Agenda Reg 11-19-02City of Delray Beach
Regular Commission Meeting
Tuesday, November 19,
2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-$774
RULg8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. Thc Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Ce
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public heating or non~agendaed items should sign in on the
sheet located on the right side of the da/s. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRRSSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for thc 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 thc 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 oppommity to participate m and enjoy the benefits of a service,
program, or activity conducted by the Ctty. Contact Doug Randolph at 243-
7127, 24 hours prior to the event m order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
2.
3.
4.
5.
o
ROLL CAT.T..
INVOCATION.
PLEDGE OF ATJ,EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
November 5, 2002 - Regular Meeting
PROCLAMATIONS:
· NONE
PRESENTATIONS:
Ao
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Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
Boca Raton Airport Authority - Ken Day
Elder Ready Task Force - Officer Skip Brown
Jefferson Manor Homeowner's Association - Delores Penn
CONSENT AGENDA: City Manager Recommends Approval.
FINAL SUBDMSION PLAT APPROVAL/PINE VIEW ESTATES; Approve
the subdivision plat for Pine View Estates, located north of N.W. 9th Street, between
N.W. l't and N.W. 2"a Avenues.
RESOLUTION NO. 93-02: Approve Resolution No. 93-02 assessing costs for action
necessary to abate nuisances on twelve (12) properties throughout the City.
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ACCEPTANCE OF EASEMENT DEED/FOUNTAINS OF DELRAY
BEACH. L.L.C.: Approve and accept an easement deed granting to the City the
means to install/maintain water and sanitary sewer lines to the Fountains of Delray
Beach, a new retail development, located at the southwest comer of Military Trail and
the L-33 Canal.
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FLORIDA DEPARTMENT OF STATE/CONSTRUCTION GRANT
AGREEMENT: Approve an agreement between the City of Dekay Beach and the
Florida Department of State, Division of Library and Information Services, for the
Dekay Beach Public Library.
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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with seven (7) sub-recipients (Alpha Time Children's Center,
Community Child Care Center, Community Neighborhood Helping, Fair Housing
Center of Greater Palm Beaches, Village Foundation, Palm Beach County Resource
Center, and Urban League of Palm Beach County) under the Community Development
Block Grant (CDBG) program for FY 2002-2003, with the total funding in the amount
of $114,650.00 from various accounts within the CDBG fund.
AMENDED SUB-RECIPIENT FUNDING AGREEMENTS; Approve the
amendments to the funding agreements with The Center for Technology, Enterprise
and Development, Inc. and the Delray Beach Community Development Corporation,
Inc. under the Community Development Block Grant (CDBG) program for FY 2002
to increase their reinvestment commitment to $37,500.00 each.
SERVICE AUTHORIZATION NO, 16/MATHEW$ CONSULTING, IN¢,;
Approve Service Authorization No. 16 to Mathews Consulting, Inc. for the preparation
of a City-wide Reclaimed Water Master Plan and design/permitting of engineering
plans for construction of reclaimed water mains in conjunction with Golf Course greens
reconstruction and irrigation rehabilitation project. Funding is available from 441-5181-
536-31.90 (Other Professional Services).
AGREEMENT/PLAYER'S INTERNATIONAL MANAGEMENT; Approve
an agreement between the City of Delray Beach and Player's International Management,
Inc. 0aI1V0 in the amount of $20,000 per year for a term of five (5) years for the USTA
12's Super National Spring Championships.
AMENDMENT NO. 6/MATCH POINT, INC. AGREEMENT: Approve
Amendment No. 6 to the agreement between City of Delray Beach and Match
Point, Inc. prodding a waiver of exclusivity for office space to the extent to allow
Player's International Management, Inc. use of the office during the five (5) year
term of the agreement.
REOUEST FOR PROPOSAL (RFP)/SWINTON GARDENS: Approve the RFP
Review Team's recommendation of Randolph and Dewdney Construction, Inc. for the
construction of eleven (11) single family homes to be located in Swinton Gardens.
FI~$ TRAINING AGREEMENT/CITY OF CORAL SPRINGS:
Approve an agreement between the City of Delray Beach and the City of Coral Springs
allowing firearms training for the Police Department at the Coral Springs Training
Facility in an amount not to exceed $1,000.00 per year. Funding is available from 001-
2115-521-54.30 (Training/Educational Costs).
AMENDME~Yr NO. 1/BAKA ENTERPRISES OF FLORIDA. L.L.C.
LICENSE AGREEMENT; Approve Amendment No. 1 to the license agreement
with BAKA Enterprises, Inc. setting December 8, 2002 as a "Rain" date for the boxing
event to be held at the Tennis Center Stadium on December 7, 2002.
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11-19-2002
10.
11.
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)/CODIFICATION:
Authorize the City of Delray Beach City Attorney's office to codify the Special Acts of
the Downtown Development Authority (DDA) per Florida Statute Section 189.429.
REVIEW OF APPE31.MtLE LAND DEVELOPMENT BOARD A~ION$:
Accept the actions and decisions made by the Land Development Board for the period
November 4, 2002 through November 15, 2002.
N. AWARD OF BIDS AND CONTRAqI'$: NONE
REGULAR AGENDA:
APPEAL OF HISTORIC PRESERVATION BOARD DECISION; Consider an
appeal of a decision of the Historic Preservation Board's action regarding the existing
accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House).
(Quasi-JudJ'cial Headng)
REOUEST TO REDUCE LOT AREA/LOT FRONTAGE WIDTH/$,E,
O'NEAL PI~T: Consider a request to reduce the total lot area and lot frontage width
requirements in coniunction with the proposed plat for an extant historic property
known as S.E. O'Neal Plat, located on the west side of N.E. 2nd Avenue, between N.E.
9~ Street and N.E. 10~ Street. (Quasi-Juth'ct'al Heating)
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REOUEST FOR FUNDING/PERFECT RESULTS, INC.: Consider a request
from Perfect Results, Inc. for financial support in the mount of $10,000.00 for the C.
Spencer Pompey Tribute Video.
APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board to fill an unexpired term ending July 31, 2004. Based
on the rotation system, the appointment will be made by Commissioner Perlman (Seat
#1).
RESOLUTION NO. 94-02: Consider approval of Resolution No. 94-02 authorizing
the acquisition of property by eminent domain for parking purposes.
PUBLIC HEARINGS:
A. NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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11-19-2002
12.
13.
FIRST READINGS:
A. NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
11-19-2002
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING- NOVEMBER 19~ 2002
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
e
PRESENTATIONS:
E. City of Delray Beach Residents' Academy Certificates
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.
NOVEMBER 5~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, November 5, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2_. The opening prayer was delivered by Reverend Dan Casselberry with Cason
Methodist Church.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
For the benefit of the public, Mayor Schmidt announced that the applicant has
requested postponement of Item 9.A., Appeal of Historic Preservation Board Decision.
Mr. Levinson moved to approve the Agenda, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Perlman moved to approve the Minutes of the Regular Meeting of October
15, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of October
28, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
6_. PROCLAMATIONS:
6.A.
Commending Detective John Young - Delra¥ Beach Police Department.
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending Detective John Young for his superior effort and achievements in the area of
crimes against children Law Enforcement and prevention. Detective John Young came forward
to accept the proclamation.
6.8.
Commendine MAD DADS Street Patrol.
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending the MAD DADS Street Patrol and called upon all present to acknowledge their
tremendous, on-going efforts to provide a sense of security and harmony in our communities.
Marilyn Alford and A1 Williams came forward to accept the MAD DADS Street Patrol
proclamation.
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Harbour's Edge - Gold Seal Award.
Mayor Schmidt read a proclamation hereby recognizing and commending
Harbour's Edge on this high level of recognition granted by Governor Bush. Kimberly Dominy,
Executive Director, and Linda Haapala, Director of Nursing came forward to accept the
Harbour's Edge proclamation.
6.9.
Beth Daniel Day - November 18, 2002.
Mayor Schmidt noted the proclamation hereby proclaiming November 18, 2002,
as Beth Daniel Day be mailed. On behalf of Beth Daniel, Sandra Ericksson, Director of Golf,
came forward to accept the proclamation.
PRESENTATIONS:
7.A. Recognizing and welcoming our Student Exchange Delegation from our
Sister Ci .ty~ Miyazu~ Japan.
Mayor Schmidt read a proclamation recognizing and welcoming our Student
Exchange Delegation from our Sister City Miyazu, Japan. The Miyazu Delegation and Host
Families came forward to accept the proclamation.
Charlotte Durante, Chairperson of the Sister Cities Committee, introduced three
of the students selected to travel to Miyazu, Japan next June. These students presented Mayor
Schmidt with a desk pen set in appreciation for getting the Student Exchange Delegation
Program started.
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7.B. Old School Square - Joe Gillie.
Joe Gillie, Executive Director of Old School Square stated that Old School Square
is a National Historic Site and is known as one of the most beautiful cultural facilities in the
United States. Mr. Gillie thanked and commended Robert Barcinski, Assistant City
Manager/Board Liaison to Old School Square, Joe Weldon, Director of Parks and Recreation,
and the Commission for their continuing support.
Mr. Gillie explained that Frances Bourque was very instrumental in making Old
School Square what it is today. In 1998, Old School Square was incorporated and the Task
Force was challenged with the idea of creating something to help turn the community around. In
1985 up to 1988 there was a Decade of Excellence Bond to do some infrastructure and help do
some street repairs and beautification projects. Mr. Gillie stated Old School Square and the
Bond Referendum received $2.1 million. With that money, Mr. Gillie stated exterior renovations
were done and infi:astmcture. Mr. Gillie stated it took approximately ten years to restore the
interior of Old School Square and noted an additional $5 million was raised to restore the interior
of Old School Square. Mr. Gilhe stated most recently they raised $1.8 million and with the
City's help opened up a new pavilion.
Mr. Gillie recognized George and Harriet Comell who were the first donors that
made a contribution to Old School Square and thus is the reason the museum at Old School
Square is named the Cornell Museum. In 1991, the gynmasium opened and is now a gathering
place for the community and is used for host numerous events such as birthdays, weddings, etc.
In 1993, Mr. Gillie stated the theatre opened. Mr. Gillie stated the newest facility added to Old
School Square is the pavilion.
In summary, Mr. Gillie thanked the City for its continued support and stated he is
proud of what has been accomplished at Old School Square and hopes to continue working
together for the betterment of the arts in Delray Beach.
7.C. Economic Impact/Bad Boys II Filming - Chuck Elderd~ Palm Beach County.
Film Commission.
Chuck Elderd, Palm Beach County Film Executive Director, gave a brief report
regarding the Bad Boys II production revenue estimates. This information was collected by
Maria Chavez, Location Manager for Bad Boys II and has been documented by the FTC for
official production activity reports. The economic impact for the entire South Florida Region is
estimated at $30 million.
La Paloma Homeowners' Association - Janie Ramirez.
Janie Ramirez, representing the La Paloma Homeowners' Association, stated the
association was formed in 1999 and one goal was to have their streets paved. Mrs. Ramirez
reported that half a block still needs to be paved although she is happy to see that most of the
streets in her neighborhood have been paved.
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Mrs. Ramirez stated some of the goals of the La Paloma Homeowners'
Association are to get street lights, sidewalks, and homeowners' to attend the meetings. One of
their biggest goals was to bring the Mexican culture to Delray Beach which they did. Mrs.
Ramirez thanked the Joint Venture, the City of Delray Beach, and MAD DADS Street Patrol for
their support with the Cinco de Mayo Festival. Mrs. Ramirez stated that her husband participates
in the SW/NW Management Team and the SW Neighborhood Plan.
Mrs. Ramirez asked the Commission to give her neighborhood signage so La
Paloma Homeowners' Association can be acknowledged. Lastly, Mrs. Ramirez stated a future
goal of the association is that they would like to work towards getting their own cultural center.
Mrs. Ramirez stated she is looking forward to working with the City to address these upcoming
challenges and future goals.
Mayor Schmidt thanked Mrs. Ramirez for all her hard work.
CONSENT AGENDA: City Manager Recommends Approval.
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RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of October 17, 2002.
8.B. FINAL SUBDIVISION PLAT APPROVAL/THE LEGACY: Approve the
subdivision plat for the Legacy at Sherwood Forest, located on the south side of Atlantic
Avenue; on the east and west side of Sherwood Forest Drive.
FINAL SUBDIVISION PLAT APPROVAL/SWINTON GARDENS:
Approve the subdivision plat for Swinton Gardens, located on the northwest comer of S.W. 10th
Street and Swinton Avenue.
8.D. FINAL SUBDIVISION PLAT APPROVAL/OCEAN BREEZES: Approve
the subdivision plat for Ocean Breezes, located on the east side of A-1-A and north of Linton
Boulevard.
8.E. RESOLUTION NO. 86-02: Approve Resolution No. 86-02 abandoning right-
of-way for the 60 feet wide north extension ofN. W. 23rd Avenue (originally platted as S.W. 23rd
Avenue), lying north of West Atlantic Avenue, approximately 120 feet west of the LWDD E-4
Canal within the Replat of Breezy Ridge Estates Subdivision.
The caption of Resolution No. 86-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA VACATING AND
ABANDONING A 60-FOOT WIDE NORTHERLY EXTENSION
OF N.W. 23RD AVENUE (PLATTED AS S.W. 23RD
AVENUE), LOCATED WITHIN THE REPLAT OF BREEZY
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11/05/02
RIDGE ESTATES (PLAT BOOK 24, PAGE 116), AS MORE
PARTICULARLY DESCRIBED BY EXH~IT "A".
(The official copy of Resolution No. 86-02 is on file in the City Clerk's office.)
RESOLUTION NO. 87-02/ABANDONMENT AND ACCEPTANCE OF
UTILITY EASEMENTS: Approve Resolution No. 87-02 abandoning a portion of a 6 foot
wide utility easement, lying within Lot 8, and Lot 35, Block 2 of Southridge and acceptance of a
10 foot wide utility easement, located along the west side of Lot 35, the front of Lots 35 through
40, and the east side of Lot 40, Block 2 of Southridge.
The caption of Resolution No. 87-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 6-FOOT WIDE UTILITY EASEMENT
LYING WITHIN A PORTION OF LOT 8 AND LOT 35, BLOCK
2, PLAT 1 OF 2, SOUTHRIDGE (PB 13, PG 38), AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 87-02 is on file in the City Clerk's office.)
8.G. RESOLUTION NO. 89-02: Approve Resolution No. 89-02 supporting the
Florida Department of Transportation and its affiliated regional transportation agencies
(RTO/RTA) to recommend strategic investment in the FEC Corridor area to expand local and
regional passenger service to meet the growing transit needs and compliment freight industry
growth in the Southeast Florida area.
The caption of Resolution No. 89-02 is as follows:
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA, IN SUPPORT OF THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND ITS AFFILIATED REGIONAL
TRANSPORTATION AGENCIES (RTO/RTA) TO
RECOMMEND STRATEGIC INVESTMENT IN THE FEC
CORRIDOR AREA TO EXPAND LOCAL AND REGIONAL
PASSENGER SERVICE IN THESE CORRIDORS TO MEET
THE GROWING TRANSIT NEEDS AND COMPLIMENT
FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST
FLORIDA AREA; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 89-02 is on file in the City Clerk's office.)
8.H. ACCEPTANCE OF A RIGHT-OF-WAY DEED/VINTAGE ROSE: Approve
and accept a 5 foot right-of-way deed for the west side of N.E. 1st Avenue associated with the
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Vintage Rose, located at the northwest comer ofN. E. 1st Avenue and N.E. 1st Street across from
Old School Square.
8.I.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/RUB-A-DUB CAR WASH:
Approve and accept a right-of-way deed associated with Rub-A-Dub Car Wash, located at the
southwest comer of S.E. 5th Avenue and S.E. 7th Street.
8.J.
SERVICE AUTHORIZATION NO. 15fMATHEWS CONSULTING~ INC.:
Approve Service Authorization No. 15 to Mathews Consulting, Inc. in the mount of $23,157.00
for consulting services for the rehabilitation of Lift Stations #19, //57, and #80. Funding is
available from 442-5178-536-61.83 (Lift Station Conversion/Submersible).
8.IC SERVICE AUTHORIZATION NO. 9/CH2M HILL~ INC.: Approve Service
Authorization No. 9 in the amount of $27,970.00 to CH2M HILL, Inc. for professional services
for consumptive water use permitting and ground water modeling. Funding is available from
442-5178-536-31.30 (Engineering/Architectural).
8.L. PURCHASE OF NETDELIVERY SOFTWARE: Approve the purchase of the
NETdelivery software in the amount of $49,750.00 for the Delray Beach Police Department for
preparation and electronic transmission of police reports. Funding is available from 115-2112-
521-66.10 (Software).
8.M.
RATIFICATION OF THE
MEMORANDUM OF
UNDERSTANDING/PROFESSIONAL FIREFIGHTERS AND PARAMEDICS~ LOCAL
1842 IAFF: Approve and ratify the Memorandum of Understanding with the Professional
Firefighters and Paramedics of Defray Beach, Local 1842 IAFF, Collective Bargaining
Agreement.
8.N.
RATIFICATION OF THE
MEMORANDUM OF
UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN & OILERS (NCF&O),
LOCAL 1227: Approve and ratify the Memorandum of Understanding with the National
Conference of Firemen and Oilers (NCF&O), Local 1227, Collective Bargaining Agreement.
8.0. RATIFICATION OF THE MEMORANDUM OF
UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Approve and ratify the
Memorandum of Understanding with the Police Benevolent Association Collective Bargaining
Agreement.
8.P. PROJECT AGREEMENTfF.I.N.D: Approve an agreement between the City of
Delray Beach and the Florida Inland Navigational District (FIND) for the construction of two (2)
seawall parks at the intersection of the Intracoastal Waterway with S.E. 3rd Street and N.E.
4th
Street, featuring a 50' seawall, signage, bench and garbage can along with informal, non-boat
access to the Intracoastal Waterway.
8.Q. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for December 12, 2002 from 6:00 p.m. to
10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic
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Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th
Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st
Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for
security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal
and clean up, and use/set-up of City stages.
8.R. MOTION TO STAY/ORDINANCE NO. 13-02(A): Approve continuance of
the Motion to Stay request regarding the second reading of Ordinance No. 13-02(A).
8.S. RATIFICATION OF APPOINTMENT OF VICE-CHAIR OF THE
COMMUNITY REDEVELOPMENT AGENCY BOARD: Ratify the appointment of Kevin
McCarty as Vice-Chair of the Community Redevelopment Agency Board.
8.T. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an
agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert
Pro-Celebrity Tennis Classic to be held at the Tennis Center on November 22-24, 2002.
8.U. SERVICE AUTHORIZATION NO. 5/LAWSON, NOBLE & WEBB~ INC.:
Approve Service Authorization No. 5 to Lawson, Noble & Webb, Inc. in the amount of
$74,632.59 for design and construction documents for sidewalks. Funding is available from 334-
3162-541-65.61 (Downtown Pedestrian Network).
8oV.
TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP,
INC.: Approve a consulting agreement with JCD Sports Group, Inc. in the amount of
$18,000.00 for the period of December 1, 2002 through November 30, 2003. Funding is
available from 001-4210-575-34.90 (Tennis Center Special Events/Other Contractual Services).
8.W. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding
agreements with two (2) subrecipients (The Center for Technology, Enterprise and Development,
Inc. and the Dekay Beach Community Development Corporation, Inc.) under the Community
Development Block Grant (CDBG) program for FY 2002, with the total funding in the amount
of $75,000.00 from the City's CDBG fund.
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LETTER OF COMMITMENT/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Approve a request from the Florida Department of
Transportation (FDOT) for a letter of commitment from the City of Delray Beach for landscape
maintenance of plant materials along A-l-A, between Linton Boulevard and George Bush
Boulevard.
8.Y. DONATION/COMMUNITY NEIGHBORHOOD HELPING, INC.:
Approve thc donation of the used Police Department DARE van to Community Neighborhood
Helping, Inc.
8°go
CANCELLATION OF CONTRACT/LOXAHATCHEE TRACTOR
SERVICE, INC.: Approve cancellation of contract with Loxahatchee Tractor Service, Inc. for
lot clearing and mowing for Code Enforcement and authorize staff to re-bid contract.
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11/05/02
8.AA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period October
14, 2002 through November 1, 2002.
8.B.B.
AWARD OF BIDS AND CONTRACTS:
1_. Purchase award to DGG Taser Company in the amount of $19,369.00 for
the purchase of twenty (20) additional M-26 Advanced Air Tasers for the
Police Department. Funding is available from 115-2112-521-49.90
(Federal Asset Forfeiture Account).
2_. Purchase award to Caswell Detroit Armor in the amount of $30,950.00 for
the purchase of a new range targeting computer system for the Police
Department. Funding is available from 115-2112-521-64.90 (Federal
Asset Forfeiture Account).
3_.:. Contract award to U.S. Filter Distribution Group in the amount of
$38,569.22 for the purchase of required materials to connect the new force
main to the existing system. Funding is available from 441-5181-536-
63.74 (Water/Sewer Fund/Intracoastal Sewer Crossing).
4_. Purchase award to Monroe Infrared Technology in the amount of
$21,495.00 for the purchase of a Thermal Imaging camera. Funding is
available from 441-5143-536-64.90 (Other Machinery/Equipment).
5...:. Purchase award to Maroone Dodge in the amount of $15,862.00 via the
Florida Sheriff's Association and Florida Association of Counties Bid #4
for the purchase of a 2003 Dodge Intrepid police vehicle. Funding is
available from 501-3312-591-64.20 (Vehicle Replacement Fund).
Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
REGULAR AGENDA:
9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider
an appeal of a decision of the Historic Preservation Board's action regarding the existing
accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (Quasi-
Judicial Hearing) - Request for postponement received
Mr. Levinson moved to postpone the appeal of the Historic Preservation Board
decision to a date certain of November 19, 2002, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.B. DELRAY BEACH LIBRARY/INTERLOCAL AGREEMENT: Consider
approval of an interlocal agreement between City of Delray Beach, Community Redevelopment
Agency (CRA), Dclray Beach Public Library Association, Inc. and Palm Beach County for
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11/05/02
shared parking regarding the relocation of the library.
The City Attorney stated the County plans to expand the courthouse in three
phases. One of those phases is the construction of parking which will benefit the library and the
City will be able to use it from time to time as well. The CRA will pay $334,000 and the City
will pay $200,000 so that the construction is done in a manner that makes future expansion
possible. The term of the agreement is for thirty (30) years and may be renewed for two
additional thirty year terms.
Mrs. Archer asked for clarification with regard to Item #2 in the City Attorney's
Mr. Levinson moved to approve the Interlocal Agreement between the City of
Delray Beach, the CRA, Delray Beach Public Library Association, Inc. and Palm Beach County
for shared parking regarding the relocation of the library, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
At this point, the City Manager asked Audrey Wolf, Director of Palm Beach
County Facilities Development & Operations, about the current construction schedule. In
response, Ms. Wolf stated they hope to have the parking garage finished by the end of 2003 and
construction of the courthouse should start shortly after that. The construction period is
approximately 12-14 months for the new addition and then the existing courthouse will be
renovated as well. The City Manager asked what the present expected start date for the parking
garage construction will be. In response, Ms. Wolf stated she is hoping the present expected
start date for the parking garage will be the beginning of the year.
9.C. REQUEST FOR FUNDING/PERFECT RESULTS, INC.: Consider a request
from Perfect Results, Inc. for financial support in the amount of $10,000.00 for the C. Spencer
Pompey Tribute Video.
The City Manager stated he recommends that the Commission delay this item to
the Regular City Commission Meeting of November 19, 2002.
Mr. Perlman moved to approve to delay this item until the Regular City
Commission Meeting of November 19, 2002, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m. the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. MASTER DEVELOPMENT PLAN: Consider selection of a developer for 54
acres of City owned properties between Barwick Road and Military Trail. The City received
proposals from Centex Homes - Southeast Florida Division (Submittal A), Lennar Communities
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of South Florida, Inc., Continental Homes of Florida, Inc., and Westbrooke Companies, Inc.
Prior to consideration of passage of this item, a public heating has been scheduled to be held at
this time.
Mayor Schmidt announced this item is regarding the Master Development Plan
for the development of 54 acres of City owned properties between Barwick Road and Military
Trail. Mayor Schmidt stated a Special Meeting was held last Wednesday for presentations by all
of the companies that have made proposals and therefore these companies will not be making
presentations this evening. Mayor Schmidt stated the purpose of tonight's meeting is to get
public input and then if there are questions for the development groups that arise either from the
public comments or questions from the Commission they are here to answer those. Furthermore,
Mayor Schmidt stated the intent is that the Commission will select one of the proposals this
evening.
Mayor Schrnidt declared the public hearing open.
Gerry. Franciosa~ 939 Eve Street~ Delray Beach~ stated he attended the
committee meetings and concurs with the committee for Westbrooke Companies, Inc. Mr.
Franciosa stated he reviewed the proposal and noted that Westbrooke Companies, Inc. has met
almost all the recommendations in the RFP.
John Benne~ President of Progressive Residents of Delray (PROD)~ stated
PROD does not have any specific recommendation. However, Mr. Bennett stated PROD has
three concerns. One concern is the traffic flow and the second concern is the proposal for the
special taxing district.
Chris Stasinos, 3937 Lowson Boulevard~ Delray Beach (coyer of Lowson
Blvd. & Military Trail), stated he reviewed a few of the proposals and feels the proposal with the
park from Continental Homes is the best layout for the park that abuts Military Trail and is well
laid out.
Alice Finst~ 707 Place Tavant~ Delray Beach~ representing the Board of
Directors of the Homeowners' League of Chatelaine, expressed concern with the size of the
project and stated this project will put additional traffic onto Barwick Road and will also put a
large number of children into the school. Mrs. Finst stated the Homeowners' League of
Chatelaine hopes that the Commission will look at the school and what will happen to it with the
large influx of population.
Speaking as a resident, Mrs. Finst expressed concerns about what is being
included in the RFP. Mrs. Finst stated her first concern is that she feels the process has been
done backwards and that the community as a whole should have spoken at the beginning about
what is going on that parcel of land. Mrs. Finst expressed particular concern with the size of the
lots and the size of the homes. Mrs. Finst inquired why the committee members did not include
the neighbors to the immediate south (Country Manors). Furthermore, Mrs. Finst stated she
questions the whole process as to whether or not it will really be affordable. Mrs. Finst urged the
Commission to look into her concerns and what this will be doing to the adjacent school before
considering the final vote on these projects.
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11/05/02
Charlotte Wrighh 802 N.W. 2nd Street~ Delray Beach~ expressed concern with
the City redeveloping thc downtown ama and asked the City to help the West side of the City as
well. Ms. Wright expressed concern over thc speeding along her street and urged thc City to
clean up her neighborhood and provide more places for people in thc community to go.
At this point, Mayor Schmidt reminded the public that this is the time for
addressing the Commission regarding Item 10.A. and is not the time for comments on non-
agenda items.
Don Klein, 4552 N. Barwick Ranch Circle (Barwick Estates)~ Delra¥ Beach,
discussed some concerns expressed by residents of Barwick Estates. Mr. Klein stated one
concern of the community is the access from Barwick Road and noted that there is a tremendous
amount of congestion in that area especially in the morning due to the school. Secondly, Mr.
Klein stated the second concern is the park access and the last concern of his community is there
is a plan for zero lot line homes backing up to what would be considered normal single family lot
homes. Mr. Klein continued to state that there are approximately eight homes in their
community which actually back up to that area.
Frank Mason, 13387 Barwick Road, Delray Beach, stated his property is the
first property immediately south of Barwick Estates that has approximately 400 feet that border
133r°Road. Mr. Mason stated he has a very big interest in what happens with access to that
property. Mr. Mason stated this road is currently used by very large lawn equipment and semi
trucks that pull cranes and have a difficult time getting on and off Barwick Road onto that road.
Mr. Mason stated the road is not currently wide enough for two vehicles to pass side-by-side.
One vehicle has to stop on the edge of the road and allow another vehicle to pass. Mr. Mason
stated the traffic is currently a problem in this area and stated approximately 90 homes are going
in Sabal Lakes Phase IV which will also feed onto Barwick Road. Mr. Mason urged the
Commission to consider the access issues as they make their decisions.
There being no one else from the public who wished to address the Commission,
the public hearing was closed.
Mr. Perlman stated the RFP Review Team ranked Westbrooke #1 and there were
a lot of concerns about the financing with the district. Mr. Perlman continued to state that he
would like to choose what he feels is the best plan and then begin negotiations with whoever gets
chosen and work on some of those issues.
The City Attorney stated the selection then would be subject to an appropriate
contract being negotiated and the contract would have to be acceptable to the Commission
including financing if that is the Community Development District (CDD) issue.
Mr. Levinson suggested that if the Commission ranks the developers numb~ 1-4
(with 1 being the highest) and are unsuccessful in negotiating an appropriate contract with #1,
then he recommends that the Commission move to #2.
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11/05/02
Mr. Perlman expressed concern with price and design and feels this is an
incredible opportunity to create a neighborhood that is going to be a credit to the City for
decades to come.
Mrs. Archer expressed concerns over the public access to the park and she feels it
is very important that the City have a park that the public is aware of the fact that there is access
available and that they feel welcome to go there.
Mayor Schmidt stated it was his understanding that Mr. Handler represented that
if it was the Commission's desire to have them move forward without the CDD they were
prepared to offer the City the same amount of money without the CDD. Mr. Handler stated they
are prepared to move forward without the CDD at the same purchase price for the land.
Mayor Schmidt stated he does support the idea of the CDD in any of the
proposals.
Mr. Levinson stated if the CDD idea is removed then the committee might
certainly need to reconsider its points of allocation based on the price of the homes. Mr.
Levinson continued to state that this may have an affect on the outcome of the ranking.
Ms. McCarthy asked for clarification that if the Westbrooke Homes was in the #1
position without the CDD being in place, would it still meet the criteria (the affordable housing)
and would it start at the level that the Commission would want it to. Furthermore, Ms. McCarthy
stated they may not been able to evaluate the cost of each home. However, they received points
based on the price range and therefore asked if the price range of homes will remain the same as
what came in the RFP?
Mr. Doffing stated when the committee ranked the proposals they looked at
whether they met the price range of $140,000-$200,000 and noted that this one clearly met the
criteria ($165,000). If the CDD is not in place and there is an $8,000 difference this would be
$173,000 a home and would still be within the range. Therefore, Mr. Doffing stated the points
would not have changed.
At this point, Mayor Schmidt suggested that the Commission rank the developers
from #1-#4 and whoever gets the lowest number of points is going to be the #1 developer.
Mayor Schmidt stated if the #1 company should happen to be Westbrooke then the Commission
can discuss whether or not to proceed with the CDD.
Mayor Schmidt stated in order of ranking Continental Homes of Florida, Inc.
has a total of 8 points, Westbrooke Companies, Inc. with a total of 9 points, Lennar
Communities of South Florida, Inc. with a total of 14 points, and Centex Homes with a total
of 19 points.
Prior to the vote, Mr. Perlman stated he would like to amend the motion to state if
things do not work out with Continental Homes of Florida, Inc. (#1) he would like the
Commission to select the company ranked #2 (Westbrooke) and negotiate the impact on the
home price.
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11/05/02
Mr. Levinson moved to approve the ranking by the four developers who
responded to the RFP for the Master Development Plan for 54 acres of City owned properties as
stated by Mayor Schmidt and that if things do not work out with Continental Homes of Florida,
Inc. that the Commission select the company ranked #2 (Westbrooke) and consider the CDD and
see what impact it has on the home price without the CDD, seconded by Mr. Peflman. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.B. RESOLUTION NO. 85-02: Consider approval of Resolution No. 85-02
authorizing the City to purchase property lying within the LWDD L-33 Canal in an mount not
to exceed $30,000.00, and providing an easement on the south side of the LWDD L-33 Canal.
Prior to consideration of passage of this resolution, a public heating has been scheduled to be
held at this time.
The caption of Resolution No. 85-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER, THE LAKE WORTH
DRAINAGE DISTRICT, CERTAIN REAL PROPERTY IN
PALM BEACH COUNTY, FLORIDA, GENERALLY
DESCRIBED AS APPROXIMATELY 35 FEET NORTH OF
THE L-33 CANAL LYING IN A PORTION OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST AND LYING WITH
THE LAKE WORTH DRAINAGE DISTRICT CANAL AS
MORE PARTICULARLY DESCRIBED HEREIN; HEREBY
INCORPORATING AND ACCEPTING THE LETTER
AGREEMENT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE CITY OF
DELRAY BEACH, FLORIDA, AND THE LAKE WORTH
DRAINAGE DISTRICT AND AUTHORIZING THE
CONVEYANCE OF AN EASEMENT TO THE LAKE WORTH
DRAINAGE DISTRICT OF LAND IS GENERALLY
DESCRIBED AS THE PROPERTY 40 FEET SOUTH OF THE
L-33 CANAL AND AS MORE PARTICULARLY DESCRIBED
IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
(The official copy of Resolution No. 85-02 is on file in the City Clerk's office.)
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public heating open. There being no one from the
public who wished to address the Commission regarding Resolution No. 85-02, the public
heating was closed.
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11/05/02
Mr. Levinson moved to approve Resolution No. 85-02, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items.
ll.A.
City. Mana~,er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
11.B. From the Public.
11.B.1. Jill Denio, 308 Coral Trace Court~ Delray Beach, expressed concern over there
being two parks located around Barwick Road and inquired as to what thc need is for these
parks. In response, Mayor Schmidt stated the nccd for another neighborhood park was identified
in the Parks Master Plan for that area. Ms. Denio stated the second park located on Barwick
Road should also be accessible to the public.
ll.B.2. John Benneth 137 Seabreeze Avenue~ Delray Beach, stated he has been asked
by the American Legion Post #65 and V.F.W. Post #188 to distribute invitations for two
Veteran's Day events. Mr. Bennett stated a ceremony will be held on Monday, November 11,
2002, at 9:30 a.m. at the Dekay Beach Cemetery and the other ceremony will be held at
Veteran's Park at 11:00 a.m. followed by a spaghetti dinner at the Legion Post (263 N.E. 5th
Avenue). He invited the Commission, the general public, and City staff to attend one of these
two events.
ll.B.3. Gerry. Franciosa, 939 Eve Street~ Delray Beach~ expressed concern over the
status of the dredging in Tropic Isle and inquired as to why the dredging is not complete. Mr.
Franciosa stated, "The problem we have in Tropic Isle... we're getting very divided because
there are some people in Tropic Isle that cannot speak to the Tropic Isle Commissioner who is
Commissioner Levinson so we can't communicate." Mr. Franciosa commented that there are
rumors in the Tropic Isle subdivision that the City is allegedly attempting to make a settlement
with the Tropic Isle Civic Association. Mr. Franciosa stated he would like a response from the
City Manager and the City Attorney. Furthermore, Mr. Franciosa stated he cannot communicate
with his own Commissioner.
Mayor Schmidt stated that the entire Commission represents the City and
commented that there is not a Commissioner for the Tropic Isle subdivision.
Mr. Levinson stated it is important to note that he has been meeting regularly with
the Tropic Isle Board about this issue in addition to other issues. Mr. Levinson continued to state
that there are 250 plus members of the Tropic Isle Civic Association and there are only 440
homes, which represents well over half of the members that are represented by the Tropic Isle
Civic Association. Mr. Levinson stated he receives calls regularly from members and non-
members of his association who make telephone calls to ask him questions to see if he can help
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11/05/02
in a variety of issues. Mr. Levinson stated he does not appreciate the personal attacks because he
feels that misinformation is being spread.
At this point, Mr. Levinson suggested that the Commission invoke the Rules for
Public Participation #3, Addressing the Commission, and read this rule into the record.
At this point, the time being 7:45 p.m. the Commission moved back to Item 9.1).
of the Regular Agenda.
9.D. CONDITIONAL USE REQUEST/GULFSTREAM BUSINESS BANK:
Consider a request for conditional use approval to allow the establishment of a bank with a drive-
through facility for Gulfstream Business Bank at Atlantic Plaza, located at the northeast corner
of east Atlantic Avenue and N.E. 7th Avenue. (Quasi-Judicial Hearing)
Mayor Schmidt read into the record a summary of how a quasi-judicial heating is
conducted by the City of Delray Beach.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-397 into the record.
The request is to establish a bank (Gulfstream Business Bank) in an existing
office building and to utilize an existing remote drive-thru facility both located within Atlantic
Plaza. The existing suite was formerly occupied by professional offices and at one time the
financial institution known as Great Western Bank.
At its meeting of October 21, 2002, the Planning and Zoning Board held a public
hearing and after discussion the Board voted 7-0 to recommend approval of the Conditional Use
request to establish a bank with remote drive through facility for Gulfstream Business Bank at
Atlantic Plaza, based upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan subject to the following condition as listed in the City Commission
documentation memorandum.
Ms. McCarthy stated she had a meeting at City Hall with the City Manager and
representatives from the new management company for the Atlantic Plaza.
Mr. Perlman moved to approve the Conditional Use request subject to the one
condition listed in the City Commission agenda documentation memorandum, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5
11/05/02
to 0 vote.
9.E. CONDITIONAL USE REQUEST/SAZERAC BISTRO & MARTINI BAR:
Consider a request for conditional use approval to allow the establishment of a late night
business located within 300 feet of residentially-zoned property for Sazerac Bistro & Martini Bar
at Lake Ida Plaza, located at the southwest comer of Lake Ida Road and Congress Avenue.
(Quasi-Judicial Hearing)
Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is
conducted by the City of Delray Beach.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mr.
Perlman stated he had dinner at the Sazerac Bistro & Martini Bar and spoke to the General
Manager and the Chef/Owner about this issue. There were no other ex parte contacts disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2002-406 into the record.
Mr. Dorling stated the Sazerac Bistro & Martini bar is defined as an upscale food
seafood restaurant which will occupy an existing bay at the southwest comer of Lake Ida Plaza
previously occupied by the China Doll Restaurant. The facility will be open after midnight until
2:00 a.m. for dinner and late dining and the property is located within 300 feet of residentially-
zoned property, conditional use approval must be obtained. As identified in the LDR's a late
night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline
station, convenience store, convenience business, retail store, grocery store, laundromat or
similar use which is or will, at any time during a calendar year, be open for business at any time
between the hours of 12 midnight and 5 a.m.
At its meeting of October 21, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request. There were no comments from the public. After
reviewing the request, the Board unanimously voted 6-0 (Woehlkens absent) to recommend to
the City Commission approval of the Conditional Use request based upon positive findings with
respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and
Section 4.3.3(VV)(2)(c) (Late Night Business Findings) of the Land Development Regulations,
and consistency with Housing Element Policy A-12.3, subject to the three conditions listed in the
City Commission documentation memorandum.
Mrs. Archer asked if Mr. Dorling feels there will be any conflict with
Shootersville Billiards. In response, Mr. Dorling stated this is in a remote comer of the center.
Mr. Perlman asked if the applicant has agreed to all three conditions as outlined in the City
Commission documentation.
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11/05/02
Mr. Levinson asked about the method of enforcement. Mr. Dorling stated they
would find out through Code Enforcement. Mr. Levinson asked if at 11:00 p.m. they start
having music and dancing is that then considered a night dance club. Mr. Dorling stated that
they have a sound system within the restaurant and he imagines they could turn up the stereo but
he does not envision that this will be an issue. Mr. Levinson feels if there is some methodology
by which it can be controlled so that if it does get to that point it can be enforced, then he feels
this would be fine.
Sarah Taylor, General Manager of Sazerac Bistro & Martini Bar, stated there are
no plans of making this a late night club. Ms. Taylor stated this will be more of an upscale bar
that will be playing jazz music. Ms. Taylor stated she does not anticipate any problems and
noted they are working with the security team for internal and external crowds.
There being no one else who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
Mrs. Archer moved to approve the Conditional Use request based upon the three
conditions listed in the City Commission documentation memorandum, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
Prior to the vote, Mr. Perlman stated this will be a very nice upgrade to the Lake
Ida Plaza. In addition, Mr. Perlman commented that he feels this is a very classy place and is
happy to support.
Mr. Levinson stated the reason he raised a question regarding this is because this
does not go with the property owner but goes with the property so that if someone else comes in
after the current owner, he/she will have the same rights being granted to the current owner.
9.F. WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/THE LEGACY:
Consider a request to waive LDR Section 6.1.2 (C) to reduce the pavement width from 24 feet to
22 feet for the residential streets located within the Legacy at Sherwood Forest Development,
located at the southeast and southwest comers of West Atlantic Avenue and Sherwood Forest
Drive. (Quasi-Judicial Hearing)
Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is
conducted by the City of Delray Beach.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
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11/05/02
Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-313 into the record.
The properties under consideration consist of Tracts G-1 and G-2, Sherwood
Forest Plat No. 1, and total 9.08 acres. The development proposal consists of 72-unit
townhouses. The internal streets are a loop network. To construct the project as proposed the
applicant has requested a reduction in pavement width from 24' to 22' for portions of the roads
located with the subdivision.
The development proposal provides a 22' wide street with 2' of valley curb and
gutter on both sides of the pavement. The reduced pavement width will provide for 22' of
pervious surface which is bordered by a 2' valley curb on each side. In essence, 26' of pavement
will exist. The City has supported similar reductions such as the Parkside Townhomes and the
Estuary developments.
At its meeting of June 17, 2002, the Planning and Zoning Board considered the
request in conjunction with the approval of the Master Development Plan modification for a 72-
unit townhouse project known as Legacy at Sherwood Forest. The Board unanimously (5-0)
recommended approval of the reduction in pavement width.
Mayor Schrnidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding the waiver request, the public hearing
was closed.
Mr. Perlman moved to approve the waiver request to reduce the pavement width
of the internal streets located within the Legacy at Sherwood Forest from 24' to 22' as indicated
on the site plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
REQUEST FOR IN-LIEU PARKING SPACES/DOWNTOWN LOFTS:
Consider a request by Downtown Lofts for the purchase of three (3) in-lieu parking spaces in the
amount of $36,000.00. Downtown Lofts is located on the east side of S.E. 4th Avenue, between
S.E. 1st Street and S.E. 2nd Street.
Paul Dorling, Director of Planning and Zoning, stated the Downtown Lofts is
proposed mixed use development consisting of four (4) condominiums and 3,015 square feet of
office space to be located on the east side of S.E. 4th Avenue between S.E. 1st Street and S.E. 2nd
Street (103 S.E. 4th Avenue).
The proposed site plan provides thirteen (13) on site parking spaces. The
applicant is requesting the purchase of three (3) in-lieu parking spaces at a cost of $12,000 each,
totaling $36,000 to be paid in full at the time of submission of a building permit application.
LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way
exists adjacent to a proposed project the applicant must construct additional on-street parking.
The applicant will seek reimbursement of the costs associated with establishing the two (2) on-
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street parking spaces if approved.
At its meeting of October 22, 2002, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Mrs. Archer commented that the access to these parking spaces other than the two
on the street will only be from the alley.
Mrs. Archer moved to approve the request by Downtown Lofts for the purchase
of three (3) in-lieu parking spaces in the amount of $36,000, seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman -Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote.
9.H. REQUEST TO REDUCE LIENS/ANDREW RICHARDS: Consider a
request from Mr. Andrew Richards to waive the interest and administrative fees in the amount of
$5,107.22 assessed for abating nuisances on property he acquired by purchasing Tax Deeds. The
property is located at 1410 N.W. 2nd Street. Mr. Richards is prepared to pay the remaining lien
of $1,556.94. Staff recommends denial.
At this point, Mr. Peflman left the dais.
Lula Butler, Director of Community Improvement, stated Mr. Richards recently
purchased a lot via a tax deed (1410 N.W. 2nd Street) and requests that the City waive the interest
and the administrative costs. As of October 30, 2002, the City has outstanding liens which total
$5,107.22.
Mr. Levinson commented that in an email from Mr. Richards it states he is
interested in purchasing the property and not that he has already purchased the property. Ms.
Butler stated he wrote back and informed staff that he has purchased this one piece of property
and all the other properties he is currently pursuing. Ms. Butler stated Mr. Richards knew ahead
of time that he was subject to this tax lien.
Ms. McCarthy commented that there is no guarantee that Mr. Richards is going to
entertain working with one of the projects that the City has for affordable housing. Ms.
McCarthy asked if Mr. Richards were to end up in one of the programs for first time home
buyers or affordable housing, would a builder at that time have the ability to come back to the
City and then be able to request some type of adjustment. In response, Ms. Butler stated if he
were actually a parmer in the program then he could request some type of adjustment.
Mrs. Archer stated it appears to her that the City is getting to the point where if
there is a request from anyone fees will be waived. Ms. Butler stated this is not what is being
done. However, Ms. Butler explained that staff will support and recommend approval for lots
such as this request that come through the Renaissance Program because it is in support of the
Affordable Housing Program. Ms. Butler continued to state that when there are others, as long
as staff can determine that the requesting person understands the risk they were taking and are
simply buying property for investment purposes only, then staff would not recommend approval
of these situations.
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11/05/02
Ms. McCarthy moved to deny the request from Mr. Andrew Richards to reduce
the amount of lien from $5,107.22 to $1,556.94 owed for property he acquired by purchasing a
Tax Deed, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
to deny passed with a 4 to 0 vote.
At this point, Mr. Perlman returned to the dais.
9olo
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT/SOUTHRIDGE
VILLAGE CONDOMINIUM: Consider a request from Mr. Eli Behar to waive the special
assessment on Southridge Village Condominium.
The City Manager stated in 1988 the City rebuilt the streets in the Woods of
Soutbxidge and Mr. Behar contacted the City after the billing was sent out and he has been trying
since then to get the City to reduce the amount of the assessment for street reconstruction and has
been denied by staff several times. Thus, Mr. Behar has requested to come before the
Commission to make his case.
Eli Behar, President of Southridge Village Association, Inc. stated the City
entered into an agreement with the Woods of Southridge and not with Southridge Village
Condominium for road improvements. Mr. Behar stated that Soutbxidge Village Association,
Inc. is a private road and this is of no benefit to them.
The City Manager explained that the reason the Southridge Association is being
assessed is because they have accumulated funds for a pair of streets and they paid the City the
funds and that amount was used to reduce the amount of the assessment. All the individual
property owners were sent notice as required by law. The City Manager stated the notice was
sent to the agent at that time for the condominium. Furthermore, Mr. Behar stated that he does
not recall receiving notice but the notice was not returned to the City.
Mr. Behar stated there is no benefit to the Southridge Village Condominium and
distributed pictures of his street showing where no paving was completed. Mr. Behar is
protesting because he stated the entrance to S.W. 8th Avenue was never paved.
Ms. McCarthy asked if Southridge Village Condominium Association uses the
same management company as Woods of Southridge. Mr. Behar stated they do not have a
management company other than themselves. Mr. Perlman stated since the condominium has an
entrance on Southridge Road then he feels there is benefit to Southridge Village Condominium
because there is use of this road.
Mr. Perlman moved to deny the request for reduction of the assessment on
Southridge Village Condominium, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes. Said motion to deny passed with a 5 to 0 vote.
9.J. RESOLUTION NO. 88-02: Consider approval of Resolution No. 88-02
establishing the Bicycle/Pedestrian Task Force consisting of seven (7) members with a sunset
-20-
11/05/02
date of May 31, 2003. The City Commission will appoint the membership at the November 19,
2002 meeting.
The caption or Resolution 88-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING A
BICYCLE/PEDESTRIAN TASK FORCE FOR THE PURPOSE
OF IDENTIFYING THE NEEDS OF BICYCLISTS AND
PEDESTRIANS WITHIN THE CITY AND RECOMMENDING
THE IMPLEMENTATION OF A BICYCLE AND PEDESTRIAN
SYSTEM CONSISTENT WITH THE CITY' S
COMPREHENSIVE PLAN WITHIN THE CITY OF DELRAY
BEACH, PROVIDING AN EFFECTIVE DATE AND A SUNSET
DATE.
The official copy of Resolution No. 88-02 is on file in the City Clerk's office.)
Mr. Levinson moved to approve Resolution No. 88-02, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.K. DECLARATION OF UNITY OF TITLE/DELRAY BEACH CLUB:
Consider approval of a request from Delray Beach Club regarding acceptance of an irrevocable
Declaration of Unity of Title, Restriction, and Covenant as a voluntary restriction on density.
The City Attorney stated the Delray Beach Club has requested that the City
execute an Acceptance of an Irrevocable Declaration of Unity of Title, Restriction and Covenant
as a voluntary restriction on density.
Prior to vote, Mr. Levinson made an amendment to the motion to reflect that the
Delray Beach Club guarantee to the City the tax that has been paid from fiscal year 1998-99 thru
fiscal year 2000-01 as a base minimum tax. Mr. Levinson continued to state that he would hate
to see the appraisal come back less than what the City has been receiving from them and would
not like to see the revenue to the City be guaranteed in case the property appraiser assesses the
property for less.
Thomas E. Sliney, Esq, stated this would really be a Board issue and noted that
the President of the Delray Beach Club is present.
Mr. Foster, President of the Delray Beach Club, stated he does not want to see this
drag on any longer and does not feel there should be a restriction put on this. Mr. Sliney stated
the Board is a non-profit corporation and has the ability to make the business decision itself. If
that be the will of the Commission, he would recommend that this be done.
-21-
11/05/02
Mr. Levinson stated he discussed with Mr. Sliney that if the City is capping the
taxes on a piece of 3-acres of beachfront that it would make sense for the City since it is a
"recreational use club" which could provide a service for residents of the City. Mr. Levinson
stated in fairness to the other residents if there is not going to be any upside that we not penalize
the other residents by reducing the taxes below what they have been paying.
Mr. Sliney stated he does not know what the assessed amount will be and
commented that at the present time the Palm Beach County Property Appraiser is in the process
of re-assessing the property.
Ms. McCarthy stated she is strongly opposed to the amendment to the motion
because the Commission has no control over how the Palm Beach County Property Appraiser
will assess this property. Ms. McCarthy stated the chances are the residents will be assessed for
less then they have already been taxed these past few years is very unlikely. Ms. McCarthy
stated it is her understanding that just so that they would not be necessarily assessed at the
highest and best use which they do not elect to use and thus is speaking in favor of the motion as
originally proposed.
Mrs. Archer and Mr. Perlman concurred with comments expressed by Ms.
McCarthy.
Mr. Levinson stated his concern is that without the development rights the land
becomes much less valuable and that is why he feels there ought to be a floor for the tax bill so
as to not negatively impact the other taxpayers of the City. Furthermore, Mr. Levinson stated
although he understands the City cannot control what the property is assessed for, he feels by
agreement the City can make up that difference by payments from the Beach Club to the City
and thus the reason for his recommendation.
Mrs. Archer stated she rejects the amendment to the original motion.
The subsidiary motion died for lack of a second.
Mrs. Archer moved to approve the request from the Delray Beach Club regarding
acceptance of an irrevocable Declaration of Unity of Title, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Perlman -Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.L. AMERICAN LA FRANCEfMEDICMASTER: Consider authorization to
cancel the remaining purchase orders for the MedicMaster contract for emergency care vehicles
due to defectiveness and file suit to recover monies spent in the amount of $142,550.00.
For clarification, the City Attorney noted that $142,550 is the purchase price of
one vehicle and does not include repair costs.
Mr. Perlman moved to approve cancellation of the purchase order and to proceed
to file suit, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
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11/05/02
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.M. PROPOSAL FOR SETTLEMENT/JOHNSON v. CITY: Consider acceptance
of proposal for settlement subject to the receipt of appropriate releases in the Johnson v. City of
Delray Beach case. Staff recommends acceptance.
Mrs. Archer moved to approve the proposal for settlement in the Johnson v. City
of Delray Beach case, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes;
Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote.
9.N. REIMBURSEMENT/HEALTH INSURANCE: Consider a request to
reimburse City of Delray Beach employees not in bargaining units for the dependent health
insurance premium increase in an amount not to exceed $30,000.00 for the period covering the
first payroll in February 2002 to the last payroll in October 2002. Funding is available from 551-
1575-591-99.01 (Risk Management Project Reserve).
The City Manager stated the ratification of the three union contracts required the
City to absorb the dependent health insurance premium increase for the period covering the first
payroll in February 2002 through the lat payroll in October 2002. The City Manager stated this
is a request asking that the Commission approve reimbursing the non-bargaining unit employees
for the dependent health insurance premium increase for this same period at a cost not to exceed
$30,000.
Mr. Perlman moved to approve a request to reimburse City of Delray Beach
employees not in bargaining units for the dependent health insurance premium increase,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.0,
CONTRACTED POSTAL UNIT/DOWNTOWN DELRAY BEACH:
Consider a request from Pineapple Grove Main Street, Inc. regarding a contracted postal unit in
Pineapple Grove that serves downtown Delray Beach.
Glenn Weiss, Program Manager for Pineapple Grove Main Street, introduced Ira
Jacobson and Evan Keller who jointly submitted a proposal to the U.S. Postal Service to mn a
contracted postal unit from the existing Post Office location. Mr. Jacobson and Mr. Keller have
verbally reached an agreement in terms of the ability to lease a percentage of the building to
allow them to operate a contracted parcel unit from that location. Mr. Weiss stated for every
dollar that they sell of stamps they get. 13 cents of the stamp sales and they feel they need. 15
cents and that difference is about $30,000 which is the subsidy that he is trying to find. Mr.
Weiss stated he is requesting two things from the Commission. One, is this is an unusual
circumstance in terms of the subsidy of a private contractor and is the last possibility of saving
the Post Office in downtown Delray Beach. Second, Mr. Weiss requests that if possible that
there be a fiscal sharing of this subsidy whereas the City would provide approximately $10,000,
the CRA provide $10,000, and Pineapple Main Street would transfer $10,000 of the $25,000 the
-23-
11/05/02
CRA gives them for faqade improvement to make sure the Post Office is in operation. Based on
figures from the Post Office there are approximately $200,000 people per year who come to the
Post Office.
Mayor Schmidt stated for clarification that the contract would be for one year.
Ms. McCarthy asked if the Chamber of Commerce was asked to a party for this
first year. Mr. Weiss stated he did not ask the Chamber of Commerce if they would like to be a
party. Speaking as a member of the Board, Mr. Perlman does not think the Chamber has the
money and is not sure if the Chamber would go into the business of subsidizing a private
business.
Brief discussion followed between Mr. Jacobson, Mr. Keller, and the
Commission.
Ms. McCarthy stated she no longer sits on the Board of Directors for the Chamber
of Commerce. However, Ms. McCarthy stated the Chamber has a multitude of businesses and
the use of the downtown would be very instrumental for them as well. Ms. McCarthy stated
even if the Chamber does not have the dollars in its budget she feels the businesses that would be
impacted by losing this convenience may want to know and may want to be instrumental with
Pineapple Grove in making this a reality as well.
Mr. Perlman concurred with comments expressed by Ms. McCarthy and inquired
as what the time limit would be for the Chamber to make an effort to see what kind of interest is
out there. Mr. Jacobson and Mr. Keller stated that the Post Office has given them until the 15th
to come back with an answer on whether it is a possibility of getting the financial support if
needed.
Mr. Levinson asked if they will be able to refill postage meters and stated this is
what drives a business to the Post Office as opposed to an individual. The postage meters that
were being brought to the Post Office to be refilled are being retired. In 2003, those postage
meters will no longer be allowed to be used and a business will have to dial in on-line to get their
postage and will still be required to be checked by a Post Office once a year.
Further discussion followed by the Commission.
Mayor Schmidt stated that he concurs with Ms. McCarthy's suggestion to pursue
with the Chamber of Commerce to see if they are willing to make some sort of contribution and
also that the City agree to the subsidy in the amount not to exceed $10,000. Mrs. Archer stated
she does not feel it is realistic that the Chamber will make any contribution. Mr. Levinson
inquired if there is any economic development money from the County that might be available
for this kind of thing. The City Manager stated this would probably only apply to new jobs but
this can be looked into. Mr. Levinson stated it may be that by getting private jobs it may be that
the area may qualify for a particular amount of money.
County.
Ms. McCarthy stated she too would like to see the City investigate this with the
-24-
11/05/02
After discussion, Mrs. Archer moved to approve that the City agree to support the
operation of the Post Office for one year in an amount not to exceed $10,000 or 1/3 of the loss if
lower, subject to confirmation of audited books to confirm the loss. Also other entities should be
contacted (Chamber & County) to see if there are other monies available, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a
5 to 0 vote.
12.._:.
FIRST READINGS:
None.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. CiW Manager.
The City Manager stated that the analysis regarding the Community Development
Districts (CDD) the City received from Hillsboro County is excellent. The City Manager stated
the analysis points out all the problems he is concerned with about creating another government
within us and further fracturing those local government services and the fact that all the benefit
does not go to the homebuyer but gets split between the developer and the homebuyer. The City
Manager stated overall he feels this is a very balanced look and suggested that the Commission
may want to develop a higher standard on the infrastructure. The City Manager encouraged the
Commission to review the analysis because he stated this is an issue that comes up from time to
time.
13.B. CiW. Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
Ci.ty Commission.
13.C.1.
Commissioner Archer
Mrs. Archer commented about the Sister Cities Exchange Delegation Program
and stated it is nice to know that this program is ongoing and that Mayor Schmidt was so
instrumental in making this happen.
Mrs. Archer echoed comments expressed by the entire Commission.
13.C.2.
Commissioner Perlman
Mr. Perlman thanked Larry and Barbara Garito for their hospitality with regard to
the Sister Cities Exchange Delegation Program.
-25-
11/05/02
Secondly, Mr. Perlman thanked Chief Koen for allowing the Commissioners to
ride on the fire trucks on Halloween to pass out candy and stated the evening was great. Mr.
Perlman stated the community has tremendous respect for the Fire-Rescue Department and feels
this is a good tradition for the City to continue.
Mr. Perlman commented on the movie night held at Old School Square and stated
it was a great evening. Mr. Perlman stated he applauds Old School Square for providing free
family oriented entertainment.
Mr. Perlman congratulated Commissioner Levinson for winning the Long Drive
Golf Contest.
Mr. Perlman stated while Mr. Rudy Giuliani (former Mayor of New York City)
was in town he visited Skip Brown's wife who is battling cancer. Mr. Giuliani gave Mrs. Brown
an inspirational talk since he is a cancer survivor himself.
13.C.3.
Mayor Schmidt
Mayor Schmidt publicly thanked Nancy King, Publications Editor, for the great
job she did on the Advisory Board Reception and stated he received many favorable comments.
13.C.4.
Commissioner McCarthy
Schmidt.
Ms. McCarthy concurred with comments expressed by Mr. Perlman and Mayor
Secondly, Ms. McCarthy extended a special thanks to City staff for the activities
they put together for Community Unity during the month of October.
Contest.
Ms. McCarthy congratulated Mr. Levinson for winning the Long Drive Golf
Friday.
Ms. McCarthy asked if anyone will be attending the Urban League event on
13.C.5.
Commissioner Levinson
Mr. Levinson congratulated Nancy Stewart for making the Garlic Festival a
success and thanked her for the great job she does all year.
Secondly, Mr. Levinson concurs with comments expressed by Mayor Schmidt
with regard to the Advisory Board Reception. However, Mr. Levinson stated he was distressed
to hear a non-Board member complaining that individuals had to pay $35 to dine with a
Commissioner after the reception at Cornell Museum where food and beverages were provided
at no cost.
-26-
11/05/02
Mr. Levinson stated he will be unable to attend the Veteran's Day ceremonies
because he will be watching the NASA launch.
Mr. Levinson thanked Barbara Garito for her hospitality with regard to the Sister
Cities Exchange Delegation Program.
Mr. Levinson thanked and commended Skip Brown for the great job he did with
the Home Front Security Event and stated he was a great M.C.
Mr. Levinson stated he had a great time trick-or-treating with the Fire-Rescue
Department and commented that they visited communities such as Carver Estates, Pine Grove,
Tropic Palms, and Tropic Isle.
Mr. Levinson congratulated Leon Weekes who received the Service Above-Self
Award from the Rotary Club of Delray Beach Noontime Chapter and stated his name is on the
wall at Old School Square. Mr. Levinson stated Mr. Weekes is very deserving of this award
because of his long time commitment to the community.
Mr. Levinson stated the Houdini event was great. Furthermore, Mr. Levinson
stated Kids Day and Halloween on the street was a huge success. Mr. Levinson stated hundreds
of children were trick-or-treating during the day and he was approached by approximately forty
people who thanked him for what the Commission is doing and how glad they are to live in
Delray Beach.
Lastly, Mr. Levinson commented about the movie night held at Old School
Square.
At this point, the time being 9:05 p.m., Mayor Schmidt adjourned the Regular
Meeting to Item 14, Closed Attorney/Client Session and Item 15, Closed Attorney/Client
Session.
14~ CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re:
the case of Coral Trace Homeowners' Association~ Inc. vs. the Ci.ty of Delra¥ Beach.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
-27-
11/05/02
Mayor Schmidt read the following statement for the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8)
regarding the Coral Trace Homeowners' Association, Inc., et al. v. City of Delra¥
Beach case (Case No. CA-02-009904-AF). The estimated length of the closed
session shall be 15 minutes. The following persons will be attending: Mayor
David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and
Jon Levinson, City Manager David Harden, City Attomey Susan Ruby, and a
certified court reporter."
15. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re:
the case of the City of Delra¥ Beach vs. M & P Concrete.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David Harden
City Attomey Susan Ruby
Bill Doney, Esq., Counsel for the City
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Schmidt read the following statement into the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8)
regarding the City of Delray Beach v. M&P Concrete, et al. case (Case No. CA-
02-008854-AI). The estimated length of the closed session shall be 15 minutes.
The following persons will be attending: Mayor David Schmidt, Commissioners
Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City Manager
David Harden, City Attorney Susan Ruby, Bill Doney, Esq., counsel for the City,
and a certified court reporter."
At this point, the time being 9:45 p.m., Mayor Schmidt reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
SETTLEMENT OF CITY OF DELRAY BEACH v. M&P CONCRETE:
Consider settlement of the referenced matter.
Mrs. Archer moved to approve the settlement of the City of Delray Beach v. M&P
Concrete, subject to the terms as outlined in the letter from Attorney William P. Doney,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
-28-
11/05/02
at 9:46 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
ATTEST:
City Clerk
MAYOR
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 November 5,
2002, which Minutes were formally approved and adopted by the City Commission on
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.
-29-
11/05/02
November 13, 2002
Boca Raton Airport Authority
3700 Parport Road Suite//304 Boca Raton, Florida 33431 Phone (561)391-2202, Fax (561)391-2238
E-marl matl~bocaatrport corn Websfte www bocaa~rport corn
RF. CEIVED
2002
CiTY MANAGER
David T. Harden
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear David:
We appreciate the opportunity to appear before the City Commissioners of
the City of Delray Beach, Florida on Tuesday, November 19, 2002.
Our seven (7) minute presentation is being provided to you for insertion into
the Commissioners Agenda package.
We have coordinated our presentation with appropriate city staff and we
look forward to Tuesday's meeting.
If you have any questions or need additional information, please call me at
(561) 391-2202.
Sincerely,
Airport Manager
Philip Modder
Chairman
Bruce Benefield
V~ce~Chairman
Lawrence Rayman
Secretary & Treasurer
Harold Ingraham Paul McDermott Stanford Morris Janet Sherr
Member Member Member Member
Boca
Noise Program
Presented to the City of Delray
November 19,
Airport N~3~'eAbatement Program
Voluntary Night-time 7am)
Full time Noise Abatement
Citizens Input Noise Hotline
Aircraft Owner/Operator reminder lett~
abatement procedures
Noise Committee meetings and public forums
Voluntary Noise Abatement
Airport Noise Abatement Signage
Pilot Room signage, posters and flight card
Portable Noise Monitoring
Part 150 Noise Study and Updates
Educational Internet and Web Site Resources
noise
Re6entPmgram Updates
Approved Part 150 Noise
Compatibility Program (July
No/se ~ N~il~ ~d ~
Permanent Noise Monitoring & Tr'~king
design and bid stage.
including:
· AAC and NCC Committees inifiatecL
Interim - Interact Based Flight Tracking system
Monitor.
)ise
Airportt nitor Overview
traffic and infornmti_/on, s airport m~b sites.
Operation:
"Currant" Mode delayed by 10 miracles
"Re'play' Mode used to replay data for up to 3
System updates d~ using
Operates on most home coml~_~s, most browse~
up connection 0itlle computer ~ needed).
Simplified software to achieve a ver~
time, as well as playback.
communicate and need for secmily.
NO liv~ tracks - "~" mod~ i.g ~ by 10 miimi~.
2
The Goalsof AirportMonitor
realities about today's air space.
Provide residents a way to look up
View thc airport as a partner, because of~
information, open communication and ealmnced sexvice.
Re-focus efforts and incanmse effici~ in th~ noise office.
Enable thc airport noise office to respond in groat~ detail to
information requests.
Connection tOAirport Monitor
There are two basic ways to
Monitor;
Log on to www.bocaairport.com and
the "Flight Trackinff' button.
to use BCT Airport Monitor are on this
as well as a clickable link that starts the
2. For a "Full Screen" view of BCT Airport
go straight to www4.passur.com/bct.html.
3
Howit Works
Green aircraft icons represent ~
from BCT. "'~
Blue aircraft i~ns represent amvals to
BCT.
operaling to or from another airport in the
region, or that are tmn~ting through the ~gioa
at higher altitudes and ~passing local ~.
their destination or depamire points are not
electronically av~ilnble.
Selecting an aircmA will turn it Red and then
details of the flight can be viewed in the Fligl~
Information window.
Legend
I~ Boca Raton A~Wofl (BCT)
· Departures (BCT)
· ~'~als (BCT)
· In Transit
· Selected
' Data currenffy unavadable
Scale (mi') 0 1 $
4
Clicking on any aircraft tums th;~'igan~ icon red,
indicating that it is the selected flight anc~'wfi! also
bring up the information mede availa~e in x,~
"current", which includes:
· Actual Date and Time the aircraft was flying.
· Aircraft type code.
· Altitude in feet.
· Note, that FligM ID's, N-numbem, and Origin
or Destination information only appear in
'Replay Mode" after one hour.
Please be aware that the Flight Information for
flying under Visual Flight Rules ("VFR") will not display aircraft
identification information in the Aircraft Type field, because of the
rules under which they fly. They w///sknp/y show as "General
Aviation" w/th the a/tEude and track data/ncluded.
"Replay" Mode
The replay function makes it coi~ipnt to review specific flight events, or
times and dates, at your convenience, Pather than having watching
AirportMonitor in real-time.
After an hour, the following information is in replay
mode, in addition to the information already mode
(except General Aviation aircraft flying under V'~sual or
"VFR"):
· Airline/flight number OR tail number
have filed a flight plan, also known as General
Instrument Flight Rules, or"lFR")
· City of origin and destination.
To operate the replay, use the puli-down menus at the top of the
and enter the corresponding date and time you wish (using the 24-ho
clock system), and then press the "Start Replay" button. To end the
replay and tatum to 10-minute delay mode press the "Current' buttor
5
Just under the map yo~'~l-nofice 5 buttons with corm~oonding
zoom sett/ngs ranging from 5 ~lles to 80 m~les. In order to change
the view, just dick the button corres~por~!ing to the map setting you
desire. -~
AirportMonitors
· www. bocaairport.com
· www. lawa.org/lax (Los Angeles
· www.massport.com/logan (Boston)
· www. louintlairport, com (Louisville)
Soon to be released:
· Van Nuys, CA (VNY)
· Ontario, CA (ON-T)
· New York Port Authority (LGA, JFK, EWR)
6
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[~X'/I
AGENDA ITEM # ]~- REGULAR MEETING OF NOVEMBER 19, 2002
FINAL PLAT APPROVAL/PINE VIEW ESTATES
NOVEMBER 15, 2002
This is before the Commission to approve the final subdivision plat for Pine View Estates. The
property is being subdivided to create three single family lots and'is located north of N.W. 9m Street,
between N.W. 1't and N.W. 2"d Avenues.
AH technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Pine View Estates.
S:\Cxty Clesk\chevelle folder\agenda memos\Final Plat. Pine Vtew Estates. 11 19 02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L. Krejcarek, PE
25 Oct 2002
Pine View Estates Plat
Please find an agenda request for Commission approval of the subdivision plat for Pine
View Estates. The property is being subdivided to create three single family lots. I
have enclosed a location map and a reduced copy of the plat. This project was
approved by the Planning and Zoning Board on 19 Aug 2002.
If this meets with your approval, please place it on the 19 Nov 2002 Commission
meeting for approval.
eric
cc TAC file
S:tEngAdminV=on'nsIMemorlk. doc
131'H
11TH
11TH
ST
ST.
~ou~
GEORGE
PINE VIEW ESTATES PLAT
LOCATION MAP
2002-200
I~OF~I
Date: 12 Nov 2002 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda
When: 19 Nov 2002
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the subdivision plat for Pine View Estates. The
property is being subdivided to create three single family lots. I have enclosed a
location map and a reduced copy of the plat. This project was approved by the
Planning and Zoning Board on 19 Aug 2002.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
N.A.
(if applicable)
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: e~~ No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
__Special Agenda
S:XEngAdmin\TACXPine View Estates\19nov2002 agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~~
AGENDA ITEM # ~'~ ~2)
RESOLUTION NO. 93-02
- REGULAR MEETING OF
NOVEMBER 19. 2002
NOVEMBER 15, 2002
This is a resolution assessing costs for abatement action required to remove nuisances on twelve
(12) properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens
against the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 93-02.
AgmemoCE.Res No 93-02
RESOLUTION NO. 93-02
A USOL~TION OF ~ t'XTT ~BSZON OF ~ CZ~ OF DEL~Y B~,
CZ~ OF DEL~Y B~, ASSESSZN~ ~S FOR ~ZNQ ~ZS~CE8 ~ON
CERTAIN ~(S) LO~T~ WI~iN ~ CI~ OF DEL~Y B~ ~ PRO~DING
~T A NOTIC~ OF LI~ S~L ACCO~ ~ NOTICE OF ASSES~
BE~ZNG O~ A~ COBTB Z~u~ ~Y ~ CZ~ TO ACCO~LIBH ~
~AT~ ~ L~i~ ~ COST O~ SU~ ~A~ OF ~ZB~C~Sl
PROVIDIN~ F~ ~ EFFE~I~ DATE _~ FO~ A D~ DAT~ ~ I~ST ON
ASSES~S~ PROVIDING FOR ~ REcedING OF ~IS ~SOL~ION, ~
DEC~IN~ fl~D ~ TO BNA LIEN ~ON THE ~~ PROPER~ FOR ~AID
WH~P.~AB, the Ci~y Manager or his d®sig~ated representative has, pursuant to
Chapter 100 of the Code o£ Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described ~n the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
~RRF~$, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s} and has determined that a nuisance existed in
accordance with t~e standards set forth in Chapter 100 o£ the Coda of Ordinances, and
did furnish the .respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances descr~bing the nature of the nuisance(s) and sent notice that within
ten (10) days £rcu the data of said notice forty-two (42) days in the case of violation
of SeCt/on 100.04 pertainin9 tO seawslla) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WH~RBAS, the property owner(a) named in the list attached hereto and made a
part hereof d~d faA1 &nd neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to faction 100.21 and 100.22
within the time limits prescribed in ~said notice and chapter 100 of the Code of
Ordinances, or ~ the property owner(s) did request and receive a hearing, said
property owner[s~ ~ailod and/or nogIected to abate such nuisance(s) within the t~ne
designated at the hearing wher~Lu & decision was rendered adverse to the property
owner(s); and,
I~H~i~FJ~, the City of Delray Beach, through ~ho City Ad~'Ln/stration or such
agents ~r contractors hired by the City Adm~nistration was therefore required to ~d
did enter upon the Iud(s) described ~n the list attached and ~de a part hereof ~d
~ncurred costs ~n ~at~ng the s~ect nu~o~ce(s) ~st~ng ~eroon as described ~n tho
~ot~co; ~d,
~~, hbo C~ty ~agor of tho C~ty of Dolray Beach ~e, pursuant to
Chapter 100 of the Cod· of Ordinates of t~e C~ty sE Delray Beach,
City Coauiesion a report of the cease Incurred An abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved; and,
~S, the City C,,,,,~4ssion of tho City' of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the co~t of said nuisance(s)
against said property owner(a),
NO~, TI~BRBFORB, BB XT It~SOLV~D BY Ting CZTY COM~C~SSZON OF T~ CZTY OF DELIt~Y
BF.~C~, FLORIDA, AS FOLLOWSt
Section 1. That assessments in the individual amounts es shown by tho
report of the City'~anager of the City of Dalra¥ 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 wl~ich is attached hereto end mede a pert hereof, are hereby levied
against the parcel(a) of land described in said report and in tho maount(s) indicated
there.. Said asseomn~l lo levied shall, Af no~ paid within bhirt~ (30) date after
~iling of the notice described in ~. 3, bec~ a lien upon the respective leks ~d
parcel(s) o~ land described An said report, o~ the s~e nature and ~o ~he s~e ~kent
af the lien for general city ~axes ~d shall be collectible in the s~ ~er as
~r~gages and ~oreclosuFes are ~deF s~a~e law.
Section 2. That such assasmaents shall be legal, valid and binding
obligations upon tho property against which said assessments are levied.
8ecti,on 3. That the City Clerk of the City of Delray Beach is hereb~
directed to immediatel~ mail by first class mail to the owner(e) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City C~ssion of the City of Delray Beach on the has
levied an assessment against said property £or the cost Of abatement of said nuisance
h~ the City, and ~hat 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 o£ collecting said suum. A Notice of Lien shall bo
mailed, along with the Notice of Assessment and this resolution.
Section.4. That this resolution shall becmae effective thirty (30) days
fro~ the date of adoption and the assessment(a) contained herein staX1 become due and
payable thirty (30) days after the mailing date of the-notiCe of said assessment(o),
after which m lien shall be placed on said pro~arty(s), and Interest shall accrue at
the rate Of eight (8) percent per --~um plus, if collection proceedings are necessax¥,
the costs o£ such proceedings including a reasonable attorney's fee.
. Section S. bt An the event that palment has not been received by the City
Cler~ ~AthAn thir~ (30) da~s after the mailing date of the notice of assessment, the
City Clerk ia ~eraby directed ~o .record a certifAed.cop~ of this resolution An the
public records of Palm Beach Count~, Florida, and upon the date and t~e of recording
of the certi£Aed 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 · reasonable attorney's fee.
Res. No. 93~2
· 2002.
day
MAYOR
ATTESTs
City Clerk
3
R~s. No. 93-02
COST OF ABATING NUiSA, NCES. UNDER CHApTER 100 UNDER
,.THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ME SUBDIVISION, LOT A, PB 1, P 3, PRIME HOMES AT NO. BEACH
PUBLIC RECORDS OF PALM BEACH COUNTY, Ft. C/O S3'EVEN GREENFIELD
(HAMMOND RD 1st VACANT LOT E) 7000 W. PALMETTO PARK RD
I:~ # 12 43 46 09 77 000 0010 # 402
CUST ID # 9719 BOCA RATON, FL 33433 $ 59.45
$ 55.00 ADM FEE
LANE SUBDIVISION, LOT B, PB 1, P 3 PRIME HOMES AT NO. BEACH
PUBLIC RECORDS OF PALM BEACH COUNTY, FL c/o STEVEN GREENFIELD
'(HAMMOND RD VACANT LOT # A) 7000 W. PALMETTO PARK RD
PC # 12 43 46 09 77 000 0020 # 402
CUST ID # 9719 BOCA RATON, FL 33433 $ 59.45
$ 55.00 ADM FEE
LANE SUBDIVISION, LOT C, PB 1, P 3, ~PRIME HOMES AT NO. BEACH
PUBLIC RECORDS OF PALM BEACH COUNTY, FL Ic/o STEVEN GREENFIELD
'(HAMMOND RD VACANT LOT NEXT TO 701 ) ii7000 W. PALMETTO PARK RD
PC # 12 43 46 09 77 000 0030t# 402
CUST ID # 9719 'BOCA RATON, FL 33433
$ 59.65
$ 55.00 ADM FEE
LANE SUBDIVISION, LOT D, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, Fl_ PRIME HOMES AT NO. BEACH
.(HAMMOND RD 2ND VACANT LOT E) c/o STEVEN GREENFIELD
'PC # 12 43 46 09 77 000 0040) 7000 W. PALMETTO PARK RD
CUST ID # 9719 # 402
BOCA RATON, FL 33433 $ 74.90
$ 55.00 ADM FEE
J. G, FENNOS+A15 SUB., LOT 1, BLOCK 2, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL RUTH BETHEL
(NW 9TH AVE LOT W OF 23.5) 1129 NW 60TH STREET
PC # 12 43 46 17 22 002 0010 MIAMI, FL 33127-1039
CUSTID # 5969 $ 58.17
$ 55.00 ADM FEE
4
Res. No. 93-02
COST OF ABATING NUISANCES UNDER CHApTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, N 1/2 OF LOT 13, BLOCK 30,
PB 1, P 3, PUBLIC RECORDS OF PALM BEACH
COUNTY, FL ETHEL MACKEY
(124 SW 4TH AVENUE) C/O S. FULLER
PC # t2 43 46 16 01 030 0131 234 NW 7TH AVENUE
CUST ID # 88 DELRAY BEACH, FL 33~ ~?.
65.90
55.00 ADM FEE
DELRAY SHORES, LOT 3, BLOCK 3, PB 24, P 232
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARKER 88, INC.
(524 ANGLER DRIVE) 4560 RIVER BOTTOM DRIVE
PC # 12 43 46 07 01 003 0030 NORCROSS, GA 30092
CUST ID # 8163 50.45
55.00 ADM FEE
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, ROBERT G. ALLEN &
PUBLIC RECORDS OF PALM BEACH COUNTY, FL PATRICIA ALLEN
(206 SW 2ND AVENUE) 206 SW 2ND AVENUE
PC # 12 43 46 16 01 047 0030 DELRAY BEACH, FL 33444
CUST ~D # 60 58.10
55.00 ADM FEE
WEST SIDE HEIGHTS DELRAY, LOT 4, BLOCK 4, STRAGHN ENTERPRISES OF
PB 16, P 98, PUBLIC RECORDS OF PALM DELRAY BEACH, INC.
BEACH COUNTY, FL 26 SW 4TH AVENUE
(NW 10TH AVENUE LOT NO OF 115) DELRAY BEACH, FL 33444
PC # 12-43 46 17 26 001 0040
CUST ID # 358 96.80
55.00 ADM FEE
ATLANTIC PARK GARDENS, DELRAY, LOT 20,
BLOCK 2, PB 14, P 36, PUBLIC RECORDS OF JACQUELINE A. ROBINSON
PALM BEACH COUNTY, FL 1601 NOBLE FOREST DRIVE
(45 SW 13TH AVENUE) NORCROSS, GA 30092
CUST ID # 9473 58.10
55.00 ADM FEE
5
Res. No. 93-02
CO~ST OF ABATING,, NUISAN(~E$ UNDER CHAPTER t00 UNDER
THE COi~E OF ORDINANCE
SUB 17-46~,3, E 43.74 FT OF S 140 FT OF N 165 FT
OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4. SIDNEY WASHINGTON
PB 1, P 3,PUBLIC RECORDS OF PALM C/O DENISE WASHINGTON
BEACH COUNTY. FL 2627 NW 20TH AVENUE # 2
(1402 NW 2ND STREET) FT. LAUDERDALE, FL 33311
CUST ID # 5659 50.45
55.00 ADM FEE
TOWN OF DELRAY, N 100 FT OF W 50 FT OF E 100
FT OF BLOCK 31, PB 1, P 3, PUBLIC RECORDS GEORGETTE W. SMITH
OF PALM BEACH COUNTY. FL 750 NW 18TH TERRACE # 507
(406 SW 2ND STREET) MIAMI, FL 33136-1137
PC # 12 43 46 16 01 031 0010
CUST ID # 9765 58.10
55.00 ADM FEE
VIOLATION I$: SECTION 100~)~1 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
6
Res. No. 93-02
CITY DF DELRrI¥ BErlCH
C;ITY ATTORNEY'S OFFIC:E
1993
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
MEMORANDUM
DATE: November 13, 2002
TO: City Comm~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from the Fountains of Delra¥ Beach, LLC
The following easement deed grants to the City the means to install/maintain water and
sanitary sewer lines to the new retail development located at the southwest comer of
Military Trail and the Lo33 Canal.
By copy of this memo to David Harden, our office requests that this item be placed on the
November 19, 2002 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Barbara Garito, City Clerk
Da~ ~ --'i OFFICE RETREAT
~~ ~~ ~i POST ROSEA/RE
FA R M ER
M,DDIFICATION :
OFFICE DEPOT , DELRA Y
I ~ SQUARE
CARNIVAL OF
; FLEA DELRA Y
I t : .hr : off
] ' FIRST
WEST ATLANTIC = AVENUE
BANK BANK WES T
PLAZA
N ClT~ 8OUNDARY
~ FOUNTAINS AT DEL~Y
c~rY ~ DELRAY BEACH, FL ~"' :~"~
PLANNING ~ ZONINC D~PAR~NT
Prepared by:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this __ day of June, 2002, by and between FOUNTAINS
OF DELRAY BEACH, LLC, a Florida limited liability company, with a mailing address of
whose address is 2515 Eagle Run Drive, Weston, FL 33327, party 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:
WlTNESSETH: 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 public
utilities with full and free fight, liberty, and author/ty to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or withxn the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this fight is the further fight 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 t~tle to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that ~t
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 undersigned have set their hands and seals the day and
year first above written.
PARTY OF THE FIRST PART
WITNESS # 1:
(name printed ~r typed)
(name
FOUNTAINS OF DELRAY BEACH, LLC,
a Florida limited liability company
'loel)/S. Kron, i~s Managinlg Member
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this il.P day of June, 2002 by Joel S.
Kron as Managing Member on behalf of FOUNTAINS OF DELRAY BEACH, LLC, a Florida
limited liability company. He pe. rsonally appeared before me, B personally known to me or
produced as identification.
[NOTARIAL SEAL]
Notary: ~
Print Name: ~>o,,.a ~
Notary Public, State of F~''
My commission expires:
2
MORTGAGEE CONSENT TO EASEMENT
The undersigned, as the holder of a mortgage lien on the herein described property, does
hereby consent to the terms of this Easement.
Dated this '~Vt'Xday o~f~2~'~2.
WtSness
Printed Name of Witness
Print Name of Witness
UNION PLANTERS BANK, N.A.
By: "~ ~"~_~ ~ ~
Title: ~ nB~- if'Cdc ~C~I~.;x-,-~'
2800 Ponce de Leon Boulevard
Coral Gables, Florida 33134
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an officer.duly,authorized, d, in the State
.,and County a~gresaid to take acknowledgments appeared /-~,
~ fi./.~" IJ ~. ~ % of Union Planters Bank, N.A. who acknowledged before me that s/hr'
executed the same on behalf of Union Planters Bank, N.A., who produced his/her driver's license
as identification, and who did not take an oath.
Witness my hand and official seal this ") .day q~h:m~'2002. .--.
Notary Public, ~tate'ofFlorida ,f - '
My Commission Expires:
Printed Name of Notary
3
KAREN D. RUNDQUIST
Notary Public, State of Florida
My comm. exp. Feb. 23, 2003
Comm. No. CC809411
full
/ F
~1 I~ H
FOUNTAINS AT DEFRAY BEACH ~.~ ~ /~, ' ,v
PLAT BOOK 8q AT PAGES 37/3B %
~c~
~OUT~ BOUNDARY TRACT '~' -
TRACT
,,,,E, SKETCH AND DESCRIPTION
WATER LINE EASEMENT
CLIENT*
FOUNTAINS CENTER
THE UH~RSIGNED SURVEYOR H~.S NQT I~EEN
A CURRENT TITLE OPINION ~ ABSTRACT ~
AFFECTING TITLE OR 8OUNDARY TO THC SUB.,tECT
PROPERTY IT I$ POSSIBLE rHAT THERE ARE 0EE0S
NOT VALID ~ITIIOUT rtiC $1JUR£ AND
s~vc ~OR ~D
~ RECTO, u.4rEcoRoED DEEDS. EASEJq~:NTS OR OTHER DOQa,~4~.D p ~O, P~
INSTRUNENTS THAT COULD Arr~CT IHE 8~NOARI~S FL~IDA REG
ConsuLting Engineers, PLanners,Surveyors ! ~AW~ O P,P
FIEL0~ /
6100 Boutevord oF Chompions I rlEcl
North L~uderdcle, Florid6 33068 I ~te,, o3-ot-oz
(9~4~ 9,6~-5190 FAX (,954) 969-9680~~r~ 'aC--
GENERAL NOTES:
t THE UNDERSIGNED SURVEYOR NAS NOT 9£EN PROV~O~O A CURRENt rllLl~
OPWlON OR ~TRaCT OF' MArlERS AFFC¢[ING TIlL( OR ~OUNOARY TO TH~
U~ECOR~O OEEOS, ~EU(NrS OR OIHER I~[RUMENFS
THIS ~ 5U~Y IS ~O U~N T~ L[~ DE~R~TI~S FURNISHED
mEROr
~ O ~NUZZ~ ~ ~ES ~ RESETS THE R~r TO
E~S[O ~0 SU~ S~.
J
4
9'
LEGAL DESCRIPTION: 12 FOOT WATERLINE EASEMENT
A PORITION OF TRACT "A" OF FOUNTAINS OF DELRAY BEACH ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 8.3 AT PACES ..37/38 OF THE PUBLIC RECORDS
OF PALM B£ACH COUNTY, FLORIDA, BEING DESCRIBE0 AS FOLLOWS
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT "A" AND RUN NOl'25'51"W
ALONG THE EAST BOUNDARY OF SAID TRACT "A" AND BEING THE WEST RIGHT OF WAY
FOR MILITARY TRAIL (S.R. 809) 15884 FEET. TO THE POINT OF BEGINNING
FROM SAIO POINT OF BEGINNING RUN N43'47'35"W 17,81 FEET, THENCE RUN NOl'25'Sl"W
11238 FEET, THENCE RUN N88'07'57"E 1200 FEET, THENCE RUN 501'25'51"E 12563 FEET
TO THE POINT OF BEGINNING.
SKETCH AND DESCRIPTION
WATER LINE EASEMENT
FOUNTAINS CENTER
TH~ UND~'RSIGNED SURVEYOR HAS NOT BEEN PROVIDED
a CURRENt TITLE ~PINION OR A~S~RAC~ OF
PROPERTY IT IS POSSIBLE THAT T~R[ ARE
~ RECTO, ~RECORDED DEEDS, CASCNCNTS ~
6100 Boutevard oF Champions I ~[',
NoP~h Laudemdate, Fto~ida 33068
LB ND, 0003444 ~ scA[
NOT VALID ~JITHOUT THE SlGa~,Tdi~C M0 THE
ORIGINAL RA1S£D $E~ ~ ~fL~lOa LICENSED
S~vCY~ ANO H~PC~'
OA~ ~rEELS ~YCY .............
E0007-~--~
03-o L :o~_ I
N0~TH ~0UNDA~Y TRA~T '~* _~
~ROPDSE0 I~" ~AT[RLtN[ EASEMENT
I ~ S88'3~'53"v ,~* 0L'
~. ~ ~ zl I' 5550'
~'- ~ ~l / 5550'
~'~ .I
S88'34'09"~ I01 $ '
,,,LE, SKETCH AND DESCRIPTION
WATER LINE EASEMENT
El. lINT,
FOUNTAINS CENTER
NOt' VALID VITHOUT THE: $1G~ATURC *,ND rH~
{~qlr,[leX. RAISED SEAL Or A FLORIDA LICENSE0
SU~VLrYOilZ AND MAPPER ..,
.
UNDCR$I~IrD SURVEYOR HAS NOT B~:EN P~VIDED
CURRENT TITLE OPINION OR ABSTRACT ~ NATTERS
Ar~CCTI~ TITLE DR B~D~Y TO THC SUBJECT
RCCORO, UNREC~DCD OE~OS, [ASCENTS OR 0T~Cfl
~NST~NTS THR~ COULO ArrccT THE ~RIES rLOR1OA
6100 BouLevard oF Champions I
~o~ ~.~t~, rto~,~
~.954). 96~-51 O0 FAX (954~
GENERAL NOTES:
~ ~ ~S1~T ~ ~(RS ~F[CTI~ ;ITL[ OR ~UN~ TO
EM~SEO ~0 S~Y~S S~L
7
B:
B
LEGAL DESCRIPTION: 12 FOOT SANITARY SEWERLINE EASEMENT
A PORITION OF TRACT "C" OF FOUNTAINS OF DELRAY BEACH ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 85 AT PAGES .37/38 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIOA, BEING DESCRIBED AS FOLLOWS
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "C" AND RUN NOl'50'35"W
ALONG THE WEST 8OUNOARY OF SAIO TRACT "C" 25.01 FEET TO THE POINT OF BEGINNING
FROM SAID POINT OF BEGINNING RUN NOl'30'53"W 2396 FEET. THENCE RUN NO7'42'28"E
4788 FEET, THENCE RUN NOI'50'34"W 15934 FEET, THENCE RUN N88'2g'26"E 1200 FEET
THENCE RUN S01'30'34"E 16051 FEET, THENCE RUN S07'42'28"W 71.12 FEET. THENCE
RUN SBB'05'55"W 8.28 FEET, TO THE POINT OF BEGINNING.
TIT~£,
SKETCH AND DESCRIPTION
SANITARY SEWER LINE EASEMENT
O.I[NT. ,,
FO U NTAI N S C ENTER ~'~'"'~
SURVCY~
HE ~D/RSIGNED S~VEY~ W S ~T BEEN eeo IaEO
A C~NT TITLE ~[NION OR ABSTRACt ~ HATTERS
Arrccri~ TITLE OR a~ND~Y TO THE SUB.CT
~ RECORD, U~ECOR~D D(EDS, (ASCHCNrS OR OTHE~
Consutting Engineers, Pt.nners,Surveyors I
Gl00 BouLevard oF Champions
m · ~r~ Kcm,s PLAT 800K 83 AT PAGES 37/38
II
N I I .,., ?:%':'
,..,.:.,., / L/."'
S01'~5'$1"C ~ ~' ~
t ~ ~r ~ - - ~ -
F
-t
1>
~]
-t
TITI.£,
SKETCH AND DESCRIPTION
WATER LINE EASEMENT
M:}T VALID VITHI~JT THC SIGN. dM'U~£ AND THC
FOUNTAINS CENTER
f~ UNKRSI~ED SURVEYOR HAS ~T BEEN PROVI~D ~~--
A C~RCNT TITLE ~INI~ OR ABSTRACT Or HATTERS
ArrCCll~ TITLE OR B~OARY TO l~ SUBJECT
~ ~CC~D, ~CCOR~D KEDS, CASC~NTS OR OTHER
INST~NTS THAT C~D ~FCCT T~ B~NOAM[CS rL~IDA
,
Consulting Engineers, PLanners,Surveyors !aA~NBY,
6100 Boulevard oF Champions I rIEL ~ I
~, 03 01 O~
No~th Lauderdate, Florida 33068 I ~m ~ I
LB NO, 0003444
GENERAL NOTES:
2 T~S ~UN~ ~Y IS ~SEO U~ ~H( L[~ ~SCRIPT~NS FURNISHEO
4' ~ O O[NUZZ~ & ASSAILS. I~ ~(SE~S THE ~HT ~0
S~R(S ~( ~t L~TEO fOR THE ~R~E ~ T~S S~Y
6' S~ES OF INFOR~T~N USEO IN PREP~N Or THIS SU~
~U~SSEO ~0 SU~ S~
9: ~I~S ~E ~EO ~ TH( SOUTH ~N~ OF t~T
1~ THIS SURVEY C~LI[S V[TH THE ~ININUN TEC~ICAL ST~DARDS
LEGAL DESCRIPTION: 12 FOOT WATERLINE EASEMENT
A PORITION OF TRACT "C" OF FOUNTAINS OF DELRAY BEACH ACCORDING TO THE PLAT
THEREOF AS RECOROEO IN PLAT BOOK 83 AT PAGES 37/58 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, BEING OESCRIBED AS FOLLOWS
COMMENCE AT THE NORTHEAST CORNER OF SAIO TRACT "C' AND RUN SOl'25'51"E
ALONG THE EAST BOUNDARY OF SAID TRACT "C" AND BEING THE WEST RIGHT OF WAY
FOR MILITARY TRAIL (S.R. 809) 17,87 FEET, TO THE POINT OF BEGINNING
FROM SAID POINT OF BEGINNING RUN S88"32'55"W 266.08 FEET, THENCE RUN NO l'25'51"W
2.60 FEET, THENCE RUN 589'30'33~W 13.71 FEET, THENCE RUN 501'25'51"E 12.00 FEET
THENCE RUN NBg'30'33"E 7.71 FEET, THENCE RUN SOl'25'51"E 198.¢7 FEET, THENCE
RUN S45'00'00"E 33.1.~ FEET, THENCE RUN N88'34'09"E 657 FEET. THENCE RUN
SOI'25'$1"E 1094 FEET. THENCE RUN S45'05'16"W 23.96 FEET, THENCE RUN
NBB'05'35"E 17,59 FEET. THENCE RUN N45'05'IE"E 1625 FEET, THENCE RUN N01'25'51"W
28.10 FEET. THENCE RUN S88'34'og"w 13.43 FEET. THENCE RUN N45'00'00"W 23 lg FEET
THENCE RUN NOl'25'51"W lgo g8 FEET, THENCE RUN NBB'32'5,~"E 26008 FEET. THENCE
RUN NOl'25'51"W 1200 FEET TO THE POINT OF BEGINNING.
TITLE,
O. IENT,
SKETCH AND DESCRIPTION
WA~TER LINE EASEMENT
FOUNTAINS CENTER
TH~ UNKRSIGNED SUA'VEY~ I~S HOT KEN PROVIDED
A C~RENT TITLE OPINI~ OR ABSTR~T ~ HATTCRS
· rr~cT]~ TllLC OR ~Y TO T~ SUB.CT
~ ~C~ ~CC~DEO DEEDS. EAS[~NT$ ~ OTHER ~O P,
ConsuLting Engineers, PLanners,Surveyors I
North Lauderdate, FLorida 33068 I D~TE,,
TRACT 'A'-
FOUNTAINS AT DELRAY REACH
PLAT BOOK 83 AT PAGE~ :37/38
¢1 I
III
TITLE,
SKETCH AND DESCRIPTION
SANITAI~Y SEWER LINE EASEMENT
NGT V~t. IG 'VITHOUT THC SI~T~ kNO TK
AF?CCT[~ TITLE OR B~OARY TO f~ ~UBJCCT
or RECTO. ~RECOROCD KEDS. CA~CHCNTS ~ OTHER i
Consulting Engineers, Ptonners,Surveyors I rleLDm ~l
6100 BouLevard oF Champions
North Lauderdate, Florida 33068 I ~TC,
: LB NO, 0003444 ~ ~[' J'i~2'-I
~_(=.~54) _969-5t00 FAX (954) 969-96Rn j~tt~ ~ 0r a ]
GENERAL NOTES:
TH( UNOERSIGN£D SURVEYO{q HAS NO! BEEN PI~aOED A CURRI£NT TIrL£
~f 1H( Gl. lINT
SOURCES OF tl, ff*ORl~TtOH USED tN PR[p~.qTIOH OF 1HIS SUR~,~¥ N~
2
,5
7
8-
LEGAL DESCRIPTION: ~2 FOOT WATERLINE EASEMENT
A PORITION OF TRACT "C" OF FOUNTAINS OF D£LRAY BEACH ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 83 AT PAGES 37/'38 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIOA, BEING 0ESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT "C" AND RUN SOt'25'51"E
ALONG THE FAST BOUNOARY OF SAID TRACT "C" AND BEING THE WEST RIGHT OF WAY
FOr) MILITARY TRAIL (S.R. 809) 29 87 FEET, THENCE RUN S88'32'55"W 129 O1 FEET
TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOl'25'51"E
84 46 FEET, THENCE RUN N88'54'og"E 5550 FEET, THENCE RUN 501'25'51"E 1200 FEET
THENCE RUN SBB'34'og"w 55.50 FEET, THENCE RUN SOl'25'51"E 12.3 37 FEET, THENCE
RUN S88'34'09"W 101.66 FEET, THENCE RUN N01'25'51"W 1200 FEET, THENCE RUN
N88'54'O9"E 89 66 FEET, THENCE RUN N01'25'51"W 207 82 FEET, THENCE RUN
N88'52'SJ"E 12 O0 FEET TO THE POINT OF BEGINNING.
TITLE,
SKETCH AND DESCRIPTION
WATER LINE EASEMENT
CLIfNT, NOT V~.lO ~ITI4OUI TH[ $IGN~TUI~ AND TI-ti
nrrCCfl~ TITLE ~ 9~eY TO T~ SUB.CT
~ERTY IT IS ~SSl~C T~T T~ A~E DEEDS
~ RCC~Q. ~CCOROEO ~[OS, (ASCENTS ~ OT~R ~O P. ~l. PSH
6100 Boutevard of Champions I FZELD~
No~h Lauderd~te, Fto~id~ 33068 I ~T[, , o3:ot-o~ I
L9 NB. 0003444 ~ scsi, ~" ~ _~
RECEIVED
[ITY OF DELRI:IY BEI:I[H
~V 1- 2002~
CITy MANAGER
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE - DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 . FACSIMILE 561/278o4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
October 24, 2002
David Harden, City Manager
Susan A. Ruby, City Attorney
Construction Grant Aqreement
Writer's Direct Line: 561/243-709t
I have no problem with the State's interpretation,
agreement with the Library that we can look to.
SAR:ci~~
Attachment
as we have a separate
PROIECT NUMBER: 03-PLC- 10
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
PUBLIC LIBRARY CONSTRUCTION
GRANT AGREEMENT
This AGREEMENT, executed and entered into
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
Referred to as the DIVISION, and the City of Delray Beach, hereinafter referred to as the GRANTEE.
the PROJECT:
Delray Beach Pubhc Library
the GRANT AMOUNT: Five hundred thousand dollars ($500,000)
Unless there as a change of address, any notice required by this agreement shall be delivered to the Division of L~brary
and Information Services, 500 South Bmnough Street, Tallahassee, Florida 32399-0250, for the State, and to the
Dekay Beach Pubhc L~brary, 29 SE Fourth Ave., Dekay Beach, FL, 33483-4573, for the GRANTEE. In the event of
a change of address, it is the obligation of the moving party to notufy the other party/n writing of the change of address.
The DMSION, as admmastrator of state funds provxded under Section 257.191, Florida Statutes, has approved an
applicaUon for public hbrary constmctton funds submitted by the GRANTEE, wlnch application is by reference hereto
made a part oft[ns agreement. The GKANTEE, acUng under the authority vested in it for the establishment and
maintenance of a free public hbrary, has applied for constmclaon funds. The DMSION and the GRANTEE are
willing to cooperate for the implementatton of a public library construction project.
Thc parties hereto agree as follows:
I. The GRANTEE agrees:
A. To provide sufficient, ehgible and unencumbered funds to be used for public hbrary construction.
To provide an approved site and building plans and specificauons prepared by a hcensed architect.
Submit the final drawings and specifications to the DIVISION for review prior to the award of a
construction contract. Award a construction contract within 540 days from the date of the grant award.
To provide and maintain competent and adequate engmeenng or architectural supermsmn and
inspection at the construction site to ensure that the completed work conforms vath the approved plans
and specificaUons and will furnish progress reports and such other mfomtaon as may be required by
the DMSION.
To expend all grant funds received under this agreement solely for the purposes for which they were
authorized and appropriated. Expenditures from grant funds shall not be made for general operating
expenses such as salaries, travel, personnel, or office supphes. Grant funds will not be used for
lobbying the Legislature, the judicial branch or any state agency.
To submit changes in the construction contract to the DIVISION for approval if they:
1. alter the approved building floor space or space relationships;
2. alter the approved function or sermces of any part of a facility;
3. change the location, raze, or quantity of any approved fixed equipment;
Page I of 5
Revised 06/14/02
Lo
3. change the locaUon, size, or quantity of any approved fixed equipment;
4. transfer funds from the approved equipment budget to the cons~a'uctaon budget, or vice versa;
5. affect design hfe safety features of the facility or requirements for elimination of archatectural
barriers for the handicapped.
To include m the construction contract prowsions for a Performance and Payment Bond and other
financml assurances as to the contractor's ability to comply with said contract prowslons, pursuant to
Sectton 255.05, Florida Statutes.
To establish and maintain a proper accounting system m accordance vath generally accepted accounting
principles.
To provide the DIVISION, through any authorized representaUve, access to the site and access to and
the nght to examine all records, books, papers, or other documents related to the PROJECT.
To notify the DMSION of the date and time of final inspection in order to afford DMSION
parucipation in such inspectmn for purpose of concurring in the final acceptance of the building.
To provide, wathout discnmmauon, free use of the library serwces to all residents of the area served.
That it will not discriminate against any employee employed in the performance of this agreement, or
against any applicant for employment because of race, creed, color, handicap, national origin, or sex.
The GRANTEE shall insert a similar provision m all subcontracts for services by this agreement.
To comply with the Executive Order 11988, Flood Plain Management.
To comply with the provisions of Section 257.191, Florida Statutes, and the regulations umplementing
the law, including Sections 553.501-553.513, Florida Statutes, relating to accessibility by persons vath
disabflittes, and the Amencans with Disabthttes Act of 1990.
To the use of the budding exclusively for the public library purposes for which constructed or altered.
A change in its use must be approved by the DIVISION.
In the event that the GRANTEE expends a total mount of State awards (i.e., State financial assistance
provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal
year of such GRANTEE, the GRANTEE must have a State single or proJect-specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; apphcable roles of the Executive Office
of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In
detenmning the State awards expended in its fiscal year, the GRA~EE shall consider all sources of
State awards, including State funds received from the DMSION, except that State awards received by
a nonstate entity for Federal program matching requiring shall be excluded from consideration.
In connection with the audit reqmrements addressed in the paragraph above, the GRANTEE shall
ensure that the audit complies wxth the requirements of Sectuon 215.97(7), Florida Statutes. This
includes subrmssion of a reporting package as defined by Section 215.97(7)(0, Florida Statutes, and
Chapter 10.600, Rules of the Auditor General.
If the GRANTEE expends less than $300,000 in State awards in its fiscal year, an audit conducted in
accordance with the provismns of Section 215.97, Florida Statutes, is not required. In the event that the
GRANTEE expends less than $300,000 in State awards m its fiscal year and elects to have an audit
conducted m accordance with the provisions of Section 215.97, Florzda Statutes, the cost of the audit
must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds
obtained from other than State enUt~es).
Page 2 of 5
Revised 06/13/02
II. The DIVISION agrees to:
Ao
Provide funds, in accordance w/th the terms of finis agreement and to the extent that the appropriatton
for this project is released to the DMSION for the PROJECT. Should the GRANTEE fail to expend
the amount of local funds certified tn the apphcation, the DMSION w~ll match the local funds on a
dollar for dollar basxs to a maximum of the grant award.
Make payments according to the schedule contained in the L~brary Construction Guidelines and
Application packet, subject to any special condiuons stipulated by the Office of the Comptroller, State
of Florida.
C. Conduct a periodic check of the PROJECT, including participation in the final inspection, when
feasible.
1II. The GRANTEE and the DMSION mutually agree that:
Ao
This instrument embodies the whole agreement of the parties. There are no provisions, terms,
conditions, or obligations other than those contained herein; and this agreement shall supersede all
previous commumcalaon, representation, or agreement, either verbal or written between the parties. No
amendment shall be effective unless reduced in writing and signed by the parties.
The agreement is executed and entered into in the State of Florida, and shall be construed, performed,
and enforced tn all respects m accordance wath the laws and roles of the State of Florida. Each party
shall perform its obligattons hereunder in accordance wath the terms and conditions of this agreement.
C. If any term or provmion of the agreement is found to be illegal and unenforceable, the remainder of the
agreement shall remain aa full force and effect and such term of provision shall be deemed stricken.
Do
The DMSION shall demand the return of monies delivered and withhold subsequent payments if violations
occur which disqualify the project from the grant under w~ch they were provided, if moines were
improperly expended or managed or if records of proper expenditure are not prepared, preserved or
surrendered as reqmred by this agreement.
go
No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default
by either party under tim agreement, shall impair any such right, power or remedy of either party; nor shall
such delay or omission be construed as a waiver of any such breach or default, or any similar breach or
default.
F°
This agreement shall be terminated by the DMSION because of failure of the GRANTEE to fulfill its
obligataons under this agreement in a timely and satisfactory manner unless the GRANTEE demonstrates
good cause as to why tt cannot fulfill its obligattons. Satisfaction of obligations by the GRANTEE shall be
determined by the DIVISION based on the terms and conditions unposed on the GRANTEE in tins
agreement and compliance with the program gmdelines. The DIVISION shall provide the GRANTEE a
written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is
not cured by the GRANTEE within the stated period, the DMSION shall terminate ttus agreement, maless
the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescn~oed time
period. For purposes of this agreement, "good cause" ~s defined as circumstances beyond the GRANTEE'S
control. In the event of termination of tim agreement, the GRANTEE will be compensated for any work
satisfactorily co~npleted prior to the notfficalaon of termination.
The DMSION shall cancel ttus Agreement m the event that the GRANTEE refuses to allow public access
to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or
recexved by the GRANTEE.
Page 3 of 5
Revised 06/13/02
The State of Florida's performance and obligatton to pay under this agreement ~s contingent upon an annual
appropriauon by the legislature. In the event that the state funds on which this agreement is dependent are
anthdrawn, this agreement is terminated and the state has no further liability to the GRANTEE, beyond that
akeady recurred by the ternunalaon date. In the event of a state revenue shortfall, the grant anll be reduced
in accordance v~th Secnon 257 195, Florida Statutes.
Bills for fees and servaces must be maintamed in detail sufficient for a proper preaudit and postaudit thereof.
Unless authorized by law and agreed to in writing by the DMSION, the DMSION shall not be liable to
pay attorney fees, interest or the cost of collection.
The DMSION shall not assume any hability for the acts, omissions to act or negligence of the GRANTEE,
its agents, servants or employees; nor shall the GRANTEE exclude habflity for its own acts, omissions to act
or negligence to the DMSION In addmon, the GRANTEE hereby agrees to be responsible for any injury
or property damage resulting from any acUviUes conducted by the GRANTEE.
The GRANTEE, other than a GRANTEE which IS the State or agency or subchvision of the State, agrees to
mdemmfy and hold the DIVISION harmless from and against any and aH claims or demands for damages of
any nature, including but not linnted to personal tnjury, death, or damage to property, arising out of any
acttvittes performed under this agreement and shall tnvest~gate all claims at its own expense.
The GRANTEE shah be responsible for aH work performed and all expenses tncurred in conneclaon
wtth the ProJect. The GRANTEE may subcontract as necessary to perform the services set forth m this
agreement, including entering into subcontracts wath vendors for services and commodities,
PROVIDED THAT such subcontract has been approved by the DIVISION prior to its executaon, and
PROVIDED THAT it ~s understood by the GRANTEE that the DMSION shall not be liable to the
subcontractor for any expenses or habflittes recurred under the subcontract and that the GKANTEE
shah be solely liable to the Subcontractor for all expenses and liabilities recurred under the subcontract.
Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity,
or increases the limits of~ts hability, upon entering mm a contractual relationship.
The GRANTEE, its officers, agents and employees, in performance of tins agreement shah act in the
capacity of an independent contractor and not as an officer, employee or agent of the DMSION.
GRANTEE is not entitled to accrue any benefits of state employment, including rettrement benefits and
any other fights or privileges connected with employment m the State Career Sermce. GRANTEE
agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE wtll
be deemed to be an independent contractor and wall not be considered or pernntted to be an agent,
servant, joint venturer, or partner of the DIVISION.
P. The GRANTEE shall not assign, subliceuse or otherwise transfer its rights, dutaes, or obligations
under this agreement without prior written consent of the DIVISION, which consent shall not be
unreasonably withheld. The agreement transferee must demonstrate compliance with the
reqmrements of the program. If the DMSION approves a transfer of the GRANTEE'S obhgat~ons,
the GRANTEE remains responsible for all work performed and all expenses recurred in connecUon
with the agreement. In the event the Legislature transfers the rights, duttes, and obhgat~ons of the
DIVISION to another government entity pursuant to sectmn 20.06, Florzda Statutes, or otherwuse,
the rights, dunes, and obligauons under this agreement shall also be transferred to the successor
government entity as flit were an original party to the agreement.
Q. Tins agreement shall brad the successors, assigns and legal representatives of the GRANTEE and of
any legal entity that succeeds to the obhgatton of the DMSION.
R. The term of this agreement will commence on the date of execulaon of the agreement.
Page 4 of 5
Rewsed 06/13/02
THE GRANTEE THE DMSION
Signature of Authorized Official
Barratt Wilkins, Director
Division of L~brary and Information Services
Department of State, State of Florida
Typed Name and Title of Authorized Official
Wimess
Witness
Witness
Witness
Revised 6/13/02
Page 5 of 5
rlTY OF IIELmlY B~ Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Administrator ~~
November 13, 2002
2002-2003 Community Development Block Grant Subrecipient Funding
Agreements: Alpha-Time Children's Center, Community Child Care Center,
Community Neighborhood Helping, Fair Housing Center of the Greater Palm
Beaches, Inc., MAD DADS d/b/a Village Foundation, Palm Beach County
Resource Center, and Urban League of Palm Beach County
ITEM BEFORE THE COMMISSION:
This is to request approval to execute the agreements for the funding of the above listed
subrecipients under the 2002-2003 Community Development Block Grant (CDBG)
Program.
BACKGROUND:
In accordance with 24 CFR 570.301, a Public Hearing was held before the City
Commission on August 7, 2002, to obtain public comment on the proposed budget for the
approval of the Community Development Block Grant Consolidated Action Plan for
fiscal year 2002-2003. The Action Plan contains appropriations for the agencies as listed
above and was approved by the Commission.
CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the
disbursement of funds to subrecipient organizations, specifying the work to be performed
and reporting requirements, among other requirements and governing provisions. These
agreements have been developed in accordance with the stated regulations and have been
reviewed and approved by the City Attorney for legal sufficiency and form.
RECOMMENDATION:
Staff recommends approval and execution of the attached seven (7) agreements in order
that funding may proceed in accordance with the Commission approved Action Plan for
fiscal year 2002-2003.
It~-~°t to~-55q- qq,lq
lt~-[q~¢- sst/- 83, o~ ~bc, ~h,~o~r~ Ct,,4~,- 15,0o0
116- I%~,- 55t/- ~Z, o9 ,ti,t~h,~ ~mt ,, IO, ooo
liOn/goo-
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and ALPHA-TIME CHILDREN'S CENTER
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and ALPHA-TIME
CHILDREN'S CENTER, hereinafter referred to as "the CONTRACTOR," having its principal
office at 770 Southwest 12th Terrace, Delray Beach, Florida 33444.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Ten Thousand
Dollars and 00/100 ($10,000.00).
3.2
The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments (11 payments in equal amounts of $833.33 and I payment in the amount of
$833.37). Bills shall be submitted by the CONTRACTOR at least two weeks in advance.
3.3
Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
the following documentation no later than the first working day of each month covered
by this Agreement, in a format prescribed by the CITY:
a. Monthly attendance and enrollment roster that identifies the number of enrollees
(including race/ethnicity) and levels of family income;
b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a
completed Direct Benefit Activity form (monthly);
c. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
2
ARTICLE V
SUSPENSION AND TERMINATION
5.1
Termination/Suspension of Payments/Aqreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.:3
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
3
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Requlations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2
Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
4
9.3
9.4
9.5
9.6
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitorin.q: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
5
9.7
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
bo
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
do
The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
6
9.8
9.9
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the properly as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
7
9.10
9.11
9.12
9.13
9.14
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. Any funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Reneqotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
8
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
ALPHA-TIME CHILDREN'S CENTER
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
200_, by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Attorney
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of Alpha-Time Children's Center under this Agreement will be providing day
care and related services to eligible children. At least 51% of the beneficiaries of a project
funded under this Agreement must be Iow- and moderate-income persons (as determined
annually by HUD for the area). CDBG funds will be used to fund a portion of the salary of one
part-time (20 hours per week) teacher's position. The part-time teacher's position will be
provided at Alpha-Time's main day care center at 770 Southwest 12th Terrace.
The major tasks which Alpha-Time Children's Center will perform in connection with the
provision of the eligible day care services include, but are not limited to, the following:
a. Maintain facility at all times in conformance with all applicable codes, licensing, and
other requirements for the operation of a day care center. The facility must also be
handicapped accessible, and organized into separate areas appropriate for each of the
age groupings being served (toddler - 12 months to 24 months, 2 years, 3 years, and 4-
5 years).
b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of
the beneficiaries of subsidized day care must be Iow and moderate-income persons (as
determined annually by HUD for the area).
c. Offer day care services from 7:00 a.m. to 5:30 p.m. Monday through Friday to eligible
families.
d. Ensure that the numbers, background and qualifications of the Alpha-Time Center's
staff providing the on-site date care and any related services at all times are appropriate
for the enrolled child population at the center and meet at least the minimum standards
established by the pertinent licensing bodies.
e. As part of the day care services, provide a range of structured social, educational, and
cultural enrichment activities appropriate to the age groups being served.
f. Maintain program and financial records documenting the eligibility, attendance, provision
of services, and Alpha-Time's expenses relative to the children receiving day care
services as a result of assistance provided through the CDBG program.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bonding
Communication
Compensation, personnel services
Contingency provisions
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment ~/**
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Materials, supplies
Memberships, subscriptions, professional activity
Organization costs ~/**
Overtime, shift premiums ~/**
Page charges in professional journals (research)
Participant support costs ~/**
Patent costs
Pension plans
Plant security
Pre-award costs ~/**
Professional services
Profits, losses on asset disposition ~/*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration ~/**
Reconversion costs
Recruiting
Relocation ~/*
Rental
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~/
Severance pay ~/
Specialized service facilities ~/
Taxes ~/
Termination-related costs ~/
Training, education ~/
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
"Company Name"
does not own any vehicles.
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY CHILD
CARE CENTER OF DELRAY BEACH, INC., hereinafter referred to as "the CONTRACTOR,"
having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734.
WlTNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Twenty-two
Thousand Dollars and 00/100 ($22,000.00).
3.2
The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments (11 payments in equal amounts of $1,833.33 and 1 payment in the amount of
$1,833.37). Bills shall be submitted by the CONTRACTOR at least two weeks in
advance.
3.3
Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
the following documentation no later than the first working day of each month covered
by this Agreement, in a format prescribed by the CITY:
a. Monthly attendance and enrollment roster that identifies the number of enrollees
(including race/ethnicity) and levels of family income;
b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a
completed Direct Benefit Activity form (monthly);
c. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
2
5.1
5.2
5.3
6.1
6.2
6.3
ARTICLE V
SUSPENSION AND TERMINATION
Termination/Suspension of Payments/Aqreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
Termination for Convenience of City; The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, t he CONTRACTOR m ay, a t its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs that a re in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant t o t he terms o f t his agreement a nd applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Requlations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act o f 1 964, a s amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
9.2
9.3
9.4
9.5
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covedng each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR s hall maintain a II records i n accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
5
9.6
9.7
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
ao
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or H UD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
6
9.8
9.9
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, cio the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
7
9.10
9.11
9.12
9.13
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on h and, a ny accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. A ny funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Renegotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
8
9.14
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
COMMUNITY CHILD CARE CENTER OF
DELRAY BEACH, INC.
Print
By:
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __
200_, by , who is personally known to me.
day of
Personally Known
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
City Attorney
NOTARY PUBLIC
Sign
Print
OR Produced Identification
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Community Child Care Center of Delray Beach, Inc. under this
Agreement will be providing day care and related services to eligible children. At least 51% of
the beneficiaries of a project funded under this Agreement must be Iow- and moderate-income
persons (as determined annually by HUD for the area). CDBG funds will be used to fund a
portion of the salary of the full-time administrator's (Assistant Director) position (40 hours per
week). The full-time administrator's position will be provided at the Child Care Center's main
facility located at 555 N.W. 4th Avenue.
The major tasks which the Community Child Care Center will perform in connection with the
provision of the eligible day care and after-school services include, but are not limited to, the
following:
a. Maintain facility at all times in conformance with all applicable codes, licensing, and
other requirements for the operation of a day care center. The facility must also be
handicapped accessible, and the day care services must be organized into separate
areas appropriate for each of the age groupings being served (toddler - 12 months to 3
years, pre-school - 3 to 4 years, pre-kindergarten - 4 to 5 years and after-school/out-of
school care -- 5 years to 14 years).
b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of
the beneficiaries of subsidized day care must be Iow and moderate-income persons (as
determined annually by HUD for the area).
c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-
school/out-of-school services from public school closing time to 7:00 p.m. and Saturdays
7:30 a.m. to 4:30 p.m. to eligible families.
d. Ensure that the numbers, background, and qualifications of the Community Child Care
Center's staff providing the on-site day care and any related services at all times are
appropriate for the enrolled child population at the center and meet at least the minimum
standards established by the pertinent licensing bodies.
e. As part of the day care services, provide a range of structured social, educational, and
cultural enrichment activities appropriate to the age groups being served.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bonding
Communication
Compensation, personnel services
Contingency provisions
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment ~/**
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Materials, supplies
Memberships, subscriptions, professional activity
Organization costs ~/**
Overtime, shift premiums ~/**
Page charges in professional journals (research)
Participant support costs ~/**
Patent costs
Pension plans
Plant security
Pre-award costs ~/**
Professional services
Profits, losses on asset disposition ~/*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration
Reconversion costs
Recruiting
Relocation ~/*
Rental
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~/
Severance pay ~/
Specialized service facilities ~/
Taxes ~J
Termination-related costs ~/
Training, education ~/
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise d~rectly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CiTY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and COMMUNITY NEIGHBORHOOD HELPING
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY
NEIGHBORHOOD HELPING, hereinafter referred to as "the CONTRACTOR," having its
principal office at 3106 Cormorant Road, Delray Beach, Florida 33444.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Three
Thousand Six Hundred Fifty Dollars and 00/100 dollars ($3,650.00).
3.2
The CITY will be billed by the CONTRACTOR on a reimbursement basis for allowable
costs as outlined in Attachment "B". Bills shall be submitted by the CONTRACTOR at
least two weeks in advance.
3.3
Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall
submit the following documentation, in a format prescribed by the CITY:
a. Attendance roster and Direct Benefit Activity (form) for each outreach/project
undertaken to satisfy the provisions of this Agreement
b. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1,2002, to September 30, 2003.
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5.1
5.2
5.3
6.1
6.2
6.3
ARTICLE V
SUSPENSION AND TERMINATION
Termination/Suspension of Payments/Aqreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, t he CONTRACTOR m ay, a tits option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs t hat a re in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant t o t he terms o f t his agreement a nd applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act o f 1 964, a s amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
9.2
9.3
9.4
9.5
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR s hall maintain a II records i n accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions o f t he uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
5
9.6
9.7
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1966, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic oppodunities generated by HUD assistance or H UD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
bo
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
Co
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
6
9.8
9.9
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
7
9.10
9.11
9.12
9.13
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. A ny funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Renegotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Ri.qht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
8
9.14
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
COMMUNITY NEIGHBORHOOD HELPING
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __
200_, by , who is personally known to me.
day of
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of Community Neighborhood Helping under this Agreement will be to provide
community outreach services to residents of Delray Beach, including school-age children and
senior citizens. At least 51% of the beneficiaries of a project funded under this Agreement
must be Iow- and moderate- income persons (as determined annually by HUD for the area).
Community Neighborhood Helping will provide a minimum of two community outreach
services/projects, including, but not limited to, literacy counseling, tutoring, teen pregnancy
counseling, elderly care, and food distribution. In support of these activities, CDBG funds will
be used to offset costs for goods and services required for administration of the program. All
costs reimbursed by the City under this Agreement must be pre-approved by the Community
Improvement Director or C.D. Administrator and must be listed as an allowable cost under OMB
A-122 (Attachment "B").
Also, Community Neighborhood Helping must notify the C.D. Division of each outreach/project
held to satisfy the provisions of this Agreement. Notification should include date, location, and
the submittal of any supporting advertising or marketing documentation. All outreach
services/projects will be open to elderly residents, free of charge.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bonding
Communication
Compensation, personnel services
Contingency provisions
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment ~/**
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Materials, supplies
Memberships, subscriptions, professional activity
Organization costs ~/**
Overtime, shift premiums ~/**
Page charges in professional journals (research)
Participant support costs ~**
Patent costs
Pension plans
Plant security
Pre-award costs ~/**
Professional services
Profits, losses on asset disposition ~/*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration ~/**
Reconversion costs
Recruiting
Relocation ~/*
Rental
* Allowable underlimited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~/
Severance pay ~/
Specialized service facilities ~/
Taxes ~/
Termination-related costs ~/
Training, education ~/
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
"Company Name"
does not own any vehicles.
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER
OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR,"
having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE Ill
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Two Thousand
Dollars and 00/100 ($2,000.00).
3.2
The CITY will be billed by the CONTRACTOR and will disburse $500.00 per
seminar/session. Bills shall be submitted by the CONTRACTOR at least two weeks in
advance.
3.3
Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
for each seminar/session conducted, the following documentation:
a. An agenda displaying the date, time, and location of the session/seminar conducted
(the CD Division must have been notified in advance of the same, as required in the
Scope of Service, item (b);
b. A list of invitees/attendees for each session/seminar;
c. A request for funds/invoice (using Attachment "D" of this Agreement);
d. Proof that each seminar/session was adequately advertised and marketed to
residents of Delray Beach, in an effort to ensure maximum participation and
effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and
a narrative of other efforts made (activity report);
e. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
ARTICLE V
SUSPENSION AND TERMINATION
5.1
Termination/Suspension of Payments/Agreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Re.qulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
9.2
9.3
9.4
9.5
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
l 10, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
5
9.6
9.7
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbying Prohibition: The CONTRACTOR shall cedify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
6
9.8
9.9
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, cio the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
7
9.10
9.11
9.12
9.13
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. Any funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Rene.qotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Ri.qht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
8
9.14
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
FAIR HOUSING CENTER OF THE GREATER
PALM BEACHES, INC.
Print
Print
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~
200_, by , who is personally known to me.
day of
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under
this Agreement will be to provide a minimum of four (4) Housing Industry Provider /
Community Education Sessions for residents of Delray Beach, including school-age
children and community organizations, upon the following terms and conditions:
a. All four (4) seminars and sessions will be accomplished during the effective date
of the contract period (October 1,2002 through September 30, 2003).
Each seminar or session will be conducted following notification of the CD
Division regarding date, location and the submittal of supporting documentation
(i.e. flyers, marketing tools, advertising efforts, etc.).
Each seminar/session must be adequately marketed to residents of Delray
Beach, in an effort to ensure maximum participation and effectiveness (copies to
be submitted to CD Division prior to seminadsession).
Reimbursement of expenses will be provided upon completion of each
seminar/session, at the predetermined amount of $500.00 per seminar/session,
with the total maximum reimbursement not exceeding $2,000 (for the four
seminars/sessions).
e. All seminars/sessions will be open to participants, free of charge
f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide:
Community Education Sessions for civic organizations, community based
agencies, social service providers and/or schools within the municipal
boundaries of the City of Delray Beach. These sessions shall be designated
to educate the public and protected classes to identify incidents of
discrimination in housing and to gain an understanding of the means to find
remedies, to seek redress and relief. Sessions are to be conducted citywide
on an ongoing basis during the program year. A minimum of two (2) sessions
shall be conducted during the period beginning October 1, 2002 and ending
September 30, 2003. One (1) of the sessions will focus on the education of
children about housing discrimination.
Housing Industry Provider Education Seminars for developers, real estate
brokers, property managers, financial institutions, and the media/advertising
industry. The seminars shall provide information on fair housing laws,
Community Reinvestment Act regulations and affirmative marketing
requirements. A minimum of two (2) seminars shall be conducted during the
period beginning October 1, 2002 and ending September 30, 2003.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising ~/
Bad debts ~/
Bonding ~/
Communication ~/
Compensation, personnel services ~
Contingency provisions ~/
Contributions (to others) ~/
Depreciation, use allowance ~/
Donations (from others) *]
Employee morale, health, welfare ~/
Entertainment ~/
Equipment ~**
Fines, penalties ~/
Fringe benefits ~J
Fund raising, interest, investment management ~/
Idle facility, idle capacity ~
Insurance & indemnification ~/
Interest
Labor relations ~/
Lobbying ~J
Losses on other awards ~/
Maintenance, repair ~/
Materials, supplies ~/
Memberships, subscriptions, professional activity ~/
Organization costs ~]**
Overtime, shift premiums ~/**
Page charges in professional journals (research) ~/
Participant support costs ~/**
Patent costs ~
Pension plans ~/
Plant security ~/
Pre-award costs ~/**
Professional services ~/
Profits, losses on asset disposition ~/*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration ~/**
Reconversion costs ~
Recruiting ~/
Relocation ~/*
Rental ~/
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~/
Severance pay '~
Specialized service facilities ~/
Taxes ~
Termination-related costs ~/
Training, education ~
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
"Company Name"
does not own any vehicles.
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and MAD DADS OF GREATER DELRAY BEACH d/b/a VILLAGE FOUNDATION
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and MAD DADS OF GREATER
DELRAY BEACH d/b/a VILLAGE FOUNDATION, hereinafter referred to as "the
CONTRACTOR," having its principal office at 141 S.W. 12th Avenue, Delray Beach, Florida
33444.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Fifty Thousand
Dollars and 00/100 ($50,000.00).
3.2
The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments (11 payments in equal amount of $4,166.66 and I payment in the amount of
$4,166.74). Bills shall be submitted by the CONTRACTOR at least two weeks in
advance.
3.3
Pdor to receipt of CDBG funds (through reimbursement), CONTRACTOR shall
submit the following documentation no later than the first working day of each
covered by this Agreement, in a format prescribed by the CITY:
a. Monthly time sheets reflecting actual time worked (in accomplishing goals) by the
CDBG funded positions and a completed Direct Benefit Activity form (monthly);
b. Activity report identifying progress made, problems encountered and proposed
solutions to the problems;
c. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
2
5.1
5.2
5.3
6.1
6.2
6.3
ARTICLE V
SUSPENSION AND TERMINATION
Termination/Suspension of Payments/Agreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, t he C QNTRACTOR m ay, a t its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs that a re in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant t o t he terms of t his agreement a nd applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1 964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 57'0.604, and
4
9.2
9.3
9.4
9.5
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR s hall maintain a II records i n accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
5
9.6
9.7
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or H UD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
6
9.8
9.9
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, cio the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
7
9.10
9.11
9.12
9.13
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. A ny funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Reneqotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
8
9.14
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
MAD DADS OF GREATER DELRAY BEACH
d/b~ VILLAGE FOUNDATION
Print By:
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
200_, by ., who is personally known to me.
day of
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of MAD DADS under this Agreement will be activities carried out under its
Drug and Crime Free Community Program, which aims to positively impact the lives of CDBG
target area residents of all ages through three comprehensive program components:
Neighborhood Stabilization, Youth Development and Family Strengthening. In support of these
efforts, CDBG funds will be used to fund the partial salaries of two (2) full-time direct service
delivery positions (Neighborhood Coordinator and Site-Coordinator) at forty (40) hours per
week each. Supported activities under this Agreement include, but are not limited to, the
following:
a. Coordinating crime prevention activities through neighborhood/resident associations;
b. Establishing support groups for parents of children identified by the local school system
as economically disadvantaged;
c. Organizing mentors for high-risk youth;
d. Organizing supervised recreation programs with drug prevention components such as
midnight basketball programs, community youth choir, drill teams, etc.;
e. Working with local schools providing dropout prevention programs;
f. Other activities which contribute to the stabilization/revitalization of the CDBG Target
Area which has as its boundaries: 1-95 to the West, Federal Highway to the east, Lake
Ida Road to the north and Linton Boulevard to the south.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bonding
Communication
Compensation, personnel services
Contingency provisions
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment ~/**
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Materials, supplies
Memberships, subscriptions, professional activity
Organization costs ~/**
Overtime, shift premiums ~/**
Page charges in professional journals (research)
Participant support costs ~/**
Patent costs
Pension plans
Plant security
Pre-award costs ~/**
Professional services
Profits, losses on asset disposition
Public information service V***
Publication and printing costs ~/***
Rearrangement, facility alteration ~/**
Reconversion costs
Recruiting
Relocation ~/*
Rental
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~/
Severance pay ~/
Specialized service facilities ~/
Taxes ~/
Termination-related costs ~J
Training, education ~]
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and PALM BEACH COUNTY RESOURCE CENTER, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and PALM BEACH COUNTY
RESOURCE CENTER, INC., hereinafter referred to as "the CONTRACTOR," having its
principal office at 100 2001 Broadway, Suite 301 C, Riviera Beach, Florida 33404.
WlTNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Fifteen
Thousand Dollars and 00/100 ($15, 000.00). If the maximum authorized compensation
set forth in this Agreement has not been expended prior to September 30, 2003, and if
all other terms and requirements of this Agreement have been fulfilled, the Agreement
may be extended until the maximum amount authorized has been attained.
3.2
The CITY will be billed by the CONTRACTOR on a monthly basis. Invoices must be
received by the 5th of each month for payment to be made in the month in which invoice
is submitted.
3.3
Prior to receipt of CDBG funds, CONTRACTOR shall submit the following
documentation no later than the fifth of each month covered by this Agreement, in a
format prescribed by the CITY:
a. Client Activity Summary Sheet
b. CONTRACTOR shall maintain on file information regarding gross income, race,
household size, female head of households and zip codes for each beneficiary
served.
c. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
2
5.1
5.2
5.3
6.1
6.2
6.3
ARTICLE V
SUSPENSION AND TERMINATION
Termination/Suspension of Payments/Aqreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, t he CONTRACTOR m ay, a tits option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs that a re in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant t o t he terms o f t his agreement a nd applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Requlations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act o f 1 964, a s amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
9.2
9.3
9.4
9.5
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitorinq:. The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR s hall maintain a II records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions o f t he uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
5
9.6
9.7
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbyin.q Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or H UD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
bo
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
6
9.8
9.9
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, cio the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
7
9.10
9.11
9.12
9.13
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. A nyfunds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Reneqotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
8
9.14
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
PALM BEACH COUNTY RESOURCE
CENTER, INC.
Print By:
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __
200_, by , who is personally known to me.
day of
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Palm Beach County Resource Center, Inc. under this Agreement shall
be to provide management and technical assistance services to referrals from the City of Delray
Beach. Referrals will be eligible business owners or prospective business owners whose
businesses are located, or will be located, within the established CDBG Target Area of the City
of Delray Beach. At least 51% of the beneficiaries of a project funded under this Agreement
must be Iow- and moderate-income persons (as determined annually by HUD for the area).
Palm Beach County Resource Center, Inc.'s services shall include, but not be limited to,
technical assistance in the following areas:
1. Business Planning - under this service area, clients will be assisted in the preparation
of a business plan for the existing or proposed business. For some clients, the
Resource Center's role may take the form of a mentor - in the instances where the
client has the ability and the desire to compile his/her own business plan. The Resource
Center will also assist in simple incorporations and in the compilation of joint-venture
agreements.
2. Loan/Bonding Packages - pursuant to thorough and prudent determination of a
prospective client's viability as an applicant for one or a combination of commercial
financial products, the Resource Center will compile a package and submit it to an
appropriate financial institution for review. The Resource Center will serve as liaison
between the client and the financial institution throughout the entire process.
3. Matching Firms with Opportunities - The Resource Center will utilize all of its
resources and inventory to match qualified Delray Beach referrals with specific viable
businesses, market and/or capital opportunities. This type of activity will be predicated
upon a thorough investigation of the Delray Beach referral's capacity and skill set(s).
4. Procurement Assistance - the Resource Center will provide assistance in compiling
M/VVBE and 8(a) Certification Packages, Estimating & Construction Take-offs, Bid
Preparation, the issuance of "notices-to-owner", weekly access to a listing of region-
wide bid opportunities for most disciplines.
Financial Pkgs. Approved
Procurement Approved
# of New Clients Assisted
$135,000
$38O,OO0
6
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising ~/
Bad debts ~]
Bonding ~
Communication ~/
Compensation, personnel services ~]
Contingency provisions ~/
Contributions (to others) ~
Depreciation, use allowance ~/
Donations (from others) -~
Employee morale, health, welfare ,]
Entertainment ~
Equipment ~/**
Fines, penalties ~/
Fringe benefits ~/
Fund raising, interest, investment management ~/
Idle facility, idle capacity ~/
Insurance & indemnification ~/
Interest
Labor relations ~/
Lobbying ~/
Losses on other awards ~/
Maintenance, repair ~
Materials, supplies ~/
Memberships, subscriptions, professional activity ~]
Organization costs ~/**
Overtime, shift premiums ~/**
Page charges in professional journals (research) ~/
Participant support costs ~/**
Patent costs ~/
Pension plans ~/
Plant security ~/
Pro-award costs ~/**
Professional services ~/
Profits, losses on asset disposition ~*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration ~/**
Reconversion costs ~/
Recruiting ~/
Relocation ~/*
Rental ~/
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~
Severance pay ,J
Specialized service facilities ~/
Taxes ~J
Termination-related costs ~/
Training, education ~/
Transportation ~/
Travel ~/*
* Allowable underlimited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
"Company Name"
does not own any vehicles.
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and URBAN LEAGUE OF PALM BEACH COUNTY, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF
PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its
principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407.
WlTNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Twelve
Thousand Dollars and 00/100 ($12,000.00).
3.2
The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments in equal amounts of $1,000.00. Bills shall be submitted by the
CONTRACTOR at least two weeks in advance.
3.3
Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
the following documentation no later than the first working day of each month covered
by this Agreement, in a format prescribed by the CITY:
a. Monthly timesheets reflecting actual time worked (in accomplishing goals) by the
CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed
Direct Benefit Activity form (monthly);
b. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
ARTICLE V
SUSPENSION AND TERMINATION
5.1
Termination/Suspension of Payments/A,qreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
2
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
6.3
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs t hat a re in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
3
allowed pursuant to the terms of this agreement a nd applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Re.qulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1 964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2
Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
4
9.3
9.4
9.5
9.6
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR s hall maintain a II records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of t he uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
5
9.7
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or H UD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
do
The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
6
9.8
9.9
The CONTRACTOR will certify that any vacant employment positions, including
training posibons, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
7
9.10
9.11
9.12
9.13
9.14
9.15
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal properly
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. A ny funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Reneqotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
8
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
URBAN LEAGUE OF PALM BEACH COUNTY,
INC.
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
200_, by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
City Clerk
Approved as to form:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Attorney
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be
to administer a Comprehensive Housing Counseling Program for eligible residents of Delray
Beach. At least 51% of the beneficiaries of a project funded under this Agreement must be
Iow- and moderate-income persons (as determined annually by HUD for the area).
The program is designed to enable clients to make informed and reasonable decisions in
achieving their housing goals or to assist in resolving their housing problem by using all
available resources. In support of these efforts, CDBG funds will be used to offset costs
associated with one part-time service delivery position (Delray Beach Satellite Office
Coordinator). Supported services under this Agreement include the following:
a. Mortgage application assistance
b. Pre-mortgage counseling
c. Default mortgage counseling
d. Money management
e. Emergency intervention (including food, energy & shelter assistance)
f. Housing discrimination referrals
g. Section 8 Housing application guidance
h. Reverse mortgage counseling
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising ~
Bad debts ~]
Bonding ~
Communication ~]
Compensation, personnel services ~/
Contingency provisions ~
Contributions (to others) ~/
Depreciation, use allowance ~/
Donations (from others) ~/
Employee morale, health, welfare ~/
Entertainment ~/
Equipment ~/**
Fines, penalties ~/
Fringe benefits ~/
Fund raising, interest, investment management ~/
Idle facility, idle capacity ~/
Insurance & indemnification ~/
Interest
Labor relations ~/
Lobbying ~/
Losses on other awards ~
Maintenance, repair ~
Materials, supplies ~
Memberships, subscriptions, professional activity ~
Organization costs ~/**
Overtime, shift premiums V**
Page charges in professional journals (research) ~/
Participant support costs ~/**
Patent costs ~/
Pension plans ~/
Plant security ~/
Pre-award costs ~/**
Professional services ~/
Profits, losses on asset disposition ~*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration ~/**
Reconversion costs ~]
Recruiting ~
Relocation ~/*
Rental ~/
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights
Severance pay
Specialized service facilities
Taxes
Termination-related costs
Training, education
Transportation
Travel
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxx Consent Agenda
Date: November 13, 2002
)
When: November 19, 2002
Description of item:
Request to approve and execute seven (7) agreements for funding under Fiscal Year
2002-2003 CDBG Grant Program: Alpha-Time Children's Center, Community Child
Care Center, Community Neighborhood Helping, Fair Housing Center of the Greater
Palm Beaches, MAD DADS of Greater Delray Beach d/b/a Village Foundation, Palm
Beach County Resource Center, and Urban League of Palm Beach County Fiscal Year
2001-2002. Funding will be made available from accounts within the CDBG budget.
Total funding is $11.4,650
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the subrecepient agreement for funding.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~NO
Funding Altematives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action · Approved/Disapproved
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Commumty Improvement
Kendra W. Graham, C.D. Administrator ~
November 13, 2002
Amendment to the Community Development Block Grant Subrecipient
Funding Agreements The Center for Technology, Enterprise &
Development, Inc. and Delray Beach Community Development
Corporation, Inc.
ITEM BEFORE THE COMMISSION
This is to request approval of an amendment to funding agreements with the Delray Beach
Community Development Corporation, Inc. (CDC) and The Center for Technology, Enterprise &
Development, Inc. (TED Center).
BACKGROUND
At the Regular Meeting held on November 1, 2002, Commission approved funding agreements
with the Community Development Corporation, Inc. (CDC) and The Center for Technology,
Enterprise & Development, Inc. (TED Center) for $75,000. As a requirement of receiving the
funds, the non-profits agreed to reinvest a minimum of $25,000 in support of a project(s) which
will be created as a direct result of the implementation of the Southwest Neighborhood
Redevelopment Plan. The agreements are being amended to reqmre that the non-profits reinvest
a minimum of $37,500.
RECOMMENDATION
Staff recommends approval of the amendment to the agreements.
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and THE CENTER FOR
TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC., hereinafter referred to as "the
CONTRACTOR," having its principal office at 33 SE 1st Avenue, Suite 102, Delray Beach, FL
33444.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
t. Definitions
1.1 "CDBG' means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB' means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Thirty-seven
Thousand Five Hundred Dollars ($37,500.00).
3.2
The CITY agrees to disburse in full $37,500.00 to the CONTRACTOR within two weeks
of the date of execution and acceptance of this Agreement by the CITY and the
CONTRACTOR.
3.3
Status reports shall be submitted by the CONTRACTOR on a quarterly basis per the
following schedule, in a format prescribed by the CITY:
a. December 31 (for the period 10/1/02-12/31/02)
b. March 31 (for the period 1/1/03-3/31/03)
c. June 30 (for the period 4/1/03-6/30/03)
d. September 30 (for the period 7/1/03-9/30/03).
e. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
ARTICLE V
SUSPENSION AND TERMINATION
5.1
Termination/Suspension of Payments/Agreement for Cause: If through any cause
either party shall fait to fulfill in timely and proper manner its obligations under this
2
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2
The CONTRACTOR shall submit quarterly reports.in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
6.3
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
3
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with alt federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2
Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
4
9.3
9.4
9.5
9.6
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
refleCt all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
LobbyinR Prohibition: The CONTRACTOR shall certify that no. federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
5
9.7
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and aPplicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles sub.~ect to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each Of the positions, and the anticipated date the work shall begin.
do
The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable prOvision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
6
9.8
9.9
so
The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real 'Property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
7
9.10
9.11
9.12
9.13
9.14
9.15
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. Any funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Rene,qotiation or Modificatiot3: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Ri,qht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
Indemnification.: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
8
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES: The Center for Technology, Enterprise &
Development, Inc.
Pdnt
By:
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~
200_, by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
day of
ATTEST:
City Clerk
Mayor
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of The Center for Technology, Enterprise & Development, Inc. under this
Agreement will be job creation. Subsequent to the effective date of this Agreement and no later
than one year after issuance of a certificate of occupancy by the building department for the
second of two commercial buildings constituting the Atlantic Groves mixed used development
project, The Center for Technology, Enterprise & Development, Inc. shall create a minimum of
one job, on a full-time equivalent basis, where at least 51% of the jobs will be held by Iow- and
moderate-income persons. A full-time job shall mean employment for a minimum of 2,080
hours per year and for a wage or salary equal to or better than the minimum wage as
determined by the U.S. Department of Labor. Low- and moderate-income status is based on
the person's income at the time of hire and is not affected by subsequent raises or promotions.
The Center for Technology, Enterprise & Development, inc. will register said job with and
consider applicants referred by the Palm Beach County Workforce Development Board.
The parties to this Agreement recognize that the funds provided through this Agreement are
Federal Community Development Block Grant funds made available by the U. S. Department of
Housing and Urban Development, and that the above job creation requirement pertains to the
use of these funds. If the Center for Technology, Enterprise & Development, Inc. receives
funds from the County or other sources, and such funds have job creation requirements
associated with them, the Center for Technology, Enterprise & Development hereby assure and
warrant to the City that none of the jobs created in compliance with the requirement stated in
this Scope of Service shall duplicate any jobs created or retained in meeting their obligation to
the City in association with the Center for Technology, Enterprise & Development's use of such
other funds.
The Center for Technology, Enterprise & Development, Inc. agrees, as a condition of receiving
funds under this Agreement, to reinvest a minimum of $37,500 into a project(s) which will be
created as a direct result of the implementation of the Southwest Neighborhood Redevelopment
Plan. The Center for Technology, Enterprise & Development, Inc. also agrees that the $37,500
reinvestment will be in the form of a one-time cash payment, or as a quantifiable dollar-for-
dollar direct benefit to Iow- or moderate-income persons and that the Delray Beach City
Commission shall either designate, or have final approval of the designated project(s) selected.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bonding
Communication
, Compensation, personnel services
Contingency provisions
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Mate, rials, supplies
Memberships, subscriptions, professional activity
Organization costs ~/**
Overtime, shift premiums ~/**
Page charges in professional journals (research)
Participant support costs ~/**
Patent costs
Pension plans
Plant security
Pre-award costs ~**
Professional services
Profits, losses on asset disposition ~/*
Public information service ~/***
Publication and printing costs ~/***
Rearrangement, facility alteration
Reconversion costs
Recruiting
Relocation
Rental
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights .~
Severance pay ~/
Specialized service facilities ~/
Taxes ~/
Termination-related costs ,J
Training, education ~/
Transportation ~/
Travel .,J*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
"Company Name"
does not own any vehicles.
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and DELRAY BEACH
COMMUNITY DEVELOPMENT CORPORATION, INC., hereinafter referred to as "the
CONTRACTOR," having its principal office at 400 West Atlantic Avenue, Suite 200, Delray
Beach, FL 33444.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG' means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Thirty-seven
Thousand Five Hundred Dollars ($37,500.00).
3.2
The CITY agrees to disburse in full $37,500.00 to the CONTRACTOR within two weeks
of the date of execution and acceptance of this Agreement by the CITY and the
CONTRACTOR.
3.3
Status reports shall be submitted by the CONTRACTOR on a quarterly basis per the
following schedule, in a format prescribed by the CITY:
a. December 31 (for the period 10/1/02-12/31/03)
b. March 31 (for the period 1/1/03-3/31/03)
c. June 30 (for the period 4/1/03-6/30/03)
d. September 30 (for the period 7/1/03-9/30/03).
e. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2002, to September 30, 2003.
ARTICLE V
SUSPENSION AND TERMINATION
5.1
Termination/Suspension of Payments/Agreement for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
2
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to terminate
this Agreement or suspend payments in whole or in part by giving written notice of such
termination or suspension of payments and specify the effective date of termination or
suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR wilt be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination,
the CONTRACTOR shall be paid for services rendered pursuant to this Agreement
through and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
6.3
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
3
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Requlations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as
amended, and Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended
which requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2
Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
4
9.3
9.4
9.5
9.6
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and MonitorinR: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The CONTRACTOR shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB
A-133. Nonprofit organizations that expend less than $300,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133,
although their records must be available for review. These agencies are required by the
CITY to submit "reduced scope" audits (e.g., financial audits, performance audits).
Each audit shall cover a time period of not more than 12 months and an audit shall be
submitted covering each assisted period until all the assistance received from this
agreement has been reported on. A copy of the audit report must be received by the
CITY no later than six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
l 10, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbyin,q Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
5
9.7
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CiTY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
ao
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
Co
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
do
The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
6
9.8
9.9
eo
The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part t35 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance;, The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets
the requirements outlined in ,Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed
of, at the expiration or termination of this contract, in accordance with instructions from
the CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time
of acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
7
9.10
9.11
9.12
9.13
9.14
9.15
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return
of all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any
overpayments due to unearned funds or costs disallowed pursuant to the terms of this
Agreement that were disbursed to the CONTRACTOR by the CITY. The
CONTRACTOR shall within 30 days of expiration or termination of this Agreement
execute any and all documents as required by the CITY to effectuate the reversion of
assets. Any funds not earned, as described and provided for in OMB A-122, by the
CONTRACTOR prior to the expiration or termination of this Agreement shall be retained
by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Rene.qotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
Disputes.: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
Indemnification: To the extent provided by taw, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
8
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
Delray Beach Community Development
Corporation, Inc.
Print
By:,
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~
200_, by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
day of
ATTEST:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
Mayor
9
ATTACHMENT"~
SCOPE OF SERVICES
The major focus of the Delray Beach Community Development Corporation, Inc. under this
Agreement will be job creation. Subsequent to the effective date of this Agreement and no later
than one year after issuance of a certificate of occupancy by the building department for the
second of two commercial buildings constituting the Atlantic Groves mixed used development
project, the Delray Beach Community Development Corporation, Inc. shall create a minimum of
one job, on a full-time equivalent basis, where at least 51% of the jobs will be held by Iow- and
moderate-income persons. A full-time job shall mean employment for a minimum of 2,080
hours per year and for a wage or salary equal to or better than the minimum wage as
determined by the U.S. Department of Labor. Low- and moderate-income status is based on
the person's income at the time of hire and is not affected by subsequent raises or promotions.
The Delray Beach Community Development Corporation, Inc. will register said job with and
consider applicants referred by the Palm Beach County Workforce Development Board.
The parties to this Agreement recognize that the funds provided through this Agreement are
Federal Community Development Block Grant funds made available by the U. S. Department of
Housing and Urban Development, and that the above job creation requirement pertains to the
use of these funds. If the Delray Beach Community Development Corporation, Inc. receives
funds from the County or other sources, and such funds have job creation requirements
associated with them, the Delray Beach Community Development Corporation, Inc. hereby
assure and warrant to the City that none of the jobs created in compliance with the requirement
stated in this Scope of Service shall duplicate any jobs created or retained in meeting their
obligation to the City in association with the Delray Beach Community Development
Corporation, Inc.'s use of such other funds.
The Delray Beach Community Development Corporation, Inc. agrees, as a condition of
receiving funds under this Agreement, to reinvest a minimum of $37,500 into a project(s) which
will be created as a direct result of the implementation of the Southwest Neighborhood
Redevelopment Plan. The Delray Beach Community Development Corporation, Inc. also
agrees that the $37,500 reinvestment will be in the form of a one-time cash payment, or as a
quantifiable dollar-for-dollar direct benefit to Iow- or moderate-income persons and that the
Delray Beach City Commission shall either designate, or have final approval of the designated
project(s) selected.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bondin~l
Communication
Compensation, personnel services
Contingency provisions
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Materials, supplies
Memberships, subscriptions, professional activity
Organization costs
Overtime, shift premiums ~/**
Page charges in professional journals (research)
Participant support costs
Patent costs
Pension plans
Plant security
Pro-award costs ~**
Professional services
prOfits, losses on asset disposition
Public information service
Publication and printing costs
Rearrangement, facility alteration
Reconversion costs
Recruiting
Relocation
Rental
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B'
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights -~
Severance pay ~/
'Specialized service facilities ~/
Taxes ~
Termination-related costs .~
Training, education ~/
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Ail~owable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CiTY MANAGER ['t~'I
AGENDA ITEM #~6 ~F = REGULAR MEETING OF NOVEMBER 19, 2002
SERVICE AUTHORIZATION #16/MATHEWS CONSULTING, INC,
NOVEMBER 15, 2002
This is before the City Commission to approve Service Authorization #16 with Mathews Consulting,
Inc. in the amount of $129,236.00, for the preparation of a Citywide Reclaimed Water Master Plan
and design and permitting of engineering plans for construction of reclaimed water mains in
conjunction with golf course green reconstruction and irrigation rehabilitation project.
Funding is available from 441-5181-536-31.90 (Other Professional Services).
Recommend approval of Service Authorization #16 with Mathews Consulting, Inc. for the
preparation of a Citywide Reclaimed Water Master Plan and design and permitting of engineering
plans for construction of reclaimed water mains in conjunction with golf course green reconstruction
and irrigation rehabilitation project.
S:\Caty Clerk\chevelle folder\agenda memos\SerwceAuth #16Mathews. 11 19 02
RECEIVED
NOV 2 2002
City Of Delray Beachc rY MANAGER
Department of Environmental Services
M E M 0 R A N D U M
www. mydelraybeach, com
TO:
FROM:
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: RECLAIMED WATER MASTER PLAN
DATE:
November 11, 2002
Attached is a copy of Service Authorization #16 for Mathews Consulting for the preparation of a
city wide Reclaimed Water Master Plan. This project is included in the current year capital
program to provide a document that will become the basis for implementing a phased reclaimed
water irrigation utility system to serve the City. It is being prepared in concert with the reclaimed
water expansion project at the South Central Wastewater Treatment & Disposal Board
(SCRWTDB) facility as well as a similar master plan for the City of Boynton Beach.
The project scope includes data compilation and analysis to determine potential customers and
associated flows, master plan development, route analysis and hydraulic modeling of the proposed
transmission and distribution systems, a project phasing plan and associated construction cost
estimates and a model reclaimed water ordinance to establish administrative procedures and
connection requirements. Also included in this proposal is the preparation and permitting of
engineering plans for that portion of the reclaimed water transmission/distribution system
necessary to provide service to the Municipal Golf Course. This portion of the system will be
constructed in conjunction with the green replacement and irrigation system rehabilitation project
scheduled for this fiscal year. Mains will remain inactive until the phased reclaimed water
expansion at the treatment plant provides sufficient additional capacity to meet the irrigation needs
for the golf course.
Total fees for the above scope are $129,236. The schedule includes a contingent amount of
$15,000 (not included in the stated fee) for additional services to be used only as approved by the
City Manager. Funding for this project is available in Water & Sewer Connection Fees, account
g441-5181-536-31.90, Other Professional Services.
Please place this item on the agenda for the November 11, 2002 regular commission meeting for
consideration by Commission.
/rch
C'
Randal Krejcarek, P.E., City Engineer
Dan Beatty, P.E., Deputy Director of Public Utilities
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
CITY P.O. NO.
CITY PROJECT NO.
TITLE:
16
FOR CONSULTING SERVICES
CITY EXPENSE CODE:
MATHEWS CONSULT. PROJECT NO.
Reclaimed Water Master Plan
This Service Authorization, when executed, shall be incorporated m and shall become an integral
part of the Contract.
TITLE:
Agreement for General Consulting Engineering Ser~ ices
I. PROJECT DESCRIPTION
The City of Delray Beach is served by the South Central Regional Wastewater Treatment
and Disposal Board (SCRWTDB) which was founded in 1974 through an interlocal
agreement between the Cities of Delray Beach and Boynton Beach to provide regional
treatment and disposal of wastewater. The South Central Regional Wastewater
Treatment Facility (WWTF) presently has a treatment capacity of 24 MGD and provides
secondary treatment with flow equalization and disposal by ocean outfall (through the
C~ty of Delray Beach). The WWTF also provides tertiary treatment of up to 4 MGD of
flow for reclaimed water use via irrigation on-site and off-site at designated golf courses
and neighborhood green spaces. The golf courses and green spaces currently utilizing
reclaimed water for irrigation are all located within the City of Boynton Beach's service
area.
In an effort to identify means to achieve reclaimed water use within the City's service
area, the City of Delray Beach retained Mathews Consulting, Inc. (Consultant) under its
continuing consulting services contract to prepare a Reclmmed Water Master Plan. The
purpose of the Master Plan is to serve as a planning document for which reclaimed water
can be implemented in phases as capital improvements are budget and scheduled
throughout the City. The Master Plan will also provide a planning tool for use by the
SCRWTDB for timely planning of expansion of the tertiary treatment facilities. Phase I
of this service authorization details the scope of services that will be provided by
Consultant for development of the Reclaimed Water Master Plan.
Phases II, III, and IV of this service authorization detail the scope of services that will be
provided by Consultant for preliminary design, final design, and bidding services for the
City of Delray Beach Municipal Golf Course reclaimed water main. The City wishes to
engsvccontract.doc t t/04/02 I
accelerate installation of this line to correspond with golf course construction that will
occur starting in May, 2003.
II. SCOPE OF SERVICES
Phase I - Study and Report Phase
Consultant shall provide preliminary design phase services in accordance with Article
III. A of the Agreement for Engineering Services with the City, dated June 2, 1999.
Task 1. Data Compilation
Consultant shall review existing data for the SCRWTDB's existing
reclaimed water system, including description of treatment facilities,
operation and maintenance procedures, reclaimed water delivery
schedules, list of existing users, outfall routing, and reuse water quality. A
summary of the data shall be provided in the Master Plan Report.
Consultant shall review the "Reclaimed Water System Feasibiilty Study,
June 1993", by Brown and Caldwell, the "Beach Area Reclaimed Water
System Feasibihty Study, September 1995" by PEC, and the "Reclaimed
Water Feasibility Analysis, November 2000", by PEC for relevant
reclaimed water user information. The reports contain a significant
amount of background and study area information which can be used as
the basis of the Master Plan Report. Consultant shall review the studies
and update the information, as necessary, to compile a list of potential
reclaimed water uses within the study area. Consultant shall submit the
list to the City for selection of the most feasible reclaimed water users to
be included in the Master Plan Report.
Task 2. Master Plan Development
For each of the feasible reclaimed water users identified under Task 1,
Consultant shall confirm reclaimed water usage, area of application,
storage availability, delivery schedule, and deh~ery characteristics (flow,
pressure, etc.). This task will take into consideration those facilities that
will be served d~rectly from the WWTF's reclaimed distributton system,
and those facilities that will rely on supply from the outfall line once it is
converted to 100% reuse in the future.
Consultant shall identify potential reclaimed water main routing and pipe
sizing from the WWTF to the feasible reclaimed water users. This task
shall include a corridor analysis of routing alternatives with verification of
utilities based on review of available water, sewer and drainage atlas maps
and review of visible above-ground features.
3. Consultant shall perform hydraulic modeling of routing alternatives using
Haestad WaterCad ®computer modeling program. Modeling shall be run
engsvccontract.doc I I/04/02 2
to confirm pipe sizing and delivery pressure requirements throughout the
reclaimed water system based on the delivery schedule identified under
Task 2.1.
Task 3. Phasing Plan and Cost Evaluation
Consultant shall develop a phasing plan for implementation of the
Reclaimed Water Master Plan. The phasing shall be structured so as to
implement key reclaimed water mains located in close proximity to the
plant in the early phases. Those facilities which will tap off of the outfall
pipe upon its conversion to 100% reuse will be scheduled for the later
phases.
2. Consultant shall develop an opinion of construction cost for each
component of the reclaimed water phasing plan.
Task 4. Reclaimed Water Ordinance
Consultant shall prepare a draft Reclaimed Water Ordinance. The
ordinance will provide the City with the appropriate legal authority and
reclaimed water use requirements for implementation of the reclaimed
water program within the City's service area'.
Task 5. Reclaimed Water Master Plan Final Report
Consultant shall prepare the report titled "City of Delray Beach Reclaimed
Water Master Plan" presenting the results and recommendations of the
above work for submission to the City. Four (4) copies of the report shall
be submitted in draft form for review by the City. Consultant shall attend
one (1) review meeting with City staff to review results of the draft report.
2. Consultant shall submit five (5) copies of the Final Reclaimed Water
Master Plan" which shall incorporate City's comments.
Phase II - Preliminary Design Phase
Consultant shall provide preliminary design phase services in accordance with Article
III. B of the Agreement for Engineering Services with the City, dated June 2, 1999.
Task 1.
Consultant shall provide preliminary design of the City of Delray Beach
Municipal Golf Course reclaimed water main. Field reconnaissance of the
proposed pipeline(s) corridor will be performed. Photograph log walk-
through will be included. In addition, potential underground existing facilities
will be identified. The reclaimed water main is proposed to be routed from
Atlantic Avenue to the storage pond and to the west property hne for future
tie-in. An approximate routing shall be staked prior to obtaining survey of the
project area.
engsvccontract.doc 11/04/02 3
Task 2. The Consultant shall coordinate with utility agencies to collect record
reformation which includes reconciling discrepancies between record
tn formation and existing field-verification information.
Phase III - Final Design Phase
Consultant shall provide final design phase services in accordance with Article III.C of
the Agreement for Engineering Services with the City, dated June 2, 1999.
Task 1.
Consultant shall provide final design of the City of Delray Beach Municipal
Golf Course reclaimed water main. Pipe size shall be as determined under
Phase I for the Master Plan report. The reclaimed water main shall extend
from Atlantic Avenue right-of-way line to the on-site storage pond, with a
separate line extending west to the property line which runs parallel with
Homewood Blvd. The reclaimed water line shall be designed as a "dry line"
for future reclaimed water use.
Consultant shall prepare construction drawings which shall include: cover
sheet, general notes, plan/profile drawings, and detail sheets conforming to the
requirements of the current City of Delray Beach Minimum Construction
Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for
conflict profiles. Only plan view drawings shall be prepared. All conflicts
shall be shown on conflict profile details. Consultant shall prepare the
engineering design elements on topographic survey information. Consultant
shall coordinate with the City in order to design the proposed reclaimed water
main in accordance with the requirements and design standards of the City
Task 2.
Contract documents consisting of "front-end" documents and technical
specifications shall be prepared and shall conform to City of Delray Beach
Standards.
Task 3.
Drawings and specifications (two copies) shall be submitted for City review at
60% and 100% stages. Consultant shall meet with the City to discuss
comments, and incorporate comments into final documents Consultant shall
furnish with the 100% design drawings, one (1) mylar set and one (1) set of
CAD files in electronic format on CD. Specifications shall be provide in
electronic PDF format.
Task 4.
At the 60% and 100% stages, Consultant shall prepare a detailed opinion of
probable construction cost. The cost opinion shall reflect changes in general
scope, extent or character of design requirements incorporated during the
various design review stages.
Phase IV - Bidding/Negotiation Phase
Consultant shall provide final design phase services in accordance with Article III.D of
the Agreement for Engineering Services wnh the City, dated June 2, 1999.
engsvccontract.doc I I/04/02 4
Task l.
Consultant shall assist City in advertising for and obtaining bids or negotiating
proposals for construction (including materials, equipment and labor). It is
anticipated that work shall be awarded under a single construction contract.
Consultant shall provide 20 sets of bidding documents to the City to issue bid
package. The City shall receive and process deposits for bidding documents
and shall maintain a record of prospective bidders to whom bidding
documents have been issued.
Task 2.
Consultant shall attend pre-bid conference and provide a written summary of
issues discussed.
Task 3.
Consultant shall issue addenda and shall provide supplemental information or
clarification, as appropriate, to interpret, clarify, or expand the bidding
documents to all prospective bidders during the bid period.
Task 4.
Consultant shall attend the bid opening, prepare bid tabulation sheets and
assist City in evaluating bids and proposals, and in assembling and awarding
contract for construction. Consultant shall submit to City a written
recommendation concerning contract award.
Phase V - Construction Administration Phase
Upon completion of the final design phase, the Consultant shall submit Addendum No. 1
to this service authorization for approval of fees for construction phase services to be
provided in accordance with Section III-E of the Agreement with the City.
Other- Permitting
Task 1.
At the outset of the Design Phase the Consultant shall meet with the
appropriate permitting agencies to determine potential permitting
requirements. Agencies anticipated to have jurisdiction over the project
include: Florida Department of Environmental Protection (FDEP). Permit
applications shall be completed and submitted to FDEP for construction of the
proposed reclaimed water main. Associated permit application fees shall be
determined by the Consultant and paid by City.
It is assumed that no other pertnits will be requtred.
Other - Geotechnicai
Consultant shall furnish the services of a professional geotechnical engineer to provide
subsurface investigations of the project area that will include:
Task 1.
Perform up to three (3) standard penetration test (SPT) borings to an average
depth often (105) feet.
Task 2.
Evaluate field data collected and provide geotechnical engineering evaluation
report.
engsvccontract.doc 11/04/02 5
Other - Survey
Task 1.
Consultant shall furnish the services of a professional surveyor to provide
survey services consisting of field topography and horizontal locations
referenced by baseline stationing. All existing facilities and utilities within
the established project limits will be referenced by baseline station with an
offset distance (lett or right) from baseline for the project and will include the
following:
Topography survey at 50-foot intervals and at major ground elevation
changes to depict existing ground profile at proposed project area. This
shall be accomplished by creating a baseline in the field to collect
pertinent data which shall include the following:
Location of all visible fixed improvements within the project
limits, including physical objects, roadway pavement, driveways,
sidewalks, curb, trees, signs, fences, power poles, buildings, and
other encumbrances, including point of curvature and point of
tangency.
Location of all known above and below ground existing utilities:
FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe
diameter, TOP, valves, fire hydrants, and meters), Force Mains
(pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter,
manhole inverts and direction, rim elevations, laterals, and clean-
outs), Storm Sewers (pipe diameter, manhole inverts and direction,
catch basins, and tim/grate elevations), and all other accessible
structures. This will include coordination with Sunshine and City
of Delray Beach. Underground piping shall be pot-holed by City
in a timely fashion.
Co
Identify platted rights-of-way (including bearing and distances for
centerline), lot numbers, house address, ownership lines, block
numbers and dedicated easements.
Elevations shall be indicated every 50 feet, at a minimum, to
indicate centerline grades, edge of pavement grades and shoulder
grades, low points and all fight-of-way lines. Intermediate grades
shall be indicated at all grade breaks, driveways and sidewalks.
Sufficient grades shall be indicated on the driveways and parking
areas to indicate direction of grade.
Provide and reference benchmarks at maximum 600-foot
intervals. Elevations to be ret~erenced to an existing established
City or County Benchmark.
engsvccontract.doc I i/04/02 6
The above topographical survey data will be prepared in AutoCAD
(Version 2000) format at a scale of 1"=20', as one continuous file. The
City of Delray Beach standard layering system shall be followed. The
CAD drawing shall also include:
· Location of soil borings.
· Location of utility pot holing.
ASSUMPTIONS
Services do not include review and/or evaluation of:
· City's agreement with SCRWWTDB Board and legal implications thereof.
· System operation and maintenance costs.
· Reclaimed water rate/fee structure.
· Funding mechanisms for project implementation.
The City shall provide all available record drawings and documentation on the golf
course.
3. The City shall pay all permit fees.
ADDITIONAL SERVICES
Consultant shall provide additional engineering services relating to the provision of surveying,
geotechnical, sanitary, water, reclaimed water, drainage, and structural improvements to the
project area that are not covered under this Service Authorization. These additional services may
be required due to uncertainties discovered during survey, soils, investigations, field verification
of existing facilities and conditions, and potential property or easement acquisitions.
Setwices performed under this task will be on as-directed basis in accordance with a written
Notme-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 A~eement.
· A time established for completion of the work.
engsvccontract doc I 1/04/02 7
I11. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services
Time per Phase
Cumulative Time
Phase I - Study and Report
Phase II- Preliminary Design
Phase III - Final Design(2)
Permitting (3)
Phase IV - Bidding (3)
12 weeks 12 weeks
3 weeks 12 weeks
8 weeks 20 weeks
4 weeks 24 weeks
4 weeks 24 weeks
(1) Prelimtnary Design will be completed during Study and Report Pha~e
(2) Surveytng and Geotechnical will be completed during Preliminary/Final Design Phases
(3) Permttttng and Bidding will be completed congruently.
IV. 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.
Engineering Services
Estimated Fees
Phase I - Study and Report
Phase II - Preliminary Design
Phase III - Final Design Phase
Phase IV - Bidding Phase
Permitting
Surveying
Geotechnical
Out-of-Pocket Expenses
Additional Services
$
$
$
$
$
$
$
$
$
78,451.00
3. 388.00
22.199.00
4 123.00
1 125.00
13 200.00
2 750.00
4 000.00
15 000.00
(1)
TOTAL PROJECT COST
$129,236.00
Notes
(I } Out-of-?ocket Expenses tnclude the followmg prmttng/reproduction and postage
(2) Total project cost does not tnclude the $15, O00 for Addtttonal Servtces (if authortzed by the Ctty)
engsvccontract doc ! 1/04/02 8
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may terminate the contract
without incurring any further liability. The Consultant may not commence work on and Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed.
Approve by:
CITY OF DELRAY BEACH:
MATHEWS CONSULTING, INC.
Date:
David W. Schmidt, Mayor
Date: [17, ~t ~'~ ~
Rene L. Mathews, P.E., President
W ess
Attest:
Approved as to Legal Sufficiency
and Form
STATE OF FLORDA
COUNTY OF PALM BEACH
The foregoing instrument ~was
ackn.oydedged before me this ,~___'~ay
of /I/OK., 2002 by Rene L. Mathews,
President of Mathews Consulting,
Inc., a Florida corporation, on behalf
of the corporation. He/She is
(personally known to me) or (has
pr-6duced identification)~ Florida
Driver's License
and (did did not) take an oath.
Sign~ure of p~SJon taking
acknow ledgerr~nt
engsvccontract.doc 11/04/02 9
Z
LU
Agenda Item NO.~ ~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: Nov. 11, 2002
When: Nov. 19, 2002
Description of item (who, what, where, how much): Staff requests Commission approval of
Service Authorization #16 for Mathews Consultin,q in the amount of $129,236 for the preparation
of a city wide Reclaimed Water Master Plan and desi.qn and permittin.q of en.qineerin.q plans for
construction of reclaimed water mains in conjunction with ,qolf course .qreen reconstruction and
irri.qation rehabilitation project. The master plan project is contained in the approved current year
capital plan as is the .qolf course reconstruction proiect which will include installation of mains for
future provision of reclaimed water for ,qolf course irri,qation. Fundin.q is available in Water &
Sewer Connection Fees, account #441-5181-536-31.90, Other Professional Services.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
Consulting.
Staff recommends approval of Service Authorization #16 to Mathews
Department head signature:
Determination of Consistency with Comprehensive Plan:
/I-
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~d on all items involving expenditure of funds):
Funding availabl~O
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~qO
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memo
To:
From:
Date:
Re:.
City Commission
David Harden
November 13, 2002
Agreement Withy Players Intemational Management
City staff has negotiated an agreement with Players Intemational Management to bring the
USTA Boys & Gids' 12's Super National Spdng Tennis Championships to our tennis facilities
for the next five years. The dates for 2003 will be April 14 - 20. The event brings 256
players, age 12 and under, along with relatives and coaches for at least four days. The
economic impact of the event, held last year in Martin County, is documented in the attached
reports.
Under the terms of the agreement, the City will contribute $20,000 per year which will help
fund advertising and publicity of the event. Publicity the City will receive is outlined in Section
5 of the agreement, starting on page 3. The event does not attract large numbers of
spectators, so it will not be burdensome on City support staff. The event will use courts at
both of our tennis facilities, so they will remain open during the event. In addition to support
from the City, PIM also expects to receive support from the Palm Beach County Sports
Commission.
Recommendation: This event will bdng the City a great youth sporting event with
considerable publicity and significant economic impact at a faidy Iow cost. I recommend that
the agreement be approved.
1. Event Title:
FLORIDA SPORTS FOUNDATION
POST EVENT REPORT
Club Med Hosts USTA Boys' & Girls' ITs Super National Spring Championships
2. Date: April 6 - 12~ 2002
3. Sport(s) Involved: Amateur Tennis for boys' & girls' 12 and under
4. Location(s): Girls: Club Med Florida at Sandpiper in Port St. Lucie & Boys: Martin Downs
Country Club in Palm City
5. Legal name of organization (including full address): Player's International Management, Inc.
6. Event director(s): Name: Mark Baron
Name: Ivan Baron
Title: Tournament Director
Title: Tournament Chairman
Phone: (561) 330-6000
Fax: (561) 330-6001
7. Total Actual Participants: 73 in-state 183 out-of-state
(competitors, coaches, trainers, officials, etc.)
8. Total Actual Spectators: 296/daily in-state 350/daily out-of-state
(fans, family, friends, etc.)(Taken from number of participants, guests, and coaches, number of
daily guests staying at Club Meal (approx. 700), and taken from approx, number of Martin Downs Country
Club members (along with secondary site's members) whom attended the event: approx. 150)
Provide a summary of media exposure for the event. Please include copies of any printed
promotional materials, television highlights, video documentation, etc.
Enclosed are news articles from local ne~vspapers and a list of the various media that received daily stories
scores and schedules from the tournament through e-mails and fax blasting, Included in this list are all 17
USTA sections from around the country, the Stuart News, the Port St. Lucie News, the Port St. Lucie
Tribune, and the Palm Beach Post. The event will be televised via The Tennis Channel (letter enclosed) and
The Sunshine Network (summer 2002).
10. Provide a summary of information obtained from the Event Out-Of-State Participant Survey:
# that drove (approximately 73) # that flew (approximately 183)
Breakdown of car rental companies (the following were used by players and guests of the event)
(Rental Car Companies were taken from the out-of-state survey: samples enclosed):
Company Thrifty Rental Car Total Car Rental Days N/A
Company. Frontier Rental Car Total Car Rental Days. N/A
Company
Company
Company
Company
Company.
Alamo Rental Car
Avis Rental Car
National Rental Car
Budget Rental Car
Dollar Rental Car
Breakdown of airlines:
Total Car Rental Days N/A
Total Car Rental Days. N/A
Total Car Rental Days. N/A
Total Car Rental Days N/A
Total Car Rental Days. N/A
Airline American Total Tickets N/A
Airline Delta Total Tickets N/A
Airline Air Tran Total Tickets N/A
Airline Southwest Total Tickets N/A
Airline Continental Total Tickets N/A
Airline United Total Tickets N/A
Miscellaneous Comments By Visitors:
(Sample comments enclosed from the out-of-state surveys)
"Look forward to next year" "Enioved the tournament, had a lot of fun and made new friends"
"Love tournament here" "It's Grrreat"
11. Estimate the Direct Out-of-State Economic Impact of the Event
# of out-of-state Adult Participants N/A x avg. length of stay N/A
# of out-of-state Adult Spectators 345
# of out-of-state Youth Participants 183__
# of out-of-state Youth Spectators 172
x avg. length of stay.~
x avg. length of stay_ 6.~5
x avg. length of stay 6.___._~5
x $122 (avg. spending)=
$ N/A
6.5 x $122 (avg. spending) =
$ 273,585
x $61 (avg. spending) =
$__72,559.50
x $61 (avg. spending) =
$__68,198
# of out-of-state Media/Professional__92__x avg. length of stay 6.5 x $122 (avg. spending) =
$ 72,956
TOTAL DIRECT OUT-OF-STATE ECONOMIC IMPACT
$ 487,298.50
12. Estimate the multiplied out-of-state impact of event (use total direct out-of-state economic impact
figure from-above as multiplier).
Output Impact: __487,298.50 x 1.5 (output multiplier) = $__730,947.75
Earnings Impact:
._487,298.50 x .57 (earnings multiplier) =
$~277,760.14
Employment Impact:
__487,298.50
x/I,000,000 x 22 (employmentmultiplier)=
10.72
13.
Total Hotel Impact (In-State and Out-of-State) (Club Med Florida at Sandpiper, Marriott
Hutchinson Island, Holiday Inn Oceanside, Downtown Holiday Inn, Ramada Inn, plus others):
# of Rooms 245
__ x Avg. # of nights 6.5 x Avg. Room Rate __$145
$ 230,912.50
14. Revenue Estimates Generated by Out-of-State Participants/Spectators
State Sales Tax
Direct Out-of-State Economic Impact x .06 =
Local Option Sales Tax (if applicable)
Direct Out-of-State Economic Impact x local option sales tax rate .01
Transient Lodging Tax/Bed Tax (if applicable)
Total Hotel Impact x lodging/bed tax rate 0_~ (example .03) =
Local Option Gasoline Tax (if applicable)
Direct Out-of-State Economic Impact x local option gasoline tax rate 0 =
$ 29,237.91
$ 4,872.99
$ 0
$ 0
s INTERNATIONAL MANAGEMENT,, INC.
PIM · PIM · PIM · PIM
1. Event Title: USTA Boys' & Girls' 12 Super National Spring Tennis Championships
2. Date: April 14 - 20, 2003
3. Brief description of event (format, qualifying criteria, ages, etc.): The highest level
junior tennis tournament in the country, for boys & girls 12 and under participants. The
draw consists of 128 participants in each gender division (256 total)~ consisting of the
highest ranked players in the United States competing in singles and doubles competition.
4. Sport(s) involved: Amateur junior tennis for b. oys and girls 12 & under.
5. Location(s): Palm Beach County, FL
6. Proposed facility (ies): Delray Beach Tennis Center / Delray Swim and Tennis Club
/ The Boca Raton Resort & Club
7. Has the facility (ies) been secured? Plan to meet to secure sites
8. Facility contact(s): Name Mark Baron Phone (561) 330--6000
Name Phone
9. Legal name of organization (including full address): Player's International
Management. Inc. (P.I.M.. Inc.) 30 NW 1st Avenue, Delray
Beach. FL 33444
10. This organization is: independently chartered X private non-profit
other (describe)
Event director(s): Name: Mark S. Baron
(561) 330-6000 Fax: (561) 330-6001
ibaron~matchpointinc.com
11.
Phone:
E-mail:
Title: Tournament Director
12. Major sporting events (and dates) previously hosted by organization:
- $75,000 ATP Challenger in Pembroke Pines~ FL (1991-1992)
_ - $270, 000 ATP Tour Event- "America's Red Clay Tennis Championships" (1993-1998)
- $400,000 ATP Tour Event - "The Citrix (International) Tennis Championships" (1999-
present)
- USTA Boys' & Girls' 12's Super National Soring Tennis Championships (2002 - present)
13. Sources of funds for hosting above events (cash, in-kind, grants, time periods,
amounts, etc.)
Sponsors, local government, and participant entry fees
14.
15. out-of-
16.
Is the organization a dues paying Industry Partner of the FSF? No
Total Expected Participants: 73/daily in-state 345/daily
state (competitors, coaches, trainers, officials, etc.)
Total Expected Spectators: 300/daily in-state 650/daily out-of-state
(fans, family, friends, club members, sponsors, etc.)
17. What is the overall event plan? Include schedules, competition specifics, special
events, etc.
The tournament is a compass draw. Each participant will play a minimum
of four days: minimum of four singles matches and one doubles match. The winners of the
fourth day will continue competing, based on single elimination. The daily schedule of
matches will begin at 8:00 AM and conclude at approximately 7:00 PM. The event will be
televised nationally, host a player's party, and sponsor party, retain guest speakers for
participants / parents (i.e. Collegiate Coach, USTA, Professional Tennis Player), host a free
clinic for area kids to learn tennis, and distribute gift bags to all participants.
18. Summarize the marketing plan for the event to include all media(s), timeline and if
you are paying a promotional or production expense to obtain event coverage.
The event will be producing sponsorship packages to help fund the event. The
tournament's exposure will reach local and national markets via press releases, national
television~ and daily newspaper and internet results. P.I.M., Inc. will entail all costs
associated with marketing and advertising initiatives, including all officials' fees. P.I.M.,
/nc. will be paying a oroduction cost to televise the event.
19. What benefits will the Florida Sports Foundation receive if a grant is awarded?
available please attach a summary of sponsor levels/benefits.
"SEE ATTACHMENT"
If
20. To what extent will the community be involved in the event? Include volunteer
structure, local sponsorships, governmental assistance, etc.
Local volunteers will be used for registration~ hospitality~ set-up, and tournament
desk, as well as on-court monitors. Local sponsorships will include corporate signage, and
advertising opportunities, invitations to parties, and hotel getaway packages. Local
governments will be involved in procuring bleacher seating and street signage.
21. How will this event affect the image value ofthe State of Florida?
Florida will be host to the prestigious USTA Boys' & Girls' 12 Super National SprinR
Tennis Championships, one of only four tier 1 championships in the United States.
Florida's image throughout the country will be one that supports national .iunior tennis.
This will be a great marketing tool to help publicize and promote Palm Beach County as a
place to live and vacation.
22. Estimate the projected Direct Out-of State Economic Impact of the Event
*** We project additional out of state participants, family, friends, and professionals due to last
year's slowdown in travelers because of September llth.
# of out-of-state Adult Participants 129 x avg. length of stay 6.5 x $122 (avg. spending) =
$ 102,297
# of out-of-state Adult Spectators 466 x avg. length of stay 6.5 x $122 (avg. spending) =
# of out-of-state Youth Participants 216 x avg. length of stay.
# of out-of-state Youth Spectators 184 x avg. length of stay .
$ 369~538
6.5 x $61 (avg. spending) =
$ 85,644
6.5 x $61 (avg. spending)=
$ 72,956
# of out-of-state Media/Professional
TOTAL PROJECTED DIRECT OUT-OF-STATE ECONOMIC IMPACT $
75 x avg. length of stay 6.5 x $122 (avg. spending) =
$ 59,475
689,910.00
23. Estimate the multiplied out-of-state impact of event (use total projected out-of-state
economic impact figure from above as multiplier).
~utput Impact:
Earnings Impact:
Employment Impact:
689~910.00 x 1.5 (output multiplier)= $ 1,034,865.00
689,910.00 x .57 (earnings multiplier) = $ 393,248.70
689~910.00 /1,000,000 x 22 (employment multiplier) =
15.1
24. Total Hotel Impact (In-State and Out-of-State):
# of Rooms 356 x Avg. # of nights 6.5 x Avg. Room Rate $145.00 =
$ 335,530.00
25. Revenue Estimates Generated by Out-of-State Participants/Spectators
State Sales Tax
Direct Out-of-State Economic Impact x .06 = $ 41,394.60
Local Option Sales Tax (if applicable)
Direct Out-of-State Economic Impact x local option sales tax rate_.01 = $ 6,899.10
Transient Lodging Tax/Bed Tax (if applicable)
Total Hotel Impact x lodging/bed tax rate .04 (example .03) = $ 13,006.50
Local Option Gasoline Tax (if applicable)
Direct Out-of-State Economic Impact x local option gasoline tax rate .10 = $ 68,991
26. Event History
Previous Location/Date(s): April 6 - 12, 20021 Club Med (Port St. Lucie, FL) & Martin
Downs Country Club (Palm City, FL)
Contact Name/Phone: Mark Baron
Out-Of-State Participants: 525 Room Nights: (Approximately 1,593)
Economic Impact: $ 487,298.50
MORE INFORMATION
Contact Name/Phone: Eike Juul Call United States Tennis Association: 305-365-8782)
Out-Of-State Participants: Room Nights: Economic Impact:__
[lTV OF DELRrlV BErlI:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
MEMORANDUM
November 12, 2002
Writer's D~rect Line 561/243-7091
TO: City Commission
(;L.... > -----.,'
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: A.qreement with Player's International Manaqement/Amendment No.
6 to the Match Point A.qreement
The attached agreement, between the City and Player's International
Management, Inc., (PIM), provides that PIM shall hold the USTA 12 & under
national spring championships at the Tennis Center. The agreement also provides
that PIM shall be allowed to use some of the clay courts at the Delray Swim &
Tennis Club during the event. The term of the agreement is for a period of 5 years
and the event shall be held in the month of April for each year, however, either
party could terminate this agreement upon giving the other party notice by June 1st
of the preceding year. The City shall pay to PIM the amount of $20,000.00 per
year during the term of the agreement.
I have also attached an amendment to the agreement between the City and Match
Point regarding the use of the office space that is currently occupied by Match
Point. Match Point has exclusive use of the office space. PIM is requesting non-
exclusive use of the office during the term of the agreement. Mark Baron is the
president of Match Point, Inc.. Mark Baron and his son Ivan Baron are
respectively the president and vice-president of PIM. Amendment no. 6 to the
Match Point agreement provides that Match Point waives its exclusivity for use of
the office to the extent to allow PIM use of the office.
By copy of this memo to David Harden, our office requests that these items be
placed on the November 19, 2002 City Commission agenda. Please call if you
have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ,200
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereina~er referred to as "CITY"), and PLAYERS INTERNATIONAL MANAGEMENT,
INC., (hereinafter referred to as "PIM").
WITNESSETH:
WHEREAS, the CITY owns and controls certain property upon which is located the
Delray Beach Tennis Center and the Delray Swim & Tennis Club, hereinafter referred to as the
"Site"; and,
WHEREAS, PIM, is desirous of using the Site for the purpose o£ holding a sporting
event to be known as "USTA 12 & Under Super National Spring Championships at the Delray
Beach Tennis Center", ("Event") at the Site; and,
WHEREAS, the CITY believes that holding this USTA amateur event at the Site will
grant the citizenry of Delray Beach many tangible and intangible benefits; and,
WHEREAS, PIM understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has
exclusive pouring rights at the Tennis Center and PIM shall not enter into any agreements that
would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY,
Coca-Cola Enterprises, Inc. and PIM.
NOW, THEREFORE, in consideration o£ the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE~ TERM.
The CITY hereby grants to PIM for April 11-19, 2003, the non-exclusive right and
privilege to stage and use the Site for the Event. PIM'S rights shall cover an additional 1 day
period before the commencement o£ the Event to set up necessary facilities and an additional day
after the Event to remove necessary facilities. The CITY further grants to PIM the right and
privilege to stage the Event at the Site through April 2007. PIM agrees that the future Events
shall be held sometime in the month of April and shall send written notification to the CITY of
the exact date of the Event at least 180 days ~rior to the date o£ the Event.
2. LICENSE AGREEMENT ONLY.
This agreement between the CITY and PIM is a license agreement, not a lease or
purchase agreement, and should be construed by a court of competent jurisdiction to be a license
agreement only. Furthermore, this License Agreement does not grant nor is PIM receiving
hereunder any rights to any real property of the CITY nor any property interests except as set
forth in this agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to
provide, at no charge to PIM the following facilities and production assistance in connection
with the conduct of and staging of the Event:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
use of clay courts as per Exhibit "A";
preparation and maintenance of the courts throughout the Event, as
mutually agreed upon by both parties;
nets, net posts, single sticks and umpires chairs;
adequate space for and operation of concessions, retail booths, etc. (PIM
shall place and operate the concessions and retain all revenues from its
concessions and retail booths);
restroom facilities and supplies;
additional courts for pro-am, clinics, etc., as mutually agreed;
the use of locker rooms, as mutually agreed;
access to utilities to include but not be limited to water/sewer,
electric/lighting;
CITY shall have the racquet stringing concession; and
CITY shall provide all teaching programs to participants, as determined
by the CITY.
(b)
the amount of $20,000.00 for the Event being held on April 11-19, 2003.
During the term of this Agreement (defined below) CITY agrees to pay to PIM
One half of the
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payment shall be due upon execution of this Agreement by the City and the other one half shall
be due by April 1st of 2003. For each Event thereafter, the amount paid by the CITY shall
increase each year by 5% and shall be paid in twelve (12) equal monthly installments payable on
the first day of each month from May 1 to April 1 of the following year.
4. STAGING AND PRODUCTION OF THE EVENT.
The organization, staging, and conduct of each Event will be the responsibility of PIM,
which responsibilities shall include the following:
(a)
Obtaining an Event Director, all personnel involved in each Event, and the Event
participants;
(b) Administering the entire Event;
(c) Setting up each Event on-site and handling all on-court activities of the Event;
(d) Soliciting sponsorship sales and television rights sales for each Event;
(e)
Handling promotions, advertising, sales, public relations, and program production
for each Event;
(0
PIM shall be responsible for site clean-up of restrooms and for garbage pick-up;
and
(g) PIM shall pay for all dumpsters needed for the event.
5. ACKNOWLEDGMENT BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, PIM
agrees that CITY will have the following acknowledgment rights in relation to the Event, subject
to the provisions of this Agreement:
(a)
The name of the Event shall be "USTA 12 & Under Super National Spring
Championships at the Delray Beach Tennis Center";
(b)
(c)
Recognition as the Host Site of the Event;
Inclusion of CITY'S name and/or logo in all print, radio, television and website
advertising created by PIM to promote the Event, including in the player's
information packet;
(d)
Inclusion of CITY'S name on the front cover of all promotional materials created
and distributed by PIM;
(e)
(g)
(h)
(i)
(J)
(k)
(1)
Inclusion of CITY'S name in all press materials;
Audio and graphic mentions during any telecast;
Stadium court and Grandstand court signage which includes the name or logo of
the City on baxmers on the 2 backdrops for the courts;
Use of on-site booth space for promotional purposes (with all material subject to
the prior approval of PIM);
Participation of CITY in press conferences for the Event;
Recognition as the host site sponsor where such recognition is displayed on the
sponsors board and the sponsors/draw board displayed on site;
Participation in awards ceremony; and
Opening and closing billboards or two 30 second television commercials during
national airing.
6. EVENT EXPENSES AND REVENUES.
(a) PIM shall be responsible for collecting all revenues generated by, and paying all
expenses incurred for, the Event, except for those expenses associated with CITY'S obligations
set forth herein.
(b) CITY acknowledges that PIM will not pay CITY for any expense incurred by
CITY in conjunction with the Event unless CITY has submitted a written estimate of such
expense to PIM and obtained written approval from PIM of such expense in advance.
7. OFFICE SPACE.
PIM shall have year round non-exclusive access and use of the existing air-conditioned
event office/ticket building (the "Office"), pre-wired for telephones, Intemet, fax and electricity,
so long as the Event is held at the Site. The CITY shall have the right to temporarily use the east
portion of the Office consisting of the ticket area and the east room immediately adjacent to the
ticket area for other events. In the event the CITY seeks use of the Office (except as provided in
the foregoing sentence) the CITY shall provide written notice to PIM to vacate the Office
provided, however, the vacancy shall not occur until ninety (90) days after written notice from
the CITY to PIM. The CITY shall not request use of the Office from PIM during the time of
the Event. From the date of any CITY required vacancy by PIM, the CITY shall pre-pay on an
annual basis to PIM for the remainder of the Agreement so long as the Event is held at the Site
the fair market value of 1,500 square feet of Class B office space located within Delray Beach,
plus real estate taxes and common area maintenance associated with any such lease as follows:
(i) as mutually agreed upon between the parties, or (ii) by the CITY selecting an appraiser, PIM
selecting an appraiser, and each of those appraisers selecting a third person to determine the
reasonable value of the aforesaid costs of such space. CITY further agrees to pay PIM on the
date of the start of any PIM vacancy as described above from the Office a sum not to exceed
$10,000.00 for printing, moving and advertising costs expected to result due to the change in
location or address of PIM. The granting of the use of the Office to PIM by the CITY is
conditioned upon the CITY receiving a release from Match Point, Inc. to allow PIM the non-
exclusive use of the Office. If the CITY does not receive such release from Match Point, Inc.,
PIM shall not be allowed such use of the Office as set forth in this paragraph.
8. FORCE MAJEURE.
If PIM or the CITY is prevented from or interfered with in any manner whatsoever in
fully performing its agreements (including its ability to conduct the Event(s)) hereunder, for any
reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood,
fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the
foregoing all being examples of an "event of force majeure"), then PIM'S and the CITY'S
obligations hereunder will be suspended as often as any such event of force majeure occurs and
during such occurrences, PIM'S and CITY'S nonperformance will not be deemed a breach of
this Agreement
9. TAXES.
PIM shall be liable for any and all taxes which are or may be imposed as a result of this
Agreement. Taxes shall be paid to the appropriate authority and including, but not limited to,
sales and use tax.
10. PROOF OF INSURANCE.
PIM shall provide the CITY with. proof of insurance being in force. The type and
quantity of insurance is more particularly set forth in Exhibit "B" to this agreement. Proof of
such insurance shall be due by 30 days prior to the first day of the Event. The insurance shall
name the CITY and its designee as additional insured.
11. FINANCIAL RESPONSIBILITY.
PIM agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Event including, but not limited to, all accounting and reporting as may be
required by law. PIM further agrees to accept sole responsibility for any financial commitments
or obligations it incurs as a result of the Event, and which are not provided for in this Agreement.
12. OTHER SERVICES AND SUPPLIES.
PIM further agrees that all services and supplies not specifically identified herein shall be
provided by or through PIM.
13. CONCESSION RIGHTS OF PIM.
PIM may sell food, beverages, confections, refreshments and novelties or may, subject to
approval by CITY, contract with another to provide such service except that PIM will not offer
for sale items that are prohibited by the CITY'S agreement with Coca-Cola of Florida (attached
hereto as Exhibit "C"), unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises,
Inc. and PIM.
In providing the concession service, PIM or any person, firm, or corporation with whom
it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the
following provisions provided, however, that PIM shall remain ultimately responsible to CITY
for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
d. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equ, ipment to CITY for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or
annexed, regardless of whether it is capable of being removed.
e. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
f. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
CITY. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
h. If the concession is operated by a person, firm or corporation other than
PIM, such person, firm, or corporation shall at all times maintain workers' compensation
insurance coverage for all employees which it employs within the areas and facilities
covered by this Agreement, together with the policy or policies of public liability and
products liability insurance and provides limits of at least One Million ($1,000,000.00)
Dollars for combined single limit coverage; provide liquor liability insurance with limits
of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the
amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide
that they will not be cancelled or amended without at least ten (10) days written notice to
the Risk Manager of CITY and shall name CITY, its officers, agents and employees as
additional insured.
14. ACCEPTANCE OF TOURNAMENT SITE.
(a) Prior to the Event, PIM may inspect and examine the Site to determine that said
Site is in adequate and satisfactory condition for the uses contemplated. PIM assumes full
responsibility and liability for all damages, losses and liability caused by conditions on the Site,
which arise once it commences use and occupancy of the Site, and which conditions are caused
by or result from the actions of or failure to act by PIM, its employees, agents or representatives,
or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of
PIM while on the Site. PIM indemnifies, defends and holds CITY, and its designee, harmless
for any such claims unless such damage, loss or liability was caused by conditions on the Site
which are inherent in the structures invola, ed, or the direct result of CITY'S (including its
employees and agents), negligence or misconduct.
(b) CITY, and its designee, shall not be responsible for any damage or injury to, or
personal conduct, safety and welfare of PIM, its employees, agents or representatives, or
exhibitors, independent contractors, workers, and invitees while on the premises and PIM
expressly indemnifies, holds harmless and releases CITY from any and all such claims, damages,
losses or liability associated therewith, unless such claim, damage, or liability is the result of
CITY'S (including employees and agents) negligence or misconduct.
15. REPAIR~ REPLACEMENT AND MAINTENANCE.
PIM shall pay all costs for cleanup, repair and replacement and all damages of whatever
origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which
may occur during the term of this Agreement in order to restore the Site to a condition equal to
the condition at the time PIM occupies the Site.
PIM shall be responsible for clean-up of the Site during and after the Event. If at any
time CITY determines that the clean-up services provided by PIM is not adequate or that said
services endanger public health and safety, CITY shall notify PIM in writing and if PIM fails to
clean up after receipt of written notification, CITY may provide these services. PIM shall
reimburse CITY for the costs of providing these services and for the actual costs of any supplies.
16. ADVERTISING MATTER.
(a) PIM agrees, subject to its rights, if any, under any applicable License Agreements,
to identify the City of Delray Beach as the site of the Event in all publications, advertising and
any electronic broadcast, and to permit CITY to use PIM'S trademark or any trademark
authorized to be used by PIM, and CITY agrees to pc-mit PIM to use the CITY'S name and
logo and trademark during the term of this Agreement solely in the connection with the Event.
CITY agrees that promotional material created by CITY with regard to the Event is subject to
the approval of PIM. PIM agrees that any material submitted by CITY will not be unreasonably
disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the
disapproval.
(b) All printed material and advertising matter to be used prior to or at the Event
which include the name City of Delray Beach or its official seal shall be submitted to the City
Manager or his designee for his approval at least two (2) days prior to the proposed use of the
same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY
agrees that it shall always use the official name of the Event as designated by PIM and no other
name when making reference to the Event in CITY'S promotional materials.
(c) PIM will secure television coverage for the Event and PIM shall ensure that such
television coverage of the Event shall specifically mention the CITY as the host in the opening
of each and every broadcast. If PIM fails to provide television coverage for the Event, PIM shall
pay $10,000.00 to the CITY within 30 days of the conclusion of the Event.
(d) CITY, or its designee, may temporarily cover advertisements, corporate logos or
trademarks that appear throughout the Site, at its sole expense, as mutually agreed upon by the
parties.
17. EVENT PERSONNEL AND EQUIPMENT.
PIM shall provide all personnel needed for the Event, except as otherwise set forth in
Paragraph 3(a) or elsewhere in this Agreement.
18. POLICE AND EMERGENCY PERSONNEL.
PIM agrees to make arrangements with the CITY Police Department and Fire
Department to provide for CITY police and emergency personnel if the CITY determines, in its
sole discretion, it is necessary for the Event. PIM shall pay all costs for CITY police and
emergency personnel within 30 days of the conclusion of the Event.
19. CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or cause to be ejected from the premises any
person or persons violating or to keep persons from violating any of the rules or regulations of
the Site or any city, county, state or federal laws, and neither CITY nor of any its officers, agents
or employees shall be liable in any manner to PIM or its officers, agents or employees for any
damages which may be sustained by PIM through the exercise of this right by CITY.
20. VACATION OF EVENT SITE.
PIM agrees to vacate the licensed Event Site no later than one (1) day after the comple-
tion of the Event; to leave said Event Site in a condition equal to that at the commencement date
PIM occupies the Event Site each year, ordinary wear and use thereof only excepted, and that
PIM shall remove from the Event Site within one (1) day following the closing of the Event, all
material and equipment owned by PIM.
21. NON-DISCRIMINATION.
A. That PIM for itself, its personal representatives, successors in interest, assigns,
subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and
agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in,
be denied the benefits of, or otherwise be subject to discrimination.
3. That PIM shall use the premises in compliance with all other requirements
imposed or pursuant to Title 45, Code of Federal Regulations, Article 80,
Non-discrimination under programs receiving Federal Assistance through
the Department of Health, Education and Welfare - Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenm~ts, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
C. PIM shall not discriminate against any employee or applicant for employment to
be employed in the performance of the contract with respect to hiring, tenure, terms, conditions
or privileges of employment, or any matter directly or indirectly related to employment because
of age, sex, physical handicap (except where based on a bona fide occupational qualification); or
because of marital status, race, color, religion, national origin or ancestry.
l0
22. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with PIM such
additions, deletions or changes to the license as may be necessitated by changes in county, state
or federal laws relating to the operation of the Site. In the event that the CITY and PIM are
unable to reach a mutual agreement on any such addition, deletion or change, that portion of the
contract concerning the services involved in the addition, deletion or change shall be terminated
or eliminated.
23. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by PIM.
B. Institution of proceedings in involuntary bankruptcy against PIM if such
proceedings lead to adjudication of bankruptcy and the PIM fails within ninety (90) days to have
such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to PIM specifying the amount of payment(s) in default, to terminate
this Agreement whenever the non-payment of any sum or sums due hereunder continues for a
period of ten (10) calendar days after the due date for such payments; provided, however, that
such termination shall not be effective if PIM makes the required payment(s) during the fourteen
(14) calendar day period following receipt of the written notice.
24. DEFAULT BY PIM.
The CITY may terminate this Agreement for cause upon PIM'S failure to perform any of
the terms and conditions of this Agreement and such failure in performance not remedied by
PIM within thirty (30) days after receiving notice in writing of such default or in cases where
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and the CITY'S intention to terminate if not corrected and
which remedial measures must be completed within a reasonable time set forth in the notice from
the CITY.
11
25. DEFAULT BY CITY.
PIM may terminate this Agreement for cause upon CITY'S failure to perform any of the
terms and conditions of this Agreement if such failure in performm~ce was not remedied by
CITY within thirty (30) days after receiving notice in writing of such default, or in cases where
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and PIM'S intention to terminate if not corrected and which
remedial measures must be completed within a reasonable time set forth in the notice from PIM.
26. TERMINATION WITHOUT CAUSE.
Either party may terminate this Agreement, without cause, by providing written notice to
the other party if such notice is sent prior to June 1st of the preceding year of the Event date.
27. NOTICES.
Any notices submitted or required by this
certified mail and addressed to the parties as follows:
To the City:
Agreement shall be sent by registered or
David Harden, City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
To PIM: Player's International Management, Inc.
Re: USTA 12 & Under Super National
Spring Championships
30 N.W. 1st Avenue
Delray Beach, FL 33444
or to such other addresses as either party may designate in writing.
28. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes alt prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and section headings are for co.nvenience only. All interpretations shall be governed
by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other
12
breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
29. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, PIM agrees to indemnify,
defend, save and hold CITY, its officers, agents, employees and assigns and Dubin &
Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action,
liens or judgments of any kind or nature whatsoever which may arise out of, in connection with,
or because of the use, maintenance, or operation of the licensed facilities, including but not
limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths
and grassy areas, by PIM or its officers, agents, employees, or independent contractors, and
invitees including but not limited to those resulting from or arising out of (a) by any act done or
words spoken by PIM, its players, agents or employees; (b) any damage done to the premises or
any part thereof caused by the act or omission of either PIM or any player, agent or employee of
PIM: (c) the breach by PIM of any term of this Agreement; or (d) any breach or alleged breach
of any warranty or obligation undertaken by PIM in this Agreement. PIM shall pay all claims,
losses, liens, settlements or judgments of any nature whatsoever in connection therewith,
including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in
the name of CITY when applicable.
(b) PIM agrees to defend all actions to which this Paragraph 29 applies, in the name
of CITY provided, however, that CITY reserves the right to select its own legal counsel to
conduct any defense in any such proceeding which selection shall be reasonable under the
circumstances. All costs and fees associated therewith si~all be the responsibility of PIM under
this indemnification agreement.
(c) Such indemnification shall be limited to the amount of commercial general
liability insurance which PIM is required to obtain under this License Agreement.
(d) Nothing contained herein is intended nor shall be construed to waive CITY'S
rights and immunities under the common law or Section 768.28, Florida Statutes, as amended
from time to time. The provisions of this Paragraph 29 shall survive the execution, delivery and
performance of this Agreement.
13
30. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site by PIM,
its agents, employees, representatives, independent contractors or invitees. CITY is hereby
expressly released and discharged from any and all liabilities for any loss, injury or damage to
such property that may be sustained by reason of the use and occupancy of the Site under this
Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and
agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against
the CITY relating to personal property as contemplated by this paragraph, and where such claim
or cause of action is not founded on the negligent, reckless or intentional action of the CITY
(including employees and agents), then PIM shall defend any such action in the name of CITY
provided, however, that CITY reserves the right to select its own legal counsel to conduct any
defense in any such proceeding which selection shall be reasonable under the circumstances. All
costs and fees associated therewith shall be the responsibility of PIM under this agreement.
31. INDEPENDENT CONTRACTOR STATUS.
PIM and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement or for any other reason whatsoever. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking or venture between the parties hereto.
32. WARRANTY.
Except as otherwise provided for herein, the CITY and PIM represent that they have, to
the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations
hereunder without breaching the terms of any other agreement to which either PIM or CITY is a
party.
33. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of PIM and the successors and assigns
of PIM. The rights granted PIM hereunder shall be exclusive to it and shall not, without the
prior written consent of CITY, be transferred or assigned to any other.
14
34. RESERVATION OF RIGHTS.
All rights not herein specifically granted to PIM with respect to the Event shall be and
remain the property of CITY.
35. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and PIM in respect to
the subject matter of this Agreement and supersedes all prior agreements.
36. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall it create
any obligation, whatsoever, on the part of PIM or CITY, or either of them, unless and until it has
been signed by representatives of PIM and CITY and delivery has been made of a fully-signed
original.
37. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any rights or
remedies under or by reason of this Agreement upon any person other than the parties hereto and
their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in
this Agreement intended to relieve or discharge the obligation or liability of any third persons to
any party to this Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement.
38. VENUE.
Any action brought to enforce the provisions of this Agreement shall be brought in a
court of competent jurisdiction in Palm Beach County, Florida.
39. APPROVALS. All approvals to be given by a party under this Agreement shall not be
unreasonably withheld or delayed.
15
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
David Schmidt, Mayor
Approved as to Form:
City Attorney
WITNESS:
(print or type name)
PLAYERS INTERNATIONAL,
MANAGEMENT, INC.
By:~
Name Printed:
Title: ]9~ ~y,h/~.,., .-/
STATE OF ~l 6"r-~t~L-
COUNTY OF 9{9-~x-
The foregoing instrument was acknowledged
P6¥-~4f, 200_Z by ~Lt~L~C ~)aC~ ,
INTERNATIONAL MANAGEMENT, INC., a
corporation. He/gl~ is personally known to
SEAL
before me this [ 2,fk
day of
P/"e_~ ~ t~v--'f- of PLAYERS
corporation, on behalf of the
me/o: has preduc~d.~
Si~ture of Notary ~'ublic
16
EXHIBIT
A
Initials
EXHIBIT B
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR AGREEMENT
WITH PLAYER'S INTERNATIONAL MANA.,GEMENT~ INC.
PIM shall not commence operations under the terms of this Agreement until certification
or proof of insurance, detailing terms and provisions of coverage, has been received and
approved by the City of Delray Beach Risk Manager. If you have any questions call
(561) 243-7150.
The following insurance coverage shall be required.
Worker's Compensation Insurance covering all employees and providing benefits
as required by Florida Statute 440 and including Employers Liability coverage,
regardless of the size of your firm. PIM further agrees to be responsible for
employment, control and conduct of its employees and for any injury sustained by
such employees in the course and scope of their employment.
Comprehensive commercial general liability insurance to include coverage for
premises and operations, independent contractors, broad form contractual
liability, personal injury, and if items are sold, products and/or liquor liability, in
connection with the contractual relationship and activities being done under this
agreement. The policy will be endorsed to include the City of Delray Beach and
it's designees named as additional insureds.
The insurance will be written on an occurrence basis with the limits of liability
not less than $2,000,000.00 combined single limit per occurrence, and as an
annual aggregate, covering bodily injury, property damage and personal injury.
Motor Vehicle Liability Insurance covering all vehicles associated with PIM'S
operations to include all owned, non-owned and hired vehicles.
The coverage will be written on an occurrence basis with limits of liability not
less than $1,000,000.00 combined single limit per each occurrence.
Do
The certification or proof of insurance must contain a provision for notification to
the City thirty (30) days in advance of any material change in coverage, non-
renewal or cancellation.
PIM shall furnish to the City, Certificate(s) of Insurance evidencing insurance required
by the provisions set forth above, thirty (30) days prior to the holding of the event. If so
requested by the City, certified copies of insurance policies will be provided by PIM.
If any of the above coverages expire during the term of this agreement, PIM will provide
a renewal certificate at least ten (10) days prior to expiration.
Mail to City of Delray Beach, Attn. Risk Manager, 100 N.W Is~ Avenue, Delray Beach, Florida 33444.
EXHIBIT "C"
AMENDED AN'rD RESTATED AGREEM2ENT BETVIrE, EN COCA-COLA
ENTERPRISES, ]2q'C., D/B/A FLORIDA COCA-COLA BOTTLING CONEPA...NrY
ANrD THE CITY OF DELRAY BEACH~ FLORIDA
TI'lIS AMENDED and RESTATED AGREEMENT between COCA-COLA
ENTERPRISES, INC., dFo/a FLORIDA COCA-COLA BOTTLING COMP~ (Coca-
Cola) and the CITY OF DELRAY BEACH, FLORIDA (City) is made this /,,7_'t~day of
~, 2000.
WlTNESSETH'
~rI'IEREAS, Coca-Cola and the City entered into an Agreemem on May 2, 1997,
known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and
WI-IEREAS, Coca-Cola and the City wish to amend and restate the terms of the
Agreement dated May 2, 1997; and
NOW, THEREFORE, for the mutual promises, covenants, and agreements contained
herein, the parties covenant and agree as follows:
1. That the recitations set forth above are incorporated as if fully set forth herein.
2. The term of this contract shall commence upon execution by both parties and
extend until May 2, 2003.
3. Coca-Cola shall have exclusive pouring rights at the Delray Beach Municipal
Tennis Center (Tennis Center), except as provided by paragraph 8.
4. Coca-Cola shall have the full service vending placements as provided by
Exhibit "A", attached hereto and incorporated herein. Coca-Cola shall provide 24 hour, 7
days a week priority service for all mechanical problems with its equipment. Response time
bottled water.
Coca-Cola.
will be within 24 hours of the service call. Response time for emergency fountain service
shall be within 2 hours of receiving a service call.
Coca-Cola shall provide the brand names as shown on Extfibit "B" as well as
The vending machines shall be filled by a full service driver employed by
6. Coca-Cola shall reimburse the City the following mounts from the sales it
from the vending machines listed on Ex.h.ibit "A":
soft drinks, 12 oz. cans - 15% of net sales
juice, 11.5 oz. cans - 12% of net sales
bottled water, 16 oz. bottles - 12% of net sales
soft drinks, 20 oz. bottles - 15 % of net sales
isotonics, 11.5 oz. cans- 12% of net sales
Coca-Cola shall provide on an annual basis throughout the 3 year term, the
following items:
Promotional items to the
Parks and Recreation Dept.
T-shins/Youth Uniforms
Program Printing
Scoreboards
Snacks (afterschool program)
a).
Yalue
$2,000
$ 500
$6,000
$1,500
b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,1900 to be
used at the discretion of the City.
c). Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to
the City.
d). Coca-Cola shall provide ~e City, in reasonable quantities as requested by the
City, at no charge, the following items for special evems:
Special Event Trailers
55-Gallon Plastic Barrels
Special Event customized 3' × 10' banners
64-Quart Ice Chests
:t0-Galon Thermo Coolers
Vendor Hawking Trays
Advanced booking of sixty days is requested to insure availability
8. During the term of this Agreement, the City shall be entitled to twelve (12)
blackout days, annually, where the City may seek other sponsorships for events at the Tennis
Center. The City shall provide 30 days notice to Coca-Cola of its intent to use all or part of
the 12 blackout days. If the City fails to notify Coca-Cola as provided for herein, Coca-Cola
shall have the right to provide carbonated soft drinks, isotonic beverages, and bottled water for
the Tennis Center event.
9.
Tournament
If Coca-Cola provides exclusive beverage pouring rights during the ATP
owned by Match Point, Inc., (,presently known as the Citrix Tennis
Championships and referred to hereinafter as "Citrix Tournament"). Coca-Cola shall also
provide the following at no cost:
a). ITEMS VALUE
Donated Product (225 cs) $2,625
Donated Pre-Mix Tanks (30) $ 510
Barrel Coolers (15) $1,500
Vlsi-Coolers (10) $2,000
Custom Banners (5) $1,000
Media Tags (138) $24,150
b). In addition, Coca-Cola will create a custom in store promotion with a local
retail partner, supported by point-of-sale (value of $30,000.00). Coca-Cola shall also provide
ten (10) thematic truckbacks promoting ~e Citrix Tennis Championships scheduled z~ weeks
prior to the event (value of 530,000.00).
c). Additional equipment that shall be available at no charge to the City for the
Citrix Tournamem, in reasonable quantities as requested by the City, is as follows:
Special Event Trailers
55-Gallon Plastic Barrels
48-Quart Ice Chests
Vendor Hawking Trays
Portable Pre-Mix Units
Menu Boards
On site truck to store product
d). Pricing for Coca-Cola'$ product shall be as follows for the Citrix Tournament:
PACKAGE PRICE
20oz CSD $16.25
12oz CSD $ 6.75
20 oz PowerAde $15.00
20 oz Dasani Water 510.60
20 oz Fruitopia $16.25
16 oz Minute Maid Juices 516.25
A rebate of $2.75 on 20oz CSD, and $1.50 on 12oz CSD will be paid to the City for
all net purchased cases. All products must be purchased directly from the West Palm Beach
Coca-Cola.
e). Coca-Cola shall also receive two (2) four seat boxes for all sessions of the
Citrix Tournament as well as ten (10) additional reserx cd tickets for all sessions.
10. Should the City fail to use its blackout days and Coca-Cola declines to exercise
its rights to sponsor the Citrix Tournament, the City will be permitted to seek outside
sponsorslaip for the Citrix Tournament or other events during a blackout period. Coca-Cola
retains its exclusive pouring rights at the Termis Center subject to Paragraphs 8 and 9.
11. Coca-Cola shall offer the Full Service Bounce Back Program to the City. As
part of the program Coca-Cola shall attempt to place up to 25 full service vending machines at
4
various business and retail outlets. These business and retail outlets would then allow the
commissions received from the vending machines to be relinquished to the City.
12. This Agreement shall be governed by the laws of the State of Florida as now
and hereafter in force. The venue for actions arising out of this agreemem shall be Palm
Beach County, Florida.
13. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses to:
As to City: CiD' of Delray Beach, Florida
100 N.W. 1st Avenue
Dekay Beach, Florida 33~.~.~.
As to Coca-Cola: Florida Coca-Cola Bottling Co.
6553 Garden Rd.
Riviera Beach, FL 33404
14. Coca-Cola shall not, without prior written consent of the City, assign any
portion of its interest under this contract and, specifically, Coca-Cola shall not assign any
moneys due or to become due without the prior written consent of the City.
15. The City and Coca-Cola each binds itself, its partners, successors, assigns and
legal representatives to the other parry hereto in ~, <peet to all convenants, agreements and
obligations contained in the contract documents.
16. Coca-Cola, for good and valuable consideration shall indemnify, defend and
save harm]ess the City, its officer's agems, and employees, from or on account of any claims,
damages, r~ceived or sustained by any person or persons resulting from the work provided for
this Project; or by or in consequence of any negligence in connection with the same; or by use
of any improper materials or by or on a~count of any use of any improper materials or by or
on account of any act or omission of Coca-Cola or its subcontractors, agents, servants or
employees. Coca-Cola agrees to defend, indemnify and save harmless the City its officers,
agents and employees, again.st any liability arising from or based upon the violation of any
federal, state, county or city laws, by-laws, ordinances or regulations by Coca-Cola, its
subcontractors, agents, servants or employees.
Coca-Cola further agrees to defend, indemrfify and save harmless the City, its officers,
agents, or employees from all such claims, fees, and from any and all suits and actions of
every name and description that may be brought against the City or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against the City, its officers, agents, or
employees for the infringement of any and all patents or patent rights claimed by any person,
fn'm or corporation.
The indemnification provided above shall obligate Coca-Cola to defend at its own
expense or to provide for such defense, at the City's option, any and all claims or liability and
all suits and actions of every name and description that may be brought against the City, its
officers, agents, or employees which may result from the operations and activities under this
contract whether the work be performed by Coca-Co,a. its subcontractor or by anyone directly
or indirectly employed by either. This indemnification includes all costs and fees including
auorney's fees and costs at trial and appellate levels.
17. It is recognized by Coca-Cola that the City's Municipal Tennis Center has been
financed with proceeds of tax exempt debt and may be re-financed from time to time in the
future and that the Internal Revenue Code of 1986, as amended, limits the private use of
governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in
order to maintain the tax exempt status of the debt issued to finance the same. This
6
Agreement shall automatically terminate, without any required notice by the City, if any
payment required to be made under the provisions of the Agreement with the City would,
together with any other private use payments made or required to be made by any other
entiry(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the
exclusion from gross income for federal income tax purposes on any interest obligation (herein
"negative tax consequences") of the City issued to finance or refinance the tennis center or any
part thereof. Such a termination shall not constitute a default on the part of either party to this
Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new
agreement which would contairi different or modified payment terms and/or amounts
acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel,
would not have negative tax consequences.
18. This Agreement shall be considered null and void unless signed by both Coca-
Cola and the City.
The contract documents constitute the entire agreement between the City and
and may only be altered, amended or repealed by a duly executed written
19.
Coca-Cola
instrument.
IN WITNESS WlCIIE~OF, the parties hereto have executed tiffs Agreement, on the
day and year first above written.
ATTEST:
City Clerk
C~r'l'Y OF DELRAY BEACH, FLORIDA
David Schrnidt, Mayor
Approved as to legal sufficiency
and form:
By:
~,~-~.. City Attorney
WITNESSES-
rim 'or 'I'~p~ Name)
~?iint or Type Name)
COCA-COLA ENTEP. PKISES, INC.
(Print or Type Name)
(SEAL)
STATE OF ~ [~ O~'~
COUNTY
(nme of officer or agent, title of offic~ or agent), of ~~~ [~ ~ ~
(name of co~oration ac~owledg~g), a ~~~ (state or place of ~co~oration)
co~oration, on behalf of ~e co~orafion. He/She ~s persomll7 ~own to m~ or has produced
(Vpe of identification)~ ~3enfifmatio~ P
ffg~ ~blic i ~e of Borida
Numbe~ o~ vendin~ machines to ~e
~oca~ion~ as lis~ed below:
LOCATION
A=lan~ia Ounes Park
South AIA & Lin=on Blvd.
City H~ll
100 N.W. Firs= Avenue
1st fl=or
2nd fl=or
City Garage - PuPil= Works Division
434 $. Swin=on Avenue
Environmental Service= Complex
434 $. Swin:on Avenue
(breakroom)
Knowles Park
SE 6th Avenue and Inter=oas:al
Police Department
300 Wes= A~lan~ic Avenue
Parks Maintenance
FAre $~a=ion Central
501 West Atlantic Avenue
1st and 2nd Floor
10. Fire Stacion #2
35 Andre,ws Avenue
4321Lak,~ Ida Road
4000 Old Germantown Road
13. Pompey Park
101N.W. 2nd Street
provided
NUMBER OF
~CHINZ$
1
=wen:y-one
EXH/BI~_. A cont ............
LOCATION
14. Community Ccn[cr
50 N.W. F'u'st Avenue
:201 W. Atlanzic Avenue
16. Ad,It Ceater
801 N.£. Fir~ S=eet
17. Wat,-r Tr~=ncnt Plant
600 S.W. ~d Av~uc
~{ Atl~ic 4 AIA
19. Ci~ M~na
159 Ma~ne Way
20. A~h~r P~
Sou~ Ci~ a~ ~ A IA
21. ~iii~P~
LMmn ~ S.W. 4~ Argue
NUMBER OF
A
V
AMENDMENT NO. 6 TO AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC.
THIS AMENDMENT NO. 6 to the Agreement between the CITY OF DELRAY
BEACH (City) and MATCH POINT, INC. (MP) is made this day of
,200 .
WITNESSETH:
WHEREAS, the City and MP entered into an agreement dated November 5,
1998 (the Agreement) an Amendment No. 1 dated September 22, 1999, an Amendment
No. 2 dated January 28, 2000, an Amendment No. 3 dated June 7, 2000, an
Amendment No. 4 dated December 6, 2000 and an Amendment No. 5 dated May 8,
2002; and
WHEREAS, MP currently has the exclusive use of the office/ticket building
located adjacent to the Community Center;
WHEREAS, the City desires to enter into an Agreement with Players
International Management, Inc., (PIM), and grant PIM non-exclusive use of the
office/ticket building;
WHEREAS, MP agrees to this Amendment No. 6 to allow PIM the use of the
office/ticket building in conjunction with MP's use.
NOW, THEREFORE, for good and valuable consideration, herein provided, the
City and MP agree as follows:
1. The recitations set forth above are hereby incorporated as if fully set forth
herein.
2. That Section 1.05(Q) is hereby amended to provide that MP shall waive its
exclusivity of the use of the office/ticket building in order to allow PIM use of the
office/ticket building. PIM's use shall be to the same extent as provided for MP. PIM's
use shall be for the period of time as allowed by the Agreement between the City and
PIM and shall coincide with MP's use of the office/ticket building.
3. The original agreement dated November 5, 1998, the Amendment No. 1 to
the Agreement dated September 22, 1999, Amendment No. 2 dated January 28, 2000,
Amendment No. $ dated June 7, 2000, Amendment No. 4 dated December 6, 2000,
Amendment No. 5 dated May 8, 2002 and this Amendment No. 6, constitute the entire
agreement between the parties with respect to the subject matter hereof and
supercedes all prior verbal or written agreements between the parties with respect
thereto. The Agreement dated November 5, 1998 and any amendments thereto
remains in full force and effect except as expressly modified herein.
4. This Amendment No. 6 to the Agreement (dated November 5, 1998) shall
be effective upon the approval by the City and by MP.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
By:
City Clerk
Approved as to legal sufficiency
and form:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
2
WITNESSES:
Print Name: ~, ~ ,-.~ ,...
Print Name:
MATCH POINT, INC.
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The
/~9_4~A_'~r , 2002, by
as pr-,~ ~;
foregoing instrument was acknowledged before me
corporation.
this I Z q'kday of
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
~::~ O-,~L.O~ (state or place of incorporation) corporation, on behalf of the
H~ is personally known to me ,.,, ,,ao produced
t+,,,,,,,.j,.~ ,,,_. !dcntlf~c,~~cation.
otary ~,~51ic - State of Florida
'COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT/,~
JANET MEEKS, EDUCATION COORDINATO~/~,._.--
MEETING OF NOVEMBER 19, 2002
RFP 2002-47 - REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF t 1 SINGLE
FAMILY HOMES (SWINTON GARDENS)
RFP 2002-47 called for qualified developers and/or contractors for the construction of eleven (11) single
family homes in Swinton Gardens under the City's First Time Homebuyers Affordable Housing Program.
Swinton Gardens is located at the northwest corner of Swinton Avenue and SW 10th Street. The City platted
the subject property which includes 11 single family lots, a park tract, and perimeter landscape easement.
The installation of the infrastructure, for example the roads, sewer, water, sidewalks, perimeter landscaping,
and park amenities were designed by the City's Engineering Department and funded through CBDG and
SHIP program dollars. The City is currently installing these improvements. The City received four proposals
from the following builders: Fine Built Construction, Inc., Grayhawk Group of Companies, Mason
Corporation, and Randolph and Dewdney Construction, Inc.
The RFP Review Team consisted of six members including Lula Butler, Director of Community
Improvement; Kendra Graham, C.D. Program Coordinator; Janet Meeks, Education Coordinator; George
Diaz, Chief Building Official; Randal Krejcarek, City Engineer; and Carmelita Smith, Community
Development Corporation.
The RFP included 5 Evaluation Criteria: 1) The quality of the proposed single family units with the largest
square footages and greatest number of two car garages. 2) The creativity of the building elevations and
landscaping that complemented the elevation of the unit. 3) The qualifications of prior similar experience
and capabilities of the developer and/or contractor and their ability to complete the project. 4) The financial
stability of the developer and/or contractor. 5) Extent of local representation on the development team.
The RFP Review Team ranked the builders in the following order:
1. Randolph and Dewdney Construction, Inc.;
2. Fine Built Construction, Inc.;
3. Grayhawk Group of Companies; and
4. Mason Corporation.
The RFP Review Team ranked Randolph and Dewdney Construction first based on their proposal meeting
the closest intent of the RFP criteria as discussed above. Their proposal included the greatest variety of
floor plans (5 units) with at least two alternative elevations for each unit. In addition, the floor plans provided
for the greatest square footages and all but one of the units contained two car garages. The firm has prior
experience in building affordable housing and they are a local firm.
By Motion, approve the RFP Review Team's recommendation for Randolph and Dewdney Construction,
Inc. as the builder for the homes to be located in Swinton Gardens.
Attachments: Site Plan, Floor Plans, Building Elevations, and Landscape Plans, Ranking Sheet
Swinton Gardens RFP 2002-47
Randolph Fine Mason
& Dewdne¥ Builders Grayhawk Construction
Lula Butler i 3 2 4
Carmelita Smith 1 3 2 4
Randall Kreicarek 1 2 3 4
Kendra Graham 1 3 2 4
Janet Meeks 1 2 3 4
George Diaz 1 2 4 3
Ranking Order
6 15 16 23
1 2 3 4
il
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Date: November 13, 2002
Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
~,"~ Regular __ Special Workshop ~/-q~onsent
When: November 19, 2002
Description of Agenda Item:
Request for Proposal for the Construction of 11 Single Family Homes (Swinton Gardens)
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approve Recommendation
Department Head Signature: / ~_ ~ _
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:/~e;~)/No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
CITY OF DELRIIY BEACH
CITY ATTORNEY'S OFFICE ~°°~ "~'~"~"~'~'~'~'~"'~'~'~^~" ~'~°"~"~""~
~ POLICE LEGAL ADVISOR ~'~[[~.ON[ 56'/243-7823 ° FACSIMILE 561/243-7815
1993
To:
From:
Date:
Re:
Mr. David Harden, City Manager
Catherine M. Kozol, t ~----"
Police Legal Advisor
November 14, 2002
Firearms Training Agreement
Coral Springs Training Facility
Attached for your review and insertion on the Consent Agenda is an
agreement between the City of Coral Springs and the City of Delray Beach. This
will allow our officers to train at the Coral Springs Training Facility. They plan to
train on the rifle range 2 days in December and then quarterly thereafter. The
total cost to the City of Delray Beach will be under $1,000.00 per year to come
out of Police Department funds.
If this agreement meets with your approval, we will forward this on to the
Coral Springs City Attorney's Office for the required signatures.
Thank you for your courtesy and attention.
Ath/encs.
NOV. 13.2882 4:24PM CORRL SPGS RTTY OFFICE N0.339 P.8/14
LICENSE AGREEMENT FOR FIREARMSfFRAINING FACILITY
TI-lIS AGREEMENT, made and entered into the
200 _ by and between:
dayof
CITY OF CORAL SPRINGS, FLORIDA
A Florida municipal corporation
9551 West Sample Road
Coral Sprin~s, Florida 33065
(hereinafter referred to as "LICENSOR")
CITY OF DELRAY BEACH, FLORIDA
A Florida municipal corporation
300 West Atlantic Avenue
Delray Beach, Florida 33444
(h~reinafter referred lo as "LICENSEE")
WHEREAS, LICENSOR currently operates a firearms training facility known as
thc CITY OF CORAL SPRINGS POLICE FIREARMS/TRAINING FACILITY, located
at 4200 N.W. 121st Avenue; and
WHEREAS, LICENSEE is desirous of usln§ the facilities of this range for the
continued marksmanship and training of its members; and
WHEREAS, Resolution No. 91-201, which I;~edes Resolution No. 84-56,
adopted by the Cily Commission of the City of Coral Springs, authorizes the Coral
Springs Police Department to enter into an agreement to share ~hc facility whenever it is
deemed to bc in thc best interest of public saf~y and the citizens of Coral Springs;
IN CONSIDERATION of the covenants and conditions herein expressed and of
the faithful performance of all such covenants and conditions, LICENSOR and
LICENSEE do mutually agree as follows:
S~ction 1. TERM OF AGREE~
t.01 The term of this Agreem~ shall be from to
and shall be automatically renewable fi.om year to year for
twelve (12) month periods. However, either party may terminate this Agreement
by providing thirty (30) days written notice.
MOV. 13.2802 4:24PM CORAL SPGS ATTY OFFICE M0.339 P.3/14
S~ction 2, DUTIES AND RESPONSIBILITIES OF LICENSEE
2.01 LICENSEE and its membcrs shall have uso of the range upon schcduling
dates and times with the Coral Springs Po[icc Department (CSPD) Kange Officer,
Use of the range by LICENSE~ is normally rcstdcted to thc normal range
operating hours of 8:00 a.m. to 3:00 p.m., Monday through Thursday, but may bc
schedulcd at other times at additional cost to the LICENSEE, subject to range
avail,,bility, and if convenient for range operation. The CSPD Range Officer will
schedule the use of thc range on a first-como, first-serve basis. LICENSEE shall
be aware that o~hcr portions of the facility may be simultaneously scheduled for
other events, as long as a safcty conflict will not arise.
2,02 LICENSEE shall be responsiMc for providing the following:
(a) a Florida Criminal Justice Standards and Training Commission
Qualified Firearms Instructor;
(5) persormcl to opcrate faciliW equipment;
(d) gu- cleanins equipra~m;
(e) eye and car protection and a baseball s~le hat with at least a 3 inch
bzim;
(f) Winchester Super Clean NT, lead free non-toxic ammunition or an
equivalent as determined by the CSPD Range Officer. This applies to all
pistol, rifle, shotgun, simunlt/on, or any other type of ammunition thc
LICENSEE may care to use when shooting in either of thc covered
handgun ranges. Other types of rifle ammunition may be fired on the
outdoor rifle range with fl~e appwval of the CSPD Range Officer.
(§) all audio-visual equipment uccessax~, for their training;
(h) any oth~ equipment needed to assist LICENSEE with its training
or use of the facility.
2.03 LICENSEE shall be respomible for ensuring its personnel is in compliance
with thc following roles/regulations:
(a) All provisions of the CSPD General Order 15, Operation oft.he
FirearmsflYaining Facility;
Co) Smoking, cliewing of tobacco, the use of snuff, or any other similar
product is prohibited on the entire facility grounds;
2
NOV. 13.28~2 4:25PM CORAL SPGS ATTY OFFICE M0.339
(C) Shotguns using O0 buck loads will be fired only within fiflem (I 5)
yards of the bullet trap;
(d) Loading and unloading of weapons will only take place on thc
firing line facing toward the bullet trap. This prohibits loading/unloading
at any other location at the facility;
(c) Mach/nc guns can bc fired in full automatic mode only within
fifteen (15) yards of the bullct trap;
(f) Usc of the riflc range requires that the sho~s will be fired from the
fixed one hundred (100) yard line shooting position. Shots fired from any
other location are prohibited. Violations of this section will result in the
CSPD Range Officer immediately stopping all shooting and ordering the
LICBNSEB to vacate the premises. Any violations of this restriction may
ban the LICENSEE from use of the rifle range permanently;
(§) Tra/ning activities/courses, crc. will be cleared with the CSPD
Range Officer prior to engaging in training. The Range Officer shall
require a copy of the training lesson plan be supplied prior to using the
facility. The lea~on plan will contain full de~J.ls of the planned shooting
drills that the LICF_,NSEE will use on thc CSPD ranges. There will be no
variation from those drills without prior approval of the CSPD Range
Officer. A copy of the lesson plan will be kept on file at the CSPD range.
The CSPD Rmge Officer shall halt or require a change in planned
activities judged to be tmsaf¢ or not in the best interest of the facility or
the CSPD;
00 Use of any portion of the facility requir~ cleanup be completed
prior to leaving. Tiffs may include, but is not limited to, picking up all
shell casings and live ammo, removal of all targets, cleanup of all cups,
papers, training aids, eye and ear protection, securing of audio/visual
equipment, and cleanup of any spills or stains;
(i) Use of chemical agents at the facility is restr/cted to limited O.C.
spray familiarization training. Other chemical agents are prohibited. O.C.
spray may only be used in designated areas. Use of O.C. spray in the
covered handgun ranges is pxoln'bited;
(j) Use of the CSPD Special R~ponsc Team obstacle course is
proh/bited without prior written approval from the CSPD Special
Response Team Commander. Copies of thc approval shall be supplied to
the CSPD Range Officer prior to using the course;
(k) The area east of the new covered handgun ranges, which
previously was used as a range, is closed to all firearms shooting.
I"IOV. 13.L:~02 4:25PM CORAL SPGS RTTY OFFICE N0.339 P.5/14
Simun~fion that udliz~ lc, ad/heavy metal fre~ prlmcrs will be authorized
for this aroa, wh~ the area is opened for such activity;
0) The moving targets may be used by thc LICENSEE under the
following conditions:
i. No shots will be fired from a position greater than
the fifteen (15) yard line on Ran~ #1 and will be fired only
from a position that will ensure that fired rounds impact
h~to thc bullet trap;
ii. No shots will be fired from a position greater than
the eighteen (18) yard line on Range #2 and must be
directly in line with the in/out movement of the target, i,e,,
angled shots arc prohibited;
iii, No shots will be fired at thc moving target once the
targot has reached or passed the shot boundary marker.
Thc shot boundary markers will be erectcd by thc shootcrs
using the moving target system.
(m) All personnel using any of thc CSPD ranges will only tire from
distances where thc-y can maintain their fired shots within a standard 24 x
45 inch target. An example would be an individual that can maintain their
shots fired within the target from distances out to fifteen (15) yards, bm
was unable to do so at distances beyond fifteen (15) yards. That
individual would not be authorized to shoot from beyond the fifteen (15)
yard line until training and practice had increased the indiviudal's skills to
the poinl that shots could be kept in the target from distances beyond the
fifteen 05) yard line. It is the responsibility of the LICENSEE to ensure
that the LICENSEB's Firearms Instructors and p~rsonnel meet and enforce
this standard. The CSPD Range Officer will stop any firearms training by
thc LICENSEE's personnel if the CSPD Range Officer is aware that this
staiutard is not being met;
(n) Any costs incurred due to damage to the moving target system,
target luming mechanism, lights, or any other e, xtuipment present in the
range resulting from the LICENSEE's use, is immediaIely recoverable by
the LICENSOR upon the issuance of an invoice covering the cost of
repairs which will include parts and labor;
(o) Accidental discharges shall bc reimrted to thc CSPD Range Officer
as follows:
i. Shots fired on thc range and contained within thc range,
with no injuries or proper~y damage occurring, do not requir~
4
NOV. la,2~02 4:25PM CORAL SFaS RTTY OFFICE
N0.339
reporting. Injuries, damage to property, or shots that may have
escaped containment in the range requ/re a whttcn report;
ii, Shots fired anywherc outside of the actual range, or any
shot that may have escaped containment, must be reported to the
CSPD Range Officer immcdlatcly;
iii. Simts fired within the range that cause damage to range
property, such as lights, the moving target systcra, etc, will be
reported to the CSPD Range Officer as soon as practical but prior
to leaving the facility. If the damage causes an unsafe condition,
or if an injury occurs, thc CSPD Range Officer will be notified
immediately;
iv. The LICENSEE's personnel involved in a reportable
a~cident~l discharge will remain a! thc Firearms Training Facility,
unless injured, to complete any necessary reports. The
LICENSEE's persormel are required to assist in ~e reporting
process, give a statement, and make their firearm0 available for
h~pection and tcstlng. This include~ witnesses to thc incidant.
2.04 The LICENSOR's covered handgun rangcs are lead/heavy metal free
ranges. The usc of any ammtmition not lead/heavy metal free is prohibited. If
there is a qucstion about the use of any ammunition on the ranges, the LICENSEE
must contact the CSPD Range Officer for permission to usc the ammunition prior
to usage. Ammunition to bc used on the covered handgun ranges must be
Winchester Super Clean NT, lead free non-toxic ammunition or an equivalent as
determined by the CSPD Range
(a) The use of any ammunition on thc covered |Landgun raugcs thai
docs not meet the lead/heavy metal ~ree statulard will result in the CSPD
Range Officer immediately stopping all shooting and ordering thc
LICENSEE to vacatc the premises. Thc LICENSEE will then bc
responsible for all e~enses associated with the cleanup of any lead/heavy
metals associated with the ammunition;
(b) The use of armor piercing and incendiary ammunition is
prohibited.
2.05 LICENSEE shall require that all their personnel on the range shall wear eye
and ear protection and a baseball style hat when any person is discharging any
firearm.
2.06 LICBNSE]~'s personnel shall only clean firearms or other equipment in the
covercd handgun ranges, xifle range, or in the firearms clcaning room. The
clcening of firearms in other areas is prohibited.
HOV. 13.2002 4:2GPM CORAL SPGS ATTY OFFICE HO. B39 P.7/14
S~ctiOn 3.
3.01
2.07 LICENSEE shall not store any firearms, ammunition, targets, cleaning
equipment or training equipment at the LICF. N$OR's facility.
2.08 LICENSEE shall have use of classroom #1 upon reservation made two (2)
weeks in advance, and if not previously reserved by any other party.
2.09 LICENSEE shall abide by all rules and regulations that LICENSOR may,
from time to time, make or adopt for the care, protection and operation of the
facility,
2.10 LICENSEE shall not use the facility unless LICENSEE's firearms instructor
is pro~ent.
2,11 Only LICENSEE's sworn personnel will be authorized to use the facility.
Sworn personnel are definect as a fulltime law enforcement officer, a part-time
law enforcement officer or an auxiliary law enforcement officer ptlrsuatlt to
Section 943.1 O, Florida Statutes.
2.12 LICENSEE shall attend meetings of licensees of the Fircam~Training
Facihty which will be scheduled by thc CSPD Ran/lc Officer for thc purpose of
amendments, updates and review of the operating procedures for the facility.
Attendance at the meeting is required in order to maintain scheduling rights for
firearms training. The meeling shall be conducted after thirty (30) days notice to
the LICI~iNSBB and will be held at the facility. At thc discretion of the CSPD
Range Officer, there will be no rne~ting if there arc no changes or updaes for
range operation.
DUTIES AND RESPONSIBILITIBS OF LICENSOR
LICENSOR shall provide the following:
(a) the pistol and/or rifle ranges',
(b) a range officer to demonstratc the proper usc of facility
(c) classroom #1 for classroom training, if available;
(d) serviceable target backers.
MOV. 13.2~2 4:26PM CORAL SPGS ATTY OFFICE N0.339 P.B/14
Section 4, COMPENSATION
4.01 LICENSBE shall pay LICEI~SOR according to the following schedule:
(a) Use of one (1) h~nagun bay - $250,00 per day or $25.00 per
person; for use outside of normal range operating hours the f~e shall
increased to $450.00 per day;
Co) Use of one (I) handgun bay plus the rifle range - $300,00 per day
or $30.00 per person; for use outside of normal range operating hours thc
&c shall be increased to $500.00 per day;
(c) Use of the rifle range only - $50,00 per day or $25.00 per person;
for usc outside of normal range operating hours the tee shall be increased
to $250.00;
(d) Use of~he Firearms Training Simulator (FATS) - $50,00 per hour
figured to thc nearest quarter (1/4) hour; for use outside of normal range
operating hours the fee shall bc increased to $75.00 per hour to thc nearest
quarter (1/4) hour with a three O) hour minimum charge; the FATS
~uipment will be operated by CSPD personnel, however, the LICENSEE
shall have an instructor present at all times anc~ shall be responsible for all
training of the LICENSEE's personnel and thc entire content of the
~raining;
(e) Use of any portion of thc facility that starts during nonnal
operating hours that carries pas~ normal operating hours will activate the
higher fee schedule for this part of the facilityl
(f) The fee for usage of classroom 2A or lib is $15.00 per hour;, the
fee for the rental of both classrooms 2A and 2B is $20.00 per hour.
4.02 A thirty (30) day delinquency in the paymmt of this license fee shall
constitute a breach of this Agreement. Should LICENSEE become delinquent by
more than sixty (60) days in any of its payments to LICENSOR, this license shall
automatically terminate and shall not be resumed until such time as all delinquent
payments are brought current.
Section 5, ACKNO~E~S
$,01 LICENSEE aclmowledges that firearms training is an inherently dangerous
activity and expressly assumes any risk of any harm while it or any of its agents,
employees, members or guests are present at or using the Coral Springs
Firearms/Training Facility.
~0V.~3.~00~ 4:2GPM CORRL SPGS RTTY OFFICE h~.BBD
~ection 6. INDP_MI~ICATION
6.01 To the fullest extent permitted by laws and r~gulations, L/CF~SEE agrees
to indemnify, save and hold LICENSOR, its office~s, agen~ and employees,
harmless from any and all claims, damages, liabilities, losses, causes of action,
li~-ns or judgments of any kind or nature whatsocvcr which may arise out of, in
connection with, or b~aus~ of the use or operation of the licensed facilities,
including but not limited m, the exterior facilities and grounds, parking areas,
pedestrian wallc'wa~ vehicular paths and grassy areas by LICENSF.~ or its
officers, agents, employees or guests. LICENSEE shall pay all claims, losses,
lie~s, settlements or judgments of any nature whatsoevg in conn~.tion therewith,
including but not limited to reasonable attorney's fe~, including attorney's fees
on apical, and co,ts to defend all claims or suits, in the name of LICENSOR
when at~licable.
6.02 To the fullest extent permitted by laws and regulations, LICENSEE agrees
to defend all actions in tl~ name of LIC~.NSOR. provided, however, that
LICENSOR reserves fl~e right to select its own legal counsel to condu~t any
defense in any such pwcccding. All ~sts and fees associated th~ewith shall be
thc responsibility of LICENSEE under this inden~ification agreement.
6.03 Nogxing contained herein is intended nor shall be construed 1o waive
LIC~NSOR's or LICENSEE's rights and immunitics under the common law or
Section 768.28, Florida Statutes, as amended from timc to time. Thc provisions
of this Section shall suwive the cxecution, dclivery and performance of this
Ag~eemcnt.
Section 7. I~SURA~CE
7.01 LICENSEE shall secure and ma/ntain, at i~ own expense, and keep in effect
during the full period for which the privileges heretmder are granted, a policy or
policies of insurance, which must include the following coverages and minimum
limit~ of liability.~
(a) Worker's compensation and employer's liability insurance for
all employees of the LICENSF.~ engaged in work under this Agreement
accordance with thc laws of~he state of Florida. LICENSEE fur~cr
agrees to bc responsible for thc eanployr~en~ control and conduct of its
employees and for any injury sustained l~y such mnploy~ in the course of
flick employment. The amount of employer's liability insurance shall not
be l~ss than:
$100,000 each accident (sIat'u~ry minin
* If LICE~SF, I~ is a quahficd setf-ins~e~ pttrauant to SecUon 761
provide a letter from ils Risk Management Dc~partmcnt iflformmg
,tun)
.28, l~lorida Sinai, s, LIC~'~EE shall
LICI~NSOR of same.
NO¥.13.2B02 4:2?PM CORAL SPGS ATTY OFFICE M0.999 P. 10/14
Co) Contrsemsl liability eoversge in thc amount of $1,000,000 for
bodily injury and prol~rty damage on a per occurrence basis, specifically
insuring the hold harmless detailed in Section 6 of u~is A§rccment.
7.02 If ~xccss liability coverage is utilized to meet ~he required limits for
contractual liability, indication shall be given as to whether the form is the
umbrella form of coverage or other than the umbrella form. The excess liability
shall also afford coverage which is at least as broad as the primary insurance
policies.
7.03 This insurance shall be issued by an insurance company duly authorized and
licensed to do business in the state of Florida. The company must bc rated no less
than class "A" as to financial stability and no less than class "XII" as to financial
size in accordance with the latest edition of A..M. Best's Insurance Cntide,
published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey
08855, if the insurance company is rated as a licens~ carrier by A.M. Best
Insurance. Non-domestic companies that arc eligib!c for writing surplus lines of
coverage as listed by thc Department of Insurance of the state of Florida as being
authorized and approved to do business in Florida may also be utilized, provided
that such companies are authorized and approved by the United States
Departmeni of the Treasury and have agents upon whom service of process may
be made in the state of Florida.
7,04 LICENSEE shall fm'nish certificate(s) of h~surance evidencing the required
coverages which shall be attached as Exhibit "A" to this Agreement prior to
execution of same. Under no circumstances .shall LICENSEE be permitted to
commence use of the premises licensed hereunder without rec~ivhig approval by
LICENSOR of the certificate(s) of insurance. ALL LIABILITY INSURA.NCE
POLICIES SHALL SPECIFICALLY PROVIDE THAT THE CITY OF
CORAL SPRINGS IS AN ADDITIONAL NAIM~D INSURED WITH
RESPECT TO THE REQUIRED COVI~RAGES AND THE OPERATIONS
OF THE LICRNSI!IE UNDRR THIS AGREEMENT.
7.05 The policies of insurance must contain a provision that thc coverages
afforded under the policy or policies will not be canceled, reduced, or materially
changed until at least thirty (30) calendar days prior written notice has been given
to the City Manager of the City of Coral Springs by certified mail, return receipt
requested.
7.06 All required insurance policies sh~.ll preclude any uader~a'iters' ri~ts of
recovery or subrogation against LICENSOR with thc express intention of the
parties being that the required, insurance coverages prote~t both parties as the
prinua'y coverages for any and all losses covered by the above described
insurance.
9
NOV. 13.2002 4:27PM CORAL SPGS ATTY OFFICE MOoBB9 P.11xl4
7,07 Any company issuing insurance to cover the req~ents contained in this
Agreement shall have no recourae against LICENSOR for payment or
assessments in any form on any policy of insurance.
Section 8. ASSIGlqMBNT
LICENSEE shall not assign this Agreement nor permit the premisea to be used by
any other party without first obtaining written consent of the Coral Springs Chief
of Police. Such consent is wholly within the d/scretioa of the Coral Springs Chief
of Police.
Section 9. USE OF PREMISES
LICENSEE shall allow no waste or injury to the premises. In the event such
waste or injury does occur upon the premises as a result of misuse or neglect by
LICENSEE's personnel, then LICENSEE shall be responsible for ali necessary
repairs to the premises, LICENSOR shall det~nrnine the extent of repairs deemed
necessary.
Section 10, ACCN_,PTANCE OF PRNMISE$
In executing tiffs Agreement, LICENSEE agrees it has, made a full examination
and inspection of the licensed premises and equipment and that said premises and
equipmcm are adequate and in satisfactory condition for the uses contemplated
and further that LICENSEE accepts said premises and equipment AS IS,
LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRAiCI1ES,
EXPRESS OR IMPLY, AS TO THE CONDITION OF THE PREMISES OR
THE USE AND OCCUPANCY AUTHORIZED OTHER THAN THOSE
CONTAINED IN THIS AGREEMENT.
Section 11. COMPLIANCE WITH LAWS
LICENSEE slmll comply with all statutes, hws, ordinances, rules, regulations arid
lawful orders of the United States of America, State of Florida, City of Coral
Springs and of any other public authority which may be applicable to the use of
the City of Coral Springs Police Fireanns~raining Facility by LICENSEE.
LICENSEE shall obtain, at its expense, any and all required permits sad licenses.
The parties agree that there shall be no segregation or discrimination practiced at
the City of Coral Springs Police Firearms/Training Facility because of race, color
or creed against any visitor, participant or attendee.
10
NOV. 14.2002 ?:58AM CORAL SPGS ATTY OFFICE M0.343 P.1/1
Section 12. LIC~ISE NOT A LEASE
This Agreement shall not be d~mcd to be a l~ase of the facilities by LICENSOR,
but rather a hcensc granted to LICENSEE by LICENSOR. to usc and occupy the
premises under thc terms and conditions stated herein. No leasehold interest in
the premises is conferred utxm LICENSEE under the provisions hereof.
Section I3. ENTIRE AGPd~EMENT; NO ORAL MODIFICATION
This Agreement represe~s the entire ~ integrated agreement between
LICENSOR and LICENSBB and supersedes all prior negotiations, representations
or agreements, either written or verbal. This Agreement may not be altered,
amended, modified or otherwise changed nor may any of thc terms h~reof be
waived, except by a written instrument executed by both parties. Tile failure of a
party to seek redress for violation of or to insist on strict performance of any of
the covenanls or,his Agrec~ment shall not be construed as a waiver or
r~linquishment for the futurc of any covenant, term, condition or election but the
same shall continue and remain in full force and cffect.
Section 14. GOVERN~G LAW AND VENUE
The validity, construction and effect of this Agreement shall be governed by the
laws oftbx state of Florida. Any claim, objection or dispute arising out of thc
terms of this Agreement shall be liligated in the Seventeenth Judicial Circuit in
and for Broward County, Florida.
Section 15. SEVERABILITY
Should any part, term or provision of this Agreement be by the cottrts decic~d to
be illegal or in conflict with any law of the state, the validity of the remaining
portions or provisions shall not be affected thereby.
Section 16. NOTICES
All notices or other communications required by this Agreement shall be in
writing and deemed delivered upon mailing by certified mail, return receipt
requested to the following persons and address unless otherwise specified herein:
On behalf of LICENSOR:
On behalf of LICENSBE:
Roy Arigo, Chief of Police
2801 Coral Springs Drive
Coral Springs, Florid~ 33065
Catherine M. Kozol, Police Legal Advisor
City of Delray Beach
C/o Delray Beach Police Department
300 West Atlantic Avenue
Dolray Beach, Florida 33444
11
M0¥.13,2~2 4:2BPM CORAL SPGS ATTY OFFICE M0.339 P.13/14
IN WITNI~SS WHEREOF, LICENSOR, City of Coral Springs, and LICt~NSEE,
. , have exccutexi this License Agreement thc day and year first
above written.
CITY OF CORAL SPRINGS, a municipal
corporation organizext m~d existing under the
laws of the State of Florida
Approved by:
Roy A. Arigo
Chief of Police
Approved as to form:
State of Plorid~
County of Broward
Deputy City Attorney
The foregoing in.vo'trment was acknowledged before me, thc undersigned Notary
Public in and for the .qta~e of Florida, on this, thc .... day of ,
20__._, by Roy A. Arigo, Chief of Police of the City of Coral Springs, signing fllis
Agreement by and. through thc Coral Springs ~ity Commission and authorizcd to exccut¢
the sarn~ by City Commission action on the 2 d day of $~ly, 1991.
Notary Public
My Commission Expires:
t2
£1TY OF DELAI3Y BEfi£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect L~ne 561/243-7091
1993
DATE:
MEMORANDUM
November 14, 2002
TO:
FROM:
City Commission -J
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. I to BAKA Aqreement Dated October 23, 2002
The attached Amendment No. I amends the Agreement with BAKA for the Event
to be held on December 7, 2002 to provide that December 8, 2002 shall be the
rain date. BAKA further agrees to pay the amount of $1,419.56 to the City in
order to guarantee a 3 hour call out payment to the officers in the event that the
rain date is not used. This payment is non-refundable and shall be paid to the
officers that have signed up to work on the rain date regardless of whether the rain
date is used by BAKA.
By copy of this memo to David Harden, our office is requesting that this item be
placed on the November 19, 2002 City Commission agenda. Please call if you
have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Robert Barcinski, Asst. City Manager
Lt. Geoff Williams, Police Dept.
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND
BAKA ENTERPRISES, L.L.C. DATED OCTOBER 23, 2002
THIS AMENDMENT NO. I to the Agreement dated October 23, 2002 is made this
__ day of ., 200_ by and between the CITY OF DELRAY BEACH, FLORIDA,
a municipal corporation of the State of Florida (hereinafter referred to as "City") and BAKA
ENTERPRISES, LLC., (hereinafter referred to as "Licensee").
WITNESSETH:
WHEREAS, the parties entered into an Agreement dated October 23, 2002 providing for
the use of the City's Tennis Center as a venue £or a boxing event; and
WHEREAS, Licensee desires to provide for a rain date for the Event.
NOW, THEREFORE, it is mutually agreed as £ollows:
1. The recitations set forth above are incorporated herein.
2. The parties hereby agree to a rain date of December 8, 2002 and that all other
terms and conditions regarding payment shall apply, except, Licensee shall pay to the City, upon
execution of this Amendment, $1,419.56, which equates to 12 officers working 3 hours.
Licensee understands that this amount is non-refundable in the event that the rain date is not
needed and that the officers shall be paid this amount regardless of whether they are required to
work this day. If the Event is held on December 8, 2002, Licensee shall pay any remaining
amount due for the police officer detail in accordance with the terms and conditions of the
Agreement.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereofi It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their proper officials on the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
WITNESSES:
(Name printed or typed)
(Name printed or typed)
STATE OF
COUNTY OF
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
LICENSEE
By:
(Name primed or typed)
Fein No.
The foregoing instrument was acknowledged before me this day of
, 200___, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
2
[lTV OF DELRfl¥ BEfl[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line 561/243-7091
1993 DATE:
MEMORANDUM
November 14, 2002
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Authorization to City Attorney's Office
The Downtown Development Authority (DDA) was notified by House Committee
on Local Government & Veterans Affairs of the need for it to codify its special acts
pursuant to Florida Statute Section 189.429. The various special acts of the DDA
will need to be codified and then the codified version will need to be reenacted by
the Legislature.
Our office is seeking the Commission's authorization to perform this process for
the DDA.
By copy of this memo to David Harden, our office requests that this item be placed
on the November 19, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC~
David Harden, City Manager
Barbara Garito, City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # "(~,~ - REGULAR MEETING OF NOVEMBER 19,2002
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: NOVEMBER 15, 2002
Attached is the Report of Appealable Land Use Items for the period November 4, 2002 through
November 15, 2002, It informs the Commission of the various land use actions taken by the
designated boards, that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\C~ty Clerk\chevelle folder\agenda memos\apagmenx 11.19.02
TO:
THRU:
FROM:
SUBJECT:
/0ASMIN ALLEN, PLANNER
DAVID T. HARDEN, CITY MANAGER
OF PLANNING AND ZONING
MEETING OF NOVEMBER 19, 2002 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 4, 2002
THRU NOVEMBER 15, 2002
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of November 4, 2002 through
November 15, 2002.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting,
the appeal period shall expire (unless the 10 day minimum has not occurred). Section
2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears
appeals of actions taken by an approving Board. It also provides that the City
Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
Bo
Approved (6 to 0, Nancy Stewart absent), a request to add an under canopy sign for
Dorothy's Denim, located on the north side of East Atlantic Avenue, west of
Andrews Avenue (1163 East Atlantic Avenue).
Approved (6 to 0), a request for a color change for an existing commercial building
for the Bargain Box, located at the northwest corner NE 5th Avenue (southbound
Federal Highway)and East Atlantic Avenue (12 NE 5m Avenue).
Approved with conditions (5 to 0, Dan Carter stepped down), a Class III site plan
modification, landscape plan and architectural elevation plan associated with the
conversion of a automotive repair facility to a retail glass facility and including a
1,032 sq. ft. building addition for Art Glass Environments, located on the west side
City Commission Documentation
Appealable Items Meeting of November 19, 2002
Page 2
of SE 5th Avenue (southbound Federal Highway), south of SE 4th Street (440 SE 5th
Avenue). Concurrently, the Board approved the following waivers:
Reduced the 20' stacking distance from Federal Highway to the first cross
aisle or parking space.
Eliminated the required terminal landscape island at the end of the parking
row.
D. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan
and architectural elevation plan associated with the construction of a 12,026 sq. f.
residential addition within Southridge Subdivision, located on the west side of
South Swinton Avenue, between Southridge Road and Sterling Avenue.
E. Approved with conditions (6 to 0), a Class III site plan modification associated with
the construction of a new clubhouse and storage building for the Swim and Tennis
Facility, located on the west side of Jaeger Drive, between Egret Circle and Dotterel
Road (2350 Jaeger Drive).
F. Approved with conditions (6 to 0 ), a Class IV site plan modification, landscape plan
and architectural elevation plan associated with the construction of a 600 seat
sanctuary and conversion of the existing sanctuary to a fellowship hall for Lake Ida
Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt
Avenue.
G. Approved with conditions (6 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a 22,500 sq. ft.
service industrial building for Delray Park of Commerce Tract "K" - Flex
Building, located at the northeast corner of Congress Avenue and NVV 17th Avenue
(Park of Commerce Boulevard).
H. Approved with conditions (5 to 0, Mayer Abbo stepped down), a Class V site plan,
landscape plan and architectural elevation plan associated with the construction of
five two-story townhomes for Seabreeze Isles, located at the southwest comer of
Lowry Street and Seabreeze Avenue.
Approved with conditions (5 to 0, Dan Carter left the meeting), a Class V site plan,
and landscape plan associated with the construction of a 208,323 sq. ft. planned
commerce center (office, retail, service industry and industrial) project for Congress
Commerce Center, located at the southeast corner of Congress Avenue and Lake
Ida Road. Concurrently, the Board granted an eighteen month extension (expires
May 13, 2004). The architectural elevation plan was tabled.
Approved with conditions (5 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of four, three-story
townhomes for Shorewalker Place, located on the south side of George Bush
Boulevard, east of Andrews Avenue (1210 & 1224 George Bush Boulevard).
City Commission Documentation
Appealable Items Meeting of November 19, 2002
Page 3
Approved (7 to 0) a request for a Certificate of Appropriateness associated with
the demolition of a shed for the S.E. O'Neal House, located on the west side of NE
2nd Avenue, between NE 9th Street and NE 10th Street. Concurrently, the Board
approved the following variances for an existing garage building:
Reduced the side interior setback to five feet seven inches (5' 7") where ten feet
(10') is required.
Reduced the rear setback to zero feet (0') where ten feet (10') is required
The Board recommended approval of the proposed subdivision plat and
associated waivers to the minimum lot dimension requirements.
Approved (7 to 0), a Certificate of Appropriateness associated with a waiver to
reduce the driveway setback from 5' to 2' along the north property line for the
McKeever Residence, located on the east side of North Swinton Avenue between
NE 2nd Street and NE 3rd Street (255 N. Swinton Avenue).
Approved (7 to 0), a request for a demolition of a carport for the Kitay Residence,
located at the northwest corner of SE 4~ Street and SE 7th Avenue. Concurrently,
the Board granted a variance to reduce the rear setback from 10' to 6.39' which
allowed the west 16 feet of the property to be sold without resulting in a non
conforming rear building setback for the existing residential structure.
Tabled (7 to 0), a request to modify the architectural plan for Atlantic Grove
(townhomes component), located on the north side of West Atlantic Avenue between
NW 3rd Avenue and NW 4th Avenue. The Board requested that the applicant
resubmit revised elevation plans to provide additional architectural details.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY
OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
November 19, 2002
GULF STREAM BLVD
L-30 CANAL
LAKE
SW
S.P.R.A B:
A. DORTHY'S DENIM
B. BARGAIN BOX
C. ART GLASS ENVIRONMENTS
D, SOUTHRIDGE SUBDIVISION
E, SWIM & TENNIS
F, LAKE IDA CHURCH OF CHRIST
G. DELRAY PARK OF COMMERCE
TRACT "K" (FLEX BUILDING)
H. SEABREEZE ISLES
I. CONGRESS COMMERCE CENTER
J. SHOREWALKER PLACE
H.P.B :
1. S.E O'NEAL HOUSE
2. McKEEVER RESIDENCE
3 KITA Y RESIDENCE
4 ATLANTIC GROVE
/ v
ONE MILE J
GRAPHIC SCALE
CITY Of DELRAY BEACH,, FL
pLANNING & ZONING DEPARTMENT
20~2
- - DiGITAL tlASE-MAPPING SYSTEM. -
TO:
THROUGH:
~ROM:
'~"/'SUBJECT:
DA~~~~ MANAGER
PAUL DORLING, DI.~TOR OF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF NOVEMBER 19, 2002
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL REGARDING AN
EXISTING ACCESSORY STRUCTURE AT 610 NORTH OCEAN BOULEVARD~ THE
FONTAINE FOX HISTORIC SITE.
The action requested of the City Commission is that of consideration of an appeal of the Historic
Preservation Board's denial of an existing accessory structure associated with a Certificate of
Appropriateness located at 610 N. Ocean Boulevard, the Fontaine Fox Historic Site. The subject
property is located approximately 900' south of George Bush Boulevard between North Ocean
Boulevard and Andrews Avenue.
The Historic Preservation Board action was taken on September 4, 2002 and appealed on September
12, 2002 by Rebecca Henderson, attorney for Frank and Nilsa McKinney, owners of the property.
The appeal is being processed pursuant to LDR Sections 2.4.7(E) and 4.5.1(M)(12). The appeal was
originally scheduled for consideration by the City Commission on October 1, 2002, however, based on
the applicant's request, the meeting was postponed until November 5, 2002 in order to submit the
necessary building permit applications. A second postponement request was submitted at the request
of the Chair of the Historic Preservation Board due to concerns regarding an election night impact on
citizen participation. As the original postponement was set as a date certain of November 5, 2002, the
item remained on the agenda and a formal postponement to November 19, 2002 was made at that
meeting.
The development proposal is a request for approval of a pre-existing accessory structure that was
constructed last year. The accessory structure is currently located east of the main historic dwelling
along the front facade. The structure is supported by four large wood posts and contains a wood
staircase that leads from ground level to the main entrance. The free-standing structure measures
10'x12' and is approximately 23' high. Built of frame construction with a wood shingle exterior,
intended to match the extant historic home, the structure displays a gable roof with wood shakes and
a balcony and is connected to the main dwelling via a rope suspension bridge. The structure was
constructed within a stand of sea grape trees. Dense landscaping consists of the sea grape trees
which surround both the perimeter of the property and the structure. Additional background and an
analysis of the request are provided in the attached staff report.
During its meeting on June 5, 2002, the Historic Preservation Board reviewed a COA request
for the existing accessory structure. This action was continued along with a request for
additional information including as-built drawings for the structure. The item was reconsidered
on September 4, 2002. Upon further analysis of the structure, the Board found that the scale,
massing, and particularly the location of the structure, directly in front the extant historic
City Commission Memorandum, November 19, 2002
Fontaine Fox Historic Property
Page 2
dwelling, was inappropriate. Staff recommendation was for the relocation of the extant
structure, however the Board recommended denial (6-0).
On September 12, 2002, the Historic Preservation Board's action was appealed by Rebecca
Henderson, attorney for Mr. and Mrs. McKinney, owners. "The basis for the appeal is that the request
meets the criteria set forth in:
· LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k);
· The Delray Beach Design Guidelines;
· Objective A-10, Policy A-10.1 of the Housing Element and
Management Elements of the City's Comprehensive Plan;
· The Secretary of the Interior's Standards.
Objective C-1 of the Coastal
Based on this analysis, the applicant asks "...that the City Commission reverse the decision of the
Historic Preservation Board and approve the Certificate of Appropriateness for the tree house."
Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox
House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a-
k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element,
and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and
the Secretary of the Interior's Standards for Rehabilitation.
Bo
Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox
House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a-
k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element,
and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and
the Secretary of the Interior's Standards for Rehabilitation subject to the accessory structure
being relocated from the east elevation of the front fac~ade of the extant historic dwelling to either
the north side of the property, or to the west elevation, behind the historic dwelling.
C°
Uphold the Historic Preservation Board's action and deny the request for an extant accessory
structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a failure to find positive
findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a-k), the Delray Beach Design
Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the
Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the
Interior's Standards with the basis stated.
City Commission's Discretion.
Attachment: HPB Staff Reports of June 5, 2002 and September 4, 2002
HisTORiCpREsE~VATiON MEMORANDUM STAFF REPORT
Agent:
Project Name:
Project Location:
Rebecca Henderson
Fontaine Fox Tree House
610 N. Ocean Boulevard
IYEM BEFORE 'THE BOARD
The item before the Board is consideration of a COA for a "tree house" at 610 N. Ocean
Boulevard also known as the Fontaine Fox House, pursuant to LDR Section 2.4.6(J).
BACKGROUND
The property at 610 N. Ocean Boulevard consists of Lots 2 and 3 of the Ocean Apple
Estates Plat. The property is located approximately 900' south of George Bush
Boulevard between Andrews Avenue and N. Ocean Boulevard. Associated with the
property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of
Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville
Trolley" cartoon strips, the Cape Cod style cottage is located on Lot 2. The lot also
contains three outbuildings, one of which is a free-standing "tree house." The following
are the most recent land use actions relating to the property:
During its meeting on March 6, 2002, the Historic Preservation Board recommended
approval of a modification of Ordinance 70-89, which applied the historic designation to
the Fontaine Fox property. The applicant requested an amendment to the historic
designation to remove the designation from a portion of the property and to
accommodate four buildable lots to the west of the extant historic structure. The Board
recommended to the City Commission approval with reduction of the requested lot
configuration to three lots and the retention of the historic designation per Ordinance 70-
89.
The amendment request was reviewed by the City Commission on March 19, 2002 and
May 7, 2002. Second reading of the ordinance is pending.
In 2001, the applicant constructed a free-standing "tree house" in front of the historic
Fontaine Fox house. Due to the fact that a building permit is not typically required for
the construction of a tree house, no permit or prior HPB approval was sought. However,
the structure is more elaborate and detailed than a typical tree house being free-
standing (similar to a guest cottage) and is therefore considered an outbuilding which
requires Board approval. As such, the applicant is required to obtain a building permit
and now seeks approval of a COA from the Board.
Meeting Date: June 5, 2002
Agenda Item: III.B.
610 N. Ocean Boulevard. accessory structure
Individually Listed Property
Page 2
PROJECT DESCRiPTiON i ANALYSIS
Project Description
The applicant is seeking approval of a pro-existing "tree house" that was constructed
last year. The "tree house" is currently located east of the historic main dwelling along
the front fa(;:ade. The tree house is supported by four large wood posts and contains a
wood staircase that leads from ground level to the main entrance. The free-standing
structure measures 10'x12' and is approximately 28' high. The structure is built of frame
construction with a wood shingle exterior intended to match the extant historic home
and displays a gable roof with wood shakes, a balcony, electricity, plumbing and is
connected to the main dwelling via a rope bridge. Dense landscaping includes sea
grape trees which surround both the perimeter of the property and the structure.
Analysis
Development Standards
LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k) "Development Standards" provides
guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The applicable standards are as
follows:
A historic site, or building, structure, site, improvement, or appurtenance within
a historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation, as amended from time to time.
(E)(?)
The construction of new buildings or structures, or the relocation, alteration,
reconstruction, or major repair or maintenance of a non-contributing building or
structure within a designated historic district shall meet the same compatibility
standards as any material change in the exterior appearance of an existing
non-contributing building. Any material change in the exterior appearance if
any existing non-contributing building, structure, or appurtenance in a
designated historic district shall be generally compatible with the form,
proportion, mass, configuration, building material, texture, color, and location
of historic buildings, structures, or sites adjoining or reasonably approximate to
the non-contributing building, structure, or site.
All improvement to buildings, structures, and appurtenances within a designated
historic district shall be visually compatible. Visual compatibility can include but
is not limited to: consistency in relation to materials, texture, and color of the
facade of a building in association with the predominant material used in
surrounding historic sites and structures within the historic district.
Based on LDR Section 4.5.1 (E)(8)(a-k), the "tree house" must meet requirements in
relation to height, proportion of the front fa(;ade, proportion to openings, rhythm of solids
to voids, entrance and porch projections, relationship to materials, colors, and textures,
610 N. Ocean Boulevard, accessory structure
Individually Listed Property
Page 3
roof shapes, scale and orientation (see appendix A for a detailed list). Currently, the
structure does display a continuity of design in relation to fabric, texture, color, roof
shape, solids to voids, and massing. However, in order to ensure compatibility with the
extant historic structure, the height, scale, orientation, and location must be re-
evaluated.
Delray Beach Design Guidelines
Section IV. New Additions to Historic Buildings
Locating the appendage [to a structure] at the rear or an inconspicuous side and limiting
the size and scale in relationship to the existing structure is essential. If new additions
such as balconies are being considered, they should be on non-character defining
elevations. Additional levels should be set back from the existing structure wall plane,
and be placed as not to radically alter the historic appearance of the building.
Secretary of the Interior's Standards (Department of the Interior regulations,
36CFR Part 67).
Building Sites
Non-significant buildings, additions, or site features should be removed which detract
from the historic character of the site.
The introduction of new construction onto the building site which is visually incompatible
in terms of size, scale, design, materials, color, and texture or which destroys historic
relationships on the site should be avoided.
The historic character of a property shall be retained and preserved. The removal of
historic materials or alteration of features and spaces that characterize a property shall
be avoided.
Comprehensive Plan
Objective A-10-Housing Element
The City shall support the conservation and rehabilitation of historically significant
housing, especially where such housing is an identifying characteristic of a particular
neighborhood.
Policy A-10.1-Housing Element
This objective will be implemented in accordance with standards and criteria of Section
4.5.1 of the land development Regulations, Historic Preservation Sites and Districts.
610 N. Ocean Boulevard, accessory structure
Individually Listed Property
Page 4
Objective C-l-Coastal Manaqement Element
The retention, rehabilitation, and protection of historic resources as provided for in the
City's Historic preservation Ordinance shall continue to be applied in the Coastal
Management Planning Area.
Conclusion
As required by the development standards, the design of the "tree house" is in keeping
with the Cape Cod style cottage of the extant historic dwelling with its natural frame
construction with clapboard siding, gable roof, and modest detailing. However, the scale
and size of the structure, as well as its location in front of the extant house, is out of
character and obstructs a significant portion of the historic cottage. Although dense
foliage and landscaping make it difficult to view the extant main dwelling and associated
tree house from the right-of-way, the current location of the tree house is less than
desirable. Further, the existing vegetation can be altered or removed in the future to
make the additional structure more visible and the retention of the vegetation cannot be
ensured in the future. Therefore, to ensure compliance with the Secretary of the
Interior's Standards, the Delray Beach Design Guidelines, and Objective A-10, Policy A-
10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in
the City's Comprehensive Plan, the structure should be relocated from the east
elevation, in front of the structure and the rope bridge should be removed altogether.
The tree house should be razed or relocated to the far north or west side of the property
ensuring that no architectural attributes of the front fa(~ade of the historic structure are in
any way obscured.
A. Continue with direction.
Approve 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the
Fontaine Fox House, based upon positive findings with respect to LDR Section
4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-
10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal
Management Element in the City's Comprehensive Plan, and the Secretary of the
Interior's Standards subject to conditions.
Co
Deny approval of 2002-164-COA-HPB for an accessory structure at 610 N. Ocean
Blvd, the Fontaine Fox House, based on a failure to find positive findings with
respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design
Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-
1 of the Coastal Management Element in the City's Comprehensive Plan, and the
Secretary of the Interior's Standards with the basis stated.
610 N. Ocean Boulevard, accessory structure
Individually Listed Property
Page 5
RECOMMENDATION
Approve the COA for the tree house located on the property at 610 N. Ocean Boulevard
based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-
k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing
Element, and Objective C-1 of the Coastal Management Element in the City's
Comprehensive Plan, and the Secretary of the Interior's Standards subject to the
following condition:
1)
Relocate the tree house from the east elevation of the front fa(;;ade of the extant
historic structure to the north side of the property, or to the west elevation, behind
the historic dwelling.
Attachments: Survey, Photos
Report Prepared by: Wendy Shay, Historic Preservation Planner
Agent:
Project Name:
Project Location:
HISTORIC PRESERVATION BOARD
MEMORADUM STAFF REPORT
Rebecca Henderson
Fontaine Fox Tree House
610 N. Ocean Boulevard
ITEM BEFORE THE BOARD
The item before the Board is consideration of a COA for an accessory structure at 610
N. Ocean Boulevard also known as the Fontaine Fox House, pursuant to LDR Section
2.4.6(J).
BACKGROUND
The property at 610 N. Ocean Boulevard consists of Lots 2 and 3 of the Ocean Apple
Estates Plat. The property is located approximately 900' south of George Bush
Boulevard between Andrews Avenue and N. Ocean Boulevard. Associated with the
property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of
Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville
Trolley" cartoon strips, the Cape Cod style cottage is located on Lot 2. The lot also
contains three outbuildings, one of which is a recently constructed free-standing
structure which has been referred to in the application as a "tree house." The property
has an extensive land use history. The following background relates to the recently
installed accessory structure:
In 2001, the applicant constructed a free-standing accessory structure referred to as a
tree house in front of the historic Fontaine Fox house. Due to the fact that a building
permit is not typically required for the construction of a tree house, no permit or prior
HPB approval was sought. However, the structure is more elaborate and detailed than a
typical tree house being free-standing (similar to a guest cottage) and is therefore
considered an accessory structure which requires Board approval. As such, the
applicant is required to obtain a building permit and now seeks approval of a COA from
the Board.
Consideration of the COA for the accessory structure was first brought before the Board
during its meeting on June 5, 2002. Upon review of the project, the Board found that
adequate information had not been presented in order to make an informed decision
and the item was tabled (5-1 vote) and continued to the first scheduled meeting in July.
The Board requested that the applicant submit as-built construction documents for the
accessory structure for the Board to review. The applicant was unable to submit plans
for the July meeting and the requested plans are now before the Board for review.
Meeting Date: September 4, 2002
Agenda Item: II.A.
610 N. Ocean Boulevard, tree house
Individually Listed Property
Page 2
PROJECT DESCRIPTION ! ANALYSIS
Project Description
The applicant is seeking approval of a pro-existing accessory structure that was
constructed last year. The accessory structure is currently located east of the main
historic dwelling along the front fagade. The structure is supported by four large wood
posts and contains a wood staircase that leads from ground level to the main entrance.
The free-standing structure measures 10'x12' and is approximately 23' high. Built of
frame construction with a wood shingle exterior, intended to match the extant historic
home, the structure displays a gable roof with wood shakes and a balcony and is
connected to the main dwelling via a rope suspension bridge. Fenestration consists of
modern, 1/1 single hung sash, single light windows, and an ocular window. A hatch door
and French door allow access into the structure and to the balcony on the west
elevation. The structure was constructed within a stand of sea grape trees. Dense
landscaping consists of the sea grape trees which surround both the perimeter of the
property and the structure.
Analysis
Development Standards
LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k)"Development Standards" provides
guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The applicable standards are as
follows:
A historic site, or building, structure, site, improvement, or appurtenance within
a historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation, as amended from time to time.
(E)(7)
The construction of new buildings or structures, or the relocation, alteration,
reconstruction, or major repair or maintenance of a non-contributing building or
structure within a designated historic district shaft meet the same compatibility
standards as any material change in the exterior appearance of an existing
non-contributing building. Any material change in the exterior appearance if
any existing non-contributing building, structure, or appurtenance in a
designated historic district shaft be generally compatible with the form,
proportion, mass, configuration, building material, texture, color, and location
of historic buildings, structures, or sites adjoining or reasonably approximate to
the non-contributing building, structure, or site.
Aft improvement to buildings, structures, and appurtenances within a designated
historic district shall be visually compatible. Visual compatibility can include but
is not limited to: consistency in relation to materials, texture, and color of the
fagade of a building in association with the predominant material used in
surrounding historic sites and structures within the historic district.
610 N. Ocean Boulevard, tree house
Individually Listed Property
Page 3
Based on LDR Section 4.5.1 (E)(8)(a-k), the accessory structure must meet
requirements in relation to height, proportion of the front fa(~ade, proportion to openings,
rhythm of solids to voids, entrance and porch projections, relationship to materials,
colors, and textures, roof shapes, scale and orientation (see appendix A for a detailed
list). Currently, the structure does display a continuity of design in relation to fabric,
texture, color, roof shape, solids to voids, and massing. However, in order to ensure
compatibility with the extant historic structure, the height, scale, orientation, and location
must be evaluated.
Delray Beach Desiqn Guidelines
Section IV. New Additions to Historic Buildings
Locating the appendage [to a structure] at the rear or an inconspicuous side and limiting
the size and scale in relationship to the existing structure is essential. If new additions
such as balconies are being considered, they should be on non-character defining
elevations. Additional levels should be set back from the existing structure wall plane,
and be placed as not to radically alter the historic appearance of the building.
Secretary of the Interior's Standards ,(Department of the Interior regulations,
36CFR Part 67)
Building Sites
Non-significant buildings, additions, or site features should be removed which detract
from the historic character of the site.
The introduction of new construction onto the building site which is visually incompatible
in terms of size, scale, design, materials, color, and texture or which destroys historic
relationships on the site should be avoided.
The histodc character of a property shall be retained and preserved. The removal of
historic materials or alteration of features and spaces that characterize a property shall
be avoided.
Comprehensive Plan Consistency
The following applicable objectives and policies of the City's Comprehensive
Plan relate to the proposal:
Housinq Element: Objective A-10
The City shall support the conservation and rehabilitation of historically significant
housing, especially where such housing is an identifying characteristic of a particular
neighborhood.
610 N. Ocean Boulevard, tree house
Individually Listed Property
Page 4
Housing Element: Policy A-10.1
This objective will be implemented in accordance with standards and criteria of Section
4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts.
Coastal Management Element: Objective C-1
The retention, rehabilitation, and protection of historic resources as provided for in the
City's Historic preservation Ordinance shall continue to be applied in the Coastal
Management Planning Area.
Conclusion
As required by the development standards, the design of the accessory structure is in
keeping with the Cape Cod style cottage of the extant historic dwelling with its natural
frame construction, clapboard siding, wood shingle clad, gable roof, and modest
detailing. It is also differentiated from the original structure as it displays modern
fenestration and detailing. However, the scale and size of the structure, as well as its
location in front of the extant residence, is out of character and obstructs a significant
portion of the historic cottage. Although dense foliage and landscaping make it difficult
to view the extant main dwelling and associated accessory structure from the right-of-
way, the current location of the outbuilding is less than desirable. Further, the existing
vegetation can be altered or removed in the future to make the additional structure more
visible and the retention of the vegetation cannot be ensured in the future.
Therefore, to ensure compliance with the Secretary of the Interior's Standards, the
Delray Beach Design Guidelines, and Objective A-10, Policy A-10.1 of the Housing
Element, and Objective C-1 of the Coastal Management Element in the City's
Comprehensive Plan, the structure should be relocated from the east elevation, in front
of the structure and the rope bridge should be removed altogether. The structure should
be razed or relocated to the far north or west side of the property ensuring that no
architectural attributes of the front fa(;:ade of the historic structure are in any way
obscured or irreparably damaged. If the Board approves relocation, it should occur
within 60 days, which appears to be an adequate time frame for revisions to be made to
the plans and permits to be obtained.
A. Continue with direction.
Bo
Approve 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the
Fontaine Fox House, based upon positive findings with respect to LDR Section
4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-
10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal
Management Element in the City's Comprehensive Plan, and the Secretary of the
Interior's Standards subject to conditions.
610 N. Ocean Boulevard, tree house
Individually Listed Property
Page 5
C. Deny approval of 2002-164-COA-HPB for an accessory structure at 610 N. Ocean
Blvd, the Fontaine Fox House, based on a failure to find positive findings with
respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design
Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective
C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the
Secretary of the Interior's Standards with the basis stated.
RECOMMENDATION
Approve the COA for the accessory structure located on the property at 610 N. Ocean
Boulevard based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7)
& (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the
Housing Element, and Objective C-1 of the Coastal Management Element in the City's
Comprehensive Plan, and the Secretary of the Interior's Standards subject to the
following condition:
1) That the accessory structure be relocated from the east elevation of the front facade
of the extant historic structure to the north side of the property, or to the west
elevation, behind the historic dwelling, within 60 days of the Board's approval.
Attachments: Survey, Photos, Site Plan
Report Prepared by: Wendy Shay, Histodc Preservation Planner
P, AMOND
(PLAT BOOK
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Planning & Zoning Department
MEMORANDUM
TO:
FROM:
DATE:
RE:
PAUL DORLIN~.q~IRECTOR OF PLANNING AND ZONING
NOVEMBER 18, 2002
SUPPLEMENTAL MEMO CONCERNING THE APPEAL OF THE
HISTORIC PRESERVATION BOARD'S DENIAL REGARDING AN
EXISTING ACCESSORY STRUCTURE AT 610 NORTH OCEAN
BOULEVARD, THE FONTAINE FOX HISTORIC SITE.
The following alternatives are currently listed in the City Commission documentation
regarding this proposal:
Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the
Fontaine Fox House, based upon positive findings with respect to LDR Section
4.5.1(E)(4), (E)(7), & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-
10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal
Management Element in the City's Comprehensive Plan, and the Secretary of the
Interior's Standards for Rehabilitation.
Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the
Fontaine Fox House, based upon positive findings with respect to LDR Section
4.5.1(E)(4), (E)(7), & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-
10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal
Management Element in the City's Comprehensive Plan, and the Secretary of the
Interior's Standards for Rehabilitation subject to the accessory structure being
relocated from the east elevation of the front fa~;ade of the extant historic dwelling
to either the north side of the property, or to the west elevation, behind the historic
dwelling (Staff's recommendation to HPB).
Uphold the Historic Preservation Board's action and deny the request for an extant
accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a
failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), &
(E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of
the Housing Element, and Objective C-1 of the Coastal Management Element in
the City's Comprehensive Plan, and the Secretary of the Interior's Standards with
the basis stated (HPB's recommendation).
Other Alternatives:
While not listed in the City Commission documentation, the following additional
alternatives are provided for the Commission's consideration:
· If Alternative B or C is selected, the Commission can require the removal or
relocation to occur after an extended period of time i.e. within 12 months.
Another alternative to relocating the accessory structure to the north or west side of
the historic structure is to allow relocation to the southeast or northeast corners of
the historic structure. If this alternative is selected, it would be appropriate for the
item to be reconsidered by the Historic Preservation Board and that the relocation
could be required over an extended period of i.e. within 12 months.
The applicant has also suggested an alternative to execute a deed restriction
requiring the vegetation (Seagrape trees and Fig tree) along the east side of the
property to remain at the current height, which provides a buffer from the east view.
In the event the, owner voluntarily or knowingly removes or reduces the height of the
vegetation lower than the current height of the buffer that the owner be required to
remove the tree house within a reasonable time frame. If the vegetation is removed
or reduced in height other than voluntarily and knowingly by the owner, that the
owner be permitted to replace and/or regrow the vegetation in a reasonable period
of time. If the tree house is destroyed by an act of God or hazard, but not by the
intentional or voluntary act of others, it would not be rebuilt. The existing supports
would also be painted to match the tree trunk.
Comment: If the applicant's alternative is considered it is recommended it be
modified to state:
If the vegetation were removed, trimmed, damaged by storm etc. to an extent that
would make the tree house and/or main structure visible from the property line, the
tree house/accessory structure would be removed.
Currently the structure is not very visible from the property line and this would
address the impact of the placement of this structure should it become visible to the
general public. It is noted that at a previous HPB meeting it was stated that the
Seagrape trees were protected. As the Seagrape trees are located west of the
Coastal Construction Line, trimming of them is not subject to permitting by the Florida
Department of Environmental Protection.
TO:
THRU:
FROM:
SUBJECT:
"~,"~" 'Ci~COMMISSION DOcUMENTATiO~, , , ,
NGUYEN TRAN, SENIOR PLANNER ~
MEETING OF NOVEMBER 19, 2002
APPROVAL OF WAIVER REQUESTS TO LDR SECTION 4.3.4(K) ALONG WITH THE
COMBINED PRELIMINARWFINAL PLAT FOR A 0.568 ACRE FEE-SIMPLE, SINGLE-
FAMILY DETACHED SUBDIVISION KNOWN AS S.E. O'NEAL PLAT, LOCATED ON
THE WEST SIDE OF N.E. 2"o AVENUE, BE~EEN N.E. 9~" STREET AND N.E. 10TM
STREET.
The subject property consists of Lots 1, 2, 3, 28, and 29, Block 10, Dell Park Subdivision (Plat Book 8,
Page 56), located on the west side of N.E. 2nd Avenue, between N.E. 9th Street and N.E. 10th Street.
The property has a Future Land Use Map designation of LD (Low Density, 0-5 dwelling units per acre)
and is zoned R-l-AA (Single Family Residential). Currently, Lot 3 contains the historically designated
O'Neal House, which includes a two-story dwelling with a one-story garage, constructed in 1926. The
2,257 sq. ft. main dwelling and 400 sq. ft. garage are located at 910 NE 2nd Avenue. The historic
garage lies on the west property line of Lot 3 and is considered structurally sound. Currently attached
to the garage (to the west) is a 400 sq. ft. frame shed addition that is structurally unstable. Demolition of
the unstable addition is proposed. The City Commission approved the designation of the property on
the Local Register of Historic Places at its meeting of July 16, 2002.
The proposed plat will reconfigure five lots into three, fee-simple, single-family detached lots. Lot 1 will
take access from N.E. 10th Street, Lot 2 (O'Neal House) will continue to take access from N.E. 2'd
Avenue and Lot 3 will take access from N.E. 9th Street. The 3 proposed lots will range in frontage from
60-feet to 95-feet (without lessing the corner radius), and in total area from 6,000 square feet to 9,368
square feet. In addition, the plat includes a non-vehicular access line along the east line of Lots 1 and
3.
The proposed plat requires waivers to the LDR Sections listed below. As per LDR Section
2.4.7(B)(1)(b), the City Commission has the authority to grant relief of the following standard:
LDR Section 4.3.4 (K) (Development Standards Matrix):
· Reduction of required lot frontage/width from 75-feet to 60-feet, and lot size from 9,500 sq.ft, to
6,000 sq.ft, for Lot 2; and
· Reduction in lot size from the required 9,500 sq.ft, to 9,368 sq.ft, for Lots 1 and 3.
i .... ~' WAiVERJRE.p~LAT ANALYSi's ,,,, ,, ,
Waiver Request:
Pursuant to LDR Section 4.3.1(D), lots or yards 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.
City Commission Documentation
Meeting of November 19, 2002
S.E. O'Neal Plat
Page 2
The proposal is to re-subdivide five existing nonconforming lots (50' X 100') to three lots. Proposed Lot
2 (containing the historic dwelling and garage) is deficient with respect to lot frontage, lot width and lot
area, while proposed Lots 1 and 3 are deficient with respect to lot area. Pursuant to LDR Section
4.3.4(K), the following are the minimum lot size requirements for properties zoned R-l-AA (Single
Family Residential):
!Minimum Requirements Proposed Configuration
Frontage/ Lot Area Frontage/ Lot Area
Width Depth (sq. ft.) Width Depth (sq. ft.)
Lot '1' 95 100 9,500 95 100 9,368**
Lot 2 75 100 9,500 60 100 6,000
Lot 3* 95 100 9,500 95 100 9,368**
* Corner Lot
** Reduced lot area due to dedicated corner chord.
Waiver Findings:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings
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.
LDR Section 4.1.4(C) requires that if two (2) or more adjoining lots of record are under the same
ownership they shall not be developed except in accordance with the minimum frontage and the lot
area requirements. Based upon this requirement, the property can only be developed to accommodate
two single family homes. Rather than demolish the historic structure to accommodate two new homes,
the applicant applied for and the City Commission approved designation of the historic structure on the
local register. The designation of the house on the local register was to preserve the structure while
enabling the balance of the property to be developed to accommodate two single family homes directly
to the north and south of the extant historic house. Section 4.1.4(C) will no longer be applicable once
the re-plat is approved and the associated waivers granted.
Proposed Lots I and 3 are currently vacant with the historic house lying on Lot 2 in the center of the
proposed subdivision. When originally constructed the historic structure was located on a 50' lot. The
lot lines were adjusted to provide greater lot width (60') so the historic dwelling complies with the side
interior building setback requirements (10') while enabling the corner lots to meet the minimum
dimensions of the R-l-AA. With regard to the corner lots, if the corner chord was not dedicated the lots
would contain 9,500 sq.ft, of lot area.
The waiver will not negatively impact the surrounding properties, diminish public facilities, or create an
unsafe situation support for the waivers can be substantiated as approval of the waiver would permit
the retention of the historic building and structure to remain without demolition or relocation. Approval
City Commission Documentation
Meeting of November 19, 2002
S.E. O'Neal Plat
Page 3
would be granted in a similar situation based on the nature of the historic resources. Based upon the
above, the proposed waivers and thus, the re-plat are necessary and appropriate in order to retain the
existing historic structures and allow the vacant corner parcels to be developed with single family
homes, which should compliment the surrounding neighborhood.
Plat Analysis:
Pursuant to LDR Section 3.1.1, 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 re/ate to Future Land Use Map Consistency, Concurrency
and Consistency with the Comprehensive Plan, and Compliance with the Land Development
Regulations.
The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units
per acre) and is in the R-l-AA (Single Family Residential) Zoning District. Within the R-I-AA zoning
district, detached single family residences are allowed as a permitted use. The addition of 2 new
dwelling units will have a minimal impact on water and sewer demands, traffic, drainage and solid
waste as it relates to their level of service standards. Water and sewer service is available via service
lateral connections to existing mains. No internal street system is proposed with this development as
the each lot will take direct access from either N.E. 2"d Avenue, N.E. 9th Street or N.E. 10th Street. A
park impact fee of $500 for each unit will be collected prior to the issuance of a building permit.
Pursuant to LDR 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.
As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards
for Plat Actions.
Based upon the above, positive findings with respect to Future Land Use Map Consistency,
Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land
Development Regulations can be made.
~, , .... ' ', Hi~TORic, PRESERVA ~' ~ TION~OARD,COi{iSiDERATiON' .... ~'~ ," ~ ,,~ ' ~ ~ '~
The Historic Preservation Board considered the proposed plat, and the associated waiver, at their
meeting of November 6, 2002. After reviewing the staff report, the Board voted 7 to 0 to recommend to
the City Commission approval of the waiver. By separate motion, the Board voted 7 to 0 to recommend
to the City Commission approval of the preliminary/final plat of S.E. O'Neal Plat. All technical items
have been satisfactorily addressed.
By motion, approve the preliminary plat of S.E. O'Neal Plat and certify the final plat based upon positive
findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive
Plan, and approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the
lot frontage/width and lot sizes as described in this report based upon positive findings with LDR
City Commission Documentation
Meeting of November 19, 2002
S.E. O'Neal Plat
Page 4
Sections 2.4.7(B)(5) and 4.3.1(D) that it is necessary and appropriate in order to retain the existing
historic structures and allow the vacant corner parcels to be developed with single family homes.
Attachment:
· Appendix A
· Location Map
· Reduced Survey and Reduced Plat
S:~ P&Z~boards~city cornrnission~SE O'Neal Plat-CCdoc. doc
City Commission Documentation
Meeting of November 19, 2002
S.E. O'Neal Plat
Page 5
STANDARDS' FOR 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.
Not applicable X
Meets intent of standard
Does not meet intent
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 X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-I of the Open
Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation modification
may have upon an existing neighborhood. If it is determined that the widening or
modification will be detrimental and result in a degradation of the neighborhood, the project
shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
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.
Not applicable
Meets intent of standard
Does not meet intent
X
Vacant property shall be developed in a manner so that the future use and intensity are
appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
City Commission Documentation
Meeting of November 19, 2002
S.E. O'Neal Plat
Page 6
Not applicable
Meets intent of standard
Does not meet intent
X
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.
Not applicable
Meets intent of standard
Does not meet intent
X
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 terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
X
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.
Not applicable
Meets intent of standard
Does not meet intent
X
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 X
Meets intent of standard
Does not meet intent
N E. 14-[H ST
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CITY OF DELRAY BEACH, F'L
PLANNING &: ZONING DEPARTMENT
S.E. O'NEAL HOUSE
910 NE 2ND AVENUE
-- DIGITAL BASE' MAP SYSTEM -- MAP REF- LM619
~ I 2,DN_~AV pu'g '2,'N
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 19, 2002
PERFECT RESULTS, INC.
NOVEMBER 15, 2002
We have attached the Itemized Budget submitted by Perfect Results, Inc. regarding their Request for
Funding for C. Spencer Pompey Tribute Video for your reference and review.
S:\Clty Clerk\chevelle folder\agenda memos\Perfect Results. 11.19.02
11/14/_;3L~_ 16:46 i56i_6~_ _,$6 FFLAIR ZIIC PAGE 02
Event:
ITEMIZED BUGET
November 5m, 2002
Submitted by: Perfect Results, Inc.
C. Spencer Pompey Video Screening Event
2003 Budget
Expenses.
Video Editing / Graphics
(3) Community Receptions /
Video Screenings
Reception Catering
Reception Invitations
Reception Marketing & Advertising
Reception Photography
$5,000.00
$1,500.00
$ 500.00
$ 65000
$ 350.00
C. Spencer Pompey Photo Exhibit
Photo Processing / Mounting
Design
Duplication of 200 VHS
Video Copies
Total Event Budget
$1,000.00
$1,000.00
$10,000.00
2. Event Revenue
$ 0.00
Please Note: The proposed events are free and open to the public.
Thank you for your consideration.
Memo
To:
From:
¢C:
Date:
Re:
City Commission
David Harden vf/~c~~
November 4, 2002
Perfect Results Funding Request
Attached is the additional information I received from Perfect Results today. It still does not
contain the detailed expense budget I recommend you review in considering whether to grant
this request, either in whole or in part.
I have sent Ms. Tolliver some examples of budgets supplied to us for other events, but we
have been unable to reach her today to see if she could supply what I am asking for.
If the Commission wishes to consider granting some funds for this project, I recommend that
this request be tabled until November 19 to allow time for the applicant to supply a detailed
expense budget.
.f-
I
I
I
I
I
L_
1
l
PERFECT RESULTS, INC.
November 1~t, 2002
David T. Harden
City Manager
City of Delray Beach
100 NW 1 ~t Avenue
Delray Beach, Fl 33444
RECEIVED
N0¥ ~- 2002
CITY' MANAGER
Dear Mr. Harden,
I am forwarding to you the additional budget information that you
requested. The new information has detailed descriptions of each category
that is included in our budget request. I have also included the previously
submitted document - ITEM A. It provides an overview of our request at a
glance.
A special thanks to you and your staff for the follow up that has
allowed our request to be placed on the agenda for consideration. I am very
grateful and proud of the support that we received from our city officials for
rd ·
the February 23 , 2002 event honoring C. Spencer Pompey.
I am looking forward to having each of you participate in our
upcoming events for February 2003. Thanks again for your continued
support.
P.O. BOX 6335 Delray Beach, Florida $3482
Jane Bassa Tolliver
Perfect Results, Inc.
Phone: (561) 278-3577 Fax: (561)-266-9866
I
I
ITEM A
Request for Funding
Submitted: September 27th, 2002
Contact: Jane Bassa Tolliver
(561) 278-3577
C. Spencer Pompey Video Tribute
Sponsorship Benefits
The City of Delray Beach will receive full screen chyron and logo
recognition at the open and close of the video.
The City will receive cosponsorship recognition for the video," C.
Spencer Pompey Commemorating a Legend".
The City will receive print recognition on all materials that promote the
video product.
The City will receive verbal recognition during all promotional
interviews that serve as marketing outlets for the C. Spencer Pompey
video and community events. To include: Radio and other electronic
media.
The City will serve as co-sponsor of (3) community screenings of the
video in February of 2003. Possible locations: ( Delray Beach Library,
Carver Middle School and an additional location, TBA)
The added value includes:
· Sponsorship of the companion information booklet
(1500) booklets will be published.
· Membership to the C. Spencer Pompey Society of
Excellence.
Amount Requested: $I0,000.00
Thanks for your consideration.
City Of Delray Beach
FUNDING REQUEST
November Ist, 2002
Submitted by: Perfect Results, Inc.
Contact: Jane Bas,sa Tolliver
(561) 278-3577
AMOUNT REQUESTED: $t0,000
The items represented in this funding request include all events, products and
services to be sponsored by the City of Delray Beach.
The City of Delray Beach All-America Package
Co-sponsorship of the video "C. Spencer Pompey Commemorating A Legend"
AMOUNT: $5,000
The City will receive logo placement and a fi~ll screen chyron open at the open and
close of the video. Print recognition on all materials that promote the video. Co-
sponsorship recognition on PBS stations WXEL 42 and WLRN 17.
· Co-sponsorship of (3) community receptions / video screenings
AMOUNT:
Locations:
1.
2.
3.
Delray Beach Library
Carver Middle School
Old School Square
Please note: Atlantic High School is being considered as a 4t~ location. T'ne tentative
dates are in February of 2003.
Prim recognition will be given on all flyers, press releases and school newsletters that
promote the video screening / receptions.
Page 2
FUNDING REQUEST
November 1~, 2002
Submitted by: Perfect Results, Inc.
Contact: Jane Bassa Tolliver
(561) 278-3577
Co-sponsorship of the C. Spencer Pompey Photographic Exhibit
AMOUNT: $1,000
This exhibit containing various photographs of C. Spencer Pompey will be featured
on display during the special video screenings. The City of Delray Beach will receive
logo placement and print sponsorship recognition on the exhibit.
Sponsorship of#200 copies of the video" C. Spencer Pompey Commemorating a
Legend"
AMOUNT: $1,000
(200) complimentary copies of the video will be given away during each of the three
community events. The city will receive sponsorship recognition on the sleeve (box)
of each complimentary video.
SAMPLE LABEL INFO:
This complimentary copy of the
"C. Spencer Pompey Commemorating A Legend"
is sponsored by: The City of Delray Beach
KNOWLEDGE IS POWER
Page 3
FUNDING REQUEST
November 1st, 2002
Submitted by: Perfect Results, Inc.
Contact: Jane Bassa Tolliver
(561) 278-3577
BONUS OFFER
The City of Detray Beach will receive two full complimentary ads. The ads may be
used as full page (81/2 X 11) promotions or a personalized message. NO CHARGE.
The City of Delray Beach will receive a one year corporate membership for the
C. Spencer Pompey Society of Excellence (membership is effective April, 2003)
This Society is currently being organized It will mentor youth in Palm Beach
County. The goal of the program is to encourage youth to succeed by exposing
them to real life success stories through positive imaging, positive experiences
and positive role models. NO CHARGE.
Special Request:
We would greatly appreciate it if the Mayor, elected officials and city staff
will join us for the presentation during our community video screenings.
Confirmed dates TBA.
Thank you for your consideration.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~;1
NOVEMBER 15, 2002
Cheryl Lee-Bennett has verbally given her resignation from the Education Board creating a
vacancy for an unexpired term ending July 31, 2004. Ms. Bennett has a conflict with the two
meetings monthly. She would be interested in another board where the meetings are not as
heavy.
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 have submitted applications and would like to be considered for appointment.
Diane Allerdyce
Maria Barber
Philip Friedman
Ilse Nathan
Kathleen Schoenberg
Jeffrey Silberstein
Sidney Snyder
Jean Sylvia
Alan Thieman
Educator
Headmistress
Business
Executive Director-Children's Academy
Attorney
Architect
Public Relations Supervisor
Business Owner
Business Management
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found. A check to confirm all are registered voters was completed.
Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat
#1).
Recommend appointment of one (1) regular member to the Education Board for an
unexpired term ending July 31, 2004.
CITY OF DELRAY BEACH
BOARD MEMBER APPI. I CATI ON
199:3
20,01
~JO02
Pl,..ssc t%'~ er p~m d,e ~oao.,inR infonmtioo:
Curriculum Vitae
Diane Allerdyce, Ph.D.
506 SE 3rd Avenue
Delray Beach, FL 33483
(561) 266-9099
(561) 573-6321 (cellular)
Professional Objectives
I am pursuing a career of educational leadership and writing, with emphasis in social
action, educational reform, community service/service learning, and poetry therapy
Education
Ph.D. in English from the University of Florida (1988)
MA in English from Flodda Atlantic University (1983)
B.A m English from Florida Atlantic University (1982)
Teaching/Administrative Experience
Chief Academic Officer: Toussaint L'Ouverture High School for Arts & Social Justice
95 NE 1st Avenue, Delray Beach, FL 33444
(561) 243-3136, (561) 243-4070 (fax)
dall¢rdyce~_,t0u$~aintlouverture or.q
Co-Founder of school and of parent organization:
Center for Education, Training, & Holistic Approaches, Inc. (CETHA)
501 ( c ) 3 Corporation founded 1999
Charter High School established 2001
Professor and Administrator: Lynn University
3601 N. Military Trail. Boca Raton, FL 33431
(561) 237-7200
dallerdyce@lynn.edu
D~stance Learning Adjunct Professor 2002-present
Professor of Department Chair of English 1996-2002
Honors Program Co-Chair 1996-2002
Associate Professor, Assistant Professor, Instructor 1985-1996
Special Skills and Training
Grantwriter: Successful grantwriter and director of Federal, State, and Private Grants,
including Florida Oepartment of Education, Community Foundation of Palm Beach and
Martin Counties, Palm Beach County Cultural Council, and others.
Certified Poetry Therapist (CPT): National Association for Poetry Therapy (CPT earned
2000)
Diane Allerdyce
World of Difference® Training Special~st for the Anti-Defamation League of Palm Beach
County (2000-present)
National Endowment for the Humanities Summer Seminar, Cornell University (1993)
Community and Organizational Service
Founding board member: Vice President of Palm Beach County Alliance of Charter
Schools (2001-present)
Founding board member: Chairman of The IMAGINE School, West Palm Beach, Florida
(2,001 -present)
Board member: National Association for Poetry Therapy (2000-present)
Milagro Center, Delray Beach, FL 33444: paid consultant and volunteer
grantwriter/youth leadership director/poet-in-residence (July 1999-April 2000)
Unitarian Universalist Fellowship of Boca Raton, Religious Education and Social Action
teacher (1997-2001)
Publications
Book: Anais Nin and the Remaking of Self: Gender, Modernism, and Narrative Identity.
DeKalb: Northern Illinois University Press, 1998. Articles in Anais: An International
Journal (1995), D. H Lawrence Review (1996), Feminist Issues (1994), and a book
chapter in Compromise Formations: Current Directions in Psychoanalytic Criticism, ed
Vera Camden (KSU Press, 1989) Essay and play excerpt: '~ Literary Sou/mate"in
Anais: A Book of Mirrors, ed. By Paul Herron (Sky Blue Press, 1999). Poems in
American Poets & Poetry (2001), Boca Raton News (1998), Cande[abrum (2001), Dead
or Ahve Poets Society (2002). Midwest Poetry Review (2001), SPSM&H (2000), Fresh
Water(Pudding House, 2002), Poetic Medicine (John Fox, 1997), Quest (1998. 1999).
Featured poet on Unitarian Universalist Poets Cooperative Website:
http://www puddin§house corn/unitarian.him (November 2002). Reviews ~n Studies/n
the Novel, Newsletter of the Freudian FJeld, South Atlantic Review
Conference Presentations: Numerous presentations given 1987-2001 National
Association for Poetry Therapy, International Narrative Society, Popular Culture
Association, etc. Full list available upon request
Awards: Faculty Awards for community service and teaching excellence at Lynn
University 1996-2000; Phi Beta Kappa 1988-present; National Endowment for the
Humanittes 1993. Kenneth R. Wi{liams Award for Scholastic Achievement at FAU, 1983
(valedictorian)
Credentials and References Available Upon Request
DELRAY BEACH
NI.AmedcaCity
,,,,,,----- c.,, o,
qljlP®
BOARD MEMBER.APPLICATION
1993
Please type or print thc following inforrnadon:
2. Home Address:
3. Legal Residence:
4. Principal Business Address:
5. Home Phone: [ Business Phone:
6. ~c you a ~e~stc~cd voter?
7. ~at Board(s~d you interested ~2emhg. ,
City
City
IE-Mail Address: [ Cell Phone:
/$so,, wyj~e are, y.o.u rs:gi~stered?
State
State
State
Yt
Zip Code
Zip Code
Zip Code
8. List aU City Boards on which you are currently serving or have previously served: (Please include dates)
9. Education~al qualifications:
10. List any related professional certifications and licenses w~ch you hold:
11. Give your present, or most recent employer, and]5osition:
~q.,~r~a &ttr~ I ~ F
12. Describe experiences, skills or~knowled, ge which qualify you to serve on this board: (Please attach a brief resume)
I herebyc~ ~at a~ ~ ore ~ts ~e ~e, md I a~ee and uuden~d ~at any ~smtemcnt of matcml facts
cont~aed b ~s app~ca~on may cause forfeiture upon my p~t of any appob~ent I may rccdve.
s~~i ~~ _D~EcEIVED
Note: T}fis application will remain on file in the City Clerk's Office for a period of 2years from the date it was
submitted. It will be the applic~-nt's responsibility to ensure that a curr~p~lila~-[~g2~s on file.
~'rrYCI.~.Rk'~BOARI3~ CATION
#'t CITY CLERK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
AGENDA ITEM ~- REGULAR MEETING OF NOVEMBER 19, 2002
APPOINTMENT TO THE EDUCATION BOARD
NOVEMBER 15, 2002
Cheryl Lee-Bennett has verbally given her resignation from the Education Board creating a
vacancy for an unexpired term ending July 31, 2004. Ms. Bennett has a conflict with the two
meetings monthly. She would be interested in another board where the meetings are not as
heavy.
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 have submitted applications and would like to be considered for appointment.
Diane Allerdyce
Mafia Barber
Philip Friedman
Ilse Nathan
Kathleen Schoenberg
Jeffrey Silberstein
Sidney Snyder
Jean Sylvia
Alan Thieman
Educator
Headmistress
Business
Executive Director-Children's Academy
Attorney
Architect
Public Relations Supervisor
Business Owner
Business Management
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found. A check to confirm all are registered voters was completed.
Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat
#1).
Recommend appointment of one (1) regular member to the Education Board for an
unexpired term ending July 31, 2004.
. " CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
{~j] l) o2
Curriculum Vitae
Diane Allerdyce, Ph.D.
506 SE 3rd Avenue
Delray Beach, FL 33483
(561) 266-9099
(561) 573-6321 (cellular)
Professional Objectives
I am pursuing a career of educational leadership and writing, w~th emphasis in social
action, educational reform, community service/service learning, and poetry therapy.
Education
Ph.D. in English from the University of Flodda (1988)
MA in English from Florida Atlantic University (1983)
B.A in English from Florida Atlantic University (1982)
Teaching/Administrative Experience
Chief Academic Officer: Toussaint L'Ouverture High School for Arts & Social Justice
95 NE 1st Avenue, Delray Beach, FL 33444
(561) 2:43-3136, (561) 243-4070 (fax)
dall~rd¥ce~_,tou$~aintlouve~ure org
Co-Founder of school and of parent organization:
Center for Education, Training, & Holistic Approaches, Inc. (CETHA)
501 ( c ) 3 Corporation founded 1999
Charter High School established 2001
Professor and Administrator: Lynn University
3601 N. Military Trail. Boca Raton, FL 33431
(561) 237-7200
d.al!erdvceC~_ Jynn.edu
Distance Learning Adjunct Professor 2002-present
Professor of Department Chair of English 1996-2002
Honors Program Co-Chair 1996-2002
Associate Professor, Assistant Professor, Instructor 1985-1996
Special Skills and Training
Grant'writer: Successful grantwriter and director of Federal, State, and Private Grants,
including Florida Department of Education, Community Foundation of Palm Beach and
Martin Counties, Palm Beach County Cultural Council, and others,
Certified Poetry Therapist (CPT): National Association for Poetry Therapy (CPT earned
2000)
Diane Allerdyce
World of Difference® Training Specialist for the Anti-Defamation League of Palm Beach
County (2000-present)
National Endowment for the Humanities Summer Seminar, Cornell University (1993)
Community and Organizational Service
Founding board member: Vice President of Palm Beach County Alliance of Charter
Schools (2001-present)
Founding board member: Chairman of The IMAGINE School, West Palm Beach, Florida
(2001-present)
Board member: National Association for Poetry Therapy (2000-present)
Milagro Center, Delray Beach, FL 33444: paid consultant and volunteer
9rantwr~ter/youth leadership director/poet-in-residence (July 1999-April 2000)
Unitarian Universalist Fellowship of Boca Raton, Religious Education and Social Action
teacher (1997-2001 )
Publications
Book: Anais Nih and the Remaking of Self: Gender, Modernism, and Narrative Identity.
DeKalb: Northern Illinois University Press, 1998. Articles in Anais: An International
Journal (1995), D. H Lawrence Review (1996), Feminist Issues (1994), and a book
chapter in Compromise Formations: Current Directions in Psychoanalytic Criticism, ed.
Vera Camden (KSU Press, 1989) Essay and play excerpt' "A- Literary Soulmate" in
Anais: A Book of Mirrors, ed. By Paul Herron (Sky Blue Press, 1999). Poems in
American Poets & Poetry (2001), Boca Raton News (1998), Candelabrum (2001), Dead
or Alive Poets Soclety (2002). Midwest Poetry Review (2001), SPSM&H (2000), Fresh
Water(Pudding House, 2002), Poetic Medicine (John Fox, 1997), Quest(1998. 1999).
Featured poet on Unitarian Universalist Poets Cooperative Website:
http://www pudd. in~qhouse com/unitarian.htm (November 2002). Reviews ~n Studies i~
the Novel, Newsletter of the Freudian Field, South Atlantic Review
Conference Presentations: Numerous presentations given 1987-2001 National
Association for Poetry Therapy, International Narrative Society, Popular Culture
Association, etc. Full list available upon request
Awards: Faculty Awards for community service and teaching excellence at Lynn
University 1996-2000; Phi Beta Kappa 1988-present; National Endowment for the
Humanibes 1993, Kenneth R. Williams Award for Scholastic Achievement at FAU, 1983
(valedictorian)
Credentials and References Available Upon Request
DELRAY BEACH
BOARD Mt::MBER APPI. IeATION
1993
_ Please type or print thc following information:
1. Last Name:
2. Home Address:
3. Legal Residence:
S~
4. Principal Business Address:
lot
5. Home Phone: [ Business Phone:
94£-5 7 cY I 2.7~ - q q ; q
6. Are you a registered voter?
7. What Board(s~_ar$ you interested in serving?
City
City
lE-Mail Address: [ Cell Phone:
If so, wkere are you registered?
State
State
Zip Code
State
/et
Zip Code
Zip Code
8. List all City Boards on whic~h you are currently serving or have previously served: (Please include dates)
9. Education. al qualifications:
10. List any related professional certifications and licenses w,l~,ch yqu hold: .
11. Give your present, or most recent emPloyer,.and~osifion:
12. Describe experiences, skills ocknowled, ge which q,,~]ify you to serve on this board: (Please attach a brief resume)
~iraJ, Bgadl t'e's,dt'~t' ¢°r ~6 y~rs. ~lm t~r_~ ~ua~ ¢v_~er
'
t heaeby c.~fif'y that alt the db6ve statements a~e true, and I agree and understand that any misstatement of material facts
contaiaed in this application may cause forfeiture upon my part of any appointment I may receive.
sio~a :.Jm~ Ci=IVi::D
Note:
TI:is application will remain on file in the City Clerk's Office for a perios~if 2~yl[ar~sn~m the date it was
submitted. It will be the applicant's responsibility to ensure that a curr~'lllpl~li~a~gl4tis on file.
~'Tf'VCI.ZRK~BOAi~;~d~PUC ATION
/~,-~'i I.,-C.~,,.-~ · CITY CLERK
CITY OF DELRAY BEACH
.O~;D MEMBER APPLICATION
1993
Please type or priix the following inform~on:
2. Hor~ Address:
3. Legal Residenc~: City State Zip Code
4. P~dp~ Bu~ess A~s: ~ S~ Zip ~e
~/~
6. ~e you a Re~aered Voter? ~ ~ ~ so, where ~e you~e~ered?~
7..
yofi
S. ~ ~'~W Bo~a on W~c~ou ~e ~en~~g or Mve previ~ se~e& ~l~e ad~ ares)
~ ~ ....
9. Edu~ $~ons:
'10. ~ ~ ~lated p~fession~ ~ofi°~s ~d ~ses w~ yqu hol&z
11. Gi~yo~prelent, ~mg~ r~ent ~pI~dpofi~n: .
/
12. Desc~ =peHen~s,~s or ~3wle~e ~& ~ y~ t9
Note: This application wFfl remain on ~ile in the City Clerk's Office for a period of 2 years from the date it was submitted. It wgl be the applicant's/-esponsibility to ensure that a current application is on file.
~CITYCLEIMC'~ O~PL ICATION
RECEIVED /,~_~a' /~¢-/~:~3
APR 2 3 g001
CITY CLERK
ol
BOARD MEMBER APPLICATION
! II.n~,x
N4.-r o ,+ ~,
;
: 2. l"{0,m,~
I ~ Pnn,:~p~J :Busin~,'s Adobe,s: - '
: !
Zip Cod,
Z. ip Co, dc
Eax,
.a~1': ~ q'~.~ ~' 3~r-~./~--r 5, o~r d~ un~.wki-h ~uu. ~P C~ ~ / ~J ~ ~.~_ ~ a/T c~','c n'.ly .~crving ut h~xc pzev tou,ly~ ~e~_'ed..l~,/. e-,~-~'i~'('Ple~sc include d,'t te0
:,_ ,;' a,n'./d', re.£ ~ro~=s~lr,uaJ cera£¢aUons mnd"JiCenSe, ~'~ you hold
; i Gwc vu~ urescm, ox most rec~t ~oy,z, and
D¢.,ce' ',¢ o'p-.nence:, _~k,Us or Im~'kdgr ',~h~¢b q~d0fy you to ~,vc on C~ i~d. O:U~e grt~cb ~ btiefz~sm'ne)
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upon m)
:- >:,' Th~s apFbc,,aon ,*-dj :errmin on f2e in the City Cb:r-W, Office los ~ pe:iod of 2 yc~s ~rom r. he date it u,xs
: ~:.~, J::¢d lc ~all be the appbczn:'s ZCST,onsibility to co.arc ~h.t a ct~re~z ,pplica~ion ,s Dn file.
IqEGEIVED
JAN 1 6 2002
~.ATY ~AJERK
IMray !I~ ~ ].a413
061) 2r~.93~
Hume~ ColleSe, New York, NY;
Post~a:c Center MemaJ HeibJ2, Hew York. NY;
Roch~er School ofPr8~! ~g. I~IY;
Imlinzte for Ratio~ Emoti~z Therapy
MA.
BA. French
Cliai~l Conmeio~ Ce',i~c~e
I~¢ Cer~c~te
1974 to presem
Private Pra~ioe, Counseling and Psycho~erapy
19'74 to 1996
h~dependent Consultation Center, Bronx, NY
Bi-rmguai Counsel0r/Psyschotherapist (Spanish/French)
]978 to 1989
Essex College of Business, Newark, 1~
Director, Director Student ServiCes and Special Program~,
Direct~rBi-§~ Progrm~ Curriculum Devdopme~
Director Admi~on, P~ ~,d Financial A~ C.~ED
1983 to 1987
Testy Adu1~ Education, Temfly, N)
Lecturea, Work~, Parent Education,
] 988 to prus~m _
The Children's Academy, Newark,
Founder, Trugte~, Executive Director
1991 to 1992_
Essex C0tmty College, Newnrk, NJ
Adjunct Professor, Women's Center
CERTIFICA~I. ONS A_ND LICENSES:
New York/New l~rsey
'New Jersey
New York/New Jersey
State of Maryland
National Board of Certified Counaalor~
Academy Clinical ~ Coutmdo~
lq~w ~ersey
P~manent High School Tea~h~ (Spanish/French)
Pemmn~ Nursery/K to Sth Grade
Licensed Practical Nurse
licensed Professional Cou~elor
Certified Counaclor
Cani~ed Mental H'*~h Ccmaselor
~ Social Worke~
M.E ~t BERSR'fP$:
~ew ~er~ey MH Counselors A~odation
American MI1 Counselors Association
New i~y Profess/onal Counselors
Na:ior~d Association Social Workers
Cc:' ?. ? v."Jv_h, er salist
N ~uo.q~ Lduca6on tb~ Young Children
Ne'*' Jcsev Association for Gifted Children
Founder. President, Chair Nomination/Elections,
L~gislative Cimir
R~gionaJ Coordinator, Regional Representative to Board
Ex~cutive Board, L~islarive Comminee
l~mber
Men~bership, Fundr~ising, Program, Education
Member
'~,'ho'~ W}-,o of American Woine~i
V;I~.,: \',~,., in the Easl
Im~ ..sr,onal L~ders of the World
~,,2:~' Disord~s ~sociation of ~efi~
~-.:'.- :~t Academy C~fied Cl~c~ Ment~ H~ Coun~lors Re~
Ne~- ~er~e>: ~of~sion~ Cotm~lo~ R~s~
%c. fe.. :;onal Re~ National ~afion S~i~ W~k~s
,.IT~ER 1-NTERESTS'
Fioe:. ~.-, :,vanish., F~ench, Genna~ some Italian. Grant writing. Traveling extensively in Europe and
$ouff, America. Working with disadvantaged minorities.
Re£ere~c. es upon reque~.
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
· Last am Name ,M 1.
SCHOENBERG ,, KATHLEEN W
2. Home Addzess: City State Zip Code
1050 BI:lOOKS LANE DELRAY BEACH FL 33483
3. Residence: City State Z~p Code
1050 BROOKS LANE DELRAY BEAOH FL 33483
4. Principal Business Address: City State Zip Code
,, ~ 110 $.E. 6TH STREET FORT LAUDERDALE FL 33301
S. Home Phone: Business Phone: E.M~I Adclxess: Cell Phone: Fax:
561-274-7428, ,. 9~ .~THcEE ,~OSE^UeE~NOa eO~ ,,581-350-334:~.' 561-274-9728
6..~te you a registered voter? If so, where are you registered?
YES FLORIDA
1 .~ducetion, :~. Do~ntgw,n ,Deyelopment Authgdt~, ~. ¢ommg,nit¥ ~edeYelopment, ^~iency, 4. P~ennin~ & 7onin~
8. IJ~ ~I~ Ci? Board., on which you ute eu~enfly ~erring ce h~ve pre~'ioud)' sera'ed: (Please L~¢lude
NONE
~utger$ Univer$ity~ B.A:~ 1992, Temple University, J.D., 1998
MEMBE~ FL0~IDA B,A~r PENNSYLVANIA BA~ AND NEW JERSEY BA~ ~INA~TIVE) ,
IZ Des'~'exp~ences. ,~ o~ ~'kdge w~ch q~' )'ou to ~en'e o~ ~, ~ud: ~lease atmch a brief resume)
My law practi~e focuses exclusively on cha~er Schools and reel estate. Plee~e see m~ affached resumq.
I hereby C~' ~t ~e ~e ~temea~ ~e ~e, ~d I a~ee ~d ~de~nd ~at any ~ssat~t of ~tenal f~cts
contaned in ~s app~cafion may cause f~fei~e upon my pm of any appo~ent I may ~ceivc.
Note: This application xvill remain on file in the City Clerk's Office for s period of 2 years from the date it was
submitted. )t will be the applicant's responsibilit)' to ensure that a cu~ent application is on file.
NAY 2'2 2002
Kathllen form.max
CITY CLERK
KATt4'I EN W. SCHOENBERG, ESQUIRF,
EDUCATION
Temple University School of Law
].D., cum laude, Mqy, 1998
· Top 10% of class; Dean's List every semester
Douglas College, Rutgers University
B.,4. Caram#aica~o#, ]~',gb bom;m, Ma3, 1992
,, Dean's List five semesters
PROFESSIONAL EXPERIENCE
Philadelphia, PA
N~w Brunswick, NJ
May 2000 - present Tripp Scott, P.A. Fort Lauderdale, FL
Co,orate ~l~torafy
· Serve as in-house counsel for an education manalF, ment organization, one of firm's largest clients.
· Draft and negotiate a variety of contracts ~mduding development and management agreements, real
property and equipment leases, service contracts, and employment and consulting agreements) with
municipalities, non-profit corporations and private organizations and persons.
· Advise client on employment issues, such ss termination, employee stock option plans, and
compliance with applicable laws.
· Advise client on all matters affecting corporate parent, fifteen subsidiaries and ten non-profit
foundations.
m Advise client on planning and zoning issues regaxding school facilities.
· Supervise compliance with local, state and federal laws.
1996 - 1999 Roben O'Donnell, Esq., Former Speaker PA House
·
·
Philadelphia, PA
Drafted and negotiated commercial real estate leases.
Applied for zoning variances and represented clients before the Zoning Board of Adjuslment
Supervised site compliance with environmental tests and other state requirements.
Filed articles of incorporation, drafted by-laws, supervised board of directors meetings.
Drafted and negotiated employment ag~ements.
Supervised and monitored charier schools' compliance with complex state law.
1993-1994 O'Donnell for Governor Campaign Philadelphia, PA
D~!y Campaign Mana&rr
Developed ~d m~ed a ~d, pwacfive d~y s~ed~e ~r ~bem~fi~ cm&~, ~du~g
bfie~g c~date ~cfly on de~s ~d key issues ~r e~ ev~t
Ne~fiated md de~t wi~ ~ ~fions ~m news me~ ~du~s, o~i~afions, ~d c~p~ s~ff
to meet ~e s~am~c ~Is of ~e cmpi~ pl~.
ACHIEVEMENTS
· Licensed to prsctice in Florida, Pennsylvania and NewJmey.
· Member of Moot Court Honor Society.
· Recipient of the Reuben E. Cohen Memorial Award for achievement in zoning and land development.
Redpient of the C~.LI award for highest grade in legal writing and zesea~.h.
Legal Writing and Research and Intr0 to Trial Advocacy notations for outstanding oral advocacy.
· Nationally published poet.
TELEPHON~: (56t) 274-7428 · FAX (561) 274-9728
E-MAIL: KWALL10~.AOL. COM
1050 BROOKS LANE
D~Y BEACH, FL 33483
199;J
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
/-)-z ~ h ,' 7'e ~ 7-
4, P~c:F,l B~ess Addr~.ts: Ci~
~. ~ E~: Bu~s P~ Z-~ ~: ~ P~ F~
6.. ~ ~ a rc~cd v~?~ ~ so, ~ ~ you ~~'
: ~1. Give ~o~ pr~scn~ or mort ~at ~I~, ~
,, HAY 3 0 ~001
h ~ be tl~ ~pplicam'~ ~ ,~ emure ~ a ~rr-,',,' : u on
JEFFREY SZLB£RSTEIN, PRJNCIPAL
EDUCATION:
Prat~ Institme and Clark Univeni~, Arch;'tectu~ Degree
Harv,~'d University Graduate School of Design, June, 1989
Harvard Univenit), Graduate Schoo! of Desi~rt, July, 1996
C£RTIFICATION:
Registered Architect: Florida
EXPERIENCE:
Silberstein Architects was founded in 1990. We are · small firm with · reputation for
irmovaxi~e design end. delivering projects wi~in budget and' on s~bedule. This is evident
as we continue to work ~ repeat clients end referrals generated by our rcTutetion. Our
success evolves as we assis! client~ in defmlng pro, iect goals well before suggesting
solutions, a process that creaTeS · full under3t~ding of obje~ves before u'ansforma~ion
into real~.
As principal of the firm, JeiYrey Silbemein is widely recognb, ed for his desi~
achievement. ~e~er a ~ge ~io~l complex or a ~l ~t~or ~ova~on,
Silbe~ein's desi~s Fe ~c~ ~d s~ple. Je~ey Sil~te~'s ~ent to qualJ~ nd
his patience ~ achiev~ ~e ~st ~ss~blc desi~s ~ e~dem ~ ~e ~y a~ he
. won. His sol~ons, which ~ ob~o~ ~d s~ple, ~ ~e ~sult of diligent
yam ~& s list of p~en~ ~hite~ ~ ~ proje~ to his ~dJt. He
~s~Jated ~ m~y ~uJld~ ~s, ~lud~ ~u~ional ~ili~es, o~ce build~,
~te~or o~ce ~d ~identia] ~no~, m~e~, ~ ~Jl~es, ~Ji~Jo~ ~ilitJes,
~sidences, m~ed - me developmenu ~d ~e~ial ~jem. ~e ~ ~e of
Mr. Silberstein has served as, · guest writer for the Ha,froM Architemn'al Conservancy
and The Palm Beach Pos~ · critic member ofthe Works ofAJ't Conuninee of the Boca
Raton Museum ofArt, a member of Amior AChievement and on the Boca Raton
Community Redevelopment Asency Task Force on The Grace Co~vn_ issJon.
LIST OF PROJECTS:
Boca Rtton Comm. unJt~ High School, Science Addition and Mut~ Phn, Boca Prima,
FI. AIA Award for excellence in Design
lriorfda Atbntic University, College ofF. ducatJon~ Boca Rimn, FL
Hunt i~lemenf~ry School, Coral Sprin~ Fl.
Harld Conservatory, Boca Raton, Fl.
Temple ls~el Early Childhood, Wes~ Pilrn Beach, Fl.
All* SUr Academy & Sports Camp, l:)ehy Beach* FI.
Temple Bet Emef £ar~ Childhood and Brides 1,2 ~, ~ Cf1)', Fl.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. AL4. Award for Ezcellence In Design.
The Gallery Center, Boc~ RAton, FI.
bJorlkJmi Museum, Del~y Beach, Fl.
SPECIALTY PROJECTS:
West RetJonal Courthouse, PhntatJon, FL
B'nui Torah Congregation, BocJ R~ton, FI.
Temple br~el, Wes~ Palm Bern:h* Fl.
Bors Rtton Mausoleum, Boca Riu)n~ Fl.
Temple Bet Erect, Cooper Ci~,, FL (Currem)
Temple brsel, Wes~ Pahn Beach, Fl. (Current)
LIST OF PROJECTS:
OFFIC£ BUILDINGS:
Bank of Nova Scotia, Curacao, Nctherlsnds Antilles
Pr~idential Circle, Ho]l~ ~. Wbner of many d~ iwar~
Tnmmel Crow Co~o~te
W~K Studio. ~ ~ton, Fl. ~ Award for Ez~llen~ b ~n.
NCNB ~n~
Over ~00,000.00 square of o~ee spsee planning for Hend~on Mental H~ ~r,
Spectrum
Silbe~teln Architec~, ~y Beach, Fl. AIA Awa~ for Exeellen~ ~ ~lgn, 2~0.
~CO]V! MERCIAL/RETAIL PROJECTS:
"Heru Servtee and Retool Facility, Windsor Locks, Conne~'ticut. AIA Award
Boca Valley Shopping Center, Bo~a Raton, Fl.
Key West Espresso & Ice Cream, Key West, FI.
Littman Jewelers, Bonairs, Ne~herlznds Antilles.
Llttman's At The Plaza, Bonaire, Netherlands Antilles
Llttman's, Bonaire, Netherlands Antilles
Peppercorn's C. aft, Key West, Fl.
LIST OF PROJECTS:
HOTELS & RESORTS:
Parodtse VflLtge Tulip Hotel, Cm'a~o, Netberhnds Antilles
The ~l~mJe! Resort, Bonabe, NetheFlands Antilles
Aviht Beacb Reso~ Cun~uo, Neth~l~ds Antilles
MIXED USE PROJECTS:
Union Station, Hartford, Connecticu~
PioeappJe Place, Debs)/Beach,
One Young Circle Condominium Tower, Hollywood Buch, Fl.
Sir30fl3ce and RetaJ! Complez, Debs,, Beach, FI.
Jh'T£RIOR ARCHJTECTURE:
Becket Resjdence~ Bc~4. R~on, Fl. A. LA. Award 1999
Fo~ht Residence, Bo~'bs Netherlands Antilles. ,6..1.4 Award 199';
A~srd)* Residence, Boca PJton, Fl.
F4~ze,; Residence, Bon~e, Netherhnds Antilles
Green Residence, Boc~ P4ton, Florida
Simon & Simon Low Of/kcs, Delrry Buch, Florida
WJMK Studios, Boca ]taton, FL AIA Award rap Exeellence in Iksi~n.
LIST OF PROJECTS:
RESIDENTIAL:
Nati(a3nhl Custom Homes: (hast~m Homes
WyclJff Country Club: C'N~om Homes
Governor's Walk, Deh¥ B~ach, Fl. ( Cufl'ent )
Netl's Market, Deb'ay Beach, FI. ( Current )
Clark Residence, les Jardins, Boca gaton, FI.
Ht~enberg Residence, Bonaire, ]qetherlan4s Antilles Featured in Caribbean World
Magazine
Foght Residence 1, Bonah'e, Ne,~erhfld~ Anti]les AKA Award of Honor For Design
Fozht Residence I1, Chicco, Illinois ( Current )
RJchman Residence. Deh~ Beach, Florida
; L,frtman ResMence, Bona~re, 3qetherhnds Antilles
Katzev Residence, Bc~xa~re, ]qe~erlancLs Antilles
Gardenia Place Tow~bouse Communit~, Lauderdale By The Sea, Fl.
One ¥oun{ (2JreJe Condominium Tower, Hollywood Beach, Fl.
Andrews Residence, Ocean gld{c, Florida
Andrew's Residence I], Oce&n RJd~e, Florida (current)
Tick'tin Residence. Ft. Lmuderdale, Fl. (curr~t)
SchlJcbt Residence, Boca Raton, FI. (current)
LIST OF RESIDENTIAl, PROJECTS CONTIAqJED RESIDENTIAL**
l,tsslter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonaire, Netherlands Anlilles
£pst~ Residence, Westor~ Florida
Green Residence, Boca Ralon, Florida
Pfneapple Place, Iklra~, Beach, Florida
ScbmJer Residence, Dclr~, Beach, Florida (ctu'r~nt)
Caribbean Blue ¢ondomlaJums, Bona~. Netherhnds Antilles ( Current )
BOARD ME~IBER APPLICATION
1993
- P!e~c _t,Xpe ct prim tee ~1~ ',mf, ottn~tlon:
3. L=~I Re~den~:
State
"L '
Mi
Zip Code
Zip
State Zap Codc
"
,6. A~e you · ztgbtczedvote~? ~
t ~t
7. ~g%at Board(s) ate y~u~ ~ d in.s~mg~ Please~st ~ ~der ofpref=ence:
8. ~st s~ Ci~ Bo~ds on ~ you ~e
~0. ~st ~ny r~leg p~f~ssiong c~mflcidons ang ~c~s~; ~c~ you hold:
.
1 I. Give yo~ P;e~t, ot most recent employs,' ~nd pos
, ,. 4~?-,,~, c'~eg~. ~ . ,.-,~ r. .
12 Dcs~be ~erienc~,A~ or ~I~ ~ ~u~ Ycu to ~ on this bo~ ~l~e ~ttach a b~ef~sume)
, s~~ 1 ' - ~ o~e RECEIVED
subbed, h w~ be ~e ~p~nt's
~ITY GLERK
0~ 18 01 08:28& RDELPHIR BOCR 5G1 4?9 244~ p.3
Sidney Snyder
Community Relations Coordinator
August 1, 2001
Personal Achievements During past year
(August 2000 - July 2001)
Sid was personally responsible for arranging that Adelphia
Cable be the medis sponSOr of'the following events:
Boca Ballot
· Ballet Florida
· Boca Raton Art Museum
· Boca Raton Children's Museum
· Boca Points Art Fair
Boca POPS
· Citrlx Tennis Tournament
Crest Theatre - Special Performances
· Hospice by the Ssa - Summer Celebration
· Palm Beach Film Festival
· The JCC Music In tho Round
· The JCC Celobration Series
· The Delray Beach Affair
o Tho Conservatory of Music at Lynn University
· Lynn University-Tale-Communications Department
Re. The above mentioned events: Sid was able to get full.page
ads In all the Playbills and mention of Adelphia Cable in all
publicity releases. This publicity was et no cost to Adelphia.
Other personal achievements during this past year were:
· Moderator for CLUB TALK TV Program for Boca West.
· Originator, host and moderator of weekly television program
entitled "Around Our Town". Among these shows are a
monthly series called "Eye on Education", a monthly show
on Medical Issues, a monthly show on Art and Culture in the
Boca/Delray area.. Also Interview local' political leaders, end
currently being contacted by national authors and politicians
requesting to be Interviewed on the Ntow.
· 8et up Internship program with Lynn University's
telecommunicatiorm department.
· Appointed to South County Political Committee by
Commissioner Mary McCarty.
Cont'd
· Frequent personal contact and many talevision interviews
with:
Representative Robert Waxier
State Senator Ron Klein
Chairman of the County Commission, Burt Aaron.on
Commissioner Mary McCarty
Police Chief Overman of Delray Beach
Mayor Jay Alperin of city of Delray Beach
· Set up reading programs at eight elementary
Put cable Into all of the* public schools in the
Boca/DelraylBoynton areas.
Delivers cable in the Classroom magazines to all schools in
Boca Raton, Delrey Beach and Boynton Beach
· Installed high speed modems in the above mentioned
schools for the use of,the students.
· Installed cable and high speed modem8 in all public libraries
in our area.
· Set up a scholar"hip in tho name of Adelphi. for a student at
Lynn University, School of Telecommunications.
· Awards an annual plaque for teacher of the year in
elementary, middle and high schools in our area.
· Received award as Volunteer of the Year from Hospice By
the Sea.
· Received Outstanding Educational Achievement Award from
Banyan Creek School.
· Received award for "Partners in Educ. tton" in Palm Beach
County
· Receiving Distinguished Service Award from the Delray
Beach Police Department f~or work in the anti.drug program.
· Serves on the following boards as a representative of
Adelphi.:
American Diabetes A~oclation
American Heart Association
Hammock Polnte School Advisory Committee
Migrant Association of Palm Beach County
Music Conservatory at lynn - Community Relation~ Board
American Cancer Society
Education Committee of the Boynton Beach Chamber of
Commerce
Education Committee of the Delray Beech Chamber of
Commerce
DEI,R~_ y BEACH
~ CITY OF DELRAY BEACH
~llJJ BOARD MEMBER APPLICATION
1993
Please type or print the following information:
y L v/~ J e a,.
Home Address:
State
Zip Code
3. Legal Residence: City State Zip Code
4. Prindpal Business Address: City State Zip Code
5. Home Phone: Business Phone.. E-Mail Address: Cell Phone: Fax:
8.. :L,i~ ~11 Cig,, Boards on which you are mu'ren~ ser~',.~ or 1,.~ve ~re'~o~ sewea: (plebe ~clude &te$)
9. Educational qualifications:
10. Ust any related professional certifications and licenses which you hold:
11. Give your present, or most recent employ_er, md.position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby ~rtify that all the above statements ~ lin4 ex,a~e~md understand that any misstatement of material facts
s~,~^'n.v,z CITY CLERK x) ~
Note: This application will remain on rile'in:the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYCLERK~I~OARDL&PPLI CA TION
./
Jean Sylvia
1050 B North Dr.
Delray Beach, Florida 33445
( 561 ) 265-0799
Birth Date 11/8/40
Sex Female
Occupation Retired
Widow
Brief Background History
Big Chief Lewis Real Estate
Sunrise Highway
Massapequa, N.Y.
1966-1972
Position: Salesperson
By Lou Real Estate
4905 Sunrise Highway
Massapequa, N.Y.
1972-1979
Position: Owner/Broker
Treasury Hotel/Casino
Flamingo Rd.
Las Vegas, Nv.
Position: Dealer
1979-1982
Alladin Hotel/Casino
Las Vegas Blvd.
Las Vegas, Nv.
Position: Dealer
1982-1985
Riviera Hotel/Casino
Las Vegas, Nv.
PosiTion: Floorperson
1985-1999
Secura Electric Contracting
Las Vegas, Nv.
Position: President
1986-1992
Secura Genera~ Contracting Secura Wholesale
Las Vegas, Nv. Las Vegas, Nv.
1985-1992 1985-1992
Position: President President
! took a leave from the casino ~ndus~ry fo~ a few years to get
actively involved in the family construct]oh businesses. We did both
residential and commercial business.
Memberships
1991-1979, Nassau County Democratic Club, District Leader; was actively
involved in local, state and national elec:lons
1968, founded, Massapequa against Drugs, a wal~-ln drug ceunceling center.
1970-1979, Massapequa Chamber of Commerce
1966-1979, Long IslAND Board of Realtors
would be happy to supply more information if you need
BOARD MEMBER APPLICATION
1993
2001
I. l,~t N~ · Ntm~ ~
4. ~ ]~iness Address: Ci~
5. Home Phone: ~usiq~s Pbgc: ~ A~: ~ Ph~: F~:
~. ~. you · ~..a,o~ .~ ~r,o,.a~ =. you ~,~a~
8. ~t a~ CiD' ~ds ~ ~ y~ sre ~m~ ~g or ~ve ~u~lI ~ ~e
I ~by c~ ~t ~ ~e ~e s~m~ ~ ~d I ~ ~ ~nd ~kt my ~s~t~mt of~ ~c~
~ ~ my ~ of ~y ~~t I ~ ~e.
~G~~ D.A~
.................
Note: This application will remain on ile in the City Cie:k's Office for a period of 2' it wis
submit,ecL h ~ be the spplicaat's ~poa~ilit7 to e~. m:R tlmt· cun~t
OITY CLERK
Alan Thlem~n, MBA, ~r~HR
2505-A Lowson Boulevard
D elray Beach, Flodda 33445
Athiemsnn~sol.com
Evaluate cleparlmental and oq~nizJ~on~l systems and processes, k~en'd~ng inafficien~s,
omissions and redundancies, then recommend, implement and' evaluate alternate, mom
effective pmcasses. Conduct employee performance needs analyses, Ihen design =,nd
implement appropriate competency-based training. Provide training for managerial, technical
and line staff, addressing such critical areas as: Employee Odenta'don, Environmental
Safety/OSHA Compliance, Quality Improvement Processes, Organizational Dynamics,
Superviso~ Skills, Customer Service Skills, Business Communicgdon Techniques, Stress
Management, Cultural Diversity and Conflict Resolulion. Direct organizational development
activities via 1:~ coaching, small group sessions, videotaped feedbac~ workshops, and
seminars. Evaluate and integrate HRIS activities to monitor employee participation and
competency levels relating to funclional abilities and peff~ improvement kdtiativas.
(Janumy 1995 - present)
Hmr~n I~ou~ Manager I Regional HR Training Manager
Directed all areas of human resource managemeN for n 225+ employee, multi-site healthcare
organization. Responsible for. Employee recruitment and retention; Credentials verification;
Employee counsefing, disciplinary actions and terrninations, Competitive w~eA:mnefits
analysis and administmtkm; Benefils admini~;,~on; Work~ oompens~on; Urmmplwnmnt
~ml;~'~,~; EEO/Affirmative ecl]on ~ompl~nce; Policy ~ procedure development ~
IIK:luiremerlts. Directed facility's Training and ~ Plooram, wrdd'l included designing
and impleme ng a vadety of skills development seesiorm, rasumng in
emp~ees) in ttm sou~ Florkla regkm.
N~R Manor Care: ~ Florkfa Regkm
(Novembar ~? to Novembar 2000)
Alan ~, MBA SPHR
Humln Reaouroea: Cluml~ klmrm~ I ~n~e ~
facilitating better comm~ and outcomes between clinical and au)dilary d~par~ents.
mnawals, ~ developnmnt participation, and empIoyea hea~ (x)mprmn(:e. C)Mained C.E.U.
IXOvkMr status for clinical _staff in-~. Resb:tx:~md facility (xlentatk)n and staff
Mediplex Rehab-Paim Beach, West Palm Beach, Florida
(December 1992-January 1995)
Prodded adminlelralive leadership, ~uper~slon, and training, es well Is direc~ fronds-on
clinical services, for the E)llewing community mental health center programs: Emergency and
non-emergency Intake and Evaluation Department, Crisis Intervention and Counseling
Services, Clinical Case Management Sewk:es, and Individual, Family and Group
Psycl~therapy ~. Chai~ facility's Quality Assurance, Utilization Review, and Risk
Management Committees. Coordinated treatment team meetings to evaluate the quality and
appropriateness of clinical services, ensure the §meliness and accuracy of clinical
documentation, and ma)dmize financial reimbursement for services provided. Intemc:ted
regularly wtth other area treatment facilities and human sewice agencies, to facilitate continuity
of care and the efficient utJl~ of available community resources.
~South County Mental Health Center, Delray Beach, Florida
(June 1988 - December 1982)
ACADEMIC CREDENT1A~
· blestm' of Business Administration: Florida Atbntic University, 1997
Master of Aria, Pastoral Theology: St. V',x~em De Paul Regional Seminery, 1989
Bachelor of Arts, Psychology: ~ Meinrad College, 1986
Associate of Arts, Communications: Ind'mn River Commur~ College. 1981
N~lonal Ceflllfc~lon # l .~enior Pid~tonal in ~ Ref, oum~ ~R)
Adjunct Ir~rudor, Keiser College,' Human Resource ~ Course
Adjunct Instructor. Palm Beach Community CMege, CorWnuing Educatk~ Program
Ucansed as a Risk Maneger (HCRM) bythe Florida Defladment of Inaoranca
Member of the Soci~ for Human Resoun:e Management (SHRM)
Member of the ~ntema~ Sodety of Performance ~p~nent 0SP0
Member of the American Society for Training and Development (ASTD)
Member of lhe Human Resource Association of Palm Beach County
PROFESSIONAL OBJECTIVE
commitment of b'~eir invaluable human r~oun:~-and thereby mJding to ~tmt
mganiza~ion's r~amc~ sta~ and growm.
SUMMARY OF QUALIFICATIONS
* Over twelve yearn of progressh~ management experience, prtmmay in the human services
field, including eight years of direct, multi-site, multi-organization Human Rasouroe
generalist and speolalist responsibilities.
* A Master's degree in Business Administration (MBA), with an emphasis on Oqlanizalional
Development and Human Resource Management
* National certification as a Senior ~ional in Human Re~ou~ (SPHR)
* Proven employee relations, problem .4tving and ~ange management abilities, integrated
with dynamic coaching, training and team facilitation sldlls
* Proven ability to conduct organizational and departmental needs analysis, then to design,
develop, implement, evaluate and enhance competency based training programs and related
performance initiatives.
* Proven volunteer leademhip abilitlel as a member of the Leademhip Council of the Single
Volunteers of South Florida (SVSF is comprised over 1000 volunteer membem who assist
progmms)
[ITY OF DELRFI¥ BEFI[H
CITY ATTORNEY'S OFFICE
1993 TO:
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
Writer's D~rect Line: 561/243-7091
MEMORANDUM
November 14, 2002
City Commission
Susan A. Ruby, City Attorney
Resolution 94-02
The City owns Lots 7 and 13 and acquired the north 16 feet of Lots 7 and 13 by
right-of-way deed in 1936. Blocks 7 and 13, including the North 16 feet thereof, is
to be conveyed to the CRA which, upon closing, will then be conveyed to Block 77
for the Worthing Place development.
The City needs to acquire the property by eminent domain for the purpose of
having absolute right to the property to use as a City parking lot and in the
alternative in order to convey legal title for the Worthing Place redevelopment
project and in order to receive increased substitute parking under the City's
agreement with Block 77.
The right-of-way deed contains a reverter clause that states that if the north 16
feet is discontinued or abandoned as a public street, the title will revert to the
Grantor or his or her assigns. The City has used the north 16 feet for parking
purposes for more than 21 years. Dharma has purchased whatever rights the
Seller's heirs have in the north 16 feet of the property on Lots 7 and 13.
Our office recommends that the resolution authorizing eminent domain be
approved in order to secure the land for its current parking purposes or in the
alternative to further the redevelopment and receive increased parking to the City
under our agreements.
Please place this Resolution 94-02 on the November 19, 2003 City Commission
Attachment
cc: David T. Harden, City Manager
Barbara Garito, City Clerk
RESOLUTION NO. 94-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL
PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE
OF CLEARING TITLE TO THE SUBJECT PROPERTY, FOR
PROVIDING PUBLIC PARKING IN DOWNTOWN DELRAY BEACH
AND FOR STIMULATING ECONOMIC DEVELOPMENT IN THE
DOWNTOWN AREA OF THE CITY OF DELRAY BEACH;
DECLARING THAT THE ACQUISITION OF THE PROPERTY IS
NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE
HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN
OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN
PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA
STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PUKPOSES.
WHEREAS, on or about September 14, 1936, the City of Dekay Beach was grantee on a certain
Right-of-Way Deed recorded at Deed Book 533, page 103 concerning certain lands more particuIarly
legally described on attached Exhibit "A";
WHEREAS, said Right-of-Way Deed contains a provision stating that the lands conveyed therein
be used for public street purposes "with the express understanding and condition that should the same ever
be discontinued or abandoned as a public street, the title to the same shall thereupon revert to and revest in
the parties of the first part, or assigns"; and
WHEREAS, since the date of said Right-of-Way Deed, the City of Dekay Beach has continuously
utilized the subject lands for public purposes. However, for in excess of twenty-one (21) years, the lands
have not been utilized as a pubhc street but rather have been used for public parking; and
WHEREAS, the City of Delray Beach is currently a party to an Agreement with Block 77
Development Group, L.C. dated January 4, 2000; and
WHEREAS, pursuant to said Agreement, the City of Delray Beach is obligated to convey certain
lands, including those lands described in attached Exhibit "A" to the Delray Beach Community
Redevelopment Agency in furtherance of a mixed use, redevelopment project on Blocks 77 and 69, TOWN
OF LINTON; and
WHEREAS, said redevelopment project will increase public parking in downtown Delray Beach
and provide for improvements to Worthing Park, a City park; and
WHEREAS, said redevelopment project will include the construction of approximately 219
residential apartment units and approximately 18,000 SF of commercial and~or retail space in the
downtown area of the City of Delray Beach; and
WHEREAS, said redevelopment project will provide economic stimulation and investment in the
Central Business District and will increase night-time activity in the downtown area; and
WHEREAS, it is necessary for the City of Delray Beach to remove or eliminate the deed
restriction/reverter set forth in the above conveyance so that the City may continue to use the subject
property for public parking or, in the alternative, so that the City has clear title to said lands in order to
convey the same to the Delray Beach Community Redevelopment Agency for redevelopment purposes;
and
WHEREAS, the clearing of the title to the subject lands in order to permit its continued use for
parking or as a component of a redevelopment project serves the public purpose of redevelopment and
stimulating economic development pursuant to Section 166.021(9), Fla. Stat. in the downtown area of the
City of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA THAT:
Section 1: The City Commission adopts and ratifies those matters set forth in the foregoing recitals.
Section 2: The City Commission hereby finds that it is necessary to acquire the lands described on
attached Exhibit "A" for the public purpose of clearing title to the subject property, for providing public
parking and for redevelopment and stimulating economic development in the downtown area of the City of
Delray Beach.
Section 3: The City Attorney or her designee, is hereby authorized and directed to proceed to take
all necessary steps, including the hiring of Vance, Doney & MacGibbon, P.A. and other legal counsel,
appraisers, and experts in other disciplines, as necessary, for the City of Delray Beach to acquire smd
property and the City Attorney, or her designee, shall prepare in the name of the City of Delray Beach all
papers, pleadings and other instruments required for the purpose, and to see that all eminent domain
proceedings are prosecuted to judgment pursuant to Chapter 73 and 74, Florida Statutes.
Section 4: The City attorney and the City Manager are hereby authorized and directed to take such
other further actions as are reasonably required to fully accomplish the purposes hereinabove directed.
Section 5: This Resolution shall take effect immediately upon passage.
2 RES. NO. 94-02
PASSED AND ADOPTED this
day of
,2002.
CITY OF DELRAY BEACH, FLORIDA
Attest:
City Clerk
MAYOR
RES. NO. 94-02
Tim North Sixteen (16.0) feet of Lot ?, Block 77,
TOWN OF LINTON (now Delray Beach), according to
the Plat thereof recorded in Plat Book 1, page 3 of the
Public Records of Palm Beach County, Florida
AND
The North Sixteen (16.0) feet of Lot 13, Block 77,
TOWN OF LINTON (now DeL-ay Beach), according to
the Plat the~of ~eorded m Plat Book 1, page 3 of the
Public Records of Palm Beach County, Florida.
'1~1 ~i/ ~ ~ ~
I ~ I~ '
0
~r ~ S.E. 2ND AVENUE
=AVIROM INO. DATE BY CK B~ND~Y ~R~
~ A~SOCIATES.
8GALE
1''
REVISIONS
20'
SURVEYIN~MAPPIN~ DATE 11/04/2002 ' N~ 16'
· 0 S.W. 2ND AVENUE. 8~TE 102 BY N.L DE~AY BEACH, F~MERLY TO~ OF UNTON
BOCA RATON. FLORIDA 33432
~. {~el) 392-25s4. FAX (5el) 394-7126 CK'D.
NOT ~ ~0~ ~ C~ ~T ~. ~ JOB N0.7218 ' D~AY
John F. Romano
Edward Campbell
.Joel S Croton, M D
M~chael D Er,ksen
Stacey D Mull,ns
Er~c Romano
Stanley E Preiser, of Counsel
(Adm;tted ~n WV & KY only)
ROMANO
ERIKSEN
CRONIN
MULLINg
A LAW PARTNERSHIP PROFESSIONAL ASSOCIATIONS
November 19, 2002
VIA FAX - 561/278-4755
HAND DELIVERY
The Honorable David Schmidt
Mayor, City of Delray Beach
200 Northwest First Avenue
Delray Beach, Florida 33444
Re:
Elimination of City Commission Agenda Item/
Tonight's Agenda - Resolution 94-02
Dear Mayor Schmidt:
I represent Dharma Properties.
My client has just today learned that there will be an item on
the agenda for tonight's City Commission meeting that directly
involves a parcel of its property. I have just received - (as of
approximately 11:30 a.m. today) - a copy of the City Attorney's
November 14, 2002 memorandum to the City Commission regarding
Resolution 94-02 (along with a copy of the proposed Resolution
itself). As you are well aware, the City Attorney's "memorandum"
discusses Dharma's previous purchase of this particular property.
Legally speaking and in terms of fairness, it is a mystery as to
why the City would not give appropriate and timely notice of such
a matter to a property owner in Delray under these circumstances.
Dharma must object to this Resolution 94-02 being on and remaining
on the agenda for tonight's City Commission meeting, the meeting
of November 19, 2002. It is simply not right for a city - a
public entity - to do such a thing!
Th9 ~,urpose of this letter is to request that this item be removed
'fr6m tonight's agenda so that proper, adequate,' and timely notice
OFFICE ADDRESS. 1005 Lake Avenue, LakeWorth, FL 33460-3709 ~ MAILING ADDRESS PO Box 21349, ~Zest Palm Beach, FL 33416-1349
PHONE: 561 533 6700 I FAX 56~ 533 1285 [ E~A~L. johnrolaw@aol corn I www romanolmgauon corn
The Honorable David Schmidt
Mayor, City of Delray Beach
Page Two
November 19, 2002
can be given to us in order to give us the time to adequately
assess and evaluate all of the related issues, rights, and respon-
sibilities, etc. Since we were given absolutely no notice of such
a move by the City under these circumstances, it is certainly
reasonable for the City to take this item off the agenda and give
us a reasonable amount of time to evaluate this matter so as to
prepare for a proper response and statement of position.
Mayor Schmidt, it is becoming more and more clear that the City is
doing the work of and for the Block 77 Development Group. Dharma
has not been and is not being treated and dealt with legally or
fairly in terms of how a city should deal with a citizen or prop-
erty owner. Acts such as these clearly demonstrate individuals
taking steps that go far beyond their city duties, and these acts
are beyond the scope and outside of the realm of a job being done
by city personnel and employees for and on behalf of the good of
the City. The very idea of drafting and trying to push a resolu-
tion that ultimately may have the effect of taking away an indi-
vidual's property, and yet not even giving direct notice to that
individual, flies in the face of reasonableness and fairness.
This is especially so when you consider that there is current
ongoing litigation between and among Dharma, the City, and the
Block 77 developers. The City must be responsible for its
actions. Likewise, individuals who have acted and are now acting
beyond the scope of their authority for the City must also bear
the burden of their actions and conduct.
Sincerely,
JOHN F. ROMANO
JFR:bl
cc: Susan A. Ruby, City Attorney
200 Northwest First Avenue
Delray Beach, Florida 33444
(Hand Delivery and
Via Fax - 561/278-4755)
David T. Harden, City Manager
200 Northwest First Avenue
Delray Beach, Florida 33444
(Hand Delivery and
Via Fax - 561/278-4755)