTOR shall comply fully with all provisions of state and federal law, including without limitation all provisions of the Immigration Reform and Control Act of 1986 ( "IRCA ") as amended, as well as all related immigration laws, rules, and regulations pertaining to proper employee work authorization in the United States. The CONTRACTOR shall execute the Certification of Compliance with Imtigration Laws, attached hereto as Exhibit "D ". ARTICLE FIFTEEN APPLICABLE LAW 15.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either parry to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. Rev. 8/13/08 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the day and year first written above. 11.111*U sy: Tara A. Norman, City Clerk Approved as to form and legal sufficiency: By: 0 Robert D. Pritt, City Attorney 4�; ►'40 C40( ltnw'j5. kz�� CITY: CITY OF NAPLES, FLORIDA, A Municipal Corporation By: A. William Moss, City Manager CONTRACTOR: FL Spectrum Env. Services, Inc. By: Its G (CORPORATE SEAL) General Contract (not ArchitecWEngineers) Rev. 8/13/98 7 EXHIBIT A SCOPE OF SERVICES The Services to be provided under this Agreement are those set out below, attached and made part of this Exhibit A. It is imperative that the City of Naples be prepared for all sampling events the Department of Environmental Protection (DEP) and the Environmental Protection Agency (EPA) currently require and what they may require in the future. The City of Naples seeks to establish contractual arrangements with at least one (1) or more (up to 3) qualified Laboratories, on an as needed basis, for a two -year period, with the City's option to renew for two additional one -year periods, to provide environmental testing services. Laboratories may use subcontracted labs to perform the services. All test results will be TNI certified. Those services would include: ❑ Lab analyses with accurate results and chain of custody. ❑ Provide coolers and sample containers. ❑ 24.1hour turnaround time, if necessary, for lab analysis. ❑ Electronic Data reporting & invoicing. ❑ No charges for custom reporting. u Subcontractors that provide exclusive services (eg.- Crypto Sporidium 1 Giardia testing). END OF EXHIBIT A Rev. 8/13/08 8 EXHIBIT B BASIS OF COMPENSATION As consideration for providing the Services as set forth in the Agreement, the CITY agrees to pay, and the CONTRACTOR agrees to accept payment on a time and reimbursement cost basis for other basis] as follows: SAMPLING RATES Sampling hates i AW$ Sampling Labor Rate (per hour) $75j)o liilea e (When applicable by: special juote SG-55 Compositer Mental per 24 hr day Prim includes till 1±b for sehtp and next dsy sample pickup x275.011 Organic Vapor Analyzer Rental per 24 hr day $375.00 Bailers 515,00 EXPEDITED SERVICES & SPECIAL DELIVERABLES Expedited AmlyticaL2 Ce Factor x .Price Same Dav, <10 Hrs (200% Surcharge) 3.00 I Day (24 Hours) (100% Surcharge) 200 2 Days (48 Hours) (75% Surcharge) 1.75 3 Days (72 Hours) (50% Surcharge) 1.50 4 Days (96 Hc)urs) (25% Surcharge) 1.25 5 - 7 Days Standard TAT 1.00 Call your personal Client Service Manager ahead of time to reserve your expedited work with a RUSH.RESERVATION NUMBER Special Reports PSttCe Customer Report Format [quoted Electronic Deliverables Quoted QA /CSC Summary Report inclixling... $225.01 per Hr Blank, LCS Recovery, MSPK -D if , % Recovery & TiPD- Precision, Surrogate=s, Completeness, Acceptance Criteria as per published EPA 'Methodologies, QC Physical File Numbers.., 15% Surcharge Q Assurance data Request after report 20% Surcharge Technical Support Price Technician (software support, test selection, archivt retrieval, etc.) 580.00 per Hr Research (method development, literature search, forensic) 5175.00 per YTr Expert LVitness Testimony $225.01 per Hr Rev. 8/13/08 9 Metals METAL. WATER MATRIX COST SOIL, SOLIDS, OILS, & WASI COST Aluminum Al) 200.7/ 200.8 $10.00 6010 $15.00 Antimony Sb) 200.7/ 200.8 $10,00 6010 $15.00 Arsenic As 200.7/ 200.8 $10.00 6010 $15.00 Barium Ba 200.7/ 200.8 $10.00 6010 $15.00 Beryllium Be) 200.7/ 200.8 $10.00 6010 $15.00 Bismuth Bi FSE- ICP /ICP -AES $10.00 6010 $34.00 Boron B 200.71200.8 $10.00 6010 $15.00 Cadmium (Cdj 200.71200.8 $10.00 6010 $15.00 Calcium Ca 200.7/ 200,8 $10.00 6010 $15.00 Chromium Cr) 200.7/ 200.8 $10.00 6014 $15.00 Cobalt (Co) 200.71200.8 $10.00 6010 $15.00 Copper(Cu) 20#3.71200.8 $10.00 6010 $15.00 Gold Au 200,7/ 200.8 $50.00 5010 $65.00 Iran Fe 200.7i 200.8 $10.00 5010 $15.00 Lead Pb 200.71200.8 $10.00 5010 $15.00 Lithium Li) 241[7.7 $10.00 6010 $15.00 Ma nes'fum M 200.71200.8 $10.00 6010 $15.00 Manganese Mn 200.7/ 200.8 $10.00 6010 $15.00 Mercury H 245.1 $2100 7471 $26.00 MdI denum Ma 200.7/ 200.8 $10.€10 6010 $15.00 Nickel( Ni 200.7/ 200,8 $10.00 6010 $15.00 Palladium Pd)_ 200.7/ 200.8 $50.00 6010 $65.00 Platinum Pt 200.71200.8 $,50.00 6010 $65.00 Potassium K) 200-7/ 200.8 $10,00 6010 $15.00 Selenium Se 200.7/ 200.8 $10.00 6010 $15.00 Silicon Si 2007 $13.00 6010 $19.00 Silver (A2)_ 200.7/ 200.8 $10.00 6010 $15.00 Sodium Lmay 200.7/ 2003 $10.00 6010 $15.00 Strontium (Sr) 200.71200.8 $10.00 6010 $15.00 Sulfur (Total) 200.7 $40.00 6010 $60.00 Thallium (TO 200.7/ 2003 $10.00 6010 $15-00 Thorium (Th) 200.8 $10.00 - NC Tin (Sn) 200,7/ 200,8 $10.00 6010 $15.40 Titanium (Ti) :200.7/ 200.8 $10.00 6010 $15.00 Uranium U 21711,8 $27.00 6410 $75.00 Vanadium (V) 200.71200.8 $10.00 6010 $15.00 .Zinc Zn 200.7/ 200.8 $10.00 1 6010 $15.00 'Appropriate test methods wilt be selected to satisfy NEL,AC and meet your regulatory requirements. All prices include digesfionf axtraction except tar seawater ($65 surcharge) & TCLP (.$50 Extraction). Ask your Sales representative and or Cilent Service Manager for assistance with Special Request mr_tals not fisted above. Please Note: 1f2ms highlighted in 'Yell oW we are not certified for or certification is not regulated and still can be performed by FSES. In the event it is regulated, FSES can subcontract the work to a certified laboratory. Rev. 8/13/08 10 INORGANIC CONSTITUENTS AND PROPERTIES Eno anic Constituent Water Matrix Cost Sails, Solids, Oils, Waste Matrix Cost Aciday 3051 $2200 Aods.% and T Combined $45.00 Combined $60.00 ANWini (CaCD3 ) 310.E $10.00 Asoe8tos isubl 15.55D.310TEM $275.00 Eu,K $100.00 9iochemical G en Demand 800 -5 405.1 $24.00 Bromide 300 $10.00 9056 $35.00 Srornate. Chiorate, Chforite 3001 $50.00 BTU (Parr Bomb.l lSub ASTM $157.00 ASTM $225.00 Carbon. Total D anic TOC) S)A5310C $18.90 9060 {Sub} $68.00 0800 SM52100 $24.00 Carbon DIoxide CO2 310.1 $220 -00 Chemical Oxygen demand 410.4 $12 -00 $42.00 Chloride 300 a SM4590 $10.10 9056 538.09 Chloride in concrete N!A $75.00 Chlorine, Residua) 330.4 $21.00 Chlorine Demand SM 2.3508 $215.00 CWomph i A SM10200 $35.90 Chromiurn Haxavalant (Savannah Lab) SM 3500 -Cr B (20th:21 st Ed.}R1Y- VI$ $25.00 7196 Sul) $73.00 CoNform Fecal SMW220 $20.00 - - Cofltorm,Total SM9222B $20.00 Calm SM21208 $1200 NIA $28.00 Conducthr• 124.1 $6.00 9050 Com3sMt RCRA 518 -00 9040 $18 -OD C ar lde. Total SM 450OCN -E 327.00 9012 584.00 Flash PMCC ] nitabliti EPA 1910 $20.00 1 EPA 1010 $20.00 Fluoride 300 $10.1AF 9056 $1840 Grass Alpha s 900.1 $105 -00 - Gruss AE ha (H h Solids )lsub 900.1 $165.00 Gross BaWa sub 900 $105.00 - Halogens, Total 32513 (MOD € $80.00 FSE- TO)OTITR $32.00 -Halogens, afflapir (TON) 325.3 00] $80.00 5050290.56 $32.00 Hardness Total caic.1 200.7 $10.00 Hardness, Calcium 2007 $10.00 - Hydmcdrbuns. SGT -HEM (TRPH) few $38.00 FSE- 00-TRPHrGRAV $49.00 Hydrogen Su€lide 376.2 $413.00 9030 $52.00 Kad Fisher Water D6304 _180.00 Lab Fiflra(ion $1 OLD 1.an slier Index SM2330B $68.00 MBAS SURFACTANTS 425.11 SM5540C $26.00 W"te (NW)_ 3DO S StA4500 $10.00 9056 $18.04 Nitr4a (NO2) $00 H SM450D $10.00 9056 $18 -00 Wit "n Ammonia} NH3 350.1 $12.DD 350.1 $15 -00 Nitrogen (11- ah€HTKN} 3512 S1d.DD 351.2 $14.00 N&Ogenfrotal Organic) 3512 522.00 TKN minus AMMONIA Ni en (Total) 300 +351 Combined $26.00 TKN + Total nitrala-nitrite $25.00 Odor SM2150B $10.00 Oil 8 Grease, HEM 1664A $38 -00 9071 $40 -90 ox en Dissolved 360.1 $21.00 Paint Rher Uquids Test - 9095 $52.00 Pe rcent SNIds $160.3 $10.00 SM2540G $1 0.00 Percent Liquids S96" $12.00 Percent Water Karl Fischer 5580.00 H 150.1 56.00 9040 sa -00 Phenols 42021420.4 I W -00 9066 $26 -00 Rev. 8/13/08 11 INORGANIC CONSTITUENTS AND PROPERTIES Inorganic Constituent Water Matrix Cost Soils, Solids, Oils, Waste Matrix Cost Phosphorus, 0- 3001365.113652 510.40 9056 Phosphorus, Tt}lai 365.4 $15,00 365 -4 Phosphorus, Total (low level) 365.1 520,00 Radium 226 {sub] 903 $160.00 Radium 228 (sub] 90.1 $160.00 Reactivity (SW846) 40 CFFt 261.23 $140,40 40 CFR 261.23 $157.00 Residue, Total Filterable (TQS) 160.11,9M25400 $10.00 Residue, Nan - Filterable (T$S) 160.21 SM25400 $10 -00 - Flesidue. T" 180.3 $10.00 SM254OG $21.00 Residue, Volatile SM2540E1G $18.00 - Salinity SM210B $21.00 Silica 370.1 $12.00 - Specific Gravity Qensl ] SM213E moo SW213E $10,00 Sulfate SO41 300 8 SM4500 $10.00 9056 $25.00 Sulfide :176.1G76,2/ SM4500 -S F $18.00 9030 $130.00 Temperature 1701 $TOG Turt�idi 1II0.1 $9.00 UV254 SM591US $60.00 - Viscosity [Single Temperature] ASTM 1788 $73.50 ASTM D88 $78.00 'Approprirate test methods will be selected to saffsty NVLAC and meet your regulatory requirements. All prfcas inciude digeatiorVextraciion except for seawaters ($65 Surcharge) 8 TUP ($50 Extraction + individual metals in sail rnairtx price). Ask your Sales representative and or Client Service Manages for assistance with special request Methods nat listed - Please Note: items highlighted in "Yel €aW we are not certified for or certification is not regulated and dill can be pertormed by FSES. In the event it {s regulated, FSES can subcontract the work to a certified tabnratory. Rev. 8/13/08 12 Qrpanic Analysis (GC- GC /MSI Wtb*ftlny Drinking Water Cost Nan- Palable Water cost Sails, Solids, Qits, & Waste Matrix Cast Pur able Hadrearbons 8260 VCH $46.00 8260 VON $48.00 Pur eabte Aromalics +MTBE 8260 VOA $40 -00 8280 VOA $45.00 Pufgeable Organics + KMG by GCiMS THnts Only Libr Seasoh 524.2 5242 - $85 -00 $45.00 - 624162£30 Full 826MS $85.00 $45.00 $100.00 8260 Fuil - 826OLS $90.00 $100.04 ERR, OBCP 504.1 $42.00 8011 $42.00 8013 $94.00 O anochtarine Pesticides 508 $9000 608 $90.00 8081 $95.00 PCBs (Only} 508A $45.00 608 $45.00 8082 $50.00 Nitre en, Phan haws & Tria6ne Pesticides 507 $178.00 619 $178.00 OR2nophosporus Pesticides - 614 (8270) $95.£10 6141 (8270) $100.00 Chlomphenoxy Herbicides 515.1 5110.00 615 S110.00 8151 $120.00 Carhamate Pesticides 531. t $105.00 8318 $315.00 Glyphosate 547 $90.00 - Endothall 548 3110.00 D ual/Par uat 549 $157.00 - Ac (amide 8316 $300.00 8316 $ 300.00 Upichlorohydrin 8260 $100.00 8250 $ 100.00 Hataacetic Nitrites (HAN's) 551.1 $95.00 Haloacetic Acids (HAM) 552.2 $105.00 - - Florida- Petroleum Residual t]r anics _ FL-PRO $60.00 FL-PRO $55.00 Phenots 604•• (8270) $70,00 8040" 0270 S80 -00 Benbdlnes 605" (8270) $70-OD 8050" (8270) 580.00 Phthalate Esters - 606'* 82703 $70.00 81360" 82701 $80.00 Nitrosamines 807" (82711•) $70.00 8070" 8270 $81;1.00 Nitroaromatics & Ise ha ne - 8(19" (8270) $70 ,00 8090" (8270) $80.00 Polynuctear Aramaic Hydrocarbons (PAH) 610"(8270) $70.08 $310" (8270) $80.00 Haloethers 011 " (8276) $70 -00 8110" (8270) $80.00 Cfdorinated Hydmcairlms 612--(8270) $70 -00 8120" (8270) $$0.00 Semi- Volatile Exiraclable Compounds Library Search 525 $175.00 62518270 Fuif 827OLS $175 -00 $100 -00 8270 FuA 827OLS $195.00 $100.00 Met Drinking Water Cast Non- Polable Water Cost Soils, Solids, ❑il$, & Waste Matrix Cast Spec gon of Hydrocarbon C5 -C40 Specification derived from PAH, PRO & volalfloorganiccornoaund Data $441.00 $472.00 Petroleum Fin cirri 6015H- Modified $220.00 5220.00 $220.00 Caffelne in Surface & Groundwater )NEW) SOP 2004-0.125 Special Research Developed Method $315.00 $315.00 $315.00 'Approps'Wo test methods will be selected to satisfy NELAC and meet your regulatory tequiremenls. "Florida ERVIranmental normally uses (EPA $2518270 method to analyze for rase `600 & am series" methods. All pnces include 096stion/extradlon except for ... Seawaters ($85 Surcharge) & TCLP ($50 Extraction +irxiividual metal in soil matrix prioe). Ask you Sates Rep- and/or Qanl Services Manager for assistance wish special request Methods not listed above. Rev. 8/13/08 13 COMMONLY REQUESTED PROFILES Designate profile name on chain of custody for best pricing and convenience. BASIC FLORIDA DISPOSAL PACKAGES Disposal Package Description of Anal sis Cast of Analysis Packs a Name Description of Package Water Soil RCRA 8 Metals Ag, As, Be. Cd, Cr, Hg, Pb, Se $9100 $131.00 Priority Pollulant Metals Sb. As. Be, Cd, Cr. Cu, Pb, , Ni, 5a, Ag, T1, Zn $143.00 $206,00 ECR 11 Profile Chloride. Total Hardness, pH, ConducOvity, Nitrate $84.00 Optor, Ca, Fe, TOS T V.AJF.H.A1H.0 -D. pH, TOS, Hardness, Turbidity, Cu, Pb, Fe, As $165.00 Water Patabili Profile NOs, FL -, Coliform, NO2, Cl, Br, 6phos ate, sulfate _ Color, pH, As, Cd. Cu, Cr. Pb, Hg, Se. Ag, TDS, Odor, Dade Non - Community drinking Water Profile Ba, Fe, Mn, Na, Zn. CN -, R -, SO4, Phenols, MBAS, $805,00 13111(6010/7471!8260). NO3, Turbidity, CL -EPA 504, 508, 515, 524.2, 525 TAL List- inorganics'Metals Al, Sb, As, Ba, Be, Cd,Ca, Cr, Co, Cu, Fe, Mg, Mn, Hg, $310-00 $320.00 Ni, k. Se. Na, TI, V. Zn, CN -, Ag, sn, S, % Solids SM213E, PRO TCL List Or anies EPA 8260. 8270, 8[}8118092 $350.00 mo.00 40 CFA 258 Appendix I Metals Sb, As, Ba, Be, Cd, Cr, Co, Cu, Pb. Ni, Sa, Ag, T1, V, Zn $150.00 $225.00 40 CFR 258 Appendix I EPA 8260 w+ Extended List, 8611 $127.80 $184.100 Volatlfes 40 CFR 258 Appendix II As, Be, Cd, Or. Pb, Hg, Ni, Se, Zri, Ag, Sb, Cu, Ti, Ba, $2517.04 $410.00 Metals/ inorganics Co, Sn, V, CN -, S 40 CFR 258 Appendix 11 EPA 8260 wl extended list, EPA 8270 wlextended list, 5555.00 $6[70.06 99anics EPA 8061, 8141, 8151 THM Formation Potential Includes THMs $245.00 BASIC FLORIDA DISPOSAL PACKAGES Disposal Package Description of Anal sis EPAlStandard Test Cost of Name Distribution of Package Methods Anal sfs Basic Fingerprint Fla*hpoint, pH, %Solids, Specific Gravity 1010, 9045, S160.3, $126.04 ail & Grease, Color, Odor 5M213E, 9471, 140.1 Standard incineration PT0111e' Total (Cd, Pb, As, Cr, Hg, Se, Ba, Ni, Ag) 6010, 7471, 8260, 51160.3 $6t8.00 TCLP Purgeabie Nalocarbons & Aromatics PRO, 5050=53. PARR %Solids, PRO, Halogens, BTU Standard Landfill Profile TCLP (Cd, Pb, As, Or, Hg, Se, Ba, Ni, Ag) 13111(6010/7471!8260). TCLP Purgeabfe Halocarbvns & Aromatics 140, 1, 9045. SIGO.3, 1010 $487,00 pH. %Solids, Flashpoint, FL-PRO. Odor. SM213E, PRO Color, Spe4fic Gravity 'In the case of Used Oils, profile will need to include PCB`s at an additional charge of $50.017 per sample. AIR MONITORING (TEDLARBA„ G) Analysis Description of Anal sis Cost of Analysis TO-14 (MOD) Aromatics + Ha #ocarbons $253.00 TO -18 Aromatics on $116.00 Rev. 8/13/08 14 UST REMEDIATION DISPOSAL ,& SLUDGE PACKAGES Designate profile name on chain of custody for best pricing and convenience Packs a Name Description of Package Test Methods Cost 62.713 Volatile Halocarbons, As, Cd, Or. Pb, 8264 VOH, FL -PRO, 601013, $183.00 Petroleum Contaminated FLPRO, %Solids. 5050E-9056 PRE Treatment TOx (added when oil is of concern) t- $32.00 $215.00 U-713 Volatile Organics, Semi-Volatile Organics, 8260, 8270, 8081, 60108 Non-Petroleum Contaminated Pesticides. As, Ba, Cd, Cr, Pb, Se, Ag, Hg 7471 $521.00 PRE Treatment ` wiids 612.713 Vofatiie Aromatic, FL -PRO, As, Cd 8260 VOA, FL -PRO, Peholeum Conraminated Cr, Pb, Polynuclear Aromatic Hydmcarborts, 8270 PAH, 60108 $260.00 POST Treatment a Solids 62 -713 Volatile Organics, Semi - Volatile Organics, $250, 6270, 8061, Nan- Petrolaum Contaminated Pesticides, As. @a, Cd, Or, Pb, Se, Ag. Hg 6010B.7471 552 t .00 POST Treatment %solids TABLE B WATER: Pb, FL -PRO. EDE, Volatile Aromatics W: Lead, FL-PRO, 5014.1 5268.00 62.770' and Hslocarbans. MT8E, PAH 8260 VOAlVOH, 8270 PAH Gas & Kerosene Group SOIL! FL -PRO, Volatile Aromatics. PAH s. 5: 6260 VOA, $200.00 %Solids 8270 PAH, FL -PRO. Tsoffds TABLE C . W. 2401, 8¢60.8270, 8082, 62 -770:' As, Cd, Or, Pb, Priority Pollutant Vole *.ilex, Priority FL. PRO, Library search. $505,00 Used Oil Group Pollutant Sent- Volatiles, PCB's, FL -PRO, Non- Priorlty S: 60117. 8260, 8270, 8082. Pollutant Organics a 10.00 (waters only), %aSokfs FL -PRO, W0.00 (soils only) TCLP RCRA 4 Metals (it needed M table C) $510.00 TABLE D WATER: VOA, VOH, PAH, E'DE, As,Cd, Or, Pb, W: 8260, 8270. 8011, 200 $288.00 62.770." FL -PRO, GL- SO4. TOS series. FL -PRO, 300, 1601 Petreteurn 376.301 Group SOIL: VOA, VOH, PAH, FL -PRO, As, Cd, Cr, Pb S: 6260, 8270. 7000 or $30800 %Solids 6010 series, FL•PRO Sb, As, Be, Cd. Cr, Cu, Pb, Hg, Ni, Se, Ag, TI, W: 200 Series. 335.3.4217.2 5540.00 GFR 122, App. D Zn, Cyanide. Phenols. Volatile Organics. 8260. $270, 8081 Priority Pt#u €ants Semi- Volatifee Organics, Pesticides & PM, 5:6010, 9012, 8085, 8260, $706.00 % Solids 8270.808118082 CFR 266.40 Waste Oil, As, Cd, Or, Pb, Hg, Flashpoint. Halogens, 6010,7471, 1010, Energy Recovery Fronde pH, % Satids 5051!19056, 9045 $156.00 wlth Florida extras Statue 503 %Solids, Nitrogen, Phosphorus, AS, Cd, Cr, Cu 1603, 6010, 7471, 9045 $235.(10 Sludge Analysis Pb, H , Mo, Ni, K. 5e, Zn, H expressed as 22 weight RiNKER (CEMEX) As, Cd, Or, Pb, Hg, Se, Ag, Ba. VOA, VOH 6010, 7471, 8260, FL PRO, $331.00 Pre•bum Parameters FL -PRO, Tonal Organic Halogens, °Spuds 501501$056 For 'Non-Virgin" add PCB 8082 $381.00 DERM TCLP (As. Ba, Cd, Or, Pth Hg, Se. Ag, Ni, Cu,) 1311,601 017 4 71, 8266LL, $499.00 Clean Baokfill Criteria IVOA, VOH, PAH's, PRO, roil & Grease, % Solids 8270, PRO, 9071 In the case of Used Oils, profile will need to include PCBs at an additional charge of MAW per sample. Rev. 8/13 /08 15 TCLP /SPLP ANALYSIS AND PRICING EPA Hazardous Waste No. Contaminant Chenileal Abstracts Service Number Regulatory Revel MQL Method of Analysis D004 Arsenic 7440 -38 -2 5.0 1311/1312 -6010 D005 Barium 7440 -39 -3 100.0 131111312 -6010 D006 Cadmium 7440-43.9 1.0 1311/1312-6010 D007 Chromium 7440 -47 -3 5.0 131111312 -5010 0008 Lead 7439 -92 -1 5.0 131111312.6010 D009 Mercury 7439 -97.6 0.2 1311/1312 -7471 D010 Selenium 7782 -49 -2 1.0 131111312.6010 DD11 Silver 7440 -22 -4 5.0 131111312 -6010 D018 Benzene 71 -43 -2 0.5 1311/1312 -8260 D019 Carbon Tetrachloride 56 -23 -5 0.5 1311/1312 -8260 D021 Chlorobenzene 109 -90 -7 100,0 1311/1312 -8260 DD22 Chloroform 67 -66 -3 6.0 1311!1312 -8260 D022 1,4- Dichloroben7ene 106 -46 -7 7.5 1311/1312.8260 D027 12- 0icholoroethane 107 -06 -2 0.5 131111312 -8260 D028 1,1- Dichloroeth lene 75 -35 -4 0.7 1311/1312 -8260 D029 Methyl Ethyl Ketone 78 -9393 200.0 1311/1312.8260 D035 Telrachloreth ene 127 -18 -4 0.7 131111312 -8260 D039 Trichloroeth lane 79 -01 -6 0.5 1311/1312.8260 D040 Vinyl Chloride 75 -01 -4 0.2 1311/1312 -8260 D043 Chlordane 57 -75 -9 0.03 1311/1312-8270 0020 0- Cresol 95 -48 -7 200.0 131111312 -8270 0023 m- Cresol 108-39-4 240.0 131111312-8270 D024 - Cresol 106.44 -5 200.0 1311/1312 -8270 D025 Cresol 200,0 131111312.8270 D030 2,4- Dintrotulene 121 -14 -2 0.13 131111312 -8270 D012 Endrin 72 -20.8 0.02 131111312 -8270 D031 Heptachlor 76 -44 -8 0.008 131111312 -827D D032 Hexachlorobenzene 118.74 -1 0.13 131111312 -8270 0033 Hexachlorohutadiene 87 -88 -3 0.5 1311!1312 -8270 D034 Hexachloroethane 67 -72 -1 3.0 1311/1312 -8270 D013 Lindane 58.89 -9 0.4 1311/1312-8270 D014 Melhox chlor 72 -43 -5 10.0 131111312 -8270 D036 Nitrobenzene 98 -95 -3 2.0 131111312 -8270 D037 Pentach[oro henol 87 -86 -5 I 0 0 131111312 -8270 D038 Pyridine 110 -86.1 5.0 1311/1312-8270 0015 Toxa hens 8001.35.2 0.5 131111312 -8270 D041 2,4,5- t rich laro henal 95 -95.4 400.0 1311/1312 -8270 D042 2,4,6,4richlaro henol 88.06 -02 2.0 131111312.8270 D016 2,4 -D 94 -75 -7 10.0 131111312- 815118270 D017 2,4,5- TP(sllvex) 1 93 -72 -1 1.0 1311/1312- 815118270 FULL TCLP or SPLP: $681.00 INDIVIDUAL PRICING. 7CLP or SPLP Extraction (o" -Vme Charge Ortly)$50.00 Meta ls(8- RCRA) $131.00 Volatiies(8260) $90.00 Semi- vola1irest8270] $195.00 Herbicides(8151) $129.00 Pesticides (8081) $95.00 Rev. 8/13/08 16 DRINKING WATER 62-550 PRICING {based on ❑EP Reporting Format 62"550.730 Revised January 2OW) R ulation Description Cost 62. 550.310 (1) Inorganic Contaminants' $179.00 62- 554.320 Secondary Contaminants $145.00 62- 550.310 (3) Disintection By- Products $200.00 62.550.310 (6) Radionuclides $315.00 62- 550.310 (4)(a) Volatile Organics $85.00 62- 550.310 (4)(b) S nthetic Organics " $879.00 Complete 62 -550 Florida DEP SAFE DW $1,794.00 PACKAGE - waivers Reporti Format #62- 550.734 (rev. 1/04) SM9221 F 'A statewide waiver explains only those systems with known asbestos containing pipes or components are required to monitor ASBESTOS_ If required for your facility, Asbestos by TEM... .......... ... - ....... --- .... - 5275.00(subew tract) A Statewide waiver explains dlo]CiN only needs to tested in the public water systems whose source is 'under direct influence of surface wafer" or ground water wells located wi"n 1.8 km (1.0 mile) of a pDlenifal dioxfrr source. If required for tardily, Dioxin by EPA Method 1613 (TCDD Only) - .........5550.00 (subconlractedl MICROBIOLOGICAL & LAB PURE WATER TESTING Any Microbiological samples dropped off, picked up or sampled on a Friday or day before a Holiday will be subject to a Weekend Charge of $75.00. Microbiolo icals Analysis Method Cost Microbial identifications cialion SM9211 $110.00 Biotilrn ar anisms SM9211 $157.00 Total Coliform' E.Coli SM9223B $20.00 Total Coliform SM9222B $20.00 Fecal Coliform SM9222D $20.00 E.coli (sludge) EPA 1103.1 $68.00 E.coli PIA SM9221 F $48.00 Fecal Stre tococci SM9230C $20.00 Enterococci EPA1600 $25.00 Pseudomonas SM9213E $65.00 Staphylococci SM9213B $65.00 Salmonella SM9260B $65.00 Yeast & Mold SM9610 $80.00 MPN Fecal & Sludge SM9222D $70.00 Bacteriological Quality ill Water SM9020 $325.00 Student's T SM9020 $325.00 Colt ha a Virus SM9211 D $85.00 Iron Reducing Bacteria SM9240 $55.00 Sulfur Reducing Bacteria SM9240 $55.00 Microsco is Examination Micro IQ SM9211 $80.00 Total Plate Count' Heterotro hic SM9215 $30.00 Mold SM9610 $80.00 Laboratory Pure Water Analysis Method Cost A. Water Suitability Test SM9020 $325.00 B. Trace Metals 200.7 $115.00 END OF EXHIBIT B Rev, 8113108 17 1*1464][Vulro GENERAL INSURANCE REQUIREMENTS The Contractor shall not commence work.until he has obtained all the insurance required under this heading, and until such insurance has been approved by the CITY, nor shall the Contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has also been obtained and approved by the CITY. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must include sufficient information so as to identify the coverage and the contract for CITY'S improvements for which they are issued. Certificates of insurance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+VII, satisfactory to the CITY, and duly licensed to do business in the state of said Contract. The Contractor shall procure and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees to be engaged in work under this Contract, and he shall require any subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractor's insurance. In case any employees are to be engaged in hazardous work under this Contract, and are not protected under this Workmen's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate coverage for the protection of such employees. It is acceptable to use a State- approved Workmen's Compensation Self- Insurance fund. The Contractor shall take out and maintain during the life of this Contract, Public Liability and Property Damage and shall include Contractual Liability, Personal Injury, Libel, Slander, False Arrest, Malicious Prosecution, Wrongful Entry or Eviction, Broad Form Property Damage, Products, Completed Operations and XCU Coverage to be included on an occurrence basis, and to the full extent of the Contract to protect him, the CITY, and any subcontractor performing work covered by this Contract from damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this contract, whether such operations be by himself or by a subcontractor, or by anyone directly or indirectly employed by either of them. The Contractor shall also maintain automobile liability insurance including "non -owned and hired" coverage. The entire cost of this insurance shall be borne by the Contractor. The amount of such insurance shall be no less than $1,000,000 annual aggregate for bodily injury and property damage combined per occurrence. The City of Naples and their Engineer must be named as Additional Insured on the insurance certificate and the following must also be stated on the certificate. "These coverages are primary to all other coverages the City possesses for this contract only." The City of Naples shall be named as the Certificate Holder. The Certificate Holder shall read as follows: The City of Naples 735 Eighth Street South Naples, Florida 34102 No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (34) days cancellation notice required. The Certificate must state the bid number and title. When using the "Accord" form of insurance certificate, please note that under the cancellation clause, the following must be deleted: "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" Rev. 8/13/08 is EXHIBIT D CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS The undersigned, is the C��Z ❑ of Florida Spectrum Environmental Services, Inc., and hereby certifies to the following: I. The CONTRACTOR is in full compliance with all provisions of the Immigration Reform and Control Act of 1986 ("IRCA "), as well as all related immigration laws, rules, regulations pertaining to proper employee work authorization in the United States. 2. The undersigned has verified that the CONTRACTOR has obtained and maintains on file, and will continue to obtain and maintain on file, all documentation required by law, including but not limited to, Form I -9, Employment Eligibility Verification, for all persons employed by or working for the CONTRACTOR in any capacity on any project for the City of Naples (CITY). All such persons have provided evidence of identity and eligibility to work to the CONTRACTOR in accordance with the IRCA and related law. The undersigned hereby affirms that no person has been or will be employed by the CONTRACTOR to work on projects for the CITY who is not authorized to work under law. The undersigned further affirms that the CONTRACTOR's files will be updated by written notice any time that additional employees work on projects for the CITY. 3. The CONTRACTOR will have its contractors, subcontractors, suppliers and vendors who are involved in projects for the CITY to sign a written acknowledgment that they too are in compliance with immigration law. It is understood that failure to do so could result in the CONTRACTOR being liable for any violation of the law by such third parties. 4. The CONTRACTOR will fully cooperate with and have its contractors, subcontractors, suppliers and vendors to fully cooperate with, all inquiries and investigations conducted by any governmental agency in connection with proper compliance with the laws pertaining to appropriate work authorization in the United States. 5. The undersigned, on behalf of the CONTRACTOR, acknowledges that this Certification may be relied upon by the CITY, its officers, directors, employees, and affiliates or related persons and entities. 6. If it is found that the CONTRACTOR has not complied with the laws pertaining to proper employment authorization, and any legal and administrative action ensues against the CITY, the CONTRACTOR will indemnify, defend and hold the CITY harmless along with their officers, directors, employees, and affiliated or related persons and entities. 7. The CONTRACTOR acknowledges that the CITY by their authorized representatives shall have the right, at any time, upon 24 hours notice, to examine the CONTRACTOR's books and records to confirm that the CONTRACTOR is in compliance with the terms of this certification. Executed this day of 2012. By'— r � r �r Rev. 8113/08 19 ACKNOWLEDGMENT STATE OF 1'D y c COUNTY OF �a Co d 2012. � SWORN TO AND SUBSCRIBED before me this day of 4 q C , The Affiant, �,kA UJa is [ �-< personally known to me or [ ] has produced as identification, which is current or has been issued within the past five years and bars a serial number of other identifying number. Print Name----, NOTARY PUBLIC 'STATE OF r toC4; c Commission Number: E6 0� Icy Commission Expires: o (Notary Seal) ' y�b}�y� 1 : •3'f 1yM1cRCIALOp.� ` +y �f+/VASA�f�ItG�f�+NE IIV i W�IITIIISSMA * CC D4M ;s• •. r .? Sanded EXPIRES: Jdnusiy }0, 2{115 Thru Natvy PvW Undo wdWs 543759 ❑ 01 1016763.0001 REV. 12 -27 -07 RDP Rev. 8/13/08 20 VB�ridgefield Casualty Insurance Company. Mrmbur of Liberty Mutual Group CERTIFICATE OF INSURANCE ISSUED TO: The City of Napies 735 Eighth Street South Naples, FL 34102 Rated A (Excellent) by A. M. BeSL Curnpany summith.oldings, com Producer: Alan S. Williams Company: Bernard Williams & Co. LLC Address : 6001 Chatham Center Dr., Suite 100 Savannah, GA 31405 Phone : (912) 234 -4476 This is to certify that Florida Spectrum Environmental Services, Inc., 1460 W Mcnab Rd Fort Lauderdale, FL 33309 -11 being subject o the provisions -of the Florida or ers compensation Law, as gecured Ine payment of any workers' compensation benefits due by insuring their risk with the Bridgefield Casualty Insurance Company. POLICY NUMBER: 0196 -10680 Statutory Limits -- State of Florida, Georgia Employers Liability EFFECTIVE DATE: November 01, 2011 500,000 (Each Accident) 500,000 (Disease- -Each Employee) EXPIRATION DATE: November 01, 20'12 500,000 (Disease -- Policy Limit) REMARKS: "Blanket Waiver of Subrogation Applies" .fob: BidlProposal # RFP 011 -1Z This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed as amending, extending, or altering coverage not afforded by the policy shown above or affording insurance to any insured not named above. The policy of insurance listed above has been issued to the named insured for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document to which this certificate may pertain, the insurance made available by the described policy in this certificate is subject to only the terms, exclusions and conditions of such policy. Paid claims may have reduced the shown limits. If the policy described above is cancelled before the expiration date indicated, the issuing company will endeavor to mail 30 days' written notice to the certificate holder named above, although if cancellation is for nonpayment of premium, then the issuing company will endeavor to mail 30 days' written notice to the certificate holder. In any event, the issuing company, its agents, and representatives accept no obligation or liability of any kind for failure to mail such notice. Gicdt��y�L. -- Authorized Signature Date: February 17, 2012 Southwest Region Corporate Orfice Southeast Region Alabrutra, Arbonsns. i. wisien ti, Wwysippi Flerifla Georgia. Kenon'ky. Munk Cate- ntp, Soarh C'<uvlino, Te++nrrsee RO, Box 80439 • Baton Rouge, LA 70898 -0439 P.O. Box 988 • Lakeland, FL 33802 -0988 P.O. Box 600 • Gainesville, GA 30503 -0660 (225) 926.3264. 1- 804 -421 -2944 (863) 665 -6060. 1- 800 -282 -7648 (678) 450 -5825. 1 -800- 971 -2067 Fax (225) 926 -4102 Fax (863) 666 -1958 Fax (770) 531 -1349 Bridgef+eld Casr+alty irlsilrnme Company is art aff Hal e of and is managed by 5rrnrrnil. WC 87.056 (Ray.3M) Summit includes Summit Coni0tiq Inc. and its slfbgdiarirs. LQI C61 265152.1 12 10 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM THE OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Blanket Waiver of Subrogation Applies" This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: February 17, 2012 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: November 01, 2011 Policy Number: 0196 -10680 Insured: Florida Spectrum Environmental Services, Inc. WC 00 03 13 (Ed. 4 -84) Countersigned by: -- -- Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission- Copyrighi 1983 NCCI CERTIFICATE OF LIABILITY INSURANCE °42;17/261'2'' FTHIRSCERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AHD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CETIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITLTFE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the ceMficate holder iS an ADOMORAL INSURED, the pal Icy(i"e must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endonwriont. A statement on this certificate does not confor rights to the certificate holder in lieu of such endoraww"sf. °1'0f Grace Swahy -Smith Insurance Agency HA • grace 5w -Smim _ _ FAX 3007 W Commercial Blvd, Suite 205 E �u _._.. — 9 91, 5_99aS.... Ft. Lauderdale, FL 33309 -8514 ADDRESS: W$URERt$j AFFQRDIi1G COVERAGE NAiC / - —. -. _ -.-- INSURER A : SLate Farm IIAUtu7* Automobile Insurance Con -qg 2517! 17 _ Masora Florida Spectrum Environmental Services, Inc DER s -- 1460 W. McNab Road Fart Lauderdale, FL 33309 -1122 - INSURFR 6: COVERAGES CERTIFICATE NUMBER. RMSION NUMBER: 1 MIA la I G UtH IIrT THAI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR THE FOL ICY PERIOD INI7JCATEO, NOIWTHSTANDING ANY REOUIREiMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VOTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOrrIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE QF WBUR"CE AOLICYHUIr1BBR aply POLJCYEFF m_.�... 5 ..._�.._.... -- I GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABlOTY i .__.1 CLAIMS-MADE L OCCUR ? _ PRWISE5IF, _ - L MED EXP I ne _ o erwnl S - --.._... PERSONAL_A ACV INJURY _ S .._— ._..._. GENERAL AGGREGATE I S GENL AGGREGATE LIMIT APPLIES PER.' _ PRODUCTS - COMWOP AGG S POLICY PRO- JECT A AUTO MOMEUA6tLJTY Y 1451371- A03 -59Y 0 --- MIT 0ra f 1.OUQ,QW ANYAUTO 766 8726 A01 5870 o11o1/2012 ALLOWN0 I- . -.I SCKOUW0, 07101/2012 ,BOD9 LY INJURY (per perms) i -- -..- J. AUTOS 274 670d03.59K OVO312012 0703012 1 x HRED AVY05 x LN-D Ta=;3 AFOS I RINJURY P®f8 6 - I 4298711- AIYf -5$J 0IM112012 07/07/2012 -- I ! 1 , �I UMBRELLA L1A6 OCCUR I --- I�EACH OCCl1RRENCE I EXCESSUAB . CLAIMS -MADE I �. AGGREGATE S ... • .. - • - DED ! RETENTIONS _ .._,— ,._,._, WORKERS COMPENSATION LLC TATLL O - ARD EMIPLQYERS' L1A81lIrY Y 111 l - ...I�' I . ACCIDENT '�E.L EACH S ANY PR9PRIETORA'ARTHEA�7CECVTEVE I ! OFFICEMEMBEREXCLUDED? �;NI0. I - ______ -. .. —_- (Muwamry In NMI [ I E_L Q15EPSE - E,0. EMPLOYE E M A Y IF 616 4009- A01 -59x 01101=2 07/01/2012 - ; E 645 6159- AOI -SSJ 01/01/2012 1 0710112012 ' -- trt ur V- PR) r LI I UNb r VtM1GLk j (A Marl, AG WW 161, Add0wal Reram"Z ScPwdpla, it am" space k e"wr%q BidlFtopcsal No. RFP 011 -12 The City of Naples 735 Eighth Street South Naples, Florida 34102 ACORD 25 (20%05) SHOULD ANY OF THE ABOVE DESCRIEIED POLICIES BE CANCELLED BEFORE THE EXPIRATION {LATE THEREOF, NOTICE WILL Be DELJVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A UTHORgED REPRESENTATIVE '1 198&2010 ACORD CORPORATION. All rights reserved. The ACCIRD name and logo are ragtsitrsmd marks Of ACORD 1001486 132849.6 11 -15 -2410 --rte At ° CERTIFICATE OF LIABILITY INSURANCE 0211712"`2 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ws) must W endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endOrSemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such an doraement(sV PROO"CER Grace Swaby -Smith Insurance Agency rlAl ;._, Grace stiva. �v�mrtli _ _ 3007 W Commercial Blvd, Suite 205 lALG1a�Fa11:954 739 -9339 .._ -. FAX 954 -735 9.98$_ - Ft. Lauderdale, FL 33309-8510 INSURED Florida Spectrum Environmental Services, Inc 1460 W. McNab Road Fort Lauderdale, FL 33309 -1122 _ INSIIRERf5 }AFFORDING COVERAGE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONSAND CONOMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM$. LTTi TYPEOF IRSIIRANLB . _.-- ..?DLICY N !II POLA:Y ¢F MPOUCY FJCP JAVOLISUBM GENERAL LIASILIFY ❑ - I EACH DCCURREHCE S .. COMMERCIAL GENFM UA0Itrr'r - j �CLAIMS-WADE 0 OCCUR � � WED EXP Harry one person] is __._.... DE FMON OF OVE'RAiIONS i LOCATIONS J VEHICLES (Reach ACONO 101, Add4 .[ RemarKA Sdwduio, It more spate is rfqulred) Did Proposal No, RFP 011 -12 CERTIFICATE HOLDER CANCELLATION The City of Naples 735 Eighth Street South Naples, Florida 34002 ACORD Z5 (200105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELWERED IN ACCORDANCE WITH THE POLICY PROMICNS. AUTHORIZED REPRESENTATIVE ®1988 -2010 ACORD CORPORATIO& All rights reserved. The ACORD name aM logo are registered marks of ACORD 1001486 132849.'6 11- 15-2410 � rcrta�rru.� a wuv Wv,n�nr - - m --- - ..— pa'-, GENERAL AGGREGATE i L AGGREGATE LIYIiTAA --'[ PER: PRODUCTS � COMPJOP A00 POLICY FRO II LOC I _ -_. - AUTOMOSILE LLABIOTY A Y �] 8947039 -A01 -SOD SINGLE LIMIT 01/01/2012 47101!2012 ammF i,vaa,DDD ANYAUTO _Ir§.aaa -_- _ - - -- - T 960'6801- A01 -59A ALL MWED `j SCHEJJVLED AUTOS � } AUTOS 1 Hxx QV0112012 07I01C2012 BODILYINJURY(Perperwn) s 96D1LY INJURY {Per acct" NON -OVNED HIRE!] AUrvs %C PROPERTY ; .AUTOS -- ores m UMBRELLA LJAS OCR f EACH OCCURRENCE ' S EXCESS LIAB CLAMS -MADE i AGGREGATE ... -... _- -...._ ._ L»D RETENMN s _- WOrtlfERsCOWERSATi0N - WCSTATU D'rI'I•' ANDEIYPLOYERS' UABILM YIN ANY PROflrfIETOPJPARTNER+E %EIXiFNE OFFICEINEMBER EXCUMED7 � INIA '_E _l_ EACH ACCIF1ENi _ -•�- -- ;Wraix[ary In HNj If rp, tle5pbo under E.L. DISEASE - EA EIAPLMEd S .. _- _- E.L. DNSSAM - POLICY LIMIT I % DE FMON OF OVE'RAiIONS i LOCATIONS J VEHICLES (Reach ACONO 101, Add4 .[ RemarKA Sdwduio, It more spate is rfqulred) Did Proposal No, RFP 011 -12 CERTIFICATE HOLDER CANCELLATION The City of Naples 735 Eighth Street South Naples, Florida 34002 ACORD Z5 (200105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELWERED IN ACCORDANCE WITH THE POLICY PROMICNS. AUTHORIZED REPRESENTATIVE ®1988 -2010 ACORD CORPORATIO& All rights reserved. The ACORD name aM logo are registered marks of ACORD 1001486 132849.'6 11- 15-2410 FLORSPE -01 ROBERTSE TE CERTIFICATE OF LIABILITY_ INSURANCE DA 2/17/2012 2117!2012 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policyfles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions cf the policy, certain policies may require an endorsement, A statement on this certificate does not Confer rights to the 1 certificate holder in lieu of such endomement(s). PRODUCER Insurance Office of America - JAX 1 Sleiman Parkway Suite 130 Jacksonville, FL 32216 INSURED Florida Spectrum EnOronmental Services, Inc. 1460 West McNab Road Fort Lauderdale, FL 33309 COVERAGES CERTIFICATE NUMBER: rAic No. Efttl: (904) 448-9771 I F—Pic. Nol: (904) 44S-9788 INSURER B; INSURER C INSURER D: E; INSURERI3 AFFORDING COVERAGE NAIC # Hudson Specialty Ins Co 137079 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE W L NSR e D POLICY NUMBER POLICY EFF MMR)DfYYYY POLICY EXP MMIDDfYYYY LIMITS A -- GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY CLAIM"ADE I A i OCCUR ESB -1585 ^10.11 -03 - 2/2412011 212412012 EACH OCCURRENCE Is 1,000,00 PREMISES Eaoocurrence S 50,000 MED EXP (Any one person) $ 5,000 PERSONAL 6 ADV INJURY IS 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: O- - -' LOC POLICY PR PRODUCTS - COMPIOPAGG S 1,000,000 $ AUTOAAOBILE LABILITY ANY AUTO ALL OVMED SCHEDULED AUTOS AUTOS HIRED AUTOS AUTOSED UMBRELLA LIAO OCCUR EXCESS LIAR CLAIMS -MADE I MBNED SINGLE UMiT aen S BODILY INJURY (Per person) _ S BODILY INJURY [Per acdden!) $ Per aod4en _{_• _ _ $ EACH OCCURRENCE $ — S -- AGGREGATE DED RETENTION $ — S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIE%ECUTIVE OFFICEWMEMSER EXCLUDED? u (Mandatory in NH) It yyes, describe ender DEsCRIPTION OF OPERATIONS below NIA VAC STATU- OTH- RY I I MITS ER E.L. EACH ACC1DENT $ _ E.L. DISEASE - EA EMPLOYEE - --- — S S E.L. DISEASE -POLICY LIMIT I A A Professional Pollution ESB -1685- 1041 -03 ESB - 1685.10 -11 -03 2124!2017 2/2412011 _ _ _ 2124/2012 2!2412012 !Each Each Claim 1,000,000 Condition 1,000,0001 ;The City f Naples and their Engineers are named as Additional Insured with resp ects�to the comprehensive General Liability policy as required b written Y P 9 p P YP Y q Y contract ICoverages are primary and non - contributory per policy conditions. IBid/Proposal No. RFP 011 -12 i I CERTIFICATE HOLDER The City of Naples 735 Eight Street South - - Naples FL 34102 ---- .--- - - - -.- - ACORD 25 (2010105) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE-- --- -- - - - - -- __ © 1588 -2010 ACORC CORPORATION. All rights reserved. The ACDRO name and logo are registered marks of A CC) RD MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: September 25, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 SPECIAL EVENT REQUEST/ ATLANTIC COMMUNITY HIGH SCHOOL HOMECOMING PARADE ITEM BEFORE COMMISSION Commission is requested to approve a Special Event Permit for the Atlantic Community High School Homecoming Parade produced by the high school proposed to be held on Friday, October 18, 2013 from 11:00 a.m. to noon, to approve a temporary use permit per LDR's Section 2.4.6(F) for the use of Veterans Park parking lot beginning at 11:00 a.m. for staging and the closure of Atlantic Avenue from Veterans Park to NW 1St Avenue and to provide staff support for traffic control and barricading. In addition, Commission is being requested to waive the permit fee, barricade rental cost and staff overtime cost with administrative fee for the event. BACKGROUND Attached is a Special Event Permit Application, site map and Economic Prosperity Calculator for this event submitted by James Maloney for the high school. Due to various factors the parade has not been held for a number of years. The estimated overtime cost for the event is $900, 5% administrative fee of $45, barricade rental is $250 and permit fee of $75 for an estimated total cost of $1,270. I have received a telephone call from Principal Anthony Lockhart asking Commission to consider waiving all fees and City costs. I have some concern that a waiver of these fees might set a precedent for other events. However, since this is a school request, it is somewhat different than other events. I would ask that Commission at least require payment of the $75 permit fee and $250 cost to the City to rent barricades. In addition, you might consider charging 50% of the overtime costs and administrative fee, as we do for Delray Beach Center for the Arts and the Downtown Marketing Cooperative. RECOMMENDATION Staff recommends approval of the Special Event Permit, the temporary use permit and staff support as requested for traffic control and barricading contingent on the receipt of a Certificate of Liability Insurance and a Hold Harmless Agreement. Staff also recommends that the $75 permit fee and $250 barricade rental fee not be waived and consider partial charges for event overtime costs. Event Name/Title: City of Delray Beach f 1 0 A�1 0 Special Event PermitR E C E I V E D All-Awl M Application SEP 2 0 2013 11111 REVISED 11.2.11 0 PLEASE TYPE OR PRMVISTRATIVESERVICE 1993 2001 Event Uate(s): 0 3 Times; ti - !—Vv n Requesting street closure: . yes_— no jorp (If yes, need time /date for closure and reopening) jlkoa to i GA lVAA Z Rr )tYl J:DOQ' Event Sponsor /Producer: 6fl mufAi Li Event Contact/Coordinator: 'Yo� {�� ► WAm L)d kbnAm,V �' IcT A 'f i- z r Name: Wvl \�Y v UN � ck fro \ l a 1 A(yo k Address: '.-155 k Q. AIM)( a\j P Telephone Number: �m ^z �1 1S OL Cellular Number: �� 5 L 3°1 Z 3 E-mail Address: ti �_ s �. I' I 0 `� � � dAI f»be (4- 'C y) Event Description/Parpose: l r- f.rnmi , kA -,r,.ln Brief History of Event (If applicable): N 1 A I Planned Activities (Outline of activities /number of activities, i.e. entertainment, chjjdren's ridcs, games, otlier programs): Q VIDA Q� Ni VAU Page 1 of 5 Number of Individuals Served Previous Year (if applicable): N.1 fi Describe the targeted population and expected attendance: Page 2 of 5 Describe how the program or project addresses community needs; Describe your Marketing/Promotions Program (How will you market /promote, Le. T-V, radio, posters, flyers, web sites, other): V)Q kN� \ M(a,r i_t .1 (DW -Mi7�; Sponsor Category (please check) City o Non- Profit/Charitable)< Private Co- Sponsor -- Non- Profit/Private u (If Non Imofrt attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event /location): -\Nl ,Q N Q� t C A-� w'ts C �4 r Site plan attached: yes no (Site plan required for en ire event site. ><nclu a locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no_Y�� (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no )( (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes no (Required for all events) U:I15,NvdatMSpccia1 Event RegnasMpecial Event Pemil Application REVISED FIMAL FYI 0- 11(3).doc Page 3 of Previous year Revenue/Expense summary attached: yes no X_ (Required for all events) Arts and Economic Impact Calculator attached: yes _J no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no_ (Indicated on budget) Do you have itlkind sponsors for the event: yes no (Indicated on budget) Serving or selling alcoholic beverages: yes no x If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurance required Iwo (2) weeks prior to event) Event certificate of insurance attached: yes Iro ( Required lwo (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes_ no (Waiver required) Will there be entetininment: yes no (If yes, attached list of Performers and /or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes Y. no Requesting Police assistance: yes %� no (traffic control /security) Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes._____ no (If no, how are you handling ?) Requesting trash removal/clean up assistance: yes no (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes no X Requesting stage use: yes- no X (If yes, check type) Large stage (14'x 361) o Small stage (16' x 21') o Half small stage (8' x 21') o I ANvi►datASpecial went RequesMpeaiat Ewit Permit Application RUMSEB FINAL FY f 0 -1 i(3).doe Requesting signage: yes_ Type: 4'A'Event sigh Parking Signs Banner hanging Indicate dates requh (Walver required if more thatt tivo (2) rveek pr'lor to event) Requesting City Portable Generator: yes (If yes, size & power) Food and beverage vendors: yes If yes, approximate number (Health Department approval required) yes Other vendors: (Indicate type) yes Page 4 of 5 no x no x no no x zoo_ Tents: yes no If yes, Hoty many What size or size required (f yes, teat permits and fire irtslJectiorrs may be needed) Will the event include amusement rides: yes no x (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes 110 X (SkoIV ort-site ntai)) Will there be a charge for the evert: yes no X (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes ►ro (If yes, contact Tire Marsh at to obtain and complete permit application) Will there be cooking with compressed gas: yes no_� (If yes, contact Tire Marshal for inspections) Will you be providing port -a -lets for the event yes 110 (If yes, locate on-site map. If Ito, itt(licate hoiv you will handle restroom creeds) Is reserved parking requested: yes no- � (If yes, Indicate locations and purpose for use) U: % mdatOlveint Event RequcsMpeciat Event Permit Application RMSED FINAL FYI 0- 1 1(3).doc Page 5 of 5 Event Permit Attachments; — Revenue/Expense Budget Revenue/Expense Recap Last Years Event X Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non - Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 clays prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event rent Contra ctor /Coordlh or lease priil<t.' lir°S N No ��/-7 e is I // X//, �? Date Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. Ist Avenue, Delray Beach, Florida 33444. Required with perinit application. For Staff Use Only Date Received Application fee received $ UAw%vdnIMSpecial Event RequuMpeciai Event Permit Application REVISED FINAL FYI0- 11 (3).d00 csJ d C> t� OAV tlll_ 9N any 419 3N �d U a C7 )AV MIS 3N OAV U1b 3N anVP"?3N Is[ 3N OAV UOILI AS N r � a Q7 O N c C ,Q lR) C 4 N g E � � L U N N r- 7 z 15 MN U N y SL m o� o coo ri I� l „ in I ` l OAV i W 41 a; Y � OAV 4 a Arts & Economic Prosperity Calculator The Economic Impact of Nonprofit Arts and Cutture Organizations and Their Audiences STEP 1: POPULATION POPULATION of your community: 50,000 to 99,999 V STEP 2: TOTAL, EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): $� STEP 3: TOTAL, ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 2000 calculate reset Nonprofit Arts and Culture $0 � $0 $0 $0 Organizations: Nonprofit Arts and Culture $45,300 1.2 $18,375 X1,799 $2,109 Audiences: Total Industry Impact: $45,300 12 $18,375 X1,799 X2,109 (The Sum of Organizations and Audfences) Print Your Results Please see the fine _print below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator 1=TE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and /or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government Revenue: The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) inpulloutput models were customized for each of these similarly populated communilles, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an econc nic impact study that is customized for your community. © Copyright 2007 by Americans for the Arts. htlp:l A, nvn, r. americansforihearts. orgAriforrnatlon_ serviceslresearchlservicesfeconomic _impacllaepill calculator.html 9116113, 5:06 PM Page t of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 27, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 AUTHORIZATION TO FILE APPEAL / ROBERT DESISTO V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is a request for authorization to file appeal. BACKGROUND The verdict rendered by the jury in the above - referenced case found that the City of Delray Beach constructively discharged the Plaintiff. We believe that there were errors made in the issuance of certain jury instructions. Our office is requesting advanced authorization to file an appeal of the September 26, 2013 verdict rendered in the Palm Beach County Circuit Court in the lawsuit of Robert Desisto v. City of Delray Beach. We are requesting the authorization in the event that the City's post trial Motion to Set Aside the Verdict and any Judgment Rendered thereon is not granted by the Circuit Court of Palm Beach County. We are also seeking authorization to appoint the firm of Methe & Rockenbach, P.A., to handle the appeal at the rate of up to $250 per hour. RECOMMENDATION Commission approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND The term for alternate member, Ms. Brenda Cullinan, will expire on August 31, 2013. Ms. Cullinan will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) alternate member. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. Please note that Ordinance 19 -13 will not affect the Board of Adjustment appointment being that the September 17th appointment was postponed. The following individuals have submitted applications and would like to be considered for appointment: Robin Bird Director of Development Services (also applying for the Planning & Zoning Board) Brenda Cullinan Retired Superintendent (also applying for the Planning & Zoning Board) Incumbent Jerome Sanzone Building Official (also applying for the Planning & Zoning Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) alternate member to serve a two (2) year term ending August 31, 2015. BOARD OF ADJUSTMENT 08/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2015 Harvey Starin Real Estate Broker Appt 08/16/11 Reappt08 /20/13 08/31/2014 Mel Pollack, Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09 /07/10 Reappt08 /21/12 08/31/2014 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt 08/21/12 08/31/2014 Allen Kilik, Chair Retired -CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08 /21/12 08/31/2015 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg Reaapt08 /20/13 ALTERNATES 08/31/2013 Brenda Cullinan Retired Unexp Appt 11/01/11 08/31/2015 Jess Sowards Architect Unexp Appt 04/16/13 U W Q O z U 0 H w w ti 00 � O p 00 00 O O 00 00 O O 00 00 O O � 00 O O � O M � p O W W � W W � ^' A7.. V ^• � y � i i M � A i w � w A � i z � d 'O W O -o i i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Historic Preservation Board. BACKGROUND The term for regular member, Mr. Ronald Brito, expired on August 31, 2013. Mr. Brito will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be considered for appointment. (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. HISTORIC PRESERVATION BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Ana Maria Aponte Urban Designer Unexp Appt 08/16/11 Reappt08 /21/12 08/31/2013 Ronald Brito General Contractor Appt 08/16/11 President 08/31/2014 John Miller Unexp Appt 08/20/13 Merchandising Director 08/31/2014 Annie Adkins Roof, Chairperson Attorney /Real Appt 08/17/10 Estate Broker Reappt09 /04/12 08/31/2014 Annette Smith, Vice Chairperson Business Unexp Appt 10/05/10 Owner /Intenior Reappt09 /20/12 Designer 08/31/2015 Iris McDonald Realtor Appt 08/16/11 Reappt09 /03/13 08/31/2015 Samuel Spear, 2nd Vice Chairperson Computer Appt 09 /06/11 Consultant Reappt08 /20/13 HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Ronald Brito General Contractor (also applying for the Planning & Zoning Board) Incumbent Francis Owen Educator/Realtor Rhonda Sexton Interior Designer U W Q O z U 0 H w ti O O O O O O O O p O p O p x 4: i..l i i M OC�j a H H � 0 N O t Qn U \ / CA Qn a� MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Planning & Zoning Board. BACKGROUND The term for regular member Mr. Jan Hansen expired on August 31, 2013. Mr. Hansen has served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Please note that Ordinance 19 -13 will not affect the Planning and Zoning Board appointment being that the September 17th appointment was postponed. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. PLANNING AND ZONING BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden Educator Appt 08/17/10 Reappt08 /07/12 08/31/2014 Derline Pierre -Louis Plan & Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Vice Chair Dentistry Appt 09/07/10 Reappt08 /07/12 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2014 Thuy Shutt Assistant Director Reappt08 /07/12 08/31/2013 Jan Hansen V.P. of Regulatory unexp Appt 05/01/12 Affairs 08/31/2015 Jordana Jarjura Attorney Appt 08/20/13 PLANNING & ZONING EXHIBIT A Ronald Brito General Contractor/President (currently serving on the Historic Preservation Board) Roger Cope Architect Gerald Franciosa Retired /Law Enforcement Frank Frione Engineering Consultant/CFO Sheri Hack Legal/Real Estate Jan Hansen Vice President of Regulatory Affairs Incumbent Jay Jacobson Real Estate Investment/President Mark Krall Attorney Pearl Markfield Elrod Realtor Robert Marks Chief Construction Inspector Jeremy Office Wealth Management/Owner (also applying for the Education Board) Michael Park Attorney (currently serving on the Board of Adjustment) Kenneth Peltzie Health Administration /Self - employed Joseph Pike Architect Paul Pugliese Cartographer Loren Rubenstein Educator Jerome Sanzone Building Official (also applying for the Board of Adjustment) Harold Van Arnem Commercial & Residential Developer - Principal Alan Weitz Banking Andrew Youngross Engineering Consultant/Principal U W Q O z U 0 H w ti N � p N M 00 � O M Vl 00 O M 00 00 O M pp � O pp 0 O O �i y i i M N � / Z i A z a 0 i .o i bA a N 'O O / N i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 APPOINTMENT TO SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Site Plan Review and Appearance Board. BACKGROUND There is a vacancy on the Site Plan Review and Appearance Board due to the recent resignation of Mr. James Chard. He was appointed as a regular member at the August 20th City Commission meeting. Pursuant to our local rules, the Commissioner who made the appointment has the ability to appoint someone else if that appointment is made no later than the second regular meeting after the appointment was made. Consequently, Commissioner Jacquet will make an appointment to replace Mr. Chard. Appointment is needed for one (1) regular member to serve a two (2) year term ending August 31, 2015. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Alejandro Borrero Architect/Project Director Ronald Brito General Contractor/President (currently serving on the Historic Preservation Board; also applying for the Planning & Zoning Board) Roger Cope Architect (also applying for the Planning & Zoning Board) Jerome Sanzone Building Official /General Contractor (also applying for the Board of Adjustment and the Planning & Zoning Board) Chris Stray Landscape Architecture & Design Joshua Weaver Project Manager /General Contactor Applicants for At Large Seat: Alice Finst Educator Frank Frione Engineering Consultant/CFO (also applying for the Planning & Zoning Board) Jay Jacobson Real Estate Investment/President (also applying for the Planning & Zoning Board) Frederick Kaub Environmental Services/President Robert Marks Construction Inspector (also applying for the Planning & Zoning Board) Robert Moore Financial Management/President Loren Rubenstein Educator (also applying for the Planning & Zoning Board) Andrew Youngross Engineering Consultant (also applying for the Planning & Zoning Board) SITE PLAN REVIEW AND APPEARANCE BOARD 09/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2014 Jose Aguila Architect Appt 08/07/12 08/31/2014 Jason Bregman Consultant /Landscape Appt 08/07/12 Architecture 08/31/2015 Terra Spero Appt 09/03/13 Citizen -at -Large 08/31/2014 Rustem Kupi, 2nd Vice Chair Architect Appt 08/17/10 Reappt08 /07/12 08/31/2015 James Chard Marketing & Planning Appt 08/20/13 Consultant 08/31/2014 Mark Gregory Sign specialist Unexp Appt 06/05/12 + 2 yrs 08/31/2014 James Knight Real Estate Unexp Appt 05/15/12 + 2 yrs Broker /General Contractor U W t� O z U 0 w zN a a a a a� M M M M M O O M O O O O O O O O M O O O O O O O O O �i ^ 0 inl i••I i i O M W I a � A i z z �i U \ O / N i i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i Vz MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 18, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commision for an appointment to the Education Board. BACKGROUND There is a vacancy on the Education Board due to the resignation of Ms. Deborah Nix. The term is unexpired ending July 31, 2015. Appointment is needed for one (1) regular member. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2015. 09/13 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Mitchell Katz Development Appt 07 /05/11 Representative Reappt07 /25/13 07/31/2014 Jose Herrera, Chair Special Events Coordinator Unexp Appt 04/21/11 Appt 07/17/12 07/31/2014 Kevin Warner Educator Appt 08/07/12 07/31/2014 Shannon Schwartz Educator Appt 07/17/12 07/31/2014 Debra Kaiser Senior Director Appt 07/20/10 Reappt07 /17/12 07/31/2014 Angela Burns Educator Unexp Appt 11/15/11 Reappt 07/17/12 7/31/2015 Julia Kadel Director of Admissions Unexp Appt 12/06/11 Reappt07 /25/13 07/31/2015 Cathy DeMatto Development Consultant Appt 08/06/13 07/31/2015 Unexp Appt Vacant 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS (one term limit) 7/31/2015 Vacant Student 2 YEAR TERM 7/31/2014 Vacant 1 YEAR TERM Student EDUCATION BOARD EXHIBIT A Mercie Alcindor Educator Lydia Carreiro Educator Mary- Elizabeth Cohn Educator /Sales Consultant Jack Fowler Healthcare Consultant Philip Friedman Assistant Director/Retired (currently serving on the Nuisance Abatement Board) Sheri Hack Realtor Mary Leavenworth Area Director John Miller Merchandising Category Merchant Daryl Pauling Educator Michelle Quigley News Researcher Adam Reback Government Operations (currently serving on the Nuisance Abatement Board) Kenya Spear Educator U W Q O z U 0 H w ti O O p O O O p O O p p O O O O O O O O O O O O O p i i M \ N / O w w \ O O O / O W \ U / MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 25, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Implementation Advancement Board. BACKGROUND The terms for regular members, Ms. Stephanie Bedenbaugh and Mr. Michael Marcus, expired on July 31, 2013. Ms. Bedenbaugh has served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Marcus has served an unexpired term and does not want to be considered for reappointment. Appointments are needed for one (1) regular member and one (1) alternate member. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24 -09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long -term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2015. Commissioner Frankel (Seat #3) will make an appointment for one (1) alternate member to serve a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member and one (1) alternate member to serve two (2) year terms ending July 31, 2015. 09/13 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/ Investment Unexp Appt + 2 yr. 02/19/13 Research 07/31/2014 Jeff Conley Architecture/Engineering- Unexp Appt 12 /06/11 Principal Reappt07 /05/12 07/31/2014 Joeven Valenzuela Engineer /Principal /Co- Unexp Appt 09/20/12 Owner 07/31/2013 Stephanie "Chloe" Bedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt06 /21/11 07/31/2014 Hilary Roche Managing Director Unexp Appt 09/20/12 ALTERNATE MEMBERS 07/31/2013 Michael Marcus Recycling /Managing Unexp Appt 09/20/12 Partner 07/31/2015 Walter Cornnell Principal Unexp Appt + 2 yrs. 03/19/2013 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Stephanie Bedenbaugh Director - Environmental Sustainability Incumbent Frederick Kaub President - Environmental Services Nathalie Siegel Independent Consultant/Architecture U Q O z U 0 H w 0 N M O M M O N M N M O M N M O O O O O O O O a x ,� i a � z i w � i a � U \ C�j / ~ > O Z � � O Cj i MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney THROUGH: DATE: September 18, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 ORDINANCE NO. 24-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 24 -13 which provides for modifications to the Police /Fire Pension Ordinance to allow the Mayor to nominate someone to the Board, other than the Assistant City Manager, however the Commission must approve the nomination. BACKGROUND Currently, the Mayor must serve on the Board of Trustees for the Police and Fire Pension Plan, unless he designates the Assistant City Manager to take his place. In light of the recent departure of Mr. Smith, it was proposed to modify the ordinance to remove the restriction allowing the Mayor to only designate the Assistant City Manager. During first reading, at the Commission's September 3, 2013 meeting, the Commission gave direction to modify the ordinance to provide that the Mayor may nominate someone to take the Mayor's place on the board, provided that the Commission must approve the nomination. It was the consensus of the Commission to bring this item back as a First Reading at the September 17, 2013 Regular Meeting. The attached ordinance provides for that change and clarifies that any person the Mayor nominates must also meet the requirements of Section 32.07 of the Code of Ordinances which provides that the person must possess sufficient knowledge, experience, judgment or background necessary to competently serve and the person must also be a resident, own property or a business or be an officer or manager of a business in Delray Beach. On September 17, 2013, Commission postponed this item to the next Regular Meeting on October 1, 2013 as a First Reading. RECOMMENDATION Commission approval. ORDINANCE NO. 24 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE - RESCUE DEPARTMENTS ", SECTION 33.65, "ADMINISTRATION"; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Police And Firefighters Retirement System as set forth in Chapter 33 of the City Code to provide that the Mayor, if the Mayor chooses not to sit on the Board, may nominate another person to take his/her place on the Board, other than the Assistant City Manager; and WHEREAS, any person nominated by the Mayor must comply with Section 32.07, Membership Qualifications /Requirements of the Code of Ordinances. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire - Rescue Departments", Section 33.65, "Administration" of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.65. ADNBMSTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor, or a person nominated by the Mayor Lwho meets the requirements of Section 32.07 of the Code of Ordinances) and approved by the Commission upon (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief, (4) The Police Chief or a police officer (with a minimum rank of Captain) designated by the Police Chief, (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. (B) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a three -year term, the second most votes a two -year term. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. Mayor ATTEST: City Clerk First Reading Second Reading MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 20, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 ORDINANCE NO. 26-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 26 -13. BACKGROUND Currently, former members of the City Commission may be appointed to any of the City boards immediately upon leaving office. This proposed ordinance would require that former commissioners would not be eligible for appointment to a City board, task force or committee for a one year period following their last day in office. RECOMMENDATION Commission approval. ORDINANCE NO. 26 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS ", BY AMENDING SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS ", TO PROVIDE THAT A FORMER CITY COMMISSIONER MAY NOT BE APPOINTED TO A CITY BOARD FOR A ONE (1) YEAR PERIOD UPON LEAVING OFFICE; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its ordinances governing board appointments to provide that former commissioners may not be appointed to any boards, task forces, or committees for a period of one (1) year following the last day in office as a City Commissioner. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions ", is amended by amending Section 32.08, "Length of Terms; Restrictions ", to read as follows: Sec. 32.08 LENGTH OF TERMS; RESTRICTIONS. (A) In general, all appointments shall be for a two -year period, except as may be provided for by Florida Statutes, Special Act, Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Delray Beach. (B) In the case of reorganization or reconstitution of an advisory board or Committee, three (3) members shall be appointed for an initial term of one year, with the balance of the members being appointed for an initial term of two (2) years. Thereafter, all appointments shall be for two (2) years. (C) No member shall be appointed for more than two (2) successive terms (original term, plus on additional term). A member who has been appointed to fill an unexpired term shall remain eligible to serve two (2) full two -year successive terms. (D) Upon completion of the maximum allowable two (2) full terms of membership as described in subsection 32.08(C) above, no advisory board or Committee member shall be eligible for reappointment to the same Board or Committee for a period of one year. (E) No member of any advisory board or Committee may concurrently serve on another advisory board or Committee. However, this prohibition shall not apply if an ordinance and /or resolution expressly provides that the membership of an advisory board or Committee includes, as part of its membership, the member(s) of another specifically named advisory board or Committee. The prohibition will not apply to any person who is a member of an advisory board or Committee and also is appointed to serve on the Neighborhood Advisory Council and /or the Unity Collaborative. In such a case, a member of the specifically named advisory board or Committee is eligible to serve on two (2) or more advisory boards or Committees. Notwithstanding the foregoing, a member may serve on more than one task force or ad hoc Committee or may serve as an advisory board or Committee member and a member of a task force or ad hoc Committee without being expressly provided for by an enacting ordinance or resolution. Dual membership, where allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution. (F) No former Delray Beach City Commission member ma,T�ppointed to boards, task forces, or committees for at least one (1) year following their last day in office as a City Commission member. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. -13