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04-03-07 Agenda Reg
City of Delray Beach Regular Commission Meeting ~~~~ l JL/~ r • ~. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings aze business meetings Tuesday, Apri13.2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6.00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regulaz Agenda and First Reading Items: Public input on agendaed items, other than those that aze specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 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, Phone• (561) 243-7000 program, or activity conducted by the Ciry. Contact Doug Randolph at 243- Fax• • (561) 243-3774 7127, 24 hours prior to the event in order for the Ciry to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: March 29, 2007 -Organizational Meeting 6. PROCLAMATIONS: A. National Public Works Week -May 20-26, 2007 B. Delray Beach Medical Center Day - Apri13, 2007 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT/GRAMERCY SQUARE -PLAT II: Approve the subdivision plat fox Gramercy Square -Plat II, a 57 unit, townhome development located on the west side of Military Trail, approximately 700' south of West Atlantic Avenue. B. REQUEST FOR SIDEWALK DEFERRAL/855 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk in front of 855 South Ocean Boulevard. C. HOLD HARMLESS AGREEMENT/2492 S CORAL TRACE CIRCLE: Approve and accept a hold harmless agreement to allow the property owner to install a fence across the existing right-of--way, along the west, south and east property lines, located at 2492 S Coral Trace Circle. D. CHANGE ORDER NO. 5/DURACLEAN D/B/A THE PRINCIPLE GROUP, LL Approve Change Order No. 5 to the original contract in the amount of $9,454.31 to Duraclean d/b/a The Principle Group, LLC fox additional water damage and microbial remediation at the Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). 0403-2007 -2- E. SERVICE AUTHORIZATION NO. 1.4/CH2M HILL, INC.: Approve Service Authorization No. 1.4 (Amendment 4 to Service Authorization No. 1) to CH2M Hill, Inc. in the amount of $7,500.00 for professional services for meeting with the Florida Department of Environmental Protection (FDEP) and Palm Beach County Health Department (PBCHD) regarding re-permitting the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance Costs). F. FUNDING AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH STEP TEAM COMPETITION: Approve and accept an agreement between the City and Palm Beach County to allow the Recreation Assistance Program (RAP) District 7 to reimburse the City in an amount up to $4,000.00 for the Dekay Beach Step Team Competition for eligible expenses incurred within the time frame of January 1, 2007 through May 25, 2007. G. FUNDING AGREEMENT/PALM BEACH COUNTY/2007 INVITATIONAL FRIENDSHIP TOURNAMENT: Approve and accept an agreement between the City and Palm Beach County to allow the Recreation Assistance Program (R.AP) District 7 to reimburse the City in an amount up to $5,000.00 for the 2007 Invitational Friendship Tournament for eligible expenses incurred within the time frame of May 1, 2007 and June 30, 2007. The City will host this baseball and softball tournament on May 25 to May 27, 2007 at Pompey Park in conjunction with the Delray Beach American Little League. H. PE IAL EVENT REQUEST/2007 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2007 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on May 5 and May 6, 2007 subject to receipt of revised insurance certificate. I. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $30,303.00 to Craftsman Plus for 704 SW 8~' Court, and in the amount of $36,188.25 to Sun Band Builders Construction, Inc. for 917 SW 3`~ Court. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). AGREEMENT/NAVARRO SECURITY GROUP: Approve a six (6) month agreement with Navarro Security Group in an estimated cost of $22,048.00 for security services at Pompey Park from April 1, 2007 to September 30, 2007. Funding is available from 001-4127-572-31.90 (General Fund/Other Professional Services). K. AMENDMENT/OFF SITE PARKING AGREEMENT: Approve an amendment to the Off Site Parking Agreement between the City, 60 '/2 LLC and DHBH Atlantic LLC associated with the preliminary/final DHBH #1 Plat. The amendment is due to the discovery of an extra parking space on one of the parcels subject to the agreement. 04-03-2007 -3- L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Chaz Equipment Company, Inc. in the amount of $25,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. Funding is available from 442-5178-536-63.82 (Water/Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 2. Contract award to Hartzell Construction, Inc. in the amount of $24,565.00 for the exterior and interior renovation of the concession stand building at the old Atlantic High School. Funding is available from 001-4149-572-63.40 (General Fund/Recreation Improvements). 3. Purchase award to Line-Tec, Inc. in the amount of $25,000.00 via the City of Boynton Beach, Bid #027-2821-07/JA for the Water Service Relocation Program. Funding is available from 442-5178-536-65.17 (Water/Sewer Renewal & Replacement Fund/Water Service Relocations). 4. Contract award to South Florida Construction Services, Inc. in the amount of $24,920.00 for Fire Station #3 Officer Quarters Remodeling Project. Funding is available from 001-2311-522-62.10 (General Fund/Buildings). 5. Contract award to Sports Turf One, Inc. in the amount of $37,610.33 for the renovation of the south athletic field of the former Atlantic High School football field. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Improvements Other/Soccer Complex). 6. Purchase award to Wesco Turf Supply, Inc. in the amount of $31,396.18 for the purchase of two (2) Model #30361 Toro Groundsmaster 7200 Heavy Duty Zero Turn Mowers with 72" Recycler Deck via the Florida State Contract #515- 630-06-1 for the Parks and Recreation Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 7. Purchase award to Duval Ford in the amount of $107,029.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of four (4) vehicles for various departments. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 8. Purchase award to Metron-Farmer, L.L.C in the amount of $34,492.77 for the purchase of 39 refurbished 3" Spectrum 175 Water Meters. Funding is available from 442-5178-536-61.81 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Program). 9. Purchase award to Zoll Medical Corporation in the amount of $26,184.00 for one (1) Zoll E Series Defibrillator/Monitor. Funding is available from 001- 2315-526-64.90 (General Fund/Other Machinery/Equipment). 0403-2007 -4- 9. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/JAY PUTNAM ENTERPRISES: Consider a request to establish a vehicle services and repair shop in conjunction with the manufacturing of automotive parts for Jay Putnam Enterprises. The facility is to be located in two bays (Bays 5 and 6) totaling 1,800 square foot in the central portion of the existing Depot Warehouse Building located at 1700 Depot Avenue. (Quasi- Judicial Heating) B. WAIVER REQUEST/LOT DIMENSION: Consider a request for waiver of Land Development Regulations (I,DR) Section 4.1.4, "Use of Lots of Record", which requires aggregation of lots under the same ownership if the lot area is less than that required by the Zoning District Regulations. The waiver is requested for property located at 213 SE 7~' Avenue, within the Marina Historic District. (Quasi Judicial Hearing) C. RESOLUTION NO. 25-07: Consider approval of Resolution No. 25-07 supporting Senate Bill 606 as proposed in the 2007 Legislative Session concerning authorization of local option $2.00 rental car surcharge fox the South Florida Regional Transportation Authority (SFRTA) as a recurring funding source for SFRTA and urging Governor Charlie Crist to sign the proposed legislation, if adopted, in order to provide for needed additional revenues for SFRTA. D. RESOLUTION NO. 26-07: Consider approval of Resolution No. 26-07 supporting the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the Florida East Coast (FEC) Corridor areas to expand local and regional passenger service in that area to meet the growth transit needs and complement freight industry growth in the Southeast Florida area. E. BID AWARD/E.C. STOKES MECHANICAL CONTRACTORS, INC./FARMER & IRWIN CORPORATION: Consider approval of a bid award to E.C. Stokes Mechanical Contractor Inc., .record low bidder, as primary contractor and Farmer & Irwin Corporation, third lorv bidder, as secondary (back-up) contractor in an estimated annual cost of $25,500.00 for plumbing services and repairs for various city buildings located in the City of Delray Beach. Funding from various departmental operating budgets. F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards fox the period March 19, 2007 through March 30, 2007. 10. PUBLIC HEARINGS: A. RESOLUTION NO. 20-07 (SECOND READING/SECOND PUBLIC HEARINGI: Consider approval and adoption of Resolution No. 20-07 designating the area within the boundaries of the Carver Square Redevelopment area of the Community Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. 04-03-2007 -5- 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 14-07: City initiated amendments to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (I-~(10), "Temporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. If passed, a second public hearing will be scheduled for Apri117, 2007. B. ORDINANCE NO. 15-07: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment', to provide an alternative method for purchasing the optional enhanced multiplier for periods of prior city employment. If passed, a second public hearing will be scheduled for April 17, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: March 30, 2007 -G- 0403-2007 MARCH 29, 2007 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m. on Thursday, March 29, 2007. Roll call showed: Commissioner Rita Ellis Commissioner Fred Fetzer Commissioner Jon Levinson Commissioner Brenda B. Montague Mayor Jeff Perlman Absent: None Also present were: David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk (2) The Pledge of Allegiance to the Flag was given. At this point, Commissioner Levinson was presented with a farewell plaque by Mayor Perlman, and Mayor Perlman was presented with a plaque by Mayor-Elect Rita Ellis; each gave their outgoing comments. (3) Oath of Office administered to Newly-Elected City Commission Members. The City Clerk administered the Oath of Office to Commissioner Gary P. Eliopoulos (Seat #1), Commissioner Nelson S. "Woodie" McDuffie (Seat #3), and Mayor Rita Ellis (Seat #5). (4) Roll Call Newly Sworn-In Commission. The City Clerk called the roll of the Commission after newly-elected City Commission Members were sworn in. Roll call showed: Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Nelson S. "Woodie" McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent: None (5) Selection of Vice-Mayor (for the term March 30, 2007 through March 27, 2008). Commissioner Eliopoulos moved to appoint Commissioner Fetzer as Vice-Mayor of the City of Delray Beach for the term March 30, 2007 through March 27, 2008, seconded by Commissioner McDuffie. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner McDuffie -Yes; Commissioner Montague -Yes; Mayor Ellis - Yes; Commissioner Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. (6) Selection of Deputy Vice-Mayor (for the term March 30, 2007 through March 27, 2008). Commissioner Fetzer moved to appoint Commissioner Montague as Deputy Vice-Mayor of the City of Delray Beach fox the term March 30, 2007 through March 27, 2008, seconded by Commissioner Eliopoulos. Upon roll call, the Commission voted as follows: Commissioner McDuffie -Yes; Commissioner Montague -Yes; Mayor Ellis -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes. Said motion passed with a 5 to 0 vote. (7) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period Apri12007 through March 2008. Commissioner Fetzer moved to reschedule the July City Commission Meetings to July 10, 2007 for the 1S` Regular Meeting, July 17, 2007 for the Workshop Meeting, and July 24, 2007 for the 2"d Regular Meeting; to reschedule the January 1, 2008 City Commission Meeting to Thursday, January 3, 2008 to avoid the meeting falling on New Year's Day; and to reschedule the March 4, 2008 City Commission Meeting to Monday, March 3, 2008 to avoid a conflict with Palm Beach County Days, seconded by Commissioner Montague. Upon roll call the Commission voted as follows: Commissioner Montague -Yes; Mayor Ellis -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner McDuffie - Yes. Said motion passed with a 5 to 0 vote. Annual Organizational Meeting March 29, 2007 (8) Establish a date for the 2008 Goal Setting Session. It was the consensus of the Commission to schedule the week of April 7, 2008 as the timeframe for the Commission to meet with Lyle Sumek for the 2008 Goal Setting Session. (9) Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules). Commissioner Montague moved to approve the Rules of Procedure (Local Rules) as amended, seconded by Commissioner McDuffie. Upon roll call, the Commission voted as follows: Mayor Ellis -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner McDuffie -Yes; Commissioner Montague -Yes. Said motion passed with a 5 to 0 vote. (10) Review and Adoption of Procedures for Quasi-Judicial Hearings. Commissioner Fetzer moved to adopt the Procedures for Quasi-Judicial Hearings as presented, seconded by Commissioner Montague. Upon roll call the Commission voted as follows: Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner McDuffie -Yes; Commissioner Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. (11) Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments (a copy of the amended assignments is attached as part of the minutes). (12) Commission Comments. Susan Ruby, City Attorney, welcomed the new Commissioners, and expressed her pleasure of having worked with Mayor Perlman and Commissioner Levinson. David T. Harden, City Manager, echoed the sentiments of the City Attorney, and was looking forward to working with the Commission. He apologized that Mr. Levinson had expressed his disappointment with staff performance, and urged the Commission to work with staff in order to form their own independent judgments, and if the ball is dropped to advise staff so the issue can be addressed. Commissioner Fetzer thanked the audience for attending the meeting, and thanked the Commission for selecting him as Vice-Mayor. He welcomed the two new members of the Commission, Mr. Eliopoulos and Mr. McDuffie. 3 Annual Organizational Meeting March 29, 2007 Commissioner Eliopoulos thanked all those who helped him in his campaign with their encouragement and support. He stated there were three reasons for his goal as Commissioner; those reasons were his children, Luke, Georgia, and Jake. The goals were to help keep the success of Dekay Beach going the way it is going, and to help keep it safe, clean, and affordable. Mr. Eliopoulos believes in keeping open communication between the Commissioners, staff, and the public. Commissioner McDuffie thanked his family and stated there was no way any of the Commissioners could sit at the dais without a supportive family. He is proud to call Delray Beach his home; he thanked the audience for their support, and expressed his appreciation for the work Mayor Perlman and Commissioner Levinson had accomplished during their terms in office. Mr. McDuffie stated how proud he was that during the Gang Violence Town Hall Meeting held at the Palm Beach Community College, the City of Delray Beach had the largest number of elected officials in attendance, as well as Mr. Harden, City Manager, Chief of Police Larry Schroeder, and several other staff members. Commissioner Montague extended congratulations to Commissioner McDuffie, Commissioner Eliopoulos, and Mayor Ellis, and she urged them all to continue the vision of Delray Beach. Mayor Ellis stated that Delray Beach was the finest city in Palm Beach County, if not the State of Florida. The Commissioners are independent thinkers but have a common vision for Delray Beach, which should encourage each one to give one hundred percent (100%). Mrs. Ellis reminded the Commissioners of the Goal Setting Session on April 11, 2007, and advised them that there will be telephone interviews which are scheduled with the consultant prior to the session. She encouraged each Commissioner to be very candid and forthright in their comments, and address the issues that are important to them in order that each can be prioritized, and then the Commission can come to a consensus to move in the same direction. She stated by looking forward to the continued, wonderful, support from the City Attorney and the City Manager, the work will get done. The audience was thanked for their support, and told they would receive the Commission's very best. There being no further business, the meeting was adjourned at 7:21 p.m. 4 Annual Organizational Meeting March 29, 2007 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 Annual Organizational Meeting of the City Commission held on March 29, 2007, which minutes were formally approved and adopted by the City Commission 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 official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. Annual Organizational Meeting March 29, 2007 MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 30, 2007 Below is the list of City Commission Liaison assignments as amended at the March 29, 2007 Annual Organizational Meeting. BOARD Community Redevelopment AgencX 2"d & 4`~ Thursday at 5:30 p.m. Commission Chambers Delray Beach Public Schools LIAISON Commissioner Montague Primary Member Commissioner Eliopoulos Alternate Member City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Spady Elementary School Plumosa Elementary School Pine Grove Elementary School Orchard View Elementary School Village Academy Carver Middle School Atlantic High School Downtown Development AuthoritX 2°d Monday at 12:00 Noon Chamber of Commerce Education Board 15t Monday at 5:30 p.m. First Floor Conference Room, City Hall Commissioner McDuffie Commissioner Eliopoulos Commissioner Eliopoulos Commissioner Montague Commissioner Montague Commissioner Fetzer Commissioner Fetzer Commissioner Fetzer Mayor Ellis Commissioner Fetzer Primary Member Commissioner McDuffie Alternate Member Drug Task Force Mayor Ellis 3`~ Friday at 10:00 a.m. Chief's Conference Room, Police Department Page Z General Emp~ees Retirement Committee Meets as needed Tom Lynch to continue as Commission appointee Downtown Marketing Cooperative 2"d Thursday at 8:00 a.m. Commission Chambers Parking Management Advisory Board 4`s Tuesday at 5:30 p.m. First Floor Conference Room, City Hall Police & Fire Board of Trustees 3`~ Wednesday from 2-4 p.m. in Training Room at Fire HQ or Police Chief's Conference Room Public Art Advisory Board 4~' Monday at 6:00 p.m. First Floor Conference Room, City Hall Sister Cities Committee _ 1"Thursday at 4:00 p.m. First Floor Conference Room, City Hall Mayor Ellis Commissioner Eliopoulos Mayor Ellis (I'he Mayor is a sitting member Section 33.65 of the City Code) Commissioner Montague Commissioner Fetzer OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Montague Alternate Member The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach County. The General Membership meets once per month (normally the 4~' Wednesday) at 10:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 2"d Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 David T. Harden, City Manager Transportation & Urban Administration Policy Committee Member Mayor Ellis Florida League of Mayors Member Approved Liaison Assignments 3-29-07 Page 3 Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staff) (561) 243-7040 Commissioner McDuffie Primary Member Commissioner Montague Alternate Member The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range {5 year} and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3`~ Thursday of the month at 9:00 a.m., 12~' floor Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1S` Wednesday of the month at 9:00 a.m. at 160 Australian Avenue in the 3`~ floor Conference Room. Liaison to State Representatives Maria Sachs, District 86 Adam Hasner, District 87 Liaison to State Senators Jeffery Atwater, District 25 M. "Mandy" Dawson, District 29 Ted Deutch, District 30 Mayor Ellis Mayor Ellis Mayor Ellis Commissioner Montague Commissioner Fetzer Liaison to United States Representatives Robert Wexler, District 19 Commissioner Eliopoulos Ron Klein, District 22 Mayor Ellis Alcee L. Hastings, District 23 Commissioner Montague Intergovernmental Coordination Issues Forum Lantana Council Chambers Commissioner Montague Primary Member 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner McDuffie Alternate Member Paul Dorling City Staff Member Approved Liaison Assignments 3-29-07 Page 4 The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for March 29, 2007; May 31, 2007, August 30, 2007; and November 29, 2007. 'The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S/Agenda 2007/Appmvedliauon Assignment Amended Approved Liaison Assignments 3-29-07 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as parks, water, sewers, public buildings, streets and highways, canal maintenance, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme is: "Public Works: The Heart of Every Community". We depend on the men and women who are always there and always ready. NOW, THEREFORE, I, RITA ELLIS, Mayor of the Ciry of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 20 through May 26, 2007 as NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3`~ day of April, 2007. RITA ELLIS MAYOR (o. A ~- WHEREAS, Dekay Beach Medical Center, a 403-bed acute care hospital at 5352 Linton Boulevard in Delray Beach, has been providing awarding-winning health care to residents of south and central Palm Beach County for more than 20 years; and WHEREAS, as astate-designated Level II Trauma Center for adults and children, Delray Medical Center offers a broad array of specialized services, ranging from acute care to rehabilitation, and psychiatric services to outpatient care; and WHEREAS, for 2007 and in the inaugural year of the prestigious award, Delray Medical Centex has been honored as one of "America's 50 Best Hospitals" by HealthGrades, a leading national health care quality group, in recognition of seven consecutive years of clinical excellence; and WHEREAS, Delray Medical Center has received the Distinguished Hospital Award for Clinical Excellence from national health care quality group HealthGrades for the fifth consecutive year (2003-2007); and WHEREAS, this year, Delray Medical Center has been presented the Cardiac Care Excellence Award from HealthGrades for the third consecutive year (2005-2007). NOW, THEREFORE, I, RITA ELLIS, Mayor of the Ciry of Dekay Beach, Florida, on behalf of the City Commission, do hereby proclaim April 3, 2007 as "DELRAY MEDICAL CENTER DAY" and call upon all citizens to join in recognizing and commending the Delray Medical Center for their many outstanding achievements and awards and their commitment to providing a full range of superior health care services to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3`d day of April, 2007. RITA ELLIS MAYOR ~~ _ ~ CITY COMMISSION DOCUMENTATION TO: DAVID .HARDEN, CITY MANAGER THRU: PAUL ~G, AI ,DIRECTOR OF PLANNING AND ZONING FROM: SCOTT R. ZUBEK, SENIOR PLANNER SUBJECT: MEETING OF APRIL 3, 2007 ***CONSENT AGENDA*** FINAL SUBDIVISION PLAT FOR GRAMERCY SQUARE -PLAT II, AN 57 UNIT, TOWNHOME DEVELOPMENT LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700' SOUTH OF WEST ATLANTIC AVENUE. BACKGROUND At its meeting of January 4, 2005, the City Commission approved the voluntary annexation, FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 units per acre, and zoning of RM-8 (Medium Density Residential RM-8 units per acre) for 5.82 acres of this property located west of the Mil-Atlantic property's (14.03 acres) previously annexed and approved for a townhouse development know as Gramercy Square. At its meeting of June 28, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan, landscape plan, and architectural elevations and waiver requests associated with the construction of a 38-unit townhouse development which is known as Gramercy Square Phase II. The item currently before the Board is a required plat for multi-family/townhouse type developments, in this case the 38 lot subdivision and a re-plat of 19 lots of Gramercy Square -Plat I. PLAT DESCRIPTION The development proposal contains 38 fee simple townhouse units in seven (7) two-story buildings. All units include a one or two car garage and space for two cars in the driveways. The proposal also includes the construction of a recreational area consisting of a fitness center and a passive recreation seating area, along with installation of brick pavers driveways plus associated parking and landscaping. The townhouse structures will be developed on lots that range from 24.00' to 52.51' wide by 88.68' to 109.86' deep. The re-plat of the 19 lots associated with the Gramercy Square Phase I development is a reconfiguration of the lots to unite Phases I and II of the Gramercy Square development accordingly with respect to access and the proposed drainage area (Tract "L-2"). PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered the proposed plat at their meeting of December 18, 2006. After reviewing the staff report, the Board voted 7 - 0 to approve the preliminary plat and to recommend approval of the final plat to the City Commission. RECOMMENDED ACTION Approve the Final Plat for Gramercy Square -Plat II, by adopting the findings of fact and law contained in the Planning and Zoning staff report (dated December 18, 2006), and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major 8A City Commission Documentation Meeting of April 3, 2007 Gramercy Square -Plat II Page 2 Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: Location Map Reduced Survey • Reduced Plat • Reduced Site Plan • Planning and Zoning Report Staff Report Prepared By: Scotf R. Zubek, Senior Planner EXECU T1 VE CARNIVAL SQUARE FLEA MARKET ~~ ~ I" II IT}{7RUST I I BANK BANK MARKETPLACE OF DELRAY P1NES WEST PLAZA DELRAY SQUARE PLAZA ~`° P o~ 0 a PUBLIX J Q t- WASHINGTON FIRST MUTUAL UNION A V E N U E ~~n^n } a ~- DELRAY wESr PLAZA „ ti T R JEFFE RS ON ROAD 0 R Z 0 U Z J J LINCOLN ROAD ROAO ^II 2 H O N LAKE BOULEVARD SUBJECT AREA ~- GRAMERCY SQUARE -PLAT II GTY OF DELRAY BEAGi, f1 C/IY LlM1TS COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT PLANNING do ZONING DEPARTMENT ^ I I^ I I^ I I^ I I^ -- O/CITAL BASF MAP SYSTEM -- MAP REF: LM974 $ g~ig 3 8 ~ n ~ o ~~~ ~ ~ e y~~ ..~F{j.W~.. WyWy yaay WW.WW.. JO dC{Wd ~i~3J ~Y~~iEc ~z'BI~µy34 I _ _-_ _ _ _ _ _1_n.'.fiaav~ya-__ ~_ l_si.szaoe _________ ~ ____ ° - - - - - -~ ,;: ~- - - (soe avow ~.vls) ~le2u ~avlniw - - - - - r - _ e ~, ,Sl'YLti b 4ye ~~A° 689tZ~1 -__. 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GRAMERCY SQUARE - PHASE II i'=~s;r~a ~ ""~'°'°`~°'°" DELRAY BFA('H FI nurnn '~~~cF~~~` PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 18, 2006 AGENDA ITEM: v.6. ITEM' Combined Preliminary/Final Plat for Gramercy Square -Phase II, a proposed 57 unit townhouse development located on the west side of Military Trail, approximately 700' south of West Atlantic Avenue (Quasi-Judicial Hearing). GENERAL DATA: Owners/Applicant ...................... , Agent ......................................... Location ..................................... Property Size .............................. Future Land Use Map ............... Current Zoning ........................... Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use ................... Water Service ............................. Sewer Service ............................. Gramercy Square, LLC Wilbur F. Divine, ARCADIS West side of Military Trail, approximately 700' south of West Atlantic Avenue. 8.50 Acres MD (Medium Density Residential, 5 -12 du/acre). RM - 8 (Multiple Family Residential -Medium Density). PC (Planned Commercial) RM - 8 (Multiple Family Residential -Medium Density). RS (Unincorporated Palm Beach County Zoning - Single Family Residential). RM - 8 (Multiple Family Residential -Medium Density). Vacant Construction of a 57 unit, fee simple townhouse development. Available via connection to a 12" water main located along Military Trail, and also via an existing 8" main located at the southeast comer of the abutting shopping center to the North (Points West Plaza). Available adjacent to the site via a lift station built in conjunction with the Gramercy Square Phase I subdivision. OFFICE DEPOT 5 ` ~' P ~ _ o ~ MARKETPLACE OF ' DELRAY J a PG ~ L W. ATLANTIC AVE ~~^~~ uNTRUS i PINES BANK N WEST ~ PLAZA s t S1T I Z` K yrj } 4 Y H ~ K a Z a i o ~ o ~ _ J ~ ~ i i A DAMS ROAD J WA SHI NG TO N R OAD ~~^~~ MA DIS ON ROAD F- I 0 LAKE 80ULEVARD I VAN BUREN ROAD V.B. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat fora 8.50 acre, 57-lot townhouse development to be platted as Gramercy Square -Plat II. The subject property is located on the west side of Military Trail, approximately 700' south of West Atlantic Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The property has an extensive land use history and the following is a summary of the most recent land use actions to date. At its meeting of April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations associated with the construction of a 109-unit townhouse development, which was then platted as Gramercy Square Phase I immediately east of this property. At is meeting of September 6, 2005, the City Commission approved the voluntary annexation, FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 units per acre, and zoning of RM-8 (Medium Density Residential, RM-8 units per acre) fora 5.82 acre property known as the Gramercy Square II to the west of the recently approved 109-unit townhouse development (subject property). At its meeting of June 28, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan, landscape plan, and architectural elevations and waiver requests associated with the construction of a 38-unit townhouse development expansion which is known as Gramercy Square Phase II (expansion of Gramercy Square Phase I). The item currently before the Board is the required plat for this 38 lot subdivision expansion and includes a replat of 19 lots of Gramercy Square -Plat I. PLAT DESCRIPTION The proposed plat consists of a 38 lot subdivision (Gramercy Square Phase II) and a replat of 19 lots associated with the Gramercy Square Phase I subdivision located on an 8.50 acre site having an overall density of 6.71 units per acre. The townhouse structures will be developed on lots that range from 24.00' to 52.51' wide by 88.68' to 109.86' deep. The replat of the 19 lots associated with the Gramercy Square Phase I development is a reconfiguration of the lots to unite Phases I and II of the Gramercy Square development with respect to access and drainage areas. The 57 fee simple townhouse units in phase II are proposed in ten (10) two-story buildings. Building Type "I" includes 6 buildings of five units each; 2 three bedroom units (1,759 sq.-ft. each) and 3 four bedroom units (1,953 sq.-ft. each). Building type "II" includes one building of six units; 4 three bedroom units (1,759 sq.-ft. each) and 2 four bedroom units (1,953 sq.-ft. each). Building Type "III" includes three buildings of seven units each; 4 three bedroom units (1,759 sq.-ft. each) and 3 four bedroom units (1,953 sq.-ft. each). All units include a one or two car garage and space for two cars in the driveways. The proposal also includes the construction of a recreational area consisting of a fitness center and a passive recreation seating area. P&Z Board Staff Report, Mew °~g of December 18, 2006, Gramercy Squ~ ~ ~ -Plat II Page 2 Vehicular access is provided by an internal access Tract "D." Tract "D" provides access to all Lots and Tracts located within Gramercy Square Phase II and is a rededication of a portion of Tract "A" noted on Gramercy Square Phase I plat ("Gramercy Square Drive"). Water and Sewer lines will be installed within utility easements and Drainage has been accommodated via Drainage Easements with outfall into a Lake Management Tract, Tract "L-2." Pedestrian access is provided throughout the site via a proposed 5' concrete sidewalk along the interior and exterior of the street system and in front of each building. This sidewalk system connects all the units of Phase II with the units of Phase I of Gramercy Square providing pedestrian access is provided to the tot lot area, mail kiosk, pool, cabana area, and to the existing sidewalk along Military Trail. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The property has a Future Land Use Map (PLUM) designation of MD (Medium Density Residential 5-12 units per acre), and is zoned RM - 8 {Multiple Family Residential -Medium Density). Pursuant to LDR Section 4.4.6(6)(3), within the RM zoning district, multiple family structures are allowed as a permitted use, subject to compliance with the performance standards of LDR Section 4.4.6(1). The RM zoning district is typically limited to a maximum density of 12 units per acre; however the subject property is further limited to a maximum of 8 units per acre based upon the affixed numerical suffix. As the proposed density does not exceed 8.0 units per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) -Concurrency: Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is available via connection to a 12" water main located along Military Trail, and also via an existing 8" main located at the southeast corner of the abutting shopping center to the North (Points West Plaza). Looping of the internal water system is proposed. Sewer service is available via a proposed lift station on the east property line to the south of the main entrance. Adequate fire suppression will be provided via fifteen (15) fire hydrants located at 400' spacing throughout the development. P&Z Board Staff Report, Me~ "1g of December 18, 2006, Gramercy Squ~ - -Plat II Page 3 Pursuant to the Comprehensive P-an, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage• Drainage is to be accommodated via sheet flow into catch basins that will outfall into a Lake Management Tract, (Tract "L - 2"). There are no problems anticipated in complying with SFWMD or LWDD requirements. Streets and Traffic: A traffic statement that was submitted on April 5, 2006 indicates that the cumulative 147 townhouse units, which comprise Gramercy Square Phases I and II, will generate a total. of 1,029 net trips per day, 70 A. M. peak hour trips, and 82 P. M. peak hour trips at project build-out scheduled for 2009. A letter has been received from the Palm Beach County Traffic Division that indicates a finding of concurrency for the proposed development can be made. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed 57 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $19,000.00 will be required of this development (phase II). The 19 units that make up a portion of phase I have previously paid the related $500.00 per unit. Solid Waste: Trash generated each year by this development will be approximately 0.52 tons per residential unit (57 units) for a total of 29.64 tons/year. This increase can be accommodated by existing facilities and thus, will not impact this level of service standard. School Concurrence: The Palm Beach County School District has approved the concurrency application for the entire 147-unit residential project (Gramercy Phases I and II). Section 3.1.1 !C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix °A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report, Me' "~g of December 18, 2006, Gramercy Squ~ -Plat II Pa4e 4 Section 3.1.1 (D) -Compliance with the Land Development Regulations: • LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. All townhouse units have been shown as a separate lot and the common areas of the development are shown as a separate tracts dedicated to the homeowners association. Internal access via "Tract D" has been dedicated as a means of ingress-egress to all platted lots. The submitted plat meets all other requirements. • LDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.1.3(8)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. A 5' wide concrete sidewalk is shown on the paving and grading plan to be installed around the exterior side of the looped road as well as around the majority of the interior side of the looped road. Since the sidewalk has been installed outside of the access tracts, a sidewalk easement has been dedicated on the plat. • LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. Vehicular access will be taken directly from Military Trail via a dedicated access Tract "D." Military Trail is currently at an ultimate right-of-way width of 120' and the 120' has been provided. • LDR Section 6.1.2(C)(3)(a) (Pavement Width): Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 20' wide street with two feet of valley gutter on both sides of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Colony Palms, Atlantic Grove, Highland Grove States, Banyan Village, Legacy at Sherwood Forest and Gramercy Square Phase I. In this particular request, the additional two-foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to-the condition that the Homeowner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Accordingly, a positive finding with respect to LDR Section 2.4.7(8)(5) can be made. At its meeting of June 28, 2006 the Site Plan Review and Appearance Board (SPRAB) concurred with this interpretation and granted the reduction of pavement width via waivers associated with the Class IV Site Plan approval. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and all applicable objectives or policies along with a discussion on how they are addressed is attached as Appendix "C". P&Z Board Staff Report, Me~ `~~g of December 18, 2006, Gramercy Squ~ ~ ~ -Plat II Paae 5 TECHNICAL ITEMS Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are a considerable number of comments, they are minor in nature and will not impact the general plat diagram. It should be noted that the applicant is currently revising the plat based upon comments generated during technical review; however, a revised plat has not been submitted at the time this report was written. REVIEW BY OTHERS This project proposal is not within the geographical area requiring review by the Historic Preservation Board (HPB), the Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: ^ President's Council ^ PROD (Progressive Residents of Delray) Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION Creation of 57 platted lots to accommodate the 57 residential townhouse units is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require minor technical modifications, as listed in "Appendix "B" -Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Gramercy Square -Plat II, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 {Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. P&Z Board Staff Report, Mew `~ng of December 18, 2006, Gramercy Squ~• - -Plat II Pacae 6 D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Gramercy Square -Plat II, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: Reduced Survey • Appendix "A" Reduced Plat • Appendix "B" Reduced Site Plan Appendix "C" • Location Map P&Z Board Staff Report, Me "ng of December 1 S, 2006, Gramercy Squ: ~~ -Plat II Paae 7 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Me "~g of December 18, 2006, Gramercy Squ~ ~- -Plat II Page 8 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable X Meets intent of standard Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Me `~~g of December 18, 2006, Gramercy Squ- `~ -Plat II Paae 9 '~ APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plannin_g & Zonin_g Department Comments: Technical Comments: 1. The portion of the plat that is a replat of Gramercy Square Phase I (Tract "D") must exactly match the area described and shown on the Gramercy Square Phase I Plat, specifically ingress/egress and R.O.W. that connects Gramercy Square Drive to Military Trail. If not, a replat including property for the balance of Gramercy Square Phase I must be included. 2. The street names on the plat of Gramercy Square Phase I are repeated on the Plat of Gramercy Square -Phase II. If the street segments are not continuous from one plat to the other, please show original street names where appropriate on the Phase II Plat. 3. The City has not received responses from any Utility Providers conceming the necessary easements at the time these comments were drafted. The Plat cannot proceed to City Commission until all responses have been received. 4. Additional plat & technical comments may follow upon provision of requested information. Plat Comments: 1. The curve called for in the legal description (L = 26.08', R = 20.00', D = 77°44'28") tangent to a line with a distance of 199.14', S89°12'56"E has an incorrect central angle. Please verify if a central angle of 74°42'29" is an appropriate correction. 2. The bearing of the tangent line on the plat with a length of 0.65' does not match the legal description. 3. The plat does not close by +/- 3.0 Survey Feet (see above comment concerning the central angle). 4. "Lot 134" is missing from the lot area calculation table. Please add this lot and its area calculation to the table. 5. There is a 12' Drainage Easement shown on the plat at the northeast corner of the property that is not on the engineering plans. 6. The engineering plans show a 12' W.S.E. and the plat shows a 12' W.L.E. within "Tract R - 3." Please verify this on the plat/engineering plans. P&Z Board Staff Report, MF `~ng of December 18, 2006, Gramercy Squr ~ -Plat II Page 10 Environmental Services Department's Comments: Plat Comments: 1. Plat and all plans shall be drawn at 1" = 20' or 1° = 30', and all at the same scale, unless other scale is approved in advance, by the City Engineer per LDR 2.4.3 (H). 2. Provide all existing easements (recorded or apparent) and existing (internal property or lot lines), along with notations as to the purpose of the easements and reference to their recording instrument. Existing easements and lot lines which are not to be removed, abandoned, or relocated shall be shown in dashed lines. 3. Please revise dedication language to match City of Delray Beach Standard dedication language. 4. Water and Sewer easement language should match City of Delray Beach Standard language, and water and sewer easement are to be exclusive. 5. Tie Plat to a section corner. 6. Provide drainage easements for all proposed drainage. 7. Provide digital copy of recorded plat in format per City of Delray Beach Engineering. 8. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. Technical Comments: 1. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. 2. A SFWMD permit is required for this project. Provide copies of permit or a letter of exception. 3. LWDD permit is required for this project. Provide copies of permit or a letter of exception. 4. A recorded plat will be required prior to issuance of a building permit. 5. Indicate on permitted Landscaping Plan all existing and proposed easements. 6. Provide a copy of the Landscape Plan. 7. Indicate proposed finished floor and paving elevations and existing and proposed site grades. 8. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 9. Provide certified exfiltration trench test results. 10. Provide paving cross section. P&Z Board Staff Report, Me `~ng of December 18, 2006, Gramercy Squ~ ~, -Plat II Page 11 11. Clearly indicate on plans the limits and types of all curbing. 12. Handicap spaces are to be provided in accordance with Florida Accessibility Code for Building Construction. 13. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. 14. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 15. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that shows the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 16. A certified engineer's estimate will be required for all City maintained improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety; a 10% warranty surety will be required. 17. Provide a Pollution Prevention Plan. Prior to and during construction of all sites, the permitee shall implement and maintain all erosion and sediment control measures included in the required Pollution Prevention Plan. For projects over one (1) acre in size; provide a copy of FDEP Notice of Intent. 18. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the Engineering Department, 434 S Swinton Avenue. P&Z Board Staff Report, Me "~g of December 18, 2006, Gramercy Squ~ ~, -Plat II Paae 12 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property consists of 6 separate parcels with two owners and the western portion of Gramercy Square Phase I plat {containing 19 residential townhouse unit lots). Three of these parcels are undeveloped and the other three contain single family residential homes. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The existing single family subdivision located to the south has a Future Land Use Map Designation of LD (Low Density Residential). The subdivision is separated by the LWDD-34 canal and landscape buffering will have to be provided around the perimeter of the subject property to mitigate any potential impacts. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic, volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will results in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is adjacent to residential zoning districts to the south; Country Club Acres (Palm Beach County Single Family Residential-RS); to the west the Coconut Key multiple family residential development (Multiple Family Residential, 8 units per acre - RM-8); to the north by West Pines Plaza (Planned Commercial - PC); and to the east by the Gramercy Square Phase multiple family residential development (Multiple Family Residential, 8 units per acre - RM-8). The development proposal has accordingly increased and enhanced the landscaping required along the perimeter of the development to provide a meaningful separation between these residential districts and the proposed development. The development will not increase noise, odor, or dust. Base upon the Palm Beach County Trip Generation Rates the new trips generated for both Gramercy Square Phases I and II will be 1,029 ADT (Average Trips per Day), 70 A.M. Peak Hour Trips, and 82 P.M. Hour Trips. These trips can be accommodated in the adjacent roadway. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. Transporation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. P&Z Board Staff Report, MF "ng of December 18, 2006, Gramercy Squ: ~ -Plat II Page 13 Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element, will coordinate with Palm Tran to improve the system. As a Palm Tran bus stop already exists at the northeast corner of the site, it was considered appropriate that a bus shelter easement be provided. The provision of a bus shelter easement has been depicted on the site plan and a bus shelter contribution of $7,500 has also been paid. Based upon the above, compliance with the above regulation has been achieved. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The development proposal includes recreational facilities such as a fitness center, passive recreation seating area, a swimming pool, cabana area, and a tot lot. The tot lot is appropriate for toddlers, and the swimming pool and fitness center are appropriate for children and adults. Thus, the recreation area provided is considered appropriate. Based upon the above, compliance with the above regulation has been achieved. Open Space and Recreation Element Policy B-1.3: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. The proposed landscape plan does include a substantial landscape buffer along the external street (Military Trail). This landscape buffer includes Live Oak trees, Sabal Palms, Pink Trumpet and Calypso trees, Crape Myrtle, and Florida Thatch Palm, under-planted with Saw Palmetto, Jamaica Caper, Stokes Dwarf, Fire Bush and Fakahatchee Grass. A focal point (Landscape Island) at the entry of the development on Tract "D" is also being provided. The focal point includes: two Washingtonian Palms planted at the southern edge of the landscape island under- planted with Fire Bush. Also, Stokes Dwarf will be planted along the perimeter of the landscape island with under-planting of season annuals on the eastern edge of the landscape island. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area,. and for infill projects having fewer than 25 units. All of the one hundred and forty seven (147) proposed town homes that comprise the cumulative number of units per Gramercy Square Phases I and II provide three (3) and four (4) P&Z Board Staff Report, MF ~'-~g of December 18, 2006, Gramercy Squ~ ~ =Plat II Paae 14 bedrooms with twenty six (26) two-story buildings. The residential development is designed to accommodate families with children. Such goal is accomplished by providing a townhouse product that has a one and two car garage and two car driveway, large room sizes, appropriate recreational facilities including a fitness center, swimming pool, cabana area and a tot lot, and differing floor plans that could appeal to different age groups and household sizes. Consequently, the proposed development is consistent with this housing policy. Section 2 4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The property is bordered by the following zoning designations and uses: Direction Zoning North PC West RM-8 South RS (County) East RM-8 Uses Points West Plaza Coconut Key residential development Country Club Acres residential development Gramercy Square Phase I The existing land uses for the nearby properties are single family residences to the south, multiple family residences to the east and west and a shopping center to the north. Compatibility is not a concern, as the use is compatible with the uses which exist on the surrounding properties. As described under Housing Element Policy A-12-3 additional perimeter landscaping has been provided for additional mitigation. The multiple family developments will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in this area. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAG SUBJECT: AGENDA ITEM # y ' ~ -REGULAR MEETING OF APRIL 3, 2007 ~~UEST FOR SIDEWALK DEFERRAL/855 SOUTH OCEAN BOULEVARD DATE: MARCH 30, 2007 This is before Commission to approve a request to defer the installation of a sidewalk in front of 855 South Ocean Boulevard. Currently, there are no sidewalks on the east side of South Ocean Boulevard and there axe no future plans to install sidewalks along the right-of--way of South Ocean Boulevard. Therefore, staff is in support of the request to have the sidewalk in front of 855 South Ocean Boulevard deferred. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements fox 855 South Ocean Boulevard until such time as the City requests the sidewalk to be constructed. S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memos\SidemalkDeferralRequesr 855 Sourh Ocean Blvd 04.03.07.doc City Of Delray Beach Department of Environmental Services M E M O R A N D U M TO: David T. Harden, City Manager FROM: Tracie M. Lutchmansingh, P.E., Asst. City Engineer DATE: 03-April-2007 SUBJECT: City Commission Agenda Item Sidewalk Deferral Request 855 South Ocean Blvd. /~. The attached agenda item is a request for a deferral of sidewalk installation in front of 855 South Ocean Boulevard. This is a Single Family Residential lot located on the east side of South Ocean Boulevard. There are currently no sidewalks on the east side of South Ocean Boulevard. In addition, there are no future plans to install sidewalks along the right-of-way of South Ocean Boulevard. Therefore, Engineering is supporting the request to have the sidewalk in front of 855 South Ocean Boulevard deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 3 April 2007 Commission Agenda. Thanks. Enc cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Caroline Kucmerowski CMT (originals) City Clerk Sidewalk Deferral File Agenda File April 3, 2007 S:IEngAdminlsidewalk deferrais11104 nassau st agenda memo 2007-02-20.doc [ S Prepared By: RETURN TO: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200 , between the City of Delray Beach (hereinafter the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~,5 ~ Sv . ~~~Qh . until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the . (~C~eAa, V~ ~ right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(i)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. n o r r n .. ~~ r ~m r n•r ~i.. rn~~.re ri n~ ~ r~i r n r r r .rr• r WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: ~ ~S ~ _ bcef3 ,~ ~~~ , 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~O ~~c~h~\ ~ right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk Approved as to form and sufficiency: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney STATE OF ~ COUNTY OF BEFORE ME personally appeared ~~~L. ~ ~"~~ , who is [are] ally known me or [has] [have] produced and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that e] she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this _1~~- da of 20Q ~~~ w~ My commission expires: ~~~~ si Notary Public ~a~~~~.p„ COQ ~~rL (Seal) ~, nndrea Frackiewicz . tiw cortwr~sWOr+ o©32sne ~a t~ Expires Arqust 41 2ooe agt~sidewalk defeaal agreement WITNESSES: ,, .• N ~' N L~ W W ^ m C ~~ U N N m N N O O N N M Date: 03 Apri12007 .~~/. AGENDA ITEM NUMBER: ~' V AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 03 Apri12007 Description of Agenda Item (who, what, where, how much): Auproval/authorization for Mayor to sign sidewalk deferral agreement for 855 South Ocean Blvd. Recommendation Department Head Signature:. City Attorney Review/Recommendation (if applicable): 3 -2~-- a Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number: NA Description : NA Account Balance: NA Funding Alternatives: NA (if applicable) City Manager Review: Approved for Agenda~~/ No Initials: /~ Hold Until: Agenda Coordinator Review: Received: S:IEngAdminlsidewa/k defer-a1s1855 S ocean blvd agenda 2007-04-03.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF APRIL 3, 200? HOLD HARMLESS AGREEMENT/2492 S CORAL TRACE CIRCLE DATE: MARCH 30, 2007 This is before the Commission to approve and accept a hold harmless agreement to allow the property owner to install a fence across the existing right-of--way, along the west, south and east property lines, located at 2492 S Coral Trace Circle. The hold harmless agreement is attached. Recommend approval of the hold harmless agreement to allow the property owner to install a fence across the existing right-of--way, along the west, south and east property lines, located at 2492 S Coral Trace Circle. S:\City Clerk\AGENDA COVER MEMOS\Hold Harmless\Hold Harmless Agmt2492 S Coral Trace Circle 04.03.07.doc City Of Delray Beach Department of Environmental Services M E M O R A N D U M TO: David T. Harden FROM: Randal L. Krejcarek, P.E. DATE: 28 March 2007 SUBJECT: Hold Harmless Agreement for 2492 S Coral Trace Cir Commission Agenda Item The attached agenda item is for Commission approval/authorization for Mayor to execute a Hold Harmless agreement with the property owner 2492 S Coral Trace Circle. The Hold Harmless agreement allows the property owner to install a fence across the existing right-of--way. The right-of--way is twelve feet wide and was retained by the City, when Coral Trace was platted, in order to maintain access to the existing water main. The proposed fence will be placed along the west, south and east property lines. Attached is a location map. If acceptable please place it on the 04 Apr 2007 Commission agenda. Enc Cc Brian Shutt, Assistant City Attorney File C:IDocuments and SettingslsmithdlLoca/ SeftingslTemporary lntemet Filesl0LKD5EVrold harmless agenda memo (2).doc Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Dekay Beach, FL 33444 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 200 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and ~ctr ~ L' ~ a~K~r~ (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER owns property located at Zy9 Z S . ~ora1`Tc'cce C. ~ , Dekay Beach, Florida, and has requested CITY to allow for the installation of q ~~~~ in the public right-of--way; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the 1"ejlCG as a result of maintenance within the public right- of-way or any action brought against the CITY as a result of the ~enc~ in the public right-of--way. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A". 3. That OWNER wishes to install a(~ .~~~~ in the area, as shown on Exhibit "B", in the public right-of--way pursuant to the City of Delray Beach Code P~ ffeo''~'"" of Ordinances. No fence/slr~et~re-or any portion of such fence/s~ttctnre shall be within __~ s feet of the City's underground utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the _ ~~KG _ and any improvements thereto, which OWNER places within the public right-of--way and that OWNER shall be responsible for the upkeep and maintenance of such P rP and associated improvements in the public right-of--way in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the ~,~~ and improvements in the public right-of--way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the ~~Ce and associated improvements OWNER places within the public right-of--way. It is understood that any cost for replacement or repair of the ~,~ cr and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the ~/!C~ and associated improvements as a result of any maintenance or construction within the public right-of--way by the CITY. 6. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: 2 CITY: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: ~arl C hAr}Gfb~~l Zvi 4 2 S . ~of G. t 1 c-G.cc Ci ~' ~ -~L-• 33YYv=3Col~ 7. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising oat of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: 0 (Print or Type Name) Q~L--~~~ ~. _ ~. ,C'1,.. CITY OF DELRAY BEACH, FLORIDA By: OWNER: By~ ~~ orc1 (Print or Type Name) (Print or Type Name) (SEAL) 3 STATE OF FI or> d0. COUNTY OF Pp 1 m 1~o C~. The foregoing instrument was acknowledged before me this ~n d da of 'l Y b , 2061 by ~1Cir 1 L'ha.~'i-~o--G~. (~ r--rr___ __agentj--of -------- r p ace of i tion. He/She• ' r has produced Dy-i / er 's ,(: cen .tom (type of identification) as identification and did/did not take an oath. C'Z~~- .f/3-58-388- a FL Signa of Notary Pu c - State of ori~o•.. (SEAL) :~;~~'~~~ Catherine tnglese "; d*; Commission # DD566576 ~;~~ . .~ Expires Ja1y 22, 201D ~~~ lontlW Trot MM • Inwrone~, Me a0o. 7M~1011 4 2492 S Coral Trace Circle Exhibit A Lot 36, Section B, Coral Trace C:IDocuments and SettingslsmithdlLocal SettingslTemporary lnternef Filesl0LKD5Elexhibit a.doc L .~ U ~ ~ ~ , ~ v ~_ ~ ~ ~ DO ,$, ~~ L ~ - --f'~+ L' U ~ j p ~ d N ~ `~ ~ ~ o 4 cv --~-~ N s - r ~' . ,~ V U m c~ L 0 N CO M ~` r • ,. r s oouKawr sutsvCr r5 8A9E0 UPON TN£ LECAL OESCRIPTlONS .f.URNKHED -' DY THE CLIENT, t ~ R~= asp ~ ~ -~ ~ -- ~ ~ ~ ~ Z: -tEASURHENTS SHOWN ftEREON ARE fXPRESSEO FN FEET ANO THEROF, OECDAAL T7~RT5 . . .. .. a' • crarA~t µr,tE i ' AqC tEtfe;x . pF+! : RIWti DF ~~}~ ~ ~ 3: RALPH D, QENUzILO .dc . ~~"+~' ANO~ All 1NFOR ~ES'ING RESERVES THE RtGttT TD:UTtUZ&:,~ I.(AAON: MN~D ~IN•tiTIE PREP - .~ :-ii ~ ''' INCLUgN T r ~ . _ b SET~rOxERETE RDxIIxExr ~ . ~ str yrDxaoy s[7~AA7t'Ax ' i ' ,: , , . -. TNiS ~ AR G ION QF S'SU OF LAND SURVEY. FOR ANY ~~' ', OTHER PURPOSES a: OIAIENSWNS .r~.~ D Ci r ... . rawD Etx+CaEYE x0KA4Exr s7R sEr • - . SHOWN AR T }~ pp~~JJ ,$E, ~AQK~EN AT THE {)(POSED AREAS OF IMPRIYVEIdE t~l N7S~ ~~... NtYQE(kF$•~t1T1UT1 RENTER S~ '~ ~ pi(AY . M.7a~ ~Dx ~ ., -~ rao ., vp~ `~ . ES 7t E5 OR OTHER SU85URF Y5CA7 __._ _ O"T"'1. ED FOR THE PURPDSE OF THIS SURVEY;:-. ~.: ~•-:; ~.~ ~~ S: SOURCES OF IHFORMPETtON ySED. - ~ IN ~ PREPARATK)N S Fa E ~ .. ~ °PM~f CawcKEKxr , . ~ OF ID MS: ~• . , ..:.., - TylS SURVEY ARE ._ .•..... _ RDfiD-PLAT ~F'OORtI TRACE (PLAT BOOK 82 P " ~.. .. . `. OF RtE PU~tC REC AGES 1`97~' b T "' :.. ' ,, ~• im ~ ~D i DEE C CAtCtLAYED. . ~ - RS ` ORDS p Z . ) b: TtR5 SURVEY GAY L~..AW .BFJ1fkl COUNTY HOT 8E REEpp. ROOtJGE~D'EN•"WHOLE OR IN PARi:V11THO11'r~~TttE`~~ - ~ ~ ....... .. PERHISStDN-OF•RACPH"D 'l7EkU .... ~ . PRDDYKYSSNUML lNr1M~ xv~F"L rfa ° PERx~xcxY RCrEA[ p ~~ "°tA7 pppr.., '.. . . . . ZZK) de ASSOCIATES. INC, ~, BEARINCS ARE 8ASE0 OAl THE MtEST~ QOUNOARY UNE OF THE E`e_~~ " . • ... ;. 9; THIS SURVEY CA/IPJ CANAL (ES ~ ` ` ~`:•.~•. .- ' P'~ ~ . ..'^.43CTI[~p[T£~![~tMnrExi_~: ~ ~ ~ C~ ~ ' . ~ ... ....-.. .. . • ~W(TH 1 HE 111MAjUlt TECHNECAL ST _.. ' ESTABLISHED ~~BY CHAPTER 61-Gi 7-b OF THE ~PLORIpA ADIAAN(N~IS'iDR 77V ttN.TCRUxE .. . , - .; €~ ~ [IX,E pF M1r,Ex[xr ..;_: . - . Y~ ~ PRrIDt6CD W E :r:. CODE.:.. , GBE .. .. ~ .. . . ,. - .... .,, SIE~ 3 Q a ~ o~ a: u7 v a: Q, L.1 ~ x~ a no ~S IR z LJ 3 0 CERTIFIEp TQ: 10" UT(LIT'Y EASEMfENT KARL k. f•}IAKFLIRD AND SHELLY G. CHAKFORD, fits NIFE ANERTCAN AIRLINES FEDERAL CREDIT UN217N ITS SUCCESSORS pkD/TIR ASSIGkS-ATINA GARDEN TITLE, INC. , Sc J 3 W ra V7 l(7 f•- _, U LEGAL DESCRIPTIE]N LOT 36 SECTION "B' OF' CORAL TRACE ACCORDING TO TWE PLAT THEREOF AS RECORDED IN PLAT Bt]OK 82, PAGES I97 7tIR0~lGH 201 OE THE PUBLIC RECORDS Of PALM BEACH CQUNTY, FLORIDA, FINAL SURVEY - LflT 36 CQRA~ TRACE A JOINT VENTURE T1$ UNDERSIGNED SURVEYOR HAS NOT BEEN PROV[OED a CURRENt TiTLf OPINION OR ABSTRaC1 OF NairfRs AFFECTING i[TI.F OR BOUNDARY TO THE SUBJECT PROPERTY. fT IS POSSIBLE THAT iRERE ARE DEEDS OF REC{IRO, UNRECQ2DED DEEDS, EASEMENTS OR OTHER IHSTRUMEkiS 1fWT COULD AFFECT THE BOUNDARIEY. REVISED 7-26-00 FDRRBDARD REVISED 2-07-0I F(NAL [AIGIHaIIRATSED~SEAI OF ALFEURIDAA [EEHSED SURVEYOR AND MAPPER DATE OF FIELDS Y _'--- - - DOtN~ t Ii-F. PRpUp. PSM- `. _ -_. _ - FIOftIDA REC H0. 1Si03Y ~~ ~ ~1g3~1fffi~~IIJ~ ~..~~~1~~~9i~~~ ~~~ 1EIH 11p 95a~ Consulting Engineers, , o Planners,Surveyors . . >IRAVx 8T: ROD II . 6100 Boulevard of Champions North Lauderdale Florid r1ELnBOac i _ _ , a 33068 DAiE: !2/23/99 LB NQ. 0 003444 scALE: 1'= So• }54) . 969- 100 .~ iYllw.~ FAX (954.} 969-96£In er.... sIcET It!). _, nF I r......., ~:~r ~crrc~ ~'o.,hcS t...aa~ Tc.~K ~ s~~~ ~. ~„ ~ yX`1 ,Pos"~' ~ E~s4v~ 1.~..~Jsc~.P~9 I Tr,ce;.s Date: 15 Mar 2007 AGENDA ITEM NUMBER: t~ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 20 Mar 2007 Description of Agenda Item (who, what, where, how much): Commission approvaUaut gri tion for Mayor to execute a hold harmless agreement with Karl Chakford ECG oral Trace Cir) for the construction of a fence in the existing utility easement. This agreement is subject to review and approval by the City Attorney. Staff Recommendation: Department Head Signa City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~~ / No Initials: Hold Until: (if applicable) fxi~~l Agenda Coordinator Review: Received: S:\EngAdmin\TAC\2429 S Coral Trace Cir\hold harmless agenda item.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~. SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF APRIL 3, 2007 CHANGE ORDER N0.5/DURACLEAN D/B/A THE PRINCIPLE, LLC DATE: MARCH 30, 2007 This is before Commission to approve Change Order No. 5 to the original contract in the amount of $9,454.31 to Duraclean d/b/a The Principle Group, LLC for additional water damage and microbial remediation at the Municipal Golf Course Clubhouse. During the water and mold remediation process, there were additional contaminated areas found and decontaminated, which were not identified on the plans. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). Recommend approval of Change Order No. 5 in the amount of $9,454.31 to Duraclean d/b/a The Principle Group, LLC. S:\City Clerk\AGENDA COVER MEMOS\Contract Addition\CO 5 Duraclean dba The Principle Group LLC 04.03.07.doc City Of Delray Beach Department of Environmental Services M E M O R A N D U M www. delrayesd. com TO: David Harden, City Manager FROM: BOB DIAZ, CONSTRUCTION MANAGE SUBJECT: WATER DAMAGE & MICROBIAL REMEDIATION Golf Course Club House (P/N 2006-040) DATE: MARCH 26, 2007 Attached is an Agenda Request for City Commission to approve Change Order No. 5 to Contract for Duraclean d/b/a The Principle Group LLC, in the amount of $9,454.31 dollars. During the water and mold remediation process, additional contaminated areas not identified on the plans were found and decontaminated. The cost for the additional remediation, a square foot dollar amount agreed to at contract time, becomes a net increase to purchase order number 637433 by $9,454.31. Schedule "A" Attached hereto for reference includes specific details regarding the various locations. Contract Change Order No.S attached for your review and approval. Funding is proposed from account # 551-1575-591-45.50 ($9,454.31) Insurance Fund Property Claims. CC: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero, Deputy Director of Construction Jim Schmitz; Deputy Director Public Works Carolanne Kucmerowski, CMT Chevelle Nubin, City Clerks Office Robin Cox; Risk Management Agenda File 4/03/07 File 2006-040(A) S:\EngAdmin\Projects\2006\2006-040\OFFICIAL\Duraclean CO#5- MEMO 4.03.07.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 5 PROJECT NO. 2006-040 DATE: PROJECT TITLE: Delray Beach Golf & Country Club TO CONTRACTOR: Duraclean d/b/a The Principle Group LLC YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached schedule "A" (Duraclean Proposal) Contract time with respects to Change Order No. 5 under the above contract will remain the same as per the fully executed Notice to Proceed. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 50,281.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 63,611.03 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $113,892.03 COST OF CONSTRUCTION CHANGES THIS ORDER $ 9,454.31 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $123,346.34 PER CENT INCREASE THIS CHANGE ORDER 18.80 TOTAL PER CENT INCREASE TO DATE 145.31 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Duraclean d/b/a The Principle Group LLC (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is proposed from account: 551-1575-591-45.50 $9,454.31 DEPARTMENT RECOMMEND: Environmental Services APPROVED: FUNDING By: ATTEST: By: CERTIFIED BY City Manager City Attorney City Clerk SC ffCJ U LL !`~ P~ " Duraclean Restoration and Remediation CGC 1504259 3725 Investment Lane Riviera Beach, Florida 33404 ~' (561) 881-8898 phone (561) 881-8668 fax Client: City of Delray Beach Property: Billing: Operator Info: Operator. Estimator: Reference: Title: Cornpany: Business: Type of Estimate: Dates: Date Entered: 2200 Highland Avenue Dehay Beach, FL 33445 434 S. Swinton Avenue Delray Beach, FL 33444 CMATHIS Chad Mathis Bob Diaz Constmction Manager City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Mold Remediation 07/26/06 Date Assigned: 08/02/06 Price List: FLWB2B6D Restoration/Service/Remodel with Service Charges Factored In Estimate: (16-04302 lOMAR07 Home: (561) 243-7343 Fax (561)243-7314 Business: (561)243-7343 Business: (561)243-7343 Additional workbeing billed: -extra comer bead due to existing comerbead being rusted out (OT already covered) -skim coat walls where wallpaper could not be removed effectively (OT already covered) -crown due to remediation extending to ceiling in ballroom -Painting/caulking new crown -Additional wallpaper in areas of expanded remediation (extra wall in ballroom, Suggs room, men's rest room) 5'~~ucC= "''!~ Duraclean Restoration and Remediation CGC 1504259 3725 Investment Lane Riviera Beach, Florida 33404 (561) 881-8898 phone (561) 881-8668 fax Room: 06-04302 IOMAR07 DFSCRIPTION QNTY RIIVIOVE R~LACE TOTAL Repair rusted comerbead above remediation 8.00 HR 0.00 65.00 520.00 area in ballrooms; 2 carpenters, 4 hours Materials (additional comer bead, and to 1.00 FA 0.00 450.00 450.00 slam coat walls with additional wallpaper rermval, new crown where remediation extended to ceiling, paint, Hard to slam-coat walls, base in storage room) Additional caulldng and painting of new 24.00I-iR 0.00 65.00 1,560.00 crown in ballroom area and painting in men's room 3 painters, 8 hours Drywall Installer /Finisher -per hour, skim 24.00 HR 0.00 65.00 1,560.00 coat entire wall where remediation extended in ballroom due to wallpaper not able to be removed. 2 techs, 12 hours Finish Carpenter -per hour, supply and 16.00 HR 0.00 64.00 1,024.00 install new crown in ballroom due to remediation extending to ceiling. 2 technicians, 8 hours Additional labor and materials to wallpaper 1.00 EA 0.00 4,080.31 4,080.31 the following: additional wall @ storage room ($449.76), walls in Suggs room ($1638.55), walls in men's restroom ($1992.00); billed at cost + 20% as per contract Labor to install base in storage room 4.00 HR 0.00 65.00 260.00 Room Totals : 06-04302_ l OMAR07 9,454.31 06-04302 lOMAR07 03/10/2007 Page: 2 S(~E~ULC ~~'~ Duraclean Restoration and Remediation CGC 1504259 3725 Investment Lane Riviera Beach, Florida 33404 ~ (561) 881-8898 phone (561) 881-8668 fax Grand Total Areas: 0.00 SF Walls 0.00 SF Ceiling 0.00 SF Walls & Ceiling 0.00 SF Floor 0.00 SYFlooring 0.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 0.00 LF Ceil. Perimeter 0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area 0.00 Exterior W all Area 0.00 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 0.00 Area of Face 1 06-04302 IOMAR07 03/ 10/2007 Page: 3 Duraciean Restoration and Remediation CGC 1504259 Grand Total 3725 investment Lane Riviera Beach, Florida 33404 ® (561)881-8848 phone {561) 881-8668 fax Summary for Mold Remediation Lane Item Total 9,454.31 Chad Mathis 9,45431 06-04302_IOMAR07 03/10/2007 Page:4 Agenda Item No. ~~ Request to be placed on: AGENDA REQUEST X Regular Agenda Special Agenda Workshop Agenda Date: 26 Mar 2007 When: 3 Apr 2007 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Change Order No. 5 to Contract with Duraclean, Inc. The cost for the additional remediation, a square foot dollar amount agreed to at contract time, becomes a net increase to purchase order number 637433 by $9,454.31. Schedule "A" ~~ Attached hereto for reference in f . ~PSC/v6~ 'r~ u~~1S~e+,l J'Ce e Fundin is ro osed as follows: Account # 551-1575-591-45.50 for the amount of $9 454.31 ~~ ~h ~~r~. 9 P p , ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department head s Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r Ired on all ' ems i volvi ~g2cpenditure of funds): Funding available:(YE NO "3? z-$~ ~ // Funding alternatives (if applicable) Account No. & Description Account Balance $ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: CYE~/NO ~/'~~ Placed on Agenda: Action: Approved/Disapproved cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero, Deputy Director of Construction Jim Schmitz; Deputy Director Public Works Chevelle Nubin, City Clerks Office Robin Cox; Risk Management Agenda File 4/2/07 File 2006-040(A) S:1EngAdminlProjects1200612006-04010FFICIAL1Duraclean CO#5- Agenda 4.03.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: MARCH 30, 2007 This is before Commission to approve Service Authorization No. 1.4 (Amendment 4 to Service Authorization No. 1) to CH2M Hill, Inc. in the amount of $7,500.00 for professional services for meeting with the Florida Department of Environmental Protection (FDEP) and Palm Beach County Health Department (PBCHD) regarding re-permitting the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance Costs). Recommend approval of Service Authorization No. 1.4 (Amendment 4 to Service Authorization No. 1) to CH2M Hill, Inc. in the amount of $7,500.00 for professional services for meeting with the Florida Department of Environmental Protection (FDEP) and Palm Beach County Health Department (PBCHD) regarding re-permitting the Aquifer Storage and Recovery Well. S:\City perk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Setvice Authorization Agenda Memos\ServiceAuth #1.4 Amend No 4 CH2M Hill Inc 04.03.07.doc SERVICE AUTHORIZATION N0.1.4/CH2M HILL, INC. City Of Delray Beach Department of Environmental Services -j~:.:~` M E M O R A N D U M www. m ydelra vbeach. com TO: David T. Harden, City Manager FROM: Victor Majtenyi, Deputy Director of Public Utilities`~~ ~~~ SUBJECT: AQUIFER STORAGE AND RECOVERY (ASR) REHABILITATION (P/N 2003-014) Agenda Item: Service Authorization #1.4 to CH2M Hill DATE: March 26, 2007 Attached is a request for City Commission to approve Service Authorization #1.4 (Amendment 4 to Service Authorization #1) to CH2M Hill, Inc. for professional services related to the Aquifer Storage and Recovery Well. Under Service Authorization #1.4 (Task 3), the consultant will meet with representatives from the Florida Department of Environmental Protection (FDEP) and the Palm Beach County Health Department (PBCHD) relating to re- permitting the well. Service Authorization #1.4 is in the amount of $7,500. To re-permit the well with FDEP, water quality data had been collected under previously approved Service Authorization #1.2 (Task 1; $12,000), Water Quality Characterization. The results from the characterization confirmed the presence of arsenic in the ASR Well to be in excess of the United States Environmental Protection Agency's Primary Drinking Water Standard. Service Authorization #1.3 (Task 2; $20,000), bench-scale treatment evaluation indicated that the City's current treatment process can be used to treat the water from the ASR Well to bring the arsenic concentration to acceptable levels. Under Task #3, the results of the geochemical characterization and the bench scale treatment evaluation will be presented to FDEP and PBCHD to identify technical requirements and a course of action and for re-permitting the well. Staff recommends approval of Service Authorization #1.4 (Task 3) to CH2M Hill in the amount of $7,500.00, for meeting with Florida Department of Environmental Protection to discuss re-permitting the ASR Well. Total services include Task 1, water quality characterization (completed); Task 2, bench-scale treatment evaluation (completed), and Task 3, meetings with FDEP (under consideration). Costs associated with each Task are $12,000, $20,000, and $7,500, respectively, for a total of $39,500. Funding is available from Account #442-5178-536-46.90 (Water and Sewer RenewaUOther Repair & Maintenance Costs) in the amount of $7,500.00. cc: Richard C. Hasko, P.E.; Director of Environmental Services Juan Manzano; Environmental Compliance Manager John Bullard, Manager of Water Treatment Plant City Clerks Office Agenda File 04-03-07 Project File 2003-014 S:\EngAdmin\Projects\2003\2003-O14\OFFICIAL\Agenda memo CH2 SA 1.4 04-03-07.doc Service Authorization No. ~.4 to the Agreement to Furnish Professional Services Dated April 28, 2004, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: City Project Number: 2003-014 Title: Geochemical Investjgation of the Aquifer Storage and Recovery Well Category of Work: Professional Engineering Services General This SERVICE AUTHORIZATION shall modify the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an amendment to this agreement. Introduction Water quality data from samples collected from the City of Delray Beach (C1TY) Aquifer Storage and Recovery (ASR) well suggested that additional treatment may be required prior to placing the well back into service. Bench-scale testing, using water from the CITY's ASR well and raw water from the City's Water Treatment Plant (WTP) indicated that the CITY's current treatment process can be used to treat the water from the ASR well. This Service Authorization will authorize CH2M HILL to provide professional engineering consulting services related to putting the well back into service, specifically meeting with representatives from the Florida Department of Environmental Protection (FDEP} and the Palm Beach County Health Department. Scope of Services Task 1-Water Quality Characterization This Task is complete. Work was performed under Service Authorization #1.2. Task 2 -Bench-Scale Treatment Evaluation This Task is complete. Work was performed under Service Authorization #1.3. Task 3 -Meeting with FDEP (Allowance) CH2M HILL will coordinate a meeting between the CITY and the Florida Department of Environmental Protection (FDEP) to discuss re-permitting the well. The meeting will be used to present the results of the geochemical characterization and the treatability testing and identify a path forward for re-permitting the CTTY's well. A meeting summary will be prepared and distributed to all participants. A representative from the Palm Beach County Health Department will be invited to participate in the meeting, as health department clearance will ultimately be required to place the well back in service. Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Service Authorization from the CITY, which will serve as the notice to proceed. The following summarizes the proposed schedule. Task Time of Completion start Duration Task 3 -Meeting with FDEP and Meeting Summary Upon notice to proceed from CITY 30 days Assumptions • Additional work required to meet Palm Beach County Health Department requirements or requests will require an amendment to this service authorization. Compensation to the CONSULTANT Compensation for the work described in this service authorization shall be on slump-sum basis as follows: Task Price Task 3 -Meeting with FpEP and Meeting Summary $7,500 TOTAL $7,500 This service authorization is approved contingent upon the CTTY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CTTY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT will commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. SERVICE AUTHORIZATION #1.3 PAGE 2 ~ 3 PflV 2003-014 Geod~nical Imresbgation ~ the Aquifer Storage and Reo~very WeM Approved by: CITY OF DELRAY BEACH: Jeff Perlman Mayor Attest: (date) Approved as to Legal Sufficiency and Form C:tjZM tilLL , 1NC.:. Wendy Nero (date) Area Manager Witness (date) Witness (date) STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of March, 2007, by Wendy Nero, Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. She is personally known to me and (did/did not) take an oath Dorothy Gomm Notary Public State of Florida (~~) SERVICE AUTHORIZATION tt1.3 PAGE 3 OF 3 PM 2003-014 Geod~err~ical InvagtigaUon of the Aqu~er Storage and Recovery Well Agenda Item No. ~' AGENDA REQUEST Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda Date March 26, 2007 When: April 3, 2007 Description of item (who, what, where, how much): Approval of Service Authorization #1.4 (Amendment 4 to Service Authorization #1) to CH2M Hill, Inc. for professional services related to the Aquifer Storage and Recovery Well. Under Service Authorization #1.4, the consultant will meet with representatives from the Florida Department of Environmental Protection (FDEP) and the Palm Beach County Health Department (PBCHD) relating to re-permitting the well. Service Authorization #1.4 (Task 3) is in the amount of $7,500. Funding is available from Account #442-5178-536-46.90 (Water and Sewer Renewal/Other Repair & Maintenance Costs) in the amount of $7,500.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Servi uthorization #1.4 (Task 3) to CH2M Hill in the amount of $7,500 to conduct meetings with FDEP and HD for ermitt' g e SR Well. .~ Department head signature: 3' Z~ ~ G ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r Ir d on aIG'~-/ms involving expenditure of funds): -rt City Manager Review: ~;'~ ~~ -'~ Approved for agenda: ~~%NO _ Tom! Hold Until: Funding available: E O (see above) Funding alternativ If applic ble): Account No. & Description ~2 "S / 36 . '-~lo ' 9 ( ~' ~~~~ ,"" Account Balance ¢4~6 fv~~ Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved S:1EngAdminlProjects12003\2003-014\OFFICIAL1Agenda req CH2 SA 1.4 04.03.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: MARCH 30, 2007 This item is before the Commission to approve an agreement between the Ciry and Palm Beach County to allow the Recreation Assistance Program (R.AP) District 7 to reimburse the Ciry in an amount up to $4,000.00 for the Delray Beach Step Team Competition for eligible expenses incurred within the time frame of January 1, 2007 through May 25, 2007. The eligible expenses include refreshments, awards, disc jockey, security, video, uniforms, trophies and other associated expenses. Recommend approval of an agreement between the City and Palm Beach County to allow the Recreation Assistance Program (R.AP) District 7 to reimburse the Ciry in an amount up to $4,000.00 for the Delray Beach Step Team Competition for eligible expenses incurred within the time frame of January 1, 2007 through May 25, 2007. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Agreement PBC RAP DB Step Team Competition 04.03.07.doc FUNDING AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH STEP TEAM COMPETITION CITE OF RAC DEL BEA[H DELRAY BEACH 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 • 561/243-7000 All-America City 1993 2001 TO: FROM: David Harden City Manager MEMORANDUM Joe Weldon Director of Parks and Recreation SUBJECT: Recreation Assistance Program for Step Team Competition DATE: March 22, 2007 We have received a grant from Palm Beach County Parks and Recreation Department on funding assistance from RAP (Recreation Assistance Program) for our step team competition. The County has submitted an agreement in which RAP would reimburse the City of Delray Beach in an amount not to exceed $4,000 for eligible expenses incurred between January 1, 2007 and May 25, 2007. Eligible expenses would include refreshments, awards, disc jockey, security, video, uniforms, trophies and other associated expenses. After City Commission approval, both original agreements will be sent to Palm Beach County for approval. Please place this on the April 3, 2007 agenda for City Commission consideration. tix-~-~,J J e Weldon Di ctor of Parks and Recreation Ref:rapstep ® Printed on Recycled Paper T H E E F F O R T Q L W AY S MATTER S ~. ,p _. ./ \LORI9% Department of Pazks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 963-6734 www.pbcparks.com ^ Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, vice Chair Karen T. Marcus Wazren H. Newell Mary McCarty Burt Aaronson Jess R. Santamazia County Administrator Robert Weisman An Bqua! Opporhrnity A,, f'irrrradve Action ~'mployer" March 7, 2007 Mr. Joe Weldon, Parks and Recreation Director City of Delray Beach City Hall, 100 N.W. First Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY FY 2006-2007 RECREATION ASSISTANCE PROGRAM (RAP) FUNDING AGREEMENT FOR THE DELRAY BEACH STEP TEAM COMPETITION Dear Mr: Weldon: Attached for execution on behalf of the City of Delray Beach is an Agreement in an amount not-to-exceed $4,000 to help offset costs for the Delray Beach Step Team Competition. This funding is from the Recreation Assistance Program (RAP) District 7. The Agreement allows for the reimbursement of eligible expenses incurred within the time frame of January 1, 2007, through May 25, 2007. Expenses eligible for reimbursement include refreshments, awards, disc jockey, security, video, uniforms, trophies, and other miscellaneous expenses associated with the Event. Please obtain signature of this Agreement on behalf of the City of Delray Beach and return both originals to me for placement on the agenda for approval by the Board of County Commissioners. The financial forms (Exhibit B) should not be completed or submitted until after the fully executed Agreement has been approved by Palm Beach County. If you have any questions on the Agreement, please call Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Addie L. Greene and the Board of County Commissioners, we are pleased to again assist Delray Beach with costs for this community youth recreational event. Sl~ Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachment: Two Originals of RAP Agreement #or Execution and Return Copy to: Commissioner Addie L. Greene, District 7 David Ricks (Pompey Park Recreation Center, 1101 N.W. 2"d Avenue, Delray Beach, FL 33444) printed on recycled paper AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE DELRAY BEACH STEP TEAM COMPETITION THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "Delray Beach". WITNESSETH: WHEREAS, Delray Beach hosted a step team competition for local high schools and the community on February 2, 2007, at Atlantic Community High School in Delray Beach (the Event); and WHEREAS, the Event consisted of various teams performing and being judged on theme incorporation, creativity, precision, appearance/costumes, volume of step/chants, and overall pertormances; and WHEREAS, the purpose of the Event was to allow the community to observe youth involved in entertaining activities that require teamwork; and WHEREAS, approximately 192 participants and 300 spectators attended the Event; and WHEREAS, the Event cost approximately $4,000 for refreshments for participants, awards, disc jockey, security, video, uniforms, trophies, and other miscellaneous expenses associated with the Event; and WHEREAS, Delray Beach has requested from County an amount not to exceed $4,000 to help offset costs for Event expenses; and WHEREAS, County desires to provide funding to offset costs for the Event; and WHEREAS, funding for the Event in an amount not to exceed $4,000 is available from the Recreation Assistance Program (RAP) -District 7; and WHEREAS, Delray Beach's cultural arts, recreational, and community events are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $4,000 to Delray Beach for the Event for refreshments for participants, awards, disc jockey, security, video, uniforms, trophies, and other miscellaneous expenses associated with the Event, as specifically set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds. to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which. are required for each and every reimbursement requested by Delray Beach. Said information shall list each invoice paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach along with the number and date of the respective check or proof of payment for said payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as indicated. 3. Delray Beach incurred expenses for the Project beginning on January 1, 2007. Those costs incurred by Delray Beach for the Project, approved and submitted accordingly by Delray Beach subsequent to January 1, 2007, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds may be used as a match for other local, state, or federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Delray Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Delray Beach shall be responsible for the operation and maintenance of the Project, including all associated Project costs. 7. The term of this Agreement shall be until August 25, 2007, commericing upon the 2 date of execution by the parties hereto. 8. The parties agree that, in the event Delray Beach is in default of its obligations under this Agreement, the County shall provide Delray Beach thirty (30) days written notice to cure the default. In the event Delray Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Delray Beach for the Project deemed to be in default and Delray Beach shall return any County RAP funds already collected by Delray Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Delray Beach shall complete the Project by May 25, 2007, and invoices and checks submitted for reimbursement must be dated within the project time frame of January 1, 2007, through May 25, 2007. Delray Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before August 25, 2007. Upon written notification to County at least ninety (90) days prior to that date Delray Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Delray Beach's request for said extension . 11. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Delray Beach. The determination that Delray Beach has ceased or suspended the Project shall be made by County and Delray Beach agrees to be bound by County's determination. 12. Delray Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Delray Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 3. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and agreed that Delray Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Delray Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. Inconsideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the period prior to the Agreement for which Delray Beach is eligible to receive reimbursement from the County. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Delray Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Delray Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Delray Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Delray Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 440, Prior to execution of this Agreement by the County, Delray Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for theabove mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks 4 and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. 16. Upon request by County, Delray Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Delray Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Delray Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or pertorming any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 5 As to Delray Beach: City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-parry beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By Commissioner Addie L. Greene, Chairperson CITY OF DELRAY BEACH Mayor APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department 6 Recreation Assistance Program (RAP) Exhibit "A" to Agreement Name of Municipality: Clty of Delray Beach Mailing Address: 100 N.W. First Avenue, Delray Beach, FL 33444 Name of Mayor: Jeff Perlman Name of City Manager: David xarden Project Liaison Information: Name: David Ricks Telephone #: (561) 243-7356 FaX #: (561) 243-7342 @-mall: ricks@ci.delray-beach.fl.us PROJECT INFORMATION 1. Name of Project: Delray Beach Step Team Competitions 2. Project Description • General (Project Scope): Host a Step Team Competition with various step teams for local high school and the community. Each team will perform for a maximum of ten minutes. Teams will be fudged on theme incorporation, creativity, precision, appearance/costumes, volume of step/chants, and overall performance. Cain ~},~}.nn Was held en relp/'t6ar-I ~~ ~jaZ• • Public Purpose: To allow the community to observe youth involved in activities that require teamwork that is entertaining for the entire family. • LOCatIOn: Atlantic Community High School 2455 W. Atlantic Avenue, Delray Beach, FL 33445 • Anticipated Number of Participarits/Users: 192 participants / 300 users Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do not include expenditure line item budget/ amounts. Refreshments for participants: Awards: D.J. Security: Video: Uniforms: Trophies: Miscellaneous Supplies: 4. Estimated Lump Sum Total for Project: $4,000.00 5. Project Initiation date (date of first invoice for which reimbursement will be requested) and anticipated End date (date which project will be completed and all invoices paid). -2~e~'~' to 5/25/o~ Il ~/071,o.y Note: Invoices and copies of proof of payment documents will be required for Project/Program reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, all invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of Insurance Sel f Amount of Recreation Assistance Program Funding awarded $ 4.000 District 7 (filled in y ounty) Form available online by request. Contact Susan Yinger at svinperC~ obcpov.com EXHIBIT A Page 1 ~„ PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT ~~~ CONTRACT PAYMENT REQUEST Date Grantee _ Submission #: Item Contractual Services Salary & Wages (% of salaries) Materials, Supplies, Direct Purchases Equipment Travel Indirect Costs _ Project Name: Reimbursement Period: Project Costs Ke~L This Submission (C) (S) (M) (E) (T1 (I) EXHIBIT B Cumulative Project Costs TOTAL PROJECT COSTS i C =Contractual Services i S =Salary & Wages Kev Legend a M =Materials, Supplies, Direct Purchases i E =Equipment I T = Travei 1 ~ I =Indirect Costs ~ i.._...........,........_........._......_......_......_._..._._......_.__........_...._....._ ..................i Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Date Financial Officer Date County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: _ PBC USE ONLY PBC Project Administrator Date Department Director Date G:ISYINGER\FORMSI3 Pg -Exhibit B.xis Page 1 of m F- m_ x X W W J W W = ~ U N Z Q = ~ O U fx U O a H N W U 0° w oc ~ ~ N d Z J Qa Q Ga[ a~ z 0 U O .~ d c d E y ai E Z ~ m ld '~ c a v I ~ U J a 'c ~ ~~ ~ ~ ` U m `: {', ~ N d f ~yN mN mol ~~ ~ m }UI ~ Z` ~m d+~ i U~~w `~ c( a I ~ i u n n u u n~ ~ UN'~WF~I ,~, i........._..._ .............._.._.........._..; C". O ,~ r E a a l l ll ll l l l l l l l l l i l =1 1 1 1 1 1 11 1 1 1 1 1 11 1 1 v 'o C :: r ~ v 0 `o Y d i Z C U Z YI I I I I I I I I I I I I I I I O v W C U O a d v a r N M V ~ ~ ~ ~ T ~ ~ r r CO ~k l I l I I I I I I I r l ~ I ~ ) ) *-I I C O a v rn '~ c o 'rn w ca ~ 3 - d r6 d ~ t y O N a ~ ~ c m fA N Y > U O d a L (ti U ~ m ~ m D. U m C U N O ~ U .i.. N C L O v C 'O O y a ~ ~ ~i w x Q d .o N m o ~~ .. ~ of m ~ N t~tl ~ a. (1Y ~ w ~ U y ~~ a~ ~ m ~ L t C O C ~~ O C U ~ Vi ~ d ~ U O ~ a U v° ~ c m d m 3 0 N O C N IV U 7 d m L r v m ~ U .O m o. r C> c c t. O y U O. U ~ m of O N 0 `o m H ~E 0 N GI O) O d m a a 0 w C7 Z i~ m ~^ m = c X ~ W O O t~ o cu ~v c m cv C -o Y O. U ~ N y .C e+ U ~ ~ U N d1 N L V ." U Q -a U ~ (0 y .`r O C ~ U ~ m ~; U7 y X ~ N W C C J r G 'c6 ~ _ F' W p <C C 3 't0 W = ~ ~ ~ ~w '°a ~aQ t~.> o Z W= pp ~ w L 7 ~ U O ~ d ° ¢ r c._ v o ~ a p F- T +~~ fV a W w ~ d E o m ~ o ~ o w ~~ W ~ ~~'~ C J N - ~ d a O ~ > c ~ a d N H ~ ~ m Z U a m Q ~ ~ Z O V tl ~ d ` o m U E .°~ 3 ~ ........_._..........._ .............._...........; ~ z v ~ `• ~ Y U ~ ' j ~ i ' a m I m •: ~ m H ~ ~_ ~ a ao ~ Y.' ~ ~ y ° ~ vi ro U i o °~ ~ O w ~ v ~ Ti € t0 ~, m m m V ~ ' d ~ Cc~~~~~ I i U ~, O p~~ W~ ~u ~ C ~ y ......I V .. ~~ W ~ ~ V N ~ •- L .L. ._ ..._ ._ . . ......_ .. R ~ a C C L O N ' ~ ~ 6 -w E ova d ~ O O a U a ~ I l l l l lllll lllllllllll m U. c :: 0 O M m m a m n W O ~ ~ t~ m N o O LL w c~ z y c7 to STATE -, STATE NATIONAL INSURANCE CO. Cf`RTI~IGATE OF INSURANCE SATE ISSUED: 2f2$107 PRODUCER Thls certificate is Issued es a mallet of information only and confers no rights upon Arthur J. Gatlagher & Co the certificate holder. Thls certificate oo~sNaramend, extend or after the coverage 2265 Glade9 Road afforded by the policies below. Suite 400 E. Boca Raton, Fl 33431 COMPANI~SAI=FORDJNGCOVERAGE COMPANY (Aj STATE NATIONAL iNSURANC& COMPANY INSURFp COMPANY (B} , Cliy of Delray Beach 100 Northwest 1s` Ave. ~ GOMPANY {C} Delray Beach, FL 33444 COMPANY (D} CgVERAGES This is to certify that the poilciea of insurance listed below have bean Issued to the Insured Hamad above for the polloy period tndicakad, noh~ithslanding any requirement, term or condition of any contract or other document with respect io which this cerltRcata may ba tssuad or may pertain, iha Insurance afforded by the polictas described herein Is subJect to a!I the temps, exclusions and conditions of such pollctes. Ltmils shown may trove bean reduced by paid claims. CO TYPGOFINSUFtANCE POIICYNUMa£R I'OLICYEFF£CTNa POUCYGXPIitATION UipiS ~ DATE AtAVO DATE; IdM10 GEN£W~l.ltAaIUTY A Oil COMM61iCIAlOENEftA4l.tABIIITY tdODD286832 10101106 t0161,'O7 G£NERALA60R£OATE SEEDEIAW O ClAUAS kiAOfi QD OCCUR. PROOUCTS~C06tPlOP A60 O giP1NER'81S CONTRACTOtY6 PR07 iACN OCCURriEt1CE FInE OARtAGE tOny ono Bea) kIEQ. EXPEN9Fr (any One pW6d1) AUTOAt081LE LIA131UTY A I>aANYAUTO M0002L5932 10.'01106 t0/0t/07 COMDINEOSlNOL1:l0,UT 5EEi;E~Ow a AIIOWNttonUT03 tsODlt_YINJURV..»~..~, O SCHFAUlEOAIrrOS DODItYEN,ft1RY(j.rauwai) O HIRED AVT09 PROPERTY OAAWGE p NON-f)N/NE0 AUT09 a cARAGC unenrrv r_xcESS uADItaTY A O UtAORELIA FORM EACH OCCURRENCE Si,00o,000. 194T1~ERT111WUMDRELLAFORM 61DD0288932 10101M6 10.'OtAOT AGOREOATE 52,000,000. WORxERS C01dPEN9AT10N bt0aD2P.6932 1(k0fl0e 11b'Ot107 STATUTORYUh1rT5 Statutory AND £hIPIOYERS' UADIUTY EACH ACCtOENT QISEAS&POIfCE LIMIT OIS£AS[-EACH £Mt'LOYEE xxxx- poucv st~~JECrro n ~~o ,oov~a.ac~tlJral~e sr.R. n DESCRIPTION OF,OPERATIOiVS1LOCATIONSNEH1ClES/SPECIAL. ITBMSY- All operations usual to a normal City Government including Palm Beach County as additional Insured but only to the extent of indemnity provisions of the applicable contract and only to the extent allowed by F.S. 768.28 with respects to recreation funding for Delray Divas Step Team Competitions. ._...... ,..........._.._.__..__.___,.~...._._._ All other terms and conditions of ~ol~ remain unchan~ed.,._y ,. ,.__~. ___ ._.,_~.......,,,......... CERTIFICATE HOLDER Should any of the above described pMlctes be cancelled bafpra the axplraUon Palm Seach County date thereof, the Issuing company wilt endeavor to mail ~q days vrllien notice to South the E;,arliftcate holder named to the lafit, but failure to mall such notice shall impose 2700 $s' Ave . FL 33481 no obltgatlon or ilabtlity of any kind upon the company, its agents ar Lake Worth , Altentlon: Susan Yinger, Adminlsttafive reprasen#ative9. Support Manager Aulhortzed signature: ~- Sandra M. Donaghy ~eatlotivbrook Insurar~ace Group Date: March 22, 2007 AGENDA ITEM NUMBER: ~ ~~ • ;_';? AGENDA REQUEST Request to be placed~oLn: Consent Agendar~!Kegular Agenda -Workshop Agenda -Special Agenda When: April 3, 2007 Description of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signature on, two agreements with Recreation Assistance Program with Palm Beach County to reimburse the City of Delray Beach up to $4,000 to the Delray Beach Step Team Competition for eligible expenses incurred between January 1, 2007 and May 25, 2007. Department Head Signature: City Attorney Re i w/Recommendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~Ye~s ! No Initials: ~ Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER r., SUBJECT: AGENDA ITEM # `-'~ -REGULAR MEETING OF APRIL 3, 2007 FUNDING AGREEMENT/PALM BEACH COUNTY/2007 INVITATIONAL FRIENDSHIP TOURNAMENT DATE: MARCH 30, 2007 This item is before the Commission to approve an agreement between the Ciry and Palm Beach County to allow the Recreation Assistance Program (RAP) District 7 to reimburse the City in an amount up to $5,000.00 for the 2007 Invitational Friendship Tournament for eligible expenses incurred within the time frame of May 1, 2007 and June 30, 2007. The eligible expenses include awards, trophies, lunch catering services, participant tee-shirts, advertisements, first aid kits, umpire fees, administrative supplies and other related expenses. The City will host this baseball and softball tournament from May 25 to May 27, 2007 at Pompey Park in conjunction with the Delray Beach American Little League. Recommend approval of an agreement between the Ciry and Palm Beach County to allow the Recreation Assistance Program (R.AP) District 7 to reimburse the City in an amount up to $5,000.00 for the 2007 Invitational Friendship Tournament for eligible expenses incurred within the time frame of May 1, 2007 and June 30, 2007. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Agreement PBC RAP 2007 Invitational Friendship Tournament 04.03.07.doc CITE ®F A~ DELR BEACH DELRAY BEACH 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 All-America City ~11~® 199 3 MEMORANDUM 2aoi TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Recreation Assistance Program Funding for 2007 Invitational Friendship Tournament DATE: March 22, 2007 We have received a grant from Palm Beach County Parks and Recreation Department on funding assistance from RAP (Recreation Assistance Program) for the City of Delray Beach to host the 2007 Invitational Friendship Tournament May 25 - 27, 2007 at Pompey Park in conjunction with the Delray Beach American Little League. The County has submitted an agreement in which RAP would reimburse the City of Delray Beach in an amount not to exceed $5,000 for eligible expenses incurred between May 1, 2007 and June 30, 2007. Eligible expenses include awards/trophies, lunch catering services, participant t-shirts, advertisements, first aid kits, umpire fees, administrative supplies and other related expenses. After City Commission approval, both original agreements will be sent to Palm Beach County for approval. Please place this on the April 3, 2007 agenda for City Commission consideration. Jo~ ~eldon Di e for of Parks and Recreation Ref:rapamll ® Printed on Recydecr Paper T H E E F F O R T Q L W AY S MATTER S ~~ti~cH c°~ a ~._ ~ . ,, . . ~ORI9~ March 7, 2007 Mr. Joe Weldon, Parks and Recreation Director Department of City of Delray Beach Parks and Recreation City Hall, 100 N.W. First Avenue 2700 6th Avenue South Delray Beach, FL 33444 Lake Worth, Fc.33461 RE: PALM BEACH COUNTY FY 2006-2007 RECREATION c56t> eeb-bboo ASSISTANCE PROGRAM (RAP) FUNDING AGREEMENT fOR 1•ax: (561) 963-6734 2007 INVITATIONAL FRIENDSHIP TOURNAMENT www.pbcparks.com Dear Mr. Weldon: ^ Attached for execution on behalf of the City of Delray Beach is an Agreement in an amount not-to-exceed $5,000 to help offset costs for the 2007 Invitational Friendship Tournament. This funding is from the Recreation Perim Beams county Assistance Program (RAP) District 7. The Agreement allows for the Board of County reimbursement of eligible expenses incurred within the time frame of May 1, Commissioners 2007, through June 30, 2007. Expenses eligible for reimbursement include Addie L. Greene, Chairperson lunch catering services, awards/trophies, t-shirts for participants, event Jeff Koons, Vice Chair advertisements, first aid kits, umpire fees, team gift bags, administrative supplies, and other miscellaneous expenses relating to the Event. Karen T. Marcus Warren H. Newell Please obtain signature of this Agreement on behalf of the City of Delray Beach and return both originals to me for placement on the agenda for Mary McCarty approval by the Board of County Commissioners. The financial forms (Exhibit Burt Aaronson B) should not be completed or submitted until after the fully executed Jess R. Santamaria Agreement has been approved by Palm Beach County. If you have any questions on the Agreement, please call Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Addie L. Greene and the Board of County Commissioners, we are pleased to County Administrator again assist Delray Beach with costs for this community youth athletic event. Robert Weisman Sincer , Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY An Equal Opportunity Attachment: Two Originals of RAP Agreement for Execution and Return ~~'~`a"veA``'°"Emp'°''~~ Copy to: Commissioner Addie L. Greene, District 7 Deirdra Roper (Pompey Park Recreation Center, 1101 N.W. 2na Avenue, Delray Beach, FL 33444) printed on recycled paper . AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE 2007 INVITATIONAL FRIENDSHIP TOURNAMENT THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "Delray Beach". WITNESSETH: WHEREAS, Delray Beach is hosting the 2007 Invitational Friendship Tournament on May 25 through May 27, 2007 at Pompey Park (the Event); and WHEREAS, the Event is a youth baseball and softball weekend tournament being held in conjunction with the Delray Beach American Little League; and WHEREAS, the purpose of the Event is to provide a positive outlet for the youth in the community while exposing them to friendly competition that the entire community can enjoy; and WHEREAS, approximately 8,000 participants and 1,500 spectators are anticipated to attend the Event; and WHEREAS, the Event is anticipated to cost approximately $6,000 for lunch catering services, awards/trophies, t-shirts for participants, event advertisements, first aid kits, umpire fees, team gift bags, administrative supplies, and other miscellaneous expenses associated with the Event; and WHEREAS, Delray Beach has requested from County an amount not to exceed $5,000 to help offset costs for Event expenses; and WHEREAS, County desires to provide funding to help offset costs for the Event; and WHEREAS, funding for the Event in an amount not to exceed $5,000 is available from the Recreation Assistance Program (RAP) -District 7; and WHEREAS, Delray Beach's cultural arts, recreational, and community events are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, inconsideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $5,000 td Delray Beach for the Event for lunch catering services, awards/trophies, t-shirts for participants, event advertisements, first aid kits, umpire fees, team gift bags, administrative supplies, and other miscellaneous expenses associated with the Event, as specifically set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project'. 2. County will use its best efforts to provide said funds to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried cut in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B",which are required for each and every reimbursement requested by Delray Beach. Said information shall list each invoice paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach along with the number and date of the respective check or proof of payment for said payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as indicated. 3. Delray Beach incurred expenses forthe Project beginning on May 1, 2007. Those costs incurred by Delray Beach for the Project, approved and submitted accordingly by Delray Beach subsequent to May 1, 2007, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds may be used as a match for other local, state, or federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Delray Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Delrajv Beach shall be responsible for the operation and maintenance of the Project, including all associated Project costs. 7. The term of this Agreement shall be until September 30, 2007, commencing upon the date of execution by the parties hereto. 8. The parties agree that, in the event Delray Beach is in default of its obligations under this Agreement, the County shall provide Delray Beach thirty (30) days written notice to cure the default. In the even# Delray Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Delray Beach forthe Project deemed to be in default and Delray Beach shall return any County RAP funds already collected by Delray Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement maybe terminated by the County, without cause, upon thirty (30) days priorwritten notice to the other party. This Agreement maybe terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Delray Beach shall complete the Project by June 30, 2007, and invoices and checks submitted for reimbursement must be dated within the project time frame of May 1, 2007, through June 30, 2007. Delray Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before September 30, 2007. Upon written notification to County at least ninety (90) days prior to that date Delray Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Delray Beach's request for said extension . 11. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Delray Beach. The determination that Delray Beach has ceased or suspended the Project shall be made by County and Delray Beach agrees to be bound by County's determination. 12. Delray Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Delray Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold .reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and agreed that Delray Beach is merely a recipient of County funding 3 and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding- under this Agreement and operates no control overthe Project. To the extent permitted bylaw and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Delray Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. Inconsideration for reimbursement of costs incurred priorto the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the period priorto the Agreement for which Delray Beach is eligible to receive reimbursement from the County. 15. W ithout waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Delray Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and beset forth by the legislature. In the event Delray Beach maintains third-parry commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Delray Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Delray Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 440. Prior to execution of this Agreement by the County, Delray Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. 4 16. Upon request by County, Delray Beach shall demonstrate financial accountabilitythrough the submission of acceptable financial audits performed by an independent auditor. 17. Delray Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Delray Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement maybe modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuarit to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Delray Beach: City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 5 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS Comptroller By: By Deputy Clerk Commissioner Addie L. Greene, Chairperson ATTEST: Bv: Deputy Clerk CITY OF DELRAY BEACH By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO TERMS AND CONDITIONS By: 6 Dennis L. Eshleman,. Director Parks arid Recreation Department Recreation Assistance Program (RAP) Exhibit "A" to Agreement Name of Municipality: City of Delray Beach Mailing Address: City Hall, 100 N.W. First Avenue, Delray Beach, FL 33444 Name of Mayor: Mayor Jeff Perlman Name of City Manager: ..David T. Harden Project Liaison Information: Name: Deirdra Roper Telephone #: 561 -243-7356 FaX #: 561-243-7342 e-mall: roper@ci.delray-beach,fl,us PROJECT INFORMATION 1. Name of Project: 2007 Invitational "Friendship" Tournament 2. Project Description • General (Project Scope): Pompey Park will be the host site .for this youth baseball and softball weekend tourna- ment. The City of Delray Beach Parks and Recreation Department along with the Delray Beach American Little League will be hosting this event on May 25- 27, 2007. • Public Purpose: To provide a positive outlet for the youth in the community while at the same time exposing them to friendly competition.. that the entire • cLo~t~~ty can enjoy. Pompey Park Recreation Center 1101 NWlnd Street Delray Beach, FL • Anticipated Number of Ffarticipants/Users: 80o participants ana 1500 spectators 3. Project Elements: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses". Do not include expenditure line item budget/ amounts Lunch catering services (2 days) Awards/Trophies Event T-Shirts for participants Event adverti.sement(flyers, posters, banners, news release) First Aid Kits Umpire Fees Team Gift bags Various miscellaneous administrative supplies 4. Estimated Lump Sum Totai for Project: $ 6 , 0 0 0 . o 0 5. Project Initiation date (date of first invoice for which reimbursement will be requested) and anticipated End date (date which project will be completed and all invoices paid). May .1 , 2007 to June 30, 2007 Note: Invoices and copies of proof of payment documents will be required for Project/Program reimbursement after the RAP Agreement is approved by the Board of County Commissioners. Do not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, all invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of Insurance x Amount of Recreation Assistance Program Funding awarded $ 5.000 District 7 (fined in sy~ty) Form available online by request. Contact Susan Yinger at svinoer~cbccov.com SXHIBIT A PALM BEACH COUNTY EXHIBIT B ~'~ PARKS AND RECREATION DEPARTMENT °"/O CONTRACT PAYMENT REQUEST Date Grantee _ Submission #: Item Contractual Services Salary & Wages (% of salaries) Materials, Supplies, Direct Purchases Equipment Travel Indirect Costs _ Project Name: Reimbursement Period: Project Costs K~r This Submission (C) (S) (M) (E) (T) (I) Cumulative Project Costs TOTAL PROJECT COSTS I"C =Contractual Services I S =Salary & Wages Kev Le~g end I I _ M =Materials, Supplies, Direct Purchases i E =Equipment T =Travel I =Indirect Costs Certification: I hereby certffy that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Date Financial Officer ~ Date PBC USE ONLY County Funding Participation $ Total Project Costs To Date: $ County Obligation To Date $ County Retainage ( %) $ County Funds Previously Disbursed $ County Funds Due this Billing $ Reviewed and Approved By: PBC Project Administrator Date Department Director Date G:\SYINGERIFORMSI3 Pg -Exhibit B.xls Page 1 of m DO S X W W J W W = ~V UJ ~. ~ W j O U Upa _ ~ U1 W U m W ~ ~ ~ N d O J a Q H Z O U O .~ 4. C N E m a ui E Z m m ~ a` U s 3 ~ I (k ~ I E~9 y O ~ ~ N m i •~ !Y~ ~~ _ Hf ~~ 3 y~ ~ I ~ m ~~'mn>~i ~ ~ P ~ c l a ~w ~ u~ ~ a ~ u u ~~ n u ~~ ~ `c t V N~ W F i i...._......_._ .................._.........._.i O ~~ E a 7 v .' c oC G 7 a rn <a ~ `o •fA v- IV d U ~ ~ - a cc d ~ r ~ o ~ ~~ ~ c N d Y > O t ~ U ~ d ~ ~ a U ~ ([f U .y. O ~ U r m C L O "' U ~ ~ O ~ a ~ a ~i x $ a~ ~ y d C •_ O ~ iC d ~ N d ~ rte. 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Baca Raton, FL 33931 CC)MPANlt:SA~~Dr?olNc3 COV~R,4QE COMPANY {A} STATE NATIDNAL INSi1RANCE COMPANY INSUREi7 COMPANY {B} City of Delray 9eaoh '100 Northwest 1s1 Ave. COMPANY {C} Delray Heach, FL 33994 COMPANY {llj ,... . COVERAGES Ttas is to certify chat the poQdes of insurance fisted below Dave bean issued to the Insured named above for the policy period tndlcaled, notwtihstandingeny requirement, term or eondilton of any contract a other document with respect to which this certiGcata may be issued ar may pertain, the insurance afforded by the polities described herein is Subject to all the terms, exdusioris and c4ndt11ons of such policies. Limits shovm may have been reduced by paid claims. CO TYPE OF INSUFWlC£ POLICYNUMUER POLICY EFFECTIVE POLICY 8XPlRATIO-r LusTB TR Oek £ M.-MDOIYY E Atklo GENErtAI. LtA61UTY A RI COMAlERC1iLL 0£NI:IiAL L1A91LiPJ td~a 0266992 [0;21A8 lawlror bENERAI AOQREgATE SE8 9ELOw t] GLAIM$ L+At~ ~I OCCUR. PRODUCT8~GOMPjDP J1QCi 4 OWr1ER'SECQNTR4CTOR'SPROT EAGHOCCURREr~IC£ FIRE OAMA6ti {anyme sle) IAED. EXPENSE (arty 0na paesan) ALrrOtADSnE LIA9ILITY A 06 ANYAUTO ldD00266032 tO:OHD8 10~8U07 COIJBINEO S1NgLE L1AgT CFERFIAW O ALLOWNEOAUTOS eOmLYINJURY~r+.,.q d SCNEt3ULE0AUr08 QODILYITrJURY$«xeaun) p MREOAUTOS PROPERTYOAMAOS O NON-0Y1N&OAUTOS p OARAOELIA90.1TY EXCE88 LIAaILFTY A p UMef!>eLLAYOrtLI t:ACNOCCUrutEt~E ~1.p00.Q00. EOOTHERT-WtLO.1aRELLAFOR6i IJDa0266832 IOnl1R8 IA07ro7 AGgREGATB S?~00.000. YIORlfERB'COAIPEN9ATiON rilMl0266932 iQd1106 10.~01ro7 STATUTOAYLIA1tT$ Slelulay AND fJ~1PLOY6RS' LIAD~LITY EACFr ACCIDENT pI8EA88~POLICE LOHIT DISfABf•EACti EMPLOYEE XXXX -- POLICY Sl1BJECT TO A S ,001) por oCCUM?nCo S.I.R. pESCRIPTiON OF OPERATIONS/I.OCATIQNSNEHtCt.f=S1SPECtA1ZTEMS - All oparatbns usual to a normal Ciiy tiovernment Inetudittg Paim Beach County as addldonai insured but only io the extent of indemnity provisions of the applicable contract and only to the extent allowed by F.S. 7t38.2ti wllh respects to palm Beach County f2ecreatlon Assts#ance Program ~i~AP) for the 2007 Invitaltonat Friendship Tournament to be head on 5125/07-5!27107. A11 other terms and canditlons of~ollcy_remaIn,unchan$ed. _.._-..._ CERTIFICATE HOLOER Shoutd any of the shave described polklas be cancelled before Hie expiration Palm Beach t;ounf~r Parks and RecrealEon date lhereOi, the issuing companyrtill endeavor to mail,~Q days vrriitel- notice to 2700 6' Ave. South the certificate holder named to the left, but tailule io malt such notice shag Impose Lako Worth, FL 33461 no obiigalion or liabltlEy of any kind upon the company, its agents ar Attenllon: Susan Yinger, Admfn[strative representatives. Support Manager /'//') AulhOrized signature: ~/ Sandra M. Ooflagtly Meadnwbrook Ins>.rrcrnce Grotcp Date: March 22, 2007 y • } ~ ~!~ AGENDA ITEM NUMBER: ~~ AGENDA REQUEST Request to be placed on: Consent Agenda~Regular Agenda Workshop Agenda -Special Agenda Wlleri: April 3, 2007 Description of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signature on, two agreements with Recreation Assistance Program with Palm Beach County to reimburse the City of Delray Beach up to $5,000 for, eligible expenses incurred between May 1, 2007 and June 30, 2007 to host the 2007 Invitatiq~nal Friendship Tournament in conjunction with Delray Beach American Little League May 25 - 27, 2007 at Pompey Park. Department Hea ~~ . Signature: City Attorney R iew/R,ecommendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: es` No Initials Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ',~ FROM: CITY MANAGER(~r SUBJECT: A ENDA ITEM ~I -REGULAR MEETING OF APRIL 3, 2007 SPECIAL EVENT REQUEST/2007 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT DATE: MARCH 30, 2007 This item is before the Commission to approve a request from Exclusive Sports Marketing for the 2007 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on May 5 and May 6, 2007 subject to receipt of revised insurance certificate. Recommend approval of a request from Exclusive Sports Marketing for the 2007 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on May 5 and May 6, 2007 subject to receipt of revised insurance certificate. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Exclusive Sports Mazketing Volleyball Tournament 04.03.07.doc [IT4 OF DE18f14 BEiI[N DELRAY BEACH All-America City 1 ' n 1993 2001 TO: FROM: David Harden City Manager 1C!0 fv.4'V tst A'JENUE • DELRAY BEACH, FLORIDA 33444 • 561/243-7000 MEMORANDUM Joe Weldon Director of Parks and Recreation SUBJECT: 2007 Exclusive Sports Marketing Volleyball Tournament DATE: March 26, 2007 Attached please find a request from David Swanson of Exclusive Sports Marketing to bring their 2007 Volleyball Tournament to Delray Beach on May 5 and 6, 2007. Exclusive Sports Marketing has requested the following for the tournament which is to be held south of Sandoway Park: 1.) 2 center court areas and four 5' X 7' X 17' scaffolding towers on the beach just south of S3 as well as 30-40 ancillary volleyball courts south of this area. 2.) A 10' X 10' platform stage, two 16' X 16' tents, inflatables, and 10' X 10' pop-up tents for vendor display and player aid stations around the center court areas and at spots along the beach area. 3.) Allow their event truck access to the beach Wednesday through Sunday and provide a place for overnight parking upon approval of Ocean Rescue Superintendent as well as parking permits for event/promotions staff and VIP. 4.) Allow signage publicizing this event and sponsors on the beach. 5.) Provide two sets of bleachers for seating around center court areas. Printed on Recycled Paper T H E E F F O R T A L W A Y S MATTER S 2 6.) Exclusive Sports Marketing will play recorded music, music from sponsor radio station and do event announcing from the main staging area. 7.) Exclusive Sports Marketing will have a sound system to be used for announcements, music and match commentary. 8.) Exclusive Sports Marketing will compensate our cabana service for lost revenues, if applicable. 9.) Exclusive Sports Marketing has provided us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability. 10.) Exclusive Sports Marketing will donate $1,000 to the Ocean Lifeguard competition fund. 11.) Our lifeguards will collect a $5 parking fee from each participant and parking will be at Sandoway and Anchor Parks. As you may recall, we hosted this tournament the previous twelve years and they were very successful. I recommend approval for this event, and request you place it on the April 3, 2007 agenda for City Commission consideration. Please review and advise. ~o~ Weldon Di ector of Parks and Recreation cc: Lanelda Gaskins Agenda Coordinator Robert Taylor Ocean Rescue Superintendent JW:cp Ref:vollybal Attachment ~GI.USIYE SPpR~,S l /-lARKETI~G Providing the Best in Recreation 8 Sports Entertainment Bob Taylor Ocean Rescue Superintendent 340 S Ocean Blvd Dekay Beach, FL 33483 Bob, March 22, 2007 We are requesting permission for the Zephyrhills Dig the Beach Series to once again be held in Delray Beach. We would like to bring the series into Delray Beach on the weekend of May 5-6, 2007. The series will follow similar logistical guidelines as required in previous years. We would arrive and begin setup on Wednesday, May 2 and have the beach cleaned and cleared by Sunday night, May b. We anticipate the toumamem will consist of 30-40 beach volleyball courts. The two center courts will be the only area additional structures are set up (layout included). Our larger items include: one 10'x 10' platform stage, four 5'x 7'x 17' scaffolding towers, 10'x 10' pop up tents, and inflatables. These aze the same items as yeazs past with no major additional structures being planned. In 2006 the tounamem drew 190 teams during the weekend evern. We look to maintain those numbers as we averaged 200 teams for the weekend throughout last summer. We anticipate through our athletes, families, friends, and beach spectators nearly 1000 people at the weekend event in Delray Beach. Our loyal supporters will have an economic impact on the businesses of Delray Beach, and we look forward to your continued support. Delray Beach has been a mainstay on our series schedule. Our staff, athletes, sponsors, and spectators are familiar with the event. Having our office in Boca Raton, Delray Beach has become our backyazd for beach volleyball. We appreciate your help to ensure this perennial beach volleyball event. We look forward to making another successful tournament weekend. Contact us with questions. Sincerely, David Swanson Evern Director 561.241.3801 x108 Mobile: Sb 1.504.6762 davidswanson~a exclusivesports.com www. digthebeach. com Troy Forte Assistant Event Director 561.241.3801 x112 tro cr exclusivesports.com 1040 Holland Qrive Suite A • Boca Raton. FL 33487 ~GLUSIYE SPpR~,S l~ Mq tt 1CET 1l,G Providing the Best in Recreation 8 Sports Entertainment March 22, 2007 Bob Taylor City of Delray Beach 340 South Ocean Boulevard Delray Beach, FL 33483 Bob, The following is a plan of execution for Exchsive Sports Marketing beach volleyball tournament scheduled for May 5-6, 2007. Special Event Type Zephyrhills Dig the Beach Series • 2004: 160 teams • 2005: 193 teams • 2006: 190 Producer Exclusive Sports Marketing, Inc. (www.exclusivesports.com) • 21 years in special events, lb years producing beach volleyball events • Over 200 tournaments produced in FL, GI, SC, NC, VA, TX, and the Bahamas • President: Chris Colgan - colaan(u~exclusivesports.com Target Dates Tournament play on Saturday, May S and Sunday, May 6 • Event crew arrives on Wednesday, May 2 • Crew departs on Sunday night, May 6 • Projected timeline enclosed Location Delray Beach Public Beach: The event has been located approximately 1/4 mile south of Atlantic Avenue. Volleyball courts will be set up between lifeguard tower S3 and extend south into the recreational area. The beach width and level surfaces will dictate the location of the courts. Courts will not obstruct lifeguard or emergency staff or vehicles. • Overall and center court site plans enclosed • No ESM structures will block the lifeguazds view of the water in any manner • Bleachers -city has provided 2 sets as in previous years, ideally delivered on Friday morning, May 4 • Sound System - coffirolled volume levels used for PA announcements and music ESM Vehicle Parking • Event box truck staged on S Ocean Blvd. 1040 Holland Drive Suite A • Boca Raton. FL 33487 ~oLUSivE sPORTs iV~ MaRKET~K Providing the Best in Recreation & Sports Entertainment • All other ESM vehicles will be staged in parking lots for overnight parking • Ocean Rescue will create parking permits for event/promotions staff and VIP Athlete Parking • Ocean Rescue will oversee athlete parking • $5 for athletes all day parking pass for Sandoway and Anchor parking lots Cabana Services + ESM will contact Oceanside Beach Service to ensure both the cabanas and volleyball courts can share the beach Trash Management • ESM will have garbage bags throughout the events site • ESM will communicate with Universal Beach Cleaning to remove all trash bags • ESM will conduct a complete beach walk through to pick up all trash after the tournament in efforts to leave no trace • ESM respects the beaches we visit and will help maintain their integrity Donation • ESM will donate $1000.00 to the City of Delray Beach to be used for the Ocean Rescue Competition Team. To the beach David Swanson Evetrt Director (561) 241-3801 ext. 108 Mobile: (561) 504-6762 davidswansonnexclusivesports. com Troy Forte Assistant Event Director (561) 241-3801 ext. 112 troy(c~exc,~ lusivesports.com 1040 Holland Qrive Suite A • Boca Raton. FL 33487 CENTER COURT SITE PLAN MaP ~v o _~. a'xa• ®_ Ydt+~ble ® a TiM 70'x 10' =TowerS'xTx1' ~I ®: TeM 16'x /~ ®= Siaye 10'x 10' ®- Ssle'achars '. • Optlanelwhen provided ~ ~ ~ ~ 26' o~ oz ~~~~~ ~xGt-USIVE SppR~s M'4RKETING Providing the Best in Recreation & Sports Entertainment Reach Volleyball Tournament -Projected Timeline Wednesday 11:00 am Crew and vehicles arrive on-site - Begin unloading truck, set-up of center court (scaffolding towers, 10x10 tents - anchored for safety) and erecting nets - Prepare truck and equipment for Thursday duties, clean area 6:00 pm Crew finishes for day Thursday 8:00 am Crew on-site and continues tournament set-up operations - All nets built, court lines down - Prepare truck and equipment for Friday duties, clean area 5:00 pm Crew finishes for day Friday 8:00 am Crew on site and continues tournament set-up operations - Sponsor signage, adjust net height - Sound system tested - Deliveries received: sponsor sampling products or miscellaneous equipment (light tower, ice box, bleachers, chairs, etc) - Registration closes: assign divisions, pools, and courts - Prepare truck and equipment for Saturday duties, clean azea 5:00 pm Crew departs, ESM secures site throughout evening 7:30 Staffmeeting, tournaments logistics Saturday 6:00 am Entire staff on-site - Prepare registration, sound system check, courts inspected, signage presentable 7:00 Registration opens 8:30 Tournament play begins - Crew maintains courts, trash, and signage to ensure safe environment throughout day - Athlete services -sponsor product sampling and promotions 2:00 pm Pool play finishes -championship bracket begins 5:00 Women's open championship match on center court 6:00 Men's open championship match on center court 7:00 Tournament brackets complete - Beach cleaned, crew departs, ESM secures site throughout evening 8:00 Player's party Sunday 7:00 am Entire staff on-site - Prepare registration, sound system check, courts inspected, signage presentable 8:00 Registration opens 9:00 Tournament play begins, breakdown unused courts - Crew maintains courts, trash, and signage to ensure safe environment throughout day - Athlete services -sponsor product sampling and promotions 2:00 pm Pool play finishes, championship bracket begins 5:00 Tournament ends - Breakdown all equipment, load truck, beach cleaned 9:00 Crew departs leaving no trace 1040 Holland Drive Suite A • Boca Raton, FL 33487 Tel 561.241.3801 • Fax 561.241.3805 • www.exclusivesports.com Date: March 26,__2007 ;. -. ~: AGENDA ITEM NUMBER: C.P ' AGENDA REQUEST Request to be placed on: -Consent Agenda X Regular Agenda Workshop Agenda -Special Agenda When: April 3, 2007 Description of Agenda Item (who, what, where, how much): Request approval to host 2007 Exclusive Sports Marketing Volleyball Tournament on our municipal beach on May 5 and 6, 2007. They will have 2 center courts, 4-5'X7'X17' scaffolding towers, a 10'X10" platform stage, 2-16'X16' tents, inflatables, 10'X10' pop-up tents, 30-40 ancillary courts and a sound system. The City will provide 2 sets of bleachers and our lifeguards will collect a $5 parking fee from each participant. Exclusive Sports Marketing will donate $1,00)0 to~the Ocean Lifeguard competition fund. Department He d ~ ~~~(~/ Signature: d City Attorney I~e~iew/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: Ye J No Initials: ~ ~` Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM T0: David Harden, City Manager FROM: Ferline F. Mesidort, C.D. Specialist ~~~ THRU: Elizabeth B. Alpert, C. D. Program Administrator' Lula Butler, Community Improvement Director DATE: March 28, 2007 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant award(s) to the lowest responsive bidder(s). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation excluding termite inspection and treatment if necessary, as determined by the lowest responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation project(s) to the verified responsible low bidder(s). nk ~+~ g. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2007-27 APPLICANT: Veronica Downes PROJECT ADDRESS: 917 SW 3rd Ct. DATE OF BID LETTERS: 02/28/07 DATE OF BID OPENING: 03/22/07 GENERAL CONTRACTORS BID AMOUNT Abisset Corporation Alpha South Construction,lnc Cordoba Construction Co., Inc. No Bid Craftsman Plus,lnc. $36,050.00 Gadsden Property Investment, Inc. Haywood Construction Joines Construction & Development, LLC. M & A Builders, LLC $48,750:00 Ray Graeve & Sons Construction, LLC No Bid South Florida Construction Services, Inc. StarMark Properties No Bid Bond Sun Band Builders Construction, Inc. $34,465.00 In-House Estimate $31,836.10 CONTRACTOR AWARDED CONTRACT: SUnbarld ConStrUCtlOn BID/CONTRACT AMOUNT : 34,465.00 5% Contingency $1,723.25 36,188.25 FUNDING SOURCE: Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Lowest bidder awarded project S:renpgrm/biddocs/bid infosheet CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING 2007-26 Clara McCellion 704 SW 8th Court 02/28/07 02/22/07 GENERAL CONTRACTORS Abisset Corporation Alpha South Construction,lnc Cordoba Construction Co., Inc. Craftsman Plus,lnc. Gadsden Property Investment, Inc. Haywood Construction Joiner Construction & Development, LLC. M & A Builders, LLC Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties Sun Band Builders Construction, Inc. In-House Estimate CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT 5% Contingency BID AMOUNT No Bid $28,860.00 No Bid No Bid $29,892,00 $29,585.10 Craftsman Plus 28,860.00 $1,443.00 30,303.00 FUNDING SOURCE: Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Lowest bidder within in-house range S:renpgrm/biddocs/bidinfosheet Agenda Item No.: ~ '_ AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda x Consent Agenda Description of item (who what where, how much): File Number Address Contractor Grant Amount 06-120 704 SW 8th Court Craftsman Plus $ 30,303.00 06-126 917 SW 3~d Court Sun Band Builders Construction Inc $ 36,188.25 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of two (2) Community Development Block Grant (CDBG) Housing Rehabilitation Grant(s) in the amount listed above for a total award of $ 66,491.25 CDBG Total: $ 66,491.25 unt Number: 118-1963-554-49.19 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ES/ (~ Funding Alternatives: (if applicable) Account No. & Description: ~~ ~ ~ 3 ' S c( ~ f Account Balance: -~ ~~ - QQ ~ ~ S ~ City Manager Review: Approved for Agenda: Hold Until: r~~~ rrd Date: March 28, 2007 When: April 3, 2007 Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: MARCH 30, 2007 This is before Commission to approve a six (6) month agreement with Navarro Security Group in an estimated cost of $22,048.00 for security services at Pompey Park from April 1, 2007 to September 30, 2007. Navarro Security Group will provide inside and outside security service by uniformed, licensed and trained officers at $16.00 per hour for 8 hours on Monday through Friday, 8 hours on Saturday, and 5 hours on Sunday for a total of 53 hours per week at $848.00. Funding is available from 001-4127-572-31.90 (General Fund/Other Professional Services). Recommend approval of a six (6) month agreement with Navarro Security Group in an estimated cost of $22,048.00 for security services at Pompey Park from April 1, 2007 to September 30, 2007. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\city managei s memo Navarro Security Group Pompey Park 04.03.07.doc AGREEMENT/NAVARRO SECURITY GROUP MEMORANDUM TO: David Harden, City Manager FROM: Alberta Ga m, P oject Coordinator ct THROUGH: Joe Weldon, rector of Parks and Recreation SUBJECT: Security Service -Pompey Park DATE: March 27, 2007 Request your approval to accept a six (6) month agreement with Navarro Security Group for security services at Pompey Park from April 1, 2007 to September 30, 2007. Attached please find three (3) quotes for security services -Blackhawk Security, Inc. (our current provider), Navarro Security Group, and Wackenhut Corporation. Blackhawk Security, Inc. and Navarro Security Group proposed the same hourly rate of $16.00 per hour and Wackenhut Corporation is $24.96 per hour. It is recommended that the Navarro Security Group be considered to provide security services for Pompey Park. The Navarro Security Group meets all of the requirements necessary to adequately secure the site. We have used Blackhawk Security in the past but have decided to change security companies. Navarro Security Group will provide security service at $16.00 per hour for 8 hours on Monday through Friday, 8 hours on Saturday and 5 hours on Sunday for a total of 53 hours per week at $848.00. The total estimated cost for the remainder of the FY 06-07 (six months) is $22,048.00. Funding (pending budget transfer) is available from account # 001-4127-572-31.90 (Other Professional Services). If approved, please place this agreement on the April 3, 2007 agenda for City Commission consideration. cc: Doug Smith, Assistant City Manager SERVICEAGREEMENT THIS AGREEMENT is made this day of , 2007 by and between The City of DELRAY BEACH, hereinafter called the "Customer", and Navarro Security Group, hereinafter called "Navarro", 1341 SW 21st Terrace, Fort Lauderdale, Florida 33312. WITNESSETH: WHEREAS, Navarro is in the business of furnishing security guard services and the Customer desires to have Navarro furnish security guard services to the Customer at the time(s) and place(s) hereinafter defined. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Navarro agrees, pursuant to request of the Customer, to furnish guard service as from time to time shall be needed by the Customer located at: Pompey Park 2. The total number of guards, their posts, and their hours per each site will be specifically defined in writing to Navarro by the Customer. Prices are derived and based on the original proposed hours determined by the Customer and Navarro reserves the right to cancel security services upon 30 days written notice if the Customer substantially decreases the original scheduled hours. 3. During the term of this Agreement, the Customer agrees to use exclusively personnel of Navarro at the site, and Navarro agrees to furnish such number of security guards as from time to time be required and defined by the Customer at the sites described in paragraph "1" above. If Navarro is unable to furnish a sufficient number of security guards, Navarro acknowledges that the customer may be required to obtain security guards from another security service at increased costs. In the event of breach by Navarro of its ability under this provision to provide a sufficient number of security guards, Navarro shall pay to the Customer its reasonable cost for replacement guards, such sum not to exceed $7.00 per hour per security officer above Navarro's then current hourly rate. Navarro acknowledges that the Customer may hire off-duty law enforcement officers to provide services in excess of those provided by Navarro. 4. For the services hereunder, the rates may be adjusted upon the renewal date of this agreement by mutual agreement between Navarro and the Client. The adjusted rate will not exceed 5% annually. 5. For services herein furnished, the Customer will pay Navarro the following rates: SECURITY SERVICE: a. $16.00 Per Unarmed Security Officer, Per Man Hours Worked b. One and one-half times for overtime requested by and authorized by the Customer. Such hours may result from, though are not limited to, situations arising from emergencies or special assignments under which Navarro must furnish additional hours, or short notice service. Short notice is defined as less than forty-eight (48) hours notification for additional Customer service. c. The Customer will pay one and one-half times the rate per man hours worked on the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. d. Navarro will invoice Customer monthly. Said invoices are payable to Navarro by the Customer 30 days following the billing date. Any discrepancy must be brought to our attention within 45 days of receipt of statement. Navarro reserves the right to cancel security services upon 30 days notice if the Customer fails to keep their account current. e. All guards furnished hereunder shall be employees of Navarro, an independent contractor, and not employees of the Customer and Navarro will pay all salaries and expenses of said guards and all Federal, State and Social Security Taxes and Federal and State Unemployment Taxes and any similar taxes relating to such personnel of Navarro. 6. Navarro shall furnish all guards assigned hereunder to the Customer's site with all appropriate equipment and uniforms. 7. Any and all property, equipment, supplies, apparatus, etc., furnished by Navarro hereunder and placed at or on any of the sites described in paragraph "i" above, shall remain the property of Navarro and Navarro shall at all times during and after the term of this Agreement, have the sole and exclusive right to install, maintain, replace, and remove said property, equipment, supplies and apparatus. 8. Navarro agrees that the guard service furnished under this Agreement shall be performed by employees in conformity with practices current in the industry. Navarro further agrees that the Customer shall have the right to reject for any reason whatsoever any guard assigned by Navarro, and Navarro shall as soon as possible thereafter provide a satisfactory replacement. 9. The guards furnished by Navarro shall perform such services as agreed upon by Navarro and the Customer. It is understood that the guard shall be, and remain an employee of Navarro, and that Navarro shall be responsible for the hiring, training, and supervision of all such employees. Customer shall only give direction to Navarro regarding the guard's duties. 10. The conduct of all guards assigned hereunder shall be governed by policy and rules which shall be agreed upon in writing by the Customer and Navarro. General and special orders shall be issued in writing covering each post assignment, and such general and special orders shall be signed by both parties hereto and by reference be made a part of this Agreement. These orders and the policy may, from time to time, be revised and supplemented, provided it is done in writing and signed by both parties hereto. 11. Navarro hereby represents and warrants that it has at present, in force, comprehensive insurance to the extent required by the appropriate statutes, and agrees on request to provide the Customer with Certificate of Insurance therefore. 12. It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended or created by this Agreement as to third parties not a signatory hereto. 13. It is understood and agreed by and between the parties that Navarro is not an insurer; that insurance, if any, shall be obtained by the Customer; Navarro is being paid hereunder for a guard system designed to deter certain risks of loss, including but not limited to theft, vandalism, fire, flood, etc., and that all amounts being charged hereunder by Navarro are not sufficient to guarantee that no loss will occur. Navarro makes no warranty or guarantee, including any implied warranty of merchantability of fitness, as to services provided or not provided will avert or prevent occurrences of losses therefrom which the service is designed to detect or avert. Customer expressly understands and agrees that Navarro is not responsible for any loss that the Customer, its agents or assigns may incur. However, Navarro shall defend, indemnify and hold harmless Customer from all actions, claims, and suits that are brought against Customer based upon the actions of Navarro, its employees or agents. 14. The Customer acknowledges that the Customer alone has chosen the number of guards and type of service to be provided herein and that Navarro has informed the Customer that additional guards and service are available from Navarro at an additional cost to the Customer, and that the Customer has elected not to avail themselves of additional guards and services. 15. It is expressly agreed and understood by and between the parties hereto that this Agreement shall be governed by the laws of the State of Florida, and the jurisdiction for any dispute between the parties shall lie in Palm Beach County. 16. It is agreed upon by the parties that this Agreement shall be in full force and effect for a period from April 1, 2007 up to September 30, 2007. However, this Agreement can be terminated by either party on 30 days' written notice supplied to the other party by Certified Mail, Return Receipt Requested, at the following addresses: As to Navarro: Nick Navarro Navarro Security Group 1341 SW 21st Terrace Fort Lauderdale, Florida 33312 As to Customer: Delray Beach Parks & Recreation Parks and Recreation Director 50 N. W. 1~ Avenue Delray Beach, FL 33444 17. The entire Agreement of the parties is expressed herein, and no verbal understandings, agreements, purchase orders, work orders or other documents shall alter, change, or modify the terms and provisions of this Agreement, unless in writing and signed by both parties hereto. 18. It is agreed by and between Navarro and the Customer that if any terms or provisions of this Agreement shall be determined to be invalid or inoperative, all the remaining terms and provisions shall remain in full force and effect. 19. The documents attached, as Exhibit A, are hereby incorporated herein. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: By: City Clerk Rita Ellis, Mayor Approved as to Form: By: City Attorney WITNESSES: NAVARRO GROUP LTD., INC. dba NAVARRO SECURITY GROUP By: (Name Printed or Typed) (Name Printed or Typed) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by as (name of officer or agent, title of officer or agent), of , a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification) as identification. (type of Signature of Notary Public EXHIBIT ~A" February 6, 2007 Deidra & David Delray Beach Parks & Recreation Dear Deidra & David, On behalf of Navarro Security Group, I would like to thank you for the opportunity to submit this proposal regarding security services for DELRAY BEACH PARKS & RECREATION After reviewing your security requirements, I am satisfied that we can provide you with the type of professional service you desire in a contract security company. Enclosed is a proposal for Security Services. You will receive personal attention from our management and supervisory staff. They are specially trained security personnel assigned to your account, available twenty-four hours per day. You can expect overall company support from Navarro Security Group. We look forward to working with you and are at your disposal to answer any questions you may have. Sincerely, Ken Corey Security/Sales Director CORPORATE MISSION Navarro Security Group's personnel are dedicated to providing the finest quality security protection designed around the goals, standards and needs of good community living. Image and support for DELRAY BEACH PARKS & RECREATION will be paramount and expressed by Navarro Security Group's personnel at every opportunity. Navarro Security Group is committed to providing security personnel who are educated in local, state, federal and other regulatory standards to meet general compliance therein. Our managerial staff will lend assistance in providing security policies that meet and/or exceed the standards of DELRAY BEACH PARKS & RECREATION Navarro Security Group will provide ethical, well-trained management who will provide leadership through teamwork. Our company will provide the opportunity for personal accomplishment and development, enhancing self-esteem while enjoying the rewards of success by performing a good job. EVIDENCE OF SATISFACTORY PERFORMANCE REFERENCES: i. City of Fort Lauderdale Contract since February 1996 Contract Person: Jamie Heart, Manager -Marine Division .100 N. Andrews Avenue Fort Lauderdale, Florida 33301 Business phone: (954).761-5576 Unarmed Uniform Security Marine Patrol Armed Uniform Security Homeless Safe Zone Unarmed Uniform Security Fire Watch & Foot Patrol Service 2. Bank Atlantic Center Contract since January 1997 Contact Person: Mike Cera 2555 Panther Parkway Sunrise, FL 33323 Business Phone # (954) 835-8335 Unarmed Uniform Facility Security, Foot Patrol 3. Citrix Corporation Contact Person: Mr. Joe Ceraolo 6400 NW 6~' Way Ft. Lauderdale FL Business Phone # (954) 267-3186 Armed/Unarmed/Office Building Patrol 4. Ft. Lauderdale Executive Airport Contact Person: Mr. Alex Erskin 1401 West Commercial Blvd, Suite 200 Ft. Lauderdale FL Business Phone # (954) 938-4966 Unarmed Airport Patrol 5. Highland Ranches Estates Contact Person: Mr. Marcello Moino Gatehouse Shotgun Road Davie FL Business Phone # (954) 649-4692 Unarmed/Gatehouse COST SAVINGS THROUGH CONTRACT SECURITY • MANAGEMENT AND SUPERVISION OF SECURITY PERSONNEL • OVERALL COST OF UNIFORMS AND SUPPLIES • INSURANCE (i.e., WORKER'S COMPENSATION, EMPLOYEE LIABILITY) ALL GENERAL COSTS INCURRED BY EMPLOYER • LOCATE AND ASSIGN ADDITIONAL SECURITY COVERAGE AS REQUESTED BY CLIENT FOR SPECIAL DETAIL PROJECTS • REDUCE AND ELIMINATE OVERTIME COSTS UNLESS APPROVED BY CLIENT • APPLICANT SCREENING OF ALL NEW SECURITY PERSONNEL (HIRING/TERMINATION) • COMPLETE SCREENING Of ALL SECURITY PERSONNEL INCLUDING: *CRIMINAL BACKGROUND HISTORY *WORKER'S COMPENSATION HISTORY • VACATION REPLACEMENT • SICK LEAVE REPLACEMENT • EVALUATION OF SECURITY PERSONNEL • LIAISON BETWEEN LAW ENFORCEMENT, RESIDENTS, EMPLOYEES AND MANAGEMENT AS REQUESTED BENEFITS FOR UNIFORMED SECURITY PERSONNEL 1. UNIFORMS -Navarro provides every security officer with a complete uniform. For full-time employees, this issue consists of three (3) shirts, two (2) pairs of trousers, belt, hat, badge and accessories. 2. PAID TRAINING -Employees are compensated for orientation, on-the job training and all required classroom training. 3. OVERTIME AND HOLIDAYS -Employees who work more than forty (40) hours in a given week are compensated at time and one-half. Additionally, we compensate every employee at time and one half who works during any of the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas. 4. VACATIONS -Every employee averaging thirty-two (32) hours per week is eligible for one (1) week paid vacation after one (1} year of continuous employment. Vacation benefits are paid as follows: After 1 year of service - 1 week vacation After 5 years of service - 2 weeks vacation After 10 years of service- 3 weeks vacation 5. BONUSES -Bonuses are awarded to security personnel who refer qualified applicants for employment, as well as those who refer new business to Navarro Security Services. 6. SOLOMON SMITH BARNEY - 401K/PROFIT SHARING PLAN- This generous retirement profit sharing plan is open to employees with a minimum of one (1) year of service to our company. Participating employees can be fully vested after just froe (5) years of service. Current employer contribution at 20% of employees contribution 7. BROWARD COUNTY SCHOOL BOARD CREDIT UNION MEMBERSHIP -Employees, and their immediate families, who have satisfactorily served the company for a minimum of ninety (90) days are eligible to join a local credit union, with whom our company has an established relationship, and enjoy great financial benefits. 8. MAGIC KINDOM CLUB MEMBERSHIP -Employees, and their immediate families, enjoy great benefits, discounts, and special offers to ALL Disney theme parks and stores, after ninety (90) days of satisfactory employment with our company. 9. HEALTH INSURANCE -Employee. HIP of Florida. Single Premium -Average $80.00 a month. $30,000 life insurance at no cost to the employee. 10. DENTAL INSURANCE -Available at employees' cost -Advantage/Safeguard. Single Premium Average $20.00 a month. il. DRUG FREE WORK PLACE - On every new acrnunt every employee grandfathered in from another security company will be given a drug test and will continue to receive random drug testing from there on. NAVARRO SECURITY PROPOSAL UNIFORMED SECURITY SERVICES Price based on a iyr agreement with rate guarantee $ 1$.00 PER ARMED UNIFORMED SECURITY OFFICER (S/0),PER MAN HOURS WORKED OR • $ 16.00 PER UNARMED UNIFORMED SECURITY OFFICER (S/O),PER MAN HOURS WORKED Price based on S/0's working approximately 53 hrs per week PRICE INCLUDES: • Hourly radio checks between Navarro's Central Dispatch and the S/0's • Unannounced site visits by Navarro Road Supervisor's in Security Marked Cars • Security Officer replacement if requested • 24 hour access to the S/0 's District Manager & Sales Director • S/0's will be uniformed in Navarro's Premium Uniform with the Navarro Badge • Navarro Security Marked Patrol Bicycle OPTIONAL EQUIPMENT: Navarro Security Marked Patrol Vehicles i.e. Car, Polaris 2x4, Golf Cart, or Security Patrol Bicycles which used properly can enhance visibility of the security presence TRANSITION PLAN AND POST ORDERS TRANSITION PLAN: Navarro Security Group proposes to recruit Security Officers who meet specific qualifications for security service at DELRAY BEACH PARKS & RECREATION.. The recruiting program will be dedicated to the selection and training of key personnel. Upon notification of acceptance, our transition team plans to have the entire force recruited and trained within three (3) weeks or sooner. POST ORDERS: Navarro Security will prepare specific post orders to which all security personnel will adhere. The post orders will- contain all aspects and directions for securing your facility. They will be approved by the Client Representative and Navarro Security Group. We recommend that the post orders be reviewed and updated every three (3) months. UNIFORM SECURITY OFFICER'S TRAINING AND DEVELOPMENT We believe that a company's attitude towards the importance of training and development of its security personnel sets the climate for that company. At Navarro, training and personal development is one of the most important functions of our security operation. After orientation every security.officer is given classroom training in areas such as: * Today's role as a security officer * The difference between a security officer and a * Law enforcement officer * How to properly represent the client * Effective communication skills * Public Relations * Security Patrol techniques -foot and mobile * Fire procedures * For armed security officers the following applies * Twenty-four (24) hours of Weapons Training * Annual weapons re-qualifications Specific on-the job training is mandatory before post assignment. The amount of initial training is determined by post duties and responsibilities. Client input is extremely important in our training program. Specifically, we design a theme for training depending on the current needs of the client. Quality education and support includes additional classroom training and field supervision. Our goal is to not only hire the most qualified, but to train and help develop that individual to reach the highest level of professionalism in our industry. Blackhawk Security Incorporated "A Total Quality Services Company" 1030 Wallace Drere, Unit'B", Deb~ay Beach, Florida 33444 •Olfice {581) 276-9880 •Fax (561) 276-9879 Federal Tax IDir: 52-1753209 webstte: www.blackhawksecttrityinc.cam PROPOSAL: Pompey Park City of Delray Beach FOR: Licensed Uniformed Security Guard Services April Ol, 2007 through September 30, 2007 RATES AND FEES: (1) Security Guards (t~ 516.00 per hour Total: S 640.00 Monday through Friday - 8 Hours Per Day Time: 2:00 PM -10:00 PM - 5128.00 (1) Security Guards (~ 516.00 per hang Total: 5128.00 Sa4urday -8 Hours Per Day Tmre: 12:00 PM - 8:00 PM - 5128.00 - - - (1) Severity Guards (ci3 516.00 per hour Total: 580.00 Sunday -5 Haul Pa Day Tmre: 1:00 PM - 6:00 PM - 580.00 (1) Supervisor ®518.00 per hour Total: 5 72.00 For lnteimittently Checks Only - 4 Hours Mrnimum Per W eek Addition Secnrlty Gmrds and Horns bIDed ~ 516.00 per how as requested. FL Sales Tax on Savorily Only: E=emptI! TOTAL PER WEEKS 920.00X26 WEEIG4 S 23, 92Q00 A. DESCRIPTION OF SERVICES: Blackhawk Security, Inc. will provide perimeter severity by uniformed, licensed sad trainefl Uniformed Severity bars to work the attached schedule. All posts ate predicated upon farr-hour minimum S SCHEDULE REVISIONS: Bladchawk Severity, Inc. will provide additional staff at the same rate when given 8 hafts entice. Ady additional staffing made with less than 8 haws notice will be considered "ASAP SERVICE" and billed at time sad a hal£ All "ASAP SERVICE' will be accommodated am a best effort basis. Any deletions in staffing with less than 8 hours notice will be billed at a 4-how minianrm per person. C. RATES: The rates for uniformed seauity offiars are as stated above. Charges for overtime, nights, weekends or holidays are as stated in the agreemeni. (Prices are subject to change) D. TERMS OF AGREEMENT: A paynrart of 5310.00 and/or additioml btRable hours is dne in f•II wkhin 30 days of recdpt of hivo~ Note: It oomplefe payme~ is not received by the due date, the iaavoi<x shall be subject to the Interest rats of 1.5•/. per month and a penalty of 10'h of the total latvohx amount. Attorney fees and cost of collection will be in addition to all parables and interest The adjudication proves will occur is the State of Florida. Customer agrees it will Hart employ or solicit for employment any Bladchawk Security, Inc. employce. Customs also agrees it will pay Bhrckhawk Security, Inc. liquid damages in the amount of the one hundred and twenty percent of employee's year to date earning if hired Any and all add-on's to f9re s~ upon aclrednle wID be paid within 30 days of the last day of servitx a~ will abo be sabjed to the above terms ff not paid within 30 days. E. RESPONSIBILITY: Bladchawk Security, Inc. main objective is to control and maintain the integrity of the perimeter, and is not sn i~ttw and is nd responsible for the ads of arthers or evects beyond their control. Blaclchawk Severity, Inc. company fees are in on way related to or inTeaded to cover is whole, or in part arty loss, theft, injury or damage to the property or product of any individual exhibitor. Sladchawk Security, Inc. Is responsible for controlling admission to the exhibit hall sad sudr meetings, session, etc. as may be requested by Management. F. INDEMNIFICATION: To the extent permitted by law, both parties agree to protect, indemnify, defend and hold harmless the other party, and their respective employees and agents against all claims, losses or damages to persons or property, governmental charges or tines, and costs (mchrding reasonable attorney's fees arising all of or carmeded with yarn fuadion, except those claims arising out of the sole gross negligence or willful miscoadud of the other pally. Blackhawk Security Incorporated °A Total Quality Services Company" 1030 Wallace Drive, Unit °B°, Dekay Bich, Flaride 33444 .Office (561) 276-9860 .Fax (561) 27&9879 Federal Tax ID1F 52-1753209 vRbsite: www.blacldtawksecurityinc.com G. FORCE M/1 TiTERE CI.AIISE: If the performance by eitt~ party of say obligation order this Agraemo~ is de}ayed ar prev~Red is whole or in part by any cause not reasonably within its control (mchrding without limitation ads of God, War, Civil Disturbances, Accidents, Damages to Facilities, Labor Disputes, Ads of tiny GovernmerRal Body, Terrorist threats ~ Terrorist attacks, or Faihm of belay of Third Partios~ it shall be excused, discharged and released of performance to the errtent such performance is so limited or prevented without liability of a~ kind Nothing herein contained shall be construed as requiring eAha party to accede to any demands of labor ~ labor unions, suppliers a other entities that it oonsidas u~easombla Oa Behalf of the staff at BLACKHA to for your consideration of onr company. If yorr hwe nay q~tions or eonoerns, phase five (`• Respectila~y Submitted By: eroeica Kay r Term of Agreemenk The tam of this Agreemert shall begin on date agreed upon. Blackhawk Security, Inc. is authorized to do the work as apecifiod. Payment wr~l be made as outlined shwa Pompey Park, 1101 NW 2°~ St:reet, Delray Beach, Florida 33444 Signature: Title: Date: J ~~ Wackenhut The Wackenhut Corporatlon 6413 Congress Avenue Su'de 225 Boca Raton, FL 33487 Telephone: 561 994 4358 Fax: 561 994 6835 Celt: 561 676 3345 blevine~wadcenhut.g4s.com February 2, 2007 Mr. David B. Ricks Recreation Supervisor IV Ms. Deirdra Roper Administrative Assistant Pompey Park Delray Beach Parks & Recreation 1101 NW 2"d Street Delray Beach, FL 33444 Dear Mr. Ricks and Ms. Roper. We appreciate the time that you spent with John and me to acquaint us with the layout and security concerns at Pompey Park. In presenting our proposal package, we trust that the enclosed information affirms our commitment to providing quality service every day, year after year, to our valued client. base. Since 1991, Wackenhut has become and remains the dominant security provider for a diverse client base throughout Palm Beach County and the Treasure Coast. Wackenhut provides only premium security service that is what makes us different from all other security companies. Our clients have found this to be true. Our formula of technology, coupled with high quality manpower, has proven to be beneficial to our clients, many of whom have been with us over the very Fong-term and are in a position to validate the quality of our service. Many security companies have come and gone over the years while Wackenhut remains steadfast in meeting the security needs of its clients. The level of personnel protecting our client sites are selected by hiring, screening and training criteria that exceeds all industry standards. Our officers are supported by an experienced management team that will respond to your security issues in a timely manner, including frequent verifiable visits to your site. In a similar manner, we have established security programs that uniquely address the specific needs of each of our clients. As mentioned during our meeting, should Wackenhut be selected as your security provider, a full security survey will be conducted of your property with appropriate recommendations to help rectify the areas of concern that are of issue to you. You will note on our cost sheet that there are explanations regarding our billing rates given that some of the hours involved involve overtime rates. The enclosed proposal package presents the depth of our security services that we recommend for Pompey Park. I am confident that the qualify of our service as shown in our proposal will help you achieve your security goals given the unique security requirements of the facility. If you have any questions, please feel free to call me as I am always on cell - 561-676-3345. Sinter ,..- C~ Barbara Levine Manager, Business Development - Palm Beaches/Treasure Coast Enclosures Ever Alert, Always Safe ~~~ Wackenhut CITY OF DELRAY BEACH PARKS AND RECREATION 211!2007 Lic. AB900011 WEEKLY HR.BILL WEEKLY ANNUAL POST PERSONNEL HOURS RATE COST COST GROUNDS PATROL USING A CUSTOM PROTECTI ON OFFICER Grounds Patrol Mon -Fri = CPO 40 $24.96 $998.40 $51,916.80 2pm-10pm Sat=12p-8p CPO 8 $24.96 $199.68 $10,383.36 Sun=1p-6p CPO 5 $24.96 $124.8D $6,489.60 1-Motorola Radio $10.00 $520.00 with Panic I.D. TOTAL WEEKLY HRS 53 TOTAL ANNUAL COSTS $69,309.76 S PECIAL NO TES: NOTE: Sunday hours are all overtime hours of coverage. NOTE: Billing rates shown are a composite rate (blend) based on straight time hourly billing rate for 48 hpw combined with the overtime rate for 5 hpw. NOTE: All additional hours of coverag e will be at an hourly overtime rate of $33.63. NOTE: Hourly Pay Rate for Custom Protection Officer is> $14.00 NOTE: Officers receive a full benefits package. NOTE: Contract based on 4% annualized escalator negotiable to no less than 3% based on mutual agreement between TWC and the Client 30 days prior to contract renewal data. . NOTE: Start u of services re uires 45-60 da s from date of si ned contract. ~~ Wackenhut SECURITY OFFICER BENEFIT PLAN Wackenhut provides its security personnel with a comprehensive wage and fringe benefit plan. This plan is commensurate with their background and training, and allows us to attract and retain a competent and well- motivated security force. Paid Vacation: • 1 year of service= 1-week (40 hours 2 years of service= 2-weeks (80 hours) 5 years of service= 3-weeks (120 hours) Holidays: Officers will receive holiday pay for any of the following days worked: • New Year's Day • Memorial Day • Independence Day • .Labor Day • Thanksgiving Day • Christmas Day Group/Emplovee Insurance Plan: Basic Coverage on Employee -Effective the first day of the month following 3 months of continuous service. Comprehensive Maior Medical - #42 PPO Health PlanlDental $500 annual deductible 80% co-insurance Network • 70% co-insurance Non-Network $1,000,000 lifetime maximum benefit $50,000 annual cap Prescriptions After Deductible • 80% Generic 50%Non-Preferred Name $10 Generic/$25 Brand Name Min. Life and Accidental Death Insurance 415 000 -Life insurance ~ AD8~D (Opt. Lifelup to $40,000 • Employee has option of adding $2,000 of additional life insurance and AD&D. Employee and Wackenhut contribute to this plan for the employee's premium. Employees may add dependents at group rates and pay premium thna payroll deductions. Wackenhut n~uired medical examinations provided at no cost to employee. Un= Provided at no expense to employee except for shoes Retirement Plan: Wackenhut's 401 K Plan is available to all full- time security personnel Emplovee Recognition Programs: Wackenhut offers many programs that recognize the performance, service, longevity, etc., of its Officers. They include: • Officer of the Quarter/Year Wackenhut Service Awards W-Valor (Outstanding Service) Awards • Incentive Awards Additional Programs: • Education Assistance • Monetary incentives & Awards • Direct Deposit (Any financial institution) • Credit Union Privileges • Cash Bonuses for Recruitment Employee Referrals • Vehicle Purchase Program • Advanced Security Officer Training Programs • Management/Supervisor Advancement Programs Ever AIeR, Always Safe ~~ Wackenhut REPRESENTATfVE CLIENT LIST CONFIDENTIAL FOR YOUR USE ONLY WITH OUR PROPOSAL BOOMERS Vince Hubis General Manager 561-347-1888 SOUTH FLORIDA WATER IVIANAGEIIIIENT DISTRICT Edward Muldowney District Security Manager 561 fi82~440 JUVENILE ASSESSMENT CENTER Fritz Joseph Facility Coordinator 561-688-4407 LYNN UNIVERSITY Paul Turner Deanof Students 561-989-5800 Gity of Bonita Springs- Parks -Recreation Mr. Gary Price City Manager (239) 980-9400 Ever Alert, Always Safe ~~ Wackenhut Wackenhut's Premier Services As a leader in the security industry, Wackenhut has lord been incorporating traditional ways of doing business with imaginative, well-designed, customer-driven programs. The Custom Protection Officer`~Program has been flourishing across the country and have contributed greatly to elevating Wackenhut to a level that is unmatched in the industry. any Commercial Guard Service. Many clients that in the past had been satisfied with the traditional guard service found that their needs had changed, yet the guard industry had essentially remained the same. Custom Protection Division was introduced in 1989. It is intended for those customers whose expectations substantially exceed that of any commercial security service. The Custom Protection Division embodies the highest standards in the security industry and seeks out and recruits men and women with relevant backgrounds in law enforcement, criminal justice degrees, or who have served in specialized military assignments. They are subjected to a rigorous background check prior #o employment and given training that goes well beyond industry standards. The Custom Protection Division of Wackenhut was expressly designed to address the needs of those Clients whose expectations substantially exceed that of In previous years clients in need of higher quality service were forced to use off-duty Police Gff'ticers. Ttxiay, She WaclCerthut Corporation through our Custom Protection Division, can meet the client's quality demand at much Less the cost P-s you will note, based an the background, training, and screening requirements, the individuals participating in this unique division are of Police quality and above. The Custom Protection Officers' background requirements, coupled with an hourly pay rate that equates to a Riving wage; enables The Wackenhut Corporation to draw from a Labor Pool of experienced, career oriented people. The Custom Protection Division has been a success for The Wackenhut Corporation and the Clients who have decided they wanted something more from Contract Security. Custom Protection Officers are ideally suited for positions with high public confacf. What then is the difference between the Custom Protection and the traditional Security Officers provided by the l/l/ackenhut Corporation for over three decades as well as the officers currently provided by others in the industry? Ever Alert, Nways Safe ~~ Wackenhut CUSTOM PROTECTION DIVISION The Custom Protection Division was conceived to address the major problems in the security industry. They are as follows: 1. The high cost of utilizing off-duty Police Officers or managing a proprietary security force. 2. The tack of qualified personnel available in the Commercial Security Officer labor pool. The Custom Protection Division provides a professional level of protection to Clients whose requirements are well above the commercial or industrial type Security Officer at a cost less than that of an off-duty Police Officer. We at The Wackenhut Corporation believe that upgrading now will provide long term benefits. The Custom Protection Officer° is more effective at a lower cost than an off-duty Police Officer based on the following factors: A. Selection of Candidates -Clients can elect to be involved in the selection and interview process. B. This Custom Protection Officer® is dedicated to the Glient. This is his career - not a secondary job. C. Uninterrupted Post Coverage - (Emergencies, riots, natural disasters) a Police Officer's obligation is to the community, not the Glient. D. Training -Candidates initially are better qualified having been trained in Police or Military installations. Proper training reduces employee turnover, thereby improving employee performance and job knowledge. Ever Alert, Always Safe ~~ Wackenhut The Custom Protection OfficerC~s must meet one of the following qualifications: • Former Police Offcer • Police Academy Trained • Retired Military • Combat MOS • Former Military Police Former Elite Forces Military • Former Federal Agency Officer • Criminal Justice Degree • Other Similar Qualifications The Custom Protection OfficerO Division provides a level of security above the industrial Security Officer based on the following: in-depth screening Complete background investigation Psychological Testing Drug Screening-10 Panel FBI Fingerprint Check Through FDLE The Custom Protection OfFicer~ Division provides the Glient with the following customizing features: A. Special uniform design separate from the industrial guard B. Custom Patches C. Top Wages and benefit program From our beginning, The Wackenhut Corporation`s understanding of Clien# needs and delivering service has been our benchmark.. We have determined that in recent years the quality applicant market has dwindled 90°le and, therefore, in order to meet this challenge, we find it necessary to increase standards, as well as pay and benefits. The Custom Protection Officer® Division addresses these issues head on. Ever Alert, Always Safe d;.~ Wackenhut CUSTOM PROTECTION APPLIC~4NT SCREENING Historically, one out of ten are processed. Three out of five who are processed are hired. The following screening process is implemented for Custom Protection Officer® candidates: 1. MMPI Psychological Examination 2. Security Officer Profile 3. Past Employment Verification 4. Persona! Reference Check 5. Neighborhood investigation 6. Police Records Check -Local 7. County by County Criminal Records Check 8. Credit Records Gheck 9. Florida Department of Law Enforcement Check 10. Driver License Check 11. Medical Exam and 10-Panel Drug Test (Urinalysis) 12. National FBI Fingerprint Check through FDLE 13. DD214 Military Discharge Status NOTE: It generally takes up to four weeks to complete the hiring of a Custom Protection Officer, considering the background investigation, screening process, and training. You can request to see all the documentation for the personnel assigned to your site. Ever Alert, Always Safe ~~ " Wackenhut BAC~C GROUIIfD ChtECK St{NflVIARY 1. MMPI Psychological Examination 2. Security Officer Profile 3. Past Employment Verification 4. Personal Reference Check 5. Neighborhood Investigation 6. Police Records Check -Local 7. County by County Criminal Records Check 8. Credit Records Check 9. Florida Department of Law Enforcement Check 10. Driver License Check 11. Medical Exam and 10-Panel Drug Test (Urinalysis) 12. National FBI Fingerprint Check through FDLE 13. DD214 Military Discharge Status NOTE: It generally takes up to four weeks to complete the hiring of a Custom Protection Officer, considering the background investigation, screening process, and training. You can request. to see all the documentation for the personnel assigned to your site. Ever Alert. Always Safe d;.~ Wackenhut TRAINI11fG SPECIFICS In lieu of the fact that the Custam Protection OfficerOs are hired with a barge reservoir of background and training, it is important to point out that The Wackenhut Corporation also provides the following training to all Custom Protection Officers: 1. 40 Hours of Basic Training 2. 28 Hours of Weapons Training - This includes training utilizing our state-of-the art Judgment Under Stress Training (J.U.S.T.} System. This interactive training tool allows our officers to respond to real life scenarios. This system is used by most police departments when they conduct weapons training and we are the only private agency currently using this system. 3. Minimum of 16 Hours of Site Specific Training (Specialized training is available for clients upon request via The Wackenhut Training Institute}. 4. 16 Hour Per Year of In-Service Training with Topics Chosen By Client, Plus Monthly Training Bulletins. 5. Annual Weapons Re-qualifcations NOTE: All training provided is at no additional cost to our Clients. Ever Alert, Ahrays Safe ~~ Wackenhut SECURITY OFFICER TRAINING 100 HOURS NON-BILLABLE {ntrcaduction To General Security Fundamental of Personal Security (LP-50) Basic Preparedness Image, Professionalism and General Duties (LP-1) Shift Work and Sleep Adjustment (LP-33) Life Safety Fire Detection, Suppression, and Life Safety (LP-25) Accident Prevention (LP-32) OSHA First Responder -Awareness Level (LP- 48) First Responder First Aid (LP-36) Disaster Response (LP-52) Motor Vehicle Driving Safety (LP-30) Legalities Legal Authority: Scope and Limitations (LP-3) Manager's Guide to Security Officer's Power of Arrest (LP-38) Search and Seizure (LP-5) Preservation of Evidence (LP-4) Courtroom Testimony (LP-11) PrOfessiOnal ~Or~n~tunicafiOns Field tscrte-Taking (LP-22) Report Writing (LP-~ Two-Way Radio Operations (LP-14) Telephone Courtesy (LR-13} Interviewing Techniques (LP-56) Physical ~ec~rity Patrol (LP-6) Night Vision Techniques (LP-10) Facility Access and Key Control (LP-18) Alarm Systems (LP-29) Crowd Control (LP-9} Bomb Threats (LP-8) Traffic Control (LP-12) interpersonal ~:eiatiOrlS Human Relations (LP-2) Interpersonal Communications (LP-1~ Controlled Substances (LP-44} Private Security and Police Relations (LP-58} Abnormal Behavior (LP-35) ~OUrse Administration Daily Introduction and Review (30 minutes per day) Lunch (30 minutes per day) Final Exam and Review ALL CPL'S ARE CPR/FIRS7 RESPONDER AND AED CERTIFIED. Ever Alert, Ahvays Ssfe TRAINING TOPICS Date• .• AGENDA ITEM NUMBER: gS AGENDA REQUEST Request to be placed on: _X_ Consent Agenda When: _Apri13, 2007 Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Request approval to accept an agreement between the City of Delray Beach and Navarro Security Group for security service at Pompey Park from Apri11, 2007 to September 30, 2007. Navarro Security Group will provide inside/outside security by uniformed, licensed and trained security officers at $16.00 per hour for a total of 53 hours per week at $848.00. The total estimated cost for the remainder of the fiscal year 06-07 is $22,048.00. Funding is available from account # 001-4127-572-31.90. Department Head Signature: City Attorney Review/Re (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available Account Number es No Initials: ~~-~~z7-s-7 Z. 3r - `~~ Description ~.~~~~ <~/?'tt.SSi ~-y-~ ~ / ~~Yi~S Account Balance: ~ Z 3j ~~ ~ ~ ~~ ~Y~.'tic.5~ / Funding Alternatives: City Manager Review: Approved for Agenda: es'/ Hold Until: No Initials: Agenda Coordinator Review: (if applicable) Received: t~ ~~ [ITS OF DELRA~ RER CITY ATTORNEY'S OFFICE --<<t`l.~ ~ ,~,~ `~ ~~;~~~_°~,~,R.~~ B ~~ ;Hr F °R,° ~;55:1~ DELRAY BEACH All-America City ® DATE: 1993 2ao1 TO: FROM: MEMORANDUM March 29, 2007 City Commission David Harden ity Manager Brian Shutt, Assistant City Attorney Writer's Direct Line: 561!243-7091 SUBJECT: Amendment to Off Site Parking Agreement The attached amendment amends the off site parking agreement entered into on July 13, 2006. The property owner is requesting the amendment to the original parking agreement due to the discovery of an extra parking space on one of the parcels subject to the agreement. Planning and Zoning has reviewed this request and has no objection. Our office requests that this item be placed on the April 3, 2007 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Scott Aronson, Parking Mgmt. Specialist g.K 2005-117 Doc #57 Rev #4 Prepared by and return to: Lloyd Granet, Esq. Lloyd Granet, P.A. 2295 NW Corporate Blvd. #235 Boca Raton, FL 33431-7330 561-999-9300 AMENDMENT TO OFF SITE PARKING AGREEMENT THIS AMENDMENT ("Amendment to Agreement") is made this _ day of , 2007, by and between 60 1/2 LLC ("60 1/2"), whose address is 45 N. Congress Ave, Delray Beach, Florida 33445, and DHBH ATLANTIC LLC ("DHBH"), whose address is 45 N. Congress Ave., Dekay Beach, Florida 33445, and the CITY OF DELRAY BEACH, FLORIDA (the "CITY"). WHEREAS, 60 1/2, DHBH and the CITY entered into that certain Off Site Parking Agreement dated July 13, 2006, recorded in Official Records Book 20685 Page 79 of the Public Records of Palm Beach County, Florida (the "Agreement"); and WHEREAS, DHBH is the owner of Parcels A, B and C more particularly described on Exhibit "A" attached hereto and is or will be the owner of Parcel D more particularly described on Exhibit "A" attached hereto; and WHEREAS, the Agreement provides, among other things, for the relocation of fourteen (14) parking spaces from Parcel C to Parcel D; and WHEREAS, due to the discovery that 15, rather than 14, parking spaces were attributable to Parcel C, the parties desire to amend the Agreement to provide for the relocation of fifteen (15) parking spaces from Parcel C to Parcel D in lieu of the fourteen (14) parking spaces currently required pursuant to the terms of the Agreement. NOW, THEREFORE, for good and valuable consideration, the parties hereby agree as follows: The recitals set forth above are true and correct and hereby incorporated as if fully set forth herein. 2. The parties hereby agree that the Agreement is amended as follows: a. All references to "14 parking spaces" contained within the recitals of the Agreement are amended to read "15 parking spaces" and the reference to "12" in the second to last recital is amended to read "11". b. Paragraph 2b. of the Agreement is amended to provide that upon construction of twenty- six (26) parking spaces on Parcel D, fifteen (15) of the parking spaces currently located on Parcel C shall be relocated to Parcel D. b. Paragraph 2c. of the Agreement is amended to provide that Parcel C is hereby credited with twenty-two (22) parking spaces towards its future development 3. This Amendment to Agreement shall not be terminated, altered, limited, changed or modified unless in writing, signed by all of the parties hereto. This Amendment to Agreement shall be binding upon, and run to the benefit of, each party, its successors, assigns, or heirs, as the case may be. This Amendment to Agreement maybe enforced by any of the parties hereto, including but not limited to the CITY. 4. This Amendment to Agreement shall be recorded, the expense of recording to be borne by 60 1/2. In the event this Amendment to Agreement is ever revised, 60 1/2 shall bear the expense of recording said revision. 2005-117 Doc #57 Rev #4 5. Except as amended herein, the Agreement shall remain unmodified and in fixll force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents and affixed their seals hereto as of the day and year first above written. Witnesses: 601/2 LLC a Florida limited liability company Bv: Print name: Print name: Print Name Title: Date: STATE OF FLORIDA CITY/COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2007 by William Himmelrich, who is personally known to me or who has produced as identification. My Commission Expires: Notary Public Witnesses: Print name: Print name: STATE OF FLORIDA CITY/COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2007 by William Himmelrich, who is personally known to me or who -has produced as identification. My Commission Expires: Notary Public Attest: City Clerk Approved as to Form: DHBH Atlantic LLC a Florida limited liability company Bv: Print Name Title: Date: City of Delray Beach, Florida By: Mayor EXIiIBIT "A" DESCRIPTION: PARCEL A A PORTION OF BLOCK 76, "MAP OF THE TOWN OF LINTON, FLORIDA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 16, SAID BLOCK 76; THENCE NORTH 89°06'52" WEST ALONG THE SOUTH LINE OF SAID BLOCK 76, A DISTANCE OF 95.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°06'52 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 85.70 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NORTHEAST 1st AVENUE AS RECORDED IN DEED BOOK 383 AT PAGE 196 OF SAID PUBLIC RECORDS; THENCE NORTH 00°01'08" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 79.32 FEET; THENCE SOUTH 89°55'54" EAST, A DISTANCE OF 85.66 FEET; THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 80.54 FEET TO A POINT ON THE SAID SOUTH LINE OF BLOCK 76, SAID POINT ALSO BEING THE POINT OF BEGINNING. LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 6,848 SQUARE FEET (0.157 ACRES) MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. DESCRIPTION: PARCEL B A PORTION OF BLOCK 76, "MAP OF THE TOWN OF LINTON, FLORIDA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT.BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 16, SAID BLOCK 76; THENCE NORTH 89°06'52" WEST ALONG THE SOUTH LINE OF SAID BLOCK 76, A DISTANCE OF 23.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°06'52 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 71.96 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 140.02 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK 76; THENCE SOUTH 89°06'52" EAST ALONG SAID NORTH LINE, A DISTANCE OF 71.98 FEET; THENCE SOUTH 00°00'34" WEST, A DISTANCE OF 140.02 FEET TO A POINT ON THE SAID SOUTH LINE OF BLOCK 76, SAID POINT ALSO BEING THE POINT OF BEGINNING. LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 10,076 SQUARE FEET (0.232 ACRES) MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. DESCRIPTION: PARCEL C A PORTION OF BLOCK 76, "MAP OF THE TOWN OF LINTON, FLORIDA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 16, SAID BLOCK 76; THENCE NORTH 89°06'52" WEST ALONG THE NORTH LINE OF SAID BLOCK 76, A DISTANCE OF 95.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°06'52 WEST ALONG SAID NORTH LINE, A DISTANCE OF 85.65 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NORTHEAST 1st AVENUE AS RECORDED IN DEED BOOK 383 AT PAGE 196 OF SAID PUBLIC RECORDS; THENCE SOUTH 00°01'08" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 60.70 FEET; THENCE SOUTH 89°55'54" EAST, A DISTANCE OF 85.66 FEET; THENCE NORTH 00°00'00" WEST, A DISTANCE OF 59.48 FEET TO A POINT ON THE SAID NORTH LINE'OF BLOCK 76, SAID POINT ALSO BEING THE POINT OF BEGINNING. LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 5,147 SQUARE FEET (0.118 ACRES) MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. ~ FUND COMMITMENT P~r~c.~ D Commitment No.: Fund File Number 06-2006-10144 EXHIBIT A Beginning at the Southeast corner of Lot 12, Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; thence North 89° 06' S2" West, along the South line of Lots 6 and 12, a distance of 276.18 feet to a point of intersection with the East Right-of--Way line of N.E. 1st Avenue, as recorded in Deed Book 594, Pages 364 and 365, Public Records of Palm Beach County, Florida; thence North 00° O1' 08" East, along said Right-of--Way line, a distance of 26.00 feet; thence South 89° 06' S2" East, along a tine 26.00 feet North of (as measured at right angles to} and parallel with the South line of said Lots 6 and 12, a distance of 276.17 feet to a point of intersection with the West Right-of--Way line of N.E. 2nd Avenue; thence South along said Right-of--Way, a distance of 26.00 feet to the Point of Beginning. Page 5 of 5 'i~i ~_~ R i ~~. ~ ~_~ ~ ~~~ ~ r-r ~'~ `~ ~' ' ~. ~~~~~.. ~~ , ~~~ s .~ ~ ~ ~ ~ ~gg <b ~F ~~ A' ~~ ~~ ~~ ° ~~ ~ ~s~~~ ,~~e~ ~~ ~~ '~ `~R ~ ~~ Y I ~ ~ ~~ I 1 I I ' .n. .,er ~~~~or r ~ ~ ~ ~~ t ~~~~ ~~ ~ 1 1 ~ tar~wwa+M M ar,rar• ^^ . - - ~••• 71r9W Oi 7N ~"'~ - ~ ti pn ` ' ~ w = ` I R ~ I ~ . . . . . . . ~~ . . f ~~~ ~ R a w.ar~wawrs ~~~ - ~-~`-- za.~r rwwr~wwww~~_- aew ti+aueos o .r .' ~. ~~ ~~ ... ~ ~. TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Q SUBJECT: AGENDA ITEM # (~ ' ~ - AWARD OF BIDS AND CONTRACTS DATE: MARCH 30, 2007 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Chaz Equipment Company, Inc. in the amount of $25,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. Funding is available from 442-5178-536-63.82 (Water/Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 2. Contract award to Hartzell Construction, Inc. in the amount of $24,565.00 for the exterior and interior renovation of the concession stand building at the old Atlantic High School. Funding is available from 001-4149-572-63.40 (General Fund/Recreation Improvements). 3. Purchase award to Line-Tec, Inc. in the amount of $25,000.00 via the City of Boynton Beach, Bid #027-2821-07/JA for the Water Service Relocation Program. Funding is available from 442-5178-536-65.17 (Water/Sewer Renewal & Replacement Fund/Water Service Relocations). 4. Contract award to South Florida Construction Services, Inc. in the amount of $24,920.00 for Fire Station #3 Officer Quarters Remodeling Project. Funding is available from 001-2311- 522-62.10 (General Fund/Buildings). 5. Contract award to Sports Turf One, Inc. in the amount of $37,610.33 for the renovation of the south athletic field of the former Atlantic High School football field. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Improvements Other/Soccer Complex). 6. Purchase award to Wesco Turf Supply, Inc. in the amount of $31,396.18 for the purchase of two (2) Model #30361 Toro Groundsmaster 7200 Heavy Duty Zero Turn Mowers with 72" Recycler Deck via the Florida State Contract #515-630-06-1 for the Parks and Recreation Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 7. Purchase award to Duval Ford in the amount of $107,029.00 via the Florida Sheriffs Association Contract #06-14-0821 for the purchase of four (4) vehicles for various departments. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 8. Purchase award to Metron-Farmer, L.L.C in the amount of $34,492.77 for the purchase of 39 refurbished 3" Spectrum 175 Water Meters. Funding is available from 442-5178-536-61.81 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Program). 9. Purchase award to Zoll Medical Corporation in the amount of $26,184.00 for one (1) Zoll E Series Defibrillator/Monitor. Funding is available from 001-2315-526-64.90 (General Fund/Other Machinery/Equipment). Recommend approval of the above bids and purchases. S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2007 Bid Memos\BID Memo 040307.doc City Of Delray Beach Department of Environmental Services M E M O R A N D U M www. mydelraybeaeh. eom TO: David T. Harden, City Manager FROM: Victor Majtenyi, Deputy Director of Public Utilities SUBJECT: SANITARY SEWER MANHOLE REHABILITATION (P'!N 20070-37) Agenda Item; Purchase Order to Chaz Equipment Co., Inc. DATE: March 26, 2007 Attached for City Commission approval is a request to approve a purchase order to Chaz Equipment Co., Inc. in the amount of $25,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. The Sanitary Sewer Manhole Interior Rehabilitation contract with Chaz Equipment dated August 27a', 2002 has been renewed annually for the past four years. The current contract is valid through September 30~', 2007. The award will allow us to continue with our annual sanitary sewer manhole rehabilitation program. The current request is for $25,000. We have identified several sanitary sewer manholes in the south west area requiring rehabilitation; the deterioration on some manholes is to the point where the bottoms are non-existent. Staff recommends an award to Chaz Equipment Co., Inc. in the amount of $23,000.00 for Sanitary Sewer Manhole Rehabilitation. Funding is available from account #442-5178-536-63.82, Water and Sewer Renewal & Replacement Fund/ Sanitary Sewer Manhole Rehabilitation. ce: Richard Hasko; Director of ESD Scott Solomon; Manager Water and Sewer Network City Clerk's Office Agenda File 04-03-06 File: Water & Sewer Netwodc FN 2007-037 (A) Aada Memo Chaz SS MH Rehab Cntrct 04 03 07RV docA^''° *~°^~^ ~~"° CC AAL D..6,.6 /'..t..d nn n~ m d,.,. ~, ~ ~ MEMORANDUM TO: David T. Hazden, City Manager FROM: Jacklyn Rooney, Purchasing Manager THROUGH: Joseph Safford,ance Director DATE: July 03, 2006 SUBJECT: Contract Renewal Bid #2002-37 Sanitary Sewer Manhole Interior Rehab -Annual Contract Ord Year Renewal Per page 5, paragraph #20 of the General Conditions of this bid; "The City Manager may renew the contract at the same #erms, conditions, and prices for four {4) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance, and determination the renewal will be in the best interest of the City." Per the attached, the vendor has agreed to the one {1} year renewal and the Deputy Director Public Utilities recommends the one (1) year renewal. This is the final renewal for this contact. This contract will need to be re-bid next fiscal year. Recommendation: Staff recommends the one (1) year renewal with Chaz Equipment for the annual contract for Sanitary Sewer Manhole Interior Rehabilitation. If you approve, please sign below and return to Purchasing. Recommendation Approved: ~ S City Manager Date Attachments Cc: Victor Majtenyi, Deputy Director Public Utilities Scott Solomon, Manager Water & Sewer Network •, ~ BID SIGNATURE FGRIVI '~ PLEASE AFFIX SiCNATURE WHERE INDICATED {FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) B1D #: 2002-3T Ope~ninq Date: Tuesd~ay.~Auqust 27, 2002 BID TITLE: Sanitary Sewer Manhole Interior Rehabilitation COMPANY NAME~° _~Af! ~~ i i PtY~ ('~ • ~(_° • DATE: $ ~ ~.~~ a' NAME/T1TLE: ADDRESS: ~~~0 .~duc-I[~~~ ~ P-m~a ~oP~-c~, ~ Co C1TY ~ ~ ~~, IT~{,~ STATE Z1P CODE ~3 y' I FEDERAL TAX LD. #: ~ - ~, ~l7Co ~~ ~ `i' TELEPHONE: (~ o I ) ~~~` ~-I ~q FACSIMILE ( ~~~ ' ~- ~ ~ O ~- *S1GNA 1 VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: ~' m CONTACT NAME: ~,~~jQ~~~~~E~tU~ M TELEPHONE: ( ~t.01 ) ~?~~~ ~ c~•-l O 9 27 ., ~ ., ' MANHOLElLIFT STATION REHABILITATION BY CEMENTITIOUS LINING SCHEDULE OF PRICING BID FORM ITEM 1.) 2.} 3.) 4.) 5.) s.) 7.) 8.) 9.) 10.) 11.) 12.) 13.) Mobilization/Demobiiization a. Mobil'¢atioNDemobilization if less than ~ 10 manholes or less than 750 SF per job work order ~~~ ' each ~b Cementitious lining of Brick Manhole - 48" Diameter O' per vertical foot Cementitious lining of Pre-cast Manhole - 48" Diameter O ' per vertical foot. Cementitiaus ling of Brick Manhole - 60" Diameter _ ~q 3 ' Per vertical foot h -] >~ Cementitious lining of Pre-cast Manhole - 60" Diameter ot~ I • per verdcai foot Lift Station Surface Rehabilitation by Cementitious Lining ~ ~ ~ per square foot Sewer Sy-Pass By-Pass Pump Setup with Bypass Pumping a. Bypass 8" Sewer Setup ~,~ each t>d b. Bypass 10" to 12' Sewer Setup ~ EX~D • each c. Bypass 15" to 18" Sewer Setup :~dd~ each d. Bypass 24" Sewer Setup ~OQO • each " d~ ~ ~ ` d Pump e. Bypass 4 per ay f. Bypass 6" Pump ate, Per day g. Bypass 8" Pump a ~' per day h. Bypass 10" Pump ©0' per day Adjust Existing Manhole Casting within Asphalt Pavement ~~D. each ds Adjust Existing Manhole Casting within Green Area ~a each Furnish New Ring and Caver O ' each . ~ Re-Construct Manhole Bench and Flow Channel ~ ~~ ` each Famish and Install Manhole Chimney Seal ~ `„_ each ~ Re-Instal{ Existing Pump base 4" ' each W fi" ,~,~_ each ~8" ~p~b , each 25 • ~ ~, , 14.) Fumish and Install 8" PVC Interior Drop 15.) Fumish and install 8" PVC interior Drop 16.) Re-construct Lift Station Fillet 17.) Removal of Existing Coating 18.) Remove and Replace Existing Piping and Valves, within Existing Submersibie Lift Station through Existing Valve Vault 2' to 4' ~ each 4' to 6' ~' each ' ' / ~ ` ~ 6 to 8 (~ . each 2' to 4' _ ~• each ~ 4' to 6' ~ ~ each ' ' ~` ~ 6 to 8 / each 6' Diameter 1 ~f.~' each tt~~ W 8' Diameter ~ 0(00' each 10' Diameter 0D' ~,;1 each n ' ~ l per square foot 4" ~ Qp~}• each 6" I'p OQD' ~ ch 8" .~i~~ each 26 ~~~ Agenda Item No. ~. AGENDA REQUEST Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda Date March 26, 2007 When: April 3, 2007 Description of item (who, what, where, how much: Approve an award to Chaz Equipment Co., Inc. in the amount of $25,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. Funding is available from Account #44,5178-536-63.82, Water and Sewer Renewal 8~ Replacement Fund/ Sanitary Sewer Manhole Rehabilitation. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award to Cha Equipment Co., Inc. in the amount of $25,000 for Sanitary Sewer Manhole Rehabilitation. Department head signature: ~ 3• Z~-v~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re on all it s involving expenditure of funds): Funding available: ES O (see above) Funding alternatives If applicable): Account No. & Des~iption ~fZ -S"i 7~ ~ ~ 3 6 . S 7 ~4 ~ v ~c'e~c~; Account Balance ~, d b ~ City Manager Review: Approved for agenda: ~'ES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved S:1EngAdminlProjects12007~2007-03710FFICIAL1Agenda Req Chaz SS MH Rehab 04.03.07.doc MEMORANDUM TO: David Harden, City Manager FROM: Alberta Ga Project Coordinator c.t~/~ THROUGH: Joe Weldon, irector of Parks and Recreation SUBJECT: Renovation of AHS Concession Stand DATE: March 27, 2007 Request approval for contract award to lowest bidder, Hartzell Construction, Inc., in the amount of $24,565.00, for the exterior and interior renovation of the concession stand building at old Atlantic High School. Vendor will repair exterior wood fascia behind signage, replace 24' of other rotted fascia, replace metal door, replace existing lighting and conduits, install electric outlet for the ice machine, replace 5 wood serving doors with metal roll up shutters and prime and paint. Interior renovation will include counter tops, 24' of continuous lower cabinets, 11' of upper cabinets, new outlet for refrigeration, stainless steel sink and prime and paint walls and ceiling. Total cost is $22,950.00. Two additional options are suggested: #1-add lower 2 rows of shelving with doors, $1250.00 and #2-seal and stain concrete floor with sand for texture and safety, $365.00. We recommend the two options because of the increased secure storage area and the safety factor for the flooring. Total cost for the initial renovation and the two options is $24, 565.00. Funding is available from 001-4149-572-63.40 (Recreational Improvements). If approved, please place this agreement on the April 3, 2007 agenda for City Commission consideration. cc: Doug Smith, Assistant City Manager S ~..2 Feb 26 07 08:37a William Stecklow 661 482-9078 p.1 Hartzell Construction, inc. 2301 N.W. 33rd Court, Suite 12 Pompano Beach, F1.330b9 February 24, 2087 TO: City of Delray Beach -Old Atlantic H.S. Concession Building Tom Kwiater -Recreation Supervisor IV Fax 561-243-7268 -Phone X61-243-7255 FROM: Bill Stecklow . ~~ _:--, RE: exterior and Interior Renovation of Concession Stand Building SCOPE: Exterior: Remove signage and signage framing; repair wood fascia behind signage and remove and replace 24' of other.woad rotted fascia; remove metal entry door and frame and replace- reuse existing lockset; remove existing lighting and conduits and replace with 9 new fixtures and conduit, install an electric outlet with special cover for the ice machine; remove the 5 wood serving doors and replace with rnetai roll up shutters with locks; prime and paint all exterior -same colors as existing. Interior: Remove the existing counter tops anti replace with 4(i' of continuous counter tops (plywood with mica veneers wrapping around under the 5 tall up shutters, the old ice maker side and towards the exit door allowing enough room for the refrigerator and for the door to property open; famish and install 24' of continuous lower cabinets (plywood with mica veneer) starting at the counter next to the door and running towards the wall of the 3 roll up shutters; furnish f 1' of upper cabinets above the entry wall; install a new outlet for the refrigerator, a new electric box and 3 new ou#lets; install a stainless steel sink- connect to existing floor drain -cut groove in concrete and then patch floor- connect to existing cold water line; prime and paint walls and ceiling. Our price to da the above work is $22,950.00. - Aftemate Option 1: Add Lower 2 rows of shelving with doors below the 3 roll up shutters (15' each) - add: 51250.08_ Alternate Option 2- Seal and stain concrete floor with 2 coats of HB~C concrete stain with sand for texture and For safety- easy to wash and will cover variations in color and texture of existing floor- Add $ 365.00. Cc: Eric McCabe a~ alb ' Main Fax Number X954) 957-97fi6 Main Phone Number (954} 957-97+62 WSS Fax Number {5S1 } 482-908 WSS Ceti Phone Number {5fi1 } 239-47'i ~ 5 { S ~''. ~I V L~ Mar 29 07 01:29p William Stecklow 561 482-9078 p.1 DELRAY BEACH -Old Atlantic High School BfD _ 3128/2007 -- -~- ,.- _. _. --n- Demolition _ .__ _ - - _ $3,950.00 ~~ - - -- _ Dumpsters $750.00 ._._ _ _. _ ~ - ___ ~ Exterior Wood Fascia Re airs _ New Exterior Metal Door and Frame __ Electrical -Exterior - _ $500.00 ___ _ $t 500.00 _ _ $2,600.00 ; v 5 Roll Up Shutters Paint Exterior- Prime - 2 finish coats $2,550.00 _` _ "~ ~~ _ ~-~ $2,300.D0 Replace 46' -Mica on Plywood Coun ' ~ __ _ __ _ $2,250,00 ' ~ _ Re lace 24 of lower cabinets -Mica $1,650.00 _ 'Re lace 11' of upper cabinets _ Plumber/Stainless Steel Sink ~ _ ___ $850.00 _ _ $ 9,350. 00 - - Cut groove in C_oncrete/patch concrett' _ _ ____ $500.00 ~ . Interior electric -_ ~- - ~- _$800.00 - ~ -~ - .- ~- __ interior Painting - ---- 1 400.00 ~. - _ _ _. __$22,950.00 2 Lower Rows of Shelvin with d o ! ~ ~ - - -------- o $1 2 _ _ _ ~ rs , 50.00 ; _ ___ Stain Flooring - HS1C Stain -_ _~ X365.00 - I $ 24 00 I -----.^ -- 565 -- - ~ , , Hartzell Bid of 2124J2007 broken down as per your Bill Stecklow- - T'"-- --- request. ~---- --- --- - -- ----- - _ _ -.-. -•-- -- -. - ~-~~_ -_ --~-_,---..-._..-_~ - 1 --- - -- - ---- -.-.. __~.__h~_-.-._ _ - ------ --- -- --------I - --•- - - --- -- - - -- - ---- ~ --- ----~ -- --- --- -- _ MRR-5-2007 09:00R FRDM:SIL GROUP 15615P63201 T0: z437Z66P.1 ARIES CONTRACTORS GROUP CO. Prouosal MARCH 1 ,2007 To: DELRAY BEACH PARKS AND RECREATION IS N.W. 1~' STREET DELRAY BEACH, FL. Re: OLD ATLANTIC CONCESSION Attn: TOM KWIATEK Demolition (2X4 wood for signs, counters, lights, frames and door) Dumpsters supply and install new fascia Supply and install new metal window frames Supply &install new metal door and frame Electric remove & reinstall 3 int lights, 5 ext lights, 1 locking outlet 2 quads Supply and install new plumbing far new sink Paint interior and exterior Supply and install new Formica cabinets end counters Supply end insta115 tall down shutter Qa each window material and labor included 1,800.00 1,800.00 800.00 l,ooo.oo 600.00 2,900.00 2,800.00 3,000.00 ] 1,00U.UU 6,800.00 Exclusions: cost o(permit--- CHANCE ORDERS WLLL BE COST PLUS 20 DRAW SCHEDULE TO BE DETERMINED ARCHITECHTUAL DRAWINGS NEEDED THE COST IS 4,500.00 Sub-total $32,500.00 20 % oh&p 6.;SOOAO TOTAL $ S 39,000.00 THANK YOU TOM KOWALSKI 21 BOYD " ` STI~ART "' BOGGESS „ , ': ~Ei LICENSE #CGC060433 -,': CUSTOM ':; ~ WOODWORK ; CONSTRUCTION j MANAGEMENT .:,;;; !i 777 E, ATLANTIC AVE '-~' SUITE Z #227 DELRAY BEACH, FL ,, , i, : 33483 ~-~ `' ~ a'~ 561-245-1193 Date: . . AGENDA ITEM NUMBER: 8.1.2 AGENDA REQUEST Request to be placed on: _X_ Consent Agenda When: _April 3, 2007. Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Request approval for contract award to lowest bidder, Hartzell Construction, Inc., in the amount of $24,565.00 for the exterior and interior renovation of the concession stand building at old Atlantic High School. Funding is available from 001-4149-572- 63.40 (Soccer Complex Recreational Improvements). Department Head Signature: City Attorney Review/ ecornmendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~ No Initials: Account Number ~y l ~ ~~ ~ g" J~7Z - ~ ~' ~Q Description ~~Q ~`Q~ ~ / ~~ ~/`~~Y'L'~'~ Account Balance: ~~~. ~ ! 3 4U ~~ ~~~ ~ / Funding Alternatives: City Manager Review: ~~ Approved for Agenda: . e / Hold Until: Agenda Coordinator Review: • ~~ No Initials: ' (if applicable) Received: City Of Delray Beach Department of Environmental Services M E M O R A N D U M www. mydelraybeach. com TO: David T. Hazden, City Manager FROM: Victor Majtenyi, Deputy Director of Public Utilities SUBJECT: WATER SERVICE RELOCATIONS (P/N 2007-038) Agenda Item; Purchase Order to Line-Tec, Inc. DATE: March 26, 2007 Attached for City Commission approval is a request to approve a purchase order to Line- Tec, Inc. in the amount of $25,000.00 for the Water Service Relocations. The terms and conditions are based on the current two year contract with the City of Boynton Beach for "Supply and Installation of Water Service Connections and Restoration", Bid #027-2821-07/JA, expiring March O5, 2009. The award will allow us to continue with our annual water service relocation program, changing reaz yazd water service meters to the front yard. The request is in the amount of $25,000. We have identified areas on the barrier island where these relocations are necessary. Staff recommends an award to Line-Tec, Inc. in the amount of $25,000.00 for Water Service Relocations. Funding is available from account #442-5178-536-65.17, Water and Sewer Renewal & Replacement Fund/ Water Service Relocations, after a budget transfer. cc: Richard Hasko; Director of ESD Scott Solomon; Manager Water and Sewer Network City Clerk's Office Agenda File 04-03-06 File: Watet ~ Sewer Network, PN 2007-03H (A} Agnda Memo Line Tech - Wtr Serv Conn Crrtrct 04 03 07.d+oc $. ~. I } 03/07/2007 ]1:00 561742 6 BOYNTON BCN FINANCE PAGE 01 .~~+; ?fie C~rfy ~ - . atQaBs+sc~ PROCUR,$111~1V',,[~ Sd'RV,~C~ I o0 E. SO~'NTO.N SEA G'.~ BOUl.BV~Rn p. v. svx suo ' BOYN'l'ONBRACH, FLORIDA ~'~9~0~410 TEl.~PlYO,T',6NO: lSlSll Tilsi-F410 FAX: (S9Z! T~98~6 March 06, 2007 Line Tx In,c, 1210 S.E. First Street Boynton Beach, Fl 33435 Attn: Scott Ellsworth B1ID: "TWO-YEAR CONTRACT FOR SUPl1'LY AND INSTALLA,'><'ION OF WATER SERV)rCE CONNEC'I'l<ON5 & RESTORATION" SIDp: Q27-2821-07/JA CONTRACT PERIOD: MARCH OtS, 2007 TO MARCH os, 2ao9 Deaz 1V)(r. Ellsworth: At the City Commission meeting of March S, 2007, the Bid for "TWO -YEAR CONTRACT ili'OR TAE SUPPLY AND INSTALLATION OF WATER SERVICE CONNCTIONS & RESTORATION" was awarded to your company. As stipulated within the Bid specifications, your company's original certificate of insuraunce is to be provided to our Rislc Management Department at your earliest conveztience, narni~ the City as additionally insured. WG would like to thank you for responding to this Hid and look forward to working with you. A tabulation sheet is enclosed for your review. A Blanket purchase Order will be issued upon receipt of your it>tsurance. If you have any questions regarding this Bid, please call Janet Allen, Buyar, at (SC 1) 742-6322. Silacerely, 4 Bobby Jenkins Deputy Finance Director !js Entlosuro: Tabuba~On Sheci cc: (,e+ S~rklcinin B~rE Co~twy (:a+tn1 File Ells Z ' d Xd~ 13C213Sd1 dH WdSZ ~ Z T GOOZ S i JeW The City of Boynton Beach Procurunent Services J00 E. Boynton Beach Boulevard P. O. Bax 3J0 Boynton Beach, Florida 33425-0310 Telephone: x561) 742-6322 FAX: (561) 742-6316 REQUEST FOR BID FOR TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID # 02'7-2821-07/JA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevazd, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JANUARY 17.2007. No Later Than 2.30 P M (Local Time) Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All bids received will be publicly opened and read aloud. Bids received after the assigned ~ date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regazd to mail being delivered by a specified time so that a bid can be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to any item(s) or portion of this bid should be directed to Janet Allen, Buyer, (561) 742-6322. The following language is made a part of and is to be included in the specifications hereto attached: 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 makes, the phrase OR EOUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. SCOPE OF BID: The purpose of this bid is to provide a two (2) year contract for the supply and installation of water service connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility's service area. Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 (561) 742-6322-Janet Alien Office Hours: MONDAY -FRIDAY, 8:00 A.M. TO 5:00 P.M. SPECIFICATIONS FOR TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION This specification is for the two (2) year supply and installation of water service connections and service lines, to include water taps and restoration related to the 2" galvanized water main replacement program; relocation of rear easements to front yards; and replacement of existing water mains and service connections utilizing published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. One set of original and two sets of copies of proposal. The unit bid price for house water service connections at the new City installed meter and house valve includes the I" gate valve at the house connection and sod restorations specific to each house This price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item Also included in the unit bid price for water service coru~ection and restoration will be the cost for all permits outside the City of Boynton Beach. These permits will be obtained by the Contractor. The City of Boynton Beach requires one permit drawn for each installation within the City, and these fees will be waived. The Contractor shall provide all information required for the permit application. The requirement for individual site plan is waived in lieu of the typical installation site plan which you will provide with your permit application submittal All new water services will be connected at the same point of connection at the existing house valve or service point Quantities estimated at 350 services per year are provided for estimating purposes only. Payment will be based on actual installed quantities 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A l2 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this installation. The Contractor will confine-his activity to within these limits The Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 bows prior to such entry Ic The Contractor will provide 48 hours notice to the homeowner by door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service All work related to each installation includin restoration will be com leted within ten g ~ p ~( (10) calendar days of the date of entry onto any property < '• . The Contractor's liability insurance will be in effect for all work related to this contract ~c The Contractor is to submit one (1) original and two (2) copies of their bid The Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence ~_ All trenches will provide a minimum of 12 inches cover and be a maximum of 8 inches wide and will be hand dug or performed using trenchless methodologies. No other equipment will be allowed in the yazds. Any request by the property owner to either the City or Contractor that the trenches be hand dug will be honored and a walk behind trencher will not be allowed on any private properties Contractor will rovide a one I ear warrant for all work and mat 'als rel d t the p () y y en ate o ~( water service connection, service line and restoration ' ` A daily project inspection by the City Utility will be made and all customers will be connected to the new water service before the Contractor's quitting time THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone number available 24 hours a day 7 days per week must be provided Contractor will prepare a Listing of items and quantities from the proposal page on a per property basis This listing will be presented to the Utility Department inspector and mutually agreed ~(' upon prior to any work commencing < < Bid proposal prices are valid for two (2) yeazs with the ossibilit of an extension of one P Y (1) additional year, pending mutual agreement The Contractor agrees to commence work within seven (7) calendar days after receipt of order and will complete the work within ten (10) days per individual property The Contractor must have an Underground Utility License THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL I1V ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (56I) 742-6322 Broadcast Date (City): DECEMBER 5, 2006 Bid Title: TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION Bid Number: 027-2821-07/JA Bid Received By: JANUARY 17, 2007, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JANUARY 17, 2007, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awazds made as a result of this bid shall conform to applicable sections of the charter and codes of the City. ~_. Name of Vendor: ~ (~ ~~ .~ ~f ~ ~ ~~ Federal I.D. Number: C~ ~ - ~ ~ ~" A Corporation of the State of: ~' Z) Y" ~ S Area Code: ~ Telephone Number: ~~ ~- ~ - l Mailing Address: City/State/Zip: Vendor Mailing Date T !~!~In-~ ~~ , 3 IS THIS PAGE TO BE SUBMITTED ALONG WITH IrRO)POSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE j c. v i i ~.I ~ S ~..sa-,r7h1 Name Typed PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR TWO -YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION To All Bidders: Date: ~ ~] (~+ ~ U~~ The undersigned declares that he has carefully examined the specifications and is thoroughly famiIiaz with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Ariach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of ITEM ITEM DESCRIPTION UNIT OF UNIT PRICE NO. MEASURE 1 Furnish and install water service Each connection from City installed meter to house valve ate valve Size 1" 3 C.~O - (~ C~ 2 Furnish and install 1" schedule 40 PVC Linear foot water pipe and sod restoration over 3 trench - Q d 3 Installation of 1"meter box and lid Installation unit 3 C,~- t~0 4 Installation of 2"meter box and lid Installation er unit 3 ~ _ 5 Famish and install two inch corporation Installation/ materials st and saddle/Iess than 4` in d th er unit °r-, • ~• C~ 6 Installation and price, per foot, of 2" Installation: 1 - ~ ~ service line with PVC casing Price per foot: 7 Price to terminate/abandon existing Labor per unit water service ~ U i~. L7o Ilew~s d-72 will6t rscd u xnit pneiea~or f'"DlP woater Linea IO Cnl/0nC[ CX[CNIION O lllla ~td 8 Famish and install 6" gate valve with Installation/materials box unit S Q. U~O 9 Installation and price, per foot, of 6" Installation: ~ . O J DIP water main installed with fittings Price per foot: ~ . G, U 10 Installation of fire hydrant assembly Installation only with 6" ate valve corn fete ~ oZOi~ _ CTa Ib THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE I 1 Installation of sam le ints Installation onl . ~7~ 12a *Installation of tapping sleeves and SEE NOTE '~ valves/non- awed azea ~ O • ~-~ l2b *Installation of tapping sleeves and SEE NOTE '~ valves/ aved azea 3 . ~ Items 1-12b will be used as bid evaluation. Items 12-20 will be used as seconda evaluation criteria. 13 Additional cost for hand di trench Lineaz foot Q l4 Additional cost for restoration of Square foot halt drivewa ~J • s ~ 15 Additional cost for restoration of Square foot concrete drivewa sidewalk $ • ~ ~ 16 Hourl labor rate Per hour ~ - c~0 17 Hourl rate for trencher, if needed Per hour 1 S Hourl rate for backhoe, if needed Per hour -U 19 Hourly rate for boring machine, if Per hour needed O • ~~ 20 Mazk up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice provided by ~(~ vendor indicatin wholesale cost: ~' *To include all Iabor and appurtenances non~nally associated with water main replacement programs. Two prices should be provided: (12a) installation in non-paved area, and (12b) installation in paved area. Both prices should include restoration to "as found" or better condition. ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within ~ calendaz days from the date of the Purchase Order from the City. Number of Bid Proposals submitted Original and two copies submitted ~-~i Yes/No Evidence of possession of required licenses ~ es/No Specification "check-off 'sheets (Pages 3-5} Submitted: 44 es/No 17 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Anti-Kickback Aff davit Submitted ^ es/No Confirmation of Minority Owned Business ~~ Submitted Y les/~vo Drug Free Workplace Submitted es/No V1 ~ '~~L.,. ~~ COMPANY NAME SIGNATURE S ~-o~ ~ 1 ~ G ~ '~ ti ~' cam, 3~ ~ ~~ ~,~ TELEPHONE NUMBER Florida Contractor's License Number 1PRIN~TE~D NAME r2~i F~~M_ I TITLE 18 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Contact Bid #027-2821-07/JA Date: January 17, 2007 Alternate Bid. Items City of Boynton Beach Water Service Contract, Additional services availabic in association ~ti ith this Contract. Item Description unit Price #21. Furnish and install 1"corporation stop and saddle less than 4' in depth. $275.00 #22. Installation of 4" C940 PVC price per foot with fittings $31.50 .#23. Installation of 6" C900 PVC price per foot with fittings $38.50 #24. Installation of 8" 0900 PVC price per foot with fittings $45.50 #25. Replacement of fire hydrant (only) with materials using existing valve $2500.00 #26. Installation price per foot of 2" P.E. service line w!o casing for short side $15.50 #27. Installation price per foot of 1" P.E. service line w/o casing for short side $13.00 #28. Installation price per foot of 1" P.E. service iine with casing for long side $15.00 #29. Installation of 1" ball meter, yoke baz and tail piece $125.00 #29. Installation of 1 1 /2" or 2" ball meter and meter connection $250.00 #30. Installation of 2" resetter (labor only] #3 l .Installation of 2" blow off assembly #32. Installation of 2" RS gate valve and saddle complete with valve box #33. Installation of 4" Gate Valve with box #34. Installation of 8" ('rate Valve with box #35. Installation of 2" backflow preventer #36. Installation of 1" backflow prevenier $3 50.00 $325.00 $550.00 $»0.00 $750.00 $625.00 $325.00 Item Description #37. Installation of 11~IXL1 on existing Z'R meter (plug unit only) #38. Installation of 5/8" water meter #39. Installation of l"water meter #40. Installation of 1.5" water meter #41. Installation of 2" water meter #42. Furnish and install 1 '/4" SCH 40 PVC water service pipe #43. Furnish and install 1 '/2" SCH 40 PVC water service pipe #4l. Furnish and install 2" SCH 40 PVC water service pipe #42. Reconnect to existing sprinkler connection at house #43. Sod restoration for water main projects price per SF #44. Pass through on materials not covered under line items Unit Price $ l 0.00 $22.00 $28.00 $150.00 $175.00 $ 4.25 $ 5.00 $ 6.25 $ 7s.oa $ 1.00 Cost plus 20% rte"' W z Z G Q ''~pp V, 12 y V VJ 0 y V Q MW ~ W ~ J 'n VL, 0 L\ O Q f' N F- W U f ~ O O w O 0 W 2' J v Obi AQ n N y b~ 'w N a M 1 N N O b~ N N OsC V •~ o~ *O~' O ~~ ,o ~ ~ g •,~ i Q w ~ W~ rr~`` .~ V 0 •Y b A a O O i r ~ •U ~ . ~ ~ U 3 'C3 ~ ~ ~ I O Q y ~ ~ v ~ ~ ~ ~~ 'v o x o a a~ ~ w o ~ ~ u o .~ ~ y ~ •~ 0 ~ .~ "~ 4 N . ~ "~ Q L V _~. C d x ~~, ~~ ' , Vl in C O .y H .~ ~ U Q o .~ tj a u c U~ ~ ~ ~ ~ ~~ 'O ? v(-~SLxF Q p°q~°'~^~~' ~~x 3~~ ~'~a ~F,~ U ~ s v A d G a L ae a.Oi y i ~22G h ~ •G xN .~ .y Q ~ ~ U m 'C a U > a U d A ,~~1TY • G~ ~;:: ~ P ad 4~ ~'?1~d • Agenda Item No. AGENDA REQUEST Request to be placed on: --X-Regular Agenda Special Agenda Workshop Agenda Date March 26, 2007 When: April 3, 2007 Description of item (who, what, where, how much): Approve an award to Line-Tec, Inc. in the amount of $25,000.00 for Water Service Relocations. The terms and conditions are based on the current two year contract with the City of Boynton Beach for "Supply and Installation of Water Service Connections and Restoration", Bid #027-2821-07/JA, expiring March 05, 2009. Funding is available from Account #445178-536-65.17, Water and Sewer Renewal 8~ Replacement Fund/ Water Service Relocations, after a budget transfer. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award to Line= Department head signature: in t mount o $2 00 for Water Service Relocations. ~ Z~-v~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable Budget Director Review (re on all it s involving expenditure of funds): Funding available: E O (see above) Funding alternatives if applicable): c~ l ~c ~U~S Account No. & Descn tion 4f Z - i 7 -~3 S / LPG Account Balance ~~ ~ C) ~ X Lx.~-S r/ City Manager Review: ~--1 ~ / Approved for agenda: ~~ES/NO l~~ Hold Until: ~' Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved S:1EngAdminlProjects1200712007-03810FFICIAL1Agenda Req Line Tec - Wtr Serv Conn 04.03.07.doc ~ , ~ ~i i1tY OF pELRAY BEAiH FIRE-RESCYE oEPARTMENT DELRAY BEACH o ~~-A1118fiiC8 r~ Serving DELRAY BEACH GULF STREAM HIGHLAND BEACH `11~® 1993 2001 MEMORANDUM TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: March 28, 2007 SUBJECT: Station #3 Officer Quarters Remodeling Project I am requesting approval for South Florida Construction Services, Inc. to be awarded the contract for remodeling Fire Station #3 Lieutenants office, bunkroom, and bathroom at a cost of $24,920. This was our lowest bid out of eleven contractors, and one of two contractors that submitted a formal bid. I have attached a signed contract, and an itemized cost bid sheet for all work to be completed during the remodeling project. Funding is available through the Administrative Division budget 001-2311-522-62-10. Sincerely, Kerry B. Koen Fire Chief FIRE-RESCUE DEPARTMENT HEADQUARTERS 501 WEST ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 (56 I) 243-7400 (56 I) 243-746 I Service Performance Integrity Responsibility Innovation TeamwQork U • ~-• CITY OF DELRAY BEACH FIRE STATION # 3 RENOVATION BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2007-20 APPLICANT: Fire Station #3 PROJECT ADDRESS: 651 W. Linton Blvd DATE OF LETTERS: 02/12/07 DATE OF OPENING: 02/27/07 GENERAL OONTRACTORS BID/QUOTE AMOUNT Abisset Corporation CoMoba Construction Co., Inc. Hatcher Construction & Development, Inc. Haywood Construction JMosca Builders, LLC. Joines Construction and Developrr~nt, LLC. M 8~ A Builders, LLC Randolph & Dewdney Ray Graeve & Sons Construction, LLC $26,550.00 South Florida Construction Services, Inc. $24,920.00 Sun Band Builders Construction, Inc. In-House Estimate $27,493.32 CONTRACTOR AWARDED CONTRACT: QUOTE/CONTRACTAMOUNT: FUNDING SOURCE: Account # COMMENTS: South Florida Construction Inc. $24,920.00 001-2311-522-62.10 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SOUTH FLORIDA CONSTRUCTION SERVICES FOR RENOVATION OF FIRE STATION #3 THIS AGREEMENT is made this a ~ day of M~t(Ze 2007, by and between SOUTH FLORIDA CONSTRUCTION SERVICES (hereinafter called the "Contractor"), and the CITY OF DELRAY BEACH, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the City owns certain property located at 651 W. Linton Boulevard, Delray Beach, FL 33444 (the "Property'); and WHEREAS, the City will pay Contractor Twenty-Four Thousand Nine Hundred Twenty Dollars ($24,920.00) to renovate Property; and WHEREAS, the City shall oversee the construction. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenances thereto and perform and complete all work in accordance with this Agreement. ARTICLE 2. Work to be Performed. Contractor shall renovate Property located at 651 W. Linton Boulevard, Delray Beach, FL 33444 and shall provide interior repairs and construction as well as new windows in accordance with the bid specification documents attached hereto and made a part hereof as referenced in Article 5. ARTICLE 3. Contract Price and Method of Payment. The City shall pay Contractor the total sum of Twenty-Four Thousand Nine Hundred Twenty Dollars ($24,920.00) in increments as follows: Upon execution of the contract, the City shall pay Contractor Eight Thousand Three Hundred Six Dollars ($8,306.00). Upon completion of fifty percent (50%) work, a second payment of Eight Thousand Three Hundred Six Dollars ($8,306.00) shall be made to Contractor within thirty (30) days of receipt of invoice for same. Final payment of the remaining Eight Thousand Three Hundred Eight Dollars ($8,308.00) shall be made within thirty (30) days after all renovations have been completed and: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The Contractor agrees to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's negligent acts, errors or admission during performance under this agreement). 2 3. The Contractor agrees to comply with all Federal, State and Local laws, including, but not limited to, Federal Labor Standards as outlined in HLTD 4010 and rates and fringes set forth in Wage Decision, FL46. 4. The City shall conduct a final inspection and approve and accept all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. In the event that the performance by the Contractor is unsatisfactory or unacceptable for any reason, the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4. Guarantee. The Contractor guarantees that all work performed is free from defects for a period of one (1) year from the date of final acceptance of all work required by this contract. If any defects appear during the warranty year, the Contractor agrees to correct them expeditiously. ARTICLE 5. The Contract. The executed contract documents shall consist of the following: a. This Agreement, b. Instructions to Bidder, c. Signed Copy of Bid, d. Technical Specifications, and e. Work Write-up Drawings. 3 ARTICLE 6. Term. Contractor shall commence renovation on Property within ninety (90) days of the date of execution of this Agreement and shall complete construction no later than August 1, 2007. ARTICLE 7. Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 8. Statement of Non-Discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. ARTICLE 9. Notice. Any notice required to be given hereunder shall be given by personal delivery, by registered mail, or by registered expedited service at the addressees as specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery. As to City: City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 As to Contractor: Maurice Wasserstrom, President South Florida Construction Services 16264 Green Apple Way Delray Beach, FL 33484 4 ARTICLE 10. Venue. This Agreement shall be governed by the laws of the State of Florida and any legal action necessary to enforce this Agreement shall be held in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this Article 5, which said other documents are as fully a part of the contract as if hereto attached or herein repeated, forms the contract between the parties hereto. In the event that any provisions in any component part conflict with this agreement, the provision of the component part first enumerated in this Article 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in three (3) original copies on the day and year first above written. ATTEST: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) SOUTH FLORIDA C STRUCTION SERVICES By: cif ~~ Print ~ ..'. ~~' // w * • •-(.~EA~) •~ ~OD27 ° • ,~ ~g 8688 ,~.~ 'p ' .~noe !I~". ~O ~~~ l l l/ l l 1 I l i 111 1~~~~ ~~ The~Q~egoing instrume t was ac owledged before me this o2 ~ ~ay of ~~'~ ~' ` 2007, by _/ ~' J C4.U.:~.(~ ~G~SS-ZZ ~'~'s (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced l-t_Dl.#~' ~J1~ ~~ `55 ~ '~7 ' ~s (type of identification) as ide fication. ~, y ~` ~~~ Notary Public -State of Flo 'da 5 ATTEST: City Clerk Approved as to Form: City Attorney STATE OF FLORIDA CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor (SEAL) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2007, by Rita Ellis as Mayor of the City of Delray Beach, a Florida municipal corporation on behalf of the corporation. She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 6 CITE OF DELRA~ REACH DELRAY BEACH ~~ ~.>i,~., .. :`>~ li., - .,F~.t`~Y~.,,~.-+..rL'~~JCr~2 :., n ._i~2v"~~`} All-America City 1 I 1993 2001 January 18, 2007 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Delray Beach, Community Development Division, as agent, up to and opened on Monday February 12, 2007 at 3:00 P.M. at the Community Development Office, 100 Northwest 1st Avenue (in the North Wing), Delray Beach, Florida 33444, for the rehabilitation and repair of the following property: Bid No. 2007-20 Fire Station #3 Steve Lee 573-1507 651 W. Linton Blvd. Delray Beach, FL 33444 Plans and specifications may be obtained by bona fide bidders, upon applications at the above office. A 5% bid bond or cashier's check or company check must accompany each Bid Proposal along with completed Cost Estimate Summary Sheet and the Non-collusion Affidavit of Prime Bidder. A 5% bid bond is not required for above quotations. A STATEMENT OF NO BID is required if you are not interested in submitting a quotation for the Invitation to Bid, and wish to remain on the City of Delray Beach bid list, you MUST return the ls` page of your bid packet titled"TO ALL BIDDERS" by the bid opening date referenced above. A list of valid reasons is provided from which you may choose for not participating. PLEASE INDICATE THE FOLLOWING INFORMATION ON OUTSIDE OF SEALED ENVELOPE WHEN SUBMITTING YOUR PROPOSAL: 1. Your Company Name 2. Bid Number 3. Opening Date 4. Home Owner's Name r r7 Elizabeth) .Alpert ~/ Community Development Administrator •~. , , , CITE OF DELRA4~ OEAC DELRAY BEACH _ ,_ All-America City 1993 2001 January 18, 2007 INVITATION TO BID The City of Delray Beach, Community Development Division has plans and specifications ready for the rehabilitation and repair of the following structure(s): Bid No. 2007-20 Fire Station #3 Steve Lee 573-1507 651 W. Linton Blvd. Delray Beach, FL 33444 You may pick up your bid packet which contains the Bid Proposal and Work Write-Up with necessary bid documents attached for the above projects at the Community Development Division office located at 100 Northwest 1st Avenue, Delray Beach, Florida. Bids on the above are due on: February 12, 2007. Elizabeth .Alpert Community Development Administrator imunity Development Divis ' n .r0 NW 1st Avenue, Delray Beach, FL 33444 'hone: 561-243-7280 Fax: 561-243-7221 ~dbg@mydelraybeach.com Bid Proposal Case Number: 06-132 Work Write-up BID TOTAL $: ~ ~~ ._._, , Property Information: ~r BID OPENING DATE 2/27/07 651 Linton Blvd Delray Beach FL 33444-2612 CONTRACTOR INFORMATION Name: ,~~_~~- ~(dr;~~. ~S~c,c~c~,u-~. ~P~'~J~r-~ Address: ~ ~ ~ ~ City of Delray Beach Fire Station #3 .651 Linton Blvd Delray Beach FL 33444-2612 ~ ~ ~ ~ ~~, ~ ~~ Voice: ,Phone: (561)243-7280 Fax: ~ ~ ~ l"~ ~l.~o OZ~ Mobile: (561)573-1507 i 1___ email: ~U~ T ~ ~' , ~ 1~r(s~ ~d~.~ rt.~~ Contractor Signature: Date: ~, ~ ~ '~ By the above signature bidder hereby declares that he/she has carefully, and to there full satisfaction examined thi attached instructions to Bidders, General Conditions, General Specifications, Detailed Specifications, and form of Contract and Bond, together with the accompanying work write-ups; and that the Bidder has made a full examination of the existing conditions at the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to prosecution and completion of the work, and that he/she will fully complete all necessary work and the requirements of the Community Development Division together with the City of Delray Beach within the time limit specified in this proposal for the above sum. Within the following time frame: We will start the job within ~J _ days of notice to proceed and complete within ~~ calendar days thereafter. The bidder understands that the right is reserved by the property owner and the City of Delray Beach, Community Development Division to reject any and all bids. Contractor Bid Case. 06-132 Exterior Side Walls 0060030001 4 NO 0 ~ .:3 ~'~~ Install Hurricane Imuact Windows Install new corresponding size single hung hurricane impact windows in place of all existing windows. Bunk room to have (1) egress sized window and bathroom to have obscured glass. All windows must meet all wind load requirments and have proper certification. Total for: Exterior $ ~ (J'~j Interior General 2 0060010009 1250 S. F. 0 ~ ~ ~~ ~ Fiberctlass Insulation Wall - (R111 Batt Install the batts insulation in open wall cavities. Insulation shall be installed with the vapor barrier facing the conditioned area; insulation shall completely fill area between joints or studs and shall be secured with the appropriate mechanical fasteners. Material shall meet ASTM C665-86 or subsequently amended. 3 0010020001 95 LF 0 ~ _~ Install Base Trim Insta114" carpet strips over 4" base trim; On all walls, finish to Fire Department's preference. 4 0130050012 1 NO 0 Install Medicine Cabinet Remove old cabinet and replace with new unit with mirror. Cabinet shall be recessed with overall size 16" x 22". 5 0090010001 1000 SF p ~ ~ ~ ~ Install New. Drywall Provide and install 1/2" gypsum board on all walls. Attach on bearing walls with furring strips. Finish with three coat process. Tape all joints and use outside corner bead on all corners. Apply knock down on all walls and prepare to receive paint. 6 0010090005 3 NO 0 ~_ `"~ 4 ~ Install Prehung Interior Door Remove existing door, casing, trim. Provide and install factory hung 1-3/8" hollow core door complete with privacy lock set, trim both sides in bathroom. Then remove office and living quarters doors, provide and install solid core factory hung doors complete. Make all necessary wall repairs and fmish to Fire Department's preference. 7 0010010016 14 LF 0 Install Stud Wall Build stud wall from floor to ceiling with construction grade 2"x 4" 16" OC using top and bottom plates to enclose lockers. Standard 3 stud corners shall be used and all openings shall be headed with framing material on edge. Cover both sides with 1/2" drywall and finish with 3 coat process. 8 0010030005 14 LF 0 ~ ~" ~ U D Install Wall Cabinets Provide and insta113 double locking 3/4" wood wall cabinets and secure storage area with remaining space per drawings. 9 450 Sq Ft 0 Interior Demolition Demo down to bare walls and floors in the office, bunk and bath room and prepare to receive insulation on all load bearing walls. Remove all drop down ceiling in these rooms as well. Contractor Bid Case,. 06-132 10 0100010018 450 SF 0 $ ~ Z.~ Prepare Walls and Paint Room Complete Prepare and patch walls, ceiling, windows, doors and all trim for painting. Bathroom wall including woodwork: Apply one (1) coat Sherwin-Williams latex primer sealer or equal. Finish with two (2) coats Sherwin-Williams latex semi- gloss or equal. All other walls, ceiling and woodwork: Apply one (1) coat Sherwin-Williams latex primer sealer or equal. Finish with two (2) coats Sherwin-Williams High Hide interior flat paint or equal. Completed walls to be smooth and free of defects. Remove any wallpaper and patch all holes, nicks, etc. Color to be selected by the Fire Department. Inspections between applications required. 11 0090040003 372 SF 0 $ l d` Replace Acoustic Celing Complete Remove all acoustic file and replace with new standard acoustic panels set in grids, include all connecting and all attachments necessary to complete new ceiling. 12 0030010008 363 SF 0 $ i t cl-~ Replace Carpet Remove and properly dispose of existing carpeting; prepare surface and install new carpet with backing and cushioning as per manufacturer's recommendation. Include needed chrome threshold strips. Type and Style of carpet to be selected by the Fire Department. 13 0030010015 80 SF 0 $ ~(' u9 Replace Ceramic Shower Tile Provide and install standard brand 4" x 4" ceramic file set in light colored mastic and grouted; include bullnose. For wall and surrounding shower to a height of seven (7) feet. Include new fixture set. Style and color to be chosen by Fire Department. 14 0030010015 36 SF 0 $ 2 ~s Replace Ceramic Tile F Remove and dispose of all existing ceramic file and clean surface smooth and froe- f remnant mastic and replace with new flooring file set in new mastic and grouted. Include 6" x 6" cove base trim.Style and color to be chosen by the Fire Department. Plumbing 15 0130020014 1 NO 0 $ 2~ Check Waste Lines Check all waste lines, building drain lines and sewer lines for stoppage or clean out as necessary. Inspect all shower pans, sinks, lavatories, water closets for leaks and fix as necessary. 16 0130040007 1 NO 0 $ ~{ Install Vanity w/Sink Install new wood vanity w/sink that has back splash molded to top, to code complete. Include trap, faucets, shut off valve, pop-up drain, caulk, etc. Style and color to be chosen by Fire Department. 17 0130040023 1 NO 0 $ ~ 3 Install Water Closet Remove existing water closet and replace with new water closet " Marera Model# 2234" then replace sloan valve with new "Model# 186", and install new seat. 18 0130040020 1 NO 0 $ ~ `~~ Replace Shower Pan and Valve Remove and install new shower pan. Include new single lever faucet valve, shower head, plus all necessary plumbing and fittings. Contractor Bid CasE. 06-132 3 Electrical 19 0110040004 1 NO 0 $ ! `~! r Install Exhaust Fan ~. ~,~• Install ceiling mounted exhaust fan in the bathroom, Nutone or aproved equal. Duct fan to exterior. Fan shall move 80 cfm. 20 0110040008 4 NO 0 $ Z~f~3 Install Interior Light Fixture Install new florescent interior light fixture's in bathroom, bunk room and office. Use two bulb fixtures. 21 0110010002 1 NO 0 $ ~' Repair Electrical Service Inspect entire electrical system. Replace all existing duplex receptacles, switches and cover plates. Install in bathroom. Relocate exposed wiring into walls. Total for: Interior $ ~ ~ S ~~. Up Job Total Cost: $ .~ ~ 9 ~ Q ~ ~ ,Ll ~ ~ ~.~,~z tab Dee P Lieutienant Sfvr~ge Lvclters. Laiynu# "All lvlesurements are ir-te_rior demensions" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida} County of Palm Beach} ss. ~ ~}(~}? t C~ ~,,I,~-Cs ~2,~t r2..~~ being first duly sworn, deposes and says that: (1) He is ~ P es + d~~-- ~ of ~ l~~ur~t~, (~,.,~-F/'~~~, ~~yt~ the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham -Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Delray Beach or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair an~ proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, o ers, employees, or parties in interest, including this affiant. (Signed) ~- ~c (Title) STATE OF FLORIDA COUNTY OF PALM BEACH " ~ ~,~,~ _~~ The foregoing instrument was acknowledged before me, ~ J(.(~ NOTARY this ~ ~~~ daY, of ~~~C 20~ by ~~~7C~ ~~QJ ~.'~~i~~~+~o personally/appeared (known) me or who has produced , # -- as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped (Notary) ~' Ferline F. Mesidort Commission # DD552980 ~ ~ Er'es May 16, 2010 ror u~.a,o,, w~ aw•xs~e NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida} County of Palm Beach} ss. f~Vl 19'i1i? c ~ i,.l ~-`'~s C-2~ t"~-yy~ being first duly sworn, deposes and says that: (1) He is ~ P es ~ dam- ~ of ~ ~~~~~~, ~~~<~'l'~c:~c~. ~a~~t~,.u the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contra` ~-'~~~ ~-- ~~-• --~~~-~°~ directly or indirectly sought b a eement or collusion or commu ' Y ~ m~~ any other Bidder firm or person to fix the price or prices in the atta? :; K n "~ ° mt o , ._ Bidder, or to fix any overhead, profit or cost element of the Bid pric o ~ ~~ ~ N o ° ~ nQ ~~ ;; other Bidder, or to secure through any collusion, conspiracy, connivan o w ° ~. "' o rn m ~ ti any advantage against the City of Delray Beach or any person in ~ o ~ ~ ~s' z D o ms Contract; and o O f ~? ~` ~ ~'-° o ~ ~ ~ r~ ~~ ~ 5 The nce or ricer uoted in the attached Bid are fair an~ ro er ~ w =~ ``. Z O P' P q P p a A ~ a ~' . collusion, conspiracy, connivance or unlawful agreement on the part c ~ '.' Z `-_y ~A , agents, representatives, o err, employees, or parties in interest, incluc ~ ~ ~ ~"~ / ~ < w ' w: -~ ~ (Signed) ~-- s Q' -=~ z° (Title) ~` ~~ ~, ~ ° ;..' ~ V S O STATE OF FLORIDA C 4 r'= A Y~ OUNTY OF PALM BEACH r o The foregoing instrument was acknowledged before me, ` ~_ ~ ~ ;. ~_ NO' this ~ I~~day, of ~~~~~ 20~ by ~Y'Y U, o personally/appeared (known) me or who has produced ~. # - as identification and who did (did not) take an oat '~' ~~ ~~~~ Signature of Person Taking Acknowledgr ~~~-i r~-c ~. ~~er m Name Typed, Printed or Stamped (Notary m N7 V b ~i ~` ~~ ~ t~ ~~ ~ 0 }, - ~ '. m t..~ ~,, ~. ~ . _~ ~~ ~5 ~ ~,. ~ ~., CERTIFICATION OF NON-SEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in the certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis or race, color, religion, or national origin, because of habit, local custom, or otherwise. The bidder agrees that (excepts where he has obtained identical certification from proposed sub- contractors for specific time periods) he will obtain identical certifications from proposed sub- contractors prior to the award of sub-contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. DATE: .~, off. ( 20 ~ ? Official Address: r _ t '~~ wrk~.a. ~y~"I.v~d BY: t~tc~.c, `~ r ~ (Title) ~~ ~~.~ (zip code) 3 ~ DRi3G FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have adrug-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 or contractual services, a bid received from a business that certifies that it has implemented adrug- 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 adrug-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 published 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 danger of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that maybe imposed upon employees for drug abuse violations. 3. Phis 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 work on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders 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 finm 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 adrug-free workplace through implementation of this section. ~~ ~ ~~~r~~~ m ~~~~~ NDOR'S SIGNATURE FII2M NAME PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction 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." `~i ~t~J`~L.~.'w+-\ T7 uc,1"l~.t~'•~FV'ice8 Nam\ eA o~f Construction Company Signature and Title k } STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, ~ ~~ this O~~~ay, of ~ , 2tlV~ nn I y YY~C:~ ~V oho personally/appeared (known) to me or who has produced -- # as identific on and who did (did not) take an oath. ~~~~ 1J0~''"'~ Ferline F. Mesidort Signature of Person Taking Acknowledgment Commission # DD552980 Expires May 16, 2010 `~~ ~..-t,_I Yl~ ~L /'y? ~ 1~~~ SDDEOF FLORIDA DanE~d Trq FyYr- Inwrana, Inc. E063B5-)019 Name Typed, Printed or-Stamped (Notary) SEAL Date: March 27, 2007 • • ~. Request to be placed on: X Consent Agenda When: Apri13, 2007 AGENDA ITEM NUMBER: l1 AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Apt~roval to contract with South Florida Construction Services, Inc. for remodeling of Fire Station #3 Officer Quarters Remodeling Project in the amount of~?s~_ .'00 from account -- ~ - Recommendation: A_nbrove recommended contractor. Department Head Signature: ~ ~"~ City Attorney Review/Recornrnendation (if applicable): Budget Director Review (required on all items i~ncv-olving expenditure of funds): Funding Available: Y e ~ Initials: (~-~- Account Nurr~~~~ ~ ~ ~~~~ ~~~ ~~ ~. Description • ~~r"-' ~ l s e Account BalancC: ~~ ~. ~~ a~' - " ~ ~~~`~~~`~` Funding Alternatives: (if applicable) City Manager Review: / ~j' Approved for Agenda: l JYe~ No Initials: Hold Until: ~ Agenda Coordinator Review: n ~~ Received: MEMORANDUM TO: David T. Harden, City Manager THRU: Richard C. Hasko, Environmenta Services Director FROM: Bob Diaz, Construction Manager SUBJECT: AGENDA ITEM -CITY COMMISSION MEETING OF APRIL 3, 2007 CONTRACT AWARD/SPORTS TURF ONE, INC. DATE: March 26, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Award to Sports Turf One, Inc. in the net amount of $37,610.33 for the renovation of the south athletic field of the former Atlantic High School football field. SCOPE OF WORK Removal and proper disposal of the existing turf, laser grading, pre-plant fertilization with pre- emergence herbicide and installation of rolled certified tifway bermuda sports turf. Total fee amount based on a continuing City of Delray Beach contract with Sports Turf One, Inc., for athletic field maintenance services including this future soccer complex site. Sports Turf, Inc is currently the only turf contractor in compliance with mandatory background checks required by the PBC School Board (Jessica Lundsford Act). Contractor proposal (Schedule "A") and location map attached for reference. RECOMMENDATION Staff recommends approval of Contract Award to Sports Turf One, Inc. in the net amount of $37,610.33 and funding is proposed from account #380-4150-572-63.49 cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Carolanne Kucmerowski, CMT Chevelle Nubin, City Clerks Office Agenda File 04/03/07 File 2004-051 (E) S:\EngAdmm\Projeas\2004\2004-051\OFFICIALWgd Mem Sports Turf 04.03.07.doc /J~ . 03/14/2007 09:36 5613757808 HAVERLAI~tD PAGE 02 ~~~ SPORTS TTJR~' ONE INC. 9819 STATE ROAD 7 BOYNTON BEACH, FL 33437 i Name /Address. 1 City of Delray Beach Parks 8t Recreation 50 N W t S'I' Ave Delray 73cach, Fl. 33444 Date Estimate # 3/1Zl2007 2009-162 Terms Rep Contact Phone Fsx Not 30 DH To;m Kwiatek 243-7255 243-7268 Description Qty Cost Total JOTS: OLD ATLANTIC HJGid SCHOOL ATHLETIC F[ELU CONSTRIICTJON SERVICES. INCLtJDT~D 0,00 O.DO ARE TI-IE. FOLLOWING F;XCLUSNE SERVICES: M0131LI7ATTON OF LABOR & EQUIPMfiN'T iS INCLUDED. l 350.00 350.()p PRrc~ PT?R F.pcl-r. SOD CLJT & REMOVE rXlSTTNG TURF. LOAU & FTALTT. TO 75,600 Q.05063 3 827.63 THE CEMETERY, PRICE PER SQ FOOT'. , GRADTNCi: R,OTOVATE, LASER clRADTNG Wt7'H " 75,600 0.06075 4 592.70 TRACI ORS ASSTSTF,D WITH AUTO LEVEi.ThiC* EQUIPMl~;N'T. , INCLUbCS Sr;•.T tIt', SUPERVlS10N, LABOR. & EQUIPMENT. f'RiGB Pr:R SQUARE .FOOT. PRFr PLANT FER'TfI,T7gTIpN 1 G-25-1 z carry RONSTAR 1.5 460.00 640 00 PRE-EMEI2QFNCE HERBICIUI TO T„i-vITT WEED . GERMINATION. PRICE I'ER ACRE. CFRTIFIlrb "T7T'W AY BERMUbA SOIL iNSTALLID TN ATG " 75,600 0.35 26 460 00 ROLLS (42 wmE 13Y 75' LONG). Ror,.T, SOD WtTi-1 A 3 TON . ' SOD ROLLER. PRICE PER SQ FOOT. PRICING GOOD FOR 30 DAYS. PLt'ASE SIGN 8c DATF PROPOSAL. R1,T[IRN FOR SCHEDULING. Tvt~ ~ SIGNING Ti-I15 PROPOSAL ACKNOWLEDGES ACCT:PTANCE UP PRICE, TIiRMS & CONnTTTONS. BATE page ~ Signature Phone # S6I-369-7994 Fax # S6 t-364-11 I8 03/14/2007 09:36 5613757808 'SPORTS TURD ONE INC. 9819 STATE ROAD 7 BOYNTON BEACH, PL 33437 Hams !Address City of Dclr~y Beach Parks & Rccrcation 50 NW t ST Avc Dclray Beach, FI. 33444 Terms F~ep Corrfact Phone Fax Nct 30 DH Tom Kwiutek 243-7ZSS 243-7268 description Qty C4St Total f?STABL,ISHMENT OF N1W1.Y PT ANTED SOD INCLUDrD: t 1,690,00 1,690.00 RrGtiLARMOWING, FF.RTLLi7.ATION MOrlTt~lLV, SOD REPAIRS, ROLL1NC, ~ IRRIGATION CLUCx Sr•.T LIP'. WEED & INSECT PEST C:ONTROT S. PRICE PER MONTH. THE RF,J'AiRS dt ADJtJSTMIsNTS TO "I'f~ EXiSTTNG iRRTGATION SYSTEM ARE TO BE PERFORMF,D L3Y OTHERS. NO PLANS, PERMITS, TESTING, nRAiNAGE, SUlzvrY, 0.00 0.00 IRItiGATtON, CONDITIONERS, SOiL AMMENbMi;N't'S,EILL DIRT, SAND TOP DRESSING, 4R DUMP FirES. NOT RE'SI'ONSIBLE FOR I7NMARICED Ut7LITiES- PLEASE NOTE 7'1-1AT SPORTS TURF ONfi, INC. IS APPROVED BY Tt-iI SCHOOL BOARD, I;ADGED, & IN COMPLIANCE WITH JESSICA Lt.JNT)SFORD ACT. PRICING GOOD FOR. 30 DAYS. PLEASE SIGN & HATE IyROPOSAL. R1:TURN FOR SCHEDULING. ~Q~! S37,G t 0.33 SIGNING Tt-LtS PROPOSAL. ACKNOW LF..DGES ACC"_EPT.ANCE OF PRICE, Signature '1-G.RMS & COND[TIONS. DATE Page 2 // ,'_6 PAGE 03 ~hE~G ~~~ J f HAVERLAND ~~~~ ~ ~~~ Date Estimate # 3n2t2oa~ zoos-lGz Phone ~ S61-369-7944 Fax # SG1-364-1118 Agenda Item No.:~• AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Special Agenda Workshop Agenda DATE: March 26, 2007 WHEN: April 3, 2007 Commission Meeting Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Award to Sports Turf One, Inc. in the net amount of $37,610.33 for the renovation of the south athletic field of the former Atlantic High School football field Total fee amount based on a continuing City of Delray Beach contract with Sports Turf One, Inc., for athletic field maintenance services throughout the City. Contractor proposal (Schedule "A") and location map attached for reference. ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Contract Award to Sports Turf One, Inc. in the net amount of $37,610.33 and funding is proposed from account #380-4150-572-63.49 Department Signature:_ ~ . 2~ - ~'} Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YE Funding alternatives N/A (if applicable) Account No. & Description: 3~o-~~sv -s~z, ~.~-~~ 5a~re~- rd~~~ `~3Q,1~ ~.c ~ S~ ~ a s L City Manager Review: Approved for agenda:/NO ~~/~ Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:\EegAdmin\Projects\2004\2004-OS]\OFFICIALWgd Memo Req Sports Turf 04.02.07.doc ~K~ ~~ i MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager THROUGH: Joseph Safford, Finance Director DATE: March 29, 2007 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING APRIL 03, 2007 -PURCHASE OF TWO (2) TORO GROUNDSMASTER HEAVY DUTY ZERO TURN MOWERS FROM WESTCO TURF SUPPLY VIA FLORIDA STATE CONTRACT Item Before Commission: City Commission is requested to approve award to Wesco Turf Supply for the purchase of two (2) Model #30361 Toro Groundsmaster 7200 Heavy Duty Zero Turn Mowers with 72" Recycler Deck via the Florida State Contract #515-630-06-1 at $15,698.09 each for a total purchase amount of $31,396.18. Background: The City Garage is requesting replacement of these two mowers for the Parks Maintenance Division. This Toro Groundsmaster Mower Model is available from Wesco Turf Supply via the Florida State Contract #515-630-06-1 for $15,698.09. This total reflects the Florida State Discount of 21% ($4,172.91 for each mower). The purchase order is to be issued to Wesco Turf Supply with shipment and service to be provided by Hector Turf who is the local vendor in South Florida area and has agreed to extend to the Florida State Contract pricing to the City of Delray Beach as shown on the attached memo and quotation dated January 02, 2007. A copy of the pricing schedule from the Florida State Contract #515-630-Ob-1 showing the awarded contractors with the percent discount and instructions for ordering from the local authorised servicing dealer is attached. 13ecommendation: Staff recommends approval for award to Wesco Turf Supply Inc. for the purchase of two (2) Model #30361, Toro Groundsmaster 7200 Heavy Duty Zero Turn Mowers 3280-D with 72" Recycler Deck via the Florida State Contract #515-630-06-1 at $15,698.09 each for a total purchase amount of $31,39b.18 for the two (2) mowers after the 21% discount from the Florida State Contract. The purchase order is to be issued to Wesco Turf Supply Inc. with shipment and service from the local vendor, Hector Turf. Funding from account code 501-3312-591-64.20. Attachments: Vehicle/Department Breakdown g ~.6 MEMORANDUM TO: PAME' WILLIAMS CC: JACKIE ROONEY FROM: KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT SUBJECT: NEW VEHICLE PURCHASES DATE: MARCH 29, 2007 Pame' Mr. Harden has given me approval to proceed with the purchase of two (2) additional vehicles on my replacement list. Pricing is from the 2006 Florida State Contract # 515-630-06-1; funds are available in account #501-3312-5914.20. Please prepare requisitions for the purchase of the following vehicles: Florida State Contract #515-630-06-1 Replacements for Vehicles #4 and 9 Vendor Information Wesco Turf Supply /Vendor #10842 Two (2) Toro Groundsmaster 7200 HD Zero Turn Mowers $15,698 each/ Total $31,396 Equipment 28 HP Kubota Diesel Engine Direct PTO Drive 72" Recycler Deck 2007-01.2214:56 P 5/6 f:N)i N W II II-tf) sl'Ilf:f• 1 / f 1Et Hi•1!•LL) UEA(:I L FL 33447 1 L•Lc p1!,4) 410•:31ut1 • I•Ax• ~llb4) :iQU•1f157 Quot»ition Provided for City of Deirny IBeacl~ JanuAry 2, 2007 Model # escr ton Unit Price 1 ea 30361 Toro Groundsmaster 720U Heavy $19,871.00 Duty Zero Turn Mower with: - 28 HP Kubota Diesel iingine - Direct P.T.Q, Drivo - 72"Refycler Dec](: - 2 Year Limitefl Warrant Florida State Contract Discount 4172.91 Total $l5 698.09 Pricing per Florida State Contract # X15-630-06-1 Effective 5/17/Ob - S/16/09 Toro Protection Plus 1 ea C329 3b Month or 1800 Hrs Corn rehensive Ptan 614.00 1 ea C439 48 Month or 2400 Hrs Com rehensive Plan 820.00 Note: - Issue purchase order to Wesco Turf Supply, Yne. A Slri ment and service via hector Turf Provided by: Chris Fordney 954-429-3200 ?> 5612437166 Lawn Equipment /State Term Contracts /State Contracts, Agreements and Price Lists / V... Page 1 of 3 Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this page. Rate this Contract View Survey Results Contract Name: Lawn Equipment Contract Number: 515-630-06-1 Effective Dates: 05/17/2006 through 05/16/2009 When issuing a purchase order use commodity class: 515 Price Sheets Ariens Company (Gravely) Excel Industries, Inc., dba as Hustler Turf Equipment, Inc. (Hustler Turf) Florida Outdoor Equipment (Scag, ECHO, Billy Goat) Gulf Coast Tractor & Equipment (Kubota Except for Kubota F Series) John Deere Company - A Division of Deere & Company (John Deere) Kilpatrick Turf Jacobsen Golf & Turf Products) Kilpatrick Leasing Price (Jacobsen Golf & Turf Products) Live Oak Lawn Supply Inc. (Grasshopper) Magic Circle Corporation, (Dixie Chopper) MTD Consumer Group - (Cub Cadet) Sarlo Power Mowers, Inc. ~Sarlo~ Stahl Southeast, Inc (Stihl~ Tr~le D Equipment Inc. (Kubota F Series) Vermeer Southeast Sales & Service, Inc. (Vermeer) Wesco Turf Supply, Inc. Toro) Contractors Ariens Company-Grave Excel Industries, Inc., dba as Hustler Turf Equipment, Inc. Florida Outdoor Equipment Gulf Coast Tractor & Equipment (A) John Deere Company - A Division of Deere & Company Kilpatrick Turf Live Oak Lawn Supply Inc. Magic Circle Corporation, Dixie Chopper MTD Consumer Group -Cub Cadet http://dms.myflorida.com/business operations/state~urchasing/vendor information/state ... 2/14/2007 AGENDA ITEM NUMBER: U ~ • ~G AGENDA RE~UF3T Request to be placed on: April 03, 2007 Date: March 28, 2007 ~0„_ Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approval of award to Wesco Turt Supply Inc. for the purchase of two (2) Model #30361Toro Groundsmaster 7200 Heavy Duty Zero Tum Mower with 72" Recycier Deck via the Florida State Contract #515-630-06-1 for~w Parks Maintenance Division for a total of $15,898.09 each and total purchase amount of $31,396.18 forthe two (2) mowers. Total price includes a 21% discount from the Florida State Contract. The purchase order to be issued to Wesco Turf Supply Inc. with shipment and service to be supplied by Hector Turf who is the local vendor in South Florida Area and has agreed to extend the Florida State Contracting pricing to the City of Delray Beach. ORDINANCElRESOLUTION REQUIRED: Draft Attached: Recommendation: YES NO YES NO Approve award to Wesco Turf Supply Inc. for the purchase of two (2) Toro Groundsmaster 7200 Heavy Duty Zero Tum Mowers with 72" Recycler Deck via the Florida State Contract #515-630- 06-1 for the total of $31,396.18. Purchase order to be issued to Wesco Turf Supply Inc. and shipment and service to be provided from local vendor Hector Turt. Funding from acxount code 501-3312-591-64.20 Departmerrt Head Signature: -~ • ,~-~~~, Determination of Consistency with Comprehensive Pian: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on ail items involving expenditure of funds): Funding available: Funding alternatives: Account Number. (if applicable) Aocount Description: Account Balance: ~ 3) o~ g-c~ a , -~~ Yes / S-s No City Manager Review: Approved for agenda: '"Yes No MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager THROUGH: Joseph Safford, Finance Director DATE: March 16, 2007 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING APRIL 03, 2007 -PURCHASE AWARD VEHICLES FOR FLEET VIA THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT hem Before Commission: City Commission is requested to approve award to Duval Ford for the purchase of four (4) pick up trucks via the Florida SherifF s Association Contract #06-14-0821 for the total amount of $107,029. Background: The City Garage is requesting replacement of four (4) vehicles as listed below with breakdown for each department: (1) Ford F-250 SD 4x2 Pickup Truck for Police Department @ $22,852 (1) Ford F-250 SD 4x2 Pickup Truck for Parks and Recreation @ $26,287 (1) Ford F-250 SD 4x4 Pickup Truck for Police Department @ $26,021 (1) Ford F-250 SD 4x4 Pickup Truck for Environmental Services @ $31.869 Attached is a complete breakdown of unit pricing per vehicle and additional options chosen for each vehicle and department from the Florida Sheriffs Association pricing sheets. recommendation: Staff recommends award for the purchase of four (4) vehicles from Duval Ford for total cost of $107,029. Funding from account code 501-3312-591-64.20. Attachments: Vehicle/Department Breakdown g.~ 7 MEMORANDUM To: FAME' WILLIAMS CC: JACKIE RC-ONEY FROM: KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT SUBJECT: NEW VEHICLE PURCHASES DATE: MARCH 27, 2007 Mr. Harden has given me approval to proceed with the purchase of four (4) additional vehicles on my replacement list. Pricing is from the 2006 Florida Sheriffs Contract # 06-14-0821; funds are available in account #501-3312-591-64.20. Please prepare requisitions for the purchase of the following vehicles: Florida Sheriff's Contract #06-14-0821; Specification #35 Replacement for Vehicle #1001 -Police Department Duval Ford One (1) Ford F-250 SD 4X2 Pickup Truck $15,122.00 White Exterior/Blue Interior Options Code X4N 4.10 Axle Ratio L/Slip Differential 350.00 Code 903 Power Windows/Door Locks 530.00 Code DFM Floor Mats 80.00 Code 3K Third Key 89.00 Code W20 Crew Cab 3,997.00 Code 531-86T-HD Trailer Towing Pkg. 489.00 Code E5/100 Extra Care Extended Warranty. 2,195.00 Total $22,852.00 Florida Sheriff's Contract #06-14-0821; Specification #35 Replacement for Vehicle #774 -Parks Maintenance Duval Ford One (1) Ford F-250 SD 4X2 Pickup Truck $15,122.00 White Exterior/Blue Interior Options Code 3K Third Key 89.00 Code W20 Crew Cab 3,997.00 Code 531-86T-HD Trailer Towing Pkg. 489.00 Code SSB Standard Service Body 4,300.00 Code DBA Backup Alarm 95.00 Code E5/100 Extra Care Extended Warranty 2,195.00 Total $26,287.00 Florida Sheriff's Contract #06-14-0821; Specification #36 Replacements for Vehicle #1010 -Police Department Duval Ford One (1) Ford F-250 SD 4X4 Pickup Truck $17,951.00 White Exterior/Blue Interior Options Code X4N 4.10 Axle Ratio L/Stip Differential N/C Code MBS Bucket Seats 360.00 Code 903 Power Windows/Door Locks 530.00 Code DFM Floor Mats 80.00 Code 3K Third Key 89.00 Code W20 Crew Cab 3,997.00 Code 531-86T-HDW Trailer Tow Package 489.00 Code B5/100 Extra Care Extended Warranty 2,525.00 Total $26,021.00 Florida Sheriff's Contract #06-14-0821; Specification #36 Replacement for Vehicle #403 - ESD/Construction Duval Ford One (1) Ford F-250 SD 4X4 Pickup Truck $17,951.00 White Exterior/Blu e Interior Options Code DIESEL Diesel Engine 5,648.00 Code 3K Third Key 89.00 Code F350 SRW Increase to 9,900 GVWR 1,128.00 Code X21 Extended Cab 2,884.00 Code 531-86T-HDW Trailer Tow Package 489.00 Code DBA Backup Alarm 95.00 Code 63H Extra HD Alternator 75.00 Code 52B/66S Electric Brake Controller 365.00 Code ED5/100 Extra Care Extended Warranty x,145.00 Total $31,869.00 2 N N t V L a s ~ ~ U N L m N ~> o ~ C N ~ ~ ~ O ~ LL ~ n V~ O a ~ M ~ N V O ~ N Vim' n ~ ~ ~ ~ N O ~ O w O N ~p N N M O J C Q n > ' a > n > ' n > ' O a a a a 0 0 0 0 ~ ~ ~ ~ X X X v v v v _ m ~ N ~ N ~ N ~ N ~ l% ti. li lL O O O O O ~ ~ ~ LL ~ P ~ lL lL tL IL O 'G /0 W !6 /6 ~ ~ ~ O O 2 2 ~ 2 0 a F F- H H a a n n a' a a a a v v 3 1° H I-~ H Z M c~' t~ C~ ro ~ ~ ~ 1 - Y O ' 7 O ~ a~ y a > a p p ~ U ~O tL U N ~, O O tL O t~ O ~ L U of c O ~ m ~ m E W ~ a ~ ~ ~ a ~ ;~ o ~ h ~ o m o a a a w d m p c° c ~, } Z m ,C-S ~ ~ I~ ~ ~ M O L .- ~ ~ O ~ i C ~ N C7 ~ J ~ f0 a ti O O N N L m AGENDA ITEM NUMBER: ~ ' ~ ' Request to be placed on: April 03, 2007 Date: March 27, 2007 X C~ Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Purchase of four (4) vehicles from Duval Font via the Florida Association of Counties 8~ Florida Sheriffs Fire Chiefs' Association Bid at a total amount of 9 for various departments within the City of Delray Beach. U7~ ~~{ ~ ORDINANCFJRESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: .AI U ~, ate' ~" Approve award for the purchase of four (4) vehicles for the total amount of $1 or various departments within the City of Delray Beach via the Florida Association of ounties 8~ Florida Fire Chiefs' Association. Funding from account code 501-3312-591-64.20 r..._......~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recomr~ndation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable} Account Number: Account Description: Acxount Balance: ~ 3 ~i'~-t °Z, g'7 City Manager Review: Approved for agenda: ~e~ ~ No Hoid Until: Agenda Coordinator Review: Received: Action: Approved Disapproved City Of Delray Beach Department of Environmental Services M E M O R A N D U M www. mydelraybeach. com TO: David T. Harden, City Manager FROM: Victor Majtenyi, Deputy Director of Public Utilities i~y~ SUBJECT: PURCHASE OF 3" WATER METERS Agenda Item; Purchase Award to Metron-Farnier, L.L.C. DATE: March 28, 2007 Attached for City Commission approval is a request to approve a purchase award to Metron-Farnier, L.L.C. in the amount of $34,492.77 for the purchase large water meters. The request is for 39 refurbished 3" Spectrum 175 Water Meters at a unit cost of $884.43 each. All applicable warranties would apply as if purchased new. In the fall of 1996, City Commission approved an award to Metron-Farnier for the purchase of 35 - 3" water meters, at $1,350.00 each. With most of these meters in place today approaching 10 years of service and greater, the inside components have deteriorated to the point where maintenance and service is no longer an option. Since their metering accuracy has diminished, there is also a potential loss in revenue. Under the City's current vendor for water meters, Sensus Metering Sysytems, a new equivalent 3" Compound meter would cost $1,360.00. However, to replace these meters with Sensus models would require reconfiguration (fittings and labor) of the existing assembly. The refurbished Metron meters would be an exact fit replacement. The potential savings in material alone would be $18,547.23. Staff recommends an award to Metron-Farnier, L.L.C. in the amount of $34,492.77 for the purchase of 39 Water Meters. Funding is available from account #442-5178-536-61.81, Water and Sewer Renewal & Replacement Fund/ Water Meter Replacement Program, after a budget transfer. cc: Richard Hasko; Director of ESD Scott Solomon; Manager Water and Sewer Network City Clerk's Office Agenda File 04-03-06 File: Water & Sewer Network Metron Meters Agda Memo 04.03.07.doc 1 , ^' Metron-Farnier, LLC. 5665 Airport Blvd. Suite 105 Boulder, CO 80301 Quote To: City of Delray Beach Attn: Accounts Payable 100 NW 1st Ave. Delray Beach, FL 33444 Quote Customer No.: DELRAY BEACH Quo#e No.: 4395 Ship To: City of Delray Beach Attn: Scott Soloman 434 S. Swinton Ave. Delray Beach, FL 33444 ~. - ~ 03/28!07 Origin Net 60 • .- - Ted Worth MF-RFB-175G Warranty 5 year Warranty New Meter Accuracy Spec. Refurb/meter: return old mtr Quote subtotal Quote total 77 34492.77 34492.77 Thank You .~.~ A ends Item No. 9 AGENDA REQUEST Request to be placed on: --X-Regular Agenda Special Agenda Workshop Agenda Date March 28, 2007 When: April 3, 2007 Description of item (who, what, where, how much): Approve an award to Metron-Farnier, L.L.C. in the amount of $34,492.77 for the purchase ~ of 39 refurbished 3" Spectrum 175 Water Meters at a unit cost of $884.43 each. Most of the large meters in place today are approaching 10 years of service and longer. Their metering accuracy has diminished significantly thereby requiring replacement. Funding is available from Account 442-5178-536-61.81, Water and Sewer Renewal 8~ Replacement Fund/ Water Meter Replacement Program, after a budget transfer . ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends an award to water meters. Department head signatu G Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable 3 -Z$-o Budget Director Review (r on all items involving expenditure of funds): Funding available. O C.6~- (see above) Funding alternatives (if applicable): Account No. & Description ~~ Z -S/' 78 -~36. lob - / L.tJ~e~c ~e ~ ~ ~r~eyy,~ Account Balance 's 3~ ~ / _ ~.Li a ~ c s4~~1 City Manager Review: -"~ Approved for agenda: ES~NO ~~~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved arnier, L.L.C. in the amount of $34,492.77 for purchase of 39 -3" \1Essrv001\beatty$\Water Sewer NetworklAgenda Req Metron Meters 04.03.07.doc a ~ . ~ ~~ FIRE-RESCUE DEPARTMENT DELRAY BEACH All-America Cily tl r 1zoo~VIEMORANDUM SEWING DrLF'AY E3e=.ACI-? ~ +"~I'l.F~ ~TREIO~v1 • HIGHLAND BEACH TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: March 23, 2007 SUBJECT: Zoll E Series DefibrillatorlMonitor The Fire-Rescue Department is requesting approval to purchase one additional Zoll E Series Defibrillator/Monitor. Zoll is the sole manufacturer and vendor for E Series Defibrillators for the EMS market. This equipment is standard on all Advanced Life Support Units in Delray Beach. Engine 3 was upgraded to an ALS unit last year and our spare monitor/defibrillator was initially used to equip that unit. However, a spare unit is needed to support maintenance functions and repairs and in order to quickly replace compatible equipment, in the event of failure or damage of an in-service unit. An Agenda Request and a copy of the vendor's proposal are included for your review and consideration. K ~~~ Kerry B. Koen Fire Chief KBK/cls FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE • DELRAY BEACH, FLC3RIDA 33444-25.55 (561) 243-7400 • FAX (561) 243-7461 Printed on Recycled Paper • g ZOLL. ~~= ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Telefax TO: City of Delray Beach 501 West Atlantic Avenue Delray Beach, FL 33444 Attn: Robert Moreland Division Chief Tel: 561-243-7442 email: moreland~lci.delrav-beach.fl.us QUOTATION DATE: March 13, 2007 TERMS: Net 30 Days FOB: Shipping Point ITEM' MOl7Et.'NIJMBER QESCRIPTIOk QTY. 'UNIT'PRIC~ t115C RRtCE TQTALiPRICE 1 5 0 2 0 1 7 3 0 0 2 0 1 2 4 0 1 3 E Series ACLS Manual with Advisory capability, AC Power, 1 $24,685.00 $19,748.00 $19,748.00 * E Series ACLS Printer, Protocol Assist Code Markers, GPS Clock Auto Sync, SP02 (comes with EtC02 port) with reusable sensor and 4' cable, NIBP with Adult Plus cuff and hose, 12-lead with 1-step patient cable, Integrated Bluetooth and Noninvasive Pacing Includes: TriMode Display, 3-Lead ECG patient cable, universal cable, RS232 data transfer port, Roll Cage and Rapid Cable Deployment System or Ruaaed SoftPack Carrv Case, AC power cord, 12" AC extension power cord, one package of recorder paper, two PCMCIA slots, and Operator's Manual. Standard One Year EMS Warranty 2 8000-0312 E Series Only CAPNO 5 Mainstream C02 Sensor and 1 $4,500.00 $3,600.00 $3,600.00 Cable 3 8050-0030-01 SurePower*" Charging Station (4 bay capacity) 1 $2,195.00 $1,756.00 $1,756.00 4 8019-0535-01 SurePowerT"' Rechargeable Lithium Ion Battery for E Serie 3 $450.00 $360.00 $1,080.00 inl 5 8778-2004 MSerieslE Series 4 Yr. New Purchase Warranty-1 PM $3,420.00 $3,420.00 Includes: '4 Year Extended Warranty, *1 PM per defibrillator for 4 Years, *Battery replacement, one for one, throughout the Extended Warranty period, on an as needed basis, if battery fails the charger test or battery is 18 months or older, 'Maximum of 4 batteries per defibrillator, *Additionai batteries can be purchased at a 50% off list price. *Reflects discount pricing All discounts off list Price are contingent upon a meet within a reed u on teens. This quote is made subject to ZOLL's standard commercial terms and conditions(ZOLL Ts+C's) which accompany this quote. Any purchase order (P.O.) Issued in response to this quotation will be deemed to Incorporate ZOLL Ts+C's. Any modiflcaUon of the ZOLL Ta+C's must be set forth or referenced in the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customer's P.O. unless set forth or referenced by either document. 1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above and reverse side). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. 5. APPLICABLE TAX & FREIGHT CHARGES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDERS TO BE FAXED 1O ZOLL CUSTOMER SERVICE AT 978-421-0015. TOTAL $26,184.00 Kurt Sterzelbach/ec Territory Manager 800-242-9150, x9576 ZOLL. Adranah~plp~r~pclgt/on. Tod~~"' ~~ . March 13, 2007 Robert Moreland, III Division Chief, Emergency Medical Services Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Moreland: ZOLL Medical Corporation Worldwide Headquarters 269 Mil! Road Chelmsford, Massachusetts 01824-4105 U.S.A. 97$ 421-9655 978 421-0025 Main Fax We appreciate your selection of ZOLL products for Delray Beach Fire-Rescue Department. This letter serves as confirmation that ZOLL Medical Corporation at 269 Mill Road in Chelmsford, Massachusetts, is the sole manufacturer and source of E Series Defibrillators for the EMS Market. ZOLL or Kurt Sterzelbach, Territory Manager will not sell an E Series Defibrillator to Delray Beach Fire-Rescue Department through aYry vendor or dealer. Should you have any questions or require additional information please contact me at 800-348-9011 x 9568. Sincerely, ~~~~-~~ ,l~-ic. ~C,u~ce-``~ Elizabeth McCaughey Contracts & Bids Manager ZOLL QUOTATION GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE. This Quotaton consfitutea an offer by ZOLL Medical Corporation to sell to the Customer the equipment (induding a license to use certain software) listed in this Quotation and desuibed in the spedfications either attached to or referted to in this Quotation (hereinafter referted to as Equipment). Any acceptance of such offer is expressly limtted to the terms of this Quotation, induding these Generel Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (i) any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporetion or (ii) receipt u acknowledgement by ZOLL Medical Corporaton of any purchase order, specification, or other document issued by the Customer. Any such document shall be whdly inapplicable to any sale made pursuant to this Quotation, and shall not be binding in any way on ZOLL Medical Corporation. Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporefion and the Customer (hereinafter refaced to as the "Contract the terms and conditions of which are expressly limited to the provisions of this Quotation induding these Tertns and Conditions. No waiver change or modification of any of the provisions of this Quotation u the Comred shall be binding on ZOLL Medical Corporation unless such waiver, change or modification (i) is made in writing (ii) expressly states that it is a waiver, change or modification of this Quotation or the Contract and (iii) is signed by an authorized representative of ZOLL Medical Corporeton. 2. DEIJVERY AND WSK OF LOSS. Unless otherwise stated, all deliveries shall be FO.B. ZOLL Medical Corpuauon's fadlity. Risk of loss or damage ro the Equipment shall pass to the Customer upon delivery of the Equipment to the carder. 3. TERMS OF PAYMENT. Unless otherwise stated in its Quotation payment by Customer is due thirty (30) days after the ship date appearing on ZOLL Medical Corporaton irnoice. Any amounts payable hereunderwhich remain unpaid after the date shall be subject to a late charge equal to 1.5% per month Nom the due date until such amount is paid. 4. CREDIT APPROVAL. All shipments and deliveries shall at all times be subject to the approval of uedit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or security or upon terms regarding uedit or security satisfactory to ZOLL Medical Corporation. 5. TAXES. The pacing quoted in its Quotation do not include sales use, excise, or other similar taxes or any duties or customs charges. The Customer shall pay in addition for the prices quoted the amoum of any present or future sates, excise or other similar tax or wstoms duty or charge applicable to the sale u use of the Equipment sold hereunder (except any tax based on the net income of ZOLL Medical Corporation). In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax exemption certificate acceptable to the taxing authorities. 8. WARRANTY. (a) ZOLL Medical Corporation wartants to the Customer that from the eariier of the date of installation or ttrirty (30) days after the date of shipment from ZOLL Medical Copporation's facility, the Equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side. Accessories and electrodes shall be wartamed for ninety (90) days from the date of shipment During such period ZOLL Medical Corporation will at no charge to the Customer either repair or replace (at ZOLL Medicel Corporation's sole option) any part of the Equipment found by ZOLLMedical Corporation to be defective in material or worirmanship. It ZOLL Medical Corporation's regular service charges shall apply. (b) ZOLL Medical Corporation shall not be responsible for any Equipment defect failure of the Equipmem to penorm any spedfied function, or any other noncomormance of the Equipment caused by u attributable to (i) any madificaton of the Equipment by the Customer, unless such modification is made with the prize written approval of ZOLL Medical Corporation: (ii) the use of the Equipment with any associated or complementary equipment accessory or software rid spedfied by ZOLL Medical Copoation, or (iii) any misuse or abuse of the Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power o operating wnstraints specified by ZOLL Medical Corporation, or (v) installation or writing of the Equipment other than in accordance with ZOLL Medical Corporation's insWCdons. (c) Warrenry does not cover ttems to lamps, fuses, barieries, cables and accessories. (d) The foregdng warranty does not appy to software included as part of the Equipment (including software emba8ed in read-only memory known as `firtnware~. (e) The foregoing wartanty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any waranty related to the Equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. SOFTWARE LICENSE. (a) All software (the "Software' which term shall include firmware) included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms hereinafter set forth, (b) Customer may not copy, distribute, modify, translate u adapt the Software, and may not disassemble or reverse compile the Software, or seek in any manner to discover, disdcee or use any proprietary algorithms, techniques ar other confidential information contained therein, (c) All rights in the Software remain the product of ZOLL Medical Corporation, and Customer shall have no right or interest therein except as expressy provided herein. (d) Customer's right to use the Software may be terminated by ZOLL Medical Coryoration in the event of any failure to comply with terms of this quotatlon, (e) Customer may Vansfer the license conferced hereby only in connection with a transfer of the Equipmem and may not retain any copies of the Software fdlowing such transfer. (f) ZOLL Medical Corporation wartants that the read-only memory or dher medial on which the Software is rewrded will be hee from defects in materials and workmanship fu the period and on terms set forth in section 8. (g) Customer understands that the Software is a complex and sopMsticated software product and no assurance can be given that operation of the Software will be unimerrupted or ercor-free, or that the Software will meet Customer's requirements. Except as set forth in section 7(f). ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESSOF A PARTICULAR PURPOSE WITH RESPECT THERETO. Customer's exclusive remedy fu any breach of wartanty or defect relating to the Software shall be the repair o replacement of any defective read-only memory or other media so that it correctly reproduces the Software. 8. DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable fu any delay in the delivery of any paA of the Equipment if such delays is due to any cause beyond the control of the ZOLL Medicel Corporation induding, but not limtted to ads of God, fires, epidemics, floods, riots, wars, sabotage, labor disputes, governmental actions, inability to obtain materials, wmponems. manufacturing fadlifies or trensportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL Medical Corporation shall rtot be liable far any delay in delivery roused by failure of the Customer to provide arty necessary information in a tlmely manner. In the event of any such delay, the dale of shipmem or performance hereunder shall be extended to the period equal to the time lost by reason of such delay. In the evem of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitable basis. The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Coryoretfon shall not be liable for u shall the Contrad be breached by, any delivery by ZOLL Medical Corporefion within a reasonable time after such dates. 9. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERNASE. 10. PATENT INDEMNITY. ZOLL Medical Corporation shall al its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United States patents or copyrights related to the parts of the Equipmem u the Software manufactured by ZOLL Medical Corporation, provided that (i) such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a pan of or in combination with any other devices or parts, (ii) the Customer gives ZOLL Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporeton through counsel of its choice, to answer the charge of infringement and defend such suit, and (iii) the Customer gives ZOLL Medical Corporation all requested information, assistance and authority at ZOLL Medical Corporation's expense, to enable ZOLL Medical Corporation to defend such suit. In the case of a final award of damages for infringement in any such suB, ZOLL Medical Corporation will pay such aware, but it shall rid be responsible fu any settlement made without its written consem. Section 10 states ZOLL Medical Corporetion's total responsibility and liability's, and the Customer's sde remedy for any actual or alleged infringement of any patent by the Equipment or the Software u arty part thereof provided hereunder. In no event shall ZOLL Medical Corpuation be liable fu any indirect, spatial, or censequenfial damages resulting from any such infringement. 11. CLAIMS FOR SHORTAGE. each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof. The Customer shall inform ZOLL Medical Corpuafion of any shortage in any shipment within ten (10) days of receipt of Equipment If no such shortage is reported within ten (10) day period, the shipment shall be conclusively deemed to have been complete. 12. RETURNS AND CANCELLATION. (a) The Customer shall obtain authorization from ZOLL Medical Corporation prior to returning any of the Equipment. (b) The Customer receives authorization from ZOLL Medical Corporation to return a product for credit, the Customer shall be subject to a restocking charge of twenty percent (20%) of the original list purdtase price, but not less than $50.00 per product (c) Any such dtange in delivery caused by the Customer that causes a delivery date greater than six (8) months from the Customer's original order date shall constitute a new order for the affected Equipment in determining the appropriate fist price. 13. APPLICABLE LAW. This Quotation and the Contract shall be governed by the substantive laws of the Commonwealth of Massadwsetts without regard to arty dtoice of law provisions thereof. 14. COMPLIANCE WITH LAWS. (a) ZOLL Medicel Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable state and federal laws and regulations, including the requirements of the Fair Labor Standards Acl of 1938, as amended. (b) The Customer shall be responsible for compliance with any federal, state and Mcal laws and regulations applicable to the installation o use of the Equipment furnished hereunder, and will obtain any permits required for such installation and use. 15. NON-WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical Corporetion may decline to make further shipments without in any way eReding its right under such order. If, despite any default by Customer, ZOLL Medical Corporation elects to contlnue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporation's legal remedies regarding any such default No claim or right arising out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver w renunciation of the claim o right unless the waiver or renundation is supported by consideration and is in writing signed by ZOLL Medical Corpoadon. 16. ASSIGNMENT. This Quotation, and the Contract, may rid be assigned by the Customer without the priowritten consent of ZOLL Medical Corpoation, and any assignment without such consem shall be null and void. 17. TITLE TO PRODUCTS. TNe to right of possession of Ote products sdd hereunder shall remain with ZOLL Medical Capoafion umil ZOLL Medical Corporation delivers the Equipment to the certier and agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical Corporeton. Failure d the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corpuafion the right, without liability to repossess the Equipment, with or without notice, and to avail itself of any remedy provided by law. 16. EQUAL EMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION. V T AN' rwP OYM NT - If Mis order is subject to Executive Order 11710 and the rules, regulations, u orders of the Seuetary of Labor issued thereunder the contract clause as set forth at 41 CFR 60250.4 is hereby inducted as part of this order. EMPLOYMENT OF HANDICAPPED - if ttris order is subject ro Section 503 of the Rehabilitation Ad of 1973, as amended and the rules, regulations or orders of the Secretary d Labor as issued thereunder, the contract clause at 41 CFR 80.741.7 is hereby included as part of this oder. FOUAL OPPORTUNITY EMPLOYMENT- if this order is subject to the provisions of Executive Order 11248, as amended, and the rules, regulations or orders of the Seuetary of Labor issued thereunder, the contract clause set font at 41 CFR 80-1.4 (a) and 60.1.4 (b) are hereby inducted as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 601.7 and the affirmative action compliance program requirements set forth as 41 CFR 60.1.40. 19. VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the Customer, in accordance with the terms of Section 1 hereof for the period set forth on the face hereof. After such period, the acceptance of this Quotation shall rid be binding upon ZOLL Medical Corporation and shall not ueate a centract, unless such acceptance is acknowAedged and accepted by ZOLL Medical Coryorafion by a writing signed by an authorized represemadve of ZOLL Medical Corporation. ZOLL Medical Corporation Date: 03/22/07 ~~. , ~, . ~` Request to be placed on: X Consent Agenda When: 04/03/07 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda Description of agenda item (who, what, where, how much): Special Agenda Apuxov~l toto purchase one additional Zoll E Series Defibrillator/Monitor from Zoll Medical Corporation in the amount of $26,184.00. Funding is available in Account # 001-2315-526-64-90. Department Head c~ Signature: ~~-^-1 y~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: es No Initials: Account Number D~ ~ ' 2.~/ ~ --s 2lp • ~ ~ ' 9~ Description ~~~`~ylU' ~~ (~'~-~ ~~~ /~~ /~e_~t--~ Account Balance: ~~~ ~ ~ ~v Funding Alternatives: City Manager Review: Approved for Agenda: es / No Initials: ~"/ Hold Until: Agenda Coordinator Review: (if applicable) g ~.9 Received: () J, I CITY COMMISSION DOCUMENTATION TO: A I . H EN, CITY MANAGER THRU: PAUL ORLING, I ,PLANNING AND ZONING DIRECTOR ~~ FROM: CANDI JEFFERSON, SENIOR PLANNER SUBJECT: MEETING OF APRIL 3, 2007 CONDITIONAL USE REQUEST TO ESTABLISH A VEHICLE SERVICES AND REPAIR SHOP IN CONJUNCTION WITH THE MANUFACTURING OF AUTOMOTIVE PARTS FOR JAY PUTNAM ENTERPRISES. THE FACILITY IS TO BE LOCATED IN TWO BAYS (BAYS 5 & 6) TOTALING 1,800 SQ. FT. IN THE CENTRAL PORTION OF THE EXISTING DEPOT WAREHOUSE BUILDING LOCATED AT 1700 DEPOT AVENUE. BACKGROUND The subject property contains 0.8562 acres and cont Warehouse built in 1978 and associated parking. The pa Commercial) and has a Future Land Use Map (PLUM) ~ Depot Warehouse contains seven (7) bays occupied by is the applicant, Jay Putnam Enterprises, who rents tv manufacturing parts and associated components of Por; an occupational license to manufacture and wholesal seeking to expand the use to include service and rel Engineering recently (February 2007) was also register for a Motor Vehicle Repair shop. ins an existing 12,403 sq. ft. Depot gel is zoned MIC (Mixed Industrial and ssignation of Commerce (CMR). The Ive (5) tenants. Among those tenants ~ (2) combined bays for purposes of ~e race car vehicles. Jay Putnam has Porshe race car parts and is now sir of Porshe vehicles. Jay Putnam 1 and certified by the State of Florida I PROJECT DESCRIiPTION I The vehicle service and repair use requires conditional The business will occupy 1,800 sq. ft. within two bays ~ existing building. Business hours will be Monday throe will be one employee and no customer waiting area. vehicle storage will be retained inside the two bays for day, vehicles requiring repair will also be stored within spaces are also being provided. se approval in the MIC zoning district. ays 5 & 6) in the central portion of the h Friday, 8:00 am to 5:00 pm. There II vehicles will be dropped off and all ~curity purposes overnight. During the ternal bays. Additional outside parking ~ .PLANNING AND ZONING BOARD CONSIDERATION ~ At its meeting of March 19, 2007, the Planning and Z conjunction with review of the request. John Gwynn, the John Toen, a prior customer of Jay Putnam Enterprises, staff report and discussing the proposal, the Board vote Conditional Use request, based upon positive findings w Standards) and Section 2.4.5(E)(5) of the Land Develof Comprehensive Plan, subject to the following conditions: ping Board held a public hearing in owner of the Depot Warehouse and poke on the item. After reviewing the i 7-0 to recommend approval of the ~ respect to Chapter 3 (Performance lent Regulations, and policies of the GA Subject to restriping the east parking lot to include the addition of three (3) parallel parking spaces and two horizontally striped spaces along the east property line prior to issuance of an occupational license for auto repair and service. Subject to upgrading the landscaping for the site, particularly along the east property line which is visible from the I-95 right-of-way, to include but not be limited to replacement of existing trees where appropriate and other requirements deemed necessary via attached Landscaping technical comments. Subject to a minimum of eight spaces being provided and retained for vehicle parking within the bays. The Planning and Zoning Board did not require a fourth condition recommended by staff which included processing of a Class I site plan modification application for approval of the existing billboard on the southern end of the property and related modification of the affected parking. Upon further research, staff confirmed that the billboard sign was permitted. However, a Class I site plan modification should be processed to note the parking modifications, related landscaping improvements and location of approved billboard and is included in the City Commission recommended action below. RECOMMENDED ACTION By motion, approve the conditional use request to establish a automobile services and repair shop for Jay Putnam Enterprises at 1700 Depot Avenue, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: • Subject to restriping the east parking lot to include the addition of three (3) parallel parking spaces and two horizontally striped spaces along the east property line prior to issuance of an occupational license for auto repair and service. • Subject to upgrading the landscaping for the site, particularly along the east property line which is visible from the I-95 right-of-way, to include but not be limited to replacement of existing trees where appropriate and other requirements deemed necessary via attached Landscaping technical comments. • Subject to a minimum of eight spaces being provided and retained for vehicle parking within the bays. • Subject to processing of a Class I site plan application for approval of the parking modifications, related landscaping improvements and location of the approved billboard. Attachment: Planning & Zoning Board Staff Report of March 19, 2007 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR JAY PUTNAM ENTERPRISES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on April 3, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Jay Putnam Enterprises. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Maa: Is the future use and intensity of the development consistent with the future land use -map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No, II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves _ denies the conditional use request subject to conditions set forth in the Staff Report and hereby adopts this Order this 3~d day of April, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 19, 2007 AGENDA ITEM: Iv. B. ITEM: Conditional use request allow the establishment of a vehicle repair facility in conjunction with the manufacturing of automotive parts for Jay Putnam Enterprises, located north of West Atlantic Avenue, between the CSX Railroad and I-95 (1700 Depot Avenue). GENERAL DATA: Applicant/Agent ..................... Henry Jay Putnam IV/Jay Putnam Engineering Owner .................................. Depot Warehouse/John Gwynn Location .................................. North of West Atlantic Avenue, between the CSX Railroad and I-95 Property Size .......................... 0.8562 acres Existing FLUM ....................... CMR (Commerce) Proposed FLUM ..................... No Change Current Zoning ........................ MIC (Mixed Industrial and Commercial) Proposed Zoning .................... No Change Adjacent Zoning............North: MIC (Mixed Industrial and Commercial) East: I-95 Public Right-of-Way (No Zoning) South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Use ........................... Manufacturing race car parts and components Proposed Use ......................... Automotive repair and service shop Water Service ...................... Existing on site Sewer Service ..................... Existing on site y v 1 G ~ ~~ A V E N U E IV.B ITEM BEFORE THE BOARD The action before the Board is to make a recommendation to the City Commission on a request for Conditional Use approval to establish an auto repair and service operation for Jay Putnam Enterprises, pursuant to LDR Section 2.4.5(E). The business is currently established as a manufacturer of Porshe race car components and is located at 1700 Depot Avenue, south of Lake Ida Road and west of I-95. BACKGROUND The subject property contains 0.8562 acres and is zoned MIC (Mixed Industrial and Commercial) and has a Future Land Use Map (PLUM) designation of Commerce (CMR). The existing building was built in 1978 as an industrial warehouse. The building permit for the existing structure was approved in 1976 as part of a development proposal consisting of three phases which encompassed the adjacent 1.3207 acre lot directly west of the subject property. Subsequently, only Phase I, containing the existing 12,403 sq. ft. structure and associated parking, was built. In 1983, the subject parcel was sold separately as an independent lot resulting in the current lot configuration. The building contains seven (7) bays occupied by five (5) tenants. Among those tenants is the applicant, Jay Putnam Enterprises, who rents two (2) combined bays for purposes of manufacturing parts and associated components of Porshe race car vehicles. Jay Putnam Enterprises relocated to Delray Beach in Spring 2006 after suffering damage from Hurricane Wilma in Pompano Beach during Fall 2005. He has occupied his bay at 1700 Depot Avenue for almost a year with an occupational license issued in May 2006 to manufacture and wholesale Porshe race car parts and is now seeking to expand the use to include service and repair of Porshe vehicles. Jay Putnam Engineering recently (February 2007) was registered and certified by the State of Florida for a Motor Vehicle Repair shop. Jay Putnam is now before the Board requesting a conditional use approval to expand his manufacturing business to include associated repair and services to Porshe vehicles. PROJECT DESCRIPTION The request is to establish a Porshe vehicle services and repair shop for Jay Putnam Enterprises located at 1700 Depot Avenue. The use falls within the category of automobile, paint, body and repair shops, and requires conditional use approval in the MIC zoning district. The business will occupy 1,800 sq. ft. within two bays (Bays 5 & 6) in the central portion of the existing building. Business hours will be Monday through Friday, 8:00 am to 5:00 pm. There will be one employee and no customer waiting area. All vehicles will be dropped off, thus there will be no need for customer parking. All vehicle storage will be retained inside the two bays for security purposes overnight. During the day, vehicles requiring repair will also be stored within internal bays. Outdoor parking for the single owner/operator of the business is available on site. However as a condition of approval, this proposal includes the addition (through striping) of up to five external parking spaces. Planning and Zoning Board Staff Report -March 19, 2007 Jay Putnam Enterprises at 1700 Depot Avenue -Conditional Use Approval Page 2 CONDITIONAL USE ANALYSIS REQUIRED FINDINGS (Chapter 3 -Performance Standards): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of CMR (Commerce) and a zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is consistent with the CMR Future Land Use Map designation and "automobile paint, body, and repair shops" is listed as a Conditional Use in the MIC district [LDR Section 4.4.19(D)(1)(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. The development proposal is the establishment of a services and repair shop in an existing industrial warehouse. As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, solid waste and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found. Future Land Use Element -Objective A-1: Property shall be developed or redeveloped, 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. In terms of physical considerations, due to the existing configuration of the lot, the west property line currently extends beyond the parcel boundaries. In reviewing recorded documents it appears that this encroachment is permitted for up to fifteen feet (15') to allow for ingress and egress access through the property via an easement deed recorded March 21, 1983. When future development of the adjacent property occurs, this encroachment must be accommodated. With respect to use and intensity, the existing development is deficient with respect to parking. Thirty-eight (38) parking spaces are required for the 12,400 sq. ft. building and only twenty-nine Planning and Zoning Board Staff Report -March 19, 2007 Jay Putnam Enterprises at 1700 Depot Avenue -Conditional Use Approval Page 3 (29) are provided. As this proposed use requires additional parking, concerns over the intensity of use are noted (see discussion under compliance with LDRs -parking). COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS (LDRs): Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K): Development Standards Matrix -Nonresidential Zoning Districts The following table indicates that the existing building does not comply with LDR Section 4.3.4(K) as it pertains to the Mixed Industrial and Commercial (MIC) zoning district with respect to the minimum front setback requirements. Although open space estimates are not available, it is anticipated that this requirements may also not be met. Further, as previously noted, the site also is deficient with respect to parking. These aspects of the site are recognized as nonconformities: Standard: Provided: Buildin He 'hf: 48' 20' Buildin Setbacks: Front West 25' 20.6' - 31.3' Rear East 10' 17.2' - 55.0' Side Street North 25' 34.5' - 36.6' Side Interior South 10' 55.1' O 'en S ace: 25% Not estimated Maximum Buildin Covera e: 50% 33% LDR Article 4.6 -Supplemental District Regulations: Parking (LDR Section 4.6.9): Pursuant to Section 4.6.9(C)(5)(b), Vehicle Paint, Body, and Repair Shops shall provide 4.5 spaces per 7, 000 sq. ft. of total floor area. Currently, the parking lot is striped to allow for twenty-nine (29) parking spaces. Consequently, only twenty-six (26) parking spaces are usable due to outdoor storage of boating equipment utilizing three (3) spaces in the southwest corner of the property. Based on the square footage of the existing building, 38 parking spaces are required, resulting in an existing shortage of 9 parking spaces for the overall site. The double bay that accommodates this use contains 1,800 sq. ft. The parking requirement for the existing manufacturing, assembly and attendant oft•ice use bay is 3 spaces per 1,000 sq. ft. of floor area devoted to such uses or 5.4 rounded to six (6). The parking requirement for proposed vehicle paint, body and repair shop use is 4.5 spaces per 1,000 sq. ft. of gross floor area or 8.1 parking spaces rounded to 9, resulting in a requirement for an additional 3 spaces. The applicant contends that the 1,800 sq. ft. of bay area allotted to him has the capacity to store as many as eight (8) cars. However, as this Conditional Use would allow any future paint and body shop to occupy this space should this applicant leave, individual accommodations for specific users should either not be considered or should be controlled through specific conditions of approval. In addition, the applicant can stripe up to five additional spaces, two at the south end of the existing parking row (east side of property) and three additional parallel parking spaces along the east property line. Under this scenario, the new required parking could be provided outside. To address the existing shortfall, a condition is attached that any repair use would be required to accommodate eight vehicles inside. Planning and Zoning Board Staff Report -March 19, 2007 Jay Putnam Enterprises at 1700 Depot Avenue -Conditional Use Approval Page 4 SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Hinder development or redevelopment of nearby properties. Currently, there are no adjacent land uses to the property. The land immediately to the north, west and south is vacant and undeveloped. To the east is public right-of-way for Interstate I-95. The adjacent zoning includes Mixed Industrial and Commercial to the north, west and south. As previously stated, to the east is I-95, thus there is no zoning. Since the neighborhood within the immediate vicinity is primarily undeveloped or vacant, the proposed conditional use has no significant effect on the existing land uses. However, the proposed conditional use request may slightly hinder development or redevelopment of nearby properties. The existing lot is paved beyond its west property line. However, this paving is in an area that contains a perpetual easement for ingress and egress for this property. Therefore, when the property to the west is developed, accommodations to maintain this encroachment must be made. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notice: A courtesy notice has been provided to the Neighborhood Advisory Council. Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed Conditional Use request involves the establishment of an automobile service and repair shop for Jay Putnam Enterprises, who occupies two (2) bays totaling 1,800 sq. ft. located at 1700 Depot Avenue. The site is currently nonconforming with respect to Land Development Regulations (LDR) requirements for front setbacks, open space, landscaping and parking. This conditional use creates an additional parking demand for three spaces. The applicant contends that 4 of the 29 existing spaces are allotted for Jay Putnam Enterprises. Through a condition of approval, the applicant is to provide additional parking through striping of up to five additional parking spaces and will accommodate an additional 8 spaces inside. Given the unique nature of this business (high end repair) and the ability to restrict the conditional use through specific Planning and Zoning Board Staff Report -March 19, 2007 Jay Putnam Enterprises at 1700 Depot Avenue -Conditional Use Approval Page 5 conditions (inside parking), this conditional use can be supported provided that a minimum of eight spaces are provided and retained for vehicle parking within the bays. ALTERNATIVE ACTIONS A. Recommend approval of the Conditional Use request for the establishment of an auto body, paint and repair shop for Jay Putnam Enterprises at 1700 Depot Avenue, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan. B. Recommend denial of the Conditional Use request for the establishment of an auto body, paint and repair shop for Jay Putnam Enterprises at 1700 Depot Avenue, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility), that the proposed use will hinder development of nearby properties. C. Recommend approval of the of the Conditional Use request for the establishment of an auto body, paint and repair shop for Jay Putnam Enterprises at 1700 Depot Avenue, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: • Subject to restriping the east parking lot to include the addition of three (3) parallel parking spaces and two horizontally striped spaces along the east property line prior to issuance of an occupational license for auto repair and service. • Subject to upgrading the landscaping for the site, particularly along the east property line which is visible from the I-95 right-of-way, to include but not be limited to replacement of existing trees where appropriate and other requirements deemed necessary via attached Landscaping technical comments. • Subject to processing of a Class I modification for approval of the existing billboard on the southern end of the property and related modification of the affected parking. • Subject to a minimum of eight spaces being provided and retained for vehicle parking within the bays. RECOMMENDED ACTION Recommend approval of the Conditional Use request to establish an auto body, paint and repair shop for Jay Putnam Enterprises at 1700 Depot Avenue, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: Subject to restriping the east parking lot to include the addition of three (3) parallel parking spaces and two horizontally striped spaces along the east property line prior to issuance of an occupational license for auto repair and service. Subject to upgrading the landscaping for the site, particularly along the east property line which is visible from the I-95 right-of-way, to include but not be limited to replacement of existing trees where appropriate and other requirements deemed necessary via attached Landscaping technical comments. Planning and Zoning Board Staff Report -March 19, 2007 Jay Putnam Enterprises at 1700 Depot Avenue -Conditional Use Approval Page 6 • Subject to processing of a Class I modification for approval of the existing billboard on the southern end of the property and related modification of the affected parking. • Subject to a minimum of eight spaces being provided and retained for vehicle parking within the bays. Attachments: • Location Map • Existing and Proposed Sketch Floor Plan • Sketch of Boundary Survey • Landscaping Comments Report Prepared By: Candi Jefferson, Senior Planner Planning and Zoning Board Staff Report -March 19, 2007 Jay Putnam Enterprises at 1700 Depot Avenue -Conditional Use Approval Page 7 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), 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: Water and Sewer.• • Water service is existing on the site. However, the location of the water meter has not been indicated in the provided Sketch of Boundary Survey. • Sewer service is existing on the site. However, the location of the sanitary sewer main has not been indicated in the provided Sketch of Boundary Survey. • Fire protection is provided via an existing fire hydrant located at the northeast corner of the subject property. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streefs and Traffic: The proposed conditional use as an automobile service and repair shop is vested with respect to traffic. Because of the remote location and the absence of any adjacent land uses, this conditional use request will not substantially increase traffic for the existing building. While the conditional use may increase the intensity of the use of the two bays allotted to the applicant, a traffic study and compliance with traffic concurrency is not required at this time. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The existing manufacturing use (1,800 sq. ft.) generated 4.23 tons of solid waste per year. The proposed automobile service and repair shop use (1,800 sq. ft.) will generate 8.37 tons of solid waste per year. Thus, the development proposal will result in a 4.14 ton increase in solid waste generated annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. 0 0 0 ~ o LEE ST. ~ w a J< S ci Z ~ ~ PROSPECT ST. OR. L R Z CARD K OL WAY ~ ¢ . 3 N.W. 3RD ST. w x 3 w Z a W x N.W. ~ ~ 2ND N.W. 2ND ST. z ST. x W ~ 3 x Q z ~ AN S N.w. ~sT sT. MARTY FLADELL DRIVE ~ w 3 3 z z ~ x ~-- (n ~ W 3 C~ z Z O U ~ ~ P J ~ ~J~ P~ G '~ ~ ~c~p0 ~P P~ N SUBJECT JAY PUTNAM ENTERPRISES _~ PROPERTY - 1700 DEPOT ROAD - qTY OF DELRAY BEACH, FL LOCATION MAP PLANNING & ZONING DEPARTMENT DlC/TAL BASE MAP SYSTEM -- MAP REF: LM 1000 ai ~ ~ ~ u~o~ jioua}oy©}~~nna}ssi~~irn >~ Q o ~ ~ Q `~ Z6lZ ZOL- l9S .auoyd Qn ~ m ~ z ~ m m m m :.~8~b~~ ~~`UooaB ~Co.l~aQ _ . z ~ ° o -o -o ~ o~ ~~ ~ o ~ ~ ~ ~ > > > •pn18 ysn8 a6aoa0 106: , o > ~ ~ ~' o 0 0 ~ ~ W w D ~ ~ o ~ ~ ~ ;. ~ ~ o ~ ~ h ~ o °~ a Q a Q SONIMd2~a ~ON`d~~~Zl~ ,.. ~ o o ~~ o Q a aQ x a ®~ ~o ~w C ~ _ _ s~ °s w a = i ~g ~ m ~~ ~ ®o ~ ~ ^ ° WW '~ m i e ~! a a ~° x m > 2s w i ~z " ° w ~ a ~ e Z w a5~ ~ m 3 W o 7 0 e i }' ti? ~ '! ~ 0 x m m °u H ~~ ~ cn ~ 'uao~~lloua}oy~}aorta}ssi~ll!M_'_. a, Q Q o ~ a "~ Z6lZ-ZOL-l9S `auoud . z >. u ~ o "' ~ w °° ~ z ~ m °' °' °~ ~,.,' ~8~b~~ ~.~`UaoaB..~Coa~aQ . ". Q~ ~ ~ c v o ~ -a .D o~ ~e ~ ~ a ~ ~ ~ ~ 0 0 0 ~ ~~ sn a6aoa r. ~° ~ ~ CS-i ~ h ~ o ~ a a Q aa. ~..: S`JNIMb'~Ia ~ONb'18~~~ .,: ~. o ~ ~ ~ o c Q Qa S ~~ i ~ O ~ w N g@' ~. ~ ;~ ~ ~ j o ~ °$ ! i - ex e a _ i ~ m a F ~9 B W u~ ~ Y ~ ^ ^ ~ € ®® E_ w ~'e a 7 ii ~ F-i 4 r ~~ a a i = am ~~ ~ a ' w a _~ ¢ a ! ao 0 ?y P ~~ ~ N 1i~ ~~ ° w 0 m m W °a ~ F w a X W o n~ ,I9Y1L ~„TO ,62.68 Al ~ ~o~ V ~ dJ J ~ ~O N N .. '' i~ •fI~ I~ ~ ~o ~~ ~ C ~~ MEMORANDUM To: Planning & Zoning Department From: Robert A. Kussner, Landscape Inspector Via: Nancy Davila, Horticulturist Re: JAY PUTNAM ENTERPRISES Date: February 27, 2007 1. The existing site was at one time a portion of a much larger tract. The plan of record for this structure shows it as phase I of a three (3) phase project. The other two (2) phases were never constructed and the tract was subdivided. Much of the pavement on the west side of the building is off-site and if the parcel to the west is ever built, the parking stalls on the west side of the building would need to be removed in order to gain access around the building. There is dumpster enclosure being constructed at the southeast corner of the site to satisfy an existing code violation. There is only room for one-way access around the site and it will be in acounter-clockwise direction, based upon the angle of the enclosure. The angled spaces on the north side are angled in the wrong direction and were never approved in the first place. Cars, boats and trailers are already parked all over the site and additional vehicles could not be accommodated. 2. The landscaping is in very poor condition. Most of the trees are damaged as a result of past hurricanes and poor maintenance. Much of the perimeter hedge surrounding the property and the sod on the north side of the site is either dead or missing. The applicant will need to provide a continuous hedge and at least one (1) tree (12 foot minimum height) for every thirty (30) linear feet around the north, east and west perimeter of the site to replace what is currently planted there. If the owner of the building does not voluntarily relandscape the site, a violation notice will be issued. IiAK: U:\kussner\wwdata\j ayputnam.doc Merrw Ta City Commission Prone City Manager~~~~ CC: Dates March 30, 2007 Re: Lot Size Waiver Request for 213 SE 7"' Avenue While I agree that we should not require these two lots to be aggregated, given their layout, we should perhaps require some adjustment of the boundary between the two lots. While 213 SE 7"' Avenue is substandard in size, the lot behind it at 706 SE 2'~ Street, which is under the same ownership, is 2.36 times the minimum in size. This large lot size is being used as one of the justifications for an extremely large house. The Commission my wish to require that a portion of the 706 SE 2"d Street lot be added to the 213 SE 7~' Avenue lot in order to increase the size of the back yard and decrease the extent of the nonconformity at 213 S E 7~' Street. R3 Z~"l CITY COMMISSION DOCUMENTATION TO: DA I ~R N, TY MANAGER THRU: PA I,~ORLING, ABC , DjR1irC,~TOR OF PLANNING AND ZONING FROM: 1 N PLANNER SUBJECT: MEETING OF APRIL 3, 2007 CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 4.1.4 (C) WHICH REQUIRES AGGREGATION OF LOTS UNDER THE SAME OWNERSHIP IF THE LOT AREA IS LESS THAN THAT REQUIRED BY THE ZONING DISTRICT REGULATIONS. THE WAIVER IS REQUESTED FOR PROPERTY LOCATED AT 213 SE 7T" AVENUE, WITHIN THE MARINA HISTORIC DISTRICT. BACKGROUND/PROJECT DESCRIPTION At its meeting of March 21, 2007, the Historic Preservation Board approved a Certificate of Appropriateness for the demolition of a 1,571 square foot, one-story, non-contributing structure and subsequent new construction of a two-story, 2,737 total square foot, single-family residence. The development proposal included a waiver request to LDR Section 4.1.4, Uses of Lots of Record, which states that except for single family residences subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record are under the same ownership and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. A waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7 (B). The lot area of the subject property is 8,409 square feet whereas 9,500 square feet is required. However, the property located at 706 SE 2"d Street, directly to the rear (east) is under the same ownership as the subject property. Thus, the applicant is seeking relief from the requirement to aggregate the parcels via this waiver request. The Historic Preservation Board considered the waiver request and recommended approval to the City Commission. WAIVER ANALYSIS As noted above, the subject property does not meet the minimum lot area required for redevelopment. Pursuant to LDR Section 2.4.7 (B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation, and; (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The proposed structure is to be developed as asingle-family residence, and is in compliance with the zone district requirements, with the exception of the lot area. The R-1-AA zone district requires minimum lot size of 9,500 square feet. The subject property to be developed contains approximately 8,409 square feet. Given the past development history and recent demolition of a previously established residence on the site, it would appear appropriate to continue this City Commission Documentation, Page 2 Meeting of April 3, 2007 Lot Area Waiver Request for 213 SE 7~h Avenue, Marina Historic District development pattern. Redevelopment of the subject property containing a lot area less than the required minimum would not adversely affect the neighborhood, as asingle-family residence previously existed on the property and that has historically been the development pattern. Further, allowing development of the proposed single family residence will not result in the granting of a special privilege, as the waiver would be granted for other properties under similar circumstances. ASSESSMENT AND CONCLUSION Granting the requested waiver will not have an adverse affect on the neighboring area, create an unsafe situation, diminish the provision of public facilities or create a special privilege. Therefore, a positive finding with respect to LDR Section 2.4.7(6)(5) waiver findings can be made. RECOMMENDATION Approve the waiver request to provide relief from LDR Section 4.1.4 (C) which requires the aggregation of legal lots of record under the same ownership, based on positive findings with respect to LDR Section 2.4.7 (B) (5) and consistency with the Comprehensive Plan. Attachment: Staff Report dated March 21, 2007 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 213 SE 7"' Avenue ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on April 3, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request from the property located at 213 SE 7th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.1.4(C) provides that except for single family residences subject to the R- 1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. The Applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to L.DR Section 4.1.4(C). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of April, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 ULLRAY BLACH RR..~R,~ ~~~~~?~ ~~~,:, <<;L,~ HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT UELRAY 9LACH i ""~ i ~II~,. ,~~, ~~~, Property Owner: Dana Parham Authorized Agent: Mark Krall Applicant: Francisco Perez, Project Architect Property Address: 213 SE 7`~ Avenue, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-069 -- ITEMBEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness for the demolition of anon-contributing structure and subsequent new construction of asingle-family dwelling located at 213 SE 7~h Avenue, Marina Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND The subject property consists of Lot C, The Moorings, and is zoned R-1-AA. The Moorings is a 1943 resubdivision of the Blank-Nichols Subdivision (circa 1925, within Block 127). The Moorings reconfigured twelve (12) fifty foot (50') wide lots into five (5) larger lots. Lot E was later redivided into two (2) lots, creating a "flag lot." Lot C consists of approximately .19 acres, and contains a non- contributing, one-story structure constructed circa 1951. In 1987, when the Marina Historic District was created, the subject structure was classified as non-contributing to the designation. However, it appears that if the period of significance were to be expanded to include later resources, the classification would be revised to contributing. There has been no previous review by the Historic Preservation Board on the subject property. The existing structure was permitted by the City Building Department in 1951. City Clerk Tax. Cards indicate that an addition to the existing guest house was permitted in 1955 (permit # 3714). A January 1979 fire is noted to have caused approximately $30,000 worth of damage. Subsequently, a permit (#6304) was pulled in July 1979 for repairs valuing $24,000. In 1986, a room was added, and the entire structure was reroofed in 1989. The applicant is now requesting approval for the demolition of the existing single-family dwelling and subsequent construction of a new single-family dwelling. ~- PROJECT DESCRIPTION The subject application proposes the following: Demolition of a 1,571 square foot, one-story, non-contributing structure constructed in 1951; Construction of a 2,737 square foot, two-story, single-family structure; • Consideration of a waiver request to the minimum developable lot size requirement; The proposed single-family dwelling consists of 2,737 total square feet: 2,105 square feet under-air living space and 632 non-living space. The Mediterranean Revival style structure is of concrete block construction with a smooth stucco finish. The first floor is broken up in roof and wall planes providing for a combination of roof types such as flat with parapet, gable, and shed. The second-story is topped with a hip roof. Barrel the is proposed for the roof material. All windows will be aluminum clad and ~~.. i:: ~~ 711 ~';ifG~'ti E:= i; ~.~r-t lvl!-J'v ~~^r3E? L G( tl ,. either casement or fixed/picture. A porte-cochere is located along the north elevation, facing SE 7cn Avenue. The color scheme is a cream body with an olive finish for the windows. A six foot, nine-inch (6'9") stucco wall is attached to the north and south sides of structure and extends to the side property lines. Decorative entry gates are shown within each wall section. - ----- ANALYSIS -- - ~ Comprehensive Plan A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Element Objective A-12.1 of the Comprehensive Plan, offers that to assist the residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Future Land Use Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit size and scale of new homes to be consistent with the existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policy C-1.2 The middle and southerly portions of the Marina District shal- continue to be enhanced through the renovation of existing single family and multi-family 7h 3 S~ 7t~ As.~c;ntc C~r~ 2G 1?-~0~3 H~'~3 PY9~~' r ~'''' ~~, 21: zC~r Pt~R W of ?~ structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Demolition LDR Section 4.5.1(E)(6), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness requesting demolition by stating the following: Demolition of historic sites, archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Subsection (F) provided below. 4.5.1(F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness for that purpose. The Historic Preservation Board shall be guided by the following in considering such a request. (~(1) The Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that if would reasonably fulfill criteria for designation for listing on fhe nations! register. The structure does not qualify for listing on the National Register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. A reproduction would not contain the same significance. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. This would be determined by a resurvey of the historic district. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. Retaining the structure would provide the opportunity to study a more recent style of architecture indicative of architectural styles within Delray Beach at that time. (e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. There are definite plans for reuse of the property which may be deemed to be a positive affect on the historic district. (~(2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). i~ S 7tn ~l~cnue f~C?^ 2G~_-~~~# ~'!7F~' -~i Oi' P w (~(3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written stafement describing the public interest That the Board seeks to preserve. Analysis The structure in question was originally constructed in 1951. While it may have been altered throughout the years, its overall form, style, and mass are intact. The structure is indicative of its time and provides insight into the development of its time. However, because the period of significance for the Marina Historic District does not extend past 1943, the structure is not eligible for contributing classification. To the contrary, upon reevaluation of the district as a whole the structure could be deemed a contributor to the Marina Historic District designation. The non-contributing classification of the structure towards the Marina Historic District designation downplays its significance and relaxes its protection. Therefore, based upon the analysis of the criteria within LDR Section 4.5.1(F), positive findings can be made. New Construction LDR Section 4.3.4(K) Development Standards Matrix: The applicable development standards for the R-1-AA zoning district are as follows: Allowed/Reauired Building Height Maximum 35' Setbacks Front 30' Side Interior (North) 10' South 10' Rear 10' Minimum Developable Lot Size 9,500 square feet Lot Coverage Maximum N/A Open Space Minimum 25% Right-of-Way Dedication Provided 27'5" 30'2" 10'8" 12'4" 10'4" 8,409 square feet (See Waiver Analysis) 26.87% 63.49% Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for SE 7th Avenue is 60'. Currently 40' of right-of-way exists for SE 7th Avenue. However, the Development Services Management Group (DSMG) reviewed the application at their January 11, 2007 meeting and waived the 60' requirement, but required the right of way to expand to fifty feet (50'). Therefore, afive-foot (5') dedication (half the distance of the difference) is required, and is shown on the plan. Landscape Regulations Pursuant to LDR Section 4.6.16(H)(1), the minimum landscaping standards shall apply for new single-family residences. Therefore, it has been added as a condition of approval that the landscape plan is approved by the City Horticulturalist prior to plan certification. LDR Section 4.5.1(E)(7) and 4.5.1(E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for new construction. 7i:? ~~ 7~S'1 {`1`Ivt?uG~` ~r~f~c. ~:~if-l~~ ~u:~" T:. ~~ ti .. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exteror appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. (E)(8) All improvement to buildings, structures, and appurtenances within a designated historic disfrict shall be visually compatible. Visual compatibility can include but is not limited to: (a) height, (b) front facade proportion, (c) proportion of openings (windows and doors), (d) rhythm of solids to voids: front facades, (e) rhythm of buildings on streets, (~ rhythm of entrance and/or porch projections, (g) consistency in relation to materials, texfure, color, (h) roof shapes, (1) walls of continuity, (j) scale of a building, and (k) directional expression of a front elevation. The following items should be considered for revisions to the proposed application: (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. While it is understandable that the applicant may want to provide a "clear and uninterrupted view" to the Intracoastal Waterway, the large picture window on the . rear elevation on the second floor, along with all other windows throughout the structure, with the exception of the smaller, fixed windows, should contain divided lights. Amulti-light window would be a more appropriate choice, while still maintaining the vista. Otherwise, the large, single-paned picture window is not appropriate to the style. (g) Relationship of Maferials, Texfure, and Co/or.~ The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures wifhin a historic district. Overall this requirement has been met. However, an additional detail should be provided. Coping around the parapets would be an appropriate detail while maintaining a minimal appearance. Overall, the proposed structure is visually compatible with the historic structures within the Marina Historic District with respect to size, scale, mass, and architectural style. Most notably, the second floor has been minimized alleviating the impact on the historic streetscape and surrounding properties, while the first floor massing has also been broken up to provide a combination of roof types and styles such as flat with parapet, gable, and hip. The Delray Beach Historic Preservation Design Guidelines makes recommendations towards compatibility of new construction. The subject application meets those guidelines. However, the guidelines also point out important details relevant to the Mediterranean Revival/Spanish Eclectic styles such as: coping, and multi-light windows. The Secretary of the .Interior's Standards for Rehabilitation recommend the following with respect to new construction: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible ?1 s S~ 7ir AsserUe C!~1~ 2GG"r"_~r~ PaC7f,: F: ;~( r3 with the massing, size, scale, and architectural features fo protect the historic integrity of the property and its environment. (Standard 9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard 10) WAIVER'ANALYSIS ~ The minimum required lot size for development with the R-1-AA zone district is 9,500 square feet. The existing lot size is 8,409 square feet. Therefore, the applicant has submitted a waiver request to the minimal developable lot size requirement. Section 4.1.4 Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (C) Except for single family residences subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7(8). Notice of the request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the waiver is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission For properties located within designated historic districts, or designated as historic sites, or properties listed on the Local Register of Historic Places, the Historic Preservation Board shall review the request prior to the City Commission meeting and shall forward its recommendation on the request to the City Commission. Notification of the request shall be as described above, except that the mailing of the notices shall occur no later than ten (10) calendar days prior to the meeting before the Historic Preservation Board. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has submitted the following in support of the waiver: "...currently used as a single family home, ...Both 213 SE ~h Avenue and 706 SE 2"d Streef were purchases by the same individual during the 2006 year. The intent of the owner is fo develop both lots individually, and maintain fhem as single family homes." `?? .~ :.i~ ~~rl ~~IL' f .". fs~ jfi .l{i iJ ' 1:7~ The proposed structure is being developed as asingle-family residence, and is in compliance with the zone district requirements, with the exception of the lot area. The R-1-AA zone district requires minimum lot size of 9,500 square feet. The subject property to be developed contains approximately 8,409 square feet. The redevelopment of the subject property containing a lot area less than the required minimum would not adversely affect the neighborhood, as asingle-family residence currently exists on the property. The circumstances surrounding the waiver requirement only affect the applicant because the abutting property to the rear is under the same ownership. Based on the above, a positive findings can be made with respect to LDR. Section 2.4.7(6)(5), Waiver Findings. CONCLUSION - - - --- The proposed two-story, single family dwelling, designed in the Mediterranean Revival style, not only reflects a traditional style of architecture found within the Marina Historic District but is also visually compatible with the surrounding properties. This structure could be deemed a conforming structure today and a contributor in fifty-years. However, the existing structure could be deemed a contributor tomorrow upon resurvey of the district, as it would add to the existing historic building stock. Based on the analysis throughout the report, positive findings can be made with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to conditions. -~ ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2007-069) and waiver request for 213 SE 7t" Avenue, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the Certificate of Appropriateness for (2007-069) and waiver request for 213 SE 7t" Avenue, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E}(6), 4.5.1 (E){7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION By Separate Motions: Waiver Request Recommend to the City Commission approval of the waiver to LDR Section 4.1.4(C), which requires that properties shall not be developed except in accordance with the minimum lot area requirements of the district, based on a positive finding with respect to LDR Section 2.4.7(8)(5). Demolition Approve the Certificate of Appropriateness for demolition of the existing structure located at 213 SE 7c" Avenue, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(6), and 4.5.1(F). 1~C""LJ ~~v'"4• ~.. ~., ,, - lit ., ,.. !_ £: F4~i ~.i ~J ~'~~17W ~" Qi ~ ! New Construction Approve the Certificate of Appropriateness (2007-069) for the new construction of asingle-family dwelling located at 213 SE 7th Avenue, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That the landscape plan is approved by the City Horticulturalist prior to certification; 2. That the windows contain amulti-light configuration with both horizontal and vertical muntins; 3. That all site plan references to the swimming pool and spa be removed; 4. That a five foot (5') right of way dedication to City Commission on SE 7th Avenue is made prior to plan certification; 5. That gate details are submitted and contain measurements and material notes; 6. That coping is added to the parapet features throughout; 7. That exterior lighting specifications are submitted; 8. That all hardscape materials are noted on the landscape and/or site plan; Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: ^ Survey • Site Plan ^ Streetscape Neighborhood Evaluation (Per Applicant) ^ Proposed Floor Plans ^ Roof Plan ^ Proposed Elevations ^ Door and Window Schedules ^ Existing Photographs S.E. ~~y~~e~~~~~ ~~t ~~.~~~~~ J Q F- (~ Q U Q F- z I ~ Q W t- Q A AR IN GRAHAM ~,~~~° I~~~ R D. D z a F w z Q OI N 213 SE 7TH AVENUE ~- LOCATION MAP CITY OF DELRAY BEACH, FL ® SUBJECT PROPERTY PLANNING Ec ZONING DEPARTMENT -- DlC/TAL Q4SE MAP SYSTEM -- MAP Kth: LM`JC/ Sher 7-~12 (Sketch of Survey) SCALE: I'=3G' W 3 ~ 2 LL1 a O Q O ~, v t~ LLJ C1~ Adverse Conditions • Please note fire follorrnng: • FENCE CROSSES NORTHERLY PROPERTY LINE FIR i12" - 0.3' ao -~ O ON PL - FIR 314' Landtech Surveying otters services Ihrarghout the Slate of Fkvda. 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' .~i~l ' ~. ,;-, ~, ~. -~ e ^ ~ ~X. 1~ ~Y .:>:.ri / I . 1 ~ f, ' My / C 1 ~~r~ ~_,~-: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~~/ FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF APRIL 3, 2007 RESOLUTION N0.25-07 DATE: MARCH 30, 2007 This is before the Commission for the approval of Resolution No. 25-07 which supports Senate Bill 606 as proposed in the 2007 Legislative Session concerning authorization of a local option $2.00 rental car surcharge for the South Florida Regional Transportation Authority (SFRTA) as a recurring funding source for SFRTA and urging Governor Charlie Crist to sign the proposed legislation, if adopted, in order to provide fox needed additional revenues for SFRTA. The Commission is also requested to approve and authorize the Mayor to sign the attached letter to SFRTA supporting their efforts to expand their service. Recommend approval of Resolution No. 25-07. S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 25-07.doc RESOLUTION N0.25-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, SUPPORTING SENATE BILL 606 PROPOSED IN THE 2007 LEGISLATIVE SESSION CONCERNING AUTHORIZATION FOR A LOCAL OPTION $2.00 RENTAL CAR SURCHARGE AS A RECURRING FUNDING SOURCE FOR THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"); URGING GOVERNOR CHARLIE CRIST TO SIGN THE PROPOSED LEGISLATION, IF ADOPTED, IN ORDER TO PROVIDE FOR NEEDED ADDITIONAL REVENUES FOR SFRTA WITH REGARD TO ITS OPERATING AND MAINTENANCE EXPENSES; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Delray Beach desires to express its support for proposed Senate Bill 606 (Senator Geller-sponsor) from the 2007 Legislative Session in order to provide for an additional, recurring funding source for the South Florida Regional Transportation Authority (SFRTA); and WHEREAS, the City Commission specifically supports alocal-option, $2.00 rental car surcharge as a recurring funding source for additional SFRTA revenues so that the SFRTA may continue to provide for the effective and efficient, planning and operation of a regional transportation system servicing both Palm Beach County and all of South Florida's citizens and visitors; and WHEREAS, the City Commission desires to formally support proposed 2007 Senate Bill 606 to the extent that a $2.00 rental car surcharge is specifically provided for by the legislation so that this bill's language cannot be construed in any way to be supportive of a property tax hike nor to pledge in any way the full faith and credit of any local government. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH: Section 1: The City Commission of the City of Dekay Beach hereby supports Senate Bill 606, as proposed by the 2007 Florida State Legislature and urges Governor Charlie Crist to sign this legislation, if adopted, so that it will become effective. Such legislation is supported to the extent that it specifically provides for alocal-option, $2.00 rental car surcharge as a recurring funding source for the South Florida Regional Transportation Authority for operation and maintenance; and in no way does the proposed legislation pledge the full faith and credit of the state or any local governments. Section 2: The City Commission of the City of Delray Beach requests that a copy of this resolution be sent to Governor Charlie Crist, Senate President Ken Pruitt, and House of Representatives Speaker Marco Rubio, all municipalities in Palm Beach County, and all legislative staff or gubernatorial staff members who will be addressing this issue. Section 3: This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED in regular session on this day of 2007. MAYOR ATTEST: Ciry Clerk 2 RES. NO. 25-07 March 25, 2007 Commissioner Bruno A. Barreiro Chair South Florida Regional Transportation Authority 800 NW 33`~ St., Suite 100 Pompano Beach, FL 33064 Dear Commissioner Barreiro: I would like to take this opportunity to thank the SFRTA for its consistent efforts to meet the needs of the Delray Beach community. We consider the SFRTA to be a valuable partner. We are pleased that growing numbers of our residents, commuters, and visitors are choosing to use the Delray Beach Tri-Rail station. Reliable and convenient transit is increasingly important to the economic well being of our community. We support the plans of the SFRTA to expand its services and we support the idea of dedicated funding. Traffic congestion is bad for business, inconvenient for visitors, and hurts the quality of life of our residents. The growth of transit in our area is an important solution and we applaud your efforts to provide commuters, shoppers, and visitors with an alternative to traffic congestion. Sincerely, Rita Ellis Mayor S:\City Clerk\LE1'I'ERS 2007\SFRTA Letter of Supportdoc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE SUBJECT: AGENDA ITEM # ~ . ~ - RED RESOLUTION NO.26-07 DATE: MARCH 30, 2007 This is before the Commission for the approval of Resolution No. 26-07 which supports the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the Florida East Coast (FEC) Corridor areas to expand local and regional passenger service in that area to meet the growth transit needs and complement freight industry growth in the Southeast Florida area. Recommend approval of Resolution No. 26-07. S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Resoluuon Agenda Memos\Res 2G-07.doc RESOLUTION NO.26-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL TRANSPORTATION AGENCIES TO RECOMMEND STRATEGIC INVESTMENT IN THE FLORIDA EAST COAST CORRIDOR AREAS TO EXPAND LOCAL AND REGIONAL PASSENGER SERVICE IN THAT AREA TO MEET THE GROWING TRANSIT NEEDS AND COMPLEMENT FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA. WHEREAS, in 1995, a collaboration of freight operators and the Florida Department of Transportation (FDOT) completed the "Rail Rationalization Study" and recommended long-term planning for both the South Florida Rail Corridor (SFRC) and Florida East Coast (FEC) Corridor, including double tracking of the SFRC and the concurrent, public investment in the FEC Corridor, and to consider implementation of passenger service within the FEC Corridor; and WHEREAS, in 1997 and 1998, cities and counties in the Southeast Florida region began to meet on a continuing basis to approve resolutions asking state and federal transportation agencies to negotiate with the Florida East Coast Industries, Inc., (FECI) for inclusion of passenger service within its corridor; and WHEREAS, the FDOT 2020 and 2025 Mission Statements call fox safe, interconnected statewide transportation systems that ensure mobility of people and goods for Florida's citizens and visitors; and WHEREAS, the FDOT and its affiliated regional offices are required to expand and enhance rail systems in Florida to respond to statewide mobility needs; and WHEREAS, the FEC Corridor right-of--way represents an important and strategic transportation corridor that provides vital freight and transportation rail services to and from South Florida; and WHEREAS, the trend in economic growth along the FEC Corridor continues to increase, resulting in the building of compact residential and commercial development, including the accommodation of tens of thousands of new residents and hundreds of thousands of square feet of office space within walliing distance of the corridor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH: Section 1: That FDOT and its affiliated agencies involved with the Regional Transit Authority (RTA) are strongly encouraged to define specific and detailed baseline local and regional passenger services needed for cities and unincorporated areas along the FEC Corridor area where tremendous compact growth is underway. Section 2: That FDOT is encouraged to recommend the full funding of the needed transit service expansion within and along the FEC Corridor areas to the extent that passenger services can be added without negatively affecting current or future freight operations. Section 3: That FDOT is encouraged to work with local governments to develop financing mechanisms that benefit eastern communities and advance near-term development of the necessary transit services in the FEC Corridor. Section 4: That FDOT is encouraged to work with local governments to develop complementary land use plans and local development regulations to develop communities that are best served by transit. Section 5: That the City Clerk is directed to forward a copy of this Resolution to all government agencies involved, including County Commissions and officials involved in regional transit planning, the RTA and its membership, the Florida League of Cities, municipalities and Chambers of Commerce within the South Florida area, SFRC and FECI and their affiliates at the air and sea ports. PASSED AND ADOPTED in regular session on this day of 2007. MAYOR ATTEST: Ciry Clerk 2 RES. NO. 26-07 OMEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE ~. SUBJECT: AGENDA ITEM # . ~ -REGULAR MEETING OF APRIL 3, 2007 BID AWARDS/E C STOKES MECHANICAL CONTRACTORS, INC./FARMER & IRWIN CORPORATION DATE: MARCH 30, 2007 This is before Commission to consider approval of bid awards to E.C. Stokes Mechanical Contractor Inc., recond lore bidder, as primary contractor and Farmer & Irwin Corporation, third low bidder, as secondary (back-up) contractor in an estimated annual cost of $25,500.00 for plumbing services and repairs for various city buildings. The staff is not recommending award to the low bidder due to their location. Funding is available from various departmental operating budgets. Recommend approval of bid awards to E.C. Stokes Mechanical Contractor Inc., second low bidder, as primary contractor and Farmer & Irwin Corporation, third low bidder, as secondary (back-up) contractor in an estimated annual cost of $25,500.00 for plumbing services and repairs for various city buildings. S:\City Clerk\AGENDA COVER MEMOS\City Manages Memos\city mu~ageis memo Bid Awed 04.03.07.doc MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager THROUGH: Joseph Safford, Finance Director DATE: March 20, 2007 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING APRIL 03, 2007 -BID AWARD -BID #2007-23 PLUMBING SERVICES & REPAIRS - ANNiJAL CONTRACT Item Before Commission: City Commission is requested to approve bid award to E.C. Stokes Mechanical Contractor Inc., second low bidder, as primary contractor and to Farmer & Irwin Corporation, third low bidder, as secondary (back-up) contractor for the annual contract for Plumbing Services and Repairs for various City Buildings located in the City of Delray Beach for an estimated annual cost of $25,500. Background: Bids were received from three (3) vendors on March 06, 2007 all in accordance with City purchasing policies and procedures. (Bid #2007-23. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Works is not recommending award to the low bidder, Gray Plumbing and & Mechanical Contractor, due to their location, but is recommending award to E.C. Stokes Mechanical Contractor as primary contractor based on past performance and experiences with their services and Farmer and Irwin as secondary (back-up) contractor for the annual contract for Plumbing Services and Repairs for various buildings located in the City of Delray Beach. See attached a-mail dated March 20, 2007. recommendation: Staff recommends bid award to E.C. Stokes Mechanical Contractor Inc. as primary contractor and to Farmer & Irwin Corporation as secondary (back-up) cornractor for the annual contract for Plumbing Services and Repairs. Funding from various department's operating budgets. Attachments: Tabulation of Bids Memo from Deputy Director of Public Works Page 1 of I Rooney, Jackie From: Schmitz, James Sent: Tuesday, March 20, 2007 8:10 AM To: Rooney, Jackie Subject: FW: Plumbing Service Contract From: Schmitz, James Sew: Friday, March 09, 2007 2:01 PM To: Hasko, Richard Subject: Plumbing Service Contract Low bid, Gray Plumbing: I am concerned with the low bid because they are based in Miami and their references are from Miami and Coral Gables which leads me to believe that most of their business is pertormed in that area. I am not comfortable with them being an hour or more away depending on traffic in the event of an emergency. Next bid, E.C. Stokes: we have been using Stokes for years and we have a good working relationship with this company. I would like to continue to use them as our primary plumbing contractor. Next bid, f=armer and Irwin: Mark Harrell used to tie the service manager for E.C. Stokes, he and lead plumber Gary Crosier have left Stokes and are now working for Farmer and Irwin. Mark and Gary have always, for maybe 10 years now, set up out tennis tournaments and have a very good working knowledge of our tennis center property and related plumbing system. I would like to recommend Farmer and Irwin as our secondary plumbing contractor so that we can utilize them for our tournament setup. James Schmitz Deputy Director of Public Works Environmental Services Department Office (561)243.7334 Fax (561 j243.7314 e-mail schmitz@ci.delray-beach.fl.us 3/20/2007 MEMORANDUM TO: James Schmitz, Deputy Director of Public Works FROM: Jacklyn Rooney, Purchasing Manager THROUGH: Joseph Saffori~ance Director DATE: March 07, 2007 SUBJECT: Review Tab Sheet Plumbing Services and Repairs, Annual Contract Attached is the tabulation of bids for Bid #2007-23 "Plumbing Services and Repairs, Annual Contract", and copy of all bids received.. Please review and forward to Purchasing your award recommendations and I will prepare the agenda for Commission approval. If you have any questions, you may reach me at ext. 7163. cc: Richard Hasko, Director of Environmental Services Attachments: Tabulation of Bids Copies oi~Proposals Received CITY OF DELRAY BEACH BID #2007-23 PLUMBING SERVICES AND REPAIRS ANNUAL CONTRACT Item Desch ion GRAY PLUM8IN 8 MECHANICAL E. C. STOKES MECHANICAL CONTRACTOR FARMERS ~ IRYVIN CORP. URLY RATE flF LABOR• A. 7:30 a.m. - 4:30 .m., Monda - Frida 1. Plumber Joumeyman (Rate per hour) ate rear est. 200 hrs. $55.00 /hr. $11,000.00 $68.00 /hr. $13,600.00 $70.00 /hr. /hr. $14,000.00 2. Plumber Apprentice (Rate per hour) ate r ear est. 20 hrs. $28.00 /hr. $560.00 $53.00 /hr. $1,060.00 $55.00 /ttr. /hr. $1,100.00 B. After Hours Overtime-Emer enc Calls 3. Plumber Joumeyman (Rate per hour) ate rear est. 12 hrs. $82.50 /hr. $990.00 $102.00 /hr. $1,224.00 $105.00 /hr. /hr. $1,260.00 4. Plumber Apprentice (Rate per hour} ate r ear est. 4 hrs. $42.00 /hr. $168.00 $79.50 /hr. $318.00 $82.50 /hr. /hr. $330.00 11. PERCENTAGE MARK-UP tPARTS AND MATERIALS 5. Percentage mark-up Amount rear est. $6,000 x mark u % 10% $600.00 50% $3,000.00 50% $3,000.00 6. Total annual cost for materials + mark-u $6,600.00 $9,000.00 $9,000.00 GRAND TOTAL (Items 1, 2, 3, 4, and 6) s19,3f8.00 =25,202.00 X25,690.00 Comments/Exceptions: REF:s:lfinancelpurchasinglplumbing.~ds13/6/2007 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: April 03, 2007 Date: March 20, 2007 ~C Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve award of Bid #2007-23 to E.C. Stokes Mechanical Contractor tnc. as primary contractor and to Farmer & Irwin Corporation as secondary (back-up) contractor for the annual contract for Plumbing Services and Repairs for various City Buildings located in the City of Delray Beach for an estimated annual cost of $25,500. ORDINANCE/RESOLUTION REQUIRED: YES NO _. Draft Attached: YES NO Recommendatlon: Approve award to E.C. Stokes Mechanical Contractor inc. as primary contractor and to Farmer & Irwin Corporation as secondary (back-up) contractor for the annual contract for Plumbing Services and Repairs for various City Building located in the City of Delray Beach for an estimated annual cost of $25,500. Funding from various department's operating budgets. ~~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (ff applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes :.~' SS No Funding alternatives: (if applicable) Account Number. Account Description: Account Balance: City Manager Review: `~ ~~~;.,,, Approved for agendar~'~ Hold Until: No Allende CooMinator Review: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~. FROM: CITY MANAGER _ SUBJECT: REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 30, 2007 Attached is the Report of Appealable Land Use Items for the period March 19, 2007 through March 30, 2007. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Also attached are the Historic Preservation Board Staff Reports for items 2 and 3 listed under the Historic Preservation Board meeting of March 21, 2007. I am especially concerned about item 3, the Certificate of Appropriateness approved for 206 SE 2"d Street. This 11,709 square foot house will be by far the largest single family home in the Marina Historic District. It approaches twice the size of the next largest home we are aware of in the district. Staff does not see how it can possible be considered compatible in terms of mass and scale with other homes in this District. This house will be precedent setting, and will undoubtedly be used as justification for building additional similar size houses in the Marina Historic District. I urge the Commission to appeal this decision and give consideration to not approving this COA. Secondly, staff is concerned about the addition proposed at 238 SE 2"d Avenue. Coincidentally REG shows this property as one of their test studies for the new Historic Preservation Design Guidelines. Their test showed how an addition could be made to the rear of the historic structures so that the historic structure would still be visible from the street, preserving both the streetscape and the historic front elevation of the property. While we recognize that REG's design was not done in consultation with the property owner, we believe it does demonstrate that an addition in the rear, possibly using a setback waiver, could be done. Staff believes this option needs to be seriously explored. Recommend appeal of the COA's for 206 SE 2"d Street and 238 SE 2"d Avenue, and that the Commission receive and file the balance of the report. S:\Ciry Clerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2007 Appealable Agenda Memos\apagmemo 040307.doc CITY COMMISS{ON DOCUMENTATION TO: DAVID T~G~ N, TY ANAGER THRU: PAUL DORLING, AICP DIRECTOR OF PLANNING D ZONING FROM: JASMIN ALLEN, PLANNER ~~~~~""~ ~~~~~ SUBJECT: MEETING OF APRIL 3, 20 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 19, 2007 THRU MARCH 30, 2007 ACTION REQUESTED OF THE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of March 19, 2007 through March 30, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. PLANNING AND ZONING BARD MEETING OF MARCH 19, 2007 ~ No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: ^ Recommended approval with conditions (7 to 0), of a conditional use request to allow the establishment of a vehicle repair facility in conjunction with the manufacturing of automotive parts for Jay Putnam Enterprises, located north of West Atlantic Avenue, between the CSX Railroad and I-95 (1700 Depot Avenue). ^ Recommended approval with conditions (7 to 0), of the abandonment of the East 20 feet of Old Dixie Highway, adjacent to Lot 19, Delray Beach Estates and located approximately 200 feet south of Gulf Stream Boulevard. Recommended approval (7 to 0), of aCity-initiated amendment to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property and where allowed provide time limits for removal. City Commission Documentation Appealable Items Meeting of April 3, 2007 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF'MARCH' 28, 2007` A. Denied (4 to 0, Mark Gregory, Carolyn Farnham and Frances Bennett absent), a request for a color change for Shore Restaurant, located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). B. Approved (4 to 0), a request for a color change for Apogee of Delray Beach, an existing multi-family development located on the south side of NE 14th Street, east of NE 2"d Avenue (268 NE 14th Street). C. Approved (4 to 0), a request to extend the Class V site plan approval (expires September 23, 2008) for Ocean Terrace Townhomes, a proposed 6-unit townhouse development, located on the west side of Palm Trail, approximately 172' north of Bond Way (1206 Palm Trail). D. Approved (4 to 0), a request to extend the Class V site plan approval (expires May 11, 2009), for a Class V site plan for Miraflores, a proposed 46-unit multi-family development, located on the east side of SE 1 S` Avenue, approximately 76 feet of SE 1St Street. HISTORIC PRESERVATION BOARD MEETING OF MARCH 21, 2007 1. Approved with conditions (6 to 0, Joanne Peart absent), a request for a Certificate of Appropriateness associated with the previously installed accordion shutters for a contributing structure located at 305 North Swinton Avenue within the Old School Square Historic District. 2. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness for the construction of a two-story garage/guest suite at 238 SE 7th Avenue within the Marina Historic District. 3. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness for the construction of a new 11,709 sq. ft. single-family dwelling, located at 706 SE 2"d Street within the Marina Historic District. 4. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness associated with the demolition of anon-contributing structure and construction of a new 2,737 sq. ft. single family dwelling, located at 213 SE 7th Avenue. Concurrently, the Board recommended to the City Commission approval of a waiver to the minimum lot size from 9,500 sq. ft. to 8,409 sq. ft. ~- RECOMMENDED ACTION By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA SPRAB HPB A. SHORE RESTAURANT 1. 305 N. SWlNTON AVENUE 8. APOGEE OF DELRAY BEACH 2. 238 SE 7TH AVENUE C. OCEAN TERRACE TOWNHOMES 3. 706 SE 2ND STREET D. MIRAFLORES 4. 213 SE 7TH AVENUE _, _, _ ,_ ciTYUMirs ., _ _, _ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING 6 ZONING DEPARTMENT APRIL 2007 DIGITAL BASE MAP SYSTEM- - ~- pneareucn NFAmericaCiry ~~I~~,~ „~.,, _~,~,~ HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Authorized Agent: Eliopolous Architecture, Inc. Property Owner: Mr. & Mrs. Dan Dietrich Project Location: 238 SE 7"' Avenue, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-098 UEINAY B[ACH aHan~~caca, ~l~~~ ,~~~,, <<,~, ITEM BEFORE: THE BOARD The item before the Board is consideration of a Certificate of Appropriateness for the construction of a two-story garage/guest suite at 238 SE 7th Avenue, Marina Historic District pursuant to LDR Section 2.4.6(H). BACKGROUND The subject property consists of Lot 15 and the South 10 Feet of Lot 16, Gracey-Byrd Subdivision of Block 119, City of Delray Beach. The zoning for the property is R-1-AA (Single Family Residential). The original structure is classified as contributing to the historic building stock of the Marina Historic District. In an updated 1999 Florida Master Site File Survey, it is noted that "although it has undergone modifications, it still maintains its integrity and represents the historic architecture of the area." The old City Clerk Tax Cards indicate that the original structure located on the property was built in 1937. The wood frame structure was originally owned by Fontaine Fox, author of the "Toonerville Trolley" cartoon strips. The structure located at 610 North Ocean Boulevard, listed on the Local Register of Historic Places, is named "Fontaine Fox House". Building records also indicate that he owned and developed the three lots located directly to the north. The builder of those lots was S.G. Owens, who developed many properties along SE 7`h Avenue. In 1998, the Historic Preservation Board approved the construction of a two-story addition to the northeast corner of the structure, which is primarily located on the front (east) and side (north) elevations. Subsequent to the construction of the aforementioned addition, the applicants were approved for the historic preservation tax exemption. The tax exemption, applicable to improvements to contributing structures and their properties, was effective January 1, 2000 and will end on December 31, 2009. There are no additional Board or administrative actions on file regarding this property. The subject application requests consideration for the construction of a two-story garage with guest suite. In anticipation of the submittal, the applicant and/or agent met with Staff on a number of occasions regarding the subject proposal. Staff opined to the applicant and agent that a more appropriate and compatible solution would be to place an addition to the rear of the existing structure and that if variances to the rear and side setbacks would be necessary, they would be supported by Staff. It was the applicant's and/or agent's opinion that the structure does not contribute to the Marina Historic District. However, if that were the case, the approved . ,~ ,tic~~i would not have been available for the property owners to take advantage of, as _ ~~: iE~fit strictly limited to improvements to contributing structures. . -PROJECT DESCRIPTION ' 4:, . - ~ ;?~~~ation consists of the construction of a two-story, accessory structure containing a ~-.rage on the lower level, and one-bedroom guest suite on the upper level. The ,- tc : ~ - ~~, proposed to be located approximately two feet seven inches (2'7") from the front ,° the existing structure, and is to be situated on the front and side interior setback =~ ~~., ~ tG~otage is calculated as follows: _ :; ,+~~rint -- 730.75 ;, s .:~iceor - 390 `.sec ~~~nd Floor - 390 ",n~,iEw°Pd Carport - 255 : ,:-~ xiriish is a combination of smooth stucco on the first story, with a "smooth fiber +° wap siding" (imitation wood siding) on the second story. The roof is proposed to be r 5-V crimp metal seam roof. A stairway with aluminum rail is proposed on the -; rear (west) elevation while an attached carport is located on the side- (north) +:.;~ wood columns and beams will support the carport and also be located on the =_ t-ation providing a covered entry for both the garage and guest suite. All windows ''o be casement type and will be impact resistant and made of aluminum. a~~s~irum window shutters are proposed at all windows throughout. Decorative ,;;a s are located at the gable ends. :+ ~ olor scheme is as follows: °~iill Finish :-. Sr~utters, Doors, Trim, & Fascia -White - - 1" Story -Gray (To match exposed concrete block foundation of existing structure) - ~"`" Story -Yellow (To match existing color of existing structure) =?? ,,~ . ~ Nhi e :.::o I-leaders and Sills -Gray ;a~,~~~red curb cut and drive is proposed to extend through the carport and terminate as a - ~=+v of i:c; the existing structure and stairway at the proposed structure. It also curves over y_, -Moor opening, which faces SE 7~' Avenue. Atwenty-foot (20') wide, gravel drive ~.:xv~-:rids from the street to the existing structure. _ _ ~_ ANdLYSIS --;.~:-';:rED FIN®INGS ;,,; rhensive Plan ,,::~. of ±i1e objectives and policies of the adopted Comprehensive Plan was conducted and ~~~~ applicable Objectives and Policies were noted: i; :.AND IdSE ELEMENT: 1 #~ ~v .3 -+EC' .. .... GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Element Objective A-12.1 of the Comprehensive Plan, offers that to assist the residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Future Land Use Element Policv A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit size and scale of new homes to be consistent with the existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Coastal Management Element Policv B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policv C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi- family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. DESIGN ELEMENTS LDR Section 4.5.1(E)(7) and 4.5.1(E}(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for new construction. (E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Inferior's Standards for Rehabilitation. as amended from time to time. See analysis of applicable Standards below. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in the exterior appearance of any existing Pic ~=y _ ... non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, Texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. The above LDR states that the construction of new buildings shall be generally compatible with the location of historic sites adjoining or reasonably approximate to the new construction. There are no accessory structures located in such a manner that the historic building is completely obscure from the historic streetscape. Therefore, the location is not compatible and the intent of this LDR has not been met. (E)(8) Al! improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: (a) height, (b) front facade proportion, (c) proportion of openings (windows and doors), (d) rhythm of solids fo voids: front facades, (e) rhythm of buildings on streets, (t) rhythm of entrance and/or porch projections, (g) consistency in relation to materials, Texture, color, (h) roof shapes, (i) walls of continuity, (I) scale of a building, and (k) directional expression of a front e/evafion. The following items should be considered for revisions to the proposed application: (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. There are no other accessory structures situated as is the proposed structure and it would not be appropriate to compare the proposed structure with the principal structures within the district. Therefore, there is no visual compatibility that may be found with respect to this requirement. (e) Rhvfhm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. The principal structures along the west side of SE 7`h Avenue are significantly set back from the street. However, there are no other accessory structures situated as is the proposed structure and it would not be appropriate to compare the proposed structure with the principal structures within the district. Therefore, there is no visual compatibility that can be found with respect to this requirement. (i) Rhvfhm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. Garage doors are not found along SE 7~h Avenue. While some might be located at the front of the property, they are situated to the side elevation. Regardless, it would be more appropriate to locate the garage doors to the rear of the property, as there is an improved alleyway, which could be taken advantage of, while retaining the front yard. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or nondirectional. The proposed structure's directional expression of the front elevation is clear. However, it is not visually compatible with the surrounding properties as the exposure of garage fronts are not historically places along the streetscape on SE 7~h Avenue. The following is suggested by the Delray Beach Historic Preservation Design Guidelines regarding new construction and accessory structures: • Avoid obscuring or destroying characteristic features of the original building. While the proposed development is not added onto the existing historic structure, it would obscure or destroy those features as viewed from the streetscape. • New accessory structures should compliment the principal building, and should be located to either the rear or the side of the principal building. While complimentary, the proposed new construction sits directly in front of what is left of the original structure, as seen from the street. It is in no way situated to the side or rear of the principal building. • Accessory structures should not block any portion of the front facade of the principal building. The proposed new construction is situated directly in front of the principle building. • By (heir very nafure, the role of the accessory structure is subordinate fo the principal building. While the use of the proposed new construction may be subordinate to the principal building, its location and setting dominates the property. The proposed new construction does not meet the intent of the guidelines as noted above. The Secretary of the Interior's Standards for Rehabilitation suggest the following: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces That characterize a property shall be avoided. (Standard 2) The historic character of the property will be destroyed with the construction of the accessory structure directly in front of the historic (principal) structure. The relationship of the property to the historic streetscape will be significantly altered. • New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize fhe property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) While visually compatible, the proposed new construction will cause the character of the property to be lost, further compromising the integrity of the property. The subject development proposal does not comply with the above noted Standards which should have been taken into consideration by the applicant. LDR Section 4.3.3 (Q), regarding Guest Cottages, states the following: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises (2) The structure shalt not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. The proposed garage/guest cottage appears to be in compliance with this regulation with the exception of the front setback due to the required five foot (5') dedication (See below). r'ut,e i, f ; Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for SE 7th Avenue is 60'. Currently 40' of right-of-way exists for SE 7tt' Avenue. However, the Development Services Management Group (DSMG) reviewed the application at their February 8, 2007 meeting and waived the 60' requirement, but required the right of way to expand to fifty feet (50'). Therefore, afive-foot (5') dedication (half the distance of the difference) is required. - -- --- C CONCLUSION The existing structure is significantly setback from the front property line. However, this is typical of the historical development patterns within the Marina Historic District. Unfortunately, due to the construction of an addition not consistent with the review criteria, there is a minimal amount of the historic front facade which is visible from the streetscape. The proposed structure would be located directly in front of that remaining portion, further obstructing any view of the contributing structure. The analysis provided throughout the Staff Report clearly shows that the proposed structure does not comply with the required review criteria. Therefore, positive findings cannot be made with respect to the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. _ _ -1 ALTERNATIVE ACTIONS ~ A. Continue with the following direction: 1. That the plan is revised to show a five foot (5') dedication along SE 7th Avenue; 2. That the location of the. new construction is revised to observe the front setback; 3. That the French Door note relating to the upper window on the west elevation be corrected; 4. That the stair rails are made of wood; 5. That shutter-dog hardware be provided; 6. That paint chips are provided; 7. That the garage door material is specified; 8. That the shutters are made of wood, and; 9. That. the structure is revised to comply with the required review criteria; B. Move approval of COA 2007-098 for 238 SE 7tt' Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of COA 2007-098 for 238 SE 7tt' Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Motion to be phrased in the affirmative. See above) RECOMMENDATION . „~ Deny COA 2007-098 for 238 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above) Report Prepared by: Amy E. Alvarez, Historic Preservation Planner. Attachments: • Location Map • Survey • Site Plan • Elevations • Floor Plans • Photographs • 1999 Florida Master Site File BRUCE CARTER SC ASSOCIATES, INC. ~~~II~~I LAND SURVEYORS LAND PLANNERS 1580 N.W. 2nd AVE., SUITE 5, BOCA BATON, FAORIOA PHONE (305) 395-6495 ~~5~~~~ WEST PALM {305) 848-8455 SKETCH OF SURVEY .~ ---- ,~ - FOR Daniel Dietrich _ 9 ~~ - - CERTIFIED TO: ID ' IS - - /`.. / Daniel Dietrich, -----~- -- Greentree Mortgage Corporation of Florida, Inc. and/or its successor II ~ ~4 i ~ and assigns and --___. ___ w Title U . S . A . .---------- _ __ -----------~ y. I~ -- --- --• t -- 13 SCALES Ire= 30' S.~• 3 ST. N o•fF M /~- ~' 6~ ~k --- A-7G vEC~~Y sysTE~ - ~----~ ~~A«EY 1~ DESCRIPTION: jv -'$,_--_ Go.-o C Pa%+: Lot 15 and the South 10 feet of Lot 16, GRACEY-BYRD SUBDIVISION OF BLOCK 119 CITY OF DELRAY, according to the Piat thereof, as recorded in Plat-Book 10, Page 52, of Palm Beach County, Florida. Said lands situate, lying and being in Palm Beach County, Florida. This. property is located_.in Flood Zone •~X'~ per Community Panei ~ 125102 0004 D revised Jan. 5, 1989 N\ t0 f~ Vi s3 Pw o- a o !9.5 b i~ y/;Z3R 0.3 w, I s*Y ` F,,a,s E I ~%~' FLoo~Q 4r it .. ,sL. g.ss /3.SG m/z.45 _ h /~.! o~ 1 ~ 1 G ' /s.1:8' o ' ~ } N h d- M ; ~ I, &8'~ tZ' i, o~•y. 3~ l0 4 H~ N~ V~ V ~• 3 '% /s.o . ~.6 /s ......, ~i*~IO ,u u• . Il~~• ~. Ys ........... 0 v ... 1t r .wn... nt.. z ~' .... 1 •-. ~:~~:...~ ~bS~ _oC~S FT ~ " ~P. ---'--~ o ti° - 'So 89' ,~ Fo. i \..n~a i _ _ _ f0~ - L o. 0 ~- - ~ /P. _ / _ . . ., o ~o.r..*j4 .. i 0 r~ h , q;~ es- ~L.. CERTIFICATE hereby CERTIFY that the attached sketch of survey of the above described property is true and correct to the best of ftly knowledge -and belief as surv9yed under my direction in FE ~ R v Av h~ 19~. DATED: February 25, 1986 ?'>+ss SX+i«r' ~ ~J02 VsiiC ~ 4~3:r'C ~5 f;' ~',rr r, .;a^ - v.=..may+:~~.: ; i BRUCE N. CARTER REGISTERED LANG SURVEYOR NO 2963 STATE OF FLORIDA HIS sketch is the property of BRUCE CARTER 9 ASSOCIATES,INC. and shall not be reproduced In whole or part without permission of Me above in wrllin _ UPDATES and/or REVISIONS DATE BY CK'O NOTE The undersigned onG BRUCE CARTER O ASSOCIATES,INC. make no UO-p _ Z• 5_J ,BC / C, representations or guarantees os to theinformdion reflected hereon pertaining to .~ L.~vI~7 SONS $-/0-~8 ~G, L~ easements,rights-of-way,sefbock lines,ieservotions,oveomants and other 9imila matters, and further, this instrument is not intended to ref Ied or set forth all such matters. 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Recorder # 366 --_ Update ~ Consult Guide To Historical SWcture Fortns for detailed instructions Recorder Date 2/1999 Site Name 238 SE 7th Avenue Other Names None Project Name Delray Beach Survey ~ Planning Project Historic Contexts Depression/New Deal National Register Category Building Address 238 SE 7th Avenue Vicinity of SE 3rd St and SE 2nd St on W City Delray Beach County Patm Beach Ownership Private Subdivision Block # Lot # USGS Map Delray Beach 1962 PR 1969 & 1973 Townshi 46S Range 43E Section 16 Quarter SW Qtr Qtr SE Irregular Section ~ UTM Zone 1.7 Fasting 0593097 Northing 2926450 Land Grant Unknown Latitude Longitude Ptat or Other Map Palm Beach County Aerials FBI; ~ ~ R Architect/Builder Mark Vigneault (1999 renovations) Construction Date 1937 Circa Gs Alterations ~ Date c. 1999 Type/Location windows replaced Additions ~jj. Date c. 1999 TypelLocatiorr two-story addition added to the northeast comer ed ~ Original Location ~~,__ final Use(s) .Private Residence Present Use(s) Private Residence _ e O£YT ' ~ =L i. Style Split-Level Exterior Plan L-shaped Interior Plan Unknown Stories , 2 Structural System Wood Frame Exterior Fabric Weatherboard Foundatio .Pier Foundation Materials Concrete Foundation Infil Concrete Block No. of Porches 1 Locations/Features east: hipped porch supported by wood posts (inside the "L") .Dormers ~ NumberlLocation Outbldgs. ~ Number 1 Nature/Location (Describe below) One-story wood frame shed to the northwest Roof Type Cross-Gable Roofing Materials 5-V Sheet Metal Secondary Structures ~ Comments/Location Chimneys ~ Number 1 Orientation South Location Walt, Exterior Material Brick Wood Windows ~ Type DHS Light # 616 Metal Windows L; Type Light # Exterior Ornament Cornerboards, Rafter Tails, Vents, Shutters Condition Excellent Surroundings Residential Narrative (general, interior, landscape, context; 3 lines only) This building has been significantly altered by the replacement of windows and a large two-story addition which obscures the original structure. Flat wood trim surrounds the windows and triple French doors are located in the entryway. This building was originally a common example of 1930s residential construction. r .geological Remains Present. ~ ; None Observed FMSF Archaeological Site Form. Completed (if yes, attach) Printed Friday,luly 09, 1999 ~ ~ image 2 HISTORICAL STRUCTURE FORM Site # PB1oz7o Consult Guide To Historical Structure Forms for detailed instructions ,. `~-- -= ~- ~_- ~ 4 ...: Insufficient In~f Eligible for National Register. Yes No Likely, Need lnformatio ~ ormation C Significant as Part of District? Yes ~ No ~ Likely, Need lnformatio ~ Insufficient Information Significant at Local Level? Yes ~ No ~ Likely, Need lnformatio ~ Insufficient Information Areas of Significance Community Planning And Development Summary of Significance This late-1930s residence is considered a contributing resource within the Marina Historic District. Although it has undergone modifications, it-still maintains its integrity and represents the historic architecture of the area. This residence is considered ineligible for listing in the NRHP on an individual basis or as part of a historic district. i;esearch Methods Sanborn maps, Plat maps, Local & County Historical Societies ~ a tiblio~graphic References Location: City of Delray Beach; 100 NW 1st Avenue ocation of Negatives City of Delray Beach; 100 NW 1st Avenue Negative Numbers :ecorder Name Amy Groover, Jo-Anne Peck, Susan Hochberg 9874-24;21;W .ecorder Affiliation JANUS RESEARCH, 2935 First Avenue North, St. Petersburg, Florida 33713 Telephone 727-821-7600 ,. REQUIRED: '1. USGB 7.5' MAP WITH STRUCTURES PINPOINTED::°IN RED ' 2: LARGE SCALE STREET OR PLAT MAP 3. PHOTO OF:MAIN'FACADE, PREFERABLY B&W, AT LEAST 3x5 _. Printed Friday, July 09, 1999 1y .e~% = %~ _ ~- ~~ ~~ "-' _ _~ .~ r. ~ - ~/ ~:. ~~ `f c- • _ - h p 5, W-e =J~;' " `~ -!: •:" `~_~ °.°. "~ z ~ ~~~ '~ USGS Delray Beach, Fla. Quadrangle !' y ~ t •: a ~; ~ ,,; ~ k . ~ ~_ ~ 7 Pine R=dge~ - ~ ' : ~ ~~ ~~ ~' SSE ~`e _ T~ 1 ,. - Cem~ ~ .~ I • ~~~= ~~ ~ -~__ .", . -;~,;.~c, _;~ , ~~r a „e 3 7.5 Minute Series (Topographic) I I ~~ y r.~ Ba ~ 1Q 3 ~' ~ Igo ': i ~ ~~ _~~ ~: •;; ; ~ ~_ ~, ~~. ~ ~~ _ =~ ' 1962, Photo. rep=ised 1969 and 1973 > I~ u ~ r •.~ -:_ °-~~-- ~iF ~ ~'' Scale 1:24 000 ...... , ~' u t ' ,1 ~; ~~~~ ~~n I~• _ ..~~~ •: ,~~, ' Ire: ~ . .aa ~: ' 1;7t1TC}G Phi ~ ~~ _ .`~^ U J L ~+ rW V J rC~^ V J -o 0 N O ^ N N A ~~ DELRAY BGCH aEare~kaciry 1I~~~', 1~3 ?Olr t HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT OELRAY BEACH al-mica Gry ,.~~.~ iyv; 2601 Property Owner: Dana Parham Authorized Agent: Mark Krall Applicant: Francisco Perez, Project Architect Property Address: 706 SE 2"d Street, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-070 - _ -- ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA 2007- 070) associated with the new construction of asingle-family dwelling located at 706 SE 2nd Street, Marina Historic District pursuant to Land Development Regulations (LDR) Section 2.4.6(H). -- BACKGROUND The subject property consists of Lot E less the east 148.3 feet of the north 145.6 feet,. The Moorings, Delray Beach, and is zoned R-1-AA. The Moorings is a 1943 resubdivision of the Blank-Nichols Subdivision (circa 1925, within Block 127). The Moorings subdivision reconfigured twelve (12) fifty foot (50') wide lots into five (5) larger lots. Lot E was later redivided into two (2) lots, creating the subject "flag lot" which has access from SE 2"d Street. The subject property is bound by five different properties as well as the Intracoastal Waterway. Access to SE 7~n Avenue is not available to this lot. A 2,163 square foot contributing, one-story, Cottage style single-family dwelling previously existed on the lot. At its meeting of August 17, 2005, the Board approved a COA request to demolish the aforementioned structure. At the time of review and based on available records, there was some confusion as to when the structure was built; a 1986 survey suggested that it was originally constructed in 1936, while the Property Appraisers website suggested 1956, and the building record card suggested 1936, 1951 and 1971. The building was demolished in October 2005. Upon review of the demolition application by the Board in 2005, one of the criteria the Board took into consideration was whether there were definite plans for the immediate reuse of the property. The owner at that time stated that, while not submitted for review, immediate plans were being made for the reuse of the property, with the construction of a new dwelling. The Staff Report that the Board reviewed at that time stated the following: It should be noted...that the design of the new dwelling will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation to the surrounding area...Demolition of the dwelling will not have an adverse effect on the Marina Historic District as it cannot be seen from the public right-of--way. However, it can be seen from the Intracoastal Waterway and, as such, any new structure will have to be compatible with the other waterfront properties in the district. X36 S~ 2``' r~,~.en,;r rr:A ;-133 fyie2 rc ..<, ,:-~ ~" ='a,~~~2cf: There are no other Board actions on record. The current application requests consideration to approve the new construction of a single- family dwelling. It is important to point out that the applicant met with Staff prior to application submittal. The applicant inquired about the review criteria and its applicability to the subject property. As previously noted, the subject property is a "flag lot" and is not directly located on a street within the Marina Historic District. Staff's reply to that inquiry was that it was unknown how the elevations would be reviewed and noted that the proposal was rather large. Upon application submittal and further consideration, it was clear that the required review criteria was applicable, athough it might be applied in a different manner as special circumstances exist. There are no other "flag lots" within any of the city's five (5) historic districts. A follow-up meeting between Staff and the consultants occurred with much of the discussion focused on compatibility. Therefore, as a way of looking at volume in an objective manner, Staff relayed that the proposed Floor Area Ratio (FAR) and the average FAR of the immediately adjacent properties also abutting the Intracoastal Waterway significantly differed. Details of the analysis are provided below. While the consultants argued against the FAR analysis and its use, Staff suggested that additional or different data be submitted to prove the case for compatibility. That information was not submitted. PROJECT DESCRIPTION The subject property contains approximately .5162 acres or 22,487 square feet, and is vacant. It is bordered by five other lots within the Marina Historic District, which face either SE 7th Avenue or SE 2"d Street. Two of those properties, along with the subject property, are also bordered by the Intracoastal Waterway: 200 Marine Way, located directly to the north, and 219 SE 7'" Avenue, located directly to the south. The proposed, two-story, single-family dwelling contains the following: • 8,129 square feet under-air, and 11,709 total square feet; • a one-story, three-car garage and two-story, two-car garage with guest suite above; • a 29% lot coverage and 52% Floor Area Ratio (FAR); • complete landscape plan with associated landscaping information, and; • swimming pool and spa. The access for the subject property is taken from SE 2"d Street, where a metal gate is located between the properties at 200 Marine Way (identified as "remainder of Lot E on Site Plan) and 203 SE 7th Avenue. A brick paver drive leads to the principal portion of the property, which, as previously noted, is surrounded by a total of five different properties as well as the Intracoastal Waterway. The front of the property is considered the west, while the east, which is located on the aforementioned waterway, is the rear of the property. The proposed structure, whose height extends to thirty-four feet (34') at its highest peak, will contain approximately 6,645 total square feet on the first floor and approximately 5,062.5 total square feet on the second floor. A mix of one and two story components make up the structure. The west elevation, also considered the front of the structure, contains two separate garages, which face inward into a brick pavered motor court. While both garages contain multiple spaces, there are five individual doors for each of the five spaces. A combination of window types and styles may be found throughout: arched, casement, fixed, picture, sidelight and transom. All windows are proposed to be aluminum-clad wood. The picture windows, many of which are flanked by casement style sidelights, are primarily located on the east elevation (rear), to take advantage of the water views. ~~ ICiii SF ' ;~ . ^« . - i~'rSP~ >_ ~ ~ ._ .:E Exterior finishes include smooth stucco walls, barrel the roof, wood soffit and fascia, and decorative tiles. The color scheme is a cream body with an olive finish for the windows. --- - ANALYSIS' (Note -All LDRs and recommendations referred to from the Delray Beach Historic Preservation Design Guidelines have been cited as they presently exist. All structures or properties referred to as contributing are classified as such on the circa 1988 Marina Historic District Map) COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The applicable development standards for the R-1-AA zone district that relate to the proposal are as follows: Building Height Maximum Setbacks Front"'` Side Interior (North) South Rear Open Space Minimum A_ Ilowed/Required Provided 35' 34"` 30' 10' 10' 10' 30' 10' 14'9"' 10' 25% "Measured from ground level to highest peak. ""Front of property taken from west property line. Pursuant to LDR Section 2.4.6(H)(5), the Board must make Appropriateness which is to be approved is consistent wit pursuant to Objective A-4 of the Future Land Use Element specifically with the provisions of LDR Section 4.5.1. 47% a finding that any Certificate of h Historic Preservation purposes of the Comprehensive Plan and Future Land Use Element Objecfive A-4• The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Policy A-4.7: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designafed as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines" LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic disfricf shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as amended from time to time. See applicable Standards noted below. Hf-~rsP1 rr ,?~~, E-'cf7~ 4 ;1' ~. (E)(7) The consfrucfion of new buildings or structures within a designated historic districf shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in fhe exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to fhe non-contributing building, structure, or site. The proposed structure, as noted above, requires general compatibility with the historic buildings adjoining or reasonably approximate to the proposed (non- contributing) structure. According to the original designation map of the Marina Historic District circa 1988, the subject property is abutted by two contributing structures (209 and 219 SE 7`h Avenue) while five others are within close proximity (160 Marine Way, 200, 214, 222, 228 SE 7`h Avenue). With respect to the more impacting requirements such as proportion and mass, the proposed structure is not found to be generally compatible. Further analysis is provided below. (E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streefs, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following components of the aforementioned review criteria require further consideration and revisions: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. The height of the subject application is within the maximum allowed height of thirty-five feet (35'). However, when looking at the surrounding structures (both contributing and non- contributing) within the 200 block of SE 7`h Avenue of the Marina Historic District, the proposed dwelling contains a larger and more massive appearance. The surrounding properties do contain second-stories. However, their scale and massing do not call attention to their additional heights. It should be noted that, while the proposed application incorporates one-story elements, it also contains approximately forty-three percent (43%) of the total square footage on the second floor. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship fo the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. The front elevation in this case is the west elevation. While the west elevation contains a more massive appearance than those of the surrounding properties, it may not be highly visible from the public right of way, such as SE 7~h Avenue and SE 2"d Street. Regardless, an attempt should be made to provide a more prominent front entry and possibly detach the accessory structures. Further, the east elevation, which is situated on the Intracoastal Waterway, is clearly not visually compatible with respect the proposed width and height in relation to the other adjacent or surrounding buildings. Staff has conducted field visits to the surrounding area in addition to reviewing property data, and upon review of the existing conditions in comparison with the proposed structure, visual compatibility cannot be found. (f} Rhythm of Entrance and/or Porch Proiections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and fir, C r~ . "''` i i ~~,. structures within a historic district. While there are no sidewalks with a direct relation to the subject application, a general review of the entrance and porch projections is being made. The main entrance is significantly setback from the foremost wall plane, which is connected to the structure. This is not typical or appropriate to this style of architecture or for the historic structures. The main entry should be further emphasized, placing more prominence on its location. (j) Scale of a Building: The size of a building, fhe building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with fhe building size and building mass of historic sites, buildings, and structures within a historic district. When solely reviewing the proposed elevations and the attempt at visual compatibility with the surrounding properties, there is a clear difference between the two. The overall appearance of the subject application proposes a structure containing a vastly larger scale, mass, and volume. When compared to the historic structures, as the above noted review criteria states, there is an even clearer distinction. However, the table below takes the data of all other structures located within the -same block of the subject property and compares the existing conditions with the proposed structure. When attempting to objectively relate structures with one another and take into consideration their lot size compared with the structures size, a Floor Area Ratio (FAR) may be established. The average FAR in the sample area noted below is 18.1 %. The FAR of the proposed structure is 52%, a 287% increase. Address Year Built Number of Stories Lot Size Square Footage FAR 200 Marine Wa 1929 2 20,855 3,319 16% 706 SE 2" Street* --- 2 22,487 11,709 52% 203 SE 7 Avenue 1954 1 10,032 2,031 20% 209 SE 7` Avenue 1950 1 9,497 1,212 12.8% 213 SE 7` Avenue 1951 1 8,409 1,571 18.7% 219 SE 7` Avenue 1935 2** 32,418.8 5,656 17.4% 229 SE 7` Avenue 1991 1 27,386 3,067 11.2% 237 SE 7 Avenue 1989 1 21,399 4,074 19% 711 SE 3` Street 1989 1 12,632.4 3,820 30% "Subject property *'Principal Structure contains 2 stories, accessory structure contains 1 story. The Secretary of fhe Inferior Standards for Rehabilitafion recommends that: New additions, exferior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiafed from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and ifs environment. (Standard #9) The overall volume of the proposed structure is not in keeping with the above noted Standard. While clearly differentiated from the old, the historic integrity of the Marina Historic District is not protected. The visibility from SE 7`h Avenue and SE 2"d Street may be minimal; however, the property is highly visible from the Intracoastal Waterway and the land to the east. In addition, the abutting properties will be highly impacted, as the mass of the proposed structure will tower over them. One could speculate that a structure of this size has the possibility of creating a "domino affect" of larger development within the 200 block of SE 7`h Avenue, as has happened in the 300 block of SE 7t`' Avenue, creating a difficult situation for the smaller scaled properties on the west side of the street, and compromising the integrity of the historic district, as a whole. ~~s r ~ ~: ~.. ,1 t ~c; r u~~~ ~:. ~r ; The Delray Beach Historic Preservation Design Guidelines recommend the following with respect to new construction: The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. All new construction should compliment the historic architecture of the district. While the style may be appropriate, the large mass, scale, and volume is not complimentary. The character of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. - --- - '' ASSESSMENT & CONCLUSION The City has recently conducted a comprehensive review of the LDRs as they pertain to the review of new development within the city's five (5) historic districts. The comprehensive review was a direct result of large-scaled development proposals that were inappropriate, out of scale, and not visually compatible to their respective historic districts. The subject proposal contains those same elements that forced the city into asix-month moratorium, and as such, requires a great deal of revision. Visual compatibility is the main determinant in the review criteria required by the Board for the properties within the districts, and it has clearly not been achieved. In the Staff Report for the demolition, the Staff assured the Board, as well as the public, that "the design of the new dwelling will be required fo meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation fo the surrounding area'; and "any new structure will have to be compatible with the other waterfront properties in the district." With that, it was demonstrated in the FAR table that compatibility with the waterfront properties was not a factor in the subject proposal. While one may argue that the waterfront properties within the 300 block are compatible with the subject proposal, those properties are neither in close proximity nor are they examples of compatible development within the historic district. Existing out of scale development does not allow for certain design liberties to take place for new development, nor is it relevant to the visual compatibility requirements of the LDRs and guidelines. It must be noted that while the LDRs do not require that applications maintain an FAR consistent or compatible with that of the surrounding areas, it is suggested that this would be an appropriate starting point at providing a more compatible development within the Marina Historic District. A reduction in the second story is clearly necessary. Additionally, one-story elements with setback second story walls should be implemented to break up the mass on the east elevation; the views would remain, while the impact would be reduced. There is a wonderful rhythm that the properties within the Marina Historic District create along the Intracoastal Waterway, and the application, as proposed, would permanently interrupt that rhythm. The application should not be approved as submitted. While it does not meet any of the required review criteria for visual compatibility, it could, essentially, be denied. However, in addition to an overall revision, Staff recommends that the application is continued with direction. The main points noted throughout the report are not new to the applicant, authorized agent, or developer, as they met with Staff during a preliminary meeting regarding the overall development. However, Staff received notification that the application would move forward for review by the Board as originally submitted. Therefore, based upon the analysis above and contained throughout the Staff Report, positive findings cannot be made with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1 (E){8)(a-k), f"~F'`7 L, ._ _~ ~ .. the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ___- _ _ __ _ ALTERNATIVE gCTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. _ -- --- ~_ .~ _~ - _ - - RECOMMENDATION -- _ _ - - - Continue the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the following direction: 1. That the property survey is revised to show the distance to the centerline and crown of road; 2. That the types of windows and their finish are noted within the window schedule; 3. That the overall scale and mass are reduced to provide a more visually compatible development; 4. That the east elevation is broken up to provide one-story masses while setting back the second story; 5. That the east elevation is broken up to provide a less massive appearance with one and two story elements; 6. That the entry is revised to be more prominent; 7. That consideration is given to separate the garagelguest cottage to provide an accessory structure; 8. That the windows contain multi-light configuration, rather than single panes of glass; 9. That the picture windows are divided and contain muntins; 10. That the parapets contain coping; 11. That windows appropriate to the style are used with more decorative elements; 12. That all wall-mounted lighting specifications are submitted; Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Aftachments: • Location Map • Survey • Proposed Site Plan, Elevations, Floor Plans, and Landscape Plans • Photos of property and surrounding properties from across Intracoastal Waterway and SE ~h Avenue S.E. E. A V E N U E >- Q W ST. Q INGRAHAM 0 J 1 Q F- z a ~ w z W Q ~ O C U Q ~ F- BUCIDA RD. z Z J ~ W c~ - o a Z N a a W J N O MELALEUCA R0. A T L A N T I C Q w w > > a a 1ST a ~ 2ND vi ~ ~ ~ 4, ''~ l~ 0 0 Q Q >~> Q N 706 SE 2ND STREET -"!" - 12-43-46-16-12-000-0051 - CITY OF DELRAY BEACH, FL ®SUBJECT PROPERTY LOCATION MAP PLANNING do ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM986 Sheet 2 0(2 (Sketch oISurvey) - See Sheet I ol2 fa legal De• 5[ IR Sra• SCALE:I'=40' - - 0`' \~. Q 0 \~~~ 0.6' ~ ~ I ~ I O v ~; N I ) \\~ I.0' I v t, \~ \~. Cedificalions, Property and other Survey refaled Bala. SURVEY IS NOT COMPLETE W! BOTH SHEETS. 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[ ( t 1 s : mZp f ~ r ~ s r c ~i ~ T f Q 3 D m .a g Z ~ :~ rg sa ~e 5 ~~~ 4~ ~ ~$E 8 .1 m I ~. ~~; ~Y'A =~~ ~~€~tg~tg ~ €$ i$E~Y p b ~~~`~ . ~9~€5 $g €~=F ~~ ~~`~p ~~ jg~;~k •~'~~ay ~{~3Y ~~.~ ~~3x S g~~ :c~ f yE '~S ~ s= :i ~~ Fs e ~ ~` ~~ 3 €' s°s=°s 3 =~x € '~~g5 ~~: ~ €~~~ ~$~+~a3~ ~~~ yC ~ • ~ O ~ z SgLs'Sa '~~ C7 ni __ ~ - a N i o$ Or !-0j A -~ R3ao Ba Smo T ^~ v [7~ Ya r~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER;/ SUBJECT: AGENDA ITEM # ~ ' ~ - RESOLUTION NO. 20-07 (SECOND READING/SECOND PUBLIC HEARING) DATE: MARCH 30, 2007 This is before Commission for second reading and second public hearing to consider approval and adoption of Resolution No. 20-07 designating the area within the boundaries of the Carver Square Redevelopment area of the Community Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. At the first reading on March 20, 2007, the Commission passed Resolution No. 20-07. Recommend approval of Resolution No. 20-07. S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 20-07 Second Reading Second Public Hearing.doc [IT~f OF UELHp4 BEp[H CITY ATTORNEY'S Of FILE DELRAY BEACH All-America City 1 ~ DATE: ® TO: 1993 2001 FROM: 'viii ~`~~' I~~ AVI-:V'.'~ . Syr-1_R,aY BEACH, FLORIDA 33444 ilI.I:YII~ )ti F:: ~t : ~, ~ ~[,~!:~ • t-,1CS[MILE: 56U278-4755 Writer's Direct Line: 561/243-7090 MEMORANDUM March 9, 2007 City Commission David T. Harden, City Manager r Terrill C. Barton, Assistant City Attorney '~~` SUBJECT: Resolution 20-07 The attached resolution is requesting that the City designate certain portions of Carver Square Redevelopment Area as a CRA Brownfield Area for rehabilitative purposes. Please place the resolution on the City Commission agenda for first public hearing for March 20, 2007 pursuant to the Florida Brownfields Redevelopment Manual, which provides that in order for a resolution to be adopted designating an area a Brownfield Area, it must comply with the public hearing regulations under Section 166.041(3)(c)(2), Fla. Stat. TCB:smk Attachment cc: Chevelle Nubin, City Clerk 10G RESOLUTION NO. 20-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE AREA WITHIN THE BOUNDARIES OF THE CARVER SQUARE REDEVELOPMENT AREA OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) A BROWNFIELD AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Brownfields Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat. (2002) (Act) provides for local governments to designate by resolution areas consisting of one or more brownfield sites as "brownfield areas" for the purposes of environmental remediation, rehabilitation and economic redevelopment; and WHEREAS, the City of Delray Beach, Florida, desires to designate, pursuant to the Act, approximately 2.4 acres of the Carver Square Redevelopment area of Community Redevelopment Agency (CRA) as delineated in the attached map, as a brownfield area to secure the benefits accruing under the Act; and WHEREAS, per Florida Statutes ~ 376.79(4), a CRA may be declared a brownfield area; and WHEREAS, brownfield designation will enable property owners to voluntarily use State Brownfield Programs for environmental remediation, rehabilitation and economic redevelopment; and WHEREAS, the City has complied with the procedures outlined in the Act and has provided notice as required by Sec. 166.041(3)(c)2, Fla. Stat. (2006). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ection 1. The foregoing recitals are hereby ratified and confirmed as true and correct by the City Commission of the City of Delray Beach, Florida, and incorporated herein. Section 2. Pursuant to the Act, the 2.4 acre area generally described as the Carver Square Redevelopment Area of the Delray Beach Community Redevelopment Agency (CRA) on the map attached hereto as Exhibit "A" and more particularly described herein as: Lot Legal Description Progert~Control Number 11 Carver Square Lot 11 12-43-46-17-31-000-0110 12 Carver Square Lot 12 12-43-46-17-31-000-0120 13 Carver Square Lot 13 12-43-46-17-31-000-0130 14 Carver Square Lot 14 12-43-46-17-31-000-0140 15 Carver Square Lot 15 16 Carver Square Lot 16 17 Carver Square Lot 17 18 Carver Square Lot 18 18 Carver Square Lot 19 20 Carver Square Lot 20 21 Carver Square Lot 21 22 Carver Square Lot 22 23 Carver Square Lot 23 24 Carver Square Lot 24 25 Carver Square Lot 25 26 Carver Square Lot 26 28 Carver Square Lot 28 29 Carver Square Lot 29 30 Carver Square Lot 30 is hereby designated a brownfield area. 12-43-46-17-31-000-0150 12-43-46-17-31-000-0160 12-43-46-17-31-000-0170 12-43-46-17-31-000-01 80 12-43-46-17-31-000-0190 12-43-46-17-31-000-0200 12-43-46-17-31-000-0210 12-43-46-17-31-000-0220 12-43-46-17-31-000-0230 12-43-46-17-31-000-0240 12-43-46-17-31-000-0250 12-43-46-17-31-000-0260 12-43-46-17-31-000-0280 12-43-46-17-31-000-0290 12-43 -46-17-31-000-0300 Section 3. The CRA, as the Person Responsible for Brownfield Site Rehabilitation, shall notify the Florida Department of Environmental Protection (FDEP) of the decision to designate the Carver Square Redevelopment Area of the Delray Beach Community Redevelopment Agency (CRA) a Brownfield Area. Section 4. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this day of April, 2007. MAYOR ATTEST: City Clerk First Reading Second Reading 2 RES. N0.20-07 Q ~ ~ L ~ ~ _ ~3 ~ o ~~ as m ~~ ~ a, V H O O ~. EXHIBIT "A" M'S _~! i ~f1N~nd H1L 'M'S ~(1N~nd H18 'M'S '~ll~ H16 i 'M'S W W ~- ° f ~~i CITY COMMISSION DOCUMENTATION TO: DA D~ N, TY MANAGER THRU: PAU DORLjNG, AICP (RECTOR OF PLANNING & ZONING FROM: RO LD R. HOGGA AI P, PRINCIPAL PLANNER SUBJECT: MEETING OF APRIL 3, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY, AND WHERE ALLOWED, TO PROVIDE TIME LIMITS FOR THEIR REMOVAL. ITEM BEFORE THE BOARD The item before the City Commission is approval of aCity-initiated amendment to the Land Development Regulations to provide clarification to the code provisions for certain types of signs. BACKGRQUND /ANALYSIS On January 2, 2007, the City Commission approved Ordinance 78-06, which repealed the old sign code and enacted a new sign code to comply with recent case law from the Eleventh Circuit Court that found that the regulation of signage cannot be based on sign content. The new code removed (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions. Additional changes were also implemented at that time in order to make the sign code more user-friendly. The purpose of the proposed City-initiated amendment is to provide additional clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of-way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of- way contiguous to public property. When located within public rights-of-way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. PLANNING AND ZONING BOARD CONSIDERATION The text amendment was considered by the Planning and Zoning Board on March 19, 2007. No one from the public spoke on the issue. The Board discussed the Ordinance and recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. t~~ 12A City Commission Meeting of April 3, 2007 Amendment to LDRs Pertaining to the Sign Code Page 2 RECOMMENDED ACTION By motion, approve on first reading Ordinance No. 14-07, amending Land Development Regulations (LRDs) Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for their removal, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on April 17, 2007. Attachments: • Ordinance No. 14-07 ^ Planning & Zoning Staff Report of March 19, 2007 ORDINANCE NO. 14-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 78-06 BY AMENDING SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON- COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY AND PROVIDE TIME LIMITS FOR REMOVAL; 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 March 19, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, sign types described herein are related in other ways to the functions they serve and the properties to which they relate [See Bond, Making Sense of Billboard Law: Justifying Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that the exercise of its police power for such regulation should not extend to objects such as artwork or temporary holiday/seasonal decorations that are not typically associated with or considered signage; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that it is not necessary to regulate and/or require permitting for certain sign-types not otherwise prohibited based upon the function they serve, and such sign-types include street address signs, nameplate/occupant identification signs, noncommercial onsite directional and parking signs, warning and safety signs, machinery and equipment signs, and garage-yard sale signs, as well as bulletin boards for zoned lots for public/semi-public uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapt er Four, "Zoning Regulations", Section 4.6.7(H)(8), "Residential" is hereby amended to read as follows: (8) Residential. (a) Residential Real Estate Signs: 1. One sign pex lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property, however, where a lot is bordered by more than one (1) street, one sign may be erected on each street; 2. One additional sign per lot may be erected on a lot which borders a waterway °~a ~~° r.... -~ ~° '~`~ provided that the additional sign is located along the waterway . Such sign shall not exceed nine square feet (9 sq.ft.) in area; 3. All real estate signs shall be non-illuminated; ~ 4. An additional sign or "rider" sign, of not greater than three square feet (3 sq.ft.), may be attached to or accompany a real estate sign. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(9), "Window Signs", is hereby amended to read as follows: (9) Window Signs. 1. Plastic or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. 2. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate window area, per tenant space. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(10), "Temporary Signs", is hereby amended to read as follows: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1 Temporary non-commercial signs may be placed on public rights-of-ways contiguous to private property Such signs shall not be placed in medians or on portions ofrights-of--way contiguous to publicly owned proper 2 ORD NO. 14-07 2. Each temporary non-commercial sign within a public right-of--way shall be removed within ten (10) days after the date of event, election or referendum. If said signs are not removed prior to the expiration of the ten (10~da~period the sign shall constitute an abandoned sign and the City shall remove the sign. 3. ~ No temporary non-commercial sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. ~4. Any temporary non-commercial sign in the public right-of--way shall not exceed three square feet (3 scl.ft). No temporary non-commercial sign shall be placed on any public property. Si~n~may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 5. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. MAYOR ATTEST: City Clerk First Reading: Second Reading: 3 ORD NO. 14-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: MARCH 19, 2007 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON- COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY, AND WHERE ALLOWED, TO PROVIDE TIME LIMITS FOR THEIR REMOVAL. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to provide clarification to the code provisions for certain types of signs. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. "BACKGROUND /ANALYSIS On January 2, 2007, the City Commission approved Ordinance 78-06, which repealed the old sign code and enacted a new sign code to comply with recent case law from the Eleventh Circuit Court that found that the regulation of signage cannot be based on sign content. The new code removed (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions. Additional changes were also implemented at that time in order to make the sign code more user-friendly. The purpose of the proposed City-initiated amendment is to provide additional clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of-way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of- way contiguous to public property. When located within public rights-of-way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5} (Findings), 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. IV. D. Planning and Zoning Board Memorandum Staff Report, March 19, 2007 Amendment to LDRs Pertaining to the Sign Code Page 2 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide clarification to the code provisions for certain types of signs that do not require a permit. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the. City Commission, amendment to the Land Development Regulations (LRDs) Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), '11Vindow Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for their removal, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: • Proposed Ordinance CITE QE DEL~~~ BEACH CITY ATTORNEY'S OFFICE ~`i"~.~E } }~~;;~~~~.~ 1~ = t~~ ~,,z -~, ~~~~~ 1 F`~~ °R~° ~~55~~ Writer's Direct Line: 561!243-7091 DELRAY BEACH All-America City 'DATE: 1993 T~' 2001 FROM: MEMORANDUM March 29, 2007 City Commission David Harden, City Manager Susan A. Ruby, City Attorney SUBJECT: Ordinance 15-07 This ordinance amends the General Employee Pension Plan and has the effect of permitting people to use 457 plan monies to purchase an increased multiplier benefit by buying additional credited service. This ordinance will not apply to persons covered by the unions until the impact is bargained. Ple a place th' ordinance on the City Commission agenda of April 3, 2007. SA Attachment Cc: Doug Smith, Assistant City Manager Joe Safford, Finance Director Karen Schell, Pension Coordinator Bruce Koeser, Human Resources Director James W. Linn, Esq. t ~ `~I 1za ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE AN ALTERNATNE METHOD FOR PURCHASING THE OPTIONAL ENHANCED MULTIPLIER FOR PERIODS OF PRIOR CITY EMPLOYMENT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 3S, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.093, "Retirement Income; Basis, Amount and Payment", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. * ~ (I~ Optional Enhanced 111ultipliex. (1) Notwithstanding any provision of the plan to the contrary, an eligible participant may elect a normal retirement benefit or early retirement benefit equal to three percent (3%) of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. Participants electing this enhanced multiplier shall thereafter contribute three and forty-five one-hundredths percem {3.45°10) of earnings to the Plan in addition to the participant contribution specified in Section 35.095, and shall receive the enhanced multiplier for future periods of credited service only. Such participants may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying into the Plan the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Such payment may be made by cash hunp-sum payment or by a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(bj of the Internal. Revenue Code (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code, a qualified trust described in Section 401(a) of the Internal Revenue Code Section or an annuity contract described in Section 403(b) of the Internal Revenue Code. Alternatively a participant who also participates in a Section 457(b) plan mawpurchase additional credited service in an amount sufficient to provide an additional benefit equal to the benefit produced by appl iyrn~e enhanced multiplier provided in this subsection to some or all periods of continuous service prior to the date of the election. b~payin~ into the Plan the full actuarial cost of such additional benefit, plus the full cost of any actuarial or other professional services required; with payment for such alternative purchase made by a duect transfer from the participant's 457fb1 account. * ~ 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 operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bazgaining agreement or memorandum of understanding that includes the provisions of this ordinance. PASSED AND ADOPTED in regulaz session on second and final reading on this the day of , 2007. MAYOR ATTEST: City Clerle First Reading Second Reading 2 ~C: ~~~-~L~a~ ~N~ ~~ ~~~ Boca Raton/Delray Beach News -Monday, March 26, 2007 • www.bocanews.com 6 CITY OF DELRAY BEACH,FLORIDA NOTICE OF PUBLIC HEARING ro be Held April 3, 2007 at 7;00 PM AT DELRAY BEACH CITY HALL the City Commission of the City of lelray Beach will hoW a public near- ng on a proposed Development 4greement with Cannery Raw, :LC. this public hearing will be held on 4pol 3, 2007 at 7:00 p.m. in the City .^,ommissidn Chambers at City hall, lo- afed at 100 N.W. ist Avenue, Delray Oevelopment Agreement encom- ~ses an area located in the Pine- de Grove neighborhootl bounded the south by N.E. 3rd Street; on the ! st by N.E. Ist Avenue; on the nonh I N.E. 41h Street; and on the eas+ by E. 2nd Avenue. The Droposed :~=_e the property is residential ~awn- nes along with a community tar,~ity; projected population is 183; the posed building tlensity is 18.8 units acre; and the average of the m=.an gM of the project 5 35.8'. A copy of ~, development agreement may be ~.ained from the Delray Beach City !rk's Office located al 100 N.W. ist mue, Deray Beach. ease be advised that i1 a person de- I! es to appeal any decision made by ~' ! Cily Commission with respect to y mailer considered at this hearing, :h person will need a record of the '~ rceedings and for this purpose such rson may need to ensure Ihat a ver- tim record includes the lestimo• d evidence upon which the appea, to be haled. The City does not pro- le or prepare such record. Pursuant FS. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC CAy Clerk rblish: March 26, 2007 >ca RatonlDelray Beach News