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08-05-14 Regular Meeting AgendaCity of Delray Beach Regular Commission Meeting Tuesday, August 5, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL. 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. June 3, 2014 - Regular Meeting 5. PRESENTATIONS: A. NONE 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. ON -LINE AUCTION WEBSITE/ GOVDEALS.COM: Approve the sale of assets with an estimated market value greater than $10,000.00 through the on -line auction website GovDeals.com. This is in compliance with Code of Ordinances, Chapter 36, Section 36.08 (C), "Disposal of Non -Real Property; Market Value Greater than Ten Thousand Dollars ($10,000.00) ". Funding is available from 501- 3311 -591 -34.90 (Garage Fund: Other Contractual Service). B. INCREASE SPENDING LIMIT /CLASSIC AUTO COLLISION: ADDrove an increase to the spending limit for Classic Auto Collision to $45,000.00 for repairs to the Cites vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year ". Funding is available from 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /C.G. — Outside Service), C. INCREASE SPENDING LIMIT /SOUTHEAST TRUCK SPECIALIST: Approve an increase to the spending limit for Southeast Truck Specialist to $35,000.00 for repairs to the City's emergency vehicles. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year ". Funding is available from 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /C.G. — Outside Service). D. INCREASE SPENDING LIMIT /HECTOR TURF: Approve an increase to the spending limit for Hector Turf to $40,000.00 for lawn mower and tractor repair parts related purchases. This purchase award is in compliance with Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year ". Funding is available from 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /C.G. — Outside Service). E. PROJECT AGREEMENT /FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION /CLEAN VESSEL ACT GRANT PROGRAM: Approve a Project Agreement between Florida Department of Environmental Protection and the City of Delray Beach for the Clean Vessel Act Grant Program for reimbursable funding in the amount of $10,959.36 for maintenance and repairs at the Municipal Marina. F. FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT/INTERIM CITY MANAGER TERRANCE STEWART: Approve the First Amendment to the Employment Agreement with Interim City Manager Terrance Stewart to extend the term of the agreement in order to allow sufficient time for the City Manager recruitment. G. PROCLAMATIONS: 1. Florida Water Professionals Month — Auuust 2014 H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period Ju1X 14, 2014 through July 25, 2014. I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Pro Courts (Bid No. #2014 -31) in the amount of $31,818.00 for the resurfacing of seven (7) Har -Tru clay courts at the Swim and Tennis Club and six (6) Hydroblend clay courts at the Tennis Center. This is in accordance with Code of Ordinances, Chapter 36, Section 36.03 (A), "Acquisitions of Twenty -Five Thousand Dollars ($25,000.00) or Greater ". Funding is available from 334 -4145- 572 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair /Maintenance Costs). 2. Purchase award to Garber Chevrolet (FSA Contract #13- 210904) in the amount of $40,206.00 for two (2) replacement vehicles that have exceeded their life expectancy, reached life -to -date repair costs at or beyond 100% of their original cost, and have accrued excessive mileage, beyond 100,000 miles. This award is in compliance with Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contract ". Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery/Equipment /Automotive). REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW APPEARANCE BOARD'S DECISION: G. SQUARED VENTURES, LLC.: Consider an appeal by G. Squared Ventures, LLC., of a Site Plan Review Appearance Board's Decision to approve a requested color change for a commercial building located at 98 S.E. 61h- Avenue. (Quasi- Judicial Hearin B. IN -LIEU OF PARKING FEE REQUEST /MINDFUL MANAGEMENT: Consider approval of a request from Mindful Management for the purchase of two (2) in -lieu parking spaces located at 280 -290 N.E. 2nd Avenue at a cost of $7,800.00 each totaling $15,600.00 to be paid in full upon issuance of a building permit. (Quasi- Judicial Hearin C. SETTLEMENT, RELEASE AND NON - DISCLOSURE AGREEMENT/ VINCENT GRAY: Consider approval of a Settlement, Release and Non - Disclosure Agreement with Vincent Gray for settlement of litigation. D. OFFER OF SETTLEMENT /THOMAS VOLPE VS. CITY OF DELRAY BEACH: Consider an Offer of Settlement in the total amount of $22,000.00 in Thomas Volpe vs. City of Delray Beach. Staff recommends approval. CONSULTANT /SOLID WASTE AND RECYCLING COLLECTION SERVICES REQUEST FOR PROPOSAL (RFP): Provide authorization for the City to retain an additional consultant in an amount not to exceed $25,000.00 to finalize the Solid Waste and Recycling Collection Services Request for Proposal (RFP). This is in accordance with Section 4.08(A), `Legal Counsel Appointment, Removal and Compensation; Appointment" of the City Charter. F. NOMINATIONS FOR APPOINTMENT TO THE PLANNING & ZONING BOARD: Nominations for appointment of four (4) regular members to the Planning & Zoning Board to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (,Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). G. NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nomination for appointment of one (1) regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat #2). H. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nominations for appointment of four (4) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2016. Based on the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commission Frankel (Seat #3) and Commissioner Jarjura (Seat #4). NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB): Nominations for appointment of four (4) remular members to the Site Plan Review and Appearance Board (SPRAB) to serve two (2) year terms endinM AuMust 31, 2016. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regardinlz the FY 2014 Proposed BudlZet at this time. B. ORDINANCE NO. 22 -14 (FIRST READING/FIRST PUBLIC HEARING): Consider an amendment to the Land Development Regulations (LDR) of the City of Delm Beach, establishing a temporary building moratorium on facilities offering the retail sale or transfer of does and /or cats as further defined herein for a period of six (6) months from the date of adoption of this ordinance; providing for geographic area covered; providing for the duration of moratorium. If passed, a second public hearing will be held on August 19, 2014. C. ORDINANCE NO. 19 -14 (SECOND READING): Consider an amendment to the Land Development Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off- Street Parking Regulations ", Subsection (E), "Locations of Parking Spaces ", Sub- Subsections (3), "In -Lieu Fee" and (4), "Public Parking Fee ", to reflect fee changes for same. D. ORDINANCE NO. 21 -14 (SECOND READING): Consider amending Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (A)(1), "Retirement Committee Established ", to require the Chief Financial Officer or Treasurer to be a member of the general employee's retirement committee. E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2014 -15: Consider approval of the CDBG Consolidated Annual Action Plan FY 2014 -15 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 96 SE 6th Avenue has come before the City Commission on August 5, 2414. 2. The Appellant, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 96 SE 6'h Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I below. I. LDR PROVISIONS A. LDR Reguirements:.The minimum requirements for building color are expressed in LDR Section 4.6.18(A) and (B). Pursuant to 4.6.18(B): (3) All facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. (4) To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. B. LDR Criteria: Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered in the review of color change applications. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the August 5, 2014 City Commission Meeting; Item 9.A. local environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the requirements of LDR Section 4.6.18(E) been met? Yes ✓ No 3. The City Commission has applied the LDR requirements in existence at the time the original color change application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves f denies the appeal and hereby adopts this Order this 5th day of August, 2014, by a vote of 5 in favor and 0 opposed. ATTEST: . Glickstein, Mayor a D r Chevelle Nuf�i City Clerk August 5, 2014 City Commission Meeting; Item 9.A. 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR MINDFUL MANAGEMENT LLC 1. This in lieu parking fee request for the purchase of two (2) parking spaces in -lieu has come before the City Commission on August 5, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Mindful Management LLC. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 2 parking spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is $7,800.00 per space totaling $15,600.00. Payment is due upon issuance of a building permit. Yes ✓ No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. August 5, 2014 City Commission Meeting; Item 9.13. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of August, 2014, by a vote of 5 in favor and 0 opposed. EST: Ca D lickstein, Mayor i z 6 1 Chevelle Nubj , City °` lerk 7 August 5, 2014 City Commission Meeting; Item 9.13. C. City Commission JUNE 3, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 3, 2014. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - None Also present were - Robert A. Barcinski, Acting City Manager Terrill Pyburn, Interim City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Anthony Cuseo. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Vice Mayor Petrolia moved to approve the Minutes of the Special/Workshop Meeting of February 11, 2014 Special/Workshop Meeting, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. Vice Mayor Petrolia moved to approve the Minutes of the Regular Meeting of April 16, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: S.A. Recognizing Student Ambassadors: Julie Duca, Alexandra Edoff, Christian Hoffman, Luna Jean, Kelli McCourt, Teagan Murphy and Leah Stephens 06/03/14 David Schmidt, speaking on behalf of the Board of Sister Cities of Delray Beach, introduced the following student ambassadors: Julie Duca, Alexandra Edoff, Christian Hoffman, Luna Jean, Kelli McCourt, Teagan Murphy and Leah Stephens who will be leaving on Friday to travel to Sister City Miyazu, Japan, where the students will be doing home stays and having an opportunity to attend a high school there for a few days before traveling onto Kyoto, Japan. Mr. Schmidt thanked the City Commission for their support and the proclamation. Mayor Glickstein read a proclamation hereby recognizing Julie Duca, Alexandra Edoff, Christian Hoffman, Luna Jean, Kellie McCourt, Teagan Murphy, and Leah Stephens as Student Ambassadors representing the City of Delray Beach. 5.11. RESOLUTION NO. 26 -14: Approve Resolution No. 26 -14 recognizing and commending Hal Knabb, Paramedic Captain, for 30 years of dedicated service to the City of Delray Beach. office.) The caption of Resolution No. 26 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BENJAMIN H. KNABB FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 26 -14 is on file in the City Clerk's Danielle Connor, Fire Chief, gave a few brief comments. Mayor Glickstein read Resolution No. 26 -14 recognizing and commending Hal Knabb, Paramedic Captain, for thirty (30) years of dedicated service to the City of Delray Beach. Mayor Glickstein moved to approve Resolution No. 26 -14, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 5.C. RESOLUTION NO. 28 -14: Approve Resolution No. 28 -14 recognizing and commending Mr. Robert A. Barcinski, Acting City Manager, for his dedicated service to the City of Delray Beach. The caption of Resolution No. 28 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT A. BARCINSKI FOR MORE THAN TWENTY -NINE YEARS OF 2 06/03/14 DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 28 -14 is on file in the City Clerk's office.) Mayor Glickstein read Resolution No. 28 -14 recognizing and commending Mr. Robert A. Barcinski, Acting City Manager, for more than twenty -nine (29) years of dedicated service to the City of Delray Beach. Mr. Jacquet moved to approve Resolution No. 28 -14, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote. S.D. Florida City and County Management Association — Presentation to Mr. Robert A. Barcinski George Brown, Deputy City Manager, for the City of Boca Raton, 201 West Palmetto Park Road, Boca Raton, FL 33432, stated the Florida City and County Management Association of Professional Association for Local Government, Managers in the State of Florida including Assistants, Deputies, etc. and Mr. Barcinski has been a member since at least when he came to Delray Beach. Mr. Brown stated the City of Delray Beach has been very fortunate to have had Mr. Barcinski because he has been stability during transitions over the years and he returns a telephone call within 20 minutes of it being placed. Mr. Brown read a resolution into the record honoring Robert A. Barcinski for his service to the Florida City and County Management Association while serving as Assistant City Manager for the City of Delray Beach. Mr. Barcinski gave a few brief comments and thanked Mr. Brown and the Florida City and County Management Association for this wonderful honor. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to a previous concern expressed by Mr. Blum about stop signs at Venetian Drive and Gleason Street, Robert A. Barcinski, Acting City Manager, stated the three -way stop signs at the intersection of Atlantic Avenue and Gleason Street are now in effect and existing signalization arms at Atlantic Avenue and Gleason Street have been removed. Mr. Barcinski stated there will be Police presence at this intersection to monitor it and three -way stop signs at the intersection of Atlantic Avenue and Venetian are pending activation. 3 06/03/14 Secondly, with regard to a previous concern expressed by Mr. Katz about the Barwick Road issue, Mr. Barcinski stated he is still collecting information on this from staff before giving a report. With regard to a previous concern expressed by Mr. Warner as it related to the CRA and the Gateway Project, Mr. Barcinski stated the Gateway feature was a major project included in the 2002 Downtown Master Plan. During the numerous public meetings held during the Plan's creation the community strongly expressed the need for a significant feature that would identify West Atlantic Avenue and I -95. Mr. Barcinski stated the goal was to eventually ease the history of Swinton Avenue being a divide between East and West Atlantic Avenue. He stated throughout the recession the CRA's budget presentation and Commission Workshops the Commission repeatedly emphasized the importance of completing this project. With regard CRA support of the Spady Museum, the CRA has been providing operating dollars to this museum since 2000/2001 totaling approximately $1.6 million over the past 14 years. In addition, the CRA has provided more than $1,028,000 for capital improvements to this organization. 6.B. From the Public. 6.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated he was on the Steering Committee of the Downtown Master Plan and he was a very strong part of the Gateway Plan. Mr. Warner stated no one ever mentioned $1 million and he expressed concern that there needed to be a little bit of prudence among the CRA staff because the Board refused to put its foot down and say we need to have accountability. Mr. Warner stated he concurs but maintains that the CRA staff led by the Director needs to be firmer about how tax dollars are spent. Mr. Warner stated he would much rather see the City spend the $6, $7, or $8 million in tax revenues that the CRA receives that way there will not be money going to a private property owner on A -1 -A to help renovate his building because in his opinion the beach is not a blighted community. Mr. Warner urged the City Commission to have a discussion with the CRA Director and ask for some accountability about what the CRA does. Secondly, Mr. Warner wished Mr. Barcinski the best of luck in his retirement. 6.B.2. Neil Schiller, Becker & Poliakoff, P.A., 625 North Fla2ler Drive 7th Floor, West Palm Beach, FL 33401 (represents Ameristar), stated Ameristar has been the incumbent parking vendor since the last term and has been in Delray Beach since 2002. Mr. Schiller stated Ameristar lost the bid by a combined total of seven (7) points and those seven (7) points came primarily on price. Mr. Schiller stated the first ranked firm Republic was low in how much they were charging the city per valet hours; they are at $8.33 per hour. He stated the five (5) other parking vendors bid from $13.00 - $14.88 per hour. Mr. Schiller stated parking is an important issue in the City of Delray Beach and there are many guests and residents using the parking garage and valet service and feels they are almost like ambassadors to the city; Mr. Schiller suggested that the City pay them well because that is the first impression of the city and stated the Palm Beach 4 06/03/14 County minimum wage is $11.02 per hour and if price was not a factor Ameristar Parking Solutions vastly was superior ranked by staff (188 points) and the second ranked firm Double Park, LLC would have been at 157 points and Republic Parking Systems would have been 150 points. Mr. Schiller read a sentence into the record from the RFP and urged the City to award the contract to Ameristar. 6.B.3. Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL 33483, concurs with comments expressed by Mr. Schiller about the parking and traffic congestion. Mr. Homer stated valet is both the first and last point of entry into this area for many people. He expressed concern about this out -of -state company coming in with a bid with more than $50,000 less than the lowest cost bid. He stated the valet attendants make their money from their employers and if it is not from their employers sometimes it comes in the form of theft. Mr. Homer expressed concern over the possibility of turnover and failure within that company but more importantly for the downtown area. Mr. Homer urged the Commission to approve Ameristar's proposal. 6.B.4. Jason Dollard, 295 N.E. 5th Avenue #31, Delray Beach, FL 33483, stated he has owned a business in Delray Beach for approximately seven (7) years and has lived here for ten (10). He stated the parking situation is a big deal for rest of the people that come into town west Delray, Fort Lauderdale, Boca Raton, or Boynton Beach. In his opinion, Mr. Dollard stated we need someone in this town who knows the parking situation, who knows the people in the city, and who knows and has experience on how to deal with problems that arise. He stated Republic Parking Systems, Inc. is a Tennessee based business with no experience in this town. Mr. Dollard stated with projects that are going to be coming in the future, the City needs people that are going to find solutions to these problems. He stated in the response the staff themselves acknowledges that there is going to be a higher than usual turnover in the valet position with this new company considering that they only have one person and their Republic's bid is $40,000 less than the next lowest bid and all the other bids are within $10,000- $15,000 of one another. 6.B.5. David Harden, 516 North Swinton Avenue, Delray Beach, FL 33444, read a brief statement into the record regarding Waste Management. Mr. Harden entered his statement and agenda backup memos into the record. 6.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, briefly commented about the recommendation for the termination of the City Manager and the 90 -day suspension and feels it is an insult to taxpayers that the City Manager is not here but is getting paid. Ms. Moody commented about Mr. Chapman's character and in her opinion she feels that the Commission should not judge a man that was only hired one year ago. 6.B.7. Wally Bice, District Manager for Republic Parking Systems, Inc., stated Republic Parking Systems, Inc. has been in business for 49 years and run parking facilities across the country (89 cities). Mr. Bice stated they are currently in Jacksonville, Tallahassee, and Pensacola and their largest valet contract is Texas Medical Center in 5 06/03/14 Houston where they park 1,500 cars a day. He stated Republic knows how to run a valet, a garage, and a service lot. 6.B.8. K.C. Traylor, Palm City, Florida, read a brief statement into the record about the All Aboard Florida Project. Ms. Taylor encouraged everyone to visit the following websites to obtain more information: floridanotallaboard.com or follow them on Facebook floridanotallaboard.com and join over 14,000 other people that have signed their petition against All Aboard Florida barreling through the towns. 6.8.9. Jon England, President of Ameristar Parking Solutions, stated he started his parking career in Delray Beach in 2002. Mr. England stated the maximum billable hours per the RFP per hour per are 339 hours and out of those 339 hours 207 hours are dedicated to the valet parking portion of the contract; annually it breaks down to 17,628 projected billable hours. Mr. England stated if Republic was to pay the parking manager, the overnight porter, the cashiers, and the valets at a rate of $9.00 per hour their payroll costs are at $158,652. Mr. England stated if you factor in the workers compensation rates and the taxes that they are going to have to pay for those employees it comes out to $31,730 bringing the total to $190,382 ($4,000 from what their bid is). He stated this does not include insurance, bonding, training, uniforms, or the cost of doing business outside of that. Mr. England stated Ameristar Parking Solutions is fairly priced and prides themselves on paying their employees more money so they can provide good service. 6.8.10. Dr. Alan Costillo, 450 East Atlantic Avenue, Delray Beach, FL 33483 (owner of Big Al's Steaks in downtown Delray Beach), thanked Mayor Glickstein and the City Commission for allowing him to express his concerns about the food vendor issues in city events last year. In addition, Dr. Costello thanked Mayor Glickstein for suggesting the formation of the committee and stated the Events Committee was formed by the City Manager's office. Dr. Costillo stated the Events Committee had four (4) meetings all under the direction of Assistant City Manager Robert Barcinski who did a phenomenal job. Dr. Costillo stated the other result of this committee was the formation of the Downtown Delray Beach Restaurant Association (DDBRA). Dr. Costillo stated they meet once a month and those that are interested can contact him directly or go to the web at www.ddbra.org. 6.B.11. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (President of Bexley Park, member of the Education Board, and a member of the PTA at Banyan Creek Elementary School), stated about six (6) months ago Mayor Glickstein sent a letter to D.R. Horton c/o Law Firm Becker & Poliakoff, P.A., and was ignored. Mr. Katz stated Bexley Park was a housing project in conjunction with D.R. Horton and Delray Beach yet now Becker & Poliakoff wants the respect of the Commission. Mr. Katz expressed concern that Becker & Poliakoff, P.A. did not show any respect to at least have a meeting with the Mayor and the Commission. In addition, Mr. Katz stated to this date, Becker & Poliakoff, P.A. have refused to meet with the Bexley Park Homeowners' Association and try to remedy a problem. 6 06/03/14 6.11.12. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483 (speaking as a resident and taxpayer), stated she finds it disheartening that several department managers and key staff members approximately 250 plus years of institutional knowledge have left the city management operations over the last 12 months. She stated some of these key people are near retirement age which is more understandable than many of the young minds that have left the city. Ms. Morrison expressed concern that when the Interim City Attorney leaves the city she will take another 121/2 years of institutional knowledge with her. Ms. Morrison stated everyone in leadership throughout the County from key representatives and legislators in Tallahassee have indicated that Ms. Pyburn is an expert and is a rising star. Ms. Morrison stated when highly functional professionals can no longer function in the workplace she feels this should be an indicator that there is a problem. She urged the Commission to address the issues before bringing another key person that reports directly to the City Commission into this work environment. 6.11.13. Melanie Langford, 1036 Seasage Drive, Delray Beach, FL 33483, distributed photos of her property and stated there is a drainage pipe that had collapsed between her home and the neighbors. Ms. Langford stated this has been going on for over a year and the City has filled in the hole 5 -6 times but expressed concern that it could damage the foundations of both homes. In addition, Ms. Langford stated there is also exposed wiring. She stated City staff indicated that they were directed to get bids because the work is very specialized. Ms. Langford stated that the sidewalk is also beginning to collapse beside the home as well. She also requested gas and made a deposit 4 months ago but the gas company is reluctant to put gas in until they know what is happening with this issue. 7. AGENDA APPROVAL. The Interim City Attorney requested that Item 8.D.1., Proclamation Calling for the Special/Referendum Election to be held on August 26, 2014 be moved to First Readings as Item 11.C.2. The Interim City Attorney requested that Item 10.C., Ordinance No. 09- 14 be postponed to a date certain of June 17, 2014 for a First Reading/First Public Hearing and a Second Reading /Second Public Hearing for July 1, 2014. Also, the Interim City Attorney requested that the public hearing for Item 10.G., Ordinance No. 18 -14 be postponed until June 17, 2014. At this point, Mr. Frankel stated he has to be somewhere at sundown due to the Jewish holiday and asked if there is anything of necessity that has to be moved up on the Agenda. Mr. Frankel moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor 7 06/03/14 Glickstein — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. SERVICE AUTHORIZATION NO. 12- 10 /KIMLEY -HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -10 with Kimley -Horn and Associates, Inc. in the net amount of $54,916.50 for performing professional services (RF'Q #2012 -06) related to the Water Supply Plan Update. This recommendation is in compliance with Ordinance No. 29 -13, Section 36.02(C)(3), "Methods of Acquisition: Direct Acquisition Method, Professional Services ". Funding is available from 442 - 5178 -536 -31.30 (Water and Sewer Renewal and Replacement Fund: Professional Services/Engineering Architect). 8.B. CHANGE ORDER NO. 1 /MANCIL'S TRACTOR SERVICE: Approve Change Order No. 1 (C.O.1) in the amount of $27,516.55, to Mancil's Tractor Service for additional drainage scope for the N.E. 1st Avenue Improvements Project #12- 042. This recommendation is in compliance with Ordinance No. 29 -13, Section 36.06(A)(1) "Change Orders: City Commission Approved Contracts, Beyond the Scope of Work ". Funding is available from 448 - 5461 -538 -68.84 (Storm Water Utility Fund: Other Improvement/N.E. 1 st Avenue Improvements). 8.C. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, CJ Contracting LLC., in the amount of $33,600.00 under Bid #06- 2014NS for 417 S.W. 15th Terrace. This recommendation is in compliance with Ordinance No. 29 -13, Section 36.02,(A)(2), "Methods of Acquisition: Sealed Competitive Method, Request for Proposals, Requests for Qualifications, Requests for Letters of Interest ". Funding is available from 118 -1934- 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). 8.D. PROCLAMATIONS: 1. THIS ITEM HAS BEEN MOVED TO ITEM 11.C.2. 2. Summer Learning Day — June 20, 2014 8.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 19, 2014 through May 30, 2014. 8.F. AWARD OF BIDS AND CONTRACTS: None. Vice Mayor Petrolia moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor 8 06/03/14 Petrolia — 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.A. TERMINATION OF THE CURRENT CITY MANAGER PURSUANT TO DELRAY BEACH CHARTER, ARTICLE IV, SECTION 4.02(B) Mayor Glickstein read a brief statement into the record. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the termination of the current City Manager, to step forward at this time. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, stated it should take four (4) votes to terminate the City Manager according to the City's current Charter. Mrs. Odom stated she recalls several years ago when this was changed to three (3) votes because there was a popular City Manager who some of the citizens wanted fired. At that time, this went to referendum and the voters approved a super majority and she feels that this is how it should remain. She expressed concern that the City is now asking the voters again to change it back to three (3) votes to terminate the City Manager. In her opinion, Mrs. Odom stated the position of City Manager should not be a political position. Zack Straghn, 26 S.W. 5th Avenue, Delray Beach, FL 33444, asked the City Commission to research their hearts and make sure there is no animosity against the City Manager. Mr. Straghn stated there is a higher power that will be the final judge. Clifford Durden, 702 Chatelaine Boulevard East, Delray Beach, FL 33445, stated perception is very important and he expressed concern over the way the situation was handled by the City Commission with regard to the City Manager. Mr. Durden stated the City Commission can address the issue without humiliating an individual and feels they can do what they need to do as far as the law is concerned. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he concurs with comments expressed by Mr. Durden that the matter is to terminate the City Manager. He stated Mr. Chapman came from a city of less than 17,000 to a city of 62,000 and cannot under any circumstances be qualified and he believes that is what we have seen. In his opinion, Dr. Kirson stated because the City Commission had their own reasons for hiring Mr. Chapman, he feels the City Manager should be terminated and bought out. Alan Schlossberg, 200 MacFarlane Drive N -502, Delray Beach, FL 33483, stated City Manager Chapman had humiliated himself by his behavior. Mr. Schlossberg stated the facts are clear and well documented by the Office of Inspector General (OIG). Mr. Schlossberg stated at the May 13, 2014 City Commission meeting he 9 06/03/14 counted six (6) times that City Manager Chapman was derelict in his duties and responsibilities wherein any one of those infractions was a basis for terminating him. Mr. Schlossberg stated he has spent over 30 years as a manager and a Director of Regional Operations for the City of New York and if City Manager Chapman was under his watch, City Manager Chapman would have been terminated on the first act of insubordination. Mr. Schlossberg stated Mr. Chapman lied to the City Commission on more than one occasion, he lied under oath to the Inspector General investigators, he lied to City staff, he lied to the citizens of Delray Beach, and worst of all he continues to lie to himself. Mr. Schlossberg stated Mr. Chapman now claims he should be paid for two years' worth of salary. Mr. Schlossberg urged the City Commission to terminate City Manager Chapman as soon as possible. Ed McCall, 36 Palm Square, Delray Beach, FL 33445, stated if the City Commission votes to keep City Manager Chapman the City Commission is condoning unethical behavior, cover up tactics, ignoring set policy and procedures, backroom deals, unprofessional standards, etc. Mr. McCall commented that there are no repercussions, penalties, or no one to answer to. Mr. McCall urged the City Commission to vote for truth and professionalism or the City is sending a message that we are still open to secretive and questionable behavior in City business. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated the City Commission has an easy decision to make and that is to terminate the City Manager. Mr. Katz stated in his profession it is tough to fire people but it is the easiest because you have to make the right decision for your corporation, city, or organization. Mr. Katz stated if the City Commission does not fire the City Manager then they will be sending a message that they are condoning that behavior. He feels that the City Manager lost the trust of the City Commission. Therefore, Mr. Katz stated he supports the termination of City Manager Chapman and the City should figure out a way that Mrs. Butler can gracefully retire from the City and leave on a positive note. Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483, briefly spoke about trust. She stated some of the Commission that was elected in recent years many of the taxpayers supported the Commission because of their promise to the residents that this City would begin to conduct business differently and that we would hold our processes, procedures, and people to a higher level of accountability. Ms. Freeburn stated the voters have to trust that the people they elect to sit on the dais have the best interest of the residents and moral integrity behind the decisions that they make. Ms. Freeburn stated in any of the companies for which she ever worked if you conducted yourself in the manner which the City Manager conducted himself, you would be terminated. As a taxpayer, Ms. Freeburn urged the City Commission to terminate City Manager Chapman without pay and stated she expects this out of all five Commissioners. There being no one else from the public who wished to speak regarding the termination of the current City Manager, the public comment was closed. With regard to comments expressed by Mr. Durden, Deputy Vice Mayor Jarjura stated the Commission had a 2'/2 hour hearing where they clearly laid out the 10 06/03/14 issues and the violations of the City Manager's employment contract; she feels due process was afforded to the City Manager. Deputy Vice Mayor Jarjura stated it was not an attempt to humiliate the City Manager but to show all the deviations and the reasons that support a just cause termination. Deputy Vice Mayor Jarjura stated having someone that gave testimony under oath on three separate occasions to a government investigative agency and gave false statements is something that she will not be able to recover from. Deputy Vice Mayor Jarjura stated the only person she has to rely on to communicate with is the City Manager per the City's Charter and she is supposed to get information that is on the agenda that she is supposed to set policy on and vote on but she cannot trust what he has to say. With regard to the City Manager's paid suspension, Deputy Vice Mayor Jarjura stated this is required by the City Manager's contract and the law. Deputy Vice Mayor Jarjura expressed concern that the City Manager gave her one explanation while he gave another City Commissioner different information and asked how the City Commission is supposed to make an educated decision on what to vote on if they do not have the same exact facts provided to them. She stated trust is a huge issue and to his own admissions as to whether or not he bothers to read an entire line of a five line email before making an approval on something. Deputy Vice Mayor stated the trust is broken and the City Manager perjured himself and should be charged with the perjury; however, there is an issue with the witness and the City cannot follow through with those charges. Deputy Vice Mayor stated the five (5) Commissioners should be united on this issue because in her opinion the City Manager is holding the City Commission hostage while the City pays him to sit home for lying to the City Commission, the taxpayers, the residents, and an investigative agency. Mr. Frankel thanked the Interim City Attorney and City Clerk for properly noticing this hearing under Public Hearings where the public was afforded three (3) minutes. Mr. Frankel stated this is unlike the special meeting on May 13, 2014. With regard to Auburn Trace, Mr. Frankel stated under the Local Rules II.A.7. at the request of three (3) Commissioners that was allowed and feels the City Manager acted okay in that. Mr. Frankel commented about Mr. Katz's comments about the bus only applying to one (1) person and asked why does it not apply to two (2) people. Mr. Frankel stated it was stated in public comments that he should not have brought up the letter that was provided to the City Commission on the dais from Mr. Berg; however, Mr. Frankel sated that is pertinent information. With regard to lying and perjury, Mr. Frankel stated when he was questioned he was put under oath and was questioned after taking that oath. Mr. Frankel stated at this time he is to assume the City Manager was lying and committed a perjury as believed, then this is a matter for the State Attorney's office review and to his knowledge it has not been done yet. Mr. Frankel stated one of a few reasons a member of the City Commission can be removed is it has to be a conviction of a felony. Mr. Frankel stated he was one of the dissenting votes from hiring Mr. Chapman initially although he is not ready to cast a vote to terminate tonight. However, Mr. Frankel stated he recognizes the fact that there would not be a working relationship with the majority of this City Commission. Mr. Frankel stated he feels there should be some sort of negotiations. For the record, Mr. Frankel stated he received an anonymous letter today about Mr. Chapman's character and things going on at City Hall. Mr. Frankel stated he is going to maintain his "no" vote tonight; however, with the hopes that there is a negotiation that could be done to cut ties and go forward. 11 06/03/14 Mr. Jacquet stated he was not present the last time this issue was discussed because he was on a mission's trip in Haiti which was a phenomenal experience. He stated this is not the first time this issue has come up. Mr. Jacquet stated Mrs. Odom commented that this should not be a politicized position; however, it is highly political. Mr. Jacquet stated it is obvious that the City Manager has done some things that are bad and the OIG Report was disturbing with answers that were misleading and considered to be less than truthful. Mr. Jacquet expressed concern that the City Manager has been humiliated on the dais during public meetings. Mr. Jacquet stated there is a respect that the City Commission is supposed to have among one another and he feels it is lacking. In his opinion, Mr. Jacquet stated the problem is the culture that the City Commission has created that has caused them to not to be able to work with others and has caused staff to come before the Commission and present. Mr. Jacquet stated the culture needs to change because he feels that is where the real problem is. Mr. Jacquet stated according to the OIG Report some kind of corrective action was necessary; however, suspending him might not have been the ideal but it was a good step. He expressed concern that Commission did not vote to terminate the City Manager at a previous meeting because he feels this has become too political. Vice Mayor Petrolia stated she does not feel that the Commission would have had that vote because if the Commission would have had that vote at that time then the Commission would have had that vote tonight. She stated nothing has changed between that point and this point. Vice Mayor Petrolia gave examples of a continuous elevation of things that the City Commission was trying to direct Mr. Chapman to do that he was failing at. Vice Mayor Petrolia stated she had several issues with Mr. Chapman starting with the beach cabana contract which went on for five (5) months, then Auburn Trace which she feels the City Manager had a responsibility to the taxpayers not to allow that item on the Agenda and feels Mr. Chapman should have waited for a full Commission to be present, the garbage cans went on for several months (July 2013 to November, to December, to January 2014 when it surfaced again, and she noted it all came to a head with the OIG Report. Vice Mayor Petrolia stated she cannot support the top ranking person who she has to rely on for truthful information if she cannot trust him. Deputy Vice Mayor Jarjura responded to Commissioner Jacquet's comments that this has turned into a political decision and the City Commission should have made the decision that night. She stated as Commissioner Frankel pointed out the Commission could not make it that night because the Commission had to comply with process and it had to be noticed. Deputy Vice Mayor Jarjura stated she does not understand Mr. Jacquet's comments with regard to this turning into a political decision if you look solely at the facts. With regard to comments expressed by Ms. Freeburn, Vice Mayor Jarjura stated if one of your employees lied to you and then an investigator came in to look at a situation and they lied to the investigator, there is no way that you would not terminate them in a business setting and the only reason you would keep this person around is for political reasons. Deputy Vice Mayor Jarjura stated it is political to keep an employee employed that has by his own admissions not performed to his duties assuming he is telling the truth. Deputy Vice Mayor Jarjura asked did the City Manager do his job, did he deviate from his job, did he give information to one Commissioner that was different from information that he gave to another Commissioner, did he give false 12 06/03/14 statements of fact under oath on three (3) separate occasions; those are the facts and these should be the only things the City Commission should be looking at. Deputy Vice Mayor Jarjura reiterated that the Commission should be looking at what are the facts of needing a "just cause termination" and the facts do decisively. Deputy Vice Mayor Jarjura stated everyone keeps talking that there is a hostile work environment and suggested that the Commission start getting the positions appointed that they have the direct authority to do (i.e. City Manager and City Attorney) so that the City Manager can then start appointing the positions underneath them. With regard to Mr. Durden's comment about the humiliation, Mayor Glickstein stated the City Commission has to conduct itself in public and as a Commission they cannot meet with Mr. Chapman other than in a public setting and thus the reason it was done in the way it was done. Mayor Glickstein stated had his performance evaluation occurred it would have been done in the same format. In terms of the humiliation, Mayor Glickstein stated what he read into the record was sworn testimony; Mayor Glickstein stated those were not his words but Mr. Chapman's words that he read back to Mr. Chapman. Mayor Glickstein stated the highest form of disrespect is dishonesty and if someone lies to him that is also humiliating and it was the third time that Mr. Chapman had personally lied to him. In terms of this being political, Mayor Glickstein stated he agrees with Deputy Vice Mayor Jarjura that unless the OIG is now a political office it is difficult for him to understand where the political part of this is. Mayor Glickstein stated the City Manager is paid $160,000 plus a year during the point at which he did these "egregious acts" and he is the highest administrative leader in this city and should be held to a very high standard. Mayor Glickstein stated he does not believe the residents and voters of this town would penalize any elected official for their being not willing to work with somebody who by an objective investigative agency has been deemed dishonest and has also deemed knowingly violating city law. Mayor Glickstein stated we are in an accountability crisis in this country and in an accountability crisis right now on the dais by not taking the action that is needed to terminate the City Manager for good cause and move this City on with a new City Manager. Mr. Frankel stated he takes into consideration that three (3) of his colleagues cannot work with the City Manager and he does not feel that he could support to terminate the City Manager this evening but would approve of someone negotiating with the City Manager's attorney because he does not want to leave the City open for any litigation. Brief discussion by the Commission followed regarding the 90 -day suspension. The Interim City Attorney stated the motion that was made was a 90 -day suspension pending further investigation by the Office of Inspector General (OIG) for a different situation. Vice Mayor Petrolia stated it is not that politics is playing a role but rather that it is being inserted here because she believes this way it slows the Commission down and makes it look like the Commission is not able to do things or agree. 13 06/03/14 For clarification, the Interim City Attorney stated she has spoken to each Commissioner and they are all up -to -date on any potential negotiations with regard to Mr. Chapman's attorney and there is no information that any of the Commission has not received. With regards to any pending investigation, the Interim City Attorney stated she has as much information as the City Commission at this time because it is confidential. The Interim City Attorney stated Mr. Chapman is currently being investigated by the OIG. Vice Mayor Petrolia moved to terminate the current City Manager pursuant to City of Delray Beach Charter Article IV Section 4.02(b) for cause, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — No; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — No. Said motion to terminate FAILED with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. 10.11. ORDINANCE NO. 08 -14 (FIRST READING/FIRST PUBLIC HEARING): Consider privately- initiated amendments to the Land Development Regulations (LDR) Sections 4.4.9, "General Commercial ", Subsection 4.4.9 (C), "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5), "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7, "Family/Workforce Housing ", Section 4.7.1, "Definitions ", Subsection 4.7.1.1, "Infill Workforce Housing Area" and Section 4.7.4(g), to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. If passed, a public hearing will be held on June 17, 2014. (Quasi- Judicial Hearing) The caption of Ordinance No. 08 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT ", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED ", TO INCREASE DENSITY IN THE INFILL WORKFORCE HOUSING AREA TO A MAXIMUM OF 24 UNITS PER ACRE; AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS ", TO ADD "INFILL WORKFORCE HOUSING OVERLAY DISTRICT ", TO PROVIDE AN FAR OF 0.75; AMENDING ARTICLE 4.7, "FAMILY WORKFORCE HOUSING ", SUBSECTION 4.7.1, "DEFINITIONS ", SUBSECTION (1), "INFILL WORKFORCE HOUSING AREA" TO AMEND MAPS TO INCREASE THE DENSITY IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT; PROVIDING 14 06/03/14 A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08 -14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with Ms. Miskel and her assistant. Deputy Vice Mayor Jarjura stated she heard this at the February 25, 2014 Planning and Zoning Board meeting and she previously met and spoke to some residents when she served on the Planning and Zoning Board, and she met with Ms. Miskel. Mr. Jacquet stated he has no ex parte communications to disclose. Vice Mayor Petrolia stated she spoke with Ms. Bonnie Miskel and her assistant. Mayor Glickstein stated he has had no subsequent ex parte communications prior to identifying ex parte communications when the Comprehensive Plan Amendment came before the City Commission. Mayor Glickstein stated there is one (1) request for party status that the Commission must rule on. He stated in order to obtain status as a party an owner of property located within 500 feet of the subject property must make a written request to the City's Planning and Zoning Department three (3) or more business days prior to the hearing that satisfies certain criteria. Decisions as to party status shall be made by the Commission at the hearing. The Interim City Attorney has advised of one (1) party requesting party status. Mr. Kevin Osborn has satisfied all LDR requirements for party status in that the request was timely filed and it satisfies Quasi - Judicial rules and content and the party's address is confirmed to be within 500 feet of the subject property. Mayor Glickstein moved to approve party status for Mr. Kevin Osborn, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014 -073 into the record. Mr. McDonnell stated the City Commission considered an amendment to the Comprehensive Plan on April 16, 2014 to increase the residential density on the property from the currently allowed 18 units per acre to the proposed 24 units per acre. Mr. McDonnell stated along with the reduction in the FAR (Floor Area Ratio) from the current 3.0 to 0.75. He stated the City Commission approved that text amendment to the Comprehensive Plan with a vote of 4 to 1. Staff forwarded the Comp Plan Amendment to the State Department of Economic Opportunity. On May 23, 2014, Mr. McDonnell stated the City received a Letter of No Objection to the text amendment to the Comp Plan. Mr. McDonnell stated this current LDR text amendment is being processed to 15 06/03/14 reflect the Comp Plan Amendment that the Commission recently voted on to approve and it will increase the density from 18 to 24 units per acre, reduce the FAR from 3.0 to 0.75, and will revise the applicable maps in the Workforce Housing section to specify that the GC (General Commercial) property of which this is the only one that is the candidate property would go from 18 to 24 units per acre. Mr. McDonnell stated the rest of the infill housing would remain at 18 units per acre for all RM (Medium Density) zoned properties. At is meeting of February 13, 2014, the Community Redevelopment Agency (CRA) recommended approval of this text amendment; at its meeting of February 25, 2014, the Planning and Zoning Board made a recommendation to approve it but it failed on a vote of 2 to 3 (Jarjura, Davey and Durden dissenting; Shutt and Pierre - Louis absent). Mr. McDonnell stated letters of objection and support were included in the City Commission backup and staff received letters up throughout today and those have been forwarded to the City Clerk's office. Furthermore, Mr. McDonnell stated late this afternoon staff received a Letter of Objection from Mr. Mark Crosley, Executive Director of the Florida Inland Navigation District (FIND) to the design of the project which is not before the Commission. Mr. McDonnell stated the letter expressed concern about the access and the agreement that is on the property to provide a continuous 30 foot access which can be relocated; however, the letter addresses concern with back out parking. Mr. McDonnell stated F.I.N.D. uses that accessway to do their dredging and their concerns are that there would be conflicts between automobiles, pedestrians, and children going back and forth through that accessway. Mr. McDonnell stated the amendment before the Commission now is a text amendment to the LDRs and that comment would be more timely when the conditional use is before the Planning and Zoning Board and ultimately before the City Commission. Staff recommends approval and if approved by the State the Comp Plan and the LDR Text Amendment would be coming to the Commission at its meeting of June 17, 2014 for second and final reading. Bonnie Miskel, Attorney representing the applicant, Siegel, Lipman, Dunay, Shepard & Miskel, LLP, 5355 Town Center Rd Ste. #801 The Plaza, Boca Raton, FL 33486, stated the Comprehensive Plan Text Amendment that came before the City Commission in April was not site specific; it was a Comp Plan Text Amendment. Ms. Miskel stated it was an amendment to the commercial category in the infill and at this property is the only property that happens to be so designated. However, in the future someone can amend their land use to commercial and the same rules would apply. Ms. Miskel stated although they would have loved to have had their plan before the Commission and to have the conditional use run concurrent with these applications, they were not allowed to do so. Ms. Miskel stated they received a letter back from the Department of Economic Opportunity that they have no objection to the City's transmittal, that transmittal enables the City to consider changes to the City's LDRs. She stated what is before the City Commission is a change to the City's regulations that would make those regulations consistent with what the City transmitted to the State. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 08 -14, to step forward at this time. 16 06/03/14 Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, stated many of people in the community left the hearing on the Comp Plan feeling that the decision had already been made prior to them coming in and that their comments did not matter and that all the Commission heard was remarks about traffic. Mr. Osborn stated he did his own research and further investigation to try to provide the Commission with additional information because he feels the information previously provided to the Commission was not a complete picture. Mr. Osborn stated residents object to the density increase from 18 to 24 units per acre because he does not believe that the developer has provided adequate justification for the need to increase the density not on an economic basis, not on complimentary for the surrounding areas, it does not meet the land use requirements for consistency, and it does not improve concurrency. Mr. Osborn gave a brief PowerPoint presentation. Mr. Osborn urged the Commission to not approve this as he feels it is not necessary. Mayor Glickstein stated this meeting is now open for public comment limited to three (3) minutes per person; six (6) minutes if the person represents six (6) or more persons in attendance at the meeting who have yielded their time to the represented speaker. Dennis Popaaca, 612 Allen Avenue, Delray Beach, FL 33483, stated he understands density increases around downtown to promote business; however, he does not feel there is any reason to increase the density. McCall Credle- Rosenthal, 817 Lake Avenue North, Delray Beach, FL (La Hacienda development), stated she concurs with comments expressed by Kevin Osborn and feels the word "blighted" had come up in a study that Mr. McDonnell had submitted at a Planning and Zoning Board meeting when she opposed this project before. Ms. Credle- Rosenthal stated their neighborhood is not blighted and residents have worked very hard at developing their neighborhoods. She stated these will be 205 rental units and she feels these people have no vested interest in the community. Ms. Credle- Rosenthal urged the Commission to help make this gateway of Federal Highway more desirable and charming. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 Chairman of S.A.F.E. (Safety As Floridians Expect), stated S.A.F.E. shares the concerns of the neighbors and at least one City Commissioner who expressed concern at a previous meeting about maintaining this project at 18 units per acre. Mr. Smith urged the Commission to allow the residents to work with the developer. He stated people feel that they are adding cost to the project but they are in fact making it a better project by adding marketable revenues to the project by making it a better project for motorists, pedestrians, and bicyclists. Cynthia Taylor, 611 Allen Avenue, Delray Beach, FL 33483, stated this is a very important issue to her and her neighbors. Ms. Taylor stated when she was here last time this was discussed there were so many good points that were made. She stated there had been a study to look at this area and as a result 18 units were recommended. In her opinion, Ms. Taylor feels this is political issue and stated she is very proud of where 17 06/03/14 she lives. She urged the Commission to see what the impact of the traffic will be on her dead -end street. Judy Craig, 306 N.E. 8th Avenue, Delray Beach, FL 33483 (realtor), disagrees with comments expressed by Mr. Smith. Ms. Craig stated the project does not fit and this is about density. In addition, Ms. Craig stated the fact is that it is rentals and not homeownership and it does make a difference if you have homes that are owned and people have a vested interest in their community rather than someone who is passing through for a year or two. Sabrina Caruana, 619 Allen Avenue, Delray Beach, FL 33483, stated as a realtor she expressed concerns over the increased density and 4 -story apartment buildings. She stated the last sale on her block was $340,000 and this is not a blighted area. Ms. Caruana stated she is strongly opposed to this and concurs with comments expressed by Kevin Osborn. Also, Ms. Caruana stated that 18 units are more than enough. Mark Crosley, 1314 Marcinski Road, Jupiter, FL 33477 -9498 (Executive Director of Florida Inland Navigation District), stated they own the property that is east of this property and noted they will be at subsequent meetings and they are working with the developers. Mr. Crosley stated they have an access issue for their property and urged the Commission that any actions they take to allow flexibility for that development to work with them with regard to the access issues. There being no one else from the public who wished to address the public, the public comment was closed. The following individuals gave a brief cross - examination which is limited to two (2) minutes per witness: Mr. McDonnell stated with regard to where the terminology of "blighted" came from, the North Federal Highway Redevelopment Plan was adopted several years ago prior to his employment which was 2005. He stated this may be dated information; however, staff has to base their review and comments on currently adopted studies. Ms. Miskel cross - examined Mark McDonnell. Ms. Miskel stated if this site gets developed is it an increase in traffic from what was previously approved or from the commercial that could be built. Mr. McDonnell answered "no" to Ms. Miskel's cross - examination. For clarification, Deputy Vice Mayor Jarjura stated from what was previously approved as well; not the commercial. Mr. McDonnell stated from Village Park that goes back to 2006 and he is not comfortable making a statement with respect to that, however, Mr. McDonnell stated based on the 3.0 and the 18 units per acre the traffic is 17,000 plus more than what is being proposed now. Ms. Miskel stated at the transmittal hearing they provided a traffic engineer generated document (John Donaldson 18 06/03/14 is the Licensed Traffic Engineer in the State of Florida) and that information provided a comparison of the traffic that would be generated by the proposed project versus the traffic that would be generated by the Village Park project. Ms. Miskel stated the proposed project is substantially less from the current commercial designation and commercial zoning. Mr. Osborn stated the numbers he pulled were from the Delray Preserve justification on traffic and waste and in 2006 developer justification. Mr. Osborn stated if you compare them there is an increase in traffic from the Village Park to the current increase in Solid Waste from the Village Park to the current. Mr. Osborn asked if staff has been able to validate that. Mr. McDonnell stated he would have to look in the file to verify that. Mr. Osborn requested staff validate the numbers that in 2006 it is 18 units per acre and the current 24 units per acre. The following individuals gave brief rebuttals: Mr. McDonnell stated he had no rebuttal. Ms. Miskel stated Mr. Osborn testified that the applicant had not done an economic issue, a compatibility issue, that they were not improving concurrency, and that the area was not blighted. Ms. Miskel stated the "blight" information came from the City's staff report and was not something that was generated by the applicant in the transmittal hearing meeting. Ms. Miskel stated that came from the City's Comprehensive Plan as well as the City's study. Therefore, Ms. Miskel stated the City's document of record that are regulating everything that is done in the City is saying that; Ms. Miskel stated they did not it came from the City's Comprehensive Plan as well as the Study. Ms. Miskel stated as it relates to concurrency they provided a report generated by a licensed traffic engineer that said by cutting the FAR from 3.0 to 0.75 from a commercial perspective with a slight up from the density the City was still significantly under the commercial classification. She stated it was not just a residential project it had non- residential in the front and non - residential in the back and that project generated more traffic which came out of the Village Park Report which she does not have with her today because it is not pertinent to this conversation but wanted to clarify this for the record because the statements are erroneous. Ms. Miskel commented about compatibility and noted that the automobile dealership to the north of this site and that is not a compatible use to the residential to the south. Ms. Miskel stated the only thing the Commission should be considering is whether this land development regulation change is consistent with what the City is proposing in the Comprehensive Text Amendment and noted that it makes it consistent. Mr. Osborn stated the term "blighted" may be dated; however, it is still being used as justification. He stated the term "blighted" needs to be removed from the justification because the area is no longer blighted. Ms. Osborn stated if he is going to be next to a commercial piece of property he would like to be next to a Volvo Dealership where there is no big buildings, where a few cars are coming on Saturday, no noise, and if hedges are put there is no light. Mr. Osborn stated he cut and pasted from the developer's traffic table their justification regarding the daily trips and it shows a savings 19 06/03/14 of 17,275 and they are comparing that against the 3.0 FAR which is the million square feet that everyone agrees is not appropriate. Mr. Osborn made reference to the Village Park Study and the number of average daily trips. Mr. Jacquet stated he believes this meets the requirements; however, based on the neighbors' concerns with respect to the density he would have like to have seen a little more working together because S.A.F.E. has been a guiding light when it comes to dense developments especially near the downtown and Federal Highway. He stated with respect to dense projects there are concerns about traffic /cars and S.A.F.E. has suggested how to alleviate some of those concerns. Mr. Jacquet stated the requirements have been met as set forth. Vice Mayor Petrolia expressed concern over the community supporting this and even though she considers this as a non - blighted area as well she is taking into consideration the dealership to the north, the transitional nature of the parcel of land, and making the decision in that direction. She stated it would be great if there could be less density on that particular piece of property. Vice Mayor Petrolia expressed concern about the drive that is on the side and the need for 30 feet to have coming and going and whether or not there was going to be enough space for the property to handle the traffic that would be coming and going from the eastern section of land. At this point, Deputy Vice Mayor Jarjura disclosed for the record that her mother lives in Old Palm Grove. She complimented Mr. Osborn on his presentation. Deputy Vice Mayor Jarjura expressed concern over the City's Code in terms of the review process. Deputy Vice Mayor Jarjura stated in terms of what is before the City Commission tonight she is comfortable with what has been presented; however, she requested that Mr. McDonnell look at the information that Mr. Osborn raised before this comes before the Commission again. Mayor Glickstein stated the Commission has discussed on numerous occasions about the disjointed nature of the way the Commission reviews projects and the immediate impacts to neighborhoods bear the brunt of a dysfunctional code. In terms of procedurally, Mayor Glickstein inquired if this Commission will be looking at conditional use for both height and density. Mike Covelli, Covelli Design Associates, Inc., 2295 NW Corporate Boulevard # 213, Boca Raton, FL 33431, Planner for the project, stated this is a unique situation that in this particular case we do not need a conditional use for density or height. Mr. Covelli stated this is only to allow a stand -alone residential development in a commercial district. For clarification, Mayor Glickstein stated the Commission is not going to be revisiting this. Mayor Glickstein stated he does not support this because he does not feel it is fair to the residents just because they are on the border of the city. Deputy Vice Mayor Jarjura stated when the previous plan is referring to the blighted area it was the conditions of that property at that time and there are certain parts of that area that are blighted and there are a lot of very nice expensive and well maintained areas but there are properties in that area that are blighted (i.e. motel). She 20 06/03/14 stated the Swap Shop has been vacant and it is zoned commercial and it is adjacent to commercial; she stated it is a transitional location because it goes from single family homes to some townhomes. She stated an apartment is another residential use that transitions to the commercial use to the north. Deputy Vice Mayor Jarjura stated she is not treating this differently because it is at the end of the City's border, but because of the location of the property and its current use and zoning. She expressed concern in terms of the easement and that is going to be addressed. Deputy Vice Mayor Jarjura stated she would have hoped that some of the residents' issues would have been resolved prior to coming before the City Commission. Ms. Miskel stated they had a very positive meeting with the Kokomo Key Board and they gave suggestions one of which includes a peanut at the main entryway which will force the traffic to go right so it does not conflict with the opening that is immediately in front of the Swap Shop. Ms. Miskel stated she would be happy to work with Mr. Osborn's community if they have some forum that they will allow them to sit down and negotiate in. Mr. Jacquet expressed concern over the communication with the neighbors and ironing out the kinks. Based on the new information he is provided, Mr. Jacquet stated he supports on first reading only just to move this forward. Mayor Glickstein stated he feels transitional is appropriate but he would have liked to have seen this in other places that he considers more comparable where the Commission has approved lower densities. Mayor Glickstein encouraged the applicant to look at ways to refine this between first and second reading. Mr. Jacquet moved to approve Ordinance No. 8 -14 on First Reading/First Public Hearing, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — No; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 3 to 1 vote, Mayor Glickstein dissenting. At this point, the time being 8:30 p.m., Commissioner Frankel left the dais. 10.C. ORDINANCE NO. 09 -14 (FIRST READING/FIRST PUBLIC HEARING) Consider a privately- initiated amendment to the Land Development Regulations (LDR) to Section 4.4.24(B)(C)(F) "Old School Square Historic Arts District: Principal Uses and Structures, Accessory Uses and Structures Permitted, Development Standards ", to include Lots 16 -18, Block 69, Lots 11 -12, the North half of Lot 13, and Lots 23 -25 Block 70, Town of Delray, to the list of lots within the Old School Square Historic Arts District (OSSHAD) zoning district that can be developed pursuant to the development standards and uses of the Central Business District (CBD) zoning district. If passed, a public hearing will be held on June 17, 2014. (Quasi- Judicial Hearing) (STAFF HAS REQUESTED THE ITEM BE POSTPONED UNTIL THE JUNE 17, 2014 REGULAR CITY COMMISSION MEETING) 21 06/03/14 At this point, the time being 9:03 p.m., Commissioner Jacquet left the dais. 10.D. ORDINANCE NO. 16 -14: Consider approval to correct a scrivener's error within the legal description of Ordinance No. 19 -94, pertaining to the annexation of the former Delray Swap Shop, located at 2001 North Federal Highway. (Quasi- Judicial Hearing) The caption of Ordinance No. 16 -14 is as follows: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 19 -94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2001 NORTH FEDERAL HIGHWAY AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16 -14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Deputy Vice Mayor Jarjura stated she heard this when it went before the Planning and Zoning Board. Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered the Planning and Zoning Department 2014 -152 into the record. Mr. McDonnell stated this ordinance is to correct a scrivener's error in the legal description. He stated this is located at 2001 North Federal Highway and during the due diligence of the applicant for Delray Preserve a scrivener's error was discovered on an annexed parcel of land. Mr. McDonnell stated the review of the staff reports and maps show that it was the clear intent of the City to annex the entire piece. He stated the Palm Beach County Appraiser's Office has assigned parcel numbers for all the properties and the property owner has been paying taxes on this piece of property all these years. Mr. McDonnell stated this was further supported when it was annexed into the city by the Palm Beach County Land Use Attorney recognizing that from their perspective this is part of the City of Delray Beach. Staff recommends approval. 22 06/03/14 Bonnie Miskel, Siegel, Lipman, Dunay, Shepard & Miskel, LLP, 5355 Town Center Rd Ste. #801 The Plaza, Boca Raton, FL 33486, Attorney representing the applicant, stated when these annexations came in they used property appraiser's legal description instead of a full legal. Ms. Miskel stated this ordinance and the next ordinance are for clarification. Mayor Glickstein declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16- 14, the public hearing was closed. Vice Mayor Petrolia moved to adopt Ordinance No. 16 -14 on Second and FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 10.E. ORDINANCE NO. 15 -14: Consider approval to correct a scrivener's error within the legal description of Ordinance No. 18 -94, pertaining to the annexation of 2101 North Federal Highway. (Quasi- Judicial Hearing) The caption of Ordinance No. 15 -14 is as follows: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 18 -94 TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LAND ANNEXED INTO THE CITY LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15 -14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission stated they had the same ex parte communications as they did on First Reading. Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered the Planning and Zoning Department project file into the record. Mr. McDonnell stated this is also a corrective ordinance. He stated there is a piece of land that measures .09 acres that was not annexed into the city. Mr. 23 06/03/14 McDonnell stated the intent was to annex the entire property into the city; Palm Beach County Property Appraiser shows the entire area on their documents; property owners have been paying taxes on the entire area all these years. The City Commission approved this ordinance on first reading on May 6, 2014 and staff recommends approval on second and final reading. Mayor Glickstein declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 15- 14, the public hearing was closed. Vice Mayor Petrolia moved to adopt Ordinance No. 15 -14 on Second and FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. 10.F. ORDINANCE NO. 14 -14: Consider an amendment to Chapter 101, "Parks, Beaches, and Recreation ", by amending Section 101.37, "Shark Fishing ", to prohibit shark fishing within three hundred feet (300') north and south of the Municipal Beach and within three hundred feet (300') north and south of Atlantic Dunes. The caption of Ordinance No. 14 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION ", BY AMENDING SECTION 101.37, "SHARK FISHING ", TO PROHIBIT SHARK FISHING WITHIN THREE HUNDRED FEET (300') NORTH AND SOUTH OF THE MUNICIPAL BEACH AND WITHIN THREE HUNDRED FEET (300') NORTH AND SOUTH OF ATLANTIC DUNES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14 -14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and clarified that this ordinance was prepared by the City Attorney's office in relation to a complaint that was submitted in the form of a letter from a local attorney who stated that he felt that the existing ordinance that the City had which prohibited shark fishing from any beach within the City limits was too broad and too expansive. The Interim City Attorney stated staff has clarified the ordinance to limit the shark fishing prohibition at the municipal beach and Atlantic Dunes Park. 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. 24 06/03/14 Mayor Glickstein declared the public hearing open. Zack Miller, 2200 North Conference Drive, Boca Raton, FL 33486, stated the City of Delray Beach tried to pass the ban in 2009/2010 and it was deemed unconstitutional under the Florida Constitutional Laws Article 10 Section 11. Mr. Miller commented about the interview with Mayor Glickstein yesterday on the news and he said it was not as much of a public safety issue as it was about littering. Mr. Miller stated there has never been any statistical proof to prove that shark attacks happen in places where shark fishing occurs. Mr. Miller stated other counties and cities have tried to ban shark fishing; he stated Volusia County is the shark attack capital of the world and they are not allowed to shark fish there. Mr. Miller stated there has been one attack in Delray Beach in the last sixty (60) years. He stated for the most part shark fishing occurs at nighttime and inside the guarded hours it should not be allowed but outside the guarded hours between dusk and dawn should be legal. Mr. Miller asked that City staff explain where the municipal beach boundaries are. Mr. Miller stated he is opposed to this ordinance. Josh (last name unknown), 4100 Sinter Island, stated he would like to see this ordinance repealed; however, he requested that the City work with them. He stated after watching the news he saw that Mayor Glickstein was concerned over people leaving shark bait on the beach than the actual fishing so believes it is more of a concern in his mind of littering than fishing. He concurred with comments expressed by Mr. Miller and urged the Commission to make the Police Department aware of the new boundaries. Tom Carney, 828 Eastview Avenue, Delray Beach, FL 33483, stated there was an issue related to the enforceability and feels the City needs to be careful about regulating things on beaches where it does not have jurisdiction. He stated he is opposed to shark fishing from the beach. Mr. Carney stated the City is forcing people to beaches which are not the municipal beach (i.e. behind people's homes). Mr. Carney urged the Commission to better define what is meant by shark fishing before they pass an ordinance which the City may or may not be able to enforce; and, if there is an ordinance the City has to be able to enforce it. Louis (last name unknown), 16610 S.W. 68th Terrace, Miami, FL, stated he takes his children fishing and noted as a parent he would rather his kids go out fishing than go to a nightclub or bar. He expressed concern over losing these things for young adults and kids and what will happen when their rights are taken away and cannot fish and they are limited to where they can go. He stated the best time you can spend with family and friends is fishing especially in today's world where so much of the focus is on iPads and Whones. There being no one else from the public who wished to address the Commission regarding Ordinance No. 14 -14, the public hearing was closed. 25 06/03/14 Mayor Glickstein stated he cannot edit what the press used but public safety was the paramount issue; littering was brought up by another Commissioner at the last meeting as a result of complaints that there have been shark carcasses left on the beach and anyone subscribing to good fishing practices would know not to leave that on the beach. Mayor Glickstein stated he concurs with comments expressed by the last public speaker in terms of surfcasting and noted he has been doing this since he was a child and takes his own children as well. Mayor Glickstein stated the City is not doing anything restricting fishing; however, as pointed out by the Interim City Attorney, the City of Delray Beach had an ordinance that prohibited shark fishing anywhere within the City limits and instead of prohibiting shark fishing citywide this ordinance defines where it can actually be done. Mayor Glickstein stated he supports this ordinance because the fact that we have not had a shark attack in Delray Beach is good news; however, he has been out early in the morning before dusk where guys are rowing or paddling out half an Amberj ack (fish) 100 yards out and people are still swimming in the water. Mayor Glickstein stated the City is being responsible in restricting this away from the public beaches in areas less frequented by swimmers. He reiterated that the City cannot prohibit shark fishing citywide but that the City is providing areas by which responsible fishermen can do what they want to do; just further away from where the City has the most people using the public beaches. The Interim City Attorney stated with respect to municipal boundaries, there are legal descriptions that are provided for in Chapter 101 of the City Code. The Interim City Attorney stated the boundaries are generally Casuarina Road to the south before the Seagate and to the north approximately 50 yards north of the north lifeguard tower where the sidewalk ends before private property. Also, Atlantic Dunes Park is just north of Linton Boulevard. Brief discussion between Deputy Vice Mayor Jarjura and the Interim City Attorney followed regarding the enforcement. The Interim City Attorney explained that Code Enforcement has some extended hours but to the extent that it is happening beyond their hours then it would be the Police Department that would have to enforce it. Vice Mayor Petrolia stated if it is a State Law that you can go to any beach and fish off of it she asked why these men would come all the way from Miami to fish on Delray Beach. He stated the Police do not let them fish there. The Interim City Attorney stated the same State Law applies statewide. Mayor Glickstein stated access to the beach is very easy. Vice Mayor Petrolia moved to adopt Ordinance No. 14 -14 on Second and FINAL Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion was passed with a 3 to 0 vote. 26 06/03/14 At this point, Mayor Glickstein stated in terms of outlining where those boundaries are to the extent the City can, where the municipal beach is as a defined term, would be helpful. The Interim City Attorney stated she will ask the Planning and Zoning Department for that capability to do that and staff will have a response at the next meeting. 10.G. ORDINANCE NO. 18 -14: Consider an amendment to Chapter 110, "Local Business Taxes Generally ", by amending Section 110.15, "Local Business Tax Schedule ", to eliminate outdated business classifications and to provide for an increase in the local business tax schedule. (STAFF HAS REQUESTED THE ITEM BE POSTPONED UNTIL THE JUNE 17, 2014 REGULAR CITY COMMISSION MEETING TO MEET AD VERTISEMENT REQ UIREMENT,S) 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/DEPOT SQUARE APARTMENTS: Consider a conditional use request to Land Development Regulations (LDR) Section 4.4.19(D)(1)(f), "Mixed Industrial and Commercial District: Conditional Uses and Structures Allowed, Multiple Family Residential Development up to a maximum of twenty -four (24) units per acre ", to allow the construction of 284 residential apartment units (23.01 du /ac) within nine (9) three -story buildings for Depot Square Apartments (f /k/a Historic Depot Square), located north of West Atlantic Avenue, between I -95 and CSX Railroad, and accessed via Depot Road. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk swore in those individuals who wished to address the Commission. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Jacquet and Mr. Frankel were not present. Deputy Vice Mayor Jarjura, Vice Mayor Petrolia, and Mayor Glickstein stated they had no ex parte communications to disclose. Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered the Planning and Zoning Department #2014 -024 into the record. Mr. McDonnell stated this is a conditional use required to allow up to 24 dwelling units per acre and the proposed density is 23.01. There are 650 parking spaces; the Future Land Use Map (FLUM) designation is Commerce and the zoning is MIC (Mixed Industrial Commercial) and is the I -95 CSX Railroad Corridor Overlay District. Mr. McDonnell stated proposed on the plan are seven (7) three -story buildings; there are 77 one - bedroom, 162 two - bedroom, and 45 three- bedroom units. He stated there is also a 7,500 square foot clubhouse with a variety of impressive amenities for the future 27 06/03/14 residents. Mr. McDonnell stated they are proposing to relocate Depot Road to the west side of the property from its current location so it will run along the railroad track. He stated the conditional use requires 71 workforce housing units so they would be required for this development. Mr. McDonnell noted that when this project first came in there were a couple of internal adjustments that were required and the applicant did not want to come to the Commission with that request because it would not have complied with the LDRs and that is one of the items that is required for the Commission to support this application. Mr. McDonnell stated in order to eliminate that internal adjustment that was required the applicant removed twelve (12) of the propose units from the design. The Planning and Zoning Board recommended approval of this project. The performance standards that the City Commission needs to consider are traffic circulation and calming. Mr. McDonnell briefly reviewed the Performance Standards for Density Increase. Mr. McDonnell stated the applicant has worked very well with S.A.F.E. and on February 21, 2014, the Planning and Zoning Board reviewed the application and made a recommendation to approve this application and conditions #146 were supported and added conditions #7417. Mr. McDonnell stated there is an incorrect figure in the staff report; the cost to install the bike path is divided by 3 instead of 9. Mr. McDonnell stated when staff redid the calculation there is actually have a 2,777 surplus so there is no longer a concern. Mr. McDonnell stated staff would like to re- introduce Planning and Zoning Board condition #7 (page 5) back into the list of the Commission's conditions. Therefore, Mr. McDonnell stated staff supports the submittal of $25,000 and asked the City Commission if they would like to bear the cost of the ongoing maintenance over time for that because it is not on the subject property. He stated it is going to be along the I -95 off -ramp and connect to Atlantic Avenue. Staff feels this is a good circulation amenity to allow bicyclists and pedestrians to access Atlantic Avenue and recommends approval subject to the condition. Charlie Putnam, 4722 N.W. 2"d Avenue, Boca Raton, FL 33431 (applicant), introduced Architect Richard Jones. Richard Jones, Richard Jones Architecture, 10 S.E. 1s' Avenue, Ste. "A ", Delray Beach, FL 33444, gave a brief PowerPoint presentation regarding the proj ect. Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, stated he supports the project. Charles Bonfield, 220 MacFarlane Drive, Delray Beach, FL 33483, President of S.A.F.E. (Safety As Floridians Expect), stated S.A.F.E. supports the project and urged the City Commission to approve. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483, Chairman of Safety As Floridians Expect (S.A.F.E.), Chairman of S.A.F.E., briefly explained the shared -use pathway and stated S.A.F.E. supports the project. 28 06/03/14 There was no cross - examination or rebuttal from staff. For clarification, Mr. Putnam stated the only issue they had was how they were going to handle the funding of the pathway extension from their project out to Atlantic Avenue. Mr. Putnam stated the developer is proposing to put $25,000 into an account to fund that extension from their property to Atlantic Avenue and was an agreement the developer made with S.A.F.E. but that was changed in a previous version of the conditions. However, Mr. Putnam stated they are back to that point. Mr. Putnam stated it is a voluntary contribution and they have enjoyed working with S.A.F.E. The Interim City Attorney stated rather than have the City Commission work out the details of an escrow account that the City is voluntarily offering to enter into a developer's agreement with them while the City works out the details. Vice Mayor Petrolia expressed concern over putting residential in this area (between I -95 and the train tracks) because she feels it is less desirable. Mayor Glickstein stated in contrast to the other project where it was not a function of use but how it fit in he feels that the developer should be commended for doing it because this area needs something. Furthermore, Mayor Glickstein stated the apartments will do well there and it is a trend that is sustainable. He stated this is what should go there given where the density in his opinion should go. Mayor Glickstein stated waiting for an industrial /commercial use with access what is there is never going to happen which is why it is vacant and blighted now. Mayor Glickstein stated the developer is willing to commit substantial capital to develop an area that sorely needs it. He stated with regard to the demographic trends across this country, high intensity residential next to train stations and next to highways is where we are headed. Therefore, Mayor Glickstein stated he appreciates the effort and fully supports the project. Deputy Vice Mayor Jarjura stated she concurs with comments expressed by Mayor Glickstein. Brief discussion between Mayor Glickstein and Vice Mayor Petrolia continued. Mr. Jones stated if looking at the trends up and down I -95 apartments are being built directly to the south of the new Palm Beach Mall Outlets. He stated the shells are very visible. Mr. Jones stated there is student housing being built at FAU's campus and the work is being started along I -95. Mr. Jones stated they added insulted glass windows to the units which is part of the conditional of approval so there are no sound issues; he stated on the site plan the majority of the buildings are turned ninety degrees to I -95 for that reason and are turned toward green spaces in the center and the clubhouse is also designed with a private courtyard feel. Mr. Jones stated what this community could be with people coming to Delray Beach via train, a trolley stop at the round -a -bout; a Palm Tran stop. He stated this makes a lot of sense for all the reasons Mayor Glickstein and Deputy Vice Mayor Jarjura had said. Mr. Jones stated this will be a wonderful 29 06/03/14 community and it offers tremendous potential. Mr. Jones stated for Class "A" rental apartments with a good design, good planning, and smart density it makes sense. Deputy Vice Mayor Jarjura stated for a city to be successful we have to have mixed income housing opportunities to service all the needs of the residents. Mayor Glickstein and Deputy Vice Mayor Jarjura both agreed that this will help to set a precedent of what they consider good development. For the record, Vice Mayor Petrolia stated that she believes that this is a project that is going to be one of those the City is going to look back on and go "great proj ect... wrong location." Deputy Vice Mayor Jarjura moved to approve the conditional use request for Depot Square Apartments, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 9.B. BID AWARD TO REPUBLIC PARKING SYSTEMS: Consider approval of a Bid Award in the amount of $194,733.24 to Republic Parking Systems to manage the City's Old School Square and Federspiel Parking garages. This recommendation is in compliance with Ordinance No. 29 -13, Section 36.02(A)(2), "Methods of Acquisition: Sealed Competitive Method, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest ". Funding is available from 001 -3151- 545.34-90 (General Fund: Operator Expenses - Miscellaneous /Other Contractual Services). Randal Krejcarek, Director of Environmental Services, stated this item is approval of an agreement with Republic Parking Systems for the Parking Management contract. Mr. Krejcarek stated the contract is a one -year agreement which includes a 90- day probationary period the first three (3) months. He stated staff had a conversation with Republic with the hourly rate of the valet service that they quoted and staff informed them that the tips for the valet service are not to be solicited. Mr. Krejcarek stated staff asked Republic if they would be interested in withdrawing but Republic indicated to the City that they are going to make it work. Mr. Krejcarek stated there is no re- negotiation of rates and once the City is under contract it is in the contract with regard to rates. Mr. Krejcarek stated during the January Workshop when staff presented the Comprehensive Parking Program part of that program included the additional Building Maintenance staff that could be doing that on a more regular basis. Mr. Krejcarek stated the other concern was why is the City expending funds and paying a company to manage the parking garage versus telling someone to manage it and pay the City. He stated in both cases the City is still paying somebody to manage the parking garage. Mr. Krejcarek stated based on revenues it is a cash business he does not believe the City will not see an increase in revenue from year after year. He stated in January staff also discussed meters in the garage so that would do away with any cash collection. Mr. Krejcarek stated any complaints or issues that go wrong in the garage go to Scott Aronson, Parking Management Specialist 24/7. 30 06/03/14 Vice Mayor Petrolia asked why did the City not consider this as a revenue generating situation unlike the beach cabana contract where the City actually goes out to bid and asked companies to come to the City and tell us how much they are willing to give the City on an annual basis for these two garages so that the City is just stepping away and receiving the money rather than having to employ, etc. She asked why staff is taking the more labor intensive approach. Mr. Krejcarek stated when the City collects the money we know we are getting the revenue upfront. Mr. Krejcarek stated the City's goal is to get the meters in the garage. Mayor Glickstein asked how staff sees this changing as the City implements this program. Mr. Krejcarek stated staff sees the use of the garage going up because the fee -based parking program will manage the parking and the City is encouraging people to utilize the garage because in theory the fee at the garage should be less than anywhere else. Mr. Krejcarek stated at that point the City would be managing the garage internally. Mr. Krejcarek stated if the City implemented something else the hours would be cut back or adjusted somehow; when staff gets to the point of implementation they can see what is required of the vendor. Scott Aronson, Parking Management Specialist, stated the RFP does speak to the City's intent of putting a fee based program in place and it is stated that at that time the employees' functions would change and they would be utilized for assisting customers with the new system. Mr. Krejcarek stated it does not matter what type of automated system the City puts in, the City will still need personnel there to assist at some level. Brief discussion between the City Commission and staff continued. Deputy Vice Mayor Jarjura stated what they are supposed to charge. Mr. Krejcarek stated the difference is the hourly rate for the valet service. Deputy Vice Mayor Jarjura stated she wants to make sure that in the contract that the vendors understand what scope of services the valet is supposed to be providing for that price. Mr. Krejcarek stated this is all spelled out in the RFP. Deputy Vice Mayor Jarjura stated the other vendors raise a good point in terms of the grouping of the price. The Interim City Attorney stated her recommendation is that the Commission either reject all and rebid or accept the recommendation of staff in accordance with City Code. Mayor Glickstein stated if the City has a quality RFP then we have to respect the integrity of the process. Mayor Glickstein stated going forward we need to look at the city as the single largest economic driver in the city and to the extent we can keep business local that money stays in the local economy. He stated this would send the wrong message to undo this at this point. Deputy Vice Mayor Jarjura stated since the day she was elected she requested from City Manager Chapman a Local Small Business Preference Program and out of all the municipalities that she practices in, she finds it odd that Delray Beach does 31 06/03/14 not have something like that here. Deputy Vice Mayor Jarjura stated Acting City Manager Barcinski started on this from a week ago. Vice Mayor Petrolia moved to approve to accept the bid award for Republic Parking Systems, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. 9.C. COMPENSATION OF ACTING CITY MANAGER: Consider approval of an 8.75% increase in salary for the Acting City Manager. Mayor Glickstein stated consider increasing the Acting City Manager's pay from the current amount to that of the suspended City Manager's salary which equates to an 8.75% increase. This salary increase would be effective from May 14, 2014 through June 13, 2014. On June 14, 2014 Mr. Barcinski's salary would revert back to the current rate so there would be no positive or negative impact on his or the city's retirement payout or benefits. Mayor Glickstein stated Mr. Barcinski is not only doing what he was doing already but also doing quite a bit in terms of what the City Manager was doing. Deputy Vice Mayor Jarjura stated she supports the salary increase for the Acting City Manager. Vice Mayor Petrolia stated she supports the salary increase for the Acting City Manager as well. Vice Mayor Petrolia moved to approve increasing compensation for the Acting City Manager, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor — Yes. Said motion passed with a 3 to 0 vote. 9.D. DIRECTION /SELECTION OF INTERIM CITY MANAGER: Consideration and discussion regarding the selection of an Interim City Manager. Robert A. Barcinski, Acting City Manager, stated this item is for discussion and direction on how the Commission would like to proceed in the selection of an Interim City Manager from the time he retires or shortly thereafter through the suspension time of the current City Manager Mr. Louie Chapman, Jr. Mr. Barcinski stated his last day in the office is Friday, June 13, 2014 but he is technically here through Monday, June 16, 2014. After brief discussion, Vice Mayor Petrolia moved to approve to select Mr. Terry Stewart as Interim City Manager and direct negotiations at the Acting City Manager's salary, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 32 06/03/14 9.E. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Nominate one (1) alternate member for appointment to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2015. Based on the rotation system, the nomination for appointment will be made by Deputy Vice Mayor Jarjura (Seat #4). Deputy Vice Mayor Jarjura moved to nominate Frederick Kaub to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. Vice Mayor Petrolia moved to approve to extend the meeting past 11:00 p.m., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor — Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 10:59 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 01 -14: Consider a privately- initiated Future Land Use Map (FLUM) amendment for Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0 -5 units /acre) and Parcel 8, from LD (Residential Low Density 0 -5 units /acre) to OS (Open Space), located on the north side of Greensward Lane, east of Hamlet Drive within the Seagate Country Club the Hamlet. If passed, a public hearing will be held on June 17, 2014. The caption of Ordinance No. 01 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FOR THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4 AND 8 ALL LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, EAST OF HAMLET DRIVE, WITHIN THE SEAGATE COUNTRY CLUB AT THE HAMLET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0 -5 DU /AC) FOR PARCELS 3 AND 4; AND FROM LD (LOW DENSITY RESIDENTIAL 0 -5 DU /AC) TO OS (OPEN SPACE) FOR PARCEL 8, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, 33 06/03/14 office.) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01 -14 is on file in the City Clerk's The Interim City Attorney read the caption of the ordinance. Vice Mayor Petrolia moved to approve Ordinance No. 01 -14 on FIRST Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. II.B. ORDINANCE NO. 12 -14: Consider a privately- initiated request for rezoning Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OSR (Open Space & Recreation) to R -1 -A (Single Family Residential) and Parcel 8 from R -1 -A (Single Family Residential) to OSR (Open Space & Recreation), all located on the north side of Greensward Lane, east of Hamlet Drive within the Seagate Country Club the Hamlet. If passed, a public hearing will be held on June 17, 2014. office.) The caption of Ordinance No. 12 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4, AND 8 ALL LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, EAST OF HAMLET DRIVE WITHIN THE SEAGATE COUNTRY CLUB AT THE HAMLET, AS MORE PARTICULARLY DESCRIBED HEREIN AND PLACING LAND PRESENTLY ZONED OSR (OPEN SPACE AND RECREATION) DISTRICT TO R -1 -A (SINGLE FAMILY RESIDENTIAL) DISTRICT FOR PARCELS 3 AND 4; AND FROM R -1 -A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT FOR PARCEL 8;AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12 -14 is on file in the City Clerk's The Interim City Attorney read the caption of the ordinance. 34 06/03/14 Vice Mayor Petrolia moved to approve Ordinance No. 12 -14 on FIRST Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. 11.C. ORDINANCE NO. 17 -14: Consider a Charter revision by amending Section 4.02, "Appointment; Removal; Compensation "; to provide clarification regarding Subsection 4.02(B), "Removal "; providing for a referendum on August 26, 2014. If passed, a public hearing will be held on June 17, 2014. The caption of Ordinance No. 17 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION "; TO PROVIDE CLARIFICATION REGARDING SUBSECTION 4.02(B), "REMOVAL "; PROVIDING FOR A REFERENDUM ON AUGUST 26, 2014; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17 -14 is on file in the City Clerk's office.) The Interim City Attorney read the caption of the ordinance and stated if passed there is an associated resolution and proclamation that goes with it. Mayor Glickstein pointed out that this concept is not new. He stated a Committee was appointed to review Charter Amendments by the previous Commission none of which the three (3) Commissioners present now were sitting on. Mayor Glickstein stated what the Commission is proposing this evening is one of those recommendations. The City Commission approved all the other proposed changes but did not approve this one. Mayor Glickstein stated there is not a city in Palm Beach County that has this rule and there is no company that he is aware of that operates where the Senior Executives cannot be removed unless there is a super majority of a board. Mayor Glickstein stated it served its purpose at its time and he fully supports this ordinance. Vice Mayor Petrolia stated the people have made a decision going from 3 to 4 and the City is not making that choice for them but instead the City is putting it back out there to allow the voters to make that decision again. Deputy Vice Mayor Jarjura stated the number of communications (emails and telephone calls) has been overwhelmingly in support of the amendment being on the 35 06/03/14 ballot. Vice Mayor Petrolia moved to approve Ordinance No. 17 -14 on FIRST Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 3 to 0 vote. 11.C.1. RESOLUTION NO. 27 -14: Approve Resolution No. 27 -14 regarding the August 26, 2014 Special/Referendum Election. office.) The caption of Resolution No. 27 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, AUGUST 26, 2014; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 17 -14; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 27 -14 is on file in the City Clerk's The Interim City Attorney read the caption of the resolution. Vice Mayor Petrolia moved to approve Resolution No. 27 -14, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 11.C.2. PROCLAMATIONS: 1. Calling for the Special/Referendum Election to be held on Tuesday, August 26, 2014 The Interim City Attorney read a proclamation into the record calling for the Special/Referendum to be held on August 26, 2014 between the hours of 7:00 a.m. and 7:00 p.m. Vice Mayor Petrolia moved to approve the Proclamation, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy 36 06/03/14 Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. At this point, Mayor Glickstein stated given the tight timetable they are on he wants to make sure that there is nothing else that the City needs to do in connection with this issue that with the ordinance first reading the resolution and proclamation that the only condition precedent to this being on the ballot at this point is a majority vote at a public hearing on the next City Commission meeting. The Interim City Attorney confirmed that this will be a public hearing on June 17, 2014. 1LD. ORDINANCE NO. 20 -14: Consider an amendment to Chapter 117, "Landlord Permits ", of the Code of Ordinances, by amending Section 117.02, "Permit Fees ", to provide for an increase in the landlord permit fee; providing a saving clause, a general repealer clause, and an effective date. If passed, a public hearing will be held on June 17, 2014. office.) The caption of Ordinance No. 20 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS ", OF THE CODE OF ORDINANCES, BY AMENDING SECTION 117.02, "PERMIT FEES ", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20 -14 is on file in the City Clerk's The Interim City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, stated staff is proposing to go from $60.00 to $75.00. Mrs. Butler stated the last time the City proposed an increase was 2009 and the permit fee went from $50.00 to $60.00. The City started initially with this program starting at $15.00 to $30.00 and then from $30.00 to $50.00. She stated the going average should be about $100.00; however, staff is proposing to increase the permit fee in increments. Mrs. Butler stated that raising the fee will bring the City of Delray Beach to a more equitable rate with other municipalities and ensure we are able to continue providing the education and technical assistance programs designed to achieve the City's goal of quality neighborhoods. Mayor Glickstein asked if someone who is approved for a reasonable accommodation is also required to get a landlord permit. Mrs. Butler stated they are required to get a landlord permit as well as long as they do not have the DCA license that 37 06/03/14 exempts them. For clarification, the Interim City Attorney stated it depends what they are requesting an accommodation from. Vice Mayor Petrolia asked what this is going to do to increase the bottom line to the City. Mrs. Butler stated it is going to add about $100,000.00 to the City's revenues. Deputy Vice Mayor Jarjura stated if the permit fee went from $60.00 to $100.00 the City's revenues would be $400,000.00. Mrs. Butler stated this is correct but would be quite a large increase at one time because it is very impacting to some people. Mrs. Butler stated some cities require landlords to also obtain a business tax receipt and suggested that this be reviewed. Vice Mayor Petrolia moved to approve Ordinance No. 20 -14 on FIRST Reading, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 3 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager Robert A. Barcinski, Acting City Manager, stated Deputy Vice Mayor Jarjura had asked Mr. Chapman for a memo on how the city can implement a Small Business Program and to look into the County disparity study. He stated the Assistant City Manager Francine Ramaglia is working on this study and staff will have some discussion at the Workshop. Secondly, with regard to the second parking garage, Mr. Barcinski stated April 2, 2013, the City Commission approved a service authorization with Kimley -Horn who prepared conceptual lot layouts for this proposed parking garage. Mr. Barcinski gave the Commission a brief update as to the history of this and stated the City is in the process of engaging a consultant to complete a parking facility pro forma. With regard to the appearance of the beach, Mr. Barcinski stated staff will forward a copy of the Beach Area Master Plan to the Commission. He stated there was a group comprised of the members of the Beach Property Owners' Association (BPOA), Delray Parks and Recreation, Environmental Services Department (ESD), and the Downtown Development Authority (DDA), to address the priority areas. Mr. Barcinski stated this funding is available He stated the next areas to be addressed are the showers beginning at the pavilion and moving systematically north and south one shower at a time. Mr. Barcinski stated Mr. Bob Currie is developing architectural plans for north and south shelters, etc. Mr. Barcinski stated equipment for the shelter may be provided through a private foundation. 38 06/03/14 With regard to the sidewalks downtown, Mr. Barcinski stated Clean and Safe Unit does work at 12:30 a.m. every day. Mr. Barcinski stated the City has a private contractor that is hired to do pressure cleaning primarily from Swinton Avenue to Federal Highway under the garbage cans and benches once a month east of that every quarter and west of Swinton Avenue once a year based on the Commission. He stated the sidewalk cafe restaurants are responsible for pressure cleaning their areas. The City received a little extra money from the CRA so the City assigned the contractor to get the critical areas where there was gum or other issues. With regard to a comment expressed by Commissioner Frankel about e- cigarettes, Mr. Barcinski stated the Commission received an email from Janice Rustin, Assistant City Attorney regarding this. Mr. Barcinski stated Commissioner Frankel requested information about the lifeguards and this information was forward to the City Commission. In addition, Mr. Barcinski stated other information from the Chief Financial Officer (CFO) was forwarded to the City Commission. Mr. Barcinski commented about Randal Krej carek's email regarding Shadywoods and stated there are going to be sections cut out and replaced. Mr. Barcinski stated overall the resurfacing did not meet all the criteria. Lastly, Mr. Barcinski thanked the City Commission for the recognition and consideration for the compensation. 12.B. City Attorney With regard to the e- cigarettes, the Interim City Attorney stated staff will be looking for direction from the Commission about drafting an ordinance. Secondly, the Interim City Attorney stated there is a Special Meeting item on Thursday, June 12, 2014 with regard to the Fire - Rescue transfer. The Interim City Attorney stated one of the Commissioners has requested whether or not it is possible to have the meeting at 5:00 p.m. instead of 6:00 p.m. She stated all the stakeholders are available at 5:00 p.m. It was the consensus of the City Commission that the Special Meeting item be held on Thursday, June 12, 2014 at 5:00 p.m. with regard to the Fire - Rescue transfer. 12.C. City Commission 12.C.1. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated she has no comments. 39 06/03/14 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia stated she has not had the opportunity to work with Mr. Barcinski any long period of time or be on any of the same boards; however, in a very short time period she has been nothing but impressed because Mr. Barcinski responds expeditiously to requests. For clarification, Vice Mayor Petrolia stated many people were very concerned about whether or not the Commission was doing anything to go forward knowing that Mr. Barcinski was going to be retiring and the moment Mr. Barcinski became the Acting City Manager that was the first thing he approached the City Commission on. Vice Mayor Petrolia stated Mr. Barcinski is such an incredible asset to the city and wished him a wonderful retirement. Secondly, Vice Mayor Petrolia stated she was accepted into the Class IV of the Good Government Initiative and she will begin coursework in August- November. 12.C.4. Mayor Glickstein Mayor Glickstein stated his path has crossed with Mr. Barcinski serving on various boards and being involved in large organizations. Mayor Glickstein stated it is remarkable for him personally that he has never heard a comment from anybody about Mr. Barcinski that is anything but positive and feels Mr. Barcinski is the most positive can do person that he has ever met. Secondly, Mayor Glickstein read an email into the record regarding Veteran's Day and requested that staff look into incorporating Veteran's Day as a paid holiday for the City going forward. Mayor Glickstein stated Memorial Day and Veteran's Day are two very distinct holidays and are honoring two very distinct groups of people. Mayor Glickstein stated with regard to the e- cigarettes he would like to see something come forward sometime in August/September. Mayor Glickstein stated the City needs to have a policy on food trucks (i.e. Salt Water Brewery) on what the City is going to do or not going to do. He requested that there be a discussion about this on an upcoming agenda (i.e. Workshop if staff feels it is appropriate) and he would like to have a policy in place before the next season. Lastly, Mayor Glickstein stated he would like an update on Auburn Trace and he would like to see the City's alternatives. There being no further business, Mayor Glickstein declared the meeting adjourned at 11:26 p.m. 40 06/03/14 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 3, 2014, 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. 41 06/03/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DEPOT SQUARE APARTMENTS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the density to allow a 284 -unit multiple family residential development up to 24 units per acre in the MIC zoning district for Depot Square Apartments has come before the City Commission on June 3, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Depot Square Apartments located between the CSX railroad and Interstate 95 rights -of -way, south of Lake Ida Road. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and Il. I JJ1:1 NI: 14�6*il► /=1111»:101 a. Comprehensive Plan - Future Land Use Element Objective A -1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is the Future Land Use Element Objective A -1 met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of CMR (Commerce) and is zoned MIC (Mixed Industrial and Commercial). Regular Meeting June 3, 2014; Item 9.A Is the project's proposed location consistent with the Future Land Use Map? Yes ✓ No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No IL LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Are Section 2.4.5(E)(5) requirements met? Yes ✓ No Regular Meeting June 3, 2014; Item 9.A 2 b. Increase in Density. Pursuant to LDR Section 4.4.19(A), residential uses may be permitted as a conditional use within the 1- 951CSX Railroad Corridor Overlay District, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "FamilylWorkforce Housing." The maximum density is twenty -four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). LDR Section 4.4.6(l)- Performance Standards: These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development, and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m. p, h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed Regular Meeting June 3, 2014; Item 9.A 3 the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi - family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations, features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (fj The development is designed to preserve and enhance existing natural areas and /or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle /pedestrian network, and access to available transit. Does the development substantially comply with the performance standards provided in Section 4.4.6(1)? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. Regular Meeting June 3, 2014; Item 9.A 4 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 3rd day of June, 2014, by a vote of 3 in favor of approval and 0 opposed. ATTEST: Chevelle Nu in City Clerk CarprD. gtckstein, Mayor Regular Meeting June 3, 2014; Item 9.A 5 EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR DEPOT SQUARE APARTMENTS 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report. 2. That written verification be provided from the Palm Beach County Traffic Division that the project complies with its design criteria. 3. That a revised traffic study is submitted that reflects the reduction of units to 284 residences and that a finding of concurrency be provided from the Palm Beach County Traffic Engineering Division. 4. That a detail of how the stucco siding be included on the building elevation plans and that it demonstrates a historically correct level and smooth stucco siding be applied utilizing. an "L" bracket. 5. That a bus shelter be provided near the intersection of Lake Ida Road and Depot Road. 6. The applicant and City staff shall work with each other to finalize a developer's agreement prior to issuance of the building permit which incorporates items stated in SAFE letter pertaining to the $25,000 to be escrowed into an account for the eight (8) foot wide shared use path. The location of the path shall be worked out with FDOT. 7. That Depot Square Apartments will build an 8 foot wide shared pathway along the west side of Depot Road starting at the intersection of Depot Road and Lake Ida Road and continue until it crosses to the east side of Depot Road. The pathway will then continue along the east side of Depot Road until it terminates at the northern end of the Historic Train Depot site (City of Delray Beach site). This termination point is shown on Depot Square Apartment site plan sheet SP -1.1. 8. That provisions are made for the inside, safe and secure storage for a minimum of 74 bicycles for the residents of Depot Square Apartments in an approximate 30' x 35' area labeled "Bicycle Storage" on the site plan. 9. That a wall in each unit is reinforced so that a bike rack or racks can be quickly and easily installed by the on -site maintenance staff. Keep wall- mounted bike racks on site and ready for in -unit installation at the request of residents. 10. That 2 electrical vehicle changing stations are provided on site. Regular Meeting June 3, 2014; Item 9.A 11. That permanent display space is provided within the Clubhouse where each resident can access transportation information. At a minimum this display will contain: inform and route and schedule information for Palm Tran, Tri -Rail, the Delray Roundabout; the Downtowner; as well as new or substitute providers (such as Tri -Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and, Tri -Rail Bicycle Locker Program Application Forms. 12. That a minimum 5 -foot wide interior sidewalk is provided. 13. That the site plan shows the actual open space inclusive of the usable open space that is being shown on the detention area. 14. That the applicant is encouraged to explore alternative sound attenuation including but not limited to insulated glass in the windows facing the I95 and the CSX Railroad only prior the building permit being issued. 15. That the driveway at the northeast corner of the property be examined by the City Engineer to determine the safest and best use of that ingress /egress. lb. That the following information be provided at each calendar year to SAFE and the City for the first 5 years following receipt of a Certificate of Occupancy: a. The number of stored bicycles at calendar year end. Regular Meeting June 3, 2014; Item 9.A MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 ONLINE AUCTION WEBSITE /GOVDEALS.COM BACKGROUND In accordance with Code of Ordinances, Chapter 36, Section 36.08(C), "Disposal of Non -Real Property", City Commission is requested to approve the use of GovDeals.com through fiscal year 2015 for the sale of retired City owned non -real property valued greater than $10,000. The City of Delray Beach has been successfully utilizing GovDeals.com for the disposition of vehicles and some other City owned assets since 2008, having generated in excess of $750,000 in revenue since that time. GovDeals is extremely easy to use as a seller; the process of creating an auction listing and uploading photographs or videos of items is very user friendly. This reduces time required by staff to initiate and manage auctions. Utilizing this on -line auction process also allows us to auction any item as soon as it is ready for sale. We do not need to wait to hold a conventional auction. GovDeals is very user friendly for potential buyers, with an easy to navigate website, allowing buyers to easily search for and find the assets that they are shopping for. The City of Delray Beach has sold vehicles and items through GovDeals to buyers from as far away as Michigan, Texas, New York, and even some sales to Canada, Mexico, and the Bahamas, demonstrating the vast potential buyer's market that the city is reaching. Items listed for auction on GovDeals are frequently linked by GovDeals to other websites such as RockandDirt.com, MyLittleSalesman.com, BoatClassifieds.us, AutoTrader.com, and others at no charge to the City, increasing exposure and our customer base. GovDeals has far more website visits than any of their competition, averaging more than 380,000 visits per month over the last 12 months. See attached chart for comparison to other sites. While Public Surplus does charge 1/2% less in sales commissions than GovDeals (7.0% -vs- 7.5 %), the volume of potential buyers and bids on items sold on GovDeals more than make up for the 1/2% difference. Government Liquidation charges a 10% sales commission, and Municibid charges 8 %. The attached Sold Asset Report from GovDeals demonstrates that since the City started using GovDeals, assets valued over $10,000 have accounted for less than 4% of the total volume of assets sold. Typically, assets generating greater than $10,000 are larger trucks, construction equipment, large stand -by generators, etc. When giving consideration to the estimated market value of a given asset, resources such as NADA and Kelly Blue Book are used as references to determine value, as well as researching what similar type and make assets have recently sold for. This is done to comply with the Code of Ordinances Chapter 36 requiring City Commission approval for assets sold with an estimated market value greater than $10,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before Commission is to approve the sale of assets with an estimated market value greater than $10,000 through the on -line auction website GovDeals. com through fiscal year 2015. TIMING OF THE REQUEST This request is timed to provide for the disposal of retired assets in a reasonable time frame, while recovering an excellent return on these assets. The City currently has several assets that are estimated to be greater than $10,000 in value, and would like to move forward with their sale. FUNDING SOURCE Funding is available from 501 -3311 -591 -34.90 (Garage Fund: Other Contractual Service). RECOMMENDATION The Fleet Maintenance Department recommends the approval of GovDeals.com for the sale of non -real property valued at greater than $10,000. Rumell, Kevin From: Bill Hoffman <whofFinan @govdeais.com> Sent: Tuesday, May 08, 2012 2:30 PM To: Rumell, Kevin Cc: Jonathan Neeley; Cameron Simonton, marketing @govdeals.com Subject: GovDeals - Marketing Support - Delray Beach, FL Attachments: 2052- 277BC.pdf; 2052- 279BC.pdf Good Afternoon! Attached are online ads running on www.boatclassifieds.us in support of your currently listed asset. Links to the ads are also shown below, littp : / /www.boatclassifieds.us /30341/21- Center - Console -Open- Fisherman -QAL- 2052- 279.html littp:Hwww. boatclassifieds.us /30340 /COBALT -CS7 -B oNvrider- QAL - 2052- 277.btmi Please let either GovDeals Marketing staff or your Client Service Representative know in advance if you have any high value or unique items or assets that you think you might benefit from incremental marketing. Additionally, if you have video footage of your assets please forward those clips to MarketinszpGovdeals.com. If your government has Facebook or Twitter, we encourage you to link to the GovDeals site to increase exposure of your assets. We appreciate your business. Bill Hoffman Senior Marketing Analyst GovDeals.com wl-toffniaii@govdcals.com J (800) 613 -0156 x 4477 Rumell, Kevin From: Rose Taunton < Rose .Taunton @liquidityservices.com> Sent: Wednesday, October 16, 2013 3:36 PM To: Rumell, Kevin Cc: marketing @govdeals.com; Jonathan Neeley; Cameron Simonton Subject: GovDeals - Marketing Support - Delray Beach, FL Attachments: 2052 -340 AT.pdf; 2052 -340 USN.pdf Good afternoon, Attached are the online ads running on www.AutoTrader.com and www.USNetads.com in support of your currently listed asset, Links to the ads are also shown here: http://www.autotrader.com/dealers/dda/detai1.jsp?dealer- id= 64219403 &ct =u &car id=357494590 http: / /www. usnetads.com/ view /item - 122452248- 2006 -leep- Wrangler -X -4x4. html Please let either GovDeals Marketing staff or your Client Service Representative know in advance if you have any high value or unique items or assets that you think you might benefit from incremental marketing. Additionally, if you have video footage of your assets please forward those clips to Marketing@Govdeals.com. If your government has Facebook or Twitter, we encourage you to link to the GovDeals site to increase exposure of your assets. We appreciate your business! Rose F. Taunton Marketing Assistant I GovDeals.com rtaunton @govdeals.com 1800-613-0156 ext. 4453 Rumell, Kevin From: Molly Nations <mnations @govdeals.com> Sent: Thursday, June 16, 2011 9:27 AM To: Rumell, Kevin Cc: Jonathan Neeley; Cameron Simonton; Terry Bazzoon; GovDeals - Nerissa Charles; Leslie Matthews; Roger Gravley Subject: GovDeals - Marketing Support - Delray Beach, FL Attachments; 2052- 214_MLS.pdf; 2052- 214_R &D.pdf Good Morning, Attached are online ads running in www.RockandDirt.com and www.MyLittleSalesinan.com in support of your currently listed asset. Links to the sites are also shown below. http :l /www. rockanddiit. com/trucks- for - sale /INTERNATIONAL174001invnum =8 531784 http:// Ieg_ acy.mylittlesalesman .coiii/fron_tend/contenUd_ eafefs /listin detail.aspx ?pos =I &adv= ee_I5e265 afc6 -49f7 -899 a8cf6e 166abd &item - 672747 &ind=2 Please let either GovDeals Marketing staff or your Client Services Representative know in advance if you have any high value or unique items or assets that you think might benefit from incremental marketing. If your government has Faecbook, Twitter or YouTube, we encourage you to link to to the GovDeals site to increase exposure of your assets. Additionally, if you have video footage of your assets, please forward those clips to marketing r ovdeals.com. If there are additional parties within your government that would like to receive copies of Marketing activities, Newsletters, etc. please e -mail back to marketingggovdeals.com with their name and e -mail address We appreciate your business. 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O } I 1 1 I 1 r I f r I r l I I I 1 i I I I i t f r r i L I'0 t t I 4 1 i I I •�� rr� I 1 I 1 1 f I I t W t 1 t 1 1 I i i o Q I 1 I I i i I 1 t I o Ln L S O Q. t I [ 1 1 1 I 1 1 1 I =l^^ cu w LIJ J I J 1 i I f 1 I I I 1 1 I 1 I V oIV E as w C) u 4tv,.... c +TS C3J o O Q Q m © CJ LL kxp O O I C a m T V Q O C w C v a a W 0 E c CL u M O N C 0 f1J 9 0 U Fx-I Government Liquidation A LIQUIDITY SERVICES MARKETPLACE Section 6: PAYMENT FOR PROPERTY BUYER'S PREMIUM Section 6: PAYMENT FOR PROPERTY (top) A. BUYER'S PREMIUM. (top) We charge a buyer's premium, a percentage of the bid amount, usually between ten and twenty percent, on all purchases. The buyer's premium is considered a taxable amount, and will be taxed at the appropriate rate depending on the location of the property. Buyer's premiums are standard in the auction industry, and should be factored into your bidding strategy. B. PAYMENT TERMS: Winning bid prices will not be adjusted after award due to an error in bidding or any other discrepancy regarding description, estimated weight, count, measure or other factors that may influence the final bid price of a lot. C. SCRAP DEMIL B AND Q PROPERTY SOLD IN SCRAP SALES, UNLESS BEING OFFERED UNDER A TERM CONTRACT SALE, WILL BE INVOICED IMMEDIATELY UPON THE DETERMINATION OF A HIGH BIDDER FOR THE ENTIRE AMOUNT DUE, AND MUST BE PAID WITHIN THREE (3) DAYS OF NOTICE OF AMOUNT DUE. Credit cards submitted online will automatically be charged the full amount of your purchase (including buyer's premium and taxes) the next business day after the sale closes, unless the total amount due exceeds $10,000, unless otherwise noted on our website, and unless you contact us prior to the close of the sale to specify alternative payment arrangements. No charges will be made to the credit card until the sales event has been closed and a successful bidder has been determined. D. Unless otherwise indicated in another written Agreement with GL, all payments must be received within 3 business days of the date of the invoice. For purposes of calculating time, the date of the invoice will not be counted as the first day. E. In the event you fail to pay the entire purchase price within the time set forth by us or fail to comply with any of these terms and conditions, we will assess as liquidated damages the greater of 25% of the winning bid or thirty (30) dollars. Note: Refunds will not be issued for amounts less than $2.50 nor will invoices be issued for sums less than $2.50. F. We reserve the right to require an earnest money deposit prior to or during bidding on certain lots at our sole discretion. We will notify potential bidders via language on the lot details page of any earnest money deposits required prior to bidding. Deposits from winning bidders will be retained and applied to the pending invoice or to any past due balances owed by the customer. Deposits from non - winning bidders will be returned. For term contract sales, the earnest money deposit will be 25% of the high bid amount unless the high bidder has previously successfully performed a term contract with GL, in which case the earnest money deposit requirement will be 10% of the high bid amount. G. CURRENCY. Unless specified for a particular lot or lots in the lot description(s), all transactions will be conducted in U. S. Dollars. Where another currency has been identified, the alternative currency, in addition to U. S. Dollars may be used to pay. H. FORMS OF PAYMENT: Acceptable forms of payment include PayPalATM, VISAATM MasterCardATM, American ExpressATM, cashier's check, money order, wire transfer and company check with a bank letter of guarantee. 1. You must make payment in full within 3 business days of the invoice date. The date of the invoice is not counted as the first day for purposes of calculating the payment deadline. There will be no extensions of the payment period granted. 2. At the time a credit card is entered online, it is validated via a charge to the card of up to $1.00, which is credited back to the card within seven (7) calendar days after the credit card validation process has completed. The name and address on the user account must match the name and address of the credit card used for the purchase or the charge may be rejected, which will result in a default of the sale. Credit cards submitted online will automatically be charged the full amount of your purchase (including buyer's premium and taxes) the next business day after the sale closes, unless otherwise noted on our website and unless you contact us prior to the close of the sale. Credit cards will not be accepted for any invoice in excess of $10,000; customers must submit payment via certified funds (i.e., wire transfer, cashier's check). No charges will be made to the credit card until the sales event has been closed and a successful bidder has been determined. 3. If you choose a form of payment other than a credit card, the following information must accompany a letter of instruction: • Company name (if applicable) • Customer name • Telephone number • Sales event number or contract number • Signature and date • Twenty -five percent of total bid amount 4. A valid credit card must be entered at time of bid submission regardless of the form of payment. Credit cards submitted by a Buyer must be in the name of the registered Buyer and be valid at the time a lot is awarded. 5. ALL FUNDS MUST COME FROM THE REGISTRANT. GL WILL NOT ACCEPT THIRD PARTY FUNDS OF ANY KIND FOR ANY REASON. L SALES, USE OR EXCISE TAXES: We are obligated to collect sales, use or excise tax from ALL buyers. It is your responsibility to provide the required documentation when submitting a bid to claim an exemption. Taxes are charged based on the effective tax rate at the time the property is removed. This may be different than the initial rate at which you were charged when you paid for the property. You must submit re -sale or tax- exemption documentation from the state in which you are doing business AS WELL AS EACH STATE IN WHICH YOU ARE PURCHASING PROPERTY. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation. Submission of all appropriate tax exemption forms must be received by us before scheduled closing date and time of the sales event in which you are participating. Re- sale certificates may be faxed to us at (480) 367- 1450. You will be liable for all taxes, surcharges or other charges imposed on the sale of goods by any taxing authority if tax forms are not received by the scheduled closing time of the sales event in which you are participating. Requests for refunds of sales taxes must be submitted to the appropriate taxing authority directly. All property sold in the state of Hawaii is subject to an excise tax. There are no exemptions to the Hawaii excise tax. Municibid - Govermiient Auctions of Goverfunent Surplus 6/25/2014 10:38:25 AM Sign In ( htlps : /AwAv.municibid.comllogin.asp ?return= index° /a2Easp) I Want to sell? ( htlp:/ Arrvnv .munfcibid.corffjnfofindex.html) Muniumbid These Items End Soon ( hltps:/ Awnv .municibid.comlregister.asp) Online Governl-nelit A[Ktiot -ls „ .. Horne Browse My Account new_item =l) Surplus Stores Help Blog Newsletter Auction Alerts ( htfp: IAwa�v. mt( �6iitjtti6ravmfmn6jopmlltarntljom /rrj }thmr�ssp}unici lit rr�Faka�ae ( /auctionalerts.asp) bt 4� �p) b�j�vr► a)municibid.cominewslei(er.asp) Fees ( https:// www.municibid.com/sellitem.asp? Unless otherwise noted, a 8% buyer's fin4fl%N'WP02 of the winning bid) (Cities of Philadelphia and Boston have a 5% fee, not 8 %) will be charged directly to the winning bidder upon the dose of each auction via the credit card you entered prior to placing the bid. You pay the selling agency directly for the full cost of the item. (Unless otherwise noted) Example: if the winning bid is $1,000, a buyer's final sale fee of 8% would be $80. If the government agency rejects your bid (they reserve the right to do so) your buyer's final sale fee will be returned, in full, to you within 5 days of notification to municibid of the rejected bid by the governing body. FAIR WARNING ALL SALES ARE ANAL. You are legally obligated to pay for your item per the terms of the seller if you are the high bidder at the dose of auction. If you do not pay for your item, you will not receive a refund of your buyer's final sale fee, you will no longer be permitted to bid on municibid.com and will be subject to a penalty of 40% of the winning bid amount. If your credit card is declined for insufficient funds, you will be charged a $50 fee. Bidding Increments Please Note: Bid increments automatically adjust based on the level of the current bid. The increments are as follows: If amount is greater than or equal to The bid Increment wilt be $0.00 $1.00 $100.00 $10.00 $500.00 $25.00 $1000.00 $50.00 $2500.00 $100.00 unjcj jd About Us (laboutus.asp) Contact (/oontad.asp) Privacy Policy ( /privacy.asp) index.asp)Terms 8 Conditions ( /terms.asp) Fees (lfees:asp) 13109 (http: /AA-A-AV.mun*dbid.org) Jobs (flobs) System Time 0/25/2014 10:37:55 AM EST (https://%vww.facebook.com/iiiyintinici (h tips: / /twitter,contfmunicibid) ( littps: / /Plus.googic.coin/+Municibid/p Im ( http:// %vww.Iinkedin.com /in/tnuilicibis Q (http : / /wvww. pinterest,conifrn unicibid/) Copyright © 2014 Munidbid - Government Auctions. All Rights Reserved. No part of this web page may be reproduced in any way or by any means, without the prior written permission of Munidbid. ctl :niin.aiVo s Page 1 of 1 Rumell, Kevin From: Andrew Joosten <andrewj @thepubHcgroup.com> Sent: Wednesday, November 27, 2093 10:14 AM Cc: Rumell, Kevin Subject: Public Surplus - Information Requested Hey Kevin, It was great talking with you today! As we discussed, our standard rate is 7 %, which is generally charged as a buyers premium making our service FREE for your City. We also offer payment collection services for an additional 3 %, charged then as a 10% buyers premium. This will save your agency a lot of time and headache with allowing Public Surplus to collect for you. Most of the agencies that have made the switch find our site to be much more user friendly and easier to use than your current provider. I'd love to show you that first -hand with a pilot on your next round of surplus. Following is some additional information about the benefits of Public Surplus. Take the Easy Way Out: Public Surplus is easy, intuitive and some even call it fun. Increase Competition: The Public Surplus buyer database contains hundreds of thousands of qualified buyers who are looking for the type of surplus that goverinnent agencies sell. Save Money: Why pay for an auction service when you can use Public Surplus for free? Public Surplus does not charge your agency any amount for using our service. The buyer pays our low commission fee. Make More Money: Public Surplus provides a true auction environment. If a bid is placed within the final five minutes of an auction, the auction will automatically extend for an additional five minutes, ensuring that every buyer has the opportunity to place their bid. Agencies have seen significant increases in sales prices due to this feature, and it ensures a fair and legal auction process. Save Time: It takes an average of 2 minutes to post an item on Public Surplus. Use As Needed: Public Surplus is available as needed to any government agency requiring an effective method to dispose of its surplus. No contracts are required, no sales volume commitment is required, and no auction frequency commitment is required. Agencies that require a contract can piggyback on one ofseveral existing coinpetitively bid contracts. Reduce Stress: With Public Surplus's perpetual auction format, surplus is sold as soon as it is removed from service, at its highest point of value. No need to allow surplus to build up, and no need to plan, stage, and hold a live auction. Save Space: If your warehouse and outdoor storage space is limited, implementing Public Surplus will reduce your inventory and enable your agency to use its real estate in a more effective manner. Be In Compliance: Public Surplus includes features and functions that ensure compliance with federal, state and local regulations. Reports are easily produced to address any audit or inquiry, and are available online 24/7/365 for a minimum of seven (7) years. Benefit From Other TPG Services: The Public Group (TPG) offers more than just an online auction service. We have a fantastic contract management service - Public Contract - and an efficient e- procurement service - Public Purchase. Online demonstrations are available for all TPG services. A Public Surplus pilot program is the easiest way to "test drive" Public Surplus and experience the success that more than 2,300 agencies throughout the United States have experienced. I will contact you within the next week to follow Lip, but please contact me if you have any questions. LINK TO REGISTER: lltt :HNvvN,�v. tiblicstir lus.con]/sms /re ister /a enc Sincerely, Andrew Toosten Sales Representative The Public Group, LLC PH: 1 -800- 591 -5546 x166 Fax: 1- 801- 932 -7001 andrew'o the ublic rou .com www.publiesuri)lLis.com www.publiopurchase.com ut� rchase.com CONFIDENTIAL NOTICE This email is intended only for the use of the individual or entity to which it is addressed, and is considered information that is privileged, confidential, and exempt, for disclosure under applicable law. Why do Florida governments utilize GovDeals? GovDeals is a highly efficient, proven system that produces higher prices for clients. Other Florida governments are using GovDeals with great success. 'CITY,,.- 1) Archer 53) Mary Esther... _ 2) Astatuia 54) Melbourne 3) Atlantic Beach 55) Mexico Beach 4) Auburndale 56) Miami Shores Village 5) Bartow, FL 57) Midway 6) Belle Glade 58) Milton 7) Belleair 59) Naples 8) Belleview 60) Neptune Beach 9) Callaway 61) North Lauderdale 10) Cape Coral 62) North Palm Beach 11) City of Lake Mary, FL 63) North Port 12) Clermont 64) Ocala 13) Cooper City 65) Oldsmar 14) Crescent City 66) Ormond Beach 15) Dade City 67) Palatka 16) Delray Beach 68) Palm Bay 17) Deltona 69) Palm Beach Gardens 18) Dunedin 70) Palm Coast 19) Fernandina Beach 71) Panama City 20) Fort Myers Beach 72) Penney Farms 21) Fort Myers 73) Pinellas Park 22) Fart Pierce 74) Plantation 23) Fort Walton Beach 75) Rockledge, FL 24) Freeport 76) Royal Palm Beach Village 25) Fruitland Park 77) Safety Harbor 26) Gainesville 78) San Antonio 27) Gretna 79) Sanibel 28) Groveland 80) Sebastian 29) Gulf Breeze 81) Sebring 30) Gulfport 82) Seminole 31) Hallandale Beach 83) Shalimar 32) Highland Beach 84) South Palm Beach 33) Holly Hill 85) Southwest Ranches 34) Hollywood 86) Springfield 35) Indian Rocks Beach 87) St. Augustine 36) Indian Shores 88) St. Cloud 37) Jacksonville Beach 89) St. Pete Beach 38) Jacksonville 90) St. Petersburg 39) Juno Beach 91) Sunny Isles Beach 40) Kissimmee 92) Sweetwater 41) Lady Lake 93) Tallahassee 42) Lake Alfred 94) Tamarac 43) Lake Butler 95) Tampa 44) Lake City 96) Tarpon Springs 45) Lake Park 97) Tavares 46) Lake Placid Police Department 98) Temple Terrace 47) Lake Placid 99) Valparaiso 48) Lake Wales 100) West Melbourne 49) Lantana 101) West Palm Beach 50) Leesburg 102) Wilton Manors 51) Madelra Beach 103) Winter Haven 52) Malabar 104) Winter Park �COUNT1f ,. — 1) Bay County Board of Commissioners 8) Hillsborough County 2) Charlotte County 9) Marion County Board of County Commissioners 3) Citrus County Board of County Commissioners 10) Martin County 4) DeSoto County 11) Nassau County Board of County Commissioners 5) Glades County Board of County Commissioners 12) Pinellas County Board of Commissioners 6) Hendry County Board of County Commissioners 13) Polk County Board of Commissioners 7) Highlands County Board of County Commissioners (HCBCC) 14) St. Johns County Board of County Commissioners FDERAt_ z. 1 LISPS Fort Myers -, Y 3 USPS South Florida Di 1 strict 2) LISPS Sarasota FIRE;& RESCUE :. 7 -- 1) Big Corkscrew Island Fire Control & Rescue District " 9) North River Fire District 2) Delray Beach Fire Department 10) Palm Harbor Fire and Rescue 3) East Lake Tarpon Special Fife District 11) Parker Volunteer Fire Department 4) Englewood Area Fire Control District 12) South Trail Fire Department 5) Immokatee Fire Control District 13) South Walton Fire District 6) Iona- McGregor Fire District 14) Southern Manatee Fire Rescue 7) Key Largo Fire Rescue and EMS D ;strict 15) West Manatee Fire & Rescue 8) North Naples Fire Control and Rescue District HCGH. 1 ED 1) Chlpola Collage 8) Lively Technical Center 2) Flagler College 9) Northwest Florida Stale College 3) Florida Atlantic University 10) Pasco- Hernando Community College 4) Florida Gateway College 11) St. Johns River State College 5) Florida State College at Jacksonville 12) State College of Florida Manatee- Sarasota, FL 6) Florida Slate University 13) University of Central Florida 7) Gulf Coast State College 14) University of Florida ) _- Y - -_ _ - - 1 Brevard County Public Schools i 0) Santa Rasa County School District - 2) District School Board of Pasco County 11) School Board of Alachua County 3) Hillsborough County School District 12) School Board of Clay County 4) Lee County School District 13) School Board of Indian River County 5) Leon County School Board 14) School Board of Polk County 6) Martin County Schools 16) School of Arts and Sciences 7) Monroe County School District 16) St. Lucie County School Board 8) Okeechobee County School District 17) The School Board of Osceola County 9) Pinellas County Schools rLAW ENFORCEMENT r: 1) Biscayne Park Police Department 9 Hend ry Coun ty 5heriifs office 2) Citrus County Sheriffs Office 10) Oak Hill 3) Collier County Sheriffs Office, FL 11) Palm Beach County Sheriff Office 4) Dixie County Sheriffs Office 12) Palm Beach County Sheriffs Foundation 5) Eatonville Police Department 13) Pinellas County Sheriff 6) Escambia County Sheriff 14) Putnam County Sheriffs Office 7) Flagler County Sheriff 15) St. Augustine Beach Police Department 8) Gilchrist County Sheriffs Office 16) West Melbourne Pollee Department 1) Heartland Library Cooperative 4) SL Lucie West Services District 2) Justice Coalition 5) State of Florida Department of Health 3) Loxahatchee River District 6) Westchase Community Development District 1) Lowry Park Zoological Society of Tampa - PUBLIGAUTHORITY , 1) Santa Rosa island AuthordY 2) Toho Wa ter Auihority :STATE ;- - — - - 1) Florida Department of Agriculture and Consumer Services 3) State of Florida Administrative Property 2) State of Florida zTRANSF'ORTATEON 1) Hillsborough County Aviation Authority -Lost and Abandoned Property 6) Melbourne Airport Authority .. 2) Hillsborough County Aviation Authority 7) Panama City - Bay County Airport and Industrial District 3) Hillsborough County Public Transportation Commission 8) Pinellas Suncoast Transit Authority 4) Lakeland Area Mass Transit District 9) Sarasota - Manatee Airport Authority 5) Lee County Port Authority 10) South Florida Regional Transportation Authority 1) Emerald Coast Utilities Authority 7) Lee County Solid Waste Division 2) Englewood Water District 8) Okaloosa Gas District 3) Jefferson County Solid Waste Department 9) Okeechobee Utility Authority 4) Kissimmee Utility Authority 10) South Florida Water Management District 5) Lee County Hyacinth Control District 11) St. Johns River Water Management District 6) Lee County Mosquito Control District 12) Tampa Bay Water MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 INCREASE SPENDING LIMIT /CLASSIC AUTO COLLISION BACKGROUND In accordance with Code of Ordinances, Chapter 36, Section 36.03 (B), which requires Commission approval for multiple acquisitions from a vendor exceeding $25,000 in any Fiscal Year, City Commission is requested to increase the spending limit for Classic Auto Collision to $45,000 for the repairs for City of Delray Beach vehicles. The Risk Management Department, which handles the processing of collision repair invoices as well as insurance subrogation processes, has retained an independent accident damage appraisal company that provides an independent damage cost appraisal. Classic Auto Collision is one of a number of body repair shops utilized by the City Garage that has agreed to perform collision repairs and refinishing processes at the amount stipulated from our independent appraisal report. In the current fiscal year, the City of Delray Beach has experienced an unusually high number, more than 30, auto and truck accidents resulting in body shop repairs. In the case of Classic Auto Collision, three vehicles were there at the end of May 2014 for body shop repairs. Although we have made earnest attempts to comply with the $25,000 threshold dictated in Code of Ordinances Chapter 36, it can sometimes be challenging to comply in circumstances where we do not know the cost of a given repair until after we have assigned the repair job to a vendor and receive the repair appraisal. Such is the case with Classic Auto Collision; when we became aware that the spending cap with this vendor had been exceeded, we immediately ceased sending repair jobs to them until such time as we received Commission approval for an increased spending cap, which we are now doing. To date during the current fiscal year, the City of Delray Beach has spent $29,597 in body shop repairs at Classic Auto Collision. A typical collision repair is usually between $1,000 and $3,500. Based on the volume of damaged vehicles that have required repair in the current year, it is anticipated that this $45,000 threshold will provide funding for body shop repairs with this vendor through the balance of the year. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before Commission is approval to increase the spending cap for Classic Auto Collision to $45,000.00. TIMING OF THE REQUEST This request is timed to provide funding for required body shop repairs with this vendor through the balance of the current fiscal year. FUNDING SOURCE Funding is available from 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /C.G. — Outside Service). 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I Uj I U _ t Hal 'dl id1 a1 V1 a1 V'a1 41 a1 414141 �rtp -:V V+ V1 d'a• M M MM M MM I o:4 I 1- �r^IHHHr -Ir-I rIHHHHHHHHriHHHHHHriH Hri rl ri r' I Co W t \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ ro I EK I ONx0 OLi) MCI1MWLnHHhWhhLn410WMIDOOI�HMhM W '�j I ry' I GHPNNdNNwi rH rIH HONNNNOHONH H H N N H 0 a' •ri I q I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ $4 t E-I I 0 1D 100 MM 44-,4 M%a1V'a1a1a1 M M M M M N N H,r N Nr4 H HHO H O t Cp I I E1 HHHHHHH Ll ) ri r I I ,^} I �fi1WZ�wGZ�FLr�f�C 41 r � U I <Www+� <gF: IZ.I1�CZiiCZslwW�d,1� H : I E� U U U1 U1 I a1 a• V1 � 41 41 41 41 41 � VI V' d1 V� V1 V1 a1 V14t14M 'V' d14141 a' d1 05 1 I .'41 CcH CpHwlHrl rl rlHHHHHHHHHHHHHHHwi rlH HrIHHH NUW Ui'l lc� M M OM OD h OD CO h M h h h h h h h W W LnrN 4r M LO N Cn NNM \ 7 I m Vlh H a1 -A dv Ln 4M H N M N H Lo a) d d O Ln O VI Ln 10 lo a1 \h S4 I=tt 1 MW COOhHL� H O W Ln Ln H Ln Ln O H O] W V1 H O Ln H M Ln M M Z) 1D MH I QI Q t OMCD hWNHNHOh COW r.- OD 03 0 hOCo Nr -10)N r-I 0Nhh0 :E (1) I W I O CC) COCO CO 00 O OD CO CO h h h h h W h lO lD W 1D Ln Ln 1D Ln Lfi V1 V'Ln Uq I W a I M M MMM M M M M M 614161 M M M M M M M M M M M M M M MM i 1O lD 1D 610 1D lD �tD1610 W 1O 1D 1O 16 m 1D 101D lO lO lO � 1D lOW IQx7 W i M1D P4 0 1 0 1 M 1 q x 1 NN1hN61• d1ef10V11O1 ,phhM4NV1V1W0h016hNPWgNhLn ar�y,1 ",� U I NhLnONIDOHNNOHrIHhhhMN (}70NlO4MHNhMhM w j t W a'p:•ri 1> Ew I < I N16 m ":v hMhH0010100 Ln a\O lO 1D V1 h O M H 00 N N Oat h WO V1 a1 a1 41 M Mal Cn ),o re) M M M M Co M N N N N HHNH H 00H a a U 1 ml p p d O O 0 0 0 0 0 0 0 g p p d d d O 0 0 0 0 0 0 0 q p q MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 INCREASE SPENDING LIMIT /SOUTHEAST TRUCK SPECIALIST BACKGROUND In accordance with Code of Ordinances, Chapter 36, Section 36.03 (B), which requires Commission approval for multiple acquisitions from a vendor exceeding $25,000 in any Fiscal Year, City Commission is requested to increase the spending limit for Southeast Truck Specialist to $35,000 for the repairs for City of Delray Beach vehicles. The Risk Management Department, which handles the processing of collision repair invoices as well as insurance subrogation processes, has retained an independent accident damage appraisal company that provides an independent damage cost appraisal. Southeast Truck Specialist is an Emergency Truck repair shop specializing in repairs to Fire Rescue vehicles, and has agreed to perform collision repairs and refinishing processes at the amount stipulated by our independent appraisal report. To date during the current fiscal year, the City of Delray Beach has spent $21,473 in body shop repairs at Southeast Truck Specialist. Based on the volume of damaged vehicles that have required repair in the current year, it is anticipated that this $35,000 threshold will provide funding for body shop repairs with this vendor through the balance of the year. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before Commission is to approve an increase to the spending cap for Southeast Truck Specialist to $35,000.00. TIMING OF THE REQUEST This request is timed to provide funding for body shop repairs with this vendor through the balance of the current fiscal year. FUNDING SOURCE Funding for services is available from 501 -3311- 591.52 -52, Garage fund. RECOMMENDATION The Fleet Maintenance Department recommends approval of the increased spending cap. 0 z H Ea H >H H H U R: z O Ei :S O W O Q,' � PC O w w Ia O H ff} W w m W >+ t E� m m z >� C% rn • rn rn m a) C O m >, I- rn - z rn > x rn H W rn E� w c• O z z O Z OH lD N C 1 � O O U] p�. E•I CD o COi o U co >+ >1 .. i7 > x o H x m x z ro o H °• z rz H o a q Hh W a a o >+ fa � w w z x z x440 w Q CQ W w O O 0 Z ul x w° 0 Z2� E•� W > o P W H U >H o f4 C4 > W xxrx a a Q E� MQ� U U 0Z W X z a o z z z M E� O a Q, H U w W W X 0.i H RS ', H N PS z r4 a >�> p U w a w F Px a x E1 I co O Ln coo m ul w: i HO i v14 0) NP rtr m U Ol I i) '°" I 0) N m H 07 0) 14 r 14,' i A'i ry I M H M 10 H 01 H V' QI 7 {n I ti) Cl) Q i I H r-1 (] I I N H I I I I I I I (7 I I 1 z I t I I I I I I I H I wEi 1 OC6 Ln PCQp C4 dLnWOmri rlM b F I U'T., t Ol000lD O'd� 00- O,0 >•�H p I 8 t . . 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Hrr- r-iilirf- 1r- ir- Ir- rr-HrvIry 4- IrvIr� -Ir�^I mlwUwl O 0) m co cz 010114 Ln Ln Ln lD w N N mM �a�Iz o NO ti I\ I m"r co -:v VIM'. 0 c v0NNNN \r I4 1 l NHMmOD ON 000ri-r1- wMr1 10+ O I 0610)10Ln0)0)N co to NCD 0o0o 0 C co 16 co NC6[,- 1614 r 10 Lo Lnmw C5( I U} W I 61mmm(710) 0) 0)61010)01610161 Q I \ I lD 1D 10 to l0 to W to to Lc to w l0 w l4 0 0 P4 I q I l61O 101600) 61 14 d+ 0D M 0 M W M 4,H z U I crr r r r m M c4 v N1:11 P N N N V d1 wVy 1 w E^t 1 I Ln Lo H H lD W 0 L6 lD Ln N 610 o HH 'al'�d'd'd"d'MNNNMNHr -IHH 04 lo- CLWU I 47 I Opppd0000000gpd0 MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks & Recreation THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 INCREASE SPENDING LIMIT /HECTOR TURF BACKGROUND Chapter 36, Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding $25,000 in any Fiscal Year ", adopted by the Commission on November 19, 2013, requires prior approval from the Commission when total annual purchases from any one vendor is forecasted to exceed $25,000. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Parks & Recreation (Parks Maintenance and Golf Course Operations) expects the total FY2014 activity for lawn mower and tractor repair parts related purchases to exceed the FY 2013 level. Purchases year - to -date for the vendor, Hector Turf, has exceeded the $25,000 threshold. Vendor Name endor # jYTD $ jPrevious YTD Hector Turf 1303400 $ 31,233.92 $ 47,448.31 Tires Hydraulic oil for 13 mowers changed every 400 hrs. Filters Rollers Shaft Rollers Flanges Fuel Tank Mower Repair Gearbox assemblies Throttle cables Belts Caster Wheel assemblies OPERATING COST Funding is available under the approved FY 2014 department operating and capital budgets. The Commission's approval of this item would have no effect on FY 2014 budgeted operating costs. TIMING OF THE REOUEST This item is time sensitive, as the amounts expended with these vendors have exceeded the threshold. FUNDING SOURCE Funding is available under the approved FY 2014 department operating and capital budgets. The Commission's approval of this item would have no effect on FY 2014 budgeted operating costs. RECOMMENDATION Parks & Recreation recommends retroactive approval to expend up to a total of $40,000 in FY 2014 from the lawn mower and tractor repair related company listed above. fupw I f 1$Pa4, Rull 4 Rw. al AMXM MIID 15 ?2013 Lti V Delray Beach ? oriia mim uminviS SSE P.4.1 M. m [An m MCE EM Mr.. ION ]COW +RM12 N31 AMVM 037 6 694HE 2/14 P IC 1'15113 0HAP MOM RI,M '1f.G'1` ow ?MM 945`4I14`512,46 -20 471.20- $71,10 694H6 2114 P:0hV13 00360 13UHS RME 0?. ?GEES 444.4I14`571.46`.0 1?8.65• 113,64 2N Q A114113 WNW 1367M aIAV OM ?! SAS 945 - 4714 - 572,46 -20 16fia9i- lim 03960 1.14 IN 10111113 693980 PC un! 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ON 6990% 210 � 11101112 00064871396916 UM ME RIIR=g 344 47.x- 512,46-2 0.44- 439,44 5 'ML*I= - 410,18 A �: MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation Alberta Gaum, Recreation Superintendent THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 PROJECT AGREEMENT /FDEP /CLEAN VESSEL ACT GRANT PROGRAM BACKGROUND Attached is a reimbursement Project Agreement between Florida Department of Environmental Protection Clean Vessel Act Grant Program and City of Delray Beach for Maintenance and Repair for the existing pumpout system in the amount of $10,959.36 (75% of project costs. A 25% match is required from the City). On June 24, 2009, the City Commission approved an agreement between the City of Delray Beach and the Florida Department of Environmental Protection Clean Vessel Act for the purchase and installation of a pumpout system which includes a Peristalic Pump for public use and 12 remote pumping stations located at each boardwalk. The attached agreement is for maintenance and repair of this pumpout system. Under the terms of the agreement, the City is responsible for maintaining the pumpout according to manufacturer's specifications and providing any necessary repairs. This includes hoses, clamps, replacement of parts required to maintain pumpout system, oil changes, etc. The allowable costs for this project are salaries ($3,540.48), fringe benefits ($1,487.00), contractual services /maintenance and repairs ($9,585.00). Total project cost is $14,612.48. Florida Department of Environmental Protection has approved $10,959.36 (75% of total project cost) which leaves $3,653.12 as the City's responsibility. Term of agreement: Agreement execution date to May 12, 2016. FINANCIAL DEPARTMENT REVIEW Finance Department recommends approval. DISCUSSION This item before City Commission is to approve the Agreement between Florida Department of Environmental Protection Clean Vessel Act and the City of Delray Beach for reimbursable funding in the amount of $10,959.36 for maintenance and repairs at the Delray Beach Municipal Marina. DEP Agreement No: MV143 For CVA 14 -713 PROJECT AGREEMENT FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and the CI'T'Y OF DELRAY BEACH MARINA, whose address is 159 Marine Way, Delray Beach, Florida 33483 (hereinafter referred to as the "Grantee "), a local government, to conduct Clean Vessel Act Grant; CVA 14 -713, City of Delray Beach Marina approved under the Clean Vessel Act Grant Program (CFDA 15.616). WHEREAS, the Department is the recipient of federal financial assistance from the Department of Interior, U.S. Fish and Wildlife Service through Grant Agreement No. F 12AP00551 and, WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal financial assistance from the U.S. Fish and Wildlife Service. NOW, THEREFORE, in consideration of the promises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: I . The Agreement shall be performed in accordance with Public Law 102 -587, Subtitle F, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85), which are hereby incorporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as the Clean Vessel Act Grant; CVA 14 -713, City of Delray Beach Marina in accordance with the terms and conditions set forth in this Agreement, the Scope of Work and Conditions, provided as Attachment A, and all exhibits and attachments referenced herein and made a part hereof. 3. By executing this Agreement, the Department certifies that a site visit has been conducted by Department personnel to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEPA criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service. 4. This Agreement shall begin upon execution by both parties and remain in effect until May 12, 2016, inclusive, This Agreement may be amended to provide additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Legislature. 5. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $10,959.36 towards the Total Project Cost as described in Attachment A, Scope of Work and Conditions. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Florida Legislature. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of deliverables identified in Attachment A, in accordance with the schedule therein. Costs directly associated with the proper collection and disposal of DEP Agreement No. MV143, Page I of 10 sewage from recreational boaters for removal and disposal by sewage haulers will be reimbursed at the rate approved by the Department as identified in Attachment A. Reimbursement shall be requested utilizing Attachment B, Grant Payment/Match Request Form. In conjunction with Attachment B, an itemized listing (by deliverable) of all expenditures claimed (including the dates of service) shall be submitted. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. iii. The Grantee shall submit a final invoice to the Department no later than May 26, 2016, to assure the availability of funds for final payment. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in -kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. Upon approval and payment of the final invoice, any remaining funds will be unencumbered. C. For the purchase of goods or services costing more than $2,500 and less than $100,000 the Grantee shall obtain at least two written quotes. The quotes must be submitted to the Department for review and approval of the quote amount prior to the commencement of any work under this Agreement. Written quotes shall be for items that are alike in function, operation and purpose. An explanation must be provided whenever the Grantee proposes the use of a vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the anticipated Project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved. Any purchase over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76, D. The parties hereto understand and agree that this Agreement requires match in the form of cash or third party in -kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the Project. All match shall meet the federal requirements established in 43 CFR, Part 12 and OMB Circulars A -87 (2 CFR 225), A -122 (2 CFR 230) and A -21 (2 CFR 220). E. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http: / /www.fldfs.com/aadir /reference %5Fguide and allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at hLtp://www.access.gpo..P,ov/nara/cfr/cfr-table-search.htmi and OMB Circulars A -87 (2 CFR 225), A -122 (2 CFR 230), A -21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A -IO2 and A -110 (2 CFR 215) at http://www.whitchouse.gov/omb/circulars/index.html#numerical. REMAINDER OF PAGE LEFT INTENTIONALLY LEFT BLANK DEP Agreement No. MV 143, Page 2 of 10 F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A -87 (2 CFR 225) Private non -profit organization other than OMB Circular A -122 (2 CFR 230) (1) an institution of higher education, (2) hospital, or (3) organization named in OMB Circular A -122 as not subject to that circular. Education Institutions OMB Circular A -21 (2 CFR 220) For -profit organization including an 48 CFR Part 3l, Contract Cost Principles and organization named in OMB A -122 as not Procedures, or uniform cost accounting standards subject to that circular. that comply with cost principles acceptable to the federal agency. Hospital 45 CFR Subtitle A - Appendix E to Part 74- Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals G. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shal I comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was S 10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. H, i. The Grantee's accounting systems must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by- program or a project -by- project basin Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non - compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, frorn another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. DEP Agreement No. MV 143, Page 3 of 10 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. The Grantee shall submit progress reports,, on the form provided as Attachment D, Progress Report Form, on a quarterly basis until the Agreement completion date identified in paragraph 4. Progress reports shall describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. Reports shall be submitted to the Department's Grant Manager no later than fifteen (15) days following the completion of the quarterly reporting period. The Department's Grant Manager shall have thirty (30) calendar days to review deliverables submitted by the Grantee. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes, 9. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 1 I9.07(1)(a), Florida Statutes, D, This Agreement may be terminated by the Department if written confirmation is received from the Grantee that the pumpout vessel or the pumpout equipment has been destroyed by an act of nature. 10. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: I) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fai Is to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall DEP Agreement No. MV 143, Page 4 of 10 preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 11, if the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. i. The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 12. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition, DEP Agreement No. MV 143, Page 5 of 10 13. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and /or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and /or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A433, Subpart B, Section .210 for determ in ing whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient /Subrecipient vs Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: htt s :lla s.fldfs.comlfsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 14. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B_ The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915. C. The Grantee agrees to follow the affirmative steps identified in 43 C.F.R. 12 for its selection of subcontractors and retain records documenting compliance. D. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. E. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 15. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. DEP Agreement No. MV 143, Page 6 of 10 B. The Grantee shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients certify accordingly. C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 17. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or delivered in person to the Grant Managers at the addresses below. 18. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Brenda Leonard Florida Department of Environmental Protection Office of Sustainable Initiatives 3900 Commonwealth Boulevard, MS 430 Tallahassee, Florida 32399 -3000 Telephone No.: {850) 245 -2847 Fax No.: (850) 245 -2159 E -mail Address: Brenda. leonard de ,state.fl.us 19. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. Albert Guam City of Delray Beach- (City Marina) 50 Northwest 1st Avenue Delray Beach, Florida 33444 Telephone No.: (561) 243 -7136 Fax No.: (561) 243 -7268 E -mail Address: gaum ci.delra - beach.fl.us 20. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under th is Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. DEP Agreement No. MV 143, Page 7 of 10 21. The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 24, A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and will not be eligible for processing through the change order procedures described above. B. In the event of a change in the Grant Manager for either the Grantee or for the Department, such party will notify the other party in writing of the change within thirty (30) days after the change becomes effective. The notice for a change in the Grantee's Grant Manager shall be sent from the Grantee's representative authorized to execute agreements to the Department's Grant Manager. The Department's Grant Manager wil I transmit a copy of such change to the Department's Procurement Office and the Contract Disbursement Office for inclusion in the Agreement file. 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487 -0915. 26. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency: and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 27. The U.S. Fish and Wildlife Service and the Department, reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. DEP Agreement No. MV 143, Page 8 of 10 28. Land acquisition is not authorized under the terms of this Agreement. 24, The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment F, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment G, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 143. Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF DELRAY BEACH MARINA By: Signature of Person Authorized to Sign Print Name and Title of Authorized Person Date: FE1D No.— STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION am Director, Office of Environmental Education and Sustainable Initiatives Date: - Z — Brenda Leonard, Program Administrator DEP Contracts Administrator Approved as to form and legality: DEP A orney For Agreements with governmental boards /commissions: if someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board /commission must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Scope of Work and Conditions Q Pages) Attachment B Grant Payment/Match Request Form (1 Page) Attachment C Contract Payment Requirements 1 Page) Attachment D ProgLess Report Form 1 Page) Attachment E Special Audit Requirements 5 Pages) Attachment F Contract Provisions 4 Paves) Attachment G Regulations (1 Page) DEP Agreement No. MV 143, Page 10 of 10 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work and Conditions FOR MAINTENANCE & REPAIR OF PUMPOUT STATION PURPOSE The purpose of the Clean Vessel Act Grant Program is to establish or restore pumpout facilities that are operational and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use /Acceptance of Funds, for the Agreement period, includingthe five (5) year reporting period extending beyond the date of equipment installation or construction completion, if applicable. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed $10,959.36 for satisfactory completion of the project outlined herein and the Grantee, City of Delray Beach, agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA 14 -713, and provide a minimum 25% non - federal matching funds. The project is located at: 159 Marine Way, Delray Beach, Florida 33483. CONDITIONS OF THE PROJECT AGREEMENT Project Reimbursement 1. Match documentation shall be provided in accordance with instructions on Attachment B, Grant Payment /Match Request Form. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. 2. Grantee invoices must be accompanied by all required deliverables as identified in this Attachment and all documentation as outlined in Paragraphs 5.13. through 5.D. of the Agreement. The Department shall have thirty (30) days to review and approve all invoices and deliverables. Upon review and approval of the required deliverables, the Grant Payment /Match Request Form and required documents, the Department will process the request for payment. Project Requirements Pumpout facilities will be designed and operated in accordance with state and local health regulations. The location of each pumpout facility, pumpout vessel, or dump station will be continually identified through informational markers using the International Pumpout Symbol on a sign of at least three feet by four feet (3 x 4') in size. Any informational markers should be located on a dock or on land clearly visible from the waterway. Any informational markers located in the waters of the state shall be with prior approval of the Florida Fish and Wildlife Conservation Commission as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. Informational placards stating fees, hours of operations, instructions, and operator name and telephone number shall be posted in a clearly visible location at the pumpout location. The placard shall have posted emergency phone numbers for reporting service problems and shall include the following statement: Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act and through the Florida Department of Environmental Protection. 4. Pumpout facilities, pumpout vessels, or dump station services wil l be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 requires prior written cost justification approval by the DEP Agreement No. MV 143, Attachment A, Page 1 of 3 Department. if fees are collected, such proceeds shall be accounted for, and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. An accounting of all fees collected will be provided with the quarterly log described below, 5. The pumpout facility operator shall maintain a pumpout log to be submitted to the Department no later than fifteen (15) days of each calendar quarter following the quarter during which the execution of this Agreement occurred and continue until the end of the Agreement period in paragraph 4 of this Agreement. The log shall document use of the equipment by number of pumpout services events, gallons pumped, number of out of state vessels pumped, fees charged, and maintenance, labor, or other operational costs incurred. 6. The pumpout facility operator shall submit Attachment D, Progress Report Form, to the Department each quarter no later than fifteen (15) days of each calendar quarter and with each reimbursement request beginning with the quarter during which this Agreement was executed. The Grantee shall provide marine sanitation and pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as informational materials, on- site instruction or audio- visual methods by the marina owner /operator, equipment vendors, harbormaster or local government personnel. TASKS/DELIVERABLES FOR PROJECT REIMBURSEMENT The following is a schedule oftasks /deliverables and budget detail for the completion of the tasks required to complete this project. Prior written approval from the Department's Grant Manager shall be required for changes within approved task budget categories of up to 10% of the total task budget amount. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% of the total approved task budget will require a formal change order to the Agreement. Changes that transfer funds from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. No reimbursement will be made that exceeds the grant award amount. An increase in funding or a completion date extension will require a formal written amendment to this Agreement, Task 1. Maintenance and Repair: The Grantee is responsible for maintaining the pumpout according to manufacturer's specifications and providing any necessary repairs. This includes hoses, clamps, replacement of parts required to maintain pumpout system, oil changes, etc. Deliverable: List of maintenance or repairs made to the equipment, names of staff completing maintenance, copies staff payroll, and copies of maintenance /repair receipts. Performance Standard: Documentation will be reviewed to confirm that the necessary maintenance and /or repair was completed. Task Timeline: After Agreement execution and prior project completion date of May 12, 2016. Budget: Allowable costs for this task are for required maintenance and repairs (salaries, fringe benefits, contractual services). (Salaries: $3,540.48: Irrigation / Pumpout Supervisor at $18.44 /hr., Fringe Benefits: $1,487.00, Contractual services: $9,585.00. Total = $14,61148) Note: Payment can be requested upon submission and review and approval of the deliverable identified above. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 143, Attachment A, Page 2 of 3 Approved Tasks/Deliverables and Amounts Tasks Deliverables Total Project Amount 100 %) ].Maintenance and Repair List of maintenance or repairs made to the equipment and copy of maintenance /repair receipts. Names of staff, and copies of staff payroll. $14,612.45 Total Project Amount 100% $14,612.48 Total Grant Award Amount 75% $10,959.36 Total Match Amount 25% $3,653.12 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 143, Attachment A, Page 3 of 3 ATTACHMENT B GRANT PAYMENT/MATCH REQUEST City of Delray Beach Marina DEP Program. Cleary Vessel Act Grant Program MV 143 CVA14 -713 If Department payment is being requested, an invoice on your letterhead must accompany this forma TOTAL PROJECT (1.00 %) Of costs Permitting $ NIA Construction NIA Renovation NIA Equipment Purchase NIA Equipment installation NIA Operations NIA Maintenance and Repair Sewage Hauling NIA Pumpout Signage NIA Education and Instructional N/A Materials TOTAL PROJECT $ 25% Grantee match $ 75% reimbursable to Grantee $ attest that documentation has been and will be maintained as required by this Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No. MV 113. 1 further attest. that City of Delray Beach Marina has complied with the terms and conditions of this Agreement. Grantee's Project Manager DEP Agreement No, MV 143, Attachment B, Page I of l Date ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. N/A under this Agreement. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated, Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.01.7, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. N/A under this Agreement, (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. N/A under this Agreement. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: bttp://www.fldfs.com/aadir/reference guide.htm DEP Agreement No. MV 143, Attachment C, Page t of ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: MV 143 Grantee Name: Grantee Address: Grantee's Grant Manager; Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., copies of permits, photographs, etc.) This report is submitted in accordance with the reporting requirements of DEP Agreement No. MV 143 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. MV 143, Attachment D, Page f of 1 Date ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP", "FDEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but notbe limitedto, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: / /12.46.245.173 /cfda /efda.htmi. DEP Agreement No.MV 143, Attachment E, Page I of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. in connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 21597(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (Le,, the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https: /fapps.f1dfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httpa/www.leg.state.fl.us /Welcome /index.cfin, State of Florida's website at http,//www.myflorida.com/, Department of Financial Services' Website at h_ttp: / /www.fldfs.com/ and the Auditor General's Website at h": / /www.state.fl, us /audeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i, e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State ogenrie.v may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 115.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -1 33, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No.M V 143, Attachment E, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133. as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after .lanuary 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http : / /harvester.census.gov /fac/ C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (t), OMB Circular A -133, as revised. Pursuant to Section .320(1), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section _320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 1 I I West Madison Street Tallahassee, Florida 32399 -1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.MV 143, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.MV 143, Attachment E, Page 4 of 5 I C4 z W 0 � O Q L 4. o 07 ofl LS. � '47 L = O ed CL a u O v CJ C u 3 fT. ❑ v � Q M Qn 0 U C m � I Q M 4S m U i C. m .G T G d y � U i Q a 0 v 7 o eu • `L-° fi Cl U d Q o m M O O ni a b � c 3 Ci. o v FZ cw Q o o U � C o � o H U � U a � _ U 0 w on � 4 � b o h w 0 w m ❑ E "q u E G. C G W T Y G � b ° Q3w 'a G Cd N ^G Z cu v C O to L L °" O ?m i ro E C-i v b�. a4i CZ - a� O O zoo ' LT 0 � O Q L 4. o 07 ofl LS. � '47 L = O ed CL a u O v CJ C u 3 fT. ❑ v � Q M Qn 0 U C m � I Q M 4S m U i C. m .G T G d y � U i Q a 0 v 7 eD • o N Cl U M c 6A "O 3 Q crY O p � � rs, U U K G U w T c m r� C ca U Q Ct U U O � � W i U 'G •D vl o U v, 4i� v E Ln w � d � � O C C Cd O 3 0 � T � a (J U c 'o G a U w � � a o a3 -0 c � 3 9.i L en N LO V � N n• O w a aI CID a, w C U Q M Q z C N tG. bb d W 0 eD • o A O Cl U O ni b � O Ci. u v � V � O ~ A •U � a � o H _ U 0 w on � 4 � b o b rn 0 U aj w u E w C a� cl Z cu v C O o °" ?m i Q a� u Q V� O C rp M c 6A "O 3 Q crY O p � � rs, U U K G U w T c m r� C ca U Q Ct U U O � � W i U 'G •D vl o U v, 4i� v E Ln w � d � � O C C Cd O 3 0 � T � a (J U c 'o G a U w � � a o a3 -0 c � 3 9.i L en N LO V � N n• O w a aI CID a, w C U Q M Q z C N tG. bb d W ATTACHMENT F Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 1 1246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327.333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is pennissible provided that the worker is compensated at a rate of not less than 1 '/a times the basic rate of pay for al l hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DFP Agreement No. MV 143, Attachment F, Page l of 4 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's list of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.Q. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Poliution Control Act, as amended (33 U.S.C. 1368) arid Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). J 0. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ce -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title V111 of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. MP Agreement No. MV 143_ Attachment F. Page 2 of 4 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of protect consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L, 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L, 93 -205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). 21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 (Public Law 100 -690, Title V, Sec. 5153, as amended by Public Law 105 -85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace. 22. Compliance with the Buy American Act (41 U.S.C. 10a -10c) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American-made- 23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(8). DEP Agreement No. MV143, Attachment F, Page 3 of 4 24. Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration (www.ccr.gov) System for Award Management (SAM) at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No, MV 143, Attachment F. Page 4 of 4 ATTACHMENT G REGULATIONS Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. General 43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI Grants and Other Federal Assistance 43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative agreements to state and local governments 43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations 43 C.F.R. 18 New restrictions on lobbying 43 C.F.R. 43 Government wide requirements for drug-free workplace Other Federal Regulations 2 C.F.R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures Office of Management and Bud et Circulars A -21 (2 CFR 220) Cost Principles for Educational Institutions A -87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A -122 (2 CFR 230) Cost Principles for Non - Profit Organizations A -133 I Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 143, Attachment G, Page ] of 1 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 21, 2014 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT/ INTERIM CITY MANAGER TERRANCE STEWART BACKGROUND The current employment agreement with Mr. Stewart for the Interim City Manager position expires August 11, 2014. At the July 15, 2014 City Commission meeting, the City Commission directed the City Attorney to extend the term of the Agreement to provide for the continuation of employment of Mr. Stewart in order to allow sufficient time for the City Manager recruitment. This first amendment provides for the agreement to continue until terminated by either parry in accordance with the terms of the existing employment agreement and does not have a specific termination date. The employment agreement currently provides that the Interim City Manager serves at the pleasure of the City Commission and the City may terminate the employment of the Interim City Manager at any time, for any reason. If the Interim City Manager elects to voluntarily leave, he is required to provide ten (10) days notice. DISCUSSION Commission is requested to consider the First Amendment to the Employment Agreement with the Interim City Manager. TIMING OF THE REQUEST This item is time sensitive, the current Agreement with the Interim City Manager expires August 11, 2014. RECOMMENDATION The City Attorney recommends approval. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND TERRANCE STEWART THIS AMENDMENT NO. 1 ( "Amendment ") to the Employment Agreement ( "Agreement ") dated June 11, 2014, is entered into this day of August, 2014, by and between the CITY OF DELRAY BEACH ( "City ") and TERRANCE STEWART ( "Employee ") WITNESSETH: WHEREAS, the Parties acknowledge and agree that the Agreement between the Parties is in full force and effect and that this Amendment merely supplements said Agreement; and WHEREAS, the Parties have mutually agreed to an extension term of the Agreement as provided for herein. NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein, the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 2 A, "Term ", the Agreement shall be amended as follows: A. This Agreement shall become effective and the term of employment shall begin on June 16, 2014 ( "Commencement Date ") threugn August 11, 201-4 The term of this Agreement shall be from the Commencement Date offcnzvcrPe d-ate nf the greemep and until termination by either party in accordance with the provisions set forth herein. The term may be amended by mutual consent of both parties. Said mutual consent shall be documented in writing and signed by both parties. 3. All other terms and conditions of the Agreement not expressly modified by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney 2 CITY OF DELRAY BEACH, FLORIDA LIM Cary D. Glickstein, Mayor Terrance Stewart, Employee EM'PL YMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into on this � � # }`' day of - i' r1 F , 2014, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and TERRANCE STEWART, hereinafter referred to as °Employee ", both of whom understand as follows: VIMEREAS, the City desires to employ the services of Terrance Stewart as the Temporary Interim City Manager of the City of Delray Beach, Florida, as provided for in Article IV of the City Charter of the City of Delray Beach, Florida; and WHEREAS, it is the desire.of the City, through the City Commission, to provide for certain benefits, and to establish certain conditions of employment and to set certain working conditions of said employee; and WHEREAS, Employee desires to accept employment as Temporary Interim City Manager of the City of Delray Beach, Florida under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1. Duties. The City hereby agrees to employ said Employee as the Temporary Interim City Manager of the City of Delray Beach, Florida to perform the functions and duties specffied in the City Charter and Code of Ordinances of the City of Delray Beach, Florida, and. to perform other such legally permissible and proper duties and functions, consistent with the office of the City Manager, as the City Commission of the City shall 1 SpecialM/orkshop June 10, 2014; Item SP. 2 from time to time assign. Section 2. Term. A This Agreement shall become effective and the term of employment shall begin on June 16, 2014 through August 11, 2014. The term of this Agreement shall be from the effective date of the Agreement and until termination by either party in accordance with the provisions set forth herein. The term may be amended by mutual consent of both parties. Said mutual consent shall be documented in writing and signed by both parties. B Nothing in this Employment Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City and the City Commission to terminate the services of the Employee at any time, with or without cause, subject only to the provisions set forth in Section 8, Paragraph B of this Agreement, and those contained in the City Charter of the City of Delray Beach, Florida. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the requirements and provisions set forth in Section 8, Paragraph C, of this employment agreement. Section 3. Salary. City agrees to pay Employee for services rendered commencing upon the date of the first day Employee starts work at the equivalent of an hourly rate Seventy -Six Dollars and 931100 ($76.93) payable in installments at the same time as other general employees of the City are paid. Regardless of the hourly amount as previously noted, K SpeciaMrkshop June 10, 2014; Item SP. 2 the Employee shall serve the City as a Salaried /Exempt employee. Section 4. Automobile. The Employee's duties require that he have the use of an automobile during his employment by the City. To that end, the City shall grant Employee a car allowance having an after tax benefit of Four Hundred Dollars ($400.00) per month. Section 5. Temporary Housing Allowance. The City agrees to provide the Employee an allowance for temporary housing for the term of this Agreement. Allowance to include the cost of a hotel room at an establishment designated by the City for a total of up to ten (10) days or until temporary housing is .secured. Thereafter, a temporary housing allowance not to exceed the amount of One Thousand Five Hundred Dollars ($1,500.00) per month after tax benefit for the contract term as well as up to Three Thousand Dollars ($3,000.00) after tax benefit for any housing deposit and /or last month's rent. Section S. Hours of Work. Notwithstanding City policies and procedures to the contrary, it is recognized that the Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end, the Employee will be allowed to take reasonable compensatory time off as shall be deemed appropriate during said normal office hours. Section 7. Profiessional Development. A The City hereby agrees to budget for and pay the reasonable and necessary travel and subsistence expenses of the Employee for professional and official travel, meetings and occasions adequate to continue the professional 3 Special/Workshop June 10, 2014; Item SP. 2 development of the Employee and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the Florida League of Cities, and such other national, regional, state and local governmental groups and committees thereof which the Employee serves as a member. B. The City also agrees to budget and to pay for the reasonable and necessary travel and subsistence expense of the Employee for short courses, institutes, and seminars that are necessary for this professional development and for the good of the City. Section B. Termination. A. Employee shall serve at the pleasure of the City Commission, and the City Commission may terminate the employment of Employee under this Agreement at any time, for any reason or for no reason. B. If Employee's employment is terminated pursuant to this subsection, then the City shall pay to Employee any accrued compensation due Employee up to Employee's final day of employment. The City shall have no further financial obligation to Employee pursuant to this /agreement. C. In the event the Employee voluntarily resigns his position with the City, then the Employee shall give the City at least ten (10) calendar days' notice in advance, unless the parties otherwise agree. Section 9. Indemnification. A. The City shall provide a legal defense, and indemnification, under the same 4 SpeciaUWorkshop June 10, 2014; Item SP. 2 terms and conditions as provided to the other .employees of the City of Delray Beach in accordance with the requirements and provisions of the City Charter and Code of Ordinances of the City of Delray Beach, Florida. The City shall have the right to compromise and settle any such claim or suit and pay the amount of any such settlement or judgment rendered thereon, in its sole discretion. B. The City shall bear the full cost of any fidelity or other bonds which may in the future be required of the Employee by law or ordinance. Section 10. Physicals. This Agreement is contingent upon a satisfactory medical evaluation of the Employee following a full physical examination and drug test by a medical provider of the City's choice. Determination of what constitutes a satisfactory medical evaluation is solely within the discretion and determination of the City. Such physical exam and drug testing to be concluded prior to the Employee's employment Section 11. Other Tenons and Conditions of Employment. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of this Agreement, the City Charter, the City Code of Ordinances, or any other applicable law. B. All other provisions of the City Charter, City Code of Ordinances, and rules and regulations of the City relating to vacation and sick leave, holidays, and working conditions as they now exist or hereafter may be amended from time to time, 5 SpecialMbrkshop June 10, 2014; Item SP. 2 shall also apply to the Employee as it would be to other general employees of the City not covered by a collective bargaining agreement, in addition to said benefits and numerated specifically for the benefit of the Employee herein, except as may be otherwise provided for herein. C. The Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the Employee, except to the degree of such a reduction across - the -board for all general employees of the City. D. Employee shall be provided equipment, including but not limited to a cellular phone as provided to other Senior Management employees. E. Employee shall have full access to and use of the services of the City of Delray Beach Wellness Center in the same manner as other eligible City employees. Section 12. Code of Ethics Inasmuch as the Employee is an active full time member of the International City and County Management Association (ICMA), the "Code of Ethics" promulgated by the ICMA is incorporated herein, and by the reference made a part hereof. Said "Code of Ethics" shall furnish principles to govern the Employee's conduct and actions as Temporary Interim City Manager. Section -13. Notices. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows; City: Mayor City of Delray Beach, Florida 100 N.W. 1 ot Avenue Delray Beach, FL 33444 fi SpeciallWorkshop June 10, 2014; Item SP. 2 Employee-, Terrance Stewart 5421 SW 26 Court Cape Coral, FL 33914 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Sectlon 13. General Provisions. A The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has. caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested to by its City Clerk, and approved as to form by the City Attorney, and the Employee has signed and executed this Agreement, both in duplicate, on the day and year first above written. CITY OF D LRAY BEACH ry R)Ghckstein, Mayor EMPLOYEE errance Stewart 7 Special /Workshop June 10, 2014; Item SP. 2 Aftesf; t!-I� Approved as to Form: 8 Special /Workshop June 10, 2014; Item SP. 2 WHEREAS, the Florida Water & Pollution Control Operators Association, organized in 1941, is a non - profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development, to protect the health of Florida's citizens and to preserve the state's water resources; and WHEREAS, this organization offers water and wastewater treatment plant operator and water distribution system operator training courses required for the State of Florida's operator licenses, eight voluntary certification programs, and continuing education programs for operator license renewal; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, the Florida Water & Pollution Control Operators recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Month, which applauds their constant efforts to protect our health and environment. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of August 2014 as: FLORIDA WATER PROFESSIONALS MONTH and call upon each citizen and business in the City of Delray Beach to extend appreciation to our water professionals for the vital services they perform and their exemplary dedication. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 24th day of July, 2014. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 24, 2014 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Planning and Zoning Board Meeting July 21, 2014 A. Recommended approval with conditions (7 to 0), of a final subdivision plat, replatting a portion of the Coda development, for the creation of sixteen (16) townhouse lots as Coda Replat No. 1, located on the south side of SW 1 st Street between SW 1 st Avenue and SW 2nd Avenue. B. Recommended denial (7 to 0), of a rezoning request from R -1 -AA (Single Family Residential) to CF (Community Facilities) for John 3:16 Evangelical Baptist Church, located on the east side of Carl Bolter Drive between Bluebird Drive and Avocet Road. C. Recommended approval (6 to 1, Gerald Franciosa dissenting), of an amendment to Land Development Regulations by amending Section 2.3.4 "Submission Requirements ", Subsection 2.4.3(x) "Fees ", Paragraph (1) "Development Applications" to provide for an increase in the development application fees. D. Tabled (7 to 0), the Annual Infrastructure Presentation - Acknowledgment of public comments pertaining to citywide infrastructure improvements. Site Plan Review and Appearance Board Meeting of 23 , 2014 1. Postponed (6 to 0, Jose Aguila absent), a waiver request to LDR Section 4.6.7(E)(7) to allow a monument sign to exceed a height of 8' (12' proposed) and to allow the sign area to exceed 30 square feet (40 square feet proposed) for St Mary Virgin Anglican Church, Inc. located at the southeast corner of West Atlantic Avenue and Homewood Boulevard (101 Homewood Boulevard). 2. Postponed (6 to 0, Jose Aguila absent), a request for the master sign program for Depot Square Apartments, located north of West Atlantic Avenue, between I -95 and the CSX Railroad. The master sign program includes two monument signs (one on -site and one off - premise) and one wall sign. The request also includes a waiver request to LDR Section 4.6.7(J)(2) to allow the off - premise monument sign. i. As a separate item, the Board approved with conditions (6 to 0, Jose Aguila absent), the architectural elevation plan for Depot Square Apartments, a proposed 284 -unit multiple family residential development. The Class V site plan and landscape plan were previously approved by the Board. 3. Approved with conditions (6 to 0, Jose Aguila absent), a Class I site plan modification associated with architectural elevation changes for the Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard (1725 South Federal Highway). 4. Postponed (5 to 1, Jason Bregman dissenting, Jose Aguila absent), a Class I site plan modification associated with architectural elevation changes for the installation of entrance door awnings for each individual units within the Spanish Trail Apartments Condominium, located at the southeast corner of Spanish Trail and Jasmin Drive (3101 -3139 Spanish Trail). 5. Postponed (6 to 0, Jose Aguila absent), a Class I site plan modification associated with architectural elevation changes for the installation of a storefront awning for Fite Shavell & Associates, located at the southwest corner of George Bush Boulevard and NE 7th Avenue (648 George Bush Boulevard). 6. Approved with conditions (6 to 0, Jose Aguila absent), a Class II site plan modification, landscape plan and architectural elevation plans associated with reconfiguration of the building footprint, landscape plan changes and building elevations for Uptown Delray, located on the north side of SE 2nd Street between SE 4th Avenue and SE 5th Avenue. 7. Approved with conditions (6 to 0, Jose Aguila absent), a Class III site plan modification associated with exterior renovations for the upper and lower stories and interior renovations for the lower level store, including enclosing an existing recessed entry for Periwinkle, located on the north side of East Atlantic Avenue, west of NE 4th Avenue (339 East Atlantic Avenue). Concurrently, the Board recommended to the City Commission approval (6 to 0), of a waiver request to LDR Section 4.4.13(F) (4)(a)(2) CBD Design Guidelines, which requires a minimum front setback of five feet (5') along the property frontage on the ground level, whereas a zero foot (0') setback is preferred. 8. Approved with conditions (6 to 0, Jose Aguila absent), a Class III site plan modification and architectural elevation changes for Busy Body Fitness Center, located on the east side of NE 2nd Avenue (Pineapple Grove Way), north of East Atlantic Avenue within the Ocean City Lumber Complex. The requests pertained to a conversion of use from retail to an exercise facility (fitness center) for an existing 7,012 sq. ft. tenant bay and associated architectural elevation changes for the replacement of a single storefront door to a double storefront door. Historic Preservation Board Meeting of f July 16, 2014 9. Approved (6 to 0, Annie Adkins Roof absent) a request for a Certificate of Appropriateness and an associated waiver to LDR Section 4.5.l(E)(3)(a)l.c for the installation of a wall within the front setback which measures 5'6" whereas 4' is the maximum height permitted for the property located at 620 North Ocean Boulevard. 10. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness for the demolition of non - contributing additions (circa 1961) on a contributing structure located at 55 SE 7th Avenue. 11. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness, landscape plan, photometric plan and architectural elevation plan associated with additions and alterations to a contributing structure, located at 214 North Swinton Avenue. Concurrently, the Board approved a variance request to reduce the side setback (south side) for a proposed swimming pool from the required 10' to 5'4". DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of July 14, 2014 through July 25, 2014. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT AUGUST 5, 2014 SPRAB: w wr HPB: 1. ST. MARY VIRGIN ANGLICAN CHURCH, INC. 5. FITE SHAVELL & ASSOCIATES 9. 620 N. OCEAN BOULEVARD 2. DEPOT SQUARE APARTMENTS 6. UPTOWN DELRAY 10. 55 SE 7TH AVENUE 3. HARBOR PLAZA 7. PERWINKLE RENOVATIONS 11. 214 N. SWINTON AVENUE 4. SPANISH TRAIL APARTMENTS CONDOMINIUM 8. BUSYBODY FITNESS CENTER -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \8 -5 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.L1- REGULAR COMMISSION MEETING OF AUGUST 5, 2014 BID AWARD /PRO COURTS BACKGROUND Staff prepared bid specifications for the clay court maintenance at the Swim and Tennis Club and the Tennis Center. This maintenance is budgeted annually as upkeep for the general maintenance of the courts due to weather conditions and use. The courts must be groomed to meet the standards and safety of our guests; these are the two (2) main components of clay tennis courts. Bids received were as follows: Pro Courts $31,818 Welch Tennis Courts $40,125 Fast -Dry Courts $47,285 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before City Commission is to approve a bid award to the lowest responsible bidder, Pro Courts in the amount of $31,818 for the resurfacing of seven (7) Har -Tru clay courts at the Swim and Tennis Club and six (6) Hydroblend clay courts at the Tennis Center. OPERATING COST Funding is available from 334 - 4145 -572 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair/Maintenance Costs). TIMING OF THE REOUEST This item is time sensitive since the work must be completed and paid for by the fiscal year end. FUNDING SOURCE Funding is available from 334 - 4145 -572 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair/Maintenance Costs). RECOMMENDATION Staff recommends approval of bid award to Pro Courts, the lowest responsible bidder, in the amount of $31,818. TO: Patsy Nadal CC: Suzanne Davis Doug Preston FROM: Sharon Painter RE: Tennis Court Resurfacing Bid DATE: June 27, 2014 We recommend Pro Courts be awarded the bid for the resurfacing of the tennis courts at both the Tennis Center and the Swim and Tennis Center. We are basing our recommendation on prior satisfactory work completed by the contractor at these properties and the fact it was also the lowest bid. Please let me know when we can expect to receive confirmation of this award so the work can begin. Call or email me if you have any questions. w 8 N A N th W �+ Q Q '4 w a ❑ C Q � z W o w a W o o m ❑ x ^^ +�. V U V W w z0 m � 11.1 = U m W J ? d © 4 v] d EL IL Q o pE-G z � ® 0O z tL4 v L . DI coo' H Gl U 9_ � N � im T N C h�- x 0 0 r°v 0 a m D R m y 0 a o � LO r w w a c a ac T Nf C ��JJ11 m C L i fH m H 3 m t p > O o U y U U ° 3 ° 1 T -0 C" �4 U N C p C a W ` ~ E M 3 m $r O m w } 2 CL M] O 2 g y 3 (+�j O Op or- O O 4 O N V LL V m g 1`_ E fn co E F q7 0 0 CD Cl 3 3 o c d v N N m ¢ N (S N C 1q N m W C O F z W ro V Q Vi E � a 3 V $ C o '� is C U W j tf .N 7 m c V :) •� O W p I p U .V = W m j2 U m CL Z ` -'j W to V V EL 2 7 % 5 � E C I u N a ai a O 4 -0 W co o c0 go a E 'C U C E a i O [i u3i y = m C Zi Vii y c G U @ d N to O 03 ateL 3 p � c 2 c2 L L c) ° lE p Zi £ a� 9 m � U �0 � ,E m o R p j U V m 'a m C O NO 7 U •q C N .c. p w O L] C0 $" 0 Vi E E 0-2,2 _ N E t. 7 w �. ='nac�a� o p man m m m ai M a 7 n n A n w n n n n n n n A n m n 7 n n n n CITY OF DELRAY DID SIGNATURE FORM 131D Ho. 2814 -31 TENNIS COURT RESURFACING OL&A R MIN -h TENNIS CENTER AND DELHAV TtOWN11i CI<N 92) PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RE CAUSE FOR REJECTION OF YOUR PROPOSAL The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this hid. NAME OF BIDDER > Name as registered with their State of Tl ao L f b CL �I j origin { y` PRINTNAME 2 /G'� -�Lc� TITLE. (of person signing form) BUSINESS STREET ADDRESS Y P.O. Box address not nnitted 1 L- ¢�.�.. � 2- r �F CITY, STATE, ZIP CODE r''1 Z- Gi — 2 FAX NUMBER MAILING ADDRESS; a Check if same as Business address above BUSINESS MAILING ADDRESS CITY, STATE, ZIP CODE AUTHORIZED SIGNATURE (Written) y` PRINTNAME 2 /G'� -�Lc� TITLE. (of person signing form) � 2� DAB'S L- ¢�.�.. � 2- r �F TELEPHONE NUMBER r''1 Z- Gi — 2 FAX NUMBER EMAIL ADDRESS C-• --Ik2 i` +S C! ' 00 VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE / CELL NUMBER FAX y` EMAIL ADDRESS RID No 2{114 -31 Tennis Court Resurfacing (DI3 Swint & Tennis Ceneer & Delray'I'enitk ('ent(;r) �n CITY OF DELRAY BEACH 100 NW I" AVENUE, DELRAY BEACH, FL 33444 BID No. 2014-31 TENNIS COURT RESURFACING DELRAY BEACH SWIM & TENNIS CENTER AND DELRAY TENNIS CENTER 6 MAYOR - CARY D. GUCKSTEIN VICE MAYOR SHELLY PETROLIA DEPUTY VICE MAYOR - JORDANA JAIRIURA COMMISSIONER - AL JACQUET COMMISSIONER -ADAM FRANKEL CITY MANAGER - LOUIE C€1<APMAN, IR. Purchasing Division4Finance Department ® (561) 243 - 7161/7163 oFax (5611243 -7166 CITY OF DEL RAY Y BEACH PURCHASING OFFICE N.W. Ist AVENUE DELRAY BEACH, Ft_ 33444 BID No. 2014 -31 TEL: (561) 243- 716117163 FAX: (561) 243 -7166 www.mydeiraybeach.com TENNIS COURT REi1iRFACIINQ Deirav Ill/ mch t'YItIN1r A TENNIS CENTER e- ®ll L RAV TENNIS CIM P2 May 14, 20W This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SCOPE OF WORK: The City of Delray Beach, FL. (City) hereby invites qualified firms or individuals (bidders.) to submit a bid for Tennis Court Resurfacing for two (2) locations, Delray Beach Swim & Tennis Center and Delray Tennis Center. DUE DATE: Wednesday, June 11, 2014 0.10;00. A. 1U. at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hail in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on /or before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL AND TWO (2) BOUND COPIES OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 18T Avenue, Delray Beach, Florida 33444. Bids time - stamped at 10.01 A.M. or later, will not be considered for award and will be returned to the Bidder, DOCUMENTS AND ANY ADDENDA are available on -line at the Demandstar website, . Demandstar offers a free single agency subscription which includes free document downloads by registering at If you need assistance with registration, or you are a first -time registrant and need immediate download of a document, please call (800) 711 -1712. Bid Documents obtained from any source other than Demandstar or the City of Delray Beach Purchasing office may not be accurate or complete, and each Bidder assumes all risks by its reliance on such documents. A Bidder who has not obtained bid documents from DemandStar or the Purchasing office will not be notified of any addenda issued by the City, which could contain material changes thereto (such as additions or changes to the technical specifications, extensions of time, etc.). INQUIRIES: Questions regarding this solicitation must be directed to Purchasing, 561 243 - 716:1 or 7163, by fax to (561) 243 7166 or by email to nadal@mydelraybeach.com. To ensure a timely response, inquiries should be made by June 4 2014 no later than 2;00 P.M. Information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE- Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. !'.It: 'o.2014 -;I Toonk (cmcr&DotvanTctoi;C'ctltal BID No. ` 014-31 TENNIS COURT RESURFACING (DELRAY BEACH SWIM &'TENNIS CENTER AND DELRAY TENNIS CENTER) Table of Contents Inuon to Bid Table c4 C�69a � General Cond l c us, UnAm€Uans card Infamaa& ion 4-8 IndemroNYINold Havmlosr, Agvaemer,b g 10 Cone M gimme V Dmv Oms War "ace CerWiccaicn „ Easi0mrca Rv°S uj 5 eme3n is 12 st'OnA014 9 8 iml 06 Azre-e f1Y, -en 22 corperurr e CerUfik (Fg c'SAh'(3wrxKeft) _ 21 26-27 2e^ Pv6§eSs50n 31 LWax `�- -- Mid signaftm Fccm 29 1111) Nn. ?t31 F - ±! 1•umis Court hesurthcin fD13 tin iru �� I rnniti {'k:n%r& Del [;w I cnnis E'o,trrf GENERAL CONDITIONS, INSTRUCTIONS AND INFORIr1ATION 1. SUBMISSION AND RECEIPT OF BIDS' A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. a. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid, Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. i. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder, B. Prices should be stated in units of quantity specifed in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment: a) there may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The Clty determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. B11) Nc. 2014-31 1 Qnnis C cui-[ Resurfacing (DR Suvim & i ennis Cain {el & Delni.y 1 cnnis Conte') 4. DELIVERY: A. All items shall be delivered F_D R. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. S. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responslbility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. T. SAMPLES, Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 6. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to Cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10_ COPYRIGHTS OR PATIENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such vin €ation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with al€ provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on -s to construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION- The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor which offer shall be deemed accepted upon approval by the City Manager and /or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. BID No. ?014 -31 tennis Court Resurnicing (Dl; Stivim & Tennis Center n Delray tennis C'inter) 14. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility 1s. LIABILITY INSURANCE LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure's) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a "Business Tax License" before a Notice to Proceed will be issued (Contact Donna Porter @ (661) 243 - 7209). C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance andlor Bond requirements, please contact the City's Risk Management Office at (561) 243 -7150. See pages 13 - 15 for Insurance Requirements. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all ron- conforming, non - responsive, unbalanced or conditional Bids The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAKES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85- 8012621559CA appears on each purchase order. 18. FAILURE TO SID: If you do not bid, return 'Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS. 'I THRU 19 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Sid Specifications and Special Provisions will prevail. 20. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensations for any work completed to the satisfaction of the City. 21. ANTI-COLLUSION- A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or traud. 8. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). lil D \o. 2014-31 Tciwk Court Rcsurfacinr om Swirf, & f cisnis Cct to c l)Elt:r) Cennis C'eritcrj 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches 23. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy. Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellationhermination of the contract. 24. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin, Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 25. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 26. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and louver tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 27.. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ( "Force Majeure "). In no event shall a lack of funds on the part of any party be deemed Force Majeure. I i I D . o. 20 H-3 I c:Jwis C mM Rcsurt,icing (MI 5trim &'I c Mini, Ccntcr c& lklraly .I rrmis ('enlur} 28. BID PROTEST: (PROTEST OF AWARD I PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids. Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5 %) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29 -13, Section 36.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1 r Ave Delray Beachr FL 33444 29. PUBLIC RECORDS: Contractor shall comply with ail public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provides[ by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. INDEINt1iNYWHOLD HARMLESS AGREEMENT R0 wo,e wom -t -n TENNIS CURT RESURFACING (DELRAY BEACH SWIM & TENNIS CENTER AND DELRAV TENNIS CENTER) Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or foss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement ar under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor, The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractors Name 5igna ure G' Date 131 D No. 2014 -3 i 'Tennis Colon IWsurfiacimg (1313 ti%'wim & Tennis Center & Delray Tennis Center) n CODE OF SILENCE BID mev 2014 -11 TENNIS COURT RESURFACING (DELRAY BEACH SWIM A TENNIS CENTER AND DELRAY VENND CENTER) The Palm Beach County lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2 -355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member. unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the County purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2 -51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, locai municipal governing body, or a county or municipal department authorized to act on behalf of the board or local munic +pal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidabl .'F �I dtf i k CAL _� � All Contractor's ame Slgnatur� ga WD Teo. '201:4 -. i l Co[pi Itc urfaci! }> it }li tint ini ty� 'I Jllydj ( :J kq E 1.00rat TvHilk 6` -qwr) iii DRUG FREE WORKPLACE CERTIFICATION BAD 20.2016 -Vol TENNIS COURT RESURFACING (DELRAY BEACH $W1111ir9 i TENNIS CENTER AND DELRAY TENNIS CENTER) If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs_ Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that It has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. _TJ J-L�_ ILI /V� It Contractor's Name r Signature Date 131 D No. 2 014-3 1 fermis Courl Resurfacing (D@ Swim a Tennis Center h Delray fermis C=rnter) ri INSURANCE REQUIREMENTS A, GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B, COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must Include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability_ b) Premises and/or Operations, c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non- Ownership, Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the lypes of golicies provided, but shall also refer specifically to this bid and section and the above .paragraphs in accordance with which such insurance is being furnished, and shall state that such insuranr¢ is roniiirwi by as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the state of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". 13 11) No- 2014-31 Fennls Court Resurfacing (I)13 Swim &+ I ennis Cenwr C`'" Delray T4mnis Center) Y 1 Attachment 1, 1 of 3 ACOR-D. CERTIFICATE OF LIABILITY INSURANCE OATFt4WGCYYY" TRUUMER Good insurance, Inc, P.O. Box A -1 Hest City, USA 00000 THIS CERTMCATE 18 ISSUED AS A MATTLIK OF TNFORh1ATION ONLY AND CONFERS HO RICI4TS UPON THE CERTIFICATE HOIAER, THlB tIF- MIFICATE DOES NOT AMEND, ECT'ENO OR AIJIM TKE COVERAGE AFFORDED BY THE PM.PrIES BELOW. INSURERS AFFMWINGCOVERAM HAWS! IW6YRFy Willing Workers Assoc, ABC Drive Anytown, USA 00001 rNSURkMA: msu�TH; RsusERC: wsGReRai N6lli�RF- f 0© V T1iE POLICIES OF 6NEUPANCE LISTED BELOW HAYE PEEN MUM TO THE INSURED NWED ADOVE FOR THE POLICY PEWD MNCATED. Ngrwn"STANONG A1JY REQUIRENLrWr, TERM OR GONZMDN OF MN CONTRACT CA MW OQCUUVt7T 14" RESPECT TO WHICH MS CEMPICA'jE MAY BE IMED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE P4L1 5 DESCPMB o HeiKZIN Is 5JOJECTTO ALLTHE7ET KG. EXCLUSIONS AND CAND=NB DF SUCH POUCJES_A.IGREGATEIJtAT58HL) WN IIAT'HAYE BEEN gMMEO IFY FAIR CLAIIIB. cwalt n POU""Mm vaucrEfr � nox t,1453 GF17MRAL UALIA Y FiSCHOG(�IEpiENCE f 0© A COM$ RGrALO5NEtIAT.LV%B1M GLP077604 0110'1./ 10 01/01/11 fteG S ^- GlAMSLabe OCCJR PER-'A AAWNSfUfRT L 4fliF.MLAGGAEGAtE 7 , r 6E'HLAGCiiK+ATFU>dT APP{/p.9pER�, PAGGUOTE •CPR+wyPIIGC 7 PRJCY LOG A AOTa7LOB,LLl7AB7lYY AWAWO ALF077606 01/01/10 01 /01111 CMABe+F]DSINGLE tMLT •300,000 BODILYIK:Lve (RKpl7VRt 7 [ ALLOYfNEO AIrTOS &CF�tILEOAUYPS BODILY d4%1RY R'a+>�IUiq 0�' NO,i1AWWD WTOS PROPERTYDAWLGE f _ BAKA06Lt+IBRRY Al/[OOHLY•GACCx3ERT 7 OT7it3iTiWt FAA. AuroattLr. �' S_ wr,r AGTG s e=gswuBRHLtAr uec -rrY - EACH OCCURRENCE f ocr �u Ut. 15 VAM AcGREGAre 7 OE➢LGTtBL% f S f,L"i�•�10H t WORlf�tS wuPeNiATIO %wNG A B 6MawykulLIABLE" o FcPga7 ED EwT1Ye UTL'P077606 03101110 03101111 ELEALAACCIMn Is 100,000 E.L.13MIASL-- EAEMPLPYfx s 100,000 y��ssLt, ESR[uALPpDVISIG.`LSewwv E.L.Ot7YASD •PIxJGY 11hNT 7 OTRix DE6fyHPi1PR G%OPiRATI071SLLOG)IpWlYEIHttEx f EYq.xSIONE A4nFG HMFJ' iMfaBEYtllflllPECfALA46Y19{Oli6 THIS INSURANCE APPLICAB'L$ TO (state project) *CITY OF DELRAY REACH IS ADDITIONAL INSURED — see attached endorsement- GEIil7FIGA E 4LDbR CANC9 LATTCN SfldtW ANYOR THl Al EaESd,IBFD fpuetlSAF CANCELLED NWORETNE E PIRAYidi CITY OF DELRAY BEACH. DATEtM3 OF .TNSrssu%NGINMMRwcLLUNDEAvORYoL iL 30 _ wTa Y+RrTTlN 100 ,NW 16t AVENUE HGITCEYG IHE GFKiLE GAS HOLDER NRKE4TO FF 6LEFf, BII iA LUNG TO LOfP SFWi DELRAY BEAC1?A, FL 33444 a cw NO GWSGAMIR OR LLW ITY Cs AW HIND UPON THEMCUacG, rIG AGeNTS OR REPAru-NuTwes, ALmroMrtG Rp.I,ES�,rTAmrE ACORD Z5 G3001A8] OACpRD CORPgRATIOFI tiJBB RID No. 2014 -3I '1 Innis Court Resurfacing (DB Swint & 'I'Conis Center & Dclray Tennis Center) I IN IMPORTANT It the ce ificate t5older Is are ADDITIONAL 4NSLJRED, the pofiWfies) murA be endomd. A staternenl on this CEiilffc;Pie doP-s tilt c>nfar rJUhts to the-oaffr -ate holder in riw of wah endcxmrnant{s), If $lrsBRCGA'nO d IS WAVED. s!Ubjed to W eernes ared corlMOM of ft p04W, Cetialn pOl[Cks may regLire are endarserrlent. A statement w this mtficate does not confer rights to the ce- rtificate holder In lieu of such eredorserrter� # {sj. DISCLAIMER The Gef&aba, off trtsuranm an ft reverse sine d 91-1r, form dow riot consUkrte a contvc't biers the &sstrinrg insurar(s), authodziW replewtatt et Qf producer, and the reetificate holder, nw ideas it af%trmativeiy or ne{gadv* "end, exL nd or after the CGVO 3ga -aft-fded byt t4s pofides flsW tfgaMCn- 1311? No, 21:114 -31 Tennis Court Rtsurrtlein0 (I )R Swim T'd[![IiS Center & f)ehay "I enitis Center} T ,� POLICY HUMBER: COMMERCIAL GENERAI. LIABIf.3TY CG 20 26 07 as THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED W- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies fnsumnce provided under tie following: .CQMMJ =RCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addiffonal ;nsured Person(sl Or Or anixatlart s Information recrulred to complete this Sched& If not shown above, will lob shown In the Declarallons. Section it — Who Is An insured Is amended to In- ckide as an additional Insured the person(s) or organf- aaUon(s) shown In tho Schedule, but only with respect to Ilability for #Modify injury', "property damage" or "personal and advertising Injury" "usod, In whole or In part, by your acts or omissions or the acts or omis- slons of those acting on your behalf; A. In the performance of your ongoing operations; or 8. In conneMon vvfth your premises owned by or rented to you. BID icier. 2 014-3, I Ennis COW-1 Itc infacin (t)13 5. +im L, l'emdi - Cumter & DeIroy I'em ik { rnttrl ac STANDARD FORM OF AQREEMENV BEVWEEN CITY AND CONVRACTOR THIS AGREEMENT made this day of , 2414, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WtTHESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 _ 2 Table of Contents 3 General Conditions, Instructions and Information 4 - g Indemnity /Hold Harmless Agreement g Cone of Silence 10 Drug Free Work Place Certification 11 Insurance Requirements 12 Insurance form Samples 13-15 Standard Form of Agreement 16-21 Corporate Acknowledgment 22 Certificate (If Corporation) 23 Specifications 24-95 Schedule of Pricing 26.27 Professional References 28 Bid Signature Form 29 Statement of No Bid 30 Attachment "A" 31 i_ Ilr Nv ,rt 1 + :; I 1-crinis C ours h : +.e ^foci E_ ; Addenda numbers I to 1 inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 133444 As to CONTRACTOR: _J- 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 1311) Nn. 2014 -3t ']'cnliis Court ReSUI "ILing (r31i wwim & Tennis Center & Delray Tcnf%is Center) 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees, CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR. his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes ail costs and fees including attorney's fees and costs at trial and appellate levels. 1311) Nu. ?U 14 -31 iimyis Court Rcsurflicing (DH Swim &'I ennis Uciacr & D-cinn Tcttuis (�ntcr) 1 n The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. PUBLIC RECORDS LAMS; CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cast, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) it CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 1311) o. 2014 -31 tennis Cour; 12esur4;icin (D13 51rim & Ienatis Cenicr ck DcIroy -1 enni; C'mer) in 12. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE NIAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ( "Force Majeure "). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. BID No. 2014 1 Tennis Court Kean'LL:in, {1) 1 m & I entaiS Ce ;urr ti l7cIrav Tennis CCnter} �n IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written, ATTEST. City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA Cary D_ Gfickstein, Mayor CONTRACTOR. (Print or type name and title) (SEAL) RIDNo. 2014 -31 Ternis C'nurr Rcsurfacing CDR Swim & T,;nnis Center & Delray € znuls ('enter) STATE OF 1d� COUNTY of d The foregoing instrument was acknowledged before me this day of U � , 20 by ftg�S .oilo b5 (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. Hel84:Le is (personally known to me) (or has produced identification) and has used his1heer Ffo +C� Lc _ (type of identification) as identification. Ignature of Person Taking Acknowledgment ;��;:;;oy�' JAMES G1ANhfU7l1 *_ My coMMISSVON # EE 649280 1 EXPJRES: March 6, 2017 Af, B6rde67hruNarmyPUGiicUndenwrlers Name of Acknoweedger Typed, Printed or Stamped BID No. 2014-31 Tcmiis Court Re;urfae',ng (.DID Swint & Tennis Center & Delray Tennis Comer) CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) EREBY CERTIFY that a meeting of the Board of Directors of �> . "•t '� a corporation under the laws of the State of held on _Wij� .� i_ 20.a�� the following resolution was duly passed and adopted: "RESOLVED", that f ��f =. r,i .a1.� as President of the corporation, he /slag is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this i day of 20 f -: ( Secretary) (Seal) BID No. 2014 -31 Tennis Cflurr Re,;m acing MB 'Swim & Tennis Center & DehraiN Tennis Ccrar) CITY OF DELRAY SPECIFICATIONS BID No. 2094 -v TENNIS COURT RESURFACING (DELRAY BEACH $WIN A TENNIS CENTER AND DELRAY TENNIS CENTER) 1. PURPOSE: The purpose and intent of for this "Invitation to Bid" is to establish a firm price for tennis court resurfacing of seven (7) Har -Tur clay courts at Delray Beach Swim & Tennis, 2350 Jaeger Dr_ Delray Beach, FL 33444 and slx (6) Hydroblend clay courts at Delray Tennis Center, 201 W. Atlantic Avenue Delray Beach, FL 33444. Bidders with low standards for either service or workmanship will be judged to be non- responsible and their bids non- responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described therein. 2. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given to award the successful Bidder by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. 3. AREAS TO BE RESURFACED a. Delray Beach Swim & Tennis — 2350 Jaeger Dr. Defray Beach, FL 33444 b Delray Tennis Center - 201 W. Atlantic Avenue Delray Beach, FL 33444 4. FIRM PRICE: The City requires a firm price required; no price range will be accepted 5. GENERAL I SPECIAL CONDITIONS: In the event of conflict between General Conditions and Special Conditions, the provision of the Special Condition shall have precedence. 6. COMPETENCY OF BIDDERS: Bids will be considered only from firms that are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment' and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. 7 VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work -hours and after - hours, weekends, and holidays must be identified. S. BACKGROUND INFORMATION. The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, includirg past performance (experience) with the Cily 9. DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications The date of termination shall be stated in the notice. City shall be sole judge of non - performance. BID No. 201.1 -3 1 I'enctis C Curl Resurfacing (D 11 ti ins S I dais Center & DOray I cnnis Center) ^t n 10. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a default as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City 11. REJECTION OF IRREGULAR PROPOSALS: Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bids. 12. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. 11 CAPACITY: Vendors must have the capability to perform contracted servicers or. a timely basis and with proper equipment and supervision. Vendor must adhere to procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. 14. BID SUBMITTALS: Xi Bids must be submitted on the attached "Bid Form ", SCHEDULE OF PRICING. TOTAL SID PRICE SHALL INCLUDE ALL THE LOCATIONS AS LISTED. 15. INFORMATION: For information regarding the submission of this RFP, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach at (561) 243 - 716117163. Any technical questions regarding maintenance areas and service listed relative to this bid should be submitted in writing via email: nadal rn delra beach.corn or fax _f561) 243 -7166 and wilt be addressed or answered in the form of an addendum. 16. JOINT BIDDING CO- OPERATIVE PURCHASING AGREEMENTS: State on Bid Form if you will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. 17. BILLING: Vendor shall submit a monthly invoice the first of each month, itemizing all hours performed the previous month. 18. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a convicting for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. CLAY COURT RENOVATION. Must provide appropriate Palm Beach County Tennis Court Contractors License and Insurance with the bid submittal. No more than 5 courts can be taken out of play at any given point during construction, Job must be completed within 1j411J@9J days of bid being awarded. This applies to both facilities. 5 1D Na. 2fll t -i I Ienais ('<3urz R. >trrt.eizF M11 Swim & I'ritnis Ccm%E T & Delrx.\ I'cnnis Center) �c SCHEDULE OF PRICIW, BID No* 2414 -11 TENNIS COURT MIRSMFACIN6 4DRLRAV 011ACN SW I, �r _�u?iI� AND DELRAV TENNU CIENTFJR) THE BID NUMBER REFERENCED ABOVE MUST APPEAR ON ALL BID'S AND RELATED CORRESPONDENCE. THIS IS NOT AN ORDER. THIS INQUIRY IMPLIES HO OBLIGATION ON THE PART OF THE CITY OF DELRAY. CHANGES OR SUGGESTIONS OFFERING COST ECONOMIES ARE SOLICITED. �sr�. k��Yz�tsNyr�E�cs :�kc�r�e�SYIrsY ��e�'. ��4r�lr�stisrir�r�r��r� :�r�r3r:✓; �Jr��e�'k��k* fe:k�N�� *�dcsi��k�iri.� �r�1c�c All prices are per episode; do not Ove a price range. A. Delray Beach Swim & Tennis Club Re surfaco semen (7) clay courts, 2350 Jaeger Dr., Delray Beach, FL 33444 v Clean Surface Remove old lines and nails ➢ Deep Scarification of surface 312 " > Apply 3 tons of new surface material per court using laser guided grading equipment to help re- establish and maintain the precise court slope and optimal surface depth r Install new herringbone style lines tapes secured with aluminum nails to USTA specifications Re -Paint net posts Courts to be watered and rolled to a playable firmness Y All wastes will be hauled away by vendor upon completion of work � .lob cost to include all materials and labor U � ' ' A. Cost B. Delray Beach Tennis Center Re- surface six (6) clay courts, Delray Tennis Center - 201 W. Atlantic Avenue Delray Beach, FL 33444 Clean Surface > Clean Surface > Remove old lines and nails m Deep Scarification of surface 112 " Apply 3 tons of new - surface material per court using laser guided grading equipment to help re- establish and maintain the precise court slope and optimal surface depth Install new herringbone style lines tapes secured with aluminum nails to USTA specifications i= Re -Paint net posts > Courts to be watered and roiled to a playable firmness All wastes will be hauled away by vendor upon completion of work Job cost to include all materials and labor ! iL Cost $ 1111) No. _01.4.31 I'c:nniy Court Resurfacing TennicC'cn[cr& Delray TowisC'enial D. Additional Clay (if required) per torn: f u $'c=� �o .4 per ton-'- v Additional Information or Charges /Cost: 51 is us ad ► ;,r( JOINT BIDDING, CO- OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Gove mental agencies? IEn Yes ❑ No Vendor: 3 k o l' I [ill) ho. 201.1 -31 Tewlis Court Resurfacing (DB Swim & Tennis Center & Delray Tennis ['enter) 1-1-1 PROFESSNON L REFERENCES MOM VCOMP Qtt thig p09e at attaeh your reference page 49 tlhit Sheol. DID M0.1614-31 TENNIS COURT RESURFACING (DELRAY BEACH SWIM & TENNIS CENTER AND DKLRAV iEWN12 CENTRIMN A enc ICom an e- Address C. 3u ^J ,j Cit ,State, Zi f Contact Person Contact Person rG:_ Telephone Date(s) of Service Date(s) of Service 1 1 �/" "` ��+ C- Type of Service a+ ZILI, ►,v f.`.�• r �G� t�1 /S 4�?: ��C Comments: Telephone Agency/Company l �4Q71 C- 14?4e J Lt; : 1 _ r �- �' r • Address City, State, Zip �r " € ¢- f �S ICJ Contact Person rG:_ Telephone Date(s) of Service Type of Service yve Comments: ie R enc lCam an Address &r.2 Z t City, State, Zip Contact Person Telephone Dates of Service Type of Service Comments: Y €3117 Noy 2014 -31 Tennis Court Resurfacing (DB Swim & Tennis Center & Delray Tennis Center) nn MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 8.I.2 - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 PURCHASE AWARD/ GARBER CHEVROLET BACKGROUND Each year the Fleet Maintenance Division evaluates the City's fleet of vehicles and makes recommendations for the purchase of replacement vehicles in accordance with the City's Capital Improvement Plan (CIP). The Fleet Maintenance Department is proposing the replacement of two (2) vehicles that have exceeded their life expectancy, reached life -to -date repair costs at or beyond 100% of their original cost, and have accrued excessive mileage, beyond 100,000 miles. These vehicle replacements will cut repair costs that are quickly beginning to accelerate with age, engine hours, and mileage. Newer, more fuel efficient vehicles will provide reduction in fuel costs, reduction in exhaust emissions, and reduction in repair /maintenance costs to the City. City Commission is being requested to authorize purchase of replacement vehicles as outlined. The Florida Sheriff's Association has published an annual vehicle contract since November 1993, and is widely recognized as a competitive pricing contract utilized by municipalities and counties throughout the state of Florida. The Sheriff's Association employs a website based application for other governmental entities to utilize. Through the site's browser, all pertinent contracts, addendums, and supplemental rollover contracts are viewable in pdf. format. The current year contract #13 -21 -0904, valid until September 30, 2014, is comprised of 1,042 pages, and 58 different vehicle specifications. There are twenty different car and truck dealers that have been awarded various specifications within the contract, and the state of Florida is divided into four separate zones (north, south, central, and western). Each zone is awarded separately by bid; some specifications may be awarded to a single dealer in all four zones, while other specifications may be awarded to a single dealer, depending on the bid process. The outlined vehicle purchases are from the Florida Sheriff's Association Contract #13 -21 -0904, specification #8 awarded to Garber Chevrolet. Utilizing southern pricing, the base price is $18,106 each, and with extended warranty, temporary tag and third key, a total of $20,103 each. Dealer quote and letter ensuring lowest available pricing is included. These vehicle purchases, being from the Florida Sheriff's Association Contract #13 -21 -0904, meets with the requirements of the City Attorney's Office and City Code of Ordinances Chapter 36, Section 36 -02, (C) (7) (a). FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION City Commission is being requested to approve the purchase of two (2) vehicles from Garber Chevrolet at a cost of $20,103 each, for a total award in the amount of $40,206. TIMING OF THE REQUEST Due to being later in the contract term, the ordering close out date is rapidly approaching; timing is essential to receive approval for these vehicle purchases, so that orders can be placed prior to vehicle model being closed out for the model year. FUNDING SOURCE Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment /Automotive). RECOMMENDATION The Fleet Maintenance Department recommends approval of the replacement vehicle purchases. 0 U X00000000000 0 U �1J ANNOUNCEMENT 1 3mw2 1 aw0904 Effective Dates: October I, 2013- September- 30, 2014 POLICE RATED VEHICLES/ MOTORCYCLES, SEDANS & LIGHT TRUCKS Participating Sheriffs Offices & Local Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association & Florida Association of Counties FLORIDA ASSO CI ATJON OF COUNTIES All About Florida �."'7+ FA` # r; �, FLORIDA �sscKttrit��[�t3p� COUNTIES Ait About norida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES FULL SIZE 4 -DOOR ADMINISTRATIVE VEHICLES SPECIFICATION #8 2014 Chevrolet Impala Limited (1WF19) The Chevrolet Impala Limitcd (lWF 19) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and ESA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: *Western *Northern * Central * Southern BASEPRiCE: $18,106.00 $18,106.00 $18,106.00 $18,106.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehiele(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicles) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (I3- 2I- 0904) 147 VEHICLE: Impala Linlited (Il 119) DEALER: Garber Chevrolet Buick. Garber Chevrolet Buick Garber Chevrolet Buick Garber Chevrolet Buick GMC Truck GMC Truck GMC Truck GMC Truck ZONE: * Westem *Northern *Central * S outhem BASE PRICE; 518,106.00 $18,106.00 $18,106.00 $18,106.00 Order Code Delete Options All Zones ULO -D 1 On -Star I NC Order Code Add Options All zones Please refer to Part E -- Emergency Vehicle Lighting Specifications for lighthar descriptions and the awarded dealer pricing. IWG19 /LT I AN3 I 3K I LHSI VVS ' BUA ' BUCI PIN/EDGE 1 Engine upgrade - specity Engine upgrade - specify CNG model - specify Bi -fuel model -- specify CNG conversion (discuss with dealer) LPG conversion (discuss with dealer) Vehicle upgrade package - specify LTPreferred EOuipmew Group I Seat trial upgrade - specify Seat, Fron! 40110%10 Split -Bench with Cloth 1 AWD Remote start system huhrded and Only Available with 11i'G19 1 Side air protection ANI&M radio with single CD Third key Keyless entry Left -hand pillar mounted 6" spotlight with clear halogen bulb Vent visors - stick -on style Rainshields - flange style Backup alarm, factory installed Backup alarm, dealer installed Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear of vehicle) - factory installed Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear of vehicle) - dealer installed Full size spare tire and rim Pin stripes /door edge guard Body side moldings Class I hitch and rec., dealer installed NA NA NA Std NA NA $1,008.001 $193.00' NA NA I Std Std $76.00' Std $416.00' $96.00' NA NA $98.001 NA $436.00' NA $136.00' Std NA'' Bid Award Announcement (I3 -21 -0904) 148 VEHICLE: Unpala United (IWF' 19) $496.00' Nitrogen filled tires including spare tire DEALER: Garber Chevrolet Buick Garner Chevrolet Buick Garner Chevrolet Buick Garber Chevrolet Buick Immobilize daytime running lights GMC Truck GMC Truck GMC Truck GMC Truck ZONE: * LL'estern * Nortbern *Central *Southern BASE PRICE: $18,106.00 $18,106.00 518,106.00 $18,106.00 TOW 1 Class III hitch and rec., dealer installed $496.00' Nitrogen filled tires including spare tire NA Daytime running lights Std Immobilize daytime running lights NA VK3 1 Front license bracket $13.00' AM9 1 Optional equipment - spccify $293.001 Rear Flip & Fold Flat Seal D81 1 Optional equipment - specify I 5273.001 Rear Spoiler K05 1 Optional equipment - spccif , $73.00''. Engine Black Healer I W21) 1 Optional equipment - specify Cargo A'et 1 $58.0011 , Optional equipment - specify NA Labor rate per hour TEMPTAG 1 Temporary tag $75.00 56.001 TRANS Transfer existing registration (must provide tag number) $100,00 TAG 1 New state tag (specify state, county, city, sheriff, etc.) $129.101 \Iainntenance Plan - specify NA Maintenance Plan - specify NA Maintenance Plan - specify NA 5Y75K 1 Warranty - specify $1,495.001 5 Year /7S, 000 Afile Afajor Girard 30 Deductible Firarrairty I 5Y100K 1 Warranty - specify 1.5 $1,915.001 Year /100,000'file Major Guard $0 Deductible Man'auty I Warranty - specify ( NA Bid Award Announcement (I3- 2I- 0904) 149 BER FLEET SAS ® OMC, Jeep suit¢ 6/26/2014 City of Delray Beach Attn: Kevin Rumell rumell(a)mvdelravbeach.com (561) 243 -7333 City of De&ay Beach Garber Chevrolet Buick GMC Truck Ryan Davis (904) 264 -2442 ext.2350 FAX. (904) 284 -0054 3340 Hwy 17 Green Cove Springs, FL 32043 rdavisftarberautomall.com rkJ JrrrJ �-- 'II0 '�I��Jy}JJ J :J `J Prices are published by the Florida Sheriffs Association. r]JJ J JJ ,1 rJJA (https://www.flsheriffs.org/ our_ program / purchasing_ programs /cooperative - fleet -bid- awards/). Purchasing contract number is 13 -21 -0904, expiring September 30th, 2014 for — Police Rated Vehicles /Motorcycles, Sedans & Light Trucks. If you have any questions regarding this quote please call! 1 FL LS PREFERRED EQUIPMENT GROUP LFX ENGINE, 3.61, SIDIDOHC V6 VVT MXO TRANSMISSION, 6 -SPEED AUTOMATIC AR9 SEATS, FRONT BUCKET 19C EBONY, CLOTH SEAT TRIM U 1 C AUDIO SYSTEM, AM/FM STEREO WITH CD PLAYER LIEO ONSTAR DELETE 3K THIRD KEY 5Y100K 5 YEAR / IOOK MILE MAJOR GUARD $0 DEDUCTIBLE WARRANTY TEMPTAG TEMPORARY TAG DEL DELIVERY Exterior Colors: 2 x (50U) Summit White Included Included Included Included Included Included Included 76 1915 6 Included $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $76.00 $1,915.00 $6.00 $0.00 6/26/2014322 PM Delray Beach Impala Ltd LS Proposal 6 -26 -14 Wednesday, July 16, 2014 Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Dear Kevin, This letter is intended to confirm that the pricing offered the City of Delray Beach by Garber Chevrolet Buick GMC Truck on the 2014 Chevrolet Impala Limited LS Fleet vehicle is the lowest price available to any governmental entity in the State of Florida. The pricing is established in the Florida Sheriff's Association contract #13 -21 -0904 and is effective until September 30, 2014, Please feel free to contact me if I can answer any questions or provide any additional information. Thank you, Ryan Davis Commercial Sales /Fleet Representative — Garber Automail 3340 Highway 17 Green Cove Springs, FL 32043 Ofc — (904) 254 -2442 ext.2350 rdavis @garberautomall.com MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 APPEAL OF SITE PLAN REVIEW APPEARANCE BOARD'S DECISION: G. SQUARED VENTURES,LLC. BACKGROUND The action requested of the City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's (SPRAB) denial of a color change for a commercial establishment located at 98 SE 6th Avenue (G. Squared Ventures LLC). This request is being processed pursuant to LDR Section 2.4.7 (E) [Appeals]. The subject property is located at the northwest corner of SE 6th Avenue and SE 1St Street, measures 0.26 acres and was built in 1984. The applicant submitted a color change for the commercial establishment located at 98 SE 6th Avenue (G. Squared Ventures LLC.), to change the color of the building from pink walls and light beige parapet to yellow /mustard walls, with light grey color for the columns, banding and roof canopy. The circles shown on the elevations (see Exhibit #1) will be painted with a darker yellow /mustard color and the inner part of the circles in a lighter yellow. At its meeting of April 23, 2014, the Site Plan Review and Appearance Board (SPRAB) reviewed and postponed the color change and recommended the applicant tone down the yellow mustard color and consider eliminating the proposed circles displayed on the building elevations. On May 14, 2014, the applicant resubmitted the color change request for reconsideration by SPRAB. The applicant toned down the color (as reflected in Exhibit #2) but kept the proposed circles that advertised the number "98" which is the address of the business. The Board reconsidered and reviewed the color change request again and postponed it for a second time with the recommendation to eliminate the circle features. The Board also recommended the applicant not paint the existing roof canopy with a grey color but instead, to keep the existing color of the barrel tile. On June 11, 2014, the applicant resubmitted the color change for a third time eliminating the circle features, toned down the yellow mustard color replacing it with a more subdued light yellow color, but maintained the gray color on the barrel tile of the roof canopy (see Exhibit #3). After a long discussion, the Board denied the color change on a 3 -2 vote (Jose Aguila and James Knight in favor of the request and Rustem Kuppi, Terra Spero, and Alice Finst against the color change request). Appeal: On June 24, 2014, Gavin Robin (G- Squared) filed an appeal with the City Clerk's office. The appeal lists the following (verbatim) grounds for overturning the SPRAB denial: "Unfortunately, we believe our attempts to have the city's Site Plan Review and Appearance Board approve our plans have been derailed by several members of that board with competitive antipathy toward both our architect and our agency who have failed to recuse themselves from the approval of the color change submitted. We understand that while not everyone's tastes are the same, we fully believe that our color and design choices will neither hinder nor offend our neighbors in any way. In fact, we have changed the exterior colors, design and look and feel of the building in four presentations to meet the Board's requirements. Our move to downtown Delray is intended to raise our profile as an agency, allowing us to better entice both national and international clients to our agency, and in turn, to the greater Delray area. Our desire to embody our brand - to embrace the unique expressiveness and originality that also define downtown Delray - is utterly crucial to that effort, and has played into every significant decision the agency has made in planning our move ". The relief being sought is to uphold the appeal and approve the color change submitted for the G- Squared building located at 98 SE 6th Avenue. The appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. Review by Others: At its meeting of June 11, 2014, the Site Plan Review and Appearance Board ( SPRAB) denied the requested color change on a 3 to 2 vote (Jose Aguila and James Knight in favor of the request and Rustem Kuppi, Terra Spero, and Alice Finst against the color change request). The Board followed the established quasi-judicial procedures in considering the project. Members of the public spoke in favor of the color change request. Board members also discussed concerns regarding the proposed circle features on the elevations and the need to preserve the barrel tile roof, in addition to the compatibility of the proposed colors with adjacent buildings. After deliberation, SPRAB denied the color change requested for the G- Squared building located at 98 SE 6th Avenue. RECOMMENDATION The Planning & Zoning Department recommends City Commission discretion. CITY CLERK CITY OF DELRAY BEACH FLORIDA 16 June 2014 Re: G Squared Ventures Mr. Gavin Robin 98 SE 6t" Avenue Delray Beach, FL 33483 RECEIVE JUN 2 4 2014 CITY CLERK Appeal of the denial of proposal by the "Site Plan Review and Appearance Board" on June 11, 2014 Dear Sir /Madam, Thank you for your attention. We are applying for an appeal and requesting your consideration based on the evidence and testimony (which we will supply) in reference to our desire to change the color of the exterior of our new business offices at 98 SE 6th Avenue. We are a high -end boutique advertising agency with a 20 -year history, and have spent much of the past two decades establishing ourselves not only as the area's premier brand development agency, but also as an important part of Delray Beach commerce. We understand how crucial branding is in representing our clients and use the same concepts in positioning ourselves and our own brand as well. Unfortunately, we believe our attempts to have the city's Site Plan Review and Appearance Board approve our plans have been derailed by several members of that board with competitive antipathy toward both our architect and our agency who have failed to recuse themselves from the approval process. IAMN G111 ninety eight southeast sixth avenue delray beach, fl 33483 561 266 0127 dgcg.us N 2 4 2014 T Y CLEF` We understand that while not everyone's tastes are the same, we fully believe that our color and design choices will neither hinder nor offend our neighbors in any way. In fact, we have changed the exterior colours, design and look and feel of the building in four presentations to meet the board's requirements. Our move to downtown Delray is intended to raise our profile as an agency, allowing us to better entice both national and international clients to our agency, and in turn, to the greater Delray area. Our desire to embody our brand — to embrace the unique expressiveness and originality that also define downtown Delray — is utterly crucial to that effort, and has played into every significant decision the agency has made in planning our move. Yet it is not only our agency that will benefit. By boldly positioning ourselves within the blossoming downtown landscape, dg intends to raise the stature of the area as well, adding to the sense that Delray is precisely the kind of sophisticated yet underrated cosmopolis that would serve as home to businesses such as ours. To this end, the exterior color scheme of our building is extremely important for us and our brand, our image and future business, just as it is in creating a landmark presence in the Downtown Delray area. It is therefore that we request you welcome our appeal and grant us our plea in painting the exterior of our building, the building number and its roof tiles to facilitate our future endeavors. Thank you for your time and consideration. If you have any questions or concerns, please do not hesitate to contact Gavin Robin. mbly yours, President / CEO m�Cq 02 CAO 6---J .. tS mo" lfneIk S(I-31 my Ic�T-16 NAMN Gill ninety eight southeast sixth avenue delray beach, fl 33483 561 266 0127 dgcg.us EXHIBIT # 1 98 SE 6 "' Avenue G. Squared Building a �..... w! kill 1 !. L' 4 e I 'I 3 ®� w 41� _ - VGNOI� H 'DdK),Vd-9a dnN ]AV H191Sd5HlnOS 86 I�QOI�i�2I IdI�2I�I�IY�IO� dnoiB suoitowuntmoo Op o; o - Cl Ou r ^^ l W �1uTW 1� I �W i PLO O 1� O r ^`J l W r ^W v W �W v 1^O 1� rt 'dal2J0ld H�lvlq xvd77 a �nNIAV H191SVIHInOS 86 d dnoifi suopmunwwoo m p LL O l) Z u � u O W 1� W r� rW rW ^O^ O n� 1� �I MiiL z 0 H w w x H x 0 Q W O a O a a 7 p LL ix w LL W z > pW S W a 11 9 O 0 - LL O i I w �I MiiL z 0 H w w x H x 0 Q W O a O a a 7 - e I., NN I k r. I EXHIBIT # 2 98 SE 6 "' Avenue G. Squared Building COLOR SAMPLES/FINISHES SCHEDULE Please note type of material proposed ATTACH SAMPLES ROOF AWNING COLUMNS d _ _ I OTHE INDICATE FINISH TYPE (Flat, Gloss etc): fL� ATTACH SAMPLES SUBMIT EIGHT COPIES OF A PHOTOGRAPH(S) OF THE STREETSCAPE VIEW(S) OF THE SUBJECT SITE AND THE BUILDINGS IMMEDIATELY ADJACENT TO IT. AFFIX EIGHT COPIES OF A PHOTOGRAPH OF BUILDING WITH PROPOSED COLORS TO APPLICATION -3- L� as i � M > FM m m - i Z � x W � W Cl) a to Cl) C� IM 1 look �• � T "P ? TDO L 4 -_L V. 'i y LL ®�JJI i. r > i �f1N�!`,d Hl9 1SH3F- 1f10S 86 r - TIQOW'dd IVID -E MIXOD dnoa6 suoijuoiunwtuoo p a O 1� Wl I� W O 1� W C/�) F+y O a O MLL C� Wl I� LW L� W I� W ^O^ 1� O/ U F� � o o � g � I O 1� Wl I� W O 1� W C/�) F+y O a O MLL C� Wl I� LW L� W I� W ^O^ 1� O/ U F� � H(' Md'H -)VII AVM A73C1 6A ]AH H19 1S'd3HUIM 86 _ • o3 �E_ ��< �� dpi dnoa6 suoitDoiunwwoo p g g� sa I O w w w Q w �l1 O O a o a LL, o alb ��w LL� O w w w O Q w UO O a O a Bf "ll-EWLT-11 A R C H I T E C T U RE 85 S. E. 4TH AVENUE DELRAY BEACH, FL 33483 PHONE: 561.272.7301 FAX: 561.272.3722 LICENSE N0. AR0013954 BREWERARCHITECTURE.COM APR 16 2014i�� PLANNING & ZONINIG �%s� �c_O� . 1/v�►�� GlILGLL`� G IrZLL� �-w� �' C o � N 2899 MS 9699 MS 1699 MS 66 /A /0-A O1 /J/OA 9 /J /0A �%s� �c_O� . 1/v�►�� GlILGLL`� G IrZLL� �-w� �' C 11 . . . . . . . . . . . Vi FL a en, zip IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 98 SE 6t" Avenue has come before the City Commission on August 5, 2014 2. The Appellant, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of a color change application for the building located at 98 SE 6t" Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I below. LDR PROVISIONS A. LDR Requirements: The minimum requirements for building color are expressed in LDR Section 4.6.18(A) and (B). Pursuant to 4.6.18(B): (3) All facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. (4) To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. B. LDR Criteria: Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered in the review of color change applications. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the requirements of LDR Section 4.6.18(E) been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original color change application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 5th day of August, 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Cary D. Glickstein, Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Service Director THROUGH: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 IN -LIEU OF PARKING FEE REQUEST/ MINDFUL MANAGEMENT BACKGROUND Mindful Management, located at 280 -290 NE 2nd Avenue (Pineapple Grove Way), has submitted a Class V site plan modification for the conversion of residential to office use. The proposal includes the reduction of 199 square feet from the 1,632 sq. ft. building to the south to provide an open air entry, and an addition of 280 square feet to the 1,300 sq. ft. building to the north by enclosing a carport, resulting in a total of 3,013 square feet. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires the provision of parking spaces for expansions or changes of use. The parking required for office use is 4 spaces per 1,000 square feet of floor area up to the first 3,000 feet. The proposed conversion of use requires 12 spaces, (3,013/1,000x4 =12). Given site constraints only 10 spaces can be provided, resulting in a 2 -space deficiency. LDR Section 4.6.9(E)(3) empowers the City Commission to approve the payment of a fee in -lieu of providing required parking spaces if they are impossible or inappropriate to provide, and there is no elimination of existing parking. Given the confines of the property, it is impossible to provide all 12 spaces. Therefore, the applicant is requesting the purchase of two (2) in -lieu spaces, at a cost of $7,800 per space, totaling $15,600, to be paid in full upon issuance of a building permit. To date, approximately 40 spaces have been sold in Area 3. The construction of the Old School Square Garage resulted in an additional 360 spaces, bringing the total number of spaces in Area 3 to 1,155. It is noted, through the reconfiguration of the adjacent right -of -way on NE 2nd Avenue, the project provides one (1) new on- street parking space, in accordance with LDR Section 4.6.9(E)(3). Although the code goes on to provide a 50% credit for new parking spaces constructed in the right -of -way, spaces resulting in a fraction are rounded down providing no relief in the amount of fees due. Comprehensive Plan Policy C -4.1 of the Future Land Use Element encourages the rehabilitation and revitalization of the CBD (Central Business District) through several means, one being the accommodation of parking through innovative actions such as the In -Lieu of Parking Program. Given the relatively small office, and on- street parking in proximity of the site, staff is confident the approval of the 2- spaces will not have a negative impact on the surrounding neighborhood. Furthermore, retaining the existing structures is benefit to the community. Through the Planning & Zoning site plan modification process the Community Redevelopment Agency, Downtown Development Authority, and Pineapple Grove Main Street Board, at their respective meetings, recommended approval of the project contingent upon resolving the parking deficiency. The Parking Management Advisory Board, at its meeting of June 17, 2014, recommended approval of the request, as presented, in the preceding staff report. FINANCIAL DEPARTMENT REVIEW Finance recommends approval at whatever in -lieu rate is in effect on the effective date of the agreement with the applicant. DISCUSSION The item before City Commission is to approve a request from Mindful Management for the purchase of two (2) in -lieu of parking spaces at a cost of $7,800 each totaling $15,600, to be paid in full upon issuance of a building permit. TIMING OF THE REOUEST This item is time sensitive as the applicant has been going through the site plan approval process and is ready to go before the Site Plan Review and Appearance Board. Delays in the process could prove costly to the applicant and possibly jeopardize completion of the project. RECOMMENDATION By motion, approve the request from Mindful Management for the purchase of two (2) in -lieu parking spaces at a cost of $15,600, to be paid in full upon issuance of a building permit, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. .ISO SNOISIA3N � � � ZSSf Ip ONtl SNV_1d'dOMA 31ISOdHO w.a VOI21O_H 'HOVHB PdXMG 1 AVM 3A01E) 3lddV3Nld G6Z /OHZ °a 1N9W9DVNVW inj(]NIW,, 'JNI 'S1J31IHDdV3dOJ p o Q ) oK a evog g - - - - 7 - - - -• -•- - •- •- • - - - - -- � - -• --- ❑ O O � ., I I I� ,, 00 — � 000 � II II - � ❑�� II II � O1 �r J I � � Ll 1 Lu I I I - - I w as I �D3! g O I I El 1 I 1 � I �Q -- *+ I -'f 1 1 1 I D D IID �IID OIID 011 D D � �� 11 O C-:-3 c� 1 1 _ O O O O O 40 ,q or i Lilly Ln > uj .;,w. -ow, 4, 40 ,q or i Lilly Ln IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR MINDFUL MANAGEMENT LLC 1. This in lieu parking fee request for the purchase of two (2) parking spaces in -lieu has come before the City Commission on August 5, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Mindful Management LLC. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 2 parking spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is $7,800.00 per space totaling $15,600.00. Payment is due upon issuance of a building permit. I re 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of August, 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 21, 2014 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 SETTLEMENT, RELEASE AND NON - DISCLOSURE AGREEMENTNINCENT GRAY BACKGROUND During the public portion of the discussions regarding Gray v. City of Delray Beach which followed the closed attorney client session, the City Commission approved, in concept, a settlement of the litigation with respect to the Plaintiff, Vincent Gray. The material terms of the Settlement are as follows: 1. Payment in the amount of $225,000 by the City for the settlement of all claims by Plaintiff, including attorney's fees and costs. 2. Promotion of Plaintiff to the rank of Lieutenant by October 1, 2014. 3. The Plaintiff may not disclose, discuss, publicize, or initiate any discussion, regarding any of the terms and conditions of the settlement (except as may be required to report income to taxing authorities, as required by law or subpoena, and except to disclose the promotion to lieutenant following the formal announcement by City). Any violation by the Plaintiff of the non - disclosure obligations shall be subject to liquidated damages in the amount of $2,500 per violation, actual damages, and injunctive relief. 4. The Plaintiff and City each release each other from all claims. 5. Dismissal of the action, with prejudice. The proposed Settlement, Release and Non - Disclosure Agreement attached to this agenda item provides the detailed and definitive terms for implementing the settlement as generally described above. DISCUSSION Commission is requested to consider the Settlement, Release and Non - Disclosure Agreement. TIMING OF THE REQUEST This item is time sensitive. RECOMMENDATION The City Attorney and City Manager recommend approval of the Settlement Agreement. SETTLEMENT, RELEASE AND NON - DISCLOSURE AGREEMENT THIS SETTLEMENT, RELEASE AND NON - DISCLOSURE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between Vincent Gray (hereinafter referred to as "Plaintiff'), and the City of Delray Beach (which shall collectively include its current and former elected officials, managers, employees, agents, representatives, attorneys, fiduciaries, and/or administrators, in both their individual and official capacities) and Anthony Strianese (hereinafter collectively referred to as "Defendants "). WITNESSETH: WHEREAS, Plaintiff filed a civil action against Defendants in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, to which case number 2010 - CA- 030359XXXX MB /AG was assigned (hereinafter referred to as the "civil action "), and in which Plaintiff alleged various claims, including claims under Section 112.3187, Florida Statutes. WHEREAS, Defendants deny Plaintiff s claims; WHEREAS, Plaintiff and Defendants desire to avoid incurring further costs of litigation, and seek to resolve all matters in controversy, disputes, and causes of action between them in an amicable fashion; WHEREAS, Plaintiff and Defendants have reached a full and final compromise and settlement of all matters, causes of action, claims and contentions between them; and WHEREAS, Plaintiff acknowledges that any payment received pursuant to this Agreement constitutes consideration which he would not otherwise be entitled to receive from Defendants. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: 1. This Agreement, and compliance with this Agreement, shall not be construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation of the rights of Plaintiff or any other person, or of any violation of any order, law, statute, regulation, duty, or contract, or any act of discrimination or retaliation whatsoever against Plaintiff or any other person, and Defendants specifically disclaim any liability to, or discrimination or retaliation against Plaintiff or any other person, and any alleged violation of any rights of Plaintiff or any other person, or of any order, law, statute, regulation, duty or contract. 2. In full settlement of all claims against Defendants, including attorney's fees and costs, Defendants agree to pay Plaintiff and his attorney the total sum of two hundred and twenty five thousand dollars ($225,000.00) as follows: 365615v2 (a) a check in the amount of ninety thousand dollars ($90,000.00), for which an IRS Form 1099 will issue, will be made payable to the Tobin & Reyes, P.A., Trust Account. This sum is allocated as payment for Plaintiff's claims for attorney's fees and costs. (b) a check in the amount of thirty five thousand dollars ($35,000.00), less all applicable withholdings, will be made payable to Plaintiff. This sum is allocated as payment for Plaintiffs claims for unpaid wages. (c) a check in the amount of one hundred thousand dollars ($100,000.00), for which an IRS Form 1099 will issue, will be made payable to Plaintiff. This sum is allocated as payment for Plaintiffs tort claims asserted in the civil action. On or before October 1, 2014, Plaintiff will receive a promotion to the rank of Lieutenant, with all compensation and benefits of that position as set forth in the applicable collective bargaining agreement in effect on the date of the promotion. 3. The parties agree and acknowledge that the terms of this Agreement are contingent upon, and will not become effective absent, the approval of this Agreement by the Delray Beach City Commission. The representatives present at the mediation on behalf of the City agree to recommend the terms of this Agreement to the City Commission. Should the City Commission approve this Agreement, Plaintiff agrees that he shall take all necessary actions to execute, serve and file all documents and pleadings necessary to dismiss the civil action with prejudice as to the Defendants. Plaintiff's claims in the civil action against Ralph Phillips shall remain pending and unaffected by this Agreement. Within ten (10) business days after the City Commission's approval of the Agreement Defendants shall forward the sums in paragraphs 2 (a) through (c), above, to Counsel for Plaintiff, Ricardo Reyes, Esquire, to be held in escrow pending issuance of a court order dismissing the action, with prejudice, as to Defendants. The parties agree that it is the responsibility of Plaintiff's counsel to remit and disburse all sums owed to Plaintiff under the terms of this Agreement. Plaintiff agrees that he is liable and fully responsible for payment of any and all taxes normally and customarily paid in association with such payments, including any penalties, interest or other costs attributable to the late payment of such taxes. Plaintiff agrees that he will indemnify and hold Defendants harmless from any tax liability normally and customarily paid by the Employee, including penalties and interest, in the event the IRS or any government agency subsequently determines that taxes, penalties, interest or other costs normally and customarily paid by the Employee are due for the sums paid pursuant to this Agreement. 4. It is expressly understood by Plaintiff and his attorney that the obligations of Defendants contained in paragraph 2 of this Agreement shall be in lieu of any and all amounts to which Plaintiff or his attorney are now, or may become, entitled to, based upon any claim whatsoever arising out of his allegations against Defendants in the civil action or otherwise (including special, general or exemplary damages, attorney's fees, interest, expenses, and costs actually incurred). 5. Plaintiff warrants that he, his spouse, family members, accountants, and attorneys have not and will not disclose, communicate, disseminate and/or publicize, or cause or permit to 365615v2 F) be disclosed, communicated, disseminated or publicized the existence of or terms and conditions of this Agreement or its underlying facts, directly or indirectly, specifically or generally, to any person, business, organization, corporation, association, governmental agency, except as follows: (1) to the extent necessary to report income to appropriate taxing authorities; (2) to his attorney(s) and accountant(s); (3) in response to requirements of law or a subpoena issued by a state or federal court or governmental agency, provided, however, that notice of receipt of such judicial order or subpoena immediately shall be communicated to counsel for Defendant telephonically, and confirmed immediately thereafter in writing so that Defendant will have the opportunity to intervene to assert what rights it may have in non - disclosure prior to any response to the order or subpoena. Further, the foregoing agreement not to disclose does not prohibit, in any way, Plaintiff, his spouse, family members, attorney, and accountant(s) from discussing and/or disclosing Plaintiff s promotion to Lieutenant following the formal announcement thereof by the Department. The parties further agree that in the event that Plaintiff violates this provision, Defendants shall be entitled to the following: a. Any and all actual damages, including compensatory damages suffered; b. Liquidated damages in the amount of $2,500.00 per violation; and C. The agreement by the Plaintiff to the entry of a Restraining Order/ Injunction. The foregoing agreement not to disclose shall be binding on Plaintiff, his spouse, family members, attorney, and accountant(s), and Plaintiff shall instruct his spouse, family members, attorney(s) and accountant(s) of this provision. Plaintiffs signature hereto also indicates his agreement that this non - disclosure provision is a material element of this Agreement and is a part of the consideration for Plaintiff and Defendants entering into this Agreement. No action of Defendants shall be taken as a waiver of its right to insist that Plaintiff abide by the non- disclosure terms of this Agreement. The parties further acknowledge that, other than as exempted above, if Plaintiff is asked about the civil action, he may only respond that the "matter was amicably resolved," or that the "matter has been settled to the parties' mutual satisfaction," or other words to that effect. The Plaintiff acknowledges and agrees that under this paragraph he is specifically prohibited from initiating any communication, verbally or in writing, with any person, business, organization, corporation, association or governmental agency regarding the institution of the civil action against Defendants or the underlying facts in the civil action. Discussion of the promotion to the rank of Lieutenant will be permissible after the formal announcement of the promotion of the Plaintiff. 6. Plaintiff and Defendants hereby unconditionally and irrevocably release and forever discharge each other of and from, and agree not to sue and not to assert against each other any causes of action, claims and demands whatsoever, known or unknown, at law, in equity, or before any agency or commission of local, state and federal governments, arising, alleged to have arisen, or which might have been alleged to have arisen, or which may arise under any law including, but not limited to, federal, state or municipal anti - discrimination or anti - retaliation laws such as the Florida Whistle- blower's Act, Section 112.3187, Florida 365615v2 3 Statutes, Title VII of the Civil Rights Act of 1964, as amended in 1972, 1991, the Florida Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, Chapter 448, Florida Statutes, Section 440.205, Florida Statutes, Article X, Sec. 24 of the Florida Constitution and statutes and laws of contract and torts that Plaintiff and Defendants on behalf of themselves and on behalf of persons similarly situated, ever had, now have or which their heirs, executors, administrators, or assigns, or any of them, hereafter can, shall or may have for or by reason of any cause whatsoever, to the effective date of approval of this Agreement by the City Commission. 9. The parties represent and agree that they have thoroughly discussed all aspects of this Agreement with their respective attorneys and have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily entering into this Agreement. 10. The parties hereto represent and acknowledge that in executing this Agreement, they do not rely and have not relied on any representation or statement made by any of the parties or by any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise other than those specifically stated in this written Agreement. 11. Plaintiff specifically acknowledges that he: a. has been given at least twenty -one (21) full days within which to consider this Agreement; b. is advised that he has the right and may consult with an attorney prior to executing this Agreement and acknowledges the opportunity to consult an attorney; C. has seven (7) days following the execution of this Agreement to revoke the Agreement, and the Agreement will not become effective or enforceable until after this seven (7) day period has expired. To revoke this Agreement Plaintiff must advise the Defendants in writing of the election to revoke it within the seven (7) day period. Such written notice must be addressed and delivered to: Rodolfo Gomez, Esquire, Allen, Norton & Blue, P.A., 121 Majorca Avenue, Coral Gables, Florida 33134; d. is specifically releasing, among other claims, any claims under the Age Discrimination in Employment Act of 1967 and all amendments thereto; and e. is not waiving rights or claims that may arise after the date this Agreement is executed. 12. Any breach of any term, provision, or obligation of this Agreement by any party, shall entitle the other to seek enforcement of such term, provision or obligation in a court of law of competent jurisdiction, and shall entitle the prevailing party to an award of the reasonable attorney's fees and costs incurred in such proceeding. The proper and only venue for any action, based upon any alleged breach of any term, provision or obligation of this Agreement, shall be in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 365615v2 4 13. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, unethical or unenforceable, the legality, validity and enforceability of the remaining parts, terms or provisions shall not be affected thereby, and said illegal, invalid, unethical or unenforceable term, or provision shall be deemed not to be part of this Agreement. 14. The parties to this Agreement may execute their signatures in counterpart, each document of which may be considered as an original when executed. A facsimile signature shall be deemed to be an original. Date Date Attest: : Chevelle Nubin, City Clerk Vincent Gray Anthony W. Strianese Approved: City of Delray Beach City Commission In Cary D. Glickstein, Mayor Approved as to Form and Legal Sufficiency: Noel Pfeffer, City Attorney 365615v2 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 OFFER OF SETTLEMENT /THOMAS VOLPE VS CITY OF DELRAY BEACH BACKGROUND This is the second offer by the Plaintiff Thomas Volpe to settle his pending case against the City. The case involves a complaint wherein Plaintiff alleges he injured his clavicle and ribs when he fell from his bicycle after hitting an orange traffic safety cone along State Road AIA, north of Atlantic Avenue. The traffic safety cone was temporarily being used to warn oncoming motorists and cyclists that a City vehicle was stopped in the parking lane to perform landscape maintenance on the trees lining the road. The Plaintiff alleges that the City negligently placed the cone in the bicycle lane. The Plaintiff has incurred medical expenses in the amount of $16,677.00 as well as lost wages in the amount of $32,000.00. This case is scheduled for trial on an eight -week trial docket starting August 25, 2014. The City Commission rejected Plaintiff's first proposal for settlement in the amount of $30,000.00 at its meeting on June 17, 2014. At the mandatory pretrial conference, attended by counsel, the Interim City Manager, and the Risk Manager on July 8, 2014, the Plaintiff offered a new settlement in the amount of $22,000.00 after lengthy negotiation. If the City does not accept the new proposed settlement, this office will continue with trial preparations, which includes deposing two of the Plaintiff's experts. The cost to depose an expert witness is estimated at $2,500.00. In addition, the City intends to hire its own expert to testify at trial, which is estimated to cost between $5,000.00 and $7,500.00. 111 LT61 IMS C17611 The item before the City Commission is a settlement offer by Plaintiff, Thomas Volpe, in the amount of twenty two thousand dollars ($22,000.00). OPERATING COST There are no operating costs associated with this proposal. Settlements are paid out of the City's self - insurance fund. TIMING OF THE REQUEST This proposal is time - sensitive. This case is scheduled for calendar call on August 7, 2014 for a trial docket that starts August 25, 2014. RECOMMENDATION The City Attorney, City Manager, and Risk Manager recommend approval of the proposed settlement at this time. MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 28, 2014 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 CONSULTANT /SOLID WASTE AND RECYCLING COLLECTION SERVICES RFP BACKGROUND The Interim Service Agreement for solid waste disposal collection services will expire over the next several months. In anticipation, the City Commission directed the preparation of an expedited RFP in order to provide adequate time for advertising, evaluating, and selecting a qualified firm. Recognizing the complexity and specialized knowledge required to draft a RFP on this subject the Commission retained the services of RCG Consulting, Inc. to assume primary responsibility for this task. Version 11 of the draft RFP was distributed to the Commission for review last week. In addition, I have now had time over the past two weeks to review, in detail, the RFP and to discuss internally with staff. Staff believes the consultant adequately described the City's operational needs and requirements in the draft RFP. However, in my opinion the RFP continues to need further refinement and revision with respect to the technical elements of the RFP to eliminate ambiguities, inconsistencies, and to more clearly articulate the procurement process including the responsiveness /responsibility requirements, the evaluation criteria, and the award process. The City Attorney is recommending the City engage a solid waste expert to finalize the draft RFP to provide technical drafting oversight, including a close review of the subject areas described above. The Interim City Manager concurs with this recommendation. Among the consultants previously considered by the City was David Dee. Mr. Dee is an attorney and recognized expert in Solid Waste with substantial experience drafting solid waste procurement documents. (Attached as back -up to this agenda item are past examples of Mr. Dee's relevant experience, a summary of his qualifications, and proposed fee letter). Given the work product that currently exists, I am hopeful the additional review by Mr. Dee could occur relatively quickly and at reasonable expense. I do not expect the fees to exceed $25,000. Mr. Dee's hourly rate for governmental clients is $250 hour. The City Charter requires that all special counsel be specifically approved by the City Commission, thus the reason for requesting approval for an item that is normally within the purchasing limits of the City Manager. FINANCIAL DEPARTMENT REVIEW The Finance department concurs with the City Attorney's recommendation. DISCUSSION The item before the City Commission is to approve the engagement of Mr. David Dee to finalize the Solid Waste and Recycling Collection Services RFP for the reasons discussed. TIMING OF THE REOUEST This item is time sensitive in order to provide adequate time for the completion of the RFP procurement process prior to the expiration of the current Interim Services Agreement. RECOMMENDATION The City Attorney recommends approval. Pyburn, Terrill From: David Dee <ddee @gbwlegal.com> Sent: Thursday, May 01, 2014 12:12 PM To: Pyburn, Terrill Subject: David S. Dee -- RFP for Solid Waste Collection Services Attachments: Dee.DSD Resume. 05- 01- 2014.pdf Ms. Pyburn, At your request, I am sending you this note to confirm and supplement the information that I provided to you during our telephone conversation this morning. I would be delighted to assist the City of Delray Beach with its efforts to competitively procure solid waste collection services. As shown in my resume (attached), I have considerable experience with procurements and contracts for solid waste services. For example, my experience includes the following: 1. On behalf of St. Johns County, I am currently preparing two (2) amended and restated contracts that provide for the collection of the solid waste generated in the County. 2. On behalf of the City of Hialeah, I am currently preparing an Invitation to Bid (ITB) for the processing, marketing, and sale of the City's recyclable materials. 3. On behalf of the City of Hialeah, I am currently preparing a Request for Qualifications and a Request for Proposals (RFP) for solid waste collection services. This process will result in the privatization of the City's solid waste collection services, which currently are provided by City staff. 4. On behalf of the City of Coral Springs, last year I prepared a RFP and associated solid waste collection contracts for the City. Parenthetically, the RFP process resulted in a substantial reduction in the City's collection costs, and improvements in the City's revenues and level of service. 5. On behalf of Lake County, last year I prepared an RFP and contracts for the collection of the County's solid waste. I also simultaneously prepared an RFP and contracts for the disposal of the County's solid waste. These procurements dramatically reduced the County's costs and improved the County's level of service. 6. Last year I prepared contract amendments for the disposal of the solid waste generated in the City of Sunrise, in addition to a contract for the processing and sale of the City's recyclable materials. I previously prepared the RFP and contracts for the collection of the City's solid waste. 7. On behalf of Putnam County, I recently prepared an RFP and contract for the sale of the County's Class I landfills. The results of the RFP process will be presented to the Board of County Commissioners this month. The recommended proposal will provide economic benefits to the County in excess of $170 million. 8. On behalf of Clay County, I am currently preparing contract amendments that will extend the County's contract for the transfer, transportation, and disposal of the County's solid waste. On behalf of St. Johns County, last month I completed the preparation of an amended and restated contract for the transfer, transportation, and disposal of the solid waste generated in St. Johns County. 10. Over the last decade, I have provided extensive and on -going services to St. Lucie County on a variety of contractual and environmental law issues. Among other things, I prepared the County's solid waste collection contract for commercial waste. I also prepared the County's contract for the construction and operation of a plasma arc gasification facility for the disposal of the County's solid waste. 11. On behalf of the Broward Solid Waste Disposal District, several years ago I prepared the contract amendments that would have extended the District's disposal and service contracts with Wheelabrator. Parenthetically, I also serve as outside counsel for the Solid Waste Authority of Palm Beach County. I had primary responsibility for obtaining the state and federal environmental permits for the construction of the Authority's new waste -to- energy facility, which will burn approximately 3,000 tons per day of solid waste to generate electricity. Since you are located in South Florida, you may be familiar with and wish to call one or more of the following people for reference information: (a) the City Attorney for the City of Sunrise (Kimberly Kisslan) and the City's Public Works Director (Richard Salamon); (b) the County Attorney for St. Lucie County (Dan McIntyre) and the Director of the County's solid waste programs (Ron Roberts); (c) the Assistant City Attorney in Coral Springs (Sherry Whitacre) and the City's Public Works Director (Rich Michaud); and (d) the Assistant Director of the Solid Waste Authority (Marc Bruner). Additional references can be provided, if necessary. My rate for new private clients is $350 per hour. My rate for new public clients typically is $250. Since I was born and raised in Hollywood, and still have a mother and siblings living in Hollywood, it would be a pleasure to assist one of the communities in my former hometown. Please let me know if you need any additional information. Please reply to this note so that I will know you received it. Thank you. David S. Dee, Esq. Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A. 1300 Thomaswood Drive Tallahassee, FL 32308 Telephone: (850) 385 -0070 Cell: (850) 566 -5810 Facsimile: (850) 385 -5416 E -Mail: ddee . abwlegaLcom http : / /w +vw. pbwlegal. corn i.l!�� •.uiin {•. lil�f 1L'la n;" :,. .. .. ,. 4� 4:,:t 1t�ar M1 4 i CONFIDENTIALITY NOTICE: This communication is intended only for the exclusive use of the intended recipient(s) and contains information which is legally privileged and confidential. Furthermore this communication is protected by the Electronic Communication Privacy Act, 18 U.S.C. §§ 2510 -2521 and any form of distribution, copying, forwarding or use of it or the information contained in or attached to it is strictly prohibited and may be unlawful. This communication may not be reviewed, distributed, printed, displayed, or re- transmitted without the sender's written consent. ALL RIGHTS PROTECTED. If you have received this communication in error please return it to the sender and then delete the entire communication and destroy any copies. Thank you. Gardner, Bist Wiener, ��Wads�v orth, Bowden. Bush, Dee,LaVia & Wright. RA AYTOkNIINATLAW Od Drive Garc.4.1 -.108 D-wid S. Drr . TTA-ek .:Zkn. W. DI r I -na "n y K wad-wWorbli- 3 DAVID S. DEE David S. Dee is a shareholder (Partner) in the law firm of Gardner., Bist, Wiener., AVadsworth, Bowden, Bus} h, Dee, Wright P. A., and has 34 yCiars of experience. in the areas s--�f environmental, land use:, alive. and governmental law. 'Mr. Dee routinely handles :aces Invohing environmental permitting, cnfbn- ; - - proceedings, agency rulemaking, and He has %K,ork-vd extensively with local, re; mate and federal envirorurental age-Ocies. He hii9 :represented counties,. municl' an-viron-mental organjzation;� -.A Private developers; in a wide variety of cases Fhorida. Mr. Dec has ;1611,v bindl.cd major, complex cases involving electrical plants, iridustria! fi.cifitics, - -: -resource rccovery (Waste-to-en crgy) facilities, Cog facilit'es, and other industrla.,. �, --;,vifics. -Mr. Dee received a BacEelur csf,Art-s -n Emory Ulrdversity and a juris .4 frOl -i member �Yf Doctor degr with 'hi di hone is in 1979 �7` :1,tc 1 fie g several botiorary or ar .17 �,IrAd the (XJ.cr .9 .11cluding j1--- of Coif Men fie hws beca X in a. -,1- Atl , T -ji A J.1 i! T and Thc gam_ t Law I Aca. d WaS Alt 'Mm Of '-n, )t- Yeae' in T Y aj J_ .-vea of Litigation. TJ e selected ass tbe 2014 -Atto,-- ine Yl-;ar" it :7-: the area of Envirom;,-,,,,.,1 L,aw. Hic has been admitted to practice in all of the state and foderal courts in Fforida, plus the U.S. Courts orAppeals for the I Ith Circuit and the District of Columbia, He has an "Av" rating in theMlaaindale-Hubbell legal directory. Mr. Dec was the Chairman of the Environmental wid Land 1'-aw- Secriort of the Florida Bar Association. Yc-servQd oll 01v Section's E-Yccutive Q))ir:-,*' years. Mr. Dee hiss lect-ared at more than (K) - en I . viroamental law seminars, includiim conducted by the Florida Bar Association., the Florida Chwibcr cif Con a, organizations. . unerce, and other state and national Mr. Dc f r-) r i Y- years as t he Chairman of flic. :1 I for the University of Florida's Hink-7.,; ;,,lid and llazxdo;j,,, Waste r.- he en.ntirrues to serve . on the Board. He is a . of the; Florida Chapter of 'i Solis ,,ste Association of .No rth Art erica (SWANA). Mr. Der, rele-elved SWANTA Professi,:-. ; nent A-"..-Eirds in 1990 and David S. Dee Page z" 1993'. He also has worked -with the U.S. Conference of Nlay-:. '-, and its affiliate, the Municipal Waste Management Association, on re -gulatory iss Lies. In M'r. Dee succes.sfWiy comple ted the TREED training course for landfill operators. Mr. Dee is a 1.. graduate of the. Leadership Leadersbip Florl �:: prograrns, whicb are. sponsored by the Tallahassee and Florida Charniki�r,- ..,F Commerce -:7-0y. Ile served two turns on the Board of Regents for Leadership Florldr-i. Mr. Dee WW of the Board of Directors of Good"! Industries of the 8,eridi Inc., for tdric years as die President of the Board. He served on the Board of Directors for -r of the American Red Cross. Mr. Dee was a volunteer in the Ay.nerieu-n Peace Carps wepal and Ethiopia. Mr. Dee has en -c %-;►h the Florida 1", Power Plant Siting Act ..Pen 4" MA" -",.d many e-1- regulation�, 10 clectrical generating facilities. He has limidl-vi. pe.n.u'l-tiP41 i Gla or coll gencritiag facilities- inctudirignew facitities on "green field" 2 He also ruiufinel ' y sr. �xn state and JWeral issues involving, major sources of air pollo I tion, including permits issued N on CTSD") i)f air quality. pursuant io -die program fbrthe prevention of significant cfr,-.,-:-- ., . For example, JiA 2010 Mr. Dec helped Gainesville ReneWaL+JU'.". " Cm.tvr, LIX obtain the PPSA arld 'PSD aprrr-.valjl' fur a new electrical power plant -varn bioj.,uass, ("wood) rc gencrate JO�') me H .:�. ,Jw") of tmity for Gainesville A Utilities. In 10 ; -1 .i Mr. Dee also helped the Solid 'A r,,,4e -4.y of Palm Bcak+ Coiv_- obt-din the PSD permii mid PPSA approval for a new resource rca. _rY facility waste- 14cifit4) that will burn 3.000 tons per day of municipal -,7,J -wzuste to generate, approx.-n-uawly MW of' electricitV. .Mr. Dee has considerable cvanerce with solid waste 11-snagenient issues. Among other thbigs, !qtr. Dee: (a) obtained the, state and federal envirotunental permits f6r Pasco ,[2munt.) s resource recovC.rY :fa cilit v, Oa&s I landfill. an d asso ci ated facilities; the State and fixleral LmiTironmental permits for Hillsborough "County's resou facility (Units 1-3) and expansion (U711it 4); (.ej oNvilined the state and federal permits f6r Lee. Coiinty's resource, recovery faoility (Units I and. 7)anel expansion ; Unit. 3, oblainvA the state aril A. pennits for two biomass-fired cogeneration, cilities (Okeeiwiia and Osceola) izi. P _, cb County, as well as the PPSA and PSD approvals for the c;xpans and the PPSA approval for the Class I landfill don of fhe Okeelarr_ that. will r(T-eive tbo asb generatec. the Okee anta facility; .Davi.d S. Dcu Page s (s) obtained the PPSA and .PSI:] a.pprt3vals for major retrofits of the Pinellas C "c,wity resource recovery facility. as weli as Lhc PSD pernrtit for a rn�ijnr retrofit of the City of Tarnpa's resource recovery facility; (f) obtained the s6ihd waste pen -nit for the consm ction of l:lillshorou h Courrt3�s Class I Southeast Landfill; (g) obtained the solid waste: permit for the expansion of Hernando C'ounty's C'room Road Class I Iandfill; (h) Obtai td the solie, waste permit f6y., the construction. of .Hcin..ando 'Northwest Landfill; ?i obtained. the s� licl ur1;t }?erniits for the Q10sura , (V S(. Johns County'; glass l Landfill. and the construction c) fa ew :lass ! landfi11: 0) obtained all of the environmentA permits for a new regional landfill .,erring Lee and Hendry Counties; t. k) obtained all of the r_n_viton— mental pe.mi.its for a new regional landfall in Osceola County, (l) obtained the- slid waste fermi . and ERP f6r a new regional ]andfill in Suiriter County, fxa) successfully opposed the issuance f bhe. permits for the City of Jacksonville's protx +secs cIra {s I South,�-.as4 Landfis ;; (n) stiecessful!y Oppo -St_°u flee pc:nnits for the expansion of the Class 1 Baker Landfill iii [ k-Alnosa Cuumy; i :'. f ;'']:l :IY 3Arl,t.. T( ' :1. ?. "ii,orj' issues, of 'L'4 tiI1 T ti7[ C,�71111ry'ts (p) ._ mo new landfills in Charlotte Coanty floc epnstruction and demolitioTI (cl) assisted �j pri.vate, c;: rnpany obtain solid waste perraits ff'b):t the construction of a solid waste comp -) iiig facility; (r) assisted with the; prcTaravlon of Dade County's solid waste masts pIan: David S. Dee, Page 4 (s) represented vwious lfxal governtnents in rulernaking pr eedingti concerning DEP solid waste regulations, iriduding the DEP landfill rules in Chapter 62-701, Florida Administrative Code- (t) assisted n. arty local governments with their efforts to evaluate solid waste ''-Row control" issues-, (u) assisted many local gov,,, with the de�,Oospnient of aypvemenls, collection cAmtnaets, and other coil I'Vol-6fig solid Waste issues; (v) assisted Alachua Count,ywlth !be draffing and negotiatior; of a contract for the design., perniiIII-11g, eor-b-rru--don, and opaation of a transfer station; (w) assisted Lean. County and the City of Key West w-ith the -T requests for proposals ("RFP") end contracts for the transport and di.sposal ot'so.lifjVk!:: -. -,; (x) assisted 'Martin County, Collier County,. and Alachua Gciun.ty 6.w negotiation and preparation of contracts for the tmnsport and disposal of solid waste, (y) repre-stmcd local governments before the Florida Lvg;sldture. on a variety of issues., including legislation that would: create a rnoratoriarn on resource recovu-n-, local govenunents' ability te, 'facilities; airflborizru� t1w beneficial reuse of ash; restrict I manage solid waste; and create now requirements foC o- ?Tistrudion and dernolition debris land fills: (z) represented Lee County in formal adtnirlist-rative hearings ffiat resulted in the istivarxe of aDEP renewal permit for the continued operation of the Oulf Coast Class, I Lindfill: (aa) Leon County and TLA-Cannbtidgc, LLC, rvzpectively, iii fortnal 7f:,anijgs that rcsult"i in. the issuance., of the DEP permits for the cup I.cr proposed trans;&r stations: (bb) served on the City of Key West's 'Technical Advisory Committee for solid waste and (cc) assistt,-I! Vii. '.ucie County and other communities with their efibrts to ovaluate pl .srna are and other thermal waste conversion teehnolo&s. David S. Dee pagx -.5, f`/met'"istor September 2011 mc present Gardner, Bist, Wiencr, et a]. 2006-20 1.1 Young van Aq!xnderp, P.A. 1 1995-2005 Land�s & Pa-mons,.P.A. 19814995 Carlton, Fields, Ward, E-immanuc(SSG & Ctitler, A. 1979-1981 Hopping Bo!] Green & Sams, P.A. Gardner. Bist.Wiener, NV,-i d w sorth, Bowden, Bush, GBW D� ." `1,aVia &Wright, PA, 1M TORYMMATAA W Mic-hac-I.P. Mar DrIve Garml 13, P'LIV-.11r10 DwAW 7m' 1. 2 r4 I'. t er,-!JTL C,-+"-xar AIC`�--urriey' a c h 2 0 .1 A Oeir'-y S-lid and RFP �"'ity Off Del-r:aiv Sc�ach Derar Mts,. S imc y Lm der s.—and ,xi c-I C t Ci- L'�Y of D-elray .A. -c- toi ass.ist 't.he Cit--y w--Ith various WO'Ll 1 6 1 ke ra C-Iffa' = t:he C? ty s s oll 3L d, wa s t e iaai a qT P�m e.171C sys -L- etm. Jkatc-ng o t bi.e.'r.- T11 gs , the ICity �.vovij. d ike i.-ac i' 0 ��3 S Sp I S f.. wl th 'lk--he preparati-ons h 'Recuteo il': P:rO�DOSa ISS "RFP a:ad Ion is disposal, of tlhe Sollid T -1--e autd -recyclab' e genera.t:ed -11i� the s �- .1 .. I— - - - 11 ' t-.y Ot.J behalf ofE this law f.l.rm I eUm sending 1 L yoi this le- :t-er c"'I'dat -!C' -aould be d-eligbktsd LO --ATcar-k tl .IF,: C'Ity OZI t'•ese ISSUk-S. AL your dlrccti011, Firm. -v.rill alzo be; --I - CI L. t%� U - - t.1 J. r R J. s , on ar: cvs -,r.v� ec-le-A bas, r'.' Vlien requim',sU-er-,; Ln do so. Accord-ingly, I have preparec-I this er,.gagement J'.etUt-ilr oftescribes tl—, r-;ane-ra, principles -I-hat goven.-T-i o—Ur ivo-r1k, fu- the. C-J. ty. 4 - a, 1- 1. c" as C; as e man.,u,. g emm nan t QvIaL. t"I L.- '- he - .1 --�tys a - C: l .. will t,;:0-.e pr.i:mary the. City and I wl persuc,.�oi.ally 87xperv:iLse the Fir.mls :Ect.7 `CIIE! CJ.ty. For vrx'ir a cc—iIr c-1, my res,,Lme is ai-.tachcd hcz-rat-O. rM City of Delllay -L-zi,,�aclj hiC =,Y E21, 2.911.4 P_a 2 T will, ivorin- 4--lose-ly with you anci otbe.r., -representatives 04 4--lic! C"Ity to eL,-Mre tl.l,.aI_- the (Ii t--y's rLia.Cters are stziffed e..y. V,E- --he Ci s wcork to be ,P - �11 ed ti zhe nit: a..ncft cost-elt"fiecti-ve -mioinner passlble, vini"le - flill -, J -a AJ. % ing t-be Fizmlls e7irYert-:..se . :Peti=s ind Billiag t ices Eve nolTilally cbav7,re our- ar. hioux`ly rate f3r ou],- le -al 1$.7 bill.i. L. 4.J.t.41LO $ 3 5 0 p ri rat. f or ne,z7 pr a c, similqr "he C.-IA-v, ;-I 1 1 FOY- Lne F:',.xml s. wiil b reduced c4. -F, C. A IChe Fi.4m. is, to _,-eetuce mi y, rc-;rmal rat.~* 17.o 250 hovtr-, ::41,10 I M'7-:LRII.).ZU *77yx U for our oz-11-ter se).,tior Jal.So r F- d u c ed t o $ 2 JS 0 The ra c ei.� th.ar w, 1, 1 be chargeJ t-o L- e i.-wh-l.ch IS 41ti;JC UO th 4S a,---e zec-sit -o t-ie �os -* je. I - -xV4. rs --ad we ts c j- ga qf: eve-_n-y Cliert_ ,,JisheiE, to a-vrold imr .1 e- e E; is a ry wili u.sel Otar efto,_rts to em4,,jT•.-3 thzitc. the Cityls work is p L' " e..,cf ormed as e�f fl,cie, tly �:;:js possIble. Wren itt ii4 appru , Wi 11 ". I plriate- we assia:. tasks t:o atcox-ney�,, paraiegals, or clerks wi.tb lower Ind.11.1mg r o iziaxiiixdze our cost effectIverjess. 011 r e r. � s o n zi,b."l e c c s t,,-, -. h LA - C Our cl.ients vzre �cesponsi,l 'ale lmc-Ur CA-uxlmg on: r_,;p - ,nI ta icq, :F th 0 er PY4 g s, travel. and. o- at-of- ,3, CO -.-rig C1,4ir, .e pocket Oux- request�: fo.t.- -irse..,Ients froj, .�_ujm, 'I 1_14@ City for meais, pe.z- dip-m, and travel, if caly, to confom to the Ur 1.12.C633:., Ori'-t fG:r state wqpll.,,:,�yees. llo tbe off dce...Ut Lmvam and slhall be a-p.provedd L-1 ad,,ance by t.he city. Will. the Cit" 3�A7j-t` alm Tr :n-Lh]-%,, 4 12 .�.n-voice or our. se-rvicei�. Ti he invoice W-111 'if ;ant-i:f _Y rach uaskl L'I'lat "he's bbee!7� T.D,-_�rformeel. Jru-�Ixag - e ;,ftcnth, thc,; person "hhat jp�zzfforn(__ j 3 Twor]k:� t-l-te datt-e oin x",rhich wc.rk was pexforme,.'i., and t-he amnxmt City of Ee-Iray Beach May 12, 20-24 Pa,g e 3 of our cost.s, -',Ilr i-rnvoices- will, incllude receipt-s or ot-her jlf+-'I.x- Ou'r We cogmize r:hb.;U t- i mily for costs- tan-I out-cf- ocket e-4pencq.iture.s. We P c;;.:.x..'-y w-' ar4- -�-1 1 1. Y- reasonalie. I imJ tzticms Jr-p-osed C ,Y il b�ut we azL.k su-ch. 'be- Ide.,lu"Ll.-if3d E-OW <!W Ca:"-i and An4. - ,,, �-?, ces A.Z. be Sell" -0 of City _— 1 - - k� Our -1-11voices are pc�..,yrabli- u.pc)rl r�cej.j -F j 4 .a ! ?% 45 dl,aA;t3, onay ch;crrq�e wo ar. the ra-4- t'L L A. of monthly i'll.2% -er .9" ax-,-numl' wbich -Is con-sist-en" -w-l. th t-b e rt7tqj-,u es tabli shed. by paoym.erlt the 2.3.8.70 e�t seq., rcm. f- I :1 7i n.r. ,Nie klope -t-hat- Our -'--'Op : e f .11 �.,cceptrable -c-) zh City. c , t the AfFq:j:Op:I--! i J, s g:r:i n the opace Cj�:y --,0 p-rovided !.-jelrjw :--A�-Id then return a cr.;, };y ciff this let-1--.7er- to zule. pleaze call me if Y-01:1 lba-v-e 310Y quest-ioils. Ile -look forward h Ilo a and zucce.,-.;s ful WICI-1 You. and t he of Delray Beach. Six.-icerely, GAARDNMR, BIEST, WTESIVF.! , WADSWOR!,rH, BOWMEN, BUSH. DEE, LAT,71A & WRI-GHT, .P. A. P- Y David S. Dee For :the FiXin. t y c Df-d'ir-a-v Beach 4. .P.-CcePtec.-I anal agreed to clay o f By: city, of Del-riby Beacl- C, ty of ' each %— - - 13 may Page EXHIBIT A 02AR'MTEl", :STS'T, WITNE1.11, �42-,. DSWGRTH, B01111:EN; -BUSH; DEE, LAV".--"-. & iAVRIGHJI, P.,Pj. MICCRAFEL P. BEST S250 per hour GAR',"TIN' B. BOWDEN $1. 8 5 Per houx BENJAMIN' B. 3USH "zi5". Per "hour DAVZ C ' . DEE 5 0 per. hour hour CHARLES R. (2 ,RDNFR $250 per hour 7 001-11Z T. LAV,17A., III $200 PF.,;r hour I-LjRP,kY M. ,'lv� Per qTj M. WADSWORTH, JR. $200 per hour BRUCE 1. W-11111F.R. $250 per hour VlE'l'-jT')Y RUSSELIJ 'Vfl'F.'NFR $200 per hour BEDFORD WILDER $:'s_50 per 'I-iour FLOBETFVP SCHEFFEE"O WP-'.T'Gj'JTT $225 per hour MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 NOMINATIONS FOR APPOINTMENT TO THE PLANNING & ZONING BOARD BACKGROUND The term for regular members, Mr. Clifford Durden, Mr. Craig Spodak, Ms. Derline Pierre -Louis and Ms. Thuy Shutt will expire on August 31, 2014. Mr. Clifford Durden and Mr. Craig Spodak will have served two (2) full terms and are not eligible for reappointment. Ms. Thuy Shutt will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Ms. Derline Pierre -Louis will have served one (1) full term and would not like to be nominated for reappointment. Nominations for appointment are needed for four (4) regular members to serve two (2) year terms ending August 31, 2016. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. In addition, the City Commission shall fill four seats on the Board with either an architect, landscape architect, realtor /real estate broker, engineer, developer, general contractor, land planner or land use attorney. The remaining three seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for four (4) regular members to serve two (2) year terms ending August 31, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Planning and Zoning Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for four (4) regular members to serve on the Planning and Zoning for two (2) year terms ending August 31, 2016. PLANNING & ZONING EXHIBIT A James Chard Marketing and Planning Consultant (also applying for the Site Plan Review and Appearance Board) LeaAnne DeRigne Educator (currently serving on the Police Advisory Board) Jay Jacobson Real Estate Investment/President (also applying for the Site Plan Review & Appearance Board) Mark Krall Attorney Steve Mackey Broker -Real Estate/Business Owner (also applying for the Site Plan Review and Appearance Board) John Miller, Jr Merchandising Director (currently serving on the Historic Preservation Board) Christina Morrison Commercial Real Property Consultant/Real Estate Broker Kenneth Peltzie Health Administration /Self - employed Joseph Pike Paul Pugliese Architect Cartographer Ana Puszkin - Chevlin Urban Planning and Development Consultant/Self- employed Jerome Sanzone Building Official (also applying for the Board of Adjustment and the Site Plan Review and Appearance Board) Kevin Warner Educator (currently serving on the Civil Service Board) Bryan Weber Attorney PLANNING AND ZONING BOARD 4/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden, Vice Chair Educator Appt 08/17/10 Reappt08 /07/12 08/31/2014 Derline Pierre -Louis Plan & Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Chair Dentistry Appt 09/07/10 Reappt 08/07/12 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2014 Thuy Shutt, 2nd Vice Chair Assistant Director Reappt08 /07/12 08/31/2015 Gerald Franciosa Accounting /Retired Appt 10/01/13 Law Enforcement 08/31/2015 Robin Bird Planning & Zoning Appt 04/16/14 Director Contact: Diane Miller x -7041 S /City Clerk/Board 14 /Planning & Zoning i i v rWl z � i V y fC o � 0 G W a 4 W� Q �N 0 H �N ti N M O M O M M O M p M O M O O O O O O O O O O O O O � � N M C/1 O A � �C,% oo � •� i i v rWl z � i V y fC o � 0 G W a 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 NOMINATION FOR APPOINTMENT TO THE POLICE ADVISORY BOARD BACKGROUND There is a vacancy on the Police Advisory Board. Nomination for appointment is needed for one (1) regular member to serve a two (2) year term ending July 31, 2016. In order to qualify for appointment, a person shall be either a resident of, own property, own a business, or be an officer, director, or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individual has submitted an application and would like to be nominated for appointment: Name Background Alan Siegel Attorney A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and the individual is registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Police Advisory Board. TIMING OF THE REOUEST This item is not time - sensitive. RECOMMENDATION Recommend nomination for appointment for one (1) regular member to serve on the Police Advisory Board for a two (2) year term ending July 31, 2016. POLICE ADVISORY BOARD 7/14 TERM EXPIRES NAME & ADDRESS 07/31/15 Jack Chadam Unexp Appt + 2 yr 05/21/13 07/31/16 Wyana Claxton Unexp Appt 08/16/11 Reappt07 /17/12 Reappt07 /15/14 07/31/16 Lea Anne DeRigne Appt 07/15/14 07/31/16 Robert Shell, Chair Unexp Appt 08/02/11 Reappt07 /17/12 Reappt 07/15/14 07/31/15 Matthew Monahan Unexp Appt 04/20/10 Reappt06 /21/11 Reappt07 /25/13 07/31/15 Annette Annechild Unexp Appt 11/01/11 Reappt07 /25/13 07/31/16 Shelly Weil, Vice Chair Appt 07/17/12 Reappt 07/15/14 07/31/16 Ellen Major -Hanna Appt 07/15/14 07/31/16 Vacant 07/31/15 Michael Costin Appt 08/06/13 07/31/15 John Jackson Unexp Appt 12/03/2013 07/31/15 Vacant (Student) 07/31/16 Vacant (Student) Contact: Yolaina Ruiz 243 -7056 S /City Clerk /Board 14 /Police Advisory Board Q \ z / N \ 0 / ti a� a� pp C�j \ o / Z C�j p o� / Cj O � M N Vl M �_ N N / ti ff ti jz -\ ff Vl ti ti ff ff \O ti ti ti l(1 Vl ti ti Vl M ti ti ff ~ ti ti ff ti Vl ti "'� O •�--1 7—I O O O O O O O p CD 0 W O W CD O O O O p 0 O O O O O p �C O �C '� ti ti N CA CL ¢'n., ¢�, CL �C CL CL CL CL %� CL CL CL CL \ 0 C�j / \ N / / cd 0 o C�j C�j C�j \ � V cd U Id �Cd CAM / h V W Cd C/i > S MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD BACKGROUND The term for regular members, Ms. Ana Maria Aponte, Mr. John Miller, Ms. Annie Adkins Roof and Ms. Annette Smith will expire on August 31, 2014. Ms. Ana Adkins Roof will have served two (2) full terms and is not eligible for reappointment. Ms. Ana Maria Aponte will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Ms. Annette Smith will have served one (1) full term and would not like to be nominated for reappointment. Mr. John Miller will have served one (1) unexpired term, is eligible, and would like to nominated for reappointment. Nominations for appointment are needed for four (4) regular members to serve two (2) year terms ending August 31, 2016. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be nominated for appointment: (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Jarjura (Seat #4) for four (4) regular members to serve two (2) year terms ending August 31, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Historic Preservation Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for four (4) regular members to serve on the Historic Preservation Board for two (2) year terms ending August 31, 2016. HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Ana Maria Aponte Urban Designer Incumbent Angela Budano Land Planning -Event Coordinator David Harden Retired — City Manager John Miller Merchandising Director Incumbent (also applying for the Planning and Zoning Board) Price Patton Journalism Scott Wheeler Realtor HISTORIC PRESERVATION BOARD 07/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Ana Maria Aponte Urban Designer Unexp Appt 08/16/11 Reappt08 /21/12 08/31/2015 Ronald Brito General Contractor Appt 08/16/11 President Reappt10 /01/13 08/31/2014 John Miller Merchandising Unexp Appt 08/20/13 Director 08/31/2014 Annie Adkins Roof, Chairperson Attorney /Real Appt 08/17/10 Estate Broker Reappt09 /04/12 08/31/2014 Annette Smith, Vice Chairperson Business Unexp Appt 10/05/10 Owner /Interior Reappt09 /20/12 Designer 08/31/2015 Andrea Sherman Interior Appt 07 /01/14 Designer 08/31/2015 Samuel Spear, 2nd Vice Chairperson Computer Appt 09 /06/11 Consultant Rea t08/20/13 Contact: Diane Miller X 7041 S /City Clerk /Board 14 /Historic Preservation Board i i % C�j \ �N H o� Q� W� x Z O O Z N p 7 M O da a � N O M � Aa -i o ��-C�j zo z� C zs C�j z z0 z z0 C CD C�j O O p p p C�j Qn CA CA Qn HH o o x � o 0 i i % C�j \ �N H o� Q� W� x Z O O Z N p 7 M O da a � N O M � Aa -i o ��-C�j zo z� C zs C�j z z0 z z0 C CD C�j O O p p p C�j Qn CA CA Qn HH o o x � MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 18, 2014 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 NOMINATIONS FOR APPOINTMENT TO SITE PLAN REVIEW AND APPEARANCE BOARD S( PRAB) BACKGROUND The term for regular members, Mr. Jose Aguila, Mr. Jason Bregman, Mr. Rustem Kupi and Mr. James Knight will expire on August 31, 2014. Mr. Rustem Kupi will have served two (2) full terms and is not eligible for reappointment. Mr. Jose Aguila and Mr. Jason Bregman will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Mr. James Knight will have served an unexpired term, is eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for four (4) regular members to serve two (2) year terms ending August 31, 2016. To qualify for appointment, a person shall either be a resident of or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, sign contractor, land planner, or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for four (4) regular members to serve two (2) year terms ending August 31, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Site Plan Review and Appearance Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for four (4) regular members to serve on the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2016. SITE PLAN REVIEW AND APPEARANCE BOARD EXHIBIT A Jose Aguila Architect Incumbent Jason Bregman Consultant / Landscape Architecture Incumbent James Chard Marketing and Planning Consultant (also applying for the Planning & Zoning Board) Jay Jacobson Real Estate Investment/President (also applying for the Planning & Zoning Board) James Knight Real Estate Broker /General Contractor Incumbent Steve Mackey Broker -Real Estate/Business Owner (also applying for the Planning & Zoning Board) Annie Roof Attorney Jerome Sanzone Building Official -Chief Executive Officer (also applying for the Planning & Zoning Board) Andrew Youngross Engineering Consultant/Principal SITE PLAN REVIEW AND APPEARANCE BOARD 7/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2014 Jose Aguila, Vice Chair Architect Appt 08/07/12 08/31/2014 Jason Bregman Consultant /Landsc Appt 08/07/12 ape Architecture 08/31/2015 Terra Spero Appt 09/03/13 Citizen-at-Large 08/31/2014 Rustem Kupi, Chair Architect Appt 08/17/10 Reappt 08/07/12 08/31/2015 Alice Finst Educator Appt 10/01/13 08/31/2016 Roger Cope Architect Appt 06/17/14 08/31/2014 James Knight Real Estate unexp Appt 05/15/12 + 2yrs Broker /General Contractor Contact: Diane Miller, X -7040 S /City Clerk/Board 14 /SPRAB i i O � w A z \ CA / CJ Qn / C \ N \ o C�j "p / / U i WN Q� ON UN o� a� N w p �N �N �N paN a s a a I a a a ZN a s a a I a a s 00 00 p 00 00 p O � p l0 00 � O O O O O O O 00 p p p p p W M U p ^y rl M p � �••I r^ � � inl i i O � w A z \ CA / CJ Qn / C \ N \ o C�j "p / / U i MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 17, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 ORDINANCE NO. 22 -14 (FIRST READING /FIRST PUBLIC HEARING) BACKGROUND The attached Ordinance No. 22 -14 establishes a temporary building moratorium on certain pet stores which offer for sale or transfer dogs or cats. The moratorium will be for a period of six (6) months from the date of adoption of this ordinance in order to give City staff a period of time in which to review studies regarding substandard breeding facilities in order to draft appropriate and responsible regulations regarding same. This moratorium is limited to retail shops offering for sale dogs and cats and will not affect retail shops that offer for sale pet accessories and supplies, grooming services, fish, and other products and services not connected with the sale of dogs and cats. DISCUSSION The item before the Commission is a request for approval of Ordinance No. 22 -14 establishing a temporary building moratorium on pet stores for six (6) months. RECOMMENDATION The City Attorney's Office recommends City Commission approval of Ordinance No. 22 -14. ORDINANCE NO. 22 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR TRANSFER OF DOGS AND /OR CATS AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the City of Delray Beach desires to prohibit substandard breeding facilities that mass - produce dogs and cats for sale to the public, many of which are sold at certain retail sales facilities; and WHEREAS, the City needs a period of time in which City staff may review studies regarding substandard breeding facilities for dogs and cats in order to draft appropriate and responsible regulations regarding same; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(3) (c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. "Retail Sales Facilities for Dogs and Cats" shall mean any retail establishment that is open to the public that sells, transfers, or offers for sale or transfer, dogs and /or cats, including puppies and kittens, regardless of the age of the dog or cat. Section 2. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR RETAIL SALES FACILITIES FOR DOGS AND CATS. All activities relating to the acceptance, review, and action upon permit applications for Retail Sales Facilities for Dogs and Cats that offer for sale or transfer dogs and /or cats as defined herein are tempo raril,T�pended in order for the City of Delray Beach, through its officials and staff, to have adeduate time and opportunity to determine the adeduac,T�pplication criteria standards, and other approval processes related to the issuance of said permits within the City of Delray Beach. Based upon the foregoing, there is hereby imposed a temporary moratorium on the acceptance, review, and action upon permit applications for Retail Sales Facilities for Dogs and Cats. During the time the temporary moratorium is in effect, the City will accept no applications for permits for the operation of Retail Sales Facilities for Dogs and Cats. Section 3. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this ordinance shall be effective in the corporate municipal boundaries of the City of Delray Beach. Section 4. DURATION OF MORATORIUM /EXTENSION. a. The temporary moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate six O months after the said effective date. The City will accept no applications which are subject to the moratorium until the moratorium has expired. b. The City Commission may extend the moratorium established in this ordinance b enactment of an ordinance one (1) time for a period not to exceed ninet� (90) da):s upon a finding by the City Commission set forth in the ordinance that the problems giving rise to the need for the temporary moratorium established herein continue to exist. Section 5. PENALTIES. Any individual, entity, or agent, who shall violate an3provision of this ordinance or who fails to comply therewith, or any of the requirements thereof. shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period of time not to exceed sixt� (60) days. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2014. ATTEST: CITY CLERK First Reading Second Reading MAYOR 2 ORD. NO. 22 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 21, 2014 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 ORDINANCE NO. 19 -14 (SECOND READING) BACKGROUND On July 15, 2014, the City Commission approved Ordinance No. 19 -14 on first reading. DISCUSSION This ordinance is before Commission for second reading to consider an amendment to the Land Development Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations ", Section 4.6.9, "Off- Street Parking Regulations ", Subsection (E), "Locations of Parking Spaces ", Sub - Subsections (3), "In -Lieu Fee" and (4), "Public Parking Fee ", to reflect fee changes for same. RECOMMENDATION Staff recommends approval of Ordinance No. 19 -14 on second and final reading. ORDINANCE NO. 19 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS ", SECTION 4.6.9, "OFF- STREET PARING REGULATIONS ", SUBSECTION (E), "LOCATIONS OF PARING SPACES ", SUB - SUBSECTIONS (3), "IN- LIEU FEE ", AND (4), "PUBLIC PARING FEE ", TO REFLECT FEE CHANGES FOR SAME; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2014 and voted 4 to 3 to approve the amendments; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.6, "Supplemental District Regulations ", Section 4.6.9, "Off Street Parking Regulations, "Subsection (E), "Locations of Parking Spaces ", Sub - Subsections (3), "In -Lieu Fee ", and (4), "Public Parking Fee ", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right -of -way, or parking located in public parking facilities shall not be used to satisfy on -site parking requirements, except as provided for herein. The terms "on -site parking" and "off- street parking' are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on- street public parking may reduce the number of in -lieu and public parking fee spaces required. (2) Required off - street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). When the provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right -of -way exists, construction of additional on- street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off - street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right -of -way has not been previously utilized for parking or, in cases where the adjacent right -of -way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and, (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. One parking space credit shall be given for each additional full space constructed abutting a lot or parcel. No part of an on- street parking space shall extend past a side property line of the lot it serves. On- street parking located on the opposite side of the right -of -way, and within the property lines, as extended to the opposite side of the right -of -way, may be counted toward fulfilling the off - street parking requirement when the adjacent lot is a railroad or waterway, and it does not warrant parking. In the event the City, County or State removes the parking spaces at any time for a public purpose, the property shall be considered lawfully nonconforming with respect to parking. (3) In -Lieu Fee: Subject to the limitations of this Section, new development, use conversion to existing buildings, building additions and /or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in -lieu of parking program. Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in -lieu option. A maximum limit of 30% of eligible required parking can be provided under this option, except for use conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and /or studies. Payment of a fee in -lieu of required parking shall be pursuant to the following provisions. (a) The in -lieu fee is authorized only in the CBD, CBD -RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in -lieu fee. The fee amount shall be based upon the location of the property for which in -lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). 2 ORD. NO. 19 -14 (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD and Parcels located west of the Intracoastal Waterwav which are zoned CBD or CBD -RC and which are not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood, Block 69 or located in the Old School Sauare Historic Arts District OSSfIAD - $18,200 $23,660 per space. {} Area 3 2: Parcels located within the OSSHAD zoning district, e-,�eep €e,f Block 69 fts fte)fea ift "°eft 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD -RC - 0 $10,140 per space. {4 43� Area 4 3: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 $4,600 per space. ORD. NO. 19 -14 Win" ■ �: I 111 li �� _ - -• i ■ ea• I��II '�� ■ 11 m � J 1 {r 1 ■, 11 111 1 11 N NI � "7 . 1 1 ■pN 1,i1 { IIIf7 - V ■ X11111■ 1 •• � Ip 11.'i�l',} . � 1 ■■u � wan ul 1 del ■ Alll 1111 M 1 I - - � � � '�� 1 ■■111 . � 1 X11 i I�IIi - i1 i1�� ■ , . 1.� 0 1 1 M' II ® 1111 1 1 Mu. 1 1 ,1 is 1 1 I IIN 1 .. 11 u1.,,, _� I■ - 1 11 � ; Il�u ■n � iu 1■ u � 111 1 111 Ig {� 1 1 � I 1 GIII II r 1 .GIII � pl ■ _ q ■51 I_.1 ■� X11 = I �b`I 1111 1 1 I■ 1 1 1' Iglp 111 pl = 1 lam" IIY ■� 1 IAI 1 L 1■ I I = 1■ 1■ .�Iq 191■`! 1 =1111 1 � _ I 1 111 11. rl ■ 1 = —1 ■ IIIIU ,,' — = I IN II``I Iq NNII • 1l�: -11 I illlf __ �.� I■1 I it 4111 All Fk n�r'rl � I 1 • :1 1 • � —s —_ a+ d II 1 1 p I. � r II■ C■ Ili■ �� f_ Nql N 111, p J I yy In 1 1 1 Al 1 I 11 1 1 16T _ 91 NINII 111111 ,�' li d ■Ni un CI ■ 1111 1 �. w 11 1 in WII 1 1 ORD. NO. 19 -14 (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in -lieu fee is due upon issuance of a building permit. The in -lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in -lieu fee which is not paid in full at time of permit, must enter into an In -Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In -Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in -lieu parking fees including attorneys' fees and costs. In -Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In -Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three -year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in -lieu fees due, where adequate right -of -way exists adjacent to a proposed project for which an in -lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in -lieu fees unless authorized by the City Commission. The applicant will be credited up to one -half of a parking space for each full parking space constructed within public right -of -way. (For example, the applicant requests to pay the in -lieu fee on 4 spaces; the applicant constructs 4 spaces in the right -of -way; the applicant must only pay the in -lieu fee for 2 spaces). Crediting of spaces constructed in the right -of -way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right -of -way which are required to meet the performance standards for new developments. ( Requests to allow in -lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. 5 ORD. NO. 19 -14 (4) Public Parking Fee: When parking requirements are applied to new development, in- fill development, which has been vacant for five (5) years or longer, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in -lieu of providing such required parking on -site. This option cannot be utilized in conjunction with the In -Lieu Fee provisions of subsection 4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park purposes. (a) For properties located within 600' of a programmed public parking facility, excluding property zoned CBD and /or CBD -RC, an alternative to providing all the required parking on -site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. (1) Area 1: Parcels located east of Swinton Avenue and South Dixie Highway - $48,000 $23,400 per space. (2) Area 2: Parcels located west of the Swinton Avenue and South Dixie Highway - $46,,000 $18,400 per space. (b) The Public Parking Fee is limited to no more than 25% of the total required parking of a development not to exceed 10% of the total number of parking spaces associated with the Programmed Public Parking Facility. Within a Programmed Public Parking Facility, a maximum of 25% of the total number of parking spaces provided within the Facility are available to the Public Parking Fee Program. (c) When a programmed public parking facility is not anticipated to be constructed within three (3) years of site plan approval of the proposed development, a building permit will not be issued unless the proposed development constructs additional on- street parking within the right -of -way adjacent to the development equating to 75% of the total number of spaces subject to the Public Parking Fee. (d) Where adequate right -of -way exists adjacent to the proposed project for which the fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to the fee unless authorized by the City Commission. The applicant will be credited up to one - half of a parking space for each full parking space constructed within public 6 ORD. NO. 19 -14 right -of -way. (For example, the applicant requests to pay the public parking fee on 4 spaces; the applicant constructs 4 spaces in the right -of -way; the applicant must only pay the public parking fee for 2 spaces). Crediting of spaces constructed in the right -of -way resulting in a fraction shall be rounded down. (e) All required residential and guest parking spaces associated with a development and required guest room parking for hotels, motels, residential -type inns, bed and breakfasts, and similar uses must be provided on -site. (f) The public parking fee must be paid in full upon issuance of a building permit. (g) The Director of Planning and Zoning or designee shall maintain a record of the developments that utilize the Public Parking Fee Program and the number of spaces allocated to the program for each Programmed Public Parking Facility. (h) The operating hours of the Programmed Public Parking Facility are at the sole discretion of the governmental entity that owns the facility, and shall not be affected by parking spaces intended for commercial tenants of the development. (i) The Public Parking Fee amount shall be reviewed at a minimum every two (2) years and the fee adjusted as warranted. (j) Requests to allow public parking fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. That this ordinance shall become effective upon its adoption on second and final reading. 7 ORD. NO. 19 -14 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2014. M AYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 19 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: June 18, 2014 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JULY 15, 2014 ORDINANCE NO. 19 -14 BACKGROUND Page 1 of 4 A presentation addressing several topics of the Kimley Horn parking study was made to the City Commission at its January 14, 2014 workshop. Staff was provided direction for the various topics and is bringing forward modifications to the In -Lieu and Public Parking fee programs. This item is being presented independently of the comprehensive parking management plan as it requires one (1) public hearing and is unrelated to the discussions and components of a fee based parking program. The in -lieu of parking fee program is a development incentive allowing expansions and conversions of use for properties unable to provide required parking in accordance with Land Development Regulations, (LDR), due to site restrictions. The program allows a small percentage of in -lieu spaces for new development to maximize leasable square footage while reducing the urban sprawl caused by surface parking lots. A comprehensive review of the program, completed in 2006, showed a significant disparity between the market rate cost per space if constructing a parking structure and the program's cost per space. City Commission, concurrent with other recommending bodies, approved a 30% increase in areas 1 through 3, stipulating annual review of the fees intended to STAFF RECOMMENDATION Current Fee proposed % Proposed Market Area Increase Fee Rate (per space) Area 1 $18,200 30% $23 660 , Area 2 $15,600 51% $28 000 Area 3 $7,800 30% $10,140 Area 4 $4,000 15% $4,600 increase fees in incremental costs until market rate was achieved. A February 2008 review resulted in no increase in fees due to the failing economy, which has continued through subsequent years to date. It has been suggested that the cost of in -lieu parking spaces, regardless of area, should be priced at the http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 8076 &MeetingID =510 7/21/2014 Coversheet Page 2 of 4 market rate for construction. A recent parking garage feasibility study, conducted by Kimley Horn for the Block 117, Gladiola Lot, located on SE 6th Avenue, south of Atlantic Avenue, (Northbound Federal Hwy), showed the estimated cost per space for the construction of an approximate 300 space garage at $28,000 per space including design and construction. Considering the current build out of Areas 1 and 2, (Beach and Core Areas), and the lack of need for further development incentive, Staff is recommending consolidation of these two areas. A 30% increase, applied to the current Area 1 fee of $18,200 results in a $23,660 per space fee. It is noted, the majority of in -lieu of parking fee requests are predicated by the conversion of use from retail or office to restaurant. The proposal will not negatively affect small "mom & pop" businesses from expanding or converting available neighboring sites. Atlantic Avenue, extending 2- blocks north and south, between Swinton Avenue and the Intracoastal Waterway (ICW), are governed under Land Development Regulations (LDR), Section 4.4.13(G), requiring 1 -space per 300 square feet of total floor area for retail or net floor area for office; excluding restaurants. Therefore, expanding to a vacant office or retail space within this boundary would not require additional parking unless converting to restaurant. However, building new floor area, (unlikely considering current conditions), would require parking. Outside this designated area parking is required in accordance with LDR Section 4.6.9. Due to varying requirements for different uses, additional parking may or may not be required. Public Parking Fee: LDR Section 4.6.9(E)(4) The Public Parking Fee is for properties outside the In -Lieu of Parking Fee areas. Area 1 of the program is for properties west of Swinton Avenue and Dixie Highway at $16,000 per space and Area 2 for properties east of Swinton Avenue and Dixie Highway at $18,000 each. Staff recommends a 15% increase for properties west of Swinton Avenue and 30% increase for properties east of Swinton Avenue, resulting in a respective cost of $18,400 and $23,400 per space. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(Nl)(5), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the In -Lieu of and Public Parking Fee Programs are not specifically mentioned in the Comprehensive Plan, they are not inconsistent with the stated Goals, Objectives and Policies of the plan. The City Commission is asked to determine the appropriate increase in In -lieu and Public Parking Fees and if development incentives are still needed in the areas described in the two LDR provisions. This item is not affected by the comprehensive parking management plan. Moving forward independently will reduce items included in the presentation mitigating information overload. The Parking Management Advisory Board, at its meeting of January 28, 2014, recommended approval of the modifications to the In -Lieu and Public Parking fee programs as outlined in the preceding staff http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 8076 &MeetingID =510 7/21/2014 AREA CURRENT 15% 30% MARKET RATE INCREASE INCREASE RATE I West of $16,000 $18,400 $20,800 Swinton $28,000 East of 2 Swinton $18,000 $20,700 $23,400 Area 2 for properties east of Swinton Avenue and Dixie Highway at $18,000 each. Staff recommends a 15% increase for properties west of Swinton Avenue and 30% increase for properties east of Swinton Avenue, resulting in a respective cost of $18,400 and $23,400 per space. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(Nl)(5), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the In -Lieu of and Public Parking Fee Programs are not specifically mentioned in the Comprehensive Plan, they are not inconsistent with the stated Goals, Objectives and Policies of the plan. The City Commission is asked to determine the appropriate increase in In -lieu and Public Parking Fees and if development incentives are still needed in the areas described in the two LDR provisions. This item is not affected by the comprehensive parking management plan. Moving forward independently will reduce items included in the presentation mitigating information overload. The Parking Management Advisory Board, at its meeting of January 28, 2014, recommended approval of the modifications to the In -Lieu and Public Parking fee programs as outlined in the preceding staff http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 8076 &MeetingID =510 7/21/2014 Coversheet report. Page 3 of 4 The Community Redevelopment Agency deliberated this item at its May 8, 2014 meeting. Consensus of the Board was approval of the proposed ordinance with the caveat that In -lieu fees in Area 3, (formerly Area 4), West Atlantic Avenue, remain unchanged. The Downtown Development Authority, at its meeting of May 12, 2014 recommended denial of the proposed ordinance. The West Atlantic Redevelopment Coalition recommended a 30% increase for in -lieu of parking fees in the area citing the marginal increase based on the reduced rate currently in effect. The Planning and Zoning Board, at its meeting of May 19, 2014, in a 4-3 vote, (Shutt, Davey and Durden dissenting), recommended approval. In summary, the ordinance contains the following actions for the In -Lieu of and Public Parking Fee Programs: 1) Consolidate Areas 1 and 2 of the in -lieu fee program 2) Increase fees in the consolidated In -lieu Area 1 by 30% resulting in a $23,660 per space fee 3) Increase fees in old In -Lieu AREA 3, now AREA 2 by 30% resulting in a $10,140 per space fee 4) Increase fees in old In -Lieu AREA 4 now AREA 3 by 15% resulting in a $4,600 per space fee Public Parking Fee Program 1) Increase fees in Public Parking Fee Area 1: West of Swinton by 15% and 2) Area 2, East of Swinton by 30% resulting, in $18,400 and $23,400 respective fee per space. LEGAL DEPARTMENT REVIEW The proposed ordinance was prepared by the City Attorney's office and it complies with all applicable laws. FINANCIAL DEPARTMENT REVIEW Finance recommends approval, except that fees for all areas east of Swinton Avenue should be increased to full market rate. Based on data in this memo, this would be a minimum of the Kinley -Horn 2010 estimated construction cost of $ 28,000 per space, increased to reflect costs at some future date at which the City's in -lieu garage spaces would plausibly be built. To this should be added the present value of future garage operating costs, offset by future garage revenue, if any. DISCUSSION This item is before Commission to consider an amendment to the Land Development Regulations (LDR) by amending Article 4.6, "Supplemental District Regulations ", Section 4.6.9, "Off- Street Parking Regulations ", Subsection (E), "Locations of Parking Spaces ", Sub- Subsections (3), "In -Lieu Fee" and (4), "Public Parking Fee ", to reflect fee changes for same. TINHNG OF THE REQUEST While no immediate urgency exists for this item, staff would like the item heard as soon as practical to implement this long overdue text amendment. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 8076 &MeetingID =510 7/21/2014 Coversheet Page 4 of 4 Staff recommends approval of Ordinance No. 19 -14 on first reading and for the ordinance to be scheduled for Public Hearing at the next available City Commission Meeting. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 8076 &MeetingID =510 7/21/2014 w Q DC H w Y DC Q w Q w iC U Z 0 O m w w U') oc r-I U Z w Q DC Z w DC DC U O O O 00 N -U? O ko k O N Ul N N H J) O _ U Q m w O U (D O O m LL O c~n w Z O z O1 rn ko N (�O O 0 It:. N O 00 U') .N- -cn. � O O l0 -U? O O 00 O N -cn. O 0 o. H O O O l0 -cn. O O O 00 N -U? O O M� N O O 0 N -U? O O O 0 -cn. w Q _ U Q m w O U (D O O Z O Z LL O c~n w Z O z N N (�O 00 O 00 U') � Zt -cn. -cn. O O l0 -U? O O 00 O N -cn. O 0 o. H O O O l0 -cn. O O O 00 N -U? O O M� N O O 0 N -U? O O O 0 -cn. w Q _ U Q m w O U (D Q LL O cry Z O Z LL O c~n w Z O z N m ON mill 11 ■� Ii11 N'm 1 MR/A� i MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 21, 2014 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 ORDINANCE NO. 21 -14 (SECOND READING) BACKGROUND On July 15, 2014, the City Commission approved Ordinance No. 21 -14 on first reading. DISCUSSION This ordinance is before Commission for second reading to consider amending Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (A)(1), "Retirement Committee Established ", to require the Chief Financial Officer or Treasurer to be a member of the general employee's retirement committee. RECOMMENDATION Staff recommends approval of Ordinance No. 21 -14 on second and final reading. ORDINANCE NO. 21 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (A)(1), "RETIREMENT COMMITTEE ESTABLISHED ", TO REQUIRE THE CHIEF FINANCIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to require the Chief Financial Officer or Treasurer to serve on the General Employees Retirement Committee to provide for some flexibility in case the Chief Financial Officer is unable to serve. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (A)(1), "Retirement Committee Established ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 35.105. ADMINISTRATION BY RETIREMENT COMMITTEE. (A) [Retirement Committee Established.] (1) The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of five (5) members. One member shall be the F:ftftftee Pireefe) Chief Financial Officer of the City. If the Chief Financial Officer cannot serve for any reason. the Treasurer of the C4: will take his or her place. The City Commission shall appoint four (4) additional members, three (3) of whom may, but need not, be employees of the City and one that may, but need not be an employee of the City or the Mayor or City Commissioner. Each appointed member shall serve until a successor is appointed in like manner. (2) An individual member of the Committee may resign by delivering his written resignation to the City Commission and to the other members of the Committee. The City Commission may remove an individual member of the Committee by so notifying the member and other Committee members, if any, in writing. Vacancies on the Committee shall be filled by City Commission appointment. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 21 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice D. Rustin, Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: July 11, 2014 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF JULY 15, 2014 ORDINANCE NO. 21 -14 Page 1 of 1 BACKGROUND The attached Ordinance No. 21 -14 amends the membership requirements of the General Employees Retirement Committee to require either the Chief Financial Officer or the Treasurer to serve on the committee. This change is made to provide for some flexibility in case the Chief Financial Officer is unable to serve. This change also acknowledges that the title of "Finance Director" has been changed to "Chief Financial Officer." LEGAL DEPARTMENT REVIEW This item complies with all applicable rules and laws. DISCUSSION The item before the Commission is a request for approval of Ordinance No. 21 -14 amending the membership requirements of the General Employees Retirement Committee to allow for either the Chief Financial Officer or the Treasurer to serve on the committee. RECOMMENDATION The City Attorney's office recommends City Commission approval. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 8185 &MeetingID =510 7/21/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: July 11, 2014 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF AUGUST 5, 2014 CDBG ANNUAL ACTION PLAN (FY2014 -2015) BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local planning documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local plan submission and requires that each municipality submit an Annual Action Plan each fiscal year. Citizen participation is integral to the development of the Annual Action Plan. Grantees are required to provide at least two public hearings per year to obtain the public's views and to respond to proposals and questions. The first meeting was held at the City's Community Center on May 29, 2014. The public hearing was advertised in the May 15, 2014 issue of the Palm Beach Post. The second public hearing was advertised in the June 29, 2014 issue of Palm Beach Post. Any comments received from the public, which are not accepted, must be summarized and included in the final plan as an attachment. The City did not receive any reportable comments. The plan and proposed budget is unanimously supported and approved as presented. The attached Annual Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the needs delineated in the Five -Year Consolidated Plan. The City's CDBG entitlement for FY 2014 -2015 will be $404,964 and has been categorized by the following objectives: PROGRAM ADMINISTRATION: General management, oversight and coordination of the CDBG program & NS Division $ 80,992 HOUSING: Owner- Occupied Housing Rehabilitation $263,228 PUBLIC SERVICE: $ 60,744 Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consolidated Plan and are subject to a 15% cap of annual allocation. TOTAL CDBG FY2014 -2015 BUDGET: $404,964 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before Commission is to approve the FY 2014 -2015 Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. OPERATING COST Community Development Block Grant (CDBG) $404,964 TIMING OF THE REQUEST This item is time sensitive; the plan must be submitted to the Department of Housing and Urban Development (HUD) by August 15, 2014. RECOMMENDATION Staff recommends approval and execution of the attached Annual Action Plan. Community Development Block Grant (CDBG) Consolidated Annual Action Plan Fiscal Year 2014 -2015 Cary D. Glickstein, Mayor Shelly Petrolia, Vice Mayor Jordana Jarjura, Deputy Vice Mayor Adam Frankel, Commissioner Al Jacquet, Commissioner Terry Stewart, Interim City Manager City of Delray Beach Community improvement Department Neighborhood Services Division 100 NW 1St. Avenue Delray Beach, Florida 33444 Lula Butler, Director, Community Improvement Department Ferline Mesidort, Neighborhood Services Administrator vk N SF424 G � t�, The CPMP Annual Action Plan includes the SF 424 and Narrative Responses to q of Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must DES respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Complete the fillable fields (blue cells) in the table below. The other items are pre - filled with values from the Grantee Information Worksheet. Date Submitted 08/15/14 Applicant Identifier Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ® Non Construction ❑ Non Construction Applicant Information City of Delray Beach FL120732 DELRAY BEACH Street Address - 100 NW 1st Avenue Or anizational Duns 07- 7283737 Street Address Line 2 Organizational Unit City Delray Beach Florida Department - Community Im rovement Zip -33444 Country - U.S.A. Division - Neighborhood Services Employer Identification Number (EIN): County - Palm Beach Program Year Start Date - 10/01/2014 Applicant Type.. Specify Other Type if necessary: Local Government: City Program Funding U.S. Department of Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles Housing Rehabilitation; Economic Development; Public Service; Demolition; Administration Description of Areas Affected by CDBG Project(s) CDBG Tar et Area $CDBG Grant Amount $404,964 $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $ 177,660 NSP $Additional State Funds Leveraged $282,275 SHIP $Locally Leveraged Funds $104,610 CRA (NSP, Curb Appeal) $Grantee Funds Leveraged $149,430 UDAG Repayment, Delray Beach General Fund $Anticipated Program Income Other (Describe) Total Funds Leveraged for CDBG -based Project(s) $ 1,118,939.00 Horne Investment Partnerships Program . 14.239 HOME HOME Project Titles Description of Areas Affected by HOME Project(s) $ HOMIE Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged Fifth Program Year 1 City of Delray Beach FY2014 --2015 Consolidated Annual Action Plaid $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOME -based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA P $HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA -based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional Districts of; 19, 22, & 23 Is application subject to review by state Executive Order 12372 Process? Applicant Districts I Project Districts 19 Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation, ❑ Yes This application was made available to the state EO 12372 process for review on DATE ❑ No Program is not covered by EO 12372 El ®No ® N/A Program has not been selected by the state for review Person to be contacted regarding this application Ferline F. Mesidort Neighborhood Services Administrator 561 -243 -7282 561- 243 -7221 Mesidort bm delra beach.com www.mydelraybeach,com Lula Butler, Dir. of Community Improvement Signature of Authorized Representative ,Terry Stewart, Interim City Manager Date Signed Fifth Program Year 2 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan Narrative Responses Executive Summary The U.S. Department of Housing and Urban Development (HUD) requires that all Community Development Block Grant (CDBG) Program recipients develop an Annual Action Plan component of the five -year Consolidated Plan each year. The Plan serves as the application of funding for the CDBG program and describes the activities that will be undertaken during the next fiscal year. Activities are selected for funding in accordance with the priorities established in the 2010 -2015 Consolidated Plan and in accordance with the primary objectives of the CDBG program which are to 1)create suitable living environments 2)provide decent housing and 3)create economic opportunities. 2014- 2015 CDBG funds have been categorized into the following activities: Activity Proposed Funding Administration (subject to 20% Cap) $ 80,992 Housing Rehabilitation; Single -Unit Residential $ 263,228 Public Service subject to 15% Ca $ 60,744 Total: $ 404,964 General Questions 1, Describe the geographic areas of the jurisdiction (including areas of low income families and /or racial /minority concentration) in which assistance will be directed during the next year. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Action Plan General Questions response: Geographical Distribution & Raflonpip for Assigning Priorities One hundred percent of activities funded in the 2014 -2015 Annual Action Plan focus on the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Blvd. (south) and from Interstate 95 (west) to U.S. 1 (east). This area includes the downtown business district and twenty - eight residential neighborhoods, The majority of the City's minority and low- to moderate- income population is concentrated within the 728 acres that make up this residential core. The area contains approximately 4,384 dwelling units, including single - family, duplex, and multi - family units. A variety of affordable housing units have come on line within the designated target area over the past 10 years including two owner - occupied single family subdivisions, 175 new infill single family units, six CODA units: two owned by Delray Beach Community Redevelopment Agency (CRA) and four by Community Land Trust (CLT), 57 lessees, three (3) rental, and two (2) lease purchase CLT properties, two (2) Eagle's nest homes through the partnership of the City, CRA and Atlantic High School's Construction Academy, 20 workforce town homes and 542 affordable rental units. Fifth Program Year 3 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan Meeting Underserved Needs In 2014 -15, the City of Delray Beach will continue providing funding for a variety of housing and community development projects and programs designed to meet the diverse needs of its citizens, On an on -going basis the City is involved with numerous initiatives and has forged successful partnerships with key agencies to provide a wide array of services to residents in need. The Neighborhood Resource Center which opened in August 2006, continues to uphold its mission by enriching the quality of life of City residents and promoting a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. During program year 2014 -15 the NRC office space will continue to serve as home to agencies such as the Delray Beach Community Land Trust, CROS Ministries /Caring Kitchen, Department of Children and Families, Legal Aid of Palm Beach County, Goodwill and Faith, Hope Love Charities as well as one (1) City funded Neighborhood Services staff position. The City is seeking to expand the NRC in 2014 -15 to provide additional services within the CDBG target area. The City will continue to utilize its unique network of homeowners associations to foster communication between the City and the neighborhoods at the resident level. In doing so the Community Improvement Department can gain important feedback and citizen input from the residents themselves and overcome obstacles as they present themselves. Resources Availablp tQ Address Identified Needs During the 2014 -15 program year, the City of Delray Beach will continue to implement its 2010 -2015 Five -Year Consolidated Plan. CDBG program funds will be enhanced through leveraging of other Federal dollars, State and Local resources as well as private funds. The City expects to receive the following funding: Funding Source: Amount: CDBG Entitlement Funds $ 404,964 Neighborhood Stabilization Program (NSP) $ 177,660 (approx.) Delray Beach Community Redevelopment Agenc NSP $ 104,610 (approx.) Revenue from Urban Development Action Grant (UDAG) repayment - in support of local Neighborhood Programs $ 149,430 Children's Services Council CSC $ TBD Section 8 Funds HnusingAssistance Payments (HAP) $697,164 in Administrative Fee ta 251/o funding reduction $11,466,900 Total: $12,303,564 Because this is the fifth year of a 5 -year Plan, a majority of the narrative responses required for the Action Plan mirror the narrative responses for the 5 -Year Strategic Plan. Accordingly, under each of the narrative headings, we will refer back to answers contained in the Strategic Plan or, as appropriate, provide a specific response regarding the City's intentions for fiscal year 2014. Activities and programs funded focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from lake Ida Road (north) to Linton Boulevard (south), and from Interstate 95 (west) to U. S. 1 (east). This area includes the downtown business district and twenty -eight residential neighborhoods. The majority of the City's minority and low - income population is concentrated within the 728 acres that make up the residential core. The area contains approximately 4,384 dwelling units, including single family, duplex, and multi - family units. Two (2) affordable housing projects, Allamanda Gardens, consisting of thirty -six single family unit and Swinton Gardens, an 11 unit single - family development, and three (3) workforce housing developments, Swinton Square consisting of 20 mixed - residential family units, Auburn Trace consisting of 264 mixed residential units and Village at Delray consisting of 192 mixed residential units are located in the target area. Fifth Program Year 4 City of Delray Beach FY2014 -2.015 Consolidated Annual Action Plan The activities that will be implemented with fiscal year 2014 -15 funds have been developed to address the priority needs, strategies and objectives identified in the 2010 -2015 Consolidated Plan. The general priorities as stated in the five -year plan are to: 1. To improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2. To eliminate conditions detrimental to the health, safety, and welfare of citizens within the City; and 3. To encourage private investment and economic growth in eligible neighborhoods. In 2014 -15, the City of Delray Beach will continue to provide funding for an array of community development projects and programs designed to meet the various and diverse needs of its citizens. On an on -going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our residents. The City will continue using its unique network of Homeowners /Neighborhood Associations to foster communication throughout the City at the neighborhood and resident level. Through this system, each obstacle is addressed as it presents itself to the City and the Community Improvement Department. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Action Plan Managing the Process response: The City of Delray Beach is an Entitlement City that receives funding from HUD through the Community Development Block Grant program. The City's Community Improvement Department/ Neighborhood Services Division is responsible for overseeing the development of the Consolidated Plan and for implementing the CDBG program. The City provides technical assistance to individuals, businesses, and sub - recipient agencies participating in the CDBG program and works with them in developing, coordinating and implementing programs to serve the needs of the community. In addition the City continues its effort to streamline services and avoid duplication, maximizing overall resources and results. Neighborhood Services staff developed the Year 5 Action Plan through analysis of demographic data, consultation with community groups and concerned citizens, meeting with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, Achievement Centers for Children and Families, CROS Ministries/ Caring Kitchen, The Palm Beach County Department of Housing and Community Development, Homeless Coalition for Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Families First, Delray Beach Community Land Trust, Legal Aid Society of Palm Beach County, Goodwill Industries; Faith, Hope Love Charity, City of Delray Beach Planning and Zoning Department, and The Affordable Housing Advisory Committee, All 37 neighborhood association presidents from the CDBG target area were encouraged to attend meetings and participate in the Action Plan process. Fifth Program Year 5 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan Information was extracted from the following sources: US Department of HUD, 2000 census, Palm Beach County Housing and Community Development Division, City of Delray Beach local Housing Assistance Plan, and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The .City continues to have working relationships in place with many of the partners listed above. joint planning activities occur on an on -going basis to develop collaborative projects and initiatives consistent with the community's objectives. The City provides direct funding for many of the programs and services provided by partner agencies and are directly involved in the monitoring and oversight of those programs and activities. The City has worked very closely with the Delray Beach Housing Authority, Delray Beach Community Redevelopment Agency and the Delray Beach Community Land Trust to plan and put into action several affordable housing projects and initiatives. The City meets regularly with key members from these agencies, and has formed joint planning committees and task forces to develop specific plans to address the area's most pressing housing needs. Among the continuing initiatives being implemented are a redevelopment plan for the City's former public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE Relations initiative, Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 1 Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non - English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department /Neighborhood Services Division. The Division is responsible for administering the City's community development and neighborhood services programs, develops and manages several agreements with outside agencies to provide housing and social services to residents throughout the City. For the past several years the City has been engaged in vital planning initiatives with citizens, non - profit organizations, and other community stakeholders to improve housing, social services, economic development, and livability conditions throughout Delray Beach. Fifth Program Year 6 City of Delray Beach FY2O14 -2015 Consolidated Annual Action Plan Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been working to create opportunities for ongoing stakeholder involvement including: The West Atlantic Redevelopment Coalition (WARC) - a planning body consisting of representatives from all of the neighborhood associations and community organizations located on west Atlantic Avenue and the Affordable Housing Advisory Committee (AHAC) - a governing body that recommends specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. A Needs Assessment Meeting was held at the Community Center on May 29, 2014, This allowed for a presentation of the proposed plan and the opportunity to provide input. As required by HUD, a public hearing is to be held on August 5, 2014 to obtain citizen input for the Action Plan. In addition to advertising the public hearing with 15 days prior notice, neighborhood associations, public agencies and other interested parties were notified by memo of the date, time, and location of the public hearing. The City also adverstised that the plan was available for a 30 day public comment period from 6/29/14 - 7/31/14 at City of Delray Beach Community Improvement Neighborhood Services Division and website, Delray Public Library and the Delray Beach Neighborhood Resource Center. The draft plan was also available online at www.mydelraybeach.com during the 30 day comment period, Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Action Plan Institutional Structure response: The Year 5 Action Plan is to be carried out through a network of public, private, and non - profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the Community Land Trust/ Purchase Assistance Program, as well as the number of foundations and non -profit agencies in the community actively participating in a variety of activities benefiting the community. CDBG Program funds in the total amount of $404,964 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized to address identified needs. 2014 -2015 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner -Occupied Housing Rehabilitation (HR) Program Providing for the substantial rehabilitation of approximately six (6) owner - occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full -time positions). All program participants must be determined income - eligible in order to receive assistance. A waiting list of approximately six months to one year currently exists. The primary goal of this program is to enable income- eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. CDBG Program Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. Fifth Program Year 7 City of Delray Beach FY2014 -201 a Consolidated Annual Action Plan Funds in support of subsidized childcare services and after school care for low and moderate - income persons (limited clientele beneficiaries). Allocation serves to offset direct program delivery costs at the childcare center. Funds to support the provision of fair housing education and counseling and to provide unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services as well as fair housing education and counseling through workshops and seminars /sessions. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's Section 8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven - member Commissioners for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). The City Commission has supported the DBHA in the past by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 20 years. This provides program continuity and stability. The City will continue to implement the Neighborhood Stabilization Program funds to purchase, repair and sale or provide for rental, single- family homes for very -low to moderate income households. The City will continue to work in partnership with the Delray Beach Community Land Trust and Delray Beach Housing Authority. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long -term compliance with program requirements and comprehensive planning requirements. Action Plan Monitoring response: See Strategic Plan narrative. During the 2014 -1S program year, the City of Delray Beach will continue to conduct random on -site monitoring visits to selected housing rehabilitation projects from the past 12 -18 months. Additionally, the Division conducts on site visits to each public service subrecipient every other year to ensure compliance with all federal regulations and City policies. Monitoring visits have been conducted in 2013 to all CDBG sub - recipients from the period of 2012 -2013 fiscal year. In addition, all documentation pertaining to subrecipient activities and monitoring is retained at the Neighborhood Services Division. Files include site visit reporting, before and after condition assesments and evaluations of measurable results. Fifth Program Year 8 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan Lead -based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead - safe housing available to extremely low - income, low- income, and moderate - income families. Action Plan Lead -based Paint response: HUD lead based paint regulations are applicable to rehabilitation activities that are funded under the CDBG program. During FY 2014 -2015, the City will continue to implement its housing related activities in a manner which assesses lead -based paint risk throughout the target area. When providing assistance under housing programs, the City consistently provides all clients and potential clients with the "Lead -Based Paint" pamphlet that describes hazards of lead -based paint. When lead is detected in items to be disturbed by rehab or on mouthable surfaces, the work -write up incorporates measures for contaminated areas. This involves qualified contractors using safe lead practices. After rehab is completed in such units, a clearance test is performed to ensure the home is lead -free. Specific Housing Objectives *Please also refer to the Housing Deeds Table in the Needs.xls workbook. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Action Plan Specific Objectives response: See Strategic Plan narrative. The City's primary focus over the next year will continue to be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately 10 substantial housing rehabilitation projects, at least 4 of which will be committed to homeowners at or below 50% of the area median income. A combination of CDBG and CRA funds will be used to fund the City's housing objectives. The City also plans to purchase, repair and resell 2 additional bank - owned foreclosure homes using Neighborhood Stabilization Program and CRA funds. This will increase the affordable housing stock within the City and stabilize neighborhoods potentially in decline due to foreclosure. Federal, State and Local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive funds for housing objectives from the following sources: Resources for Housing Objectives: Funding Source: Amount: CDBG Entitlement Funds $ 263,228 State Housing Initiatives Partnership SHIP $ 60,000 Residential Construction Mitigation Pro ram RCMP $150,000 Fifth Program Year 9 City of Delray Beach FY 014- x.01.5 Consolidated Annual Action Plan Neighborhood Stabilization Program (NSP) $177,660 (approx.) Delray Beach Communi Redevelopment Agency CRA) $200,000 a rox. Total: $ 850,888 All of the City's housing programs are available to eligible very low -, low -, and moderate - income families and households. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Action Plan Public Housing Strategy response: See Strategic Plan narrative. The City works very closely with the Delray Beach Housing Authority (DBHA) which currently manages the City's Section 8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven- member Commissioners for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 20 years. This provides program continuity and stability. Through the Section 8 Housing Choice Voucher Program, DBHA continues to provide housing subsidies to 1148 families including 52 families from other Housing Authority jurisdictions who utilized the portability aspect of the Voucher Program. Additionally, support services are provided to 45 families through our Family Self - Sufficiency program, a case - management effort designed to reduce participants reliance upon public assistance, including housing subsidy. Through the FSS program, more than 30 families have attained homeownership while most of the current participants remain in some stage of preparation for homeownership, including credit repair and /or workforce development. DBHA entered into land -lease agreements with the developer partnerships (Roundstone and DHG) known as Village Square Elderly, LLC, Village Square Family, LLC and a yet to be named third single family For -Sale developer entity. On February 12, 2013, the Village Square Family LLC closed on financing for a 9% Tax Credit- financed affordable housing development. Construction of the 144 - unit family development is expected to be complete by August 2014. Village Square Elderly will be financed, an 84 -unit Senior Housing community will be financed by 4% Tax Credits, bonds and local Community Redevelopment Agency grants and loans and will utilize Project -Based Section 8 as Fifth Program Year 10 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan further subsidy upon occupancy. Construction is expected to begin by July 2014. Phase 3 is to be developed at a future period not yet determined. This final phase will include both detached single family and attached two - family units to be sold to low - income homebuyers. Consistent with the agency's approved Replacement Housing Plan, DBHA is utilizing its first of two 5- year allocations of Replacement Housing Factor funds to acquire and rehabilitate units scattered throughout its jurisdiction. Five units, including two donated by the Community Redevelopment Agency have been acquired and rehabilitated to house extremely low- income families as part of the Authority's Public Housing program. DBHA purchased six (6) single family and one (1) duplex at $10 /unit from the City of Delray Beach that will be used to house families at or below 50% of the median income. Five of the units are currently occupied. Staff is planning the rebuilding of the 611, unit due to severe fire damage. As part of the destruction of the former Public Housing site, DBHA lost its permanent office space as well. Plans have been developed and approved by governmental permitting entities to construction a 14,000 square foot mixed used building to house DBHA operations, FSS, and 3 Public Housing Units. Due to the economic downturn, the project has been placed on hold until such time it can be financed. Fees and lease payments earned through the redevelopment of the former public housing site, now known as Village Square, will be used to construct the $1.9 million LEED certified project. Barriers to Affordable Housing Describe the actions that will take place during the next year to remove barriers to affordable housing. Action Plan Barriers to Affordable Housing response: Eliminating barriers to affordability has been the primary objective of the Community Land Trust program since its inception in 2006. In July 2006 of that year the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into a Sub - recipient Partnership Program with the Community Land Trust (CLT) for the purpose of creating affordable homeownership opportunities. Under the Sub- recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During the 13 -14 program year, one (1) low income household was assisted through our a traditional Purchase Assistance format. We will continue to support this component with additional SHIP funds. The City will continue to purchase foreclosed properties and rehab for resale through the use of Neighborhood Stabilization Program funds for affordable homeownership opportunities within the CDBG and NSP target areas. The City currently utilizes its Workforce Housing Ordinance in an effort to create additional affordable and workforce housing throughout the City. The ordinances relax some regulatory zoning restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program in 2007 to include additional RM zoned areas throughout the City. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). Fifth Program Year 11 City of Delray Beach FY2O14 -2015 Consolidated Annual Action Plan 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must; a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long -term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. if the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Action Plan HOME /ADDI response: Unfortunately, the City does not receive HOME /ADDI funds. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xis workbook. Sources of Funds— Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney -Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly -owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. Fifth Program Year 12 City of Delray Beach FY2014 -201 5 Consolidated Annual Action Plan 2, Homelessness —In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness —The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention ---The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. S. Discharge Coordination Policy — Explain planned activities to implement a cohesive, community - wide Discharge Coordination Polity, and bow, in the coming year, the community will move toward such a policy. Action Plan Special Needs response: Palm Beach County's Continuum of Care (CoC) is known as the Homeless and Housing Alliance (HHA). The Division of Human and Veteran Services (DHS) serves as the Lead Agency for the HHA, which is governed by an Executive Committee consisting of nine (9) members: two (2) funders, one (1) formerly homeless individual, one (1) Domestic Violence Service Provider, one (1) Homeless Family Service Provider, one (1) Homeless Individual Service Provider, one (1) Faith Based Service Provider, the Chair of the HMIS Oversight Committee, and one (1) Veterans Service Provider The HHA oversees and coordinates the Continuum of Care Planning Committee and all its sub- committees. The HHA collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Homeless & Housing Alliance Executive Committee, Homeless & Housing Alliance General Monthly Meeting and HHA Sub- Committees: HMIS Oversight Committee, Housing Inventory /Unmet Needs Committee, Standard Policies and Procedures Committee, Membership Committee, Non - Conflict Grant Review Committee, Point -In -Time Committee, Veteran's Coalition and Homeless Resource Center Workgroup. In PBC, a Homeless Resource Center (HRC) opened in July 2012 to serve as the central point of access. HHA utilized a Universal Application & Universal Assessment to ensure consistent data collection & assessments. After the first year, HHA determined the current assessment tool was not as effective in establishing the most appropriate housing placement & did not clearly serve to determine who was most in need of services. After researching assessment tools, the HHA determined the Service Prioritization Decision Assistance Tool (SPDAT) appeared to be more objective and effective in prioritizing service needs. The HHA adopted the SPDAT tool in November 2013 as the objective method for determining appropriate placement and service prioritization. SPDAT training began in January 2014 & utilization began immediately following training. The Continuum of Care system utilizes a county -wide Homeless Management Information System computer database accessible to all service providers. The HMIS ensures all homeless service providers are collecting universal data which allows statistical analysis of existing programs as well as to assist the HHA to determine unmet needs or gaps in service delivery. A countywide one day "point -in- time" count was conducted by the Homeless and Housing Alliance in FY2013. During this period, 2,509 individuals and families were homeless in Palm Beach County. Of that number, 966 individuals and families were reported to be "doubled -up." The term doubled -up is typically defined as an individual or family seeking permanent housing, but temporarily living in a housing unit with extended family, friends, and other nonrelatives due to economic hardship, loss of housing, or a similar reason. A total of 1,543 were identified as homeless according to the federal Fifth Program Year 13 City of Delray Beach FY2014-2015 Consolidated Annual Action Plan definition of homelessness. It was reported that they were living in places not meant for human habitation, emergency shelters or transitional housing programs. The report showed 42 unsheltered homeless individuals in Delray Beach, or 4.4% of the total counted in the County. Eight (8) of the reported unsheltered homeless individuals were located within the 33444 zip code and CDBG target area. (Source: Palm Beach County Homeless Continuum of Care Point -in -Time Homeless County, Noon January 23, 2013 - noon January 24, 2013)." CROS Ministries operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area. In 2013 the Caring Kitchen reported serving an estimated 82,849 meals to the homeless, seniors and people of low income. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. The facility also provided support in the way of basic needs and services or referrals to 15,888 individuals, The food pantry in Delray Beach, also operated by CROS Ministries, provides groceries for homeless and low- income individuals while they are pending food stamps or in other crises. Of the total 9,719 persons who received food from this pantry location in 2013, 3,917 of them were children. CROS volunteers also assisted over 1,908 people to apply to for government benefits such as food stamps, Medicaid and temporary cash assistance from the Neighborhood Resource Center location. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA, for the period 7/1/13- 5/30/14 AVDA sheltered 327 people, 131 of whom were children. 11 adults and 3 children were from the City of Delray Beach. Detailed demographic data on the homeless subpopulation is not available for Delray Beach specifically, or on the extent of homelessness by racial or ethnic group but is provided through county -wide reporting by the Palm Beach County Homeless Continuum -of -Care. Emergency Shelter Grants (ESG) Unfortunately, the City does not receive ESG funds Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non - housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 213), public facilities, public improvements, public services and economic development. Identify specific long -term and short -term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate- income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e,, one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Fifth Program Year 14 City of Delray Beach FY2014 -2015 Consolidated Annul Action Plan Action Plan Community Development response: The City of Delray Beach's priority needs objectives are as follows: A description of the activities and specific goals are included in the project charts. A summary listing of activities and the Consolidated Plan priority need addressed by each appears below {please note that "CD" stands for Community Development): Amount of Proposed Priority [Need Objective Activity Funds CD Objective 1: Funds provided for the Administration $ 80,992 overall administration of the CDBG Micro Enterprise Loan Fund $ 0 program and Neighborhood Services Division CD Objective 2, Public Service Agency 1 Child Care Services TBD Enhance the safety and livability of low income neighborhoods by addressing the needs of child care Public Service Agency 2 Fair Housing TBD Provide Fair Housing Education & Outreach services CD Objective 3: Public Facilities & Public Facilities & $ 0 Improvements - Utilize CDBG funds to Improvements install Public Facilities and Improvements located within the CDBG target area including but not be limited to the construction or installation of infrastructure improvements such as streets, street resurfacing, curbs, water /sewer lines and /or sidewalks. Housing Objective 1: Conserve the Housing Rehabilitation; $ 263,228 existing affordable housing stock Single Unit Owner- Occupied Housing Objective 2: Provide Fair Housing Fair Housing [Included in Public Education & Outreach services Service bud et Total Allocation: $404,964 A description of the activities and specific goals are included in the project charts. A summary listing of activities and the Consolidated Plan priority need addressed by each appears below {please note that "CD" stands for Community Development): See Strategic Plan narrative for specific long- and short -term community development objectives. Fifth Program Year 15 City of Delray Beach Amount of Priority Need Objective Activity Proposed Funds CD Objective 1: Utilize CDBG funds to Micro Enterprise Loan Fund $ 0 provide businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. See Strategic Plan narrative for specific long- and short -term community development objectives. Fifth Program Year 15 City of Delray Beach FY2014 -2015 Consolidates! Annual Action Plan Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Action Plan Antipoverty Strategy response: See Strategic Plan narrative. The goals, objectives and actions outlined in the 2010 -2015 Consolidated Plan and in this 2014 -2015 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. 'Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation was submitted the 2013 - 2016 Local Housing Assistance Plan (LHAP) prepared by the City's Neighborhood Services Division. The LHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self- Sufficiency (FSS) Program serves as an anti- poverty tool. The program provides a holistic approach to service delivery that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance, A family- centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted 22 families in obtaining homeownership. In addition, the DBHA applies for Section S rental assistance whenever HUD makes funds available, Both the City and the DBHA follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low- income persons. This has the potential of reducing poverty. The City is the fiscal agent for grant funds from Children's Service Council which partners with two non - profit agencys, Achievement Center for Children and Families and Families First to carry out approved services. This grant facilitates services provided by the Beacon Center at 'Village Academy Elementary School, a public deregulated neighborhood school located within the CDBG target. Beacon Centers, which targets low income residents, are partnerships between the local government, schools, community -based organizations and community leaders. Beacons provide academic, social, recreational and culture actititivies for both the child and family to create supports leading to optimal development of the child, healthy family functioning and building the capacity of the neighborhood in which it is located. Fifth Program Year 16 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan Non - homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Nan- homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Action Plan Specific Objectives response: The City hopes to meet the Special Needs population during the next year, through its holistic approach to community development. Through its partnership with the Delray Beach Community Land Trust and DBHA, the City will continue to provide increased housing opportunities for households receiving public assistance. Accessibility for the disabled will continue to be addressed as a component of the City's housing rehabilitation program. Funding provided to small businesses for economic development activities will require job creation for low- income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the DBHA, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home. Housing Opportunities for People with AIDS Unfortunately, the City does not receive HOPWA funds. Include any Action Plan information that was not covered by a narrative in any other section. In the near future, the City will seek to expand the Neighborhood Resource Center located within the CDBG target area. Through the NRC the City will look for ways to enhance workforce, job creation and other services to low -to- moderate individual and households. This project will be leveraged with additional funding from the Delray Beach Community Redevelopment Agency (CRA). The City is working in partnership with the CRA to create a micro enterprise revolving loan fund utilizing CDBG funds to assist with business and job creation opportunities in the CDBG target area. The initiative will allow for much needed micro enterprise funds for loans ranging from $254 to $100,000. Funding for this initiative will reallocate previous year CDBG funds and will be leveraged with CRA funds. CDBG Program funds in the total amount of $404,964 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized Fifth Program Year 17 City of Delray Beach FY2014 -2015 Consolidated Annual Action Plan to address identified needs. 2014 -2015 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner-Occupied Housing Rehabilitation HR Program Providing for the substantial rehabilitation of approximately six (6) owner - occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full -time positions). All program participants must be determined income - eligible in order to receive assistance. A waiting list of approximately six months to one (1) year currently exists. The primary goal of this program is to enable income - eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. CDHG Program Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consolidated Plan and are subject to a 15% cap of annual allocation, All proposed activities serve low and moderate - income persons: • Funds in support of subsidized childcare services and after school care for low and moderate - income persons (limited clientele beneficiaries). Allocation serves to offset direct program delivery costs at the childcare center. • Funds to support the provision of fair housing education and counseling and to provide unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services as well as fair housing education and counseling through workshops and seminars /sessions. Fifth Program Year 18 City of Delray Beach ePMP Version 2.❑ Grantee Name: City of Defray Beach Project Name: Adrninistrat'rorl Description: JUOG code: I FL120732 DELRAY BEACH These funds will be used for program management, coordination, monitoring , and evaluation of the CDBG program in 2014 -2015 and the overall admPnistration of the Neighborhood Services Division. Location: Priority Need Category 100 NW 1st Avenue Delray Beach, Fk 33444 Select one: j Planning/Administration Explanation: Expected Completion Date-, 9/30 2015 �Q Decent Housing O Suitable Llvinp Environment (D Economic Opportunity Specific Objectives Outcome Categories Q Availability/Accessibility 0 Affordability © Sustalnabi €ity 11 v 2 Accompl. Type: v Proposed y c Underway Complete Underway 7 N Complete E Accompl. Type: v Proposed Accompl. Type: v Proposed VI Underway Underway •o Complete Complete m u Accompl. Type: v Proposed Accopl. Type: w Proposed U Underway a Underway Cam plete I IcGmplete Proposed Outcome Performance Measure Actual Outcome 21A General Program Administration 576.206 v Matrix Codes Matrix Codes v Matrix Codes Matrix Codes a Matrix Codes CD13G v Proposed Amt. $ 111,310 Fund Source: v Proposed Amt. �+ Actual Amount $ 30,386 Actual Fund Source: v' Fund Source: v Proposed � o Actual a Accompl. Type? v Proposed Units Accompl. Type: v Proposed o Actual Units Actual a Accompl. Type: v Proposed Units Accompl. Type: v Proposed Actual Units Actual Fund Source: v Proposed Amt. $ 104,720 Fund Source: w Proposed ry Actual Amount $ 99,246 Actual y n Fund Source: + Fund Source: v Proposed Amt, Actual Amount E � y Accompl. Type: v Proposed Units Accompl. Type: v Proposed Units a o Actual Units Actual a' Accompl. Type: v Proposed Units Accompl. Type: v Proposed Actual Units Actual Fund Source: v Proposed Amt, $ 82,628 Fund Source: v' Proposed ri Actual Amount $ 48,576 _ Actual m m Fund Source: v Fund Source: - v' Propo m Actual N Accompl, TypeT + Proposed Units Accompl. Type: v Proposed o Actual Units Actual a Accompl. Type: v Proposed Units Accompl. Type; v Proposed Actual Units Actual Fund Source: + Proposed Amt. $ 82,711 Fund Source; v Proposed Actual Amount $ 37,334 Actual a Fund Source: v Proposed Amt. Fund Source: v Proposed % CvMp Ve js 2.1 Grantee Name: City of Delray Beach Project Name: JSW le Family Owner -0GCU led Housin Rehilit abation Description: Xii proiect #: Uoc code: rH20732 DE€_PAY BEACH Forgivable loans are provided to low- moderate income owner - occupied households to maintain their properties in a decent, safe, and sanitary condition. Funds are provided as a deferred, no- Interest forgivable loan. Amounts are limited to $37,000 per unit (subject to change per program guidelines), Funds are provided for rehabilitation administration (Housing Rehab. Specialist and Housing Rehab Inspector). Location: Priority Need Category CDBG Target Area Select one: Explanation: Expected Completion Date: Conserve the existing affordable housing 5tock, 9/30 2015 O Decent Housing O Suitable Living Environment O Economic Opportunity 5 eciiic Objectives Outcome Categories 0 Availability/Accessibility ❑ Affordability 2I 5ustainablilty w C d v Proposed Number Underway units Complete units E t 'N 'o 41 E E v Proposed $ 180,356 Underway Proposed Amt. Complete Actual Amount L U QUnderway v Proposed ®r Complete -- v Preservation of affordable CPMP Number of housing units housing units Proposed Amt. improved Actual Amount $ 180,356 v Proposed Amt. l Actual Amount i v Proposed Units ®r v -- v Proposed Amt. $ 332,980 Actual Amount $ 174,978 $ 164,361 FY10 -11 g 205,636 E Proposed Amt, v' Proposed Amt. Actual Amount Proposed Units Actual Units M v Proposed Units is v HR Admin Actual Units 9 M O CL $ 109,065 v IV Proposed Units Actual Amount Actual Units Proposed Units' Actual Units v Proposed Amt. $ 265,351 Actual Units Actual Amount $ 166,856 $ 118,362 FY11 -12 $ 62,260 y E Proposed Amt. v Proposed Amt, Actual Amount Proposed Units f9 v Proposed Units 1s Proposed Units Actual Units 12 rA v Proposed Amt. HR Admin Actual Amount $ 156,100 O b v Proposed Units Actual Amount Actual Units v Proposed Units Actual Units v Proposed Amt. $ 268,654 M Actual Amount $ 167,719 FY12 -13 CD yr Proposed Amt. >. E Actual Amount — 2 s Proposed Units 10 Actual Units 7 m O 0. v Proposed Units Actual Units v Proposed Amt. $ 266,812 d, Actual Amount $ 246,618 i FY13 -14 M Y E M v v Proposed Amt. Actual Amount Proposed Units 10 Actual Units GI O � v Proposed Units Actual Units v Proposed Amt, $ 263,228 Lei Actual Amount 4 FY14 -15 0 >. E v Proposed Amt. Actual Amount w Proposed Units 6 ILC Actual Units CA O � v Proposed Units Actual Units Rehab 1 CPMP v m v HR Admin Proposed Amt. $ 162,982 Actual Amount $ 180,356 v Proposed Amt. Actual Amount v Proposed Units Actual Units v Proposed Units Actual Units w HR Admin Proposed Amt. $ 164,361 Actual Amount g 205,636 v Proposed Amt, Actual Amount v Proposed Units Actual Units Proposed Units Actual Units v HR Admin Proposed Amt. $ 124,021 Actual Amount $ 109,065 v Proposed Amt. Actual Amount v Proposed Units' Actual Units v Proposed Units Actual Units v - HR Admin Proposed Amt. $ 118,362 Actual Amount $ 62,260 v Proposed Amt. Actual Amount v Proposed Units Actual Units v Proposed Units Actual Units v Proposed Amt. HR Admin Actual Amount $ 156,100 v Proposed Amt. Actual Amount v Proposed Units Actual Units v Proposed Units Actual Units ccwa vest., 2 0 Grantee Name: City of Defray Beach Project Name: I Public Service - General Description: IRIS project #: UOG Code: IFL1207,32 DELRAY BEACH The objective is to improve and expand public service that address Senior Serv[CeS, Crime prevention, child care, youth services, fair housing counseling, recreational services, tenant landlord counseling and employment training. Location: Priority Need Category CDUG Target Area f -' -_ "- "- -_ -- — - — - - N Select one: j Puhlic Services �► Explanation: :xpected completion Date: The objective of the current five -year period is to improve and expand public service that address senior services, crime prevention, child care, youth services, fair housing counseling, recreational services, tenant/landlord counseling and employment training. /3o zai5 O Decent Housing OO Suitable Living Environment Q Economic Opportunity specific Objectives Outcome Categories ❑ Availability/Accessibility ❑ Affordability ❑ Sustalnability 1; Improve the services for low /med income persons s I Improve quality /increase quantity of public Improvements for lower income persons 2 3 Improve economic opportumdes for low - income persons Ni, Accompl. Type: v Ol People v Proposed y N Accompl. Type: ® Proposed o @ N Proposed Outcome Performance Measure Actual Outc Underway Improved access to public service that address senior sery ices, Crime; Inneohnn nn rhild Tara vn rh � Complete 05L child Care Sarvlces 570,201(e) v Matrix Cud% a7 d 7 Matrx aa; } M T W a R n w M YFund f�a t17 D 11 M M E r0 Cr O i R It GI } M Of a a Lf, V ¢i r M 6r O � R Public Sery General E t Accompl. Type: v Proposed Matrix y N Underwa Proposed Amt. o @ Complete Proposed Amt. a tai Accompl. Type; v Proposed Fund Source: w Proposed Amt. Underway Proposed Amt. Complete Actual Amount 01 People v Acxampl. Type: v Accompl. Type: v CPM P Proposed Outcome Performance Measure Actual Outc Improved access to public service that address senior sery ices, Crime; Inneohnn nn rhild Tara vn rh NUmber of IOW- Income children served 05L child Care Sarvlces 570,201(e) v Matrix Cud% 053 Fair Housing Activities (if CDBG, then subject to 570.261(e) 'v Matrix Codes Matrx aa; } M T W a R n w M YFund f�a t17 D 11 M M E r0 Cr O i R It GI } M Of a a Lf, V ¢i r M 6r O � R Public Sery General Codes v Matrix codes CDBG v Proposed Amt. $ 94,000 Fund Source: v' Proposed Amt. Actual Amount $ 94,000 Actual Amount Fund Source: w Proposed Amt. Fund Source: v Proposed Amt. Actual Amount Actual Amount 01 People v Proposed Units Accompl Type: 7 Proposed Units Actual Units Actual Units Ok Households Proposed Units Accompl Type: v Proposed Units Actual Units Actual Units CDBG v Proposed Amt. $ 78,540 Fund Source: v Proposed Amt, Actual Amount $ 78,540 Actual Amount Source: v Proposed Amt. Fund Source: v Proposed Amt. Actual Amount JACtual Amount Accompl. Type: v Proposed Units Acmmpk. Type: v Proposed Units Actual Units Actual Units Accompl, Type: v Proposed Units AcrompE. Type: v Proposed Units Actual Units Actual Units CDBG w Proposed Amt. $ 89,420 Fund Source: v: Proposed Amt. Actual Amount $ 89,410 Actual Amount Fund Source: v Proposed Amt. Fund Source: v Proposed Amt. Actual Amount Actual Amount Accompl. Type: v Proposed Units Accompl. Type: v Proposed Units Actual Units Actual Units Accompl. Type: v Proposed Units Accompl. Type: w Proposed Units Actual Units Actual Units CDBG v Proposed Amt. $ 62,033 Fund Source: v Proposed Amt. Actual Amount Actual Amount Fund Source: w Proposed At. m Fund Source: v m Proposed At. Actual A mount Actual Amount Accompl, Type: v Proposed Unitr A[mmpl, Type: v Proposed Units Actual Units Actual Units Accompli Type: v Proposed Units Accompl. Type: v Proposed Units Aotual Units Actual Units CDBG - ► Proposed Amt. $ 60,744 Ford Source: w Proposed Amt. Actual Amount Actual Amount Fund Source: w Proposed Amt. Fund Source: v Proposed Amt. Actual Amount Actual Amount Accompl. Type: w Proposed Units Accompl. Type: v Proposed Units Actual Units Actual Units Accompl. Type: v Proposed Units Accompl. Type: v Proposed Units Actual Units Actual Units 1 CPM P SUNDAY, JUNE 2g, 2014 1 (561) 820" -4343 THE PALM BEACH POST REAL NEWS STARTS HERE I PALMBEACHPOSTCOM E7 NOTICE, OF AVAILABILITY COMMUNITY AEVELOPMIFNT PLOCK GRANT (CDBG) FY.2014 =Z015 WBG CONSOLIDATED ANN UAL ACI'ION,PLAN' Is availAble for review -at,. : Neighborhood Services Division, City * Neig'hborhbod•Re;rourEe Eenter..7.+4i: , 5W 12th Avenue, Delray Beach * wwW.61'tyde,lts7ybeach : coi(i ThQ U_r jDepartment'of HoGsing'orld Urban' Development (HUD) regWres that an Annual Action Plan fox the City Rf Cie'(r�iy, peach' be proposed, then adopted by the City Commiss&h . and alipruved by HUD, before the City can necelve Community Development Rluck tyrant (CDBG) funds. The Prpgnam'.Year includes $404,964 in CDBG fpnds available October 1, 2014, for the fifth year of the City's 2010 2015 five -Year Congolldated Plan. The'prlrnary objective of the CUBG pcogram is the development of viable urban communities characterized by the provision of decent housing, d suitable living environment, and expanding economic opportunities for individuals/households of low - to moderate - incomes, Each CUBG activity must spetlfleally address one cif.thq.191lowing, national objectives: N. to,r}#'Istr�,ta:t it�derate- income i t..Us Ftoid!: .ty' lditrthe prevention or:eilijSin t(qc `qf 'Mor blight; 3. to meet cpmmu eitelopment needs having a,,p4 . cul'ac urgency. The City CDBG entRlerrrentfor FY 2014.15 has been catega0zeci by the following proposed objectives: CDBG PROGRAM ADMINISTRATION $ 80,992 General management, oversight, and' coordination of the CDBG program ♦' NS Division HOUSING Owner occupied Housing Rehabilitation $ 263,228 PUBLIC SERVICE $ 60 "744 Funds in support of various eligible public service activities consistent with needs identified in the City's Five -Year Consol Idated Plan and are subject to a 15% cap of annual allocailon. TOTAL'CDBG EXPENDITURES S 404,964 The 5ecand public hearing is scheduled for August 5, 2014 at 7:00 p.m. during the CRY Commission Meeting and will bs held at Delray Beach City Hall, 100 NW 1st Avenue, Delray Beach, FL 33444. The proposed Ahnual'Actlon Plan is available at the locations above, All written comments received In the Neighborhood- Services Division at the address below by July 31, 2014, will be responded to prior to submittal to HUD. To submit written comments -or if you require further information, please tail Ferline F. Mesidart, Neighborhood Services Administrator, at (561) 243 -7280 or visit the City's Neighborhood Services Division at Delray' Beach City Hall, 100 NW 1st Avenue, Delray Beach, FL 33444. Citizens who require special assistance are encouraged to tali the above telephone number so that speclal arrangements can be made_ PUB: The Palm Beach Post 6- 29/2014 #267601 5:92054 6,DPM Held @! Meeting called by ..... _r. I City of Delray Beach 6... Type of meeting - ........... . . ......... .,,,,,,, .,......- ............. ........ . ...... --- .,.,,. € Community Development Block Grant Consolidated Annual Action Plan Facilitator j Ferline F. Mesidort 6 _ — Note taker _ ....... . . ........– ........... ........... ............... _.. ! Ferline F. Mesidort Attendees ; Please view sign -in sheet GQBG NEEDS ASSESSMENT MEETING SIGN -IN SHEET .... ...... ........ _. ....... Project: FY2014 -2015 Annual Action Plan € Meeting Date: ....... . ......... ..._..... i .. Facilitator: Neighborhood Services Division Place /Room: Name Company ... .. i I Phone ... ..... .... May 29, 2014 City of Delray Beach Community Center E -Mail RR o gg .... !....._ ......... ......... \, ire '3 /y : ............ - �� .'�._ 'fie r . Page 1 of rCIO ' PALMBEACH.POST.COM f REA.LNEMSTAA'TS HERE THE PALM BEACH POST ($61) 820 -4343 l THURSDAY, MAY 1S, 2014 ds� CITY OF DELRAY BEACH PUBLIC MEETING NOTICE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBl ANNUAL NEEDS ASSESSMENT The Department of Community Improvement, Neighborhood Services Invites atl interested citizens, agencies, organizations, and homeowners associations to attend scheduled public meetings. The purpose of these meetings is to obtain your views and input (and report on program performance) prior to adoption of the 2014 -2015 Consolidated Annual, Action Plan. May 29, 2014 Needs Assessment Meeting Community Center, 6:30 PM Need Assessment is conducted in compliance with federal regulations governing the Consolidated Planning process. Community Input wiU be requested as to the proposed spending plans for funds under the Community Developmentglock Grant ($41)4, 954) Program. All appiicable input received from the public wilt be reviewed and considered during the development of 1hls year ’s Plan. If you have any questions regarding this process, the Consolidated Annual Action Plan, the CDBG PTogram, or other Neighborhood Servlces Programs; Please contact Ferline F. Mesidort, Administrator of Neighborhood Services Division at (561) 243 -7281). PUB; The Palm Beach P051 5- 4512014 11248539 CITY OF DLRAY BEACH CITIZEN PARTICIPATION PLAN Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CFR 91.105. The plan sets forth the City's policies and procedures for Citizen Participation as it relates to the federally- required Consolidated Plan, The City of Delray Beach encourages citizens to participate in the development of the Consolidated Plan and all substantial amendments to the consolidated plan, and performance reports. The City especially encourages participation by citizens of low- and moderate - income neighborhoods, particularly those living within the CDBG Target Area; through consultation with the Public Housing Agency, the participation of tenants of the Public Housing development and residents of Section 8 subsidized housing; minorities and non - English speaking persons; and, persons with disabilities. Adoption of the Consolidated Plan 1. Prior to adoption of the Consolidated Plan, the City of Delray Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate - income. 2. To assure the public adequate time and opportunity to comment on the contents of the Consolidated Plan, the City shall publish a summary of the proposed Consolidated Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The summary of the Consolidated Plan shall describe the contents and purpose of the plan and shall include a list of the locations of where copies of the plan may be fully examined. Upon request, copies of the plan shall be made available to groups and citizens at no charge. 3. One public hearing shall be held during the development of the Consolidated Plan. A citizen's comment period of not less than 30 days shall be established to receive comments from citizens on the consolidated plan. 5. The City shall consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final Consolidated Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons thereof, shall be attached to the final Consolidated Plan. 1, A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG)- eligible activity, 2, The City shall publish in a local newspaper details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 days to provide comments prior to implementation of the amendment, 3. The City shall consider any comments or views of citizens received in writing, or orally at public hearings, if any, in preparing the substantial amendment to the Consolidated Plan. A summary of these comments or views and a summary of any comments or views not accepted and the reason therefore, shall be attached to the substantial amendment of the Consolidated Plan. Performance Reports 1. The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of performance reports and providing the public with not less than 15 days to comment on the reports prior to submission to HUD. 2, The City shall consider any comments or views of citizens received in writing, or orally at public hearings in preparing the performance report. A summary of these comments or views shall be attached to the performance reports, Public Hearings 1. The City shall provide for two public hearings per year to obtain citizens' views and comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance and another hearing shall be held prior to publication of the Consolidated Plan in order to provide opportunity for citizens to comment on housing and community development needs, including priority non housing community development needs, 2. At lease two weeks advance notice of each public hearing shall be provided to the public. These notices shall be published in the local newspaper. 3. Public hearings shall be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for persons with disabilities. These public hearings shall be held during the evening hours at City Hall and/or public facilities located within the CDBG Target Area, i.e, Pompey Park or Carver Service Center. -2- 4. Because of the substantial number of Creole- speaking and Spanish - speaking residents within the City, the City shall provide Creole and Spanish versions of all flyers announcing the public hearing. Interpreters shall be provided upon request through the use of Creole and Spanish - speaking staff of the Department of Community Improvement. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted Consolidated Plan, substantial amendments and performance reports may be obtained in an alternate format. To obtain an alternative format of either document, contact the Community Improvement Department, Neighborhood Services Division, 100 NW 151 Avenue, Delray Beach, Florida 33444 or telephone the Department at (561) 243 -7280, Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan and the use of funds under programs covered by 24 CFR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to groups' representative of persons of low- and moderate - income that request such assistance in developing proposals for funding assistance under any of the programs covered by the Consolidated Plan, with the level and type of assistance determined by the City of Delray Beach. The assistance need not include the provision of funds to the group. Complaints Complaints relating to the City's Consolidated Plan, Amendments and Performance Reports should be submitted in writing to: City of Delray Beach Director of Community Improvement 100 NW 1St Avenue Delray Beach, FL 33444 The Department shall respond to all written complaints within 15 working days where practical. -3- Residential Anti - displacement and Relocation Assistance Plan The City of Delray Beach will replace all occupied and vacant occupiable low- to moderate- income dwelling units demolished or converted to a use other than as low- to moderate - income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570,606(b)(1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Delray Beach will make public and submit to the HUD Field Office the following information in writing: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low- to moderate - income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5, The source of funding and a time schedule for the provision of replacement dwelling units; and 6. The basis for concluding that each replacement dwelling unit will remain a low- to moderate - income dwelling unit for at least 10 years from the date of initial occupancy. The City of Delray Beach will provide relocation assistance, as described in 570.606(b)(2), to each low- to moderate - income household displaced by the demolition of housing or by the conversion of a low- to moderate - income dwelling to another use as a direct of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the City of Delray Beach will take the following steps to minimize the displacement of persons from their homes: Acquisition or demolition activities will be limited to vacant, condemned or dilapidated structures that have been determined unsafe or contribute to blight. It is not anticipated that displacement of persons will occur as a result of this program. However, if displacement does occur as a direct result of property acquisition for program improvements, tenants and homeowners who are displaced will receive those benefits provided for under the Relocation and Real Property Acquisition Act of 1970, as amended. Every effort will be made to allow those displaced to locate in the neighborhood form which they were displaced, if that is their request. Temporary relocation will be processed in accordance with the City of Delray Beach Optional Relocation Policy. -4- `4946V a. y� �Y Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not api y. This ceiti cat iii is applicable. See Mgnature on the last page. STATE CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair dousing -- The State will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 1 Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will -- a. Abide by the terms of the statement; and b, Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Emp ;oyers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a, Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4,5and6, CPMP State Grantee Certifications 1 Version 2.() City of Delray Beach Anti - Lobbying -- To the best of the state's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of State -- The submission of the consolidated plan is authorized under State law and the State possesses the legal authority to carry out the programs under the consolidated plan for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature /Authorized Official Terry Stewart Name Interim City Manager Title 100 NW 1st Avenue Address Delray Beach FL 33444 City /State /Zip (561)243 -7010 Telephone Number Date CPMP State Grantee Certifications 2 Version 2.0 City of Delray Beach This certllfication does not apply. ® This certrf ieation is ;applicable. See signature �n thie last ;page, Specific CDBG Certifications The State certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR §91.115 and each unit of general local government that receives assistance from the State is or will be following a detailed citizen participation plan that satisfies the requirements of 24 CFR §570.486. Consultation with Local Governments -- It has or will comply with the following: 1. It has consulted with affected units of local government in the nonentitlement area of the State in determining the method of distribution of funding; 2. It engages in or will engage in planning for community development activities; 3. It provides or will provide technical assistance to units of local government in connection with community development programs; and 4. It will not refuse to distribute funds to any unit of general local government on the basis of the particular eligible activity selected by the unit of general local government to meet its community development needs, except that a State is not prevented from establishing priorities in distributing funding on the basis of the activities selected. Local Needs Identification -- It will require each unit of general local government to be funded to identify its community development and housing needs, including the needs of low- income and moderate - income families, and the activities to be undertaken to meet these needs. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short -term and long -term community development objectives that have been developed in accordance with the primary objectives of Title I of the Housing and Community Development Act of 1974, as amended. (See 24 CFR 570.2 and 24 CFR part 570) Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2—, 2—, 2 —, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments - The state will require units of general local government that receive CDBG funds to certify to the following: It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital CPMP State Grantee Certifications 3 Version 2.0 City of Delray Beach costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds, It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds, Also, in the case of properties owned and occupied by moderate - income (not low - income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It will require units of general local government that receive CDBG funds to certify that they have adopted and are enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Mousing Act (42 USC 3601 - 3619), and implementing regulations. Compliance with Laws -- It will comply with applicable laws. Signature /Authorized Official Terry Stewart Name Interim City Manager Title 100 NW 1st Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 4 Version 2.0 City of Delray Beach ®This cert»fiat>IOn does not apply. E This cert� rcation is applicable .Sep signature On the last: page Specific HOME Certifications The State certifies that Tenant Based Rental Assistance -- If it intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the State's consolidated plan. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92,205 through §92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214. Appropriate Financial Assistance -- Before committing any funds to a project, the State or its recipients will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature /Authorized Official Terry Stewart Name Interim City Manager Title 100 NW 1st Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP Mate Grantee Certifications 5 Version 2.0 City of Delray Beach Thrs certlfat�on ... de not apply. . Thy cerfcawon a labl. pp. Se�,gnalu�n the las: page. HOPWA Certifications The State HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under the program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of any building or structure purchased, leased, rehabilitated, renovated, or converted with HOPWA assistance, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. Signature /Authorized Official Terry Stewart Name Interim City Manager Title 100 NW 1St Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 6 Version 2,0 City of Delray Beach -T y, does not Y. crtifai%�Q -eel-signature on ke last: page, ESG Certifications The Emergency Shelter Grantee certifies than 1. The requirements of 24 CFR 576.21(a)(4) which provide that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services meet the following standards: (A) that the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) that the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 2. The requirements of 24 CFR 576,25(b)(2) concerning the submission by nonprofit organizations applying for funding of a certification of approval of the proposed project(s) from the unit of local government in which the proposed project is located. 3. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grant funds are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services, concerning the population to be served. 4. The building standards requirement of 24 CFR 576.55. 5. The requirements of 24 CFR 576.56, concerning assistance to the homeless. 6. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable Federal law concerning nondiscrimination and equal opportunity. 7. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 8. The requirements of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 9. (9) The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the Emergency Shelter Grants Program and that the address or location of any family violence shelter project assisted with ESG funds will not be made public, except with written authorization of the person or persons responsible for the operation of the shelter. 10. The requirement of that recipients involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 576.56(b)(2). 11. The new requirement of the McKinney Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that State and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of State and local resources. I certify that the State will comply with the requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act CPMP State Grantee Certifications 7 Version 2.0 City of Delray Beach of 1988. I certify that the State will comply with the provisions of, and regulations and procedures applicable under 24 CFR 576.57(e) with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58 as applicable to activities of nonprofit organizations funded directly by the State. The State also agrees to assume the Department's responsibility and authority as set forth in 24 CFR 576.57(e) for acting on the environmental certifications and requests for the release of funds submitted to the State by local government recipients. I certify that the State will ensure the provision of the matching funds required by 24 CFR 576.51 and 42 USC 11375, including a description of the sources and amounts of such supplemental funds, as provided by the State, units of general local government or nonprofit organizations. I further certify that the submission of a complete and approved Consolidated Plan with its relevant certifications, which is treated as the application for an Emergency Shelter Grant, is authorized under State law, and that the State possesses legal authority to fund the carrying out of grant activities by units of general local government and nonprofit organizations in accordance with applicable laws and regulations of the Department of Housing and Urban Development. Signature /Authorized Official Terry Stewart Name Interim City Manager Title 100 NW 15t Avenue Address Delray Beach FL 33444 City /State /Zip 561 243 -7010 Telephone Number Date CPMP State Grantee Certifications 8 Version 2.0 City of Delray Beach ❑ T:hrs eer�t�f ea lon d not ies appi�. ® This ce'ti 1pation rs �ippliCablef fee signature ®n the last page. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. if it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three), 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant; Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place Name Street City Count state Zi 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules; "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, CPMP State Grantee Certifications 9 Version 2.0 City of Delray Beach including: i. All "direct charge" employees; ii. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and iii. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces), Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan Signature /Authorized Official Date CPMP State Grantee Certifications 10 Version 2,0