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Agenda Reg 10-17-00CITY OF DELP, AY BEACH, OCTOBER 17, FLORIDA - CITY COMMISSION REGULAR MEETING 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug R~ndolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 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 are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Bo Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 2. 3. 4. 5. Roll Call.'. Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of September 19, 2000 Proclamations: Recognizing the Delray Beach Orchid Society's 10th Annual Show - October 27-29, 2000 Recognizing and commending the Ocean Rescue Lifeguard Competition Team on their achievements at the 2000 United States Lifesaving Association National Lifeguard Championships C. Florida City Government Week - October 22-28, 2000 Presentations: Recognizing Elizabeth Godwin, the local First Place winner in the Sister Cities International llth Annual Young Artist Competition B. Children's Services Council - November 7th Ballot Referendum Consent Agenda: City Manager recommends approval. ao RESOLUTION NO. 74-00: A resolution adopting the Unified Local Mitigation Strategy for the City of Delray Beach. RESOLUTION NO. 77-00: A resolution vacating and abandoning an unimproved right-of-way (labeled Kings Lynn) within the Plat of Lake Ida Manor, Addition No. 1, located west of N.W. 4th Avenue, based upon positive findings. This is a City-initiated action. RESOLUTION NO. 78-00: A resolution vacating and abandoning the north/south alley right-of-way located in Block 1, Re-Plat of Ida Lake Terrace, located on the north side of N.W. llth ~egul~r Commission Meeting October 17, 2000 Street between N.W. 2nd and 3rd Avenues, based on positive findings. This is a City-initiated action. Do RESOLUTION NO. 79-00: A resolution vacating and abandoning the north/south alley right-of-way located in Block 4, Re-Plat of Ida Lake Terrace, located on the north side of Grove Way between N.W. 2nd and 3rd Avenues, based upon positive findings. This is a City-initiated action. RESOLUTION NO. 80-00: A resolution vacating and abandoning that portion of the unimproved N.W. 14th Street right-of-way lying north of and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake Terrace, located between N.W. 2nd and 4th Avenues, based upon positive findings. This is a City-initiated action. Fo RESOLUTION NO. 81-00: A resolution authorizing the Community Redevelopment Agency to acquire certain property within Block 53, Town of Delray (commonly known as the Norris property) by gift, purchase or eminent domain. G. ACCEPTANCE OF GRANT AWARDS FOR PARKS AND RECREATION PROJECTS: Jo Accept two grant awards from the Florida Inland Navigation District (F.I.N.D.) and approve the associated project agreements for (1) grant award in the amount of $70,000 to assist with the purchase of the Odabashian property for boat ramp parking, and (2) grant award in the amount of $81,000 to assist with renovations and improvements to the City Marina. The project agreement for the land acquisition should be approved subject to closing on the property. ACCEPTANCE OF GRANT AWARD FOR POLICE PATROL BOAT: Accept a grant award from the Florida Inland Navigation District (P.I.N.D.) in the amount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on waterways within the City, and approve the associated project agreement. SITE LICENSE AGREEMENT/DELRAY PALM VIEW, INC.: Approve a site license agreement between the City and Delray Palm View, Inc. which provides for the City to install a receiver antenna for the 800 MHz radio system on the Hardrives tower located at 2101 South Congress Avenue. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREeMeNTS WITH TWO SUBRECIPIENTS: Approve and authorize the execution of two subrecipient funding agreements with MAD DADS ($52,000) and the Community Child Care Center ($18,000) under the Community Development Block Grant (CDBG) program for FY 2001, with total funding in the amount of $70,000 from 118-1966-554-83.01 (Other Grants & Aid/S52,000) and 118-1966-554-82.09 (Child Care Center/S18,000). -3- Regular Commission Meeting October 17, 2000 CHANGE ORDER #i/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING PROJECT): Approve Change Order #1 in the amount of $100,000.00 to the contract with Subaqueous Services, Inc. for the Tropic Isle Canal Dredging project, with funding from 448-5461-538-65.54 (Stormwater Utility - Tropic Isle Dredging). CONTRACT CLOSEOUT/METRO SERVICE CONSULTANTS, INC. (FIRE HYDRAND REPAIR AND MAINTENANCE): Approve closeout of the existing contract with Metro Service Consultants, Inc. for fire hydrant repair and maintenance, and liquidate two outstanding purchase orders in the total amount of $55,772.50 with the funds reverting to 441-5123-536-34.90 (Water & Sewer Other Contractual Services). CLOSEOUT CHANGE ORDER & FINAL PAYMENT/G.T.E. BUILDERS (COMMUNITY CENTER EXPANSION AND ROOF REPAIRS): Approve closeout Change Order #1 in the amount of $35,739.38 and final payment in the amount of $41,211.70 to G.T.E. Builders for completion of the Community Center expansion and roof repairs project, with funding from 334-6112-519-62.10 (General Construction Fund - Buildings). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development for the period October 2nd through October 13, 2000. Accept Boards O. AWARD OF BIDS AND CONTRACTS: Contract renewal with Air Liquide America Corp., via City of West Palm Beach bid, for the purchase and delivery of liquid carbon dioxide at an estimated annual cost of $51,000.00, with funding from 441-5122-536-52.21 (Water & Sewer - Chemicals). o Award in the total amount of $25,400.00 to Pressure Cleaning Services, Inc. for the cleaning (descaling) of the clarifiers, drains and cross-over piping at the Water Treatment Plant, with funding from 441-5122-536-34.90 (Water Treatment & Storage - Other Contractual Services). Purchase award in the amount of $18,200.00 under the City's annual contract with Southeastern Pump for the purchase of pumps and related equipment to be provided by the City in association with the Breezy Ridge Estates Improvements project, with funding from 441-5161-536-65.48 (W&S Capital Outlay Breezy Ridge Estates). Purchase award in the amount of $23,705.00 to Hydro Pumps, Inc. for the purchase of a replacement motor and electrical cable for the submersible pump at the aquifer storage and recovery facility, with funding from 442-5178-536-63.97 (W&S Renewal & Replacement - Raw Water Well Rehabilitation). Installation of the new pump and -4- ~egul~r Commission Meeting October 17, 2000 cable will be done by AMPS under our continuing contract for well rehabilitation. Contract award in the amount of $35,000.00 with Colonna Asphalt Restoration, Inc., via Broward County contract, for miscellaneous asphalt repairs and patching as a result of utility work within paved areas, with funding from 441-5123-536-34.90 (Water Distribution Other Contractual Services). o Contract award in the amount of $177,925.00 to RSI of Florida, Inc. for the re-roofing of both the first and second floor roofs of the Police headquarters building at 300 West Atlantic Avenue and the roof of the shooting range/fitness center building located just south of the Police headquarters building, with funding from 334-6112-519-46.10 (General Construction Fund Building Maintenance). 9. Regular Agenda: REMOVAL OF TEMPORARY STREET CLOSURE/S.E. 4TH STREET= Consider approving the removal of the temporary street closure at S.E. 4th Street between S.E. 6th Avenue (northbound Federal Highway) and S.E. 7th Avenue. (Postponed from August 15, 2000 to allow time for the Homeowners Association and staff to work out a mutually agreeable arrangement.) B. LEWIS COVE SWALES. SPECIAL EVENT REOUEST/1ST ANNUAL DELRAY BEACH THANKSgiVING ART FAIR: Consider a request for special event approval to hold the 1st Annual Delray Beach Thanksgiving Art Fair sponsored by Howard Alan Events on November 25 & 26, 2000, including a temporary use permit for street closure and staff support for traffic control and security. REOUEST FOR WAIVER (RECONFIGURATION OF NONCONFORMING LOTS IN DEL PARK SUBDIVISION): Consider Section 4.3.1(D) to allow the nonconforming lots to create new 1-3, Block 4, Del Park, located N.E. 13th Street and N.E. Seacrest/Del-Ida neighborhood. approval of a waiver to LDR reconfiguration of existing nonconforming lots for Lots at the southwest corner of 3rd Avenue within the E. REMOVED F. FULL SERVICE gRANTS WRITINg CONTRACT WITH LANGTON ASSOCIATES: Consider authorizing a Full Service Grants Writing Contract with Langton Associates, piggybacking on the Palm Beach Gardens contract. G. HOUSINg REHABILITATION CONTRACT AWARDS/ABISSET CORPORATION: Consider approval of two housing rehabilitation contract -5- ~egufar Commission Meeting October 17, 2000 awards through the State Housing Initiatives Partnership (SHIP) program in the total amount of $44,950.50 to Abisset Corporation as the lowest responsive, responsible bidder ($20,685 for 111 S.W. 8th Avenue/second low bid, and $24,265.50 for 11 S.W. 4th Street/low bid), with funding from 118-1924-554-49.19 (SHIP Program). RESOLUTION NO. 82-00: Consider approval of a resolution authorizing the City to acquire certain property known as the Odabashian parcel located on the east side of U.S. Highway #1, just south of Knowles Park between the Delray Harbor Club and Harbourside, and accepting the contract for sale and purchase. RESOLUTION NO. 76-00: Consider approval of a resolution authorizing the City to acquire Lots 10 and 11, Block 30, Town of Delray, located on the west side of S.W. 4th Avenue between S.W. 1st and 2nd Streets, and accepting the contract for sale and purchase. The lots are currently being used and will continue to be used by the City for stormwater retention. Jo APPOINTMENT TO T~E PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large representative to the Parking Management Advisory Board for a term ending January 31, 2001. The appointment will be made by Commissioner McCarthy. SETTLEMENT/MURPHY V. CITY OF DELP~AY BEACH: Consider a settlement offer in the referenced matter. 10. Public Hearings: ORDINANCE NO. 27-00: An ordinance changing the Future Land Use Map designation from MD (Medium Density Residential 5-12 units/acre) to CF-R (Community Facilities-Recreation), and associated rezoning from RM (Medium Density Residential) to CF (Community Facilities) District for the Delray Swim and Tennis Club facility located on the west side of Jaeger Drive between Dotterel Road and Egret Circle. QUASI-JUDICIAL HEARING AS TO ZONING CONDITIONAL USE REOUEST/TENNIS CENTER AT DELRAY RACQUET CLUB= Consider a request for conditional use approval to allow the use of the common recreational facilities (tennis courts and parking facilities) within the Laver's Delray Racquet Club Addition, located on the east side of Jaeger Drive between Dotterel Road and Egret Circle, to be operated in conjunction with City's swim and tennis facility located to the west. QUASI-JUDICIAL PROCEEDING 11. Co~unents 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. -6- Regular Commission Meeting · October 17, 2000 12. First Readings: Ao ORDINANCE NO. 28-00: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the City Code to provide for various changes of a procedural nature which were brought about by revisions made to Chapter 162 of the Florida Statutes this year. If passed, a public hearing will be scheduled for November 7, 2000. Bo ORDINANCE NO. 29-00: An ordinance amending Chapter 90, "Abandoned Property", of the City Code to provide for updated definitions, revisions to certain notice requirements and to provide for language as prescribed by Chapter 705 of the Florida Statutes. If passed, a public hearing will be scheduled for November 7, 2000. 13. Com~ents and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -7- MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Commissioners City Manager ADDITIONAL AGENDA INFORMATION October 16, 2000 Attached please find the following: 1. Minutes of the Regular Meeting of September 19, 2000, scheduled for approval at tomorrow night's meeting. 2. Additional information concerning the swale reconstruction project on Lewis Cove (Item 9.B.) 3. Item 9.E. is now ready and needs to be considered at tomorrow's meeting. 4. Re Item 9.F., copies of the three responses to Palm Beach Garden's RFP for grant writing services (in addition to the response from Langton Associates), as requested by Commissioner Schwartz. If you have any questions, please do not hesitate to contact me. DTH:kwg [lTV OF DELltfiV BERTH DELRAY BEACH AIFAmerio~ GiIy PROCLAMATION I~I-IEREA~ the American Orchid S ode~y is the largest spedal interest plant o~ganization in the world, with over 29,000 members in ! 17 countries; and I~I-IERE/J~ the Delrq Beach Orchid Sode~y, founded in 1975, is affliated with the American Orchid Sode~y and shares the puq)ose of promoting the enjoyment of and education concerning orchids, as well as thdr conservation and preservation in the wild; and [17-IEIIF_,AS~ the Delray Beach Orchid Sodet. y will hold it's 10~* Annual Show on October 27*, 28t* and 29, 2000, in the OM School Square gymnadum; and WI-IE~S, the Ddray Beach Orchid Sodqy's annual show is regarded as one of the best small shows in the state; and WHERF_dlS, this year's theme is I~OTE.t ORCI-IIDS 2tPaO in keqing with the upcoming Presidential election, and eve~.yone attending the show will have the opportunity to cast their vote for their choice of the most outstanding orchid in the show; and ~RF_eI$, partia~ating vendors and indt~idual hobbyists will enter displays portraying the show's theme and the orchids in these displays will be judged bj accredited Ameffcan Orchid S odqy judges. NOW, THEIIatgFORE, I, DA FID W. SCHMIDT, Mayor of the City of De~ray Beach, Florida, on behalf of the City Commisdon, do hereby encourage all dli~ens to come out and support the DEI-~.A Y BEA CH OR CHID SOCIETY'S c~V 'O T~./ ORCHID S to be hem at the Old School Square gymnasium on October 27*, 2g* and October 29, 2000. I2V I~r2f2%rE$$ ~ll~'OF, I have hereunto set my hand and caused the Offdal Seal of the City of Delray Beach, Florida, to be affxed this 17' day of October, 2000. DA VID IE $CHMIDT M_A YOR T~ E~=v~? A~,',~'s M-*TTERS (561) 243-3774 October 8~h, 2000 TO: Nilza Madden City Clerk's Office FROM: SUBJECT: Gloria Galloway Delray Beach Orchid Society Proclamation f~r the Society's 10m Annual Show Dear Nilza: Again my apologies for the delay in sending this to you. Our 10th Annual Show will take place in the Old ~chool Square Gymnasium on October 27m, 28m and 29m this year. This is our fourth year at this venue. This year's theme: ¥OTE! ORCHIDS 2000 - is in keeping with this year's national presidential election. Please refer to the attached Press Release for further details. The Delray Beach Orchid Society is a not-for-profit organization founded in 1975 and affiliated with the American Orchid Society (AOS), the national organization representing all 50 states. The Delray society holds monthly meetings at the Adult Recreation Center and sponsors an annual show inviting 12 vendors to participate. Each vendor enters a display portraying the show's theme and the orchids in these displays are judged by accredited judges of the AOS. The purpose of the society is to promote the education and enjoyment of orchids, as well as the conservation and preservation of orchids in the wild. Our show is regarded as one of the best small shows in Florida and last year more than 3,000 attended. So we are very proud to present something of enjoyment and beauty to our community. Should you need anything further, please call Julia Hamner at 496-3186 our show chair as I will be out of town from October 11m through the 14m. T~hank/u again, Nilza, for your kindness and patience. Delray Beach Orchid Society CONTACT: Gloria Galloway Deiray Beach Orchid Society Telephone: 561-278-1290 x 117 FOR IMMEDIATE RELEASE Tom Barbaree, President of the Delray Beach Orchid Society, announced the Society's 10th Annual Show will be held again this year in the Old School Square Gymnasium. This year's theme: Vote! Orchids 2000 is in keeping with the upcoming presidential election. Everyone attending the show will have the opportunity to caste their vote for their choice of the most outstanding orchid in the show. Show Chair Julia Hamner remarked, "And there will be literally thousands to choose from! There will be 12 vendors from all over the State of Florida and each vendor will exhibit their finest orchids in their display which will portray this year's theme. Be prepared to enjoy the most glorious array of colors and exotic scents." The Delray Beach annual show is regarded as one of the best small shows in the state. Individual hobbyists are encouraged to enter their plants for judging as there will be a team of American Orchid Society judges on hand Friday morning. In past years the Society has donated to Old School Square, Caridad Clinic American Orchid Society and the West Palm Beach Judging Center from the proceeds of the show. The local society will continue to support the national headquarters of the American Orchid Society which will soon open in their new location next to the Morikami Museum. The dates for this year's show arc Friday, October 27th through Sunday, October 29th. The hours are 10:00 a.m. to $:00 p.m. each day. The gymnasium is Located on the Northeast Corner of Northeast 1st Street and IsC Avenue in the Old School Square complex in historical downtown Delray Beach. There is plenty of free parking available just east of the gym. For further information call Julia Hamner at 561-496-3186. CONTACT: Gloria Galloway Delray Beach Orchid Society Telephone: 561-278-1290 x 117 FOR IMMEDIATE RELEASF. WHO: WHAT: WHEN: HOURS: ADMISSION: FURTHER INFO: Deiray Beach Orchid Society, in association with Old School Square l0th Annual Show: VOTE! ORCH~S 2000 Old School Square Gymnasium Corner of Northeast 1st Street & 1st Avenue Historical Downtown Delrny Beach Friday through Sunday, October 27th, 28tb & 29th Friday, October 27;h 10:00 AM - 5:00 PM Saturday, October 28th 10:00 AM - 5:00 PM Sunday, October 29m 10:00 AM - 5:00 PM $3.50 at the door Show Chair Julia Hamner 561-496-3186 Boca Raton: Ben 561-482-7274 Boynton Beach: Rita 561-731-4255 Delray Beach: Gloria 561-278-1290 x117 Deerfield: Bob 954-427-1993 rITV DF DELRrl¥ EEl:ICH DELRAY BEACH Ail-America City PROCLAMATION ]993WHEREAS, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2000 United States Lifesaving Association National Lifeguard Championships in San Diego, California, on August 10, l I, and 12, 2000; and FYHEREAS, over 800 of the best lifeguards from across the United States and from foreign countries including Japan, Australia and Canada, competed in demanding ocean conditions; and FFItEREAS, the Delray Beach Lifeguard Competition Team participated in the following ~S.L.A~ events: Surf Swim Puddleboard Rescue Race 800 Meter Paddle Beach Flags American lranmcm 4 x 100 yard Run Relay Land Line Rescue International lronman Surf Ski Run-Swim-Run 2 Mile Beach Run WHEREAS, Team Captain/Operations Supervisor Heather Irurzun defended her Gold Medal far the second year in a row placing It' in the Open Women's Surf Ski event; and WHERF-JIS, Supervisor Heather lrurzun also won a Gold Medal in the Women's Senior Division 800 Meter Paddle, and Ocean Rescue Officer/EMT's Mark HenMe and Aaron Hamerling won a Gold Medal in the Men's Open SurfBoat event; and WHEREAS, various medals and point accumulation by members of Team Delray brought us to a distinguished 4~ place overall finish in afield of 28 highly competitive national teams; and WHEREAS, the involvement and achievements of the Delray Beach Lifeguards in this national competition have raised the standard of professional lifesaving in the United States and generated much civic and community pride. NOW, THEI~EFORE, 1, DAVID W. SCHMID T, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby recognize and commend First Place Winners Supen, isor Heather lrurtun and Ocean Rescue Officers MarA HenMe and Aaron Harnerling and also recognize and commend the following for superior achievement Eric Feld Shaun Gibson Tom Hemenway Amy Schwarz Bethanne Schwarz Regis Smeliz Brent Tracy Chris Wiley for their outstanding representation of the City of Delray Beach and offer them congratulations on a job well done in the 2000 United States Lifesaving Association National Lifeguard Championships. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be a~'txed this 17~ day of October, 2000. DA VID W. SCHMIDT MAYOR MATTERS PROCLAMATION Whereas, the City of Delray Beach Parks and Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the 2000 United States Lifesaving Association National Lifeguard Championships in San Diego, California, on August 10, ! 1, and 12, 2000; and Whereas, over 800 of the best lifeguards from across the United States and from foreign countries including Japan, Australia, and Canada, competed in demanding ocean conditions; and Whereas, the Delray Beach Lifeguard Competition Team participated in the following U.S.L.A. events: Surf Swim, Paddleboard Rescue Race, 800 Meter Paddle, Beach Flags American Ironman, 4x100 Yard Run Relay, Land Line Rescue, International Ironman, Surf Ski, Run-Swim-Run, 2 Mile Run; and Whereas, Team Captain/Operations Supervisor, Heather Irurzun defended her Gold Medal for the 2nd year in a row placing 1~t in the Open Women's Surf Ski event; and Whereas, Supervisor Heather Irurzun also won a Gold Medal in the Women's Senior Division 800 Meter Paddle, and Ocean Rescue Officer/EMT'Jr~Mark Henkle and Aaron Hamerling won a Gold Medal in the Men's Open SurfBoat event; and Whereas, various medals and point accumulation by the members of Team Delray brought us to a distinguished 4th place overall finish in a field of 28 highly competitive national teams; and Whereas, the involvement and achievements of the Delray Beach Lifeguards in this National Competition have raised the standard of professional lifesaving in the United States and generated much civic and community pride, Now, therefore, I, David Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby recognize and commend First Place Winners Supervisor Heather Irurzun and Ocean Rescue Officers Mark Henkle and Aaron Hamerling and also recognize and commend the following for superior achievement: Eric Feld, Shaun Gibson, Tom Hemenway, Amy Schwarz, Bethanne Schwarz, Regis Smeltz, Brent Tracy and Chris Wiley for their outstanding representation of the City of Delray Beach and offer them congratulations on a job well done in the 2000 United States Lifesaving Association National Lifeguard Championships. 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 3rd day of October, 2000. David W. Schmidt MAYOR AGENDA ITEM NUMBER: Request to he placed on: AGENDA REQUEST Date: September 20, 2000 XX Regular Agenda SpecialAgenda Workshop Agenda Description of agenda item: Request Mayor signing and issuance of Proclamation honoring Ocean Rescue Lifeguard Competition Team's performance in the 2000 United States Lifesaving Association National Lifeguard Championships in San Diego, California on August 10 - 12, 2000. ORDINANCE/RESOLUTION REQUIRED: YES. NO X Draft Attached: YES NO X Recommendation: Issue Proclamation. Determination of Consistency witl~C~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:(~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved (if applicable) [IT¥ OF OELRR BERrg Ail-America CIty PROCLAMATION WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and V~rHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim October 22"d through October 28, 2000 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage alt citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. 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 l 7t~ day of October, 2000. DAVID W. SCHMIDT MAYOR A RESOLUTION OF THE CITY OF RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 22-28, 2000, AND ENCOI_rRAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF AS FOLLOWS: Section 1. That the City of does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. Section 2. That the City of and schools. Section 3. Thatthe City of does encourage educational parmerships between city government does support and encourage all city governments to actively promote and sponsor "Florida City Government Week." PASSED AND ADOPTED by the City of AJI-AmedcaC~ SISTER CITIES INTERNATIONAL YOUNG ARTIST EXHIBIT FEATURED IN CITY HALL GALLERY 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 DELRAY BEACH, FLORIDA (October 5, 2000) - The City of Delray Beach Sister Cities Committee and the Delray Art League are pleased to welcome the Sister Cities International Young Artist Travelling Exhibit to the Gallery at City Hall. The exhibit, "The Stage is Set: Act 2000: Peace Begins At Home" is currently on a world-wide tour and will be on display in the lobby of City Hall, 100 N.W. First Avenue, from October 3-19, 2000. The Sister Cities International 11th Annual Young Artist Competition included original works of art from young U.S. and international artists. The competition encourages youth (ages 13-18) to express, through original artwork, their concept of the Sister Cities mission. The travelling exhibit is comprised of this year's 10 winners and two honorable mentions selected at the competition in Tyler, Texas last April. One of the winning entries in the exhibit is by Elizabeth Godwin, a junior at Atlantic Community High School. Miss Godwin's artwork was the overall winner in a local contest for middle school and high schools students sponsored by the Delray Beach Sister Cities Committee and the Delray Art League. Her winning entry is an acrylic painting titled, Mother & Child. The public is invited to view the exhibit and congratulate Miss Godwin, at a reception on Tuesday, October 17, 2000, 5:30-6:30 P.M. Also, featured in City Hall's second floor gallery is the Delray Art League's newest exhibit, Autumn Leaves. The exhibition showcases the artwork in a variety of mediums by 12 artist members of the Delray Art League. The Delray Art League is beginning its fifth season exhibiting in the Gallery at City Hall. The Gallery at City Hall is open Monday-Friday, 8:00 A.M.-5:00 P.M. The public is invited to view these exhibits at no charge. For more information, call Nancy King, publications editor, at (561) 243-7009. THE EFFORT ALWAYS MATTERS SISTER CITIES INTERNATIONAL YOUNG ARTIST EXHIBIT "The Stage is Set: Act 2000: Peace Begins At Home" Gallery at City Hall\ October 3-19, 2000 Cheng Zhang -.Winner Beihai, China Beihai Middle School Untitled Saori Yasuhhiko - Winner Utsonomiya, Japan Sakushin Gakuin Kami Suki (Combing Hair) Zach Wegner - Winner Red Wing, Minnesota Red Wing High School Mother and Child Chang Hey-Chong - Winner Inchon, Korea Inchon Art School Returning Home Sachiyo Kameda - Winner Osaka, Japan Konko-Yao High School Light Jennifer Pan - Winner Sugarland, Texas Chinese Culture Center Art School Home Sweet Home Elizabeth Godwin - Winner Delray Beach, Florida Atlantic Community High School Mother and Child Julia Yerofeeva - Winner Nizlmi-Novgorod, Russia Children School of Art Summer in a Village Adriane McGillis - Winner Lexington, Kentucky Lafayette High School Interlacing of Unity Michael Malone-Honorable Mention Tyler, Texas Robert E. Lee High School Peace Begins at Home Don Wen-Jin - Winner Tianjin, China (No school listed) The Warm House (Family) Zhang Jing Y'an-Honorable Mention Zhenjiang, China Zhenjiang No. 2 Vocational H. S. Melody at Peace "The Stage is Set: Act 2000 Peace Begins at Home" "Autumn Leaves" Elizabeth Godwin RECEPTION Tuesday, October 17, 2000 5:30 P.M. to 6:30 P.M. Vote )for CHmldrcn Nov. 7 ]919 North Flagler Drive West Palm Beach, FL 33407 Manager David Harden City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Dear Manager Harden: As you may know, the Children's Services Council has initiated a referendum for the November 7th ballot. The ballot language reads: "To improve the safety and well-being of children, the Children's Services Council of Palm Beach County be granted the authority to increase its maximum authorized millage rate from one-bald to one mm. This issue is very important to the children of this county, some of who you represent. Please help us get the word out by allowing us to be a brief part of one of your upcoming meetings. We would like to have one of our representatives on your agenda sometime before the election to give a 2 minute presentation to your commission or council. I will be calling you in the next few days to see if we will be able to schedule our presentation or feel free to contact me directly at 561-373-4184. Sincerely, Pd. Poi. Adv. P~ld for ~ Children's Services Co,nell. Memo lo: David Harden, City Manager Lula Butler, Director, Community Improvement From: D~te: October 12, 2000 Re: Resolution Adopting the Unified Local Mitigation Strategy ITEM BEFORE THE COMMISSION: City Commission consideration and approval of Resolution Number 74-00 adopting the Unified Local Mitigation Strategy. This action will qualify the City for additional points under Activity 510, of the Floodplain Management Planning system. The additional points will increase the City's rating, providing for a reduction in flood insurance rates for residents. BACKGROUND: The City Commission adopted the Palm Beach County Local Mitigation Strategy and approved the Interlocal Agreement between Palm Beach County and the City at the regular meeting of February 1, 2000. The Federal Emergency Management Agency (FEMA) has approved credit points of 130-140 for municipalities participating in the Local Mitigation Strategy. The goal of the Community Rating System (CRS) activities is to lessen catastrophic related damages through public information, effective code enforcement, mapping and regulations, flood damage reduction and flood preparedness. As a participating municipality, the increase in points directly correlates to a higher rating and thus a lower insurance rate for the community. RECOMMENDATION: Staff is recommending City Commission approve Resolution Number 74-00 adopting the Unified Local Mitigation Strategy, providing for a severance clause and providing for an effective date of October 17, 2000. ®P~el RESOLUTION NO. 74-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE UNIFIED LOCAL MITIGATION STRATEGY FOR THE CITY OF DELRAY BEACH; PROVIDING FOR A SEVERANCE CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined that a Local Mitigation Strategy for mitigation efforts is in the best interest of the community and its residents; and WHEREAS, on February 1, 2000, the City Commission adopted the Palm Beach County Local Mitigation Strategy and entered into an interlocal agreement with Palm Beach County to develop a countywide unified local mitigation strategy; and WHEREAS, with the completion of the local mitigation planning process, the City of Delray Beach will be in possession of a strategy that will guide the priorities of rebuilding the community after disasters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby adopts the unified Local Mitigation Strategy for the City of Delray Beach, Florida. Section 2. That should any provision or section of this resolution, or portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this resolution. Section 3. That this resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on this the 17th day of October, 2000. MAYOR ATTEST: ~'City c]erl~ Memo To: From: Date: Subject: LMS COMMITTEE MEMBERS Deborah S. Manzo, Chair September 26, 2000 LMS/CRS CREDIT FOR PLAN The Local Mitigation Strategy was provided to FEMA/ISO to evaluate the plan for eligibility under Activity 510, Floodplain Management Planning' For the communities that participate in the NFIP: Community Rating System Program, ISO has approved 130-140 points for Activity 510, upon receipt of the following: · Resolution from your municipality adopting the LMS. (See sample attached.) · Documentation regarding the public meeting for adoption. Palm Beach County will be providing the following requested items: · Copies of minutes for the LMS meetings discussing the adoption. · List of attendees for LMS meetings. Please provide this documentation before November 1, 2000, to: John Tatum, CRS Coordinator/Recovery & Mitigation Manager PBC Emergency Management 20 S. Military Trail West Palm Beach, FL 33415 RESOLUTION NO: __ A RESOLUTION OF THE CITY/TOWN OF , PALM BEACH COUNTY, FLORIDA, ADOPTING THE UNIFIED LOCAL MITIGATION STRATEGY FOR THE CITY/TOWN OF ; PROVIDING FOR A SEVERANCE CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of , Florida, has determined that a Local Mitigation Strategy for mitigation efforts is in the best interest of the community and its residents; and WHEREAS, the Town Council formally created a planning committee on July 15, 1998 comprised of town staff and residents to develop a Local Mitigation Strategy for the City/Town of ; and WHEREAS, the Committee has been meeting of the past two years and has solicited input from other agencies and the public; and WHEREAS, the Committee has approved the Local Mitigation Strategy and the Town Council of is in agreement with the Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN COUNCIL OF , FLORIDA, THAT: Section 1. This resolution be adopted to include the Palm Beach County Unified Local Mitigation Strategy as Exhibit "A" attached and made a part hereto: Section 2. Should any provision or section of this Resolution or portion thereof, be declared by a court of contempt jurisdiction to be invalid, such decision shall not effect the remainder of this Resolution. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS day of ,2000. ATTEST: , MAYOR , CITY CLERK I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION PAU DO.L,.G. ,RECTOR Or ZO.,.G MEETING OF OCTOBER 17, 2000*" =J,"~ ~'"~'['"'"*CONSE~IT AGE'IDA* ABANDONMENT OF FOUR ALLEY AND/OR STREET RIGHTS-OF-WAYS IN THE AREA GENERALLY KNOWN AS THE LAKE IDA NEIGHBORHOOD. The request involves abandoning four alley/street rights-of-way, located in the Lake Ida Neighborhood (please see Reference Map "A", in the attached staff report). The four abandonments contain approximately 32,787 total square feet (0.752 acres), and were dedicated by the plat of the Lake Ida Manor, Addition No. 1 (PB 24, PG 201), and the Re-Plat of Ida Lake Terrace, (PB 22, PG 39). The abandonments represent the first installment of the City Initiated Alleyway Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Services Departments, under direction given by the City Commission. The purpose is identifying alleyways (and sub-standard street rights-of-way) which are considered "non-essential", and subsequently vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and property access issues. Currently, all abandonment areas contained in this report are unimproved and are not utilized for primary access to any adjacent parcel. No municipal water or sewer mains are located within any of the four alley/street rights-of-way. Florida Power & Light and Adlephia Cable have identified facilities in all four areas. Bellsouth has identified facilities in three. In order to accommodate these facilities, a general utility easement will be retained over each abandonment area. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of September 18, 2000, the Planning and Zoning Board considered the request at a public hearing. Two people (one in favor and one in opposition) gave public comment concerning the abandonments. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval, with the condition that a general utility easement is retained over each abandonment area. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over each abandonment area based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (4) · P & Z Staff Report of September 18, 2000 S:t P&Z~boards~citycommissiontPhase2-CCDoc. doc RESOLUTION NO. 77-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED RIGHT-OF-WAY (I,ABELED KINGS LYNN) ADJACENT TO THE SOUTH LOT LINE OF LOT 7, ACCORDING TO THE PLAT OF LAKE IDA MANOR, ADDITION NO. 1, LYING WEST OF N.W. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Deiray Beach initiated the abandonment of an unimproved tight-of-way (labeled Kings Lynn) within the Plat of Lake Ida Manor, Addition No. 1, as more particularly described herein; and WHEREAS, the application for abandonment of said tight-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of DeIray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Plarmmg Agency, formally reviewed the matter at a public hearing on September 18, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings xvith respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the enti~e area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Dekay Beach to vacate and abandon said fight-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private NOW, THEREFOR.E, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Dekay Beach City Commission to vacate and abandon all tight and interest it holds to the following real property for fight-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: ALLEYWAY 8-A That portion of the 25 ft. unimproved tight-of-way (labeled Kings Lynn) adjacent to the south lot line of Lot 7, according to the Plat of Lake Ida Manor, Addition No. 1, Plat Book 24, Page 201, as recorded in the Public Records of Palm Beach County, Florida, and west of N.W. 4~ Avenue; containing 0.077 acre, more or less. PASSED AND ADOPTED in regular session on this the 17m day of October, 2000. MAYOR ATTEST: ' ity Cl r ' -2- Res. No. 77-00 4 12 '27 6 10 28 KINGS LYNN 7 4 2 PHASE TWO ALLEYWAY ABANDONMENT PROJECT ALLEYWAY # 8-A PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: ---STAFF REPORT--- September 18, 2000 V.C. City Initiated Abandonment of Four Unpaved Alleyways and Street Rights-of-Way, Located Within Lake Ida Area (Please View Location Map Below for Exact Locations). GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... City of Delray Beach David T. Harden, City Manager Location ............................... Lake Ida Area Properly Size ........................ 0.077 Acres (Area 8-A) 0.171 Acres (Area 8-G) 0.174 Acres (Area 8-1) 0.163 Acres (Area 8-J) Existing FLUM Designation.. LD (Low Density Residential, 0-5 units/acre) Current Zoning ..................... R-l-AA (Single Family Residential) Adjacent Zonings ........ North: R-l-AA East: R-l-AA South: R-l-AA West: R-l-AA Existing Land Use ................ Unimproved rights-of-way Proposed Land Use ............. To be returned to adjacent property owners. Water Service ....................... n/a Sewer Service ...................... n/a MoO. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of four alley and/or street rights-of-ways in the area generally known as the Lake Ida neighborhood. These right-of-way abandonments are being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. Early last year City Commission directed the Planning & Zoning Department and the Environmental Services Department to inventory all alleyways within the City, and determine which alleys were considered "non-essential". Criteria for this analysis was based upon municipal water'& sewer provision (existing & planned), and property access issues. The City Commission further directed staff to begin abandonment proceedings for alleyways that were identified as non-essential. Considering the size and scope of this project, Staff divided the qualifying alleyways into two groups. The first group would include atleys that are unimproved, do not have any municipal utilities (water & sewer), and do not provide access to the abutting properties. The second group to be abandoned would include those that are unimproved, do not provide access to abutting properties, and only have a substandard existing water main in the atley. The two groups were further broken down to smaller geographical areas, for administrative processing purposes (i.e. Phase One, Phase Two, Phase Three, etc.). In addition to alleyways, staff also examined sub-standard street rights-of-way, which met the above listed criteria. Phase One, which consists of five (5) alleyways in the North Federal Highway area, were originally scheduled to go forward with the Phase Two abandonments, at the September Planning & Zoning Board Meeting. However, administrative problems regarding proper notification pushed this grouping to the October P&Z Meeting. Please see Reference Map "A'; for the following section. The four subject abandonment areas contained in this report are located in the Lake Ida Neighborhood, and are labeled "Phase Two". For identification purposes, each abandonment area was assigned a unique label (i.e. 8-A, 8-B, 8-C, etc). The first number of the label represents the section of land (according to the Public Land Survey System) in which the abandonment area is located. The second portion of the label represents an arbitrary letter assigned to each proposed abandonment area that was designated as qualifying after preliminary review. After a more in- depth review, several of the original identified areas, removed from the list due to dedication and/or access issues. This is the reason for the label sequence jumping from 8-A to 8-G, and then 8-1. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area Page 2 Each of the four subject abandonments contained in this grouping will be voted on individually. As this is a City initiated project, surveys of each abandonment area were not required. All abandonment areas listed in this repod are platted rights-of-way, and staff will create the requisite legal descriptions for the official City resolution. ALLEYVVAY / RIGHT-OF-WAY DEDICATIONS Abandonment Area 8.A: This subject right-of-way was dedicated with the recordation of the Plat of the Lake Ida Manor, Addition No. 1 (Plat Boo=k 24, Page 201, of the Public Records of Palm Beach County, Florida), in February of 1956. Currently the subject right-of-way is unimproved. Abandonment Areas 8-G, 8-If & 8-J: The subject abandonment areas were dedicated with the recordation of the Re-Plat of Ida Lake Terrace, (Plat Book 22, Page 39, of the Public Records of Palm Beach County, Florida), in October of 1957. Currently the subject areas are unimproved. ABANDONMENT DESCRIPTIONS Abandonment Area 8-A: Please see Reference Map "B" The subject abandonment area measures 25 feet in width and 135 in length, containing 3,375 square feet (0.077 acres). The subject right-of-way represents the north % of the westerly extension of the Kings Lynn right-of~way, between NW 4th Avenue and the western plat limit of said plat of Lake Ida Manor, Addition No. 1. It is clear by the manner in which the subject parcel was platted, the original intent was to have this street right-of-way continue west to NW 6th Avenue. However, the subsequent plats of Lake Ida Manor, Addition No. 2, in July of 1957 (adjacent to the south), and Lake Ida Shores, First Addition, also in July of 1957 (adjacent to the west), did not follow this street pattern. Consequently, it would be impossible for the subject parcel function as originally intended. Abandonment Area 8-G: Please see Reference Map "C' The subject alleyway measures 16 feet in width and approximately 467 feet in length, containing 7,472 square feet (0.171 acres). This abandonment area is the entire 16-foot north-south alley in Block 1, of said Replat of Ida Lake Terrace. Planning and Zoning Board Staff Repod City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 3 Abandonment Area 8-h Please see Reference Map "D" The subject alleyway measures 16 feet in width and approximately 475 feet in length, containing 7,600 square feet (0.174 acres). This abandonment area is the entire 16-foot north-south alley in Block 4, of said Replat of Ida Lake Terrace. Abandonment Area 8-J: ~ Please see Reference Map "D" Subject right-of-way 8-J is divided into an east and a west area, separated by the NW 3rd Avenue right-of-way. The west portion measures 25 feet in width and 288.80 feet in length, containing 7,215 square feet (0.165 acres). The west portion represents the entire r-o-w for NW 14th Street, adjacent to the north line on Block 3, of said Replat of Ida Lake Terrace. -~ The east portion measures 25 feet in width and 285 feet in length, containing 7,125 square feet (0.163 acres). The east portion represents the entire r-o-w for NW 14th Street, adjacent to the north line on Block 4, of said Replat of Ida Lake Terrace. As with 8-A, it appears that when subject right-of-way 8-J was platted in 1947, it was intended to provide the southern half of the necessary right-of-way to form a connection between NW 2nd Avenue and NW 4th Avenue. However, subsequent development to the north of the subject right-of-way did follow this pattern, instead establishing the connection between NW 2nd Avenue and NW 4th Avenue with NW 15th Street. Thus, the subject right-of-way has never been improved. ABANDONMENTANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Abandonment Area 8-A: As the subject parcel was created entirely from the plat of Lake Ida Manor, Addition No. 1, the fee-simple owners of Lot 7 of said plat, are entitled to the entire abandonment area adjacent to their property. Abandonment Area 8-G: As the subject parcel was created entirely from the Replat of Ida Lake Terrace, the fee simple owners of Lots 1-9, of Block 1, are entitled to % of the 16 foot alleyway, adjacent to their property. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 4 Abandonment Area 8-1: As the subject parcel was created entirely from the Replat of Ida Lake Terrace, the fee simple owners of Lots 1-9, of Block 4, are entitled to % of the 16 foot alleyway, adjacent to their property. Abandonment Area 8-J: As the subject parcel was created entirely from the Replat of Ida Lake Terrace, the fee-simple owners of Lots 4 and 7 (as described by the Palm Beach County Property Appraiser), of Block 3; and the fee-simple owners of Lots 4 and 5 of Block 4, are entitled to the entire portion of the 25 foot right-of-way adjacent to their property. UTILITY SERVICES · No municipal water or sewer lines are currently located in any of the proposed abandonment areas. Florida Power & Light and Adelphia Cable have identified existing facilities in ALI_ subject abandonment areas, and are requesting replacement utility easements for each. BellSouth has identified facilities in subject abandonment areas 8-A, 8-G, & 8-1, and are requesting replacement utility easements for each. The Florida Public Utilities Company and the City's Fire Department have also reviewed the requested abandonments, and have no objections. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any pub#c purpose. Currently, all listed abandonment areas are unimproved, and there are no plans to improve them in the future. The City has no plans to use the subject areas for any other purpose. Ptanning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project- Phase Two (Lake Ida Area) Page 5 B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently, no adjacent lot utilizes any of the subject abandonment areas for primary access. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Currently, Florida Power & Light and Adelphia Cable have identified existing facilities in all abandonment areas. In addition, BellSouth has identified facilities in three of the subject areas. These facilities will be accommodated through the reservation of utility easements., over the entirety of all abandonment areas. Thus, the current and future ability to provide utility services to adjacent propedies or the surrounding area, will not change. The provision of the aforementioned utility easement will be a condition of approval for these abandonments. REVIEW BY OTHERS None of the proposed abandonment areas are within the geographical area requiring review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: Lake Ida Homeowners Association Seacrest Homeowners Association PROD - Progressive Residents of Delray President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project- Phase Two (Lake Ida Area) Page 6 t ASSESSMENT~ I As all the subject abandonment areas are unimproved and there are no plans for their improvement, their intended public use is limited. The purpose of this project is for the City to release alleyways and sub-standard street right-of-ways back to properties which originally dedicated them, if they have no current or future municipal need. All subject abandonment areas listed in this report meet these qualifications, and the criteria for "Abandonments of Rights-of-Way", as listed in Section 2.4.6(0) of the City's Land Development Regulations. The reservation of general utility easements over ali listed abandonment areas, is listed as a condition of approval for each. ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of the abandonments subject to positive findings with respect to LDR Section 2.4.6(0)(5). Recommend to the City Commission denial of the abandonments based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION By Separate Motion: I. - Abandonment Area 8.A: By motion, recommend to the City Commission approval of the abandonment of the portion of the unimproved Kings Lynn right-of-way, west of NW 4th Avenue, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. II.- Abandonment Area 8-G: By motion, recommend to the City Commission approval of the abandonment of the north-south alleyway within Block 1, of the Replat of Ida Lake Terrace, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase Two (Lake Ida Area) Page 7 III.- Abandonment Area 8-1: By motion, recommend to the City Commission approval of the abandonment of tile nodh-south alleyway within Block 4, of the Replat of Ida Lake Terrace, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1.) A general utility easement is retained over the entire abandonment area. IV. - Abandonment Area 8-J: By motion, recommend to the City Commission approval of the abandonment of the portion NW 14th Street right-of-way adjacent to the north of Blocks 3 & 4 of the Replat of Ida Lake Terrace, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. Attachments: · Reference Map "A" · Reference Map"B" · Reference Map"C" · Reference Map"D" File: S:\Planning&Zoning\Boards\P&Z\Phase-Two Abans.doc ! .4. 72 I,I , <~ Z I l ~ Z ~ 7 9 ~~ ~KINCS LYNN 4/ 2 ALLEWCAYABANDONMENT PROJECT REFERENCE - PHASE ~O - MAP ABANDONMENT AREA: 8-A N.W. 11 TH ST. ~ PHASE ~0 ~ ~AP "~"'"~ ~"'"~ ABANDONMENT AREA: N.W. 14TH ;TREET N.W. 13TH STREET N. W. N.W. 15TH ST. 12TH ST. I ALLEYWAY ABANDONMENT PROJECT ,-, PHASE TWO ~ ABANDONMENT AREAS: 8-1 & 8-J REFERENCE MAP "D" RESOLUTION NO. 78-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH _AIJ.EY RIGHT-OF-WAY LOCATED IN BLOCK 1, RE-PLAT OF IDA LAKE TERRACE, LYING ON THE NORTH SIDE OF N.W. llTM STREET BETWEEN N.W. 2ND AND 3Pa> AVENUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Delray Beach initiated the abandonment of the entire north/south alley right-of-way located in Block 1, Re-Plat of Ida Lake Terrace, as more particularly described herein; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Plarmmg Agency, formally reviewed the matter at a public hearing on September 18, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public util/ties whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Dekay Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: bi .I .k-TfWAy 8-G The entire 16 ft. north/south alleyway located in Block l, Re-Plat of Ida Lake Terrace, Plat Book 22, Page 39, as recorded in the Public Records of Palm Beach County, Florida; containing 0.171 acre, more or less. PASSED AND ADOPTED in regular session on this the 17~ day of October, 2000. MAYOR ATTEST: ~ City Clerlff r -2- Res. No. 78-00 5 OF 7 8 9 DJ Z v PERIWINKLE LANE N.W. 11TH ST. PHASE TWO ,ALLEYWAY ABANDONMENT PROJECT ALLEYWAY # 8-G RESOLUTION NO. 79-00 A ILEsOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ~AIJ.EY RIGHT-OF-WAY LOCATED IN BLOCK 4, RE-PLAT OF IDA LAKE TERRACE, LYING ON THE NORTH SIDE OF GROVE WAY BETWEEN N.W. 2sD AND 3m AVENUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTLLITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Delray Beach initiated the abandonment of the entire north/south alley right-of-way located in Block 4, Re-Plat of Ida Lake Terrace, as more particularly described herein; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)0)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 18, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/ur maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City ComX'mssion to vacate and abandon all right and interest it bolds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: ~T~T~ The entire 16 ft. north/south alleyway located in Block 4, Re-Plat of Ida Lake Terrace, Plat Book 22, Page 39, as recorded in the Public Records of Palm Beach County, Florida; containing 0.174 acre, more or less. PASSED AND ADOPTED in regular session on this the 17~' day of October, 2000. MAYOR -2- Res. No. 79-00 N.W. 14TH STREET N.W. 13TH STREET 7 2 1.1 1 5TH ST. N.W. 12TH ST. 5 8 4 2 Ell PHASE TWO ALLEYWAY ABANDONMENT PROJECT ALLEYWAY # 8-1 RESOLUTION NO. 80-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE UNIMPROVED NORTHWEST 14TM STREET RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO BLOCK 3 AND LOTS 4 & 5, BLOCK 4, RE-PLAT OF IDA LAKE TERRACE, LOCATED BETWEEN N.W. 2ND AND 4TM AVENUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Dekay Beach initiated the abandonment of that portion of the unimproved N.W. 14~h Street right-of-way lying north of and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake Terrace, as more particularly described herein; and WHEREAS, the application for abandonment of said right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public heating on September 18, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Dekay Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: That portion of 25 ft. unimproved Northwest 14~ Street right-of-way lying north of and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake Terrace, Plat Book 22, Page 39, as recorded in the Public Records of Palm Beach County, Florida; containing 0.163 acre, more or less. PASSED AND ADOPTED in regular session on this the 17~ day of October, 2000. MAYOR ATTEST: City Clerk' - r -2- Res. No. 80-00 N.W. 14TH STREET 15TH STREET N.W. 15TH ST. 12TH ST. PHASE TWO ALLEYWAY ABANDONMENT PROJECT ALLEYWAYs If 8-1 & 8-J CITY DELRAY BEACH DATE: 1993 TO: 200 NV,' 1st AVENUE . DELRAY BEACH, FLORIDA 33444 TELEPHONE 561,243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM October 5, 2000 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Property Acquisition by the CRA Pursuant to Interlocal Agreement The City, the CRA and Palm Beach County entered into an agreement in 1986, which was amended in 1993 and 1997, regarding the building of the South County Courthouse and the expansion thereof. In this agreement as amended, certain property was to be acquired by the CRA and then transferred to Palm Beach County. We have received a request from the CRA to pursue acquisition by gift, purchase, or eminent domain. Please place this resolution authorizing the CRA to acquire the property on the October 17, 2000 City Commission agenda. The property to be acquired is set forth on the attached SAR:ci Attachment CCi Diane Dominguez, Director, Community Redevelopment Bill Doney, Esq. Alison Harty, City Clerk RESOLUTION NO. 81-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 00-1, adopted by the Delray Beach Community Redevelopment Agency, to authorize the acquisition in fee simple by gift, pumhase or eminent domain, of certain property described therein; and WHEREAS, Section 163.370(1)(e)(2), Florida Statutes~ further provides that a community redevelopment agency may not exemise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lots 5, 6, 7, 8, 9 and 10, Block 53, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (Sheet 2), Public Records of Palm Beach County, Florida. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 17th day of October, 2000. MAYOR ATTEST: City Clerl~ ff - -2- Res. No. 81-00 DELRAY BEACH October 2, 2000 ' Susan Ruby, Esq. City Attorney City of Delray Beach 200 NW IS' Avenue Delray Beach, FL 33444 RE: Norris Property Acquisition Dear Susan: The CRA Board of Commissioners approved Resolution 00-1 at their regular meeting of September 28, 2000. This resolution requests approval by City Commission to authorize the CRA to acqmre the Norris properly on SW 2"d Avenue. Enclosed is an executed copy of Resolution 00-1. Bill Doney has forwarded a copy of the proposed City Resolution for our files. We would appreciate it if this Resolution could be on the Commission agenda for October 17th. After approval, please send me an executed copy. Thank you for your assistance. Sincerely, Diane Hervey Assistant to the Director /d enclosure 24 No~h Swinton Avenue ,Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 RESOLUTION NO. ~- / A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAy BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE CO~4UNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WREREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the revitalization of the downtown business district and the redevelopment of the West Atlantic Avenue redevelopment area; and WHEREAS, one of the projects set forth in the Plan is the "South County Courthouse Expansion Redevelopment Project,,, such project as set forth in the Plan, encompassing the acquisition of certain properties lying within Block 53, TOWN OF DELRAy, according to Plat Book 1, Page 3 as more particularly described hereinafter in this Resolution; and WHEREAS, a component of the above described project is the acquisition of lands necessary to facilitate said project including the expansion of the South County Courthouse and the providing of additional parking to service the expanded Court facilities; and WHEREAS, the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by gift, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., ~, being the "Community Redevelopment Act of 1969, it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following parcels of real property legally described as follows: Lots 5, 6, 7, 8, 9 and 10, Block 53, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, page 3 (Sheet 2), Public Records of Palm Beach County, Florida. by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., id , being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said properties following the delegation of the above described power of eminent domain by gift, purchase, or eminent domain. Section TwQ: The Board of Commissioners of the Community Redevelopment Agency hereby determines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and more particularly the South County Courthouse Expansion Redevelopment Project as contained therein. Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~?F~ day of 2000. COMMUNITY REDEVELOPMENT AGENCY 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~{~ AGENDA ITEM ~)v~ - REGULAR MEETING OF OCTOBER 17. 2000 ACCEPTANCE OF GRANT AWARDS FOR PARKS AND RECREATION DATE: PROJECTS OCTOBER 13, 2000 The Parks and Recreation Department has received notification that we were successful m our applications for grant funding to assist with two projects. The first is a grant award in the amount of $70,000 to assist with the purchase of the Odabashian property located on the east side of U.S. Highway #1 just south of Knowles Park. This represents half the cost of the $140,000 purchase price. The intent is to acquire the land and ultimately develop it for additional boat ramp parking. The second grant award is in the amount of $81,000 to assist with renovations programmed for the City Marina. The improvements will include drainage and irrigation, new sod, building renovations to the restroom/laundry area, dock repairs, dock gates and fencing, and seawall repairs. In addition to formally accepting the grants, the Comrmssion is asked to approve the associated project agreements. The agreements have been reviewed and approved as to form and legal sufficiency by the City Attorney. It is recommended that the project agreement for the land acqmsition be approved subject to closing on the property. The closing is expected to occur prior to November 18, 2000. Recommend acceptance of the F.I.N.D. grants for Parks and Recreation projects and approval of the associated project agreements. RefiAgmemol 1.Acceptance of FIND Grants. Odabashian Property & Marina Imp. MEMORANDUM TO: David T. Harden, City Manager FROM: Joe Dragon, Assistant Director of Parks and Recreation DATE: October 9, 2000 SUBJECT: ACCEPTANCE OF PRO]ECT AGREEMENTS FOR TWO GRANTS FROM THE FLORIDA INLAND NAVIGATION DISTRICT. The City on behalf of the Parks and Recreation Department has been approved for two Waterways Assistance Program Grants from the Florida Inland Navigation District. One grant is for $70,000 to help pay for the purchase of the Odabachian Property for boat ramp parking and the second grant is for $81,000 for improvements to our City Marina. With this notification, we received the associated Project Agreements that need to be signed and returned to F.I.N.D. The originals have been sent to the City Attorney to review for form and legal sufficiency. Please place this item on the agenda for City Commission approval for the October 17, 2000 meeting. Attachment Doc/prop lIT'/OF. DELRI:I¥ gEfl£H CITY ATTORNEY'S OFFgCE DELRAY BEACH AIl.lmedcaC[ty 1993 DATE: October 10, 2000 200 NW 1st AVENUE · D'ELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: Doug Randolph, Training and Development Manager FROM: Susan A. Ruby, City Attorney SUBJECT: FIND Project Agreements for 1 .) Delray Beach Police Patrol Boat 2.) Delray Beach Municipal Marina 3.) Land Acquisition for Boat Ramp Parking (Odabashian) I have reviewed'the above agreements presented by FIND. These "generic" agreements are acceptable as to form and legal sufficiency. However, the approval of the agreement concerning the land acquisition for Boat Ramp Parking (on the Odabashian Property) should be approved subject to closing on the property. I am returning the original agreements to you so that you can put them on the City Commission agenda for October 17, 2000. I understand you will provide a cover memorandum outlining the projects for the City Commission. Please call me if you have Attachment CC: Alison Harty, City Clerk Joe Weldon, Director of Parks and Recreation Chief Richard Overman, Delray Beach Police Department FLORIDA INLAND NAVIGATION DISTRICT October 03, 2000 COMMISSIONERS TED B. MOORHEAD CHAIR BREVARO COUNTY CHARLES R. FAULKRER VICE-CHAIR FLAGLER COUNTY JO ANN ALLEN SECRETARY ET LUCIE COUNTY CATHLEEN C. VOGEL TEEASURER MIAMI-DADE COUNTY M, BRENT WADDELL MARTIN COUNTY LAURENCE D. LOCKER BROWARD COUNTY GEORGE P, BUNNELL INDIAN RIVER COUNTY PIERRE O. THOMPSON ST JOHNE COUNTY THOMAS R JONES, JR. DURAL COUNTY GRAYCE K. BARCK VOLLISIA COUNTY JI-ANG SONG PALM SEACH COUNTy DAVID K. ROACH EXECUTIVE DIRECTOR MARK T. CROSLEY ASSISTANT EXECUTIVE DIRECTOR Mr..loe Weldon Director - Parks and Recreation City of Delray Beach 50 N. W. 1st Avenue Delray Beach, FL 33444 RE: Land Acquisition - Boat Ramp Parking Dear Hr. Weldon: Enclosed, for your signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2000-2001. Once they have been executed, please return both originals to me for execution by the District. When returning the agreements, also include an executed Exhibit C, Matching Funds Form. I will return one fully executed original agreement to you for your files. Should you have any questions please contact me. Assistant Executive Director RECEIVE~ OCT 5 2990 ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA33477-9498 TELEPHONE 561-627-3386 FAX NO. 561-624-6480 www.aicw, org FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-DB-00-86 This PROJECT AGREEMENT made and entered into this day of · 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Delray Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Land Acquisition - Boat Ramp Parking. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2002, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from thc October 1, 2000. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2003, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2002. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifh, percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $70,000.00. 4. MATCHING FUNDS The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution' of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit .A: personnel, equipment, project management, and design, permitting, planning, engineering, and/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless othenvise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which th6 Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until fmal resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-cOMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporaxy construction sign, it shall also indicate the DISTRICT's parfcipation. 18. PROJECT MAINTENANCE When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the fight, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 6 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver, of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Delray Beach Attention: Director - Parks and Recreation 50 N. W. 1st Avenue Delray Beach, FL 33444 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, parmer, or joint venturer with the PROJECT SPONSOR. 7 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains We right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any ~osts and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: CHAIR DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: 9 EXHIBIT A CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions.' 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. 66B-2.011 Reimbursement. 66B-2.012 Accountability. 66B-2.013 Acknowledgement. 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 12-17-90, Formerly 16T-2.00 I. 66B-2.002 -- Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Formerly 16T-2.002. 66B-2.003 -- Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida '~a~l Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. 2 (11) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (12) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Dural, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (14) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (15) "PROGRAM" means the Florida Inland Navigation District Waterways As.sistance Program. (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (21) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 -- Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety project.directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renoufishrnent and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long- range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. 5 (3) Approval o£projects by the District shall be in accordance with these rules. (4) The'District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site o£ a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years a~er project completion. Such dedication shall be in the £orm of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fifty (50) percent o£the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (10) The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion 6 of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (I1) Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (I) the percentage total of project funding which the Board has agreed to fund, or (2) the maximum application funding assistance amount. (12) All project costs must be incurred and work performed within the project Period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this role. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) All publi~ marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the publilc. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99. 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. (I) In as much as the District has other fiscal responsibilities and operational needs, 'financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally, the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental ed~ation include: (a) Public navigation I. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or information (b) Law enforcement 1. Waterways boating safety programs I0 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local governments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. Specific Authority 374.976(2) FS. Law Implemented 374.976(I), (3) FS. History -- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 -- Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period, which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. Theq~ojeet sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by 11 reference and available from the District office located at 1314 Maminski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4-12-95) and for compliance with the eligibility requirements of this rule. If the application is for a project that is a land based development project the applicant shall submit an Attomey's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicant's presentation will at a minimum include a discussion of the applicant's answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 12 points and two4hirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006. 66B-2.0061 -- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061. 66B-2.007 -- Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available fi.om the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007. 13 66B-2.008 -- Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat 3'amps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the waterway such as the following: I. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts 5. Roadways providing access to non-waterway users 6. Parking areas for non-waterway users 7. Utilities fo;; non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs and can not exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration and inspection costs; 15 d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project, approved and executed by the project sponsor and project contractor, must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project will not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures ors. 120.542, F.S., and Chapter 28- 104, F.A.C., to extend the date for receipt of the required environmental permits. Petitions filed pursuant to this rule section should be submitted to the District no later than July 1st to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. 16 Specific Authority 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS. History -- New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99. 66B-2.009 -- Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison ageflt to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project· (3) The liaison agent may submit periodic' reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12- 17-90) hereby incorporated by reference and available from the District office, 17 which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B-2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject .the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority'374.976(2) FS. Law Implemented 374.976(1) FS. History--New 12-17-90, Formerly 16T-2.009. 66B-2.010 -- Project Agreement. (1) For each fuhded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, One-year extension. (2) Ail proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's 18 category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History--New 12-17-90, Amended 9-5-96, Formerly 16T-2.010. 66B-2.011 -- Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these rules, reimbursement can not be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 6-24-93, Formerly 16T-2.01 I, Amended 3-31-99. i9 66B-2.012 -- Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information. (3) All requirekl final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Formerly 16T-2.012. 20 66B-2.013 -- Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project, which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 12-17-90, Formerly 16T-2.013. 21 EXH~I~iT B FLORtDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PRO~ECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PRO~ECTT/TLE: Land Acquisition Project-0dabachian Property APPLICANT: City of Delray Beach Project Elements Quantity Estimated Applicant's FIND (Number and/or Cost Cost Cost Footage) Purchase of 0dabachian Property $140,000 $ 70,000 $ 70,000 TOTALS $140,000 $ 70,000 $ 70,000 Form No. 90-25 (New I0/14/92) EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95-01 New 9/9/95 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Funds Previousty Requested Batance Avaitabte Funds Requested Less Retainage (10%) Check Amount Balance Avaflab(e Less Check Amount Balance Remaining PROJECT NO.: BILLING NO.: Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B') SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant Cost RND Cost FIND - Form No. 90-24 Rev. 9/3/92 FIND - Form No. 90-24 Parle Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") EXHIBIT D CONTINUED SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Cer'dficat~on for Reimbursement: I certify that the above expenses were necessar~ and reasonable for the accomplishment of the approved project and that these expenses are in accordance w~th Exhibit "B" of the Project Agreement. Project Liaison FIND - Form No. 90-24 Rev. 9/3/92 Date EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby .certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ,20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-13 Rev. 9/3/92 EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: Oc~ 1-DEC 15 Report Due: (Dec 31) REPORT PERIOD Dec 15-Mar 1 Mar 1-June 15 (March 15) (June 31) June 15-Sep 1 (Sep 15) WORK AccoMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2000 - DECEMBER 31, 2000 - MARCH 1S, 200! - JUNE 30, 2001 - Project Agreement Executed, Project Initiates. First Quarterly Report Due. Second Quarterly Report Due. Third Quarterly Report Due. SEPTEMBER 15, 2001 - Fourth Quarterly Report Due. DECEMBER 29, 2001 - Fifth Quarterly Report Due. MARCIt 15, 2002 - Sixth Quarterly Report Due. JIJNE 29, 2002 - Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out papenvork submitted by September 1 ~t, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2002 - Closeout paperwork due. September 28, 2002 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit C, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the project agreement. FLORIDA INLAND NAVIGATION DISTRICT October 03, 2000 COMMISSIONERS TED B. MOORHEAD CHAIR BREVARD COUNTY CHARLES R. FAULKNER VICE-CHAIR FLAGLER COUNTY JO ANN ALLEN SECRETARY ST LUCRE COUNTY CATNLEEN C. VOGEL TREASURER MIAMi-DACE COUNTY M. BRENT WADDELL MARTIN CODNTY LAURENCE D. LOCKER SROWARD COUNTY GEORGE P, BUNNELL INDIAN RIVER COUNTY PIERRE D. THOMPSON ST JOHNS COUNTY 331OMAS P. JONES, JR. DURAL COUNTY GRAYCE K. RARCK VOLUSIA COUNTY JI-ANG SONG PALM BEACH COUNTY DAVID K. ROACH EXECUTIVE DIRECTOR MARK [ CROSLEY ASSISTANT EXECUTIVE DIRECTOR Mr..~oe Weldon Director - Parks and Recreation City of Delray Beach 50 N. W. 1st Avenue Delray Beach, FL 33~,44 RE: Delray Beach Municipal Marina Dear Mr. Weldon: Enclosed, for your signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2000-2001. Once they have been executed, please return both originals to me for execution by the District. When returning the agreements, also include an executed Exhibit C, Matching Funds Form. ! will return one fully executed original agreement to you for your files. Should you have any questions please contact me. I~l/aark ~r~lsley Assistant Executive Director ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-627-3386 FAX No. 561-624-6480 www, aicw. org FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-DB-00-87 This PROJECT AGREEMENT made and entered into this day of , 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Delra¥ Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the pa_hies agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Delra¥ Beach Municipal Marina. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2002, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from the October 1, 2000. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2003, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July I, 2002. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Twenty percent (20%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $81,000.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Extfibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR .or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval b3; the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit A: personnel, equipment, project management, and design, permitting, planning, engineering, md/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the ~ROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retaine~t by the PROJECT SPONSOR until f'mal resolution of matters resulting from any litigation, claim, or special audit that starts pr/or to the expiration of the three- year retention period. 10. NONCOMPLIANCE The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 4 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local~ ~ermits and all applicable laws and regulations in the development of the PROJECT.. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and cr~nstmcted in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form ora deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 5 17. ACKNOWLEDGMENT The PROJECT SPONSOR shall erect a permanent' sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJEC~ improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, cons~J'uction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Delray Beach Attention: Director - Parks and Recreation 50 N. W. 1st Avenue Delray Beach, FL 33444 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, panner, or joint venturer with the PROJECT SPONSOR. 7 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurre~l by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: CHAIR DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: EXHIBIT A CHAPTER 66B-2.001 66B-2.002 66B-2.003 66B-2.004 66B-2.005 66B-2.006 66B-2.0061 66B-2.007 66B-2.008 66B-2.009 66B-2.010 66B-2.011 66B-2.012 66B-2.013 66B-2 -- WATERWAYS ASSISTANCE PROGRAM Purpose. Forms, Definitions,. Policy, Funds Allocation, Application Process, Emergency Applications. Application Form, Project Eligibility, Project Administration, Project A~m'eement, Reimbursement, Accountability, Acknowledgement, 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Watts Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History--New 12-17-90, Formerly 16T-2.001. 66B-2.002 -- Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History--New 12-I7-90, Formerly 16T-2.002. 66B-2.003 -- Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (11) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (12) "MElVli3ER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (14) "PRE-AGREEIVlENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (15) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (21) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a 3 first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade enviroranents of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 -- Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may als0 be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation rel&ted districts may be provided with financial assistance to pay part of the ~o~ts of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long- range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these roles. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the'matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth' in the project agreement. This release of program funds shall be on a reimb, ui'sement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fiRy (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this role. (10) The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (1) the percentage total of project funding which the Board has agreed to fund, or (2) the maximum application funding assistance amount. (12) All proje& costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project, sponsor ineligible for further participation in the program until such time as c~mpliance has been met to the satisfaction of the District. (17) All public' marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the publilc. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99. 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistax3ce to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the county in wkidh such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(I) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally, the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renoufishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or information (b) Law enforcement 1. Waterways boating safety programs 10 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education I. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local goyernments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for Waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this role section. Specific Authority 374.976(2) FS. Law Implemented374.976(1), (3) FS. History -- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 -- Application Process. (1) Applications for assistance through this program shall be submilIed.during the authorized submission period, which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by 11 reference and available from the District office located at 1314 Marcinski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4-12-95) and for compliance with the eligibility requirements of this rule. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-I~-95). When an application is determined by staff to be incomplete or. ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicant's presentation will at a minimum include a discussion of the applicant's answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 12 points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History --New I2-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006. 66B-2.0061 --7 Emergency Applications. Emergency gpplications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for 'the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061. 66B-2.007 -- Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007. 13 66B-2.008 -- Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging · 2. Public navigation aids and markers 3. Public boat ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. 14 (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the waterway such as the following: I. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts 5. Roadways providi.ng access to non-waterway users 6. Parking areas fol' non-waterway users 7. Utilities for'non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment I I. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs and can not exceed fifteen (I 5) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration and inspection costs; 15 d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection I. or 2. above, a construction contract for the project, approved and executed by the project sponsor and project contractor, must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project will not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures ors. 120.542, F.S., and Chapter 28- 104, F.A.C., to extend the date for receipt of the required environmental permits. Petitions filed pursuant to this rule section should be submitted to the District no later than July 1st to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. 16 Specific Authority 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS. History -- New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99. 66B-2.009 -- Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project .agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic .reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12- 17-90) hereby incorporated by reference and available from the District office, 17 which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B-2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority .374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Formerly I6T-2.009. 66B-2.010 -- Project Agreement. (I) For each funded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this role. Project agreements will be for a two-year period with the possibility for one, one-year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner*s concurrence. A minor project amendment shall not change the approved project's 18 category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 9-5 -96, Formerly 16T-2.010. 66B-2.011 -- Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All proje~.t costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include Supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these rules, reimbursement can not be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99. 19 66B-2.012 -- Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all pro,am funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other approt~riate information. (3) All requirgd final completion certification documents and materials as outlined in s. 66B-2,009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the' project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) F$. History--New 12-17-90, Formerly 16T-2.012. 2O 66B-2.013 -- Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project, which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publicatior~, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) F$. Law Implemented 374.976(1) F$. History -- New 12-17-90, Formerly 16T-2.013. 21 EXHIBIT B FLOREDA ]~[L~ND NAVIGATION DISTRICT WA i ~.RWAYS ASSISTANCE PROGRAM PROJECT COST ES i/MATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJE CT TITLE: APPLICANT: Delray Beach Municipal Marina City of Delray Beach Project Elements Quantity . Estimated Applicant's ('Number and/or Cost Cost Footage) FI2,rD Cos~ Clearing $12,000 $12,000 Mobilization, Traffic Maintenance $12,000 $12,000 Demolition $30,000 $30,000 Sidewalks (Brick) $30,000 $30,000 Roadway Construction $42,000 $42,000 Parking Area Construction $18,000 $i8,000 Signage/Striping $ 6,000 $ 6,000 Light Poles $36,000 $36,000 Trees $12,000 $12,000 Gazebos (2) $24,000 $24,000 Trellis (2) $18,000 ~18,000 Sod/Drainage/Irrigation (Water Quality Improvement) $42,000 $21,000 Building Renovation (Make bathroom/laundry area accessible) $48,000 $24,000 Dock repairs (Wood) $18,000 $ 9,000 Dock Gates/Fencing $18,000 $ 9,000 Seawall Repair~ $~,O00 $18,000 None None None None None None None None None None None $21,000 $24,000 $ 9,000 $ 9,000 . $18,000 TOTALS $402,000 $321,000 $81,000 Form No. 90-25 (New 10/14/9~ EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARYSEAL FIND Focm No. 95-O1 New 9/9/95 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Funds Previously Requested Batance Available Funds Requested Less Retainage (10%). Check Amount Balance Avaitabte Less Check Amount Batance Remainin8 PROJECT NO.: BILLING NO.: Expense Description (Shoutd correspond to Cost Estimate Sheet Categories in Exhibit "B') SCHEDULE OF EXPENDITURES Check No. Totat Vendor Name and Date Cost Applicant Cost FIND Cost FIND - Form No. 90-24 Rev. 9/3/92 F~ND - Form No. 90-24 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit EXHIBIT D CONTINUED SCHEDULE OF EXPENDITURES Check No. Vendor Name and Date Total AppUcant FIND Cost Cost Cost Certification for Reimbursement: I certify t~n~t ~ ~ expenseS~vere necessary and reasonabte for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "§" of the Project Agreement. Project Liaison FIND - Form No. 90-24 Rev. 9/3/92 Date EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways. 'Assistance Program Project Agreement between the Florida Inland Navigation District and , dated , 20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-13 Rev. 9/3/92 WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: ~.eport Due: Oct' 1-DEC 15 REPORT PERIOD Dec 15-Mar I Mar 1-June 15 (March 15) (June 31) June 15-Sep 1 (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2000 - DECEMBER 31, 2000 - MARCH 15, 2001 - JUNE 30, 2001 - Project Agreement Executed, Project Initiates. First Quarterly Report Due. 'Second Quarterly Report Due. Third Quarterly Report Due. DECEMBER 29, 2001 - MARCH 15, 2002 - JUNE 29, 2002 - SEPTEMBER 15, 200'1 - Fourth Quarterly Report Due. Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September 1st, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2002 - Closeout paperwork due. September 28, 2002 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit C, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting scheddli~3n Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the project agreement. EXHIBIT H FLORIDA INLAND NAVIGATION DISTRICT Agenda Item No.: ~.~. a Nna Z 9 SST Date: October 9, 2000 Request to be placed on: XX Regular Agenda (Consent) Special Agenda Workshop Agenda When: ~ber ~7. ~000 Description of item (who, what, where, how much): ~e~uest acce~tanc~ of two ~ra~ts and associated pro~ect a~ree~ents from the Florida Inland ~avisa~lon District to the Cit~ for $70~000 to help ~a~ for the 0dabaehian ~roperty ~r boat r~9 ~arkin~ and $81~000 for improvements at our City Marina. (Example: ..Request f~om Atlantic project graduation). ORDINANCE/ RESOLUTION REQUIRED: High School for $2,000 to fund YES~ Draft Attached:~'NO Recommendation: Accept ~rants amd Dro3ect a~reements (Example: NO. 001-3333-5§§-44.55). /1~' Department Head Signature: has reviewe&-asreements for form an~ legal ~e~fficiency. Recommend approval with funding from Special Events Account City Attorney _ Budget Director Review (requir. ed on all items .involving ~expen~di_tur~, Funding available: ~fES]/. ~NO,~.-FO ~ ~ .. Funding alternatives~'0~Wun%~O~ .Y~5~o~% (if a~plicable) Account No. & Description:~-q~-5~Z-~30 Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~'/-~ - REGULAR MEETING OF OCTOBER 17, 2000 ACCEPTANCE OF GRANT AWARD FOR POLICE PATROL BOAT OCTOBER 13, 2000 On March 21, 2000, the City Cormmssion approved the submission of a grant apphcation to the Florida Inland Navigation District for funding to assist with the purchase ora Police patrol boat. The Police Department has received notification that we have been approved for funding in the mount of $47,229. This represents 75% of the total cost of $62,974. The boat will assist in enforcing boating laws on the Intracoastal Waterway and intersecting canals within the City. It will also be used for inland water operations and will augment the mutual aid agreements that are m place with other law enforcement agencies. In addition to formally accepting the grant, the Commission is asked to approve the associated project agreement. The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Recommend acceptance of the F.I.N.D. grant in the amount of $47,229 to assist with the purchase of a Police patrol boat, and approval of the associated project agreement. RefiAgmemol 1.Acceptance of FIND Grant. Po[ice Patrol Boat TO: FROM: DATE: SUBJECT: MEMORANDUM David T. Harden, City Manager Richard Overman, Police Chief October 9, 2000 ACCEPTANCE OF PROJECT AGREEMENT FOR GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT. The City on behalf of the Police Department has been approved for a Waterways Assistance Program Grant from the Florida Inland Navigation District. The grant is for $47,229 or 75% of the total cost of $62,974 for a Police Patrol Boat. The remaining $15,745 will be taken from the City's General Construction Fund. This boat will assist in enforcing the 23 linear miles of Intracoastal Waterways and intersecting canals found within the City. This boat will also be used for inland water operations and will augment the mutual aid agreements that are in place with other law enforcement agencies. With this notification, we received the associated Project Agreements that need to be signed and returned to F.I.N.D. The originals have been sent to the City Attorney to review for form and legal sufficiency. Please place this item on the agenda for City Commission approval for the October 17, 2000 meeting. Richard Overman Police Chief Attachment Doc/pboat FLORIDA INLAND NAVIGATION DISTRICT October 03, 2000 COMMISSIONERS TED B. MOORHEAD CHAIR SREVARD COUNTY CHARLES R. FAULKNER VICE'CHAIR FLAGLER CO~INTY ,JO ANN ALLEN SECRETARY BT LUCIE COUNTY CATHLEEN C, VOOEL TREASURER MIAMI-DADE COUNTY M. BRENT WADOELL MART~N COUNTY LAURENCE D. LOCKER SROWARD COUNTY GEORGE P. BUNNELL INDIAN RIVER COUNTY PIERRE D. THOMPSON ST JOHNS COUNTY THOMAS P. JONES, JR. DUVAL COUNTY GRAYCE K. BARCK VOLUS~A COUNTY JI-ANC SONG PALM BEACH COUNTY DAVID K. ROACH EXECUTIVE DIRECTOR MARK T. CROSLEY ASSISTANT EXECUTIVE DIRECTOR Chief Richard Overman Police Chief City of Delray Beach 300 W. Atlantic Avenue Delray Beach, FL 33444 RE: Delray Beach Police Boat Dear Chief Overman: Enclosed, for your signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2000-2001. Once they have been executed, please return both originals to me for execution by the District. When returning the agreements, also include an executed Exhibit C, Hatching Funds Form. I will return one fully executed original agreement to you for your files. Should you have any questions please contact me. Assistant Executive Director ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-627-3383 FAX NO, 561-624-6480 www.aicw, org CITY OF DELRI:iY BEI:II:H CiTY ATTORNEY'S OFFICE DELRAY BEACH Ail,Arnica City 1993 DATE: October 10, 2000 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090, FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: Doug Randolph, Training and Development Manager FROM: Susan A. Ruby, City Attorney SUBJECT: FIND Project Agreements for 1.) Delray Beach Police Patrol Boat 2.) Delray Beach Municipal Marina 3.) Land Acquisition for Boat Ramp Parking (Odabashian) I have reviewed the above agreements presented by FIND. These "generic" agreements are acceptable as to form and legal sufficiency. However, the approval of the agreement concerning the land acquisition for Boat Ramp Parking (on the Odabashian Property) should be approved subject to closing on the property. I am retumhag the original agreements to you so that you can put them on the City Commission agenda for October 17, 2000. I understand you will provide a cover memorandum outlining the projects for the City Commission. Please call me if you have Attachment CC: Alison Harty, City Clerk Joe Weldon, Director of Parks and Recreation Chief Richard Overman, Delray Beach Police Department FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT Copy* PROJECT NO. PB-DB-00-85 This PROJECT AGREEMENT made and entered into this day of , 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Delrav Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: I. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Delrav Beach Police Boat. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2002, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years fi.om the October 1, 2000. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2003, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July l, 2002. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Seventy-five percent (75%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the. PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $47,229.00. 4. MATCHING FUNDS represents that it has the PROJECT The PROJECT SPONSOR warrants and SPONSOR Match Amount (the PROJECT AMOLrNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution, of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-20) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten pement (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit A: personnel, equipment, project management, and design, permitting, planning, engineering, and/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION o The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the. Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from' any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the fight to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. , I1. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 4 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NONCOMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT.. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and conswacted in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT Shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICTs staff · before conslxuction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and £mancial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver 9fany other breach o£the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of thi~ Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt: To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Dekay Beach Attention: Police Chief- 300 W. Atlantic Avenue Delray Beach, FL 33444 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 7 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the fight to full reimbursement fi.om the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any Costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action Or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: CHAIR DATE: PROJECT SPONSOR By:. Title: DATE: EXHIBIT A CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions.' 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 E .mergency Applications. 66B-2.007 Application Form. 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. 66B-2.011 Reimbursement. 66B-2.012 Accountability. 66B-2.013 Acknowledgement. 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History--New 12-17-90, Formerly 16T-2.001. 66B-2.002 -- Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS.' Law Implemented 374.976(1) FS. History --New 12-17-90, Formerly 16T-2.002. 66B-2.003 -- Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (11) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (12) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (14) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (15) "PROGR.42vI" means the Florida Inland Navigation District Waterways Assistance Program. (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (21) "PROJECT SPONSOR" means an eligible govemmental agency receiving program funds pursuant to an approved application. (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98. 66B-2.004 -- Policy. The following constitutes the policy of the District regarding the administration of the program: (I) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties 4 may also be provided financial assistance, support, and cooperation in planning · and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long- range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds' that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be fumished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (10) The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (1) the percentage total of project funding which the Board has agreed to fund, or (2) the maximum application funding assistance amount. (12) All project costs must be incurred and work performed within the project Period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be authorized if they are less than fifty (50) .percent of the project's total cost and if the expenses are eligible project expenses in accordance with this role. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the publilc. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History -- New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99. 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 Waterways Assistance Program Application Evaluation and Rating Form, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 2-6-97) hereby incorporated by reference and available from the District office. (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering fi.om a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistan~ce to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(I) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) fi.om the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All financial assistance and support to eligible governmental agencies shall require equal matching funds fi.om the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (I0) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally, the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment 1. All projec[s in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this pro,am shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education include: (a) Public navigation I. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or information (b) Law enforcement 1. Waterways boating safety programs 10 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local go.vernments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for Waterways related education and accessory facilities such as board~valks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. Specific Authority 374.976(2) FS.' Law Implemented 374.976(1), (3) FS. History -- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 -- Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period, which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 12-17-90) hereby incorporated by 11 reference and available from the District office located at 1314 Marcinski Road, Jupiter, .FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4-12-95) and for compliance with the eligibility requirements of this role. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. ,The applicant's presentation will at a minimum include a discussion of the applicant's answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 12 points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006. 66B-2.0061 -- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these · applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061. 66B-2.007 -- Application Form. Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22A. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007. 13 66B-2.008 -- Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types w. ill be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. I. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or information 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. 14 (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the water,ray such as the following: 1. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts 5. Roadways providing access to non-waterway users 6. Parking areas for ion-waterway users 7. Utilities for. non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: I. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs and can not exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration and inspection costs; 15 d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project, approved and executed by the project sponsor and project contractor, must be submitted to the District. (d) Applications for eligible waterway projects which include construction elements below mean. high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the 'construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project will not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures ofs. 120.542, F.S., and Chapter 28- 104, F.A.C., to extend the date for receipt of the required environmental permits. Petitions filed pursuant to this rule section should be submitted to the District no later than July Ist to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. 16 Specific Authority 374.976(2) FS. Law Implemented 374.976(I) -- (3) FS. Histo~ -- New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99. 66B-2.009 -- Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (I) A project agreement will be executed between the District and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing th'e work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. (3) The liaison agent may submit periodic 'reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12- 17-90) hereby incorporated by reference and available from the District office, 17 which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B-2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Formerly 16T-2.009. 66B-2.010 -- Project Agreement. (I) For each fuhded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (3) Ail project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's 18 category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History --New 12-17-90, Amended 9-5-96, Formerly 16T-2.010. 66B-2.011 -- Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these rules, reimbursement can not be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99. 19 66B-2.012 -- Accountability. The following procedures shall govern the accountability of program funds: (I) Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate information. (3) All required'final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History --New 12-17-90, Formerly 16T-2.012. 20 66B-2.013 -- Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project, which indicates the District's participation in the project. This sign shall contain the FiND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History -- New 12-17-90, Formerly 16T-2.013. 21 EXHIBIT B FLORI~A INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROo-ECT COST ESTI]VL~TE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Delray Beach Police Boat City of Delray Beach Project Elements Quantity Estimated (Number and/or Cost Footage) Applicant's Cost (25%) FIND Cost (75%) World Cat - 246SF boat with twin 150 HP Suzuki engines - T-Top and Trailer 1 $59,394 Siren and Speaker 1 $ 817 Emergency Lights 2 sets $ 1,260 VHF Mariner Radio and ANtenna i $ 620 Police Radio and Antenna i $ 883 $14,849 $ 205 $ 315 $' ~55 $ 221 $4A,545 $ 612 $ 945 $ 465 $ 662 TOTALS Form No. 90-25 (New I0/14/92) $62,974 $15,745 $47,229 Sponsor: EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matclfing funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95-01 New 9/9/95 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT WATERWAY5 ASSISTANCE PROGRA~ PAYMENT REIMBUP, SEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Funds Previously Requested Balance Available Funds Requested Less Retainage (10%) Check Amount Balance Available Less Check Amount Balance Remaining PROJECT NO.: BILLING NO.: Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost AppJicant Cost FIND Cost FIND - Form No. 90-24 Rev. 9~3~92 FIND - Form No. 90-24 · Page Two EXHIBIT D CONTINUED SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") Check No. Total Applicant FIND Vendor Name and Date Cost Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. Project Liaison FIND - Form No. 90-~4 Rev. 913192 Date EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ., 20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FiND Form No. 90-13 Rev. 9/3/92 EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: Kcport Duc: Oct 1-DEC 15 (Dec :3 l) REPORT PERIOD Dec 15-Mar 1 Mar 1-June 15 (March 15) (June 3 I) __ June 15-Sep 1 (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 200O - DECEMBER 31, 2000 - MARCH 15, 2001 - JUNE 30, 2001 - Project Agreement Executed, Project Initiates. First Quarterly Report Due. Second Quarterly Report Due. Third Quarterly Report Due. DECEMBER 29; 2001 - MARCH 15, 2002 - J-LINE 29, 2002 - SEPTEMBER 15, 2001 - Fourth Quarterly Report Due. Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September 1~, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2002 - Closeout paperwork due. September 28, 2002 - District finishes pro~essing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit C, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the project agreement. EXHIBIT H FLORIDA INLAND NAVIGATION DISTRICT Agenda Item No.: Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda (Consent) Date: October 9, 2000 October 17, 2000 · Description of item (who, what, where, how much): Request acceptance of ~rant and project agreement.from the Florida Inland Navigation District to the uity for $47~229 or 75Z of the total cost of 362,974 for a Police Patrol Boat. The remaining $15,745 will be taken from the City's General Construction Pund. This boat will assist in enforcin~ the 23 linear miles of Intracoastal Waterways and intersectinR canals found within the City. This boat will also be used for inland water operations and will augment the mutual aid agreements that are in place with other law enforcement agencies. (Example: .Request f~om Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ P~MSOLU~A~/ON I~EQ~IREO: YES~ Draft Attached: QNO Recommendation: Accept ~rant and pro.iect a~reement (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~~, ~~ City A~torney Review/ Recommendation (if applicable): Cit7 Attorney has reviewed.°a~reement for form and legal sufficiency Budget Director Review (required on al~l ,item.s i~volving ex~pendi__ture~ Funding available: y~/ NO~%- Funding a!ternatives :~ Account No. & Description: Account Balance: City Manager Review: Approved for agen~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved To: From: Date: Subject: DELRAY BEACH POLICE DEPARTMENT David T. Harden City Manager Captain Ross Lieata W Director of Support Services October 9, 2000 Delray Palm View, Inc. Site License Agreement Attached for your review and approval is the Site License Agreement between the City of Delray Beach and Delray Palm View, Inc. The agreement is necessary for the City to install a required Receive Antenna for our new 800 MHz Radio System on the Hardrives Tower located at 2101 South Congress Avenue in Delray Beach. The Receive Antenna is a necessary component to ensure the system coverage at the level guaranteed by Motorola in our contract dated March 17, 2000. Assistant City Attorney, Brian Shutt, reviewed the agreement and he informed me that all changes were made to his satisfaction (see attached). A tower analysis still needs to be performed on the Delmy Palm View tower to ensure that the tower can handle the additional load'mg of our equipment. I now have the current loading data on the Delray Palm View tower to provide to the engineer performing the study. The study should be complete in the next two weeks. At my request, the management at Dekay Palm View has included language in the agreement that stipulates the tower must be able to support our equipment or we can terminate the agreement. It is my recommendation that we proceed with this issue and forward the agreements to the City Commission for final approval. If you have any questions, don't hesitate to contact me. cc: Chief Overman Captain Phillips [lTV OF DELRrlV BEI:I£H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.AmedcaCity 1993 MEMORANDUM DATE: September 29, 2000 TO: FROM: Captain Ross Licata District 3 Commander Brian Shutt, Assistant City Attorney SUBJECT: Delray Palm View, Inc. Site License Agreement I have reviewed the latest version of the agreement and the requested changes have been made. Please call if you have any questions. SITE LICENSE AGREEMENT #FLA063257 This Site License Agreement is between Delray Palm View, Inc., a Florida corporation, (the "Licensor"), and City of Delray Beach, (the "Licensee"). DESCRIPTION OF PARTIES Whereas, Licensor is the owner of the facility which is described in Addendum A (the "Site"), that makes possible the operation of radio and related equipment; and Whereas, Licensee wishes to operate radio and related equipment on the Site of the Licensor; and Whereas the Licensor / Site Manager supervises the Licensee's use of the Site, inspects and regulates the use of Licensee's equipment pursuant to the details herein, and works to resolve any issues that may arise during the term of this Licensee Agreement. CONTRACT PERIOD AND TRANSFERS Now therefore, in consideration of the terms and conditions as outlined in this Agreement, Licensor grants to the Licensee for the term outlined in Addendum A, use of the site, public utility access and use of a portion of the transmitter room for the installation, maintenance, repair, operation and removal of Licensee's equipment as described in Addendum A attached hereto. This Site License Agreement is not assignable without Licensor's and Site Manager's prior written consent, which consent will not be unreasonably witttheld. Conditions for assignment include, but are not limited to retention of the same technical specifications described in Addendum A and compliance with the terms of this Agreement. Licensor cannot assign this Agreement or interest in this Agreement to any other party without the express written permission of ANI; such permission not to be unreasonably withheld. INDEMNIFICATION Licensor may, at its discretion, maintain a general liability policy covering the Site in force at all times to protect the interests of the Licensor. Neither Licensor nor its policy extends any liability coverage to Licensee. In the event of the loss of the Site for any reason, the Licensor may, in a reasonable amount of time, and without any liability to the Licensee, choose to restore the Site or to terminate this Agreement. "Licensor" includes Delray Palm View, Inc., its affiliates and subsidiaries, and any person or entity working for or on behalf of the Licensor. "Licensee" includes any person or entity working for or on behalf of the Licensee. Nothing in this License Agreement shall restrict or impair, in any way, Licensor's or its assignee's privilege to cease using the site for broadcasting purposes and Licensor or its assignee shall thereupon have the option to terminate this License, provided that in such event, Licensee will be provided reasonable notice thereof and Licensee shall have no recourse against Licensor and no further obligation to Licensor. Licensee will at all times indemnify and save harmless Licensor and the Site, to the extent permitted by law, from any and all costs, losses, damages, liabilities, expenses and actions whatsoever, including reasonable attorneys' fees, which may arise from or be claimed against Licensor or the Site by any person or persons, from any injuries to persons or property, or damages of whatever kind or character consequent upon or arising from Licensee's use of the Site hereunder or arising from any failure by Licensee to comply and conform with all laws, statutes, ordinances and regulations of the United States, the State of Florida, the County of Pall Beach and any municipality in which the Site is located, or any agency thereof, now or hereafter in force. Licensee may self-insure the above obligations. Upon request from Licensor, Licensee shall provide Licensor with evidence of its ability to self-insure. Routine Licensee equipment ~pairs and maintenance in the transmitter room excepted, all Licensee's plans for antenna work (including repairs to antennas) must be approved by the Site Manager prior to commencement of such work, which approyal shall not be unreasonably withheld or delayed. However, such approval shall be contingent upon plans being satisfactory to the Site Manager, pending the inclusion of plans for adequate insurance and shall not disrupt the existing operations of other users of the Site, any additional liability insurance required by the Licensor and/or the Site Manager for the specific work must be on file with the Site Manager before work begins, and this insurance may be provided by the company retained to complete work on the Site, as long as such insurance is acceptable to the Site Manager. Any emergency ~pair by the Licensee not having insurance approval from the Site Manager must have specific approval from the Licensor. PAYMENTS AND NOTICES Site License Agreements shall be subject to fees and charges detailed in Addendum A, and payable to the Billing Agent, as indicated in Addendum A. The security deposit shall be held against damage to the site and is not a monthly license fee. First month license fees, startup fees, all applicable taxes and security deposits, as detailed in Addendum A and proof of insurance must be received prior to any startup activities. Monthly license fees and all applicable taxes are due on the first of each month without monthly notices of same. Licensor grants Licensee a grace period for monthly license fees ending on the 10th of each month. License fees received by the Billing Agent after the 10th of any month shall be assessed a late fee equal to 5% of the outstanding balance. The Billing Agent may send a '~Iotice of Nonpayment" to the address found in Addendum A via carrier as detailed herein. The monthly fee as detailed in Addendum A shall be assessed to the Licensee starting from the Date of Commencement or as otherwise detailed in Addendum A. Any Licensee site activity during startup shall constitute occupancy of the site and activate monthly fees due from the date of such occupancy. Partial month occupancy shall be calculated by multiplying the current monthly rate times the percentage of the month Licensee is on the site and shall be due on the next "th-st of the month." Any notice or demand required or permitted to be given or made hereunder shall be given or made via carrier providing proof of service and addressed as set forth in Addendum A. Any such notice or demand shall be deemed to have been given or made at the time it is sent. Licensor or Licensee or Site Manager may from time to time designate any other address for this purpose by written notice to the other parties. Notification to the Site Manager of any change in the business notification address of the Licensee as shown in Addendum A shall be the responsibility of the Licensee. DEFAULT PROVISIONS Upon the occurrence of an Event of Default, Licensor shall have the option, in its sole discretion and upon written notice, to suspend Licensee's site operations effective immediately without recourse against it and to pursue any remedy available to collect amounts due from Licensee under this Agreement. Suspension of Licensee's site operations shall in no way mitigate or reduce the Licensee's financial obligation to the Licensor for the term of this Agreement. The following shall be deemed "Events of Default by Licensee": A. Licensee fails to make any payments of monthly fees, or additional charges, more than thirty (30) days past due, and fails to cure within ten (10) days of being sent a "Notice of Suspension of Site Operations" as detailed below. B. The Licensee files or has filed against it any bankruptcy or insolvency action. C. Licensee fails to comply with any material provision of this Agreement or to begin corrective action within ten (10) days to comply with written orders of the Site Manager and/or Licensor to resolve technical or safety problems arising in connection with Licensee's use of the Site; provided, however, where any such breach is not cured within said period, Licensee shall not be deemed to be in default under this Agreement if Licensee commences to cure such breach within said period and thereafter diligently pursues such cure to completion. Failure of Licensee to make any payment more than thirty (30) days past due shall activate the option of the Licensor to suspet~d Licensee's site operations. A "Notice of Suspension of Site Operations" will be sent to Licensee. If financial matters are not resolved within 10 days from the date the suspension notice is sent, Licensee's site operations shall be suspended and any expenses incurred on behalf of the Licensor to collect money due or to suspend Licensee's site operations shall be borne by Licensee. If privileges are suspended, Licensee shall be subject to a $100.00 reconnect fee. If site privileges are suspended due to nonpayment, all payments for current charges, past due sums as detailed on the Notice of Suspension, and reconnect fees must be received by Billing Agent before the suspension notice will be rescinded and Licensee may resume site Operations. Upon occurrence of an Event of Default with respect to bankruptcy or insolvency or upon the continuation of an Event of Default for thirty (30) days, the Licensor shall have the option, in its sole discretion and upon written notice, to terminate this Agreement. Such termination shall in no way mitigate or reduce the Licensee's financial obligation to Licensor for the term of this agreement. Any expense incurred on behalf of the Licensor to collect money due or to terminate the Licensee's site operations shall be borne by the Licensee. In the event of a default by Licensee, Licensor shall be entitled to recover from Licensee all costs of collection, whether suit is filed or not, including reasonable attorney's fees, court costs, expenses and interest at the legal rate and all costs, fees and expenses on any appeal. In the event of termination of this Agreement by Licensor, Licensee shall have no further responsibility to Licensor regarding the rental or lease payment after the date of such termination, from the date that the Licensee removes all Licensee equipment from the site. In the event of termination of this Agreement by Licensee, for cause, Licensee shall have no furthar responsibility to Licensor regarding the rental or lease payment after the date of such termination, from the date that the Licensee removes all Licensee equipment from the site SUBORDINATION This Agreement is and shall be subordinate to all renewals, modifications, and consolidations. It shall also be subordinate to all mortgages which may now or hereafter affect the Licensor's Site. The Licensee agrees, upon request of the Licensor, to execute any agreement accepting the mortgagee as new Licensor, provided the agreement protects and extends to the Licensee the complete considerations of this Agreement including the terms of default and termination of this Agreement. SITE EQUIPMENT Equipment Installation - The monthly fee for the Licensee has been determined by an evaluation by the Site Manager of all the operations and facilities the Licensee plans to use. This evaluation combined with market value considerations has determined the rates listed in Addendum A. The Licensee must provide to the Site Manager detailed and specific plans of all site equipment and may make no changes including without limitation, frequency changes, from what is detailed in Addendum A, with the exception of equipment exchanges of the same type and size, without specific authorization from the Site Manager. Equipment Compatibility - Every effort on the part of the Site Manager will be made prior to installation of any equipment, to ensure that no harm or interference will be received by the Licensor or other licensees at the Site, as a 3 result of the activities of the Licensee. Licensee is obligated to operate its equipment in such a manner that it does not cause interference to Licensor or to any other licensee or user of the Site. In the event any interference or harm becomes an issue, the Site Manager will immediately be notified of the problem and Licensee must take all steps necessary to cease any such interference or harm. In the event Licensee cannot resolve any interference problems which it has caused, Licensor may terminate this Agreement immediately, without recourse against it. In the event the Licensee has reason to believe that another licensee is causing interference or harm to the Licensee, the Licensee shall contact the Site Manager. The Licensee shall in no way interfere with, tamper or modify in any way any other licensee's equipment. Any such tampering, modification or interference shall be grounds for possible suspension of Licensee's site operations. The Site Manager will, in all cases, have complete and exclusive and final authority to resolve all such problems. Site Manager agrees to cause to be eliminated, in a timely manner, without cost to Licensee, any interference to Licensee's operations resulting from Licensor's or another party's subsequent installation of any equipment or machinery on the Site. If such interference fails to be eliminated within a reasonable length of time, not to exceed forty-eight (48) hours, Site Manager shall require the party causing the interference to cease using the equipment which is causing the interference, except for short tests necessm3, for the elimination of the interference. If the interference to the Licensee cannot be resolved, Licensee shall be permitted to terminate this Agreement, and shall have no further recourse against Licensor. Equipment Maintenance - If it is determined by the Site Manager that the Licensee's equipment is causing interference or harm to another licensee or the Licensor, the Licensee will be advised of the problem, or given specific inslructions to resolve the problem, including any special hardware deemed necessary by the Site Manager to correct the problem. The Site Manager may issue written notification of the action required to the Licensee and failure to comply, or to turn the equipment off within 48 hours will be considered an Event of Default under this Agreement. Special Permit - If the Site Manager deems it necessary to immediately terminate all or part of the Licensee's operations on the Site because of harm or interference to other licensee's or the Licensor's operations, continuation of operation for the purpose of testing and evaluation will be done only with prior written authorization from the Site Manager. This written permission to operate will specify days and times to test and may be canceled immediately by verbal instructions from the Site Manager. Special Privilege - As part of the duties of the Site Manager to the parties at the Site, the Site Manager may request access to any licensee's equipment within 24 hours of notice for the purpose of evaluation of performance and inspection. For example: a site licensee experiencing interference from another licensee may be at fault for lack of receive filtration. The Site Manager will mediate between the parties to determine what steps are to be taken and which parties shall assume specific expenses to correct the problem. Abandoned Equipment - Any Licensee property remaining at the site shall be considered to be abandoned personal property upon 30 days after the termination or expiration of this Site License Agreement. Such Licensee property shall be subject to removal and storage by Licensor or Site Manager. Licensee agrees to pay all storage and removal fees as well as a sum equal to the current per diem rate under this Agreement for every day until removal from ~aid storage. Licensor or Site Manager shall provide Licensee, within five (5) days of said removal, written notification of the location of storage of Licensee's equipment and the procedures by which Licensee may reclaim such equipment. LAWFUL USE AND COMPLIANCE Licensee shall not use or permit use of the Licensor's Site in any manner which violates the Certificate of Occupancy for the Licensor's Site or makes void or voidable insurance of the site or that causes any limitation of insurance coverage or that causes any increase in coverage premiums for fire and other insurance required to be furnished by Licensor hereunder or which will cause structural injury to the buildings or tower or any part thereof or which will constitute a public or private nuisance or which may violate any present laws, rules and regulations of any guvemmental authority having jurisdiction over the Site. 4 FORCE MAJEURE In the event that Licensor should be delayed in, or prevented from, performing or carrying out any of the agreements, covenants, and obligations made by and imposed upon Licensor by this agreement, by reason of or through any cause reasonably beyond its control and not attributable to its neglect, including sWike, stoppage in labor, failure of contractors or suppliers of materials, riot, flood, fue, hurricane, weather, invasion, civil war, commotion, insurrection, military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action, order of any civil or military authority (either de facto or de jure), explosion, act of God or public enemies, failura or malfunction of system facilities, unscheduled outages of generation, transmission or distribution facilities; then, and in each such case or cases, Licensor shall not be liable to Licensee or any other party for or on account of any loss, damage, injury, or expense (including consequential damages) resulting from or arising out of any such delay or prevention from performing; and provided further, that Licensor shall not be required to setXle a strike affecting it except when, according to its own best judgment, such a settlement seems advisable. DESTRUCTION/CONDEMNATION If the Site is damaged, destroyed, condemned, or h'ansferred, in lieu of condemnation, Licensee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer by giving notice to Licensor no more than forty-five (45) days following the date of such condemnation. If Licensee chooses not to terminate this Agreement, the monthly license fee shall be reduced or abated in proportion to the actual reduction or abatement of use of the Site. In the event of the loss or deshmction of the Site for any reason, Licensor may, in a reasonable amount of time not to exceed ninety (90) days, and without any liability to Licensee, choose to restore the Site or to terminate this Agreement. SCOPE OF JURISDICTION This Agreement, including Addendum A and amended Addendum A, if any, which are made a part of this Agreement, embodies the entire Agreement between the parties and shall become effective only at such time that it has been executed by the Licensor, the Licensee and the Site Manager. Any amendment to be valid must also be executed by the same parties and shall become a part of this Agreement. All the provisions between the parties contained herein shall comply with the laws of the State of Florida. If litigation is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to costs and attorneys' fees, including appellate fees. Should any provision of this Agreement become invalid, the remaining provisions of this Agreement shall continue. The Licensee, Licensor and Site Manager hereby represent that all required action has been duly taken to authorize the execution and delivery of this Site License Agreement. IN WITNESS WHEREOF, ~he parties hereto have agreed: "Licensee" City of Delray Beach Wime$$e$: Printed Name: Printed Name: By: Printed Name: Title: Date: Address: Witnesses: Printed Name: Printed Name: "Licensor" Delray Palm View, Inc., a Florida corporation By: Printed Name: Title: Date: Address: Wimesses: Printed Name: Printed Name: "Site Manager / Billing Agent" Alternative Networking, Inc., a Florida Corporation By: Printed Name: Gary Starkweather Title: V.P, / Broker Date: Address: 1300 Riverland Road Fort Lauderdale, FL 33312 Addendum A For Site License Agreement #FLA063257 Site Location Details Antenna on a tower 2101 S, Congress Avenue Delra¥ Beach, FL 33445 Cc-.~? wfCounty of Palm Beach Latitude 26-26-02 Longitude 80-05-30 Total S~mcture Height AGL 430 Ft. Licensor Delray Palm View, Inc. Phone 1-561-278-0456 2350 S. Congress Fax 1-561-278-2147 Delra¥ Beach, FL, 33445 Licensee City of Delra¥ Beach Phone 1-561-243-7010 300 West Atlantic Avenue Fax 1-561-243-7166 Delmy Beach, FL 33444-3695 Arm: City Manager Licensee Notification Cit), of Delta)' Beach 300 West Atlantic Avenue Phone 1-561-243-7857 Fax 1-561-243-7816 Delta), Beach, FL 33444-3695 Atln: Ms. Katie Hartmann Attn: Arm: Captain Ralph Phillips Phone 1-561-243-7854 Fax 1-561-243-7816 Phone 1-561-243-7010 with copy to City of Delray Beach 300 West Atlantic Avenue Fax 1-561-243-7166 Delm~ Beach, FL 33444-3695 Attn: City Manager Site Manager Billing Agent Alternative Networking Inc. Phone 1-800-733-9929 1300 RiverlandRoad Fax 1-954-581-4743 Ft. Lauderdale, FL 33312 Site License #FLA063257 ~ Item Detail Charoen Detail Receive System Antenna - with preamp Celwave BMR 120 or ~ClUiV. $225.00 Private or Shared Private Center o f Radiation - AGL 305 Ft. $401.63 48" aide am mount Antenna Bracket SST Model #HM4 or equiv. Coaxial Cable Diameter 7/8 inch. Coax Riser # 60 Base Rate Per Foot $1.58 Rate Per Foot After Discount $1.34 Tower Top PreAmp Antenna C¢lwavc PD 10022 Private or Shared Private Center of Radiation - AGL on roof of equipment room $0.00 Antenna Bracket existin~ on rooftop Coaxial Cable Diameter 1/2 inch Receive Frequency #1 821.3750 Mhz. Receive Frequency #2 Equipment Receive Frequency #3 Receive Frequency g4 Receive Frequency #5 821.7750Mhz. 821.8075Mhz. 822.6750Mhz. 823.1500Mhz. 5 Receivers Floor Space # W21 T & B FloorSpace Cost Per 22" W,24" D,42" H Unit $25.00 Floor S~ace # W22 T & B Nmnber of 42" High Units 4 $100.00 Fee Sub Total Before Discount Taken $726.63 Term = 5 }~ears Percentage Discount Taken ] 5.00% ($108.99) Fee Sub Total After Discount Applied $617.64 Usage Fees Cost Per KiloWatt Hour $0.095 Usage Fees Are Adjustable Transmit Hours Per Day 24.0 Station Consumption 147.1 Watts Monthly Station Consumption Air Conditioner Consumption Station Consumption 106.0 Kilowatt Hours $10.07 58.0 Watts Cooling S~,stem Consumption Monthly Coolin~ KWH 41.8 Kilowatt Hours $3.97 Maintenance Fee Coolin~ S~'stcm Maintenance Fee $0.87 Auxlliar~ Power Generator Fee Rate 0.07 $1.68 FEE DETAIL SUB TOTAL $634.22 As of the draft date Sales Tax d~es not apply Opening Monthly Payment $0.00 $634.22 No Security Deposit Held $0.00 One Time Startup Fee Administrative Fee $500.00 Site License Agreement #FLA063257 Terms and Conditions The annual escalator for the monthly license fee is 3% plus applicable taxes. All fees detailed in the Fee Detail section must be paid to the Billing Agent on or before the date of commencement, prior to start up of Licensee operations. Licensee shall have 24 hour a day, 7 days a week access to the space described above for the purpose of murine maintenance and repair of the Licensee equipment. Licensee agrees to install passband filters and dual isolators to the output of their h'ansmitters at all times. Licensee acknowledges that Licensee has no access to high risk exposure areas such as rooftop or tower, if any, without specific approval from the Site Manager (in advance) for each request as needed. Any violation of this section is grounds for immediate suspension of site operations. Licensee agrees to remove the three abandoned Conxus lines and antennas from the tower. The antennas and lines are at the 305 feet on the tower, on the NE and SE legs, and at 175 feet, on the NE leg. Licensee agrees to use a heavy duty side mount, Model #HM4 or equivalent, made by SST Fabricators, to stabilize their receive antenna on the tower. Ifa tower analysis done by an engineer registered in the State of Florida indicates that the tower does not have the capacity to hold the City of Delray's antennas, this Site License Agreement may be terminated by the Licensee or Licensor, prior to the installation of Licensee's equipment. Term of Agreement in years, 5. This License shall automatically be renewed for three (3) terms of five (5) years unless one of the parties gives notice to the other party, in writing, of its desire not to extend, such notice being given not less than ninety (90) days prior to the expiration of the current term or any renewal term of the License. If this License is permitted to automatically renew, all of the terms and conditions contained within it shall continue in force and the annual escalator shall continue to apply. Date of Commencement: January 1, 2001. License fees shall begin to accrue the earlier of (a) The date Licensee first places equipment at the site, provided Licensee notifies Site Manager of the date of installation within ten days of such installation; or (b) Sixty days from this commencement date. If Licensee fails to notify Site Manager within ten days of installation, the license fees shall accrue from Date of Commencement. Agreed to by the parties: "Licensee" City of Delray Beach Witnesses: By: Printed Name: Title: Date: Address: Printed Name: Printed Name: 9 Witnesses: Printed Name: Printed Name: "Licensor" Delray Palm View, Inc. a Florida corporation By: Printed Name: Title: Date: Address: Witnesses: Printed Name: Printed Name: "Site Manager / Billing Agent" Alternative Networking, Inc., a Florida Corporation By: Printed Name: Gary Starkweather Title: V.P. / Broker Date: Address: 1300 Riverland Road Fort Lauderdale, FL 33312 l0 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Butler, Community Improvement Director ~ Lula October 11, 2000 2000-2001 Community Development Block Grant Subrecipient Funding Agreements: MAD DADS, and the Community Child Care Center ITEM BEFORE THE COMMISSION: This is to request approval to execute the agreements for funding of the above listed subrecipients under the 2000-2001 Community Development Block Grant (CDBG) Program. BACKGROUND: In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 1, 2000, to obtain public comments on the proposed budget and for approval of the Community Development Block Grant Consolidated Action Plan for Fiscal Year 2000-2001. The Commission approved the Action Plan, which contained appropriations for the agencies as listed above. CDBG Program regulations (24CFR 570.503) requires written agreements prior to the disbursement of funds to subrecipients organizations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATIONS: Staff recommends approval and execution of the attached two (2) agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2000-2001. Agenda Item No.: ~'. ',7'. AGENDA REOUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: October 9, 2000 When: October 17,2000 Description of item: Request to approve and execute agreements for funding of two (2) Community Development Block Grant subrecipients for Fiscal Year 2000 - 2001. Funding will be made available from various accounts within the CDBG budget. Total funding is $70,000. Funds will be distributed as follows: $52,000 MAD DADS; and $18,000 Community Child Care Center. Recommendation: Staff recommends approval and execution of the agreements for funding. CDBGTotal: $52,000.00 Account Number: 118-J~66-554.83-01 $18,000.00 -- --~ 118~/1,966-554.82,09 Department Head Signature: ' ~ l~r,/ t'~'/¢~ ~ /)- ap~p City Attorney Review/Recommendation (if licable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available~NO Funding Alternative'S: (if applicable) , Account No. & Desc~ption: Account Balance: i -tq o- q-i, gz-O5 City Manager Review: ~'NO Approved for Agenda: (_.~/, ~r) ~ :~Z'q COO Hold Until:_ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND MAD DADS OF GREATER DELRAY BEACH 2000-2001 (October I, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7th) day of NOVEMBER, 2000, between the City of Delray Beach, hereinafter referred to as "City" and MAD DADS of Greater Delray Beach, hereinafter referred to the "MAD DADS" and/or the "Agency", having its principal office located at, is related to the provision, as per the budget approval by the City Commission on August 7, 2000 and effective October 1, 2000 through September 30, 2001, of $52,000.00 in Community Development Block Grant Funds to MAD DADS for the partial salaries of two (2) full-time direct service delivery positions at fort,/ (40) hours per week, to assist in the City's Neighborhood Stabilization efforts, upon the following terms and conditions: a,) b.) c.) e.) f.) g.) The awarded CDBG funds are provided in support of the following activities: Coordinating crime prevention activities through neighborhood/resident associations; Establishing support groups for parents of children identified by the local school system as economically disadvantaged; Organizing mentors for high-risk youth; Organizing supervised recreation programs with drug prevention components such as midnight basket ball programs, community youth choir, drill teams, etc.; Working with local schools providing dropout prevention programs; Other activities which contribute to the stabilization/revitalization of the CDBG Target Area which has its boundaries, 1-95 to the West, Federal Highway to the east, Lake Ida Road to the north and Linton Blvd to the south. Funding is provided in support of MADDADS' neighborhood stabilization, youth development and family strengthening programming components. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means MAD DADS of Greater Delray Beach e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse eleven (11) monthly payments in equal amounts of $4,333.34 and the twelfth (I2) monthly payment in the amount of $4,333.26 for the partial salaries of two (2) full-time positions at forty (40) hours per week (includes salaries, FICA, and partial payment of health insurance benefits. Disbursements will be available no later than the first working day of each month, beginning in October, 2000 and continuing through September, 2001. Disbursements released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Ail services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $52,000.00 for the period of October 1,. 2000 through September 30, 2001. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. Ali service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide the City monthly time sheets to the city reflecting actual time worked (in accomplishing goals) by the CDBG funded positions and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. An activity report identifying progress made, problems encountered and proposed solutions to the same should also be submitted. Time sheets shall reflect actual hours worked by the two (2) persons employed under this agreement. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of I984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as mended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) 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 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: Signed By: Authorized Agency Official CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7th) day of NOVEMBER, 2000, between the City of Delray Beach, hereinafter referred to as "City" and Community Child Care Center of Delra¥ Beach, hereinafter referred to the "Center" and/or "Agency", having its principal office located at 555 Northwest 4th. Avenue, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on August 7, 2000 and effective October 1, 2000 through September 30, 2001, of $18,000 in Community Development Block Grant Funds to the Center for the partial salary of one full-time administrative position (Assistant Director) at forty (40't hours per week, upon the following terms and conditions: Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means Community Child Care Center of Delray Beach e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse twelve (12) monthly payments in equal amounts of $1,500.00 for the salary of one (1) full-time administrative position (Assistant Director) at forty (40) hours per week. Disbursements will be available no later than the first working day of each month, beginning in October, 2000 and continuing through September, 2001. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $18,000 for the period of October 1, 2000 through September 30, 2001. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City taws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide to the City a monthly attendance and enrollment roster that identifies the number of enrollees and levels and family income. The Agency also agrees to provide monthly time sheets to the city reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. in addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, co]or, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and ,output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies o£transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the ED Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end o£ any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist..in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits, 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) 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 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any reaI property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: ~],*/~'~'s~' Singed By: Autl(ori~dl Agency Official WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Memorandum To: From: Date: Re: David T. Harden, City Manager Howard Wight, I~ Dir Construction Division /I October 12, 20~ ~/L~ Tropic Isle Car~al Dredging (PN 00-11) Change Order #1 - Additional Dredging Material Quantity Attached for Commission approval is an agenda request for Change Order #'1 to Subaqueous Services, Inc. on the above referenced Project. It adds 5,000 cubic yards (cy) of dredged material to the Contract quantity. The existing Contract allows for 2,500 cy of material to be removed. The additional material will be paid at the original Contract unit price of $20.00/cy. The amount of the Change Order is an add of $100,000.00, to P.O. #589699. This change resulted from a more detailed survey of existing conditions by Sea Systems, Inc. than was originally compiled by Coastal Planning and Engineering, Inc. Coastal's survey was used in design by City staff for determining bid quantities; Sea Systems is being used by the contractor to fulfill their Contract requirement for as-built information. Coastars quantities were based on two sets of elevations parallel to the centerline of each canal; Sea System's quantities were based on four sets of elevations parallel to the centerline of each canal. Both used Global Positioning Systems (GPS) to collect data. The difference in the two methods has resulted in a more detailed survey of the existing bottom contours by Sea Systems which estimates approximately 12,000 cy of material to be removed as compared to Coastal Planning's estimated 2,500 cy of dredged material. City engineering staff has reviewed the data collection and calculations from both firms and concurs with the larger quantity estimated by Sea Systems. Final quantities of material actually dredged and paid for at the Contract unit price will be calculated from the difference from the original survey cross sections and and the as-built survey (both compiled by Sea Systems) after completion of the dredging operation. The dredging of the canals is being dictated from the settlement of a lawsuit with the Tropic Isle Homeowners Association. The settlement stipulates that excavating material down to elevation -5 feet MLW (-5.7 NGVD) 25 ft on either side of the centerline of each canal in Tropic Isle; and at each drainage outfall pipe. It also dictates that dredging must commence within 90 days of the order (work is in progress) and be completed within two (2) years. Upon completion of this on-going work in approximately thirty (30) days only +/-7,500 cy of the 12,000 cy will be dredged. This partial quantity was determined from funds available at this time. The remaining +/-4,500 cy will be completed at a later time as funds become available but prior to the two year stipulation. Staff recommends approval of Change Order #1 for a net add amount of $100,000.00 to Subaqueous Services, Inc. Funding Source is 448~5461-538-65.54 (Tropic Isle Dredging). File: 00-11A :colmem.doc Agenda Item No.: ~.//~. AGENDA REQUEST DATE: October 11, 2000 Request to be placed on X __ __ Regular Agenda Special Agenda __ Workshop Agenda When: October 17, 2000 Description of item (who, what, where, how much) Attached for Commission approval is an agenda request for Change Order #1 to Subaqueous Services, Inc. on the Tropic Isle Canal Dredging Project (PN 00-11). It adds 5000 cubic yards (cy) of dredged material to the Contract. The existing Contract allows for 2,500 cy of material to be removed. The additional material will be paid at the original Contract unit price of $20.00/cy. The amount of the Change Order is an add amount of $100,000.00. Funding Source is 448-5461-538-65.54 (Tropic Isle Dredging). ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFTA'i-I'ACHED YES/NO Recommendation: Staff recommends approval of Change Order #1 to Subaqueous Services, Inc.__ Department Head~, /'~.~ _J._J ~ . .//~/',, Signature: ~~ ~ ~:~..~ k..~ -/Z.-'.--~ /~' ~ 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 ~/"O~J~ lh[~ Funding alternative~-' (if applicable) Account No. & Description 448-5461-538-65 . 5/4 '~:op±c Tsles D~:eclg~.~tg Account Balance $].00~000.00 City Manager Review: ,~"x ~ Approved for agenda: ,~t:~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-011 (A) projects/2000-011/contract/agenda.doc ;en~: By: CP&E; 561 391 9116; Jul-19-00 ?:3S; Page 2/4 COASTAL PLANNING & ENGINEERING, INC. 2481 N.W. BOCA P. ATON BOULEVARd, BOC^ ~TON, FL 53431 /4819.11 COASTAL & QC~Nq ENGINEERING (561) 391-8102 Fax: (561) 391-9116 lnternet: h It p;//ww'~v.cpeboca.com E-mail: mail@cpe,dynlp.com December 27, 1999 Ra~dal Krejcarek City Engineer City of Delray Beach 100 N,W. First Avenue Dekay Beach, FL 33444 RE: Tropic Isles Canal Dredging Dear Mr, Krejcarek: Wc have completed our survey of the Tropic Isles canals. Sewral copi~ of the survey are attached for your usc. The survey indicates that s.~veral of the canals are slightly shoaled and several others have depths that meet or exceed the City's design elevation (-5 feet mean low water [MI, W]). A preliminary dredge volume 0£2,000 cubic yards is required to return 'navigable depths to -5 feet MLW (-5.7 feet NGVD) throughout the Tropic Isles canals, A fifty ~)ot wide channel was assumed. Cost Estimate Thc factors that affect thc cost of canal dredging include type of material to bc dredged, thickness of dredge cut, distance to disposal area, disposal methodology, project access, and industry factors, These factors are discussed in the following sections. It is assumed that the proposed dredging of thc canals to -5 feet MLW is maintenance dredging and that all the material would be loose sands and silts. This should result in efficient d~dging regardless of methodology. When I spoke to one local marine contractor; hc ~ndlcated that h~ knew that several of the canals had rock ledges at thc entrances. While the canals he referenced did not appear to require dredging at the ~ntrances, the possibility ~xists that rock may be present in some locations in Tropic Isles. Rock dredging may cost from $$0,00 to $100.00 per cubic yard due to the slow production and equipment r~quiroments, The survey indicates, that within thc Tropic Isle subdivision, that thc thickness of sediment to be r~moYed to restore - $ fact MLW conditiovz averages less than 1.0 feet, Only at the west end of canal 2 does the thickness reach 2 feet, The estknatcd 2,000 cubic yards is spread over approximately one mile of canal; thus dredge cuts will bc thin and may not be efficient for mechanical (clamshell) dredge equipment. Disposing of the dredge mater/al is an important part of any dredging project. Unlike in thc pre- development era when canals were dredged and the dredge spoils were used as fill for the tlpland areas, the dredged matcfiat will need to be disposed of in a non-loca2 area. Therefore, thc contractor will need to dewater the dredge spoil either on his b~rge (if allowed by permit) or on some upland By: 'CP&,~; 501 391 9116; Jul.-19-00 7:38; Page 3/4 4819.11 December 27, 1999 Page 2 A preliminary review of the subdivision indicated that there were several undeveloped lots within the subdivision wh/ch could be utilized for dcwatering or offloadlng points for the contractor. The~e undeveloped sites are presumably privately owned and would require a construction easement prior to their utilization~ The dredge process is aromatic which may be objectionable to private (adjacent) land owners. Thc limited access points also increases the ~ansport distances from the shoals to thc upland areas. Discussions with contractors identified two feasible construction methodoloi~es: A small cutterhead dredge would be used to excavate the material and pump it to upland sites where it would be dewatered ¢/ther in sealed trucks or in b=i',.ed areas. Water may bc returned to thc ca~a!~ adjacmt to the dewatering site. Dredge material would be tracked offsit¢.. A crane and clamshell would excavate the mat~'ial and dewater the material on the barge. Material would b~ offioaded and trucked offsite, Each proposed methodology is premised on environmental permits allowing return of water directly into the canals. This would not qualify thc project for FDEP's permit ex~nption for canal maintenance dredging. We recorranend a unit pr/ce of $35/cy to cover the cost of excavalion, transport, and disposal of the dredge spoil. Marke! forces may result in higher or lower actual costs when bidd/ng the project, A total construction budget is estimated at $114.000 and excludes engineering and p~ii2~itting costs, A breakdown is attached. If you have any questions, please call me. Ve~/tndy yours, _ENGINEERING, INC. Enclosures i:word/palmbch/dd r ay/481 ~ 11 .$ 61 COASTAL PLANNING & ENGINEERING, [NC, ;en~ By: ~P&E; 561 391 9116; Jul-19-00 7:39; Page 4/4 Tropic Isle Canal Dredge Volumes and Cost Estimate Canal Dredge Number Volume CY 1 184 2 402 3 185 4 298 5 46 6 10 7 0 8 350 9 · 3 10 120 11 -~ 95 12 3 13 ~ 39 14 0 15 0 16 0 17 14 18 0 S U BTOTAL 1749 Contingency 251 TOTAL 2000 Mobilization $20,00C Dredging ~$35/cy $70,00(~ Site Restoration $5,00(~ Subtotal $95,00C Contingency @20% $19,00C Total $114,00(~ 'Ucc Oa O0 02:08p SER SYSTEMS CORP. ~54-$?S-S075 p.~ CORPORATION October 2, 2000 2300 N.W. 30th Place Pompano Beach, Florida 33069 (954) 979-9071 · Fax (954) 979-9076 www.seasystemscorp.com 18 South Riverside Drive, Suite F Indiatlantic, Florida 32903 (407) 723-7220 Fax (407) 725-7213 MI'. Lance Young Suhaqueous Services, Inc. 4201 Kean Road Fort Lauderdalc, Florida 3334 t Re: Tropic Isles - Pre-Dredge Reconnaissance Survey Results EMimate of Material Overlying Design Cb--nM Cut Sea Systems Corporation Project Number 3091 Dcur Mr. Young: Pursuant to your re. quest, Sea Systems Cotporaff, on conducted a pr~-ckcdge reconnaissance survey of several canals within the Tropic Isles area of Delr-ay Beach. The sur{'ey was conducted as a preliminary investigation for purposes of estimating volume of material overlying the pre-establishe~ design channe, l section providcd by thc City of Delray Beach. The survey was conducted on September 7 - 9, 2000. This infhidcd longitvdi-~l-based sur~ey Wansects (parallel to canal centerline) at maximum spacing of fifteen (15) feet (four (4) minimum) within each. canal using a fully-automated hydrographic survey system. Sounding data was collected at intervals of four (4) - five (5) feet along each survey transect. Upon completion of the field efforts, data was edited and reduced to the pmpor datum using tide data collected during the course of the survey. A three dimensional surface of the data along with contours were then generated using Digital Terrain Modeling (DTM) techniques. From the DTM, pre-.dredge bathymetric conditions of each of the canals were compared to pre-establishad design criteria to estimate volume of material overlying the proposed channel section. The channel section, as provided by the City of Dekay Beach, included a bottom cut cl~vatiou of (-) 5.7 feet, NGVD, Et/t), (:50) feet wide centered on the physical centerline of each canal. Canal centerlines were established b~sed upon georeferonced aerials of the area. For volume estimating purposes, three to one (3: I) side slopes were incorporated into the design section. The table attached, herewith, includes an estimate of material volume overlying design for each of the canals proposed for dredging. In summary, the total estimated volume of material for all canal systems is approximately 9,689 cubic yards. It should b~ noted that due to the requested mathoda of data collection (longitudinal transects) the extent ofbathymetric data does not fully overlap the entire design section'when taking into account 3:1 side slopes. Additional data collected via canal-perpondicalar cross sections would be required to better estimate total material overlying th~ design section. It is anticipated that the additional cross section data may reveal more material to be removed, perhaps as much as 50% over was has been reported from this initial reconnaissance effort. Shou/d you have questions, please feel free to contact me. VCTS/jc attachment l:kt091 \Correspond~-~c~l~lray.Tropiclsle.'~.Volumes. 100200.do¢ Surveying · Engineering Consulting ~ct d~ oo o~:08p SEA SYSTEMS CORP. S54-979-9076 Tropic Isles Pre-Dredge Reconnaissance Survey Survey Date: 9/7 - 919, 2000 Sea Systems Corporation P.N. 3091 October 2, 2000 Granada Canal North Grande Canal South Grande Canal 1082 Tobago Canal 1211 Santiago Canal 455 Trinidad Canal 285 Periino Canal 197 Andros Canal 1807 Lisbon Canal 3,83 Bahama Canal 153 Bimini Canal 172 Pecos Canal 114 ' Abaco Canal 252 ..~ Eleuthera Canal 140 ~' 1869 Cat Cay Canal Chico Canal Note: Estimate of cut volume based upon surface to surface comparison of pre-dredge data versus design section. Design section is fifty (50) cut centered on canal centerline, bottom elevation of (-) 5.7 feet NGVD with 3:1 side slopes. Prepared for:. Subaqueous Services, Inc. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1) I PROJECT NO. PROJECT TITLE: Tropic Isle Canal Dred~lin~l TO CONTRACTOR: Subaqueous Services, Inc.. 00-11 DATE: YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOVVING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional canal dredging quantityas per Schedule A attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSI-~' ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS'CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ~ ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE/DECREASE THIS CHANGE ORDER 269%% TOTAL PER CENT INCREASE/DECREASE TO DATE 269%% $59,069.00 $0.00 $59,069.00 $100,000.00 $159,069.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the pdces quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. for Subaqueous Services, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 448-5461-538-65,54 {Tropic Isle Dredging) FUNDS BUDGETED CODE RECOMMEND: for Environmental Services APPROVED: City Attomey \...\9936\constrct\colffm.doc DELRAY BEACH, FLORIDA By its City Commission David Schmidt, MAYOR ATTEST: By: City Clerk TROPIC ISLE CANAL DREDGING PN 00-11 Contract Addition #1 Schedule A CONTRACT C.O. #1 CONTRACT ADDITION NO. DESCRIPTION QTY. UNIT PRICE TOTAL QTY. UNIT PRICE TOTAL I Mobilization LS I $6,059.00 $6,059.00 0 $6,059.00 $0.00 2 Dredging CY 2500 $20.00 $50,000.00 5000 $20.00 $100,000.00 3 Contingency Allowance LS 1 $3,000.00 $3,000.00 0 $3,000.00 $0.00 4 Indemnification LS 1 $10.00 - $10.00 0 $10.00 $0.00 Total ~ $59,069.00 -I- $100,000.00 C.O. #1 Add Amount = $159,069.00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. L- . - REGULAR MEETING OF OCTOBER 17. 2000 DATE: CONTRACT CLOSEOUT/METRO SERVICE CONSULTANTS. INC. (FIRE HYDRANT REPAIR AND MAINTENANCE) OCTOBER 13, 2000 In November of last year, the City Commission approved a contract renewal with Metro Service Consultants, Inc., via City of Melbourne bid, for the repair and maintenance of fire hydrants throughout the City. Since then, the Em~tronmental Services Deparmaent has reestablished our own fire hydrant maintenance crew in the water and sewer division. With the function now being done in- house, Metro's services are no longer needed and the contract can be closed out. There are two outstanding purchase orders having a total balance of $55,772.50. These should be liquidated and the ftmds returned to the original account 441-5123-536-34.90 (Water & Sewer - Other Contractual Services). Recommend approval of the contract closeout with Metro Service Consultants, Inc. and liquidation of the outstanding purchase orders. RefiAgmemol 6.Contract Closeout. Metro Service. Fire Hydrants AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~'. L.. Date: October 11, 2000 When: October 17, 2000 Description of item (who, what, where, how much): Staffrequests Commission Approval ora Contract Close Out with Metro Service Consultants, Inc. for Fire Hydrant Maintenance. The balance of the contract is $55,772.50 and will revert back to the original Account # 441-5123-536-34.90, Other Contractual Services. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of a contract closeout to Metro Service Consultants, Inc. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re, jiai~d on all items involving expenditure of funds): Funding available:~,~/NO Funding alternatives (if applicable) Account No. & Description 4/-4// Account Balance d~g~qt a~ Ci~ M~ager Review: ~ Approved for agenda: ~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\e ssrv002\davisWorms~AgendaReq - Asphalt Patching.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E.--~~ Deputy Director of'Publl-c Utilities October 11, 2000 Contract Close Out Metro Service Consultants, Inc. Attached is an agenda request and supporting documentation for close out of the existing contract with Metro Service Consultants, Inc. for Fire Hydrant Repair and Maintenance. The existing contract with Metro is based on the City of Melbourne Contract. With the reestablishment of our Fire Hydrant Maintenance Crew in Water and Sewer Network we will no longer require Metro. There are two current purchase orders which have a total balance of $55,772.50. Both P.O. 583829 and P.O. 583400 should be liquidated and the remaining funds placed back in Account # 441-5123-536-34.90, Other Contractual Services. Please place this item on the October 17, 2000 Agenda for consideration by City Commission. CCi Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Manager of Water/Sewer Network Allison MacGregor Harty, City Clerk Jackie Rooney, Purchasing Supervisor Agenda File U:\wwdatahMemo\Contract Close Out.doc PURCHASE ORDER PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7115 /ENDOR: SHiP TO: THIS NUMBER MUST APPEAR ON ALL INVOICES PACKIN~ LISTS. LABELS. BILLS OF L~,DING AND CORRESPONDENCE. City Of Del. r,~, ]-~edc]~ [iorl~a DEL RAY BEACH F[ ]{ S ~ ~ 'i ~'405 !.,'2~.~/~'O(~,r~ MZNA C PiODL~N S'rS.~ ~A ]OSMEFIC RESIORA'TiON OF FIRE HYDRANT 875.0~ {A INSTALL REFLECTIVE BLUE MARKER 7.5~ ~562.5~ ~RICING PER YOUR HEMO D~TED qOVEMBER ~].l ~ENEWAL 0~ THE CITY OF MELBOURNE ]ONTRACT '~0. g7-1~-]38. ~PPROVED BY CITY COMHISSJO~ ~OVEMBER 12, } OT~L 503 ACCOUNT: 441512353&~49~ f APPROVED BILL TO: CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. Is! AVENUE DELRAY BEACH, FLORIDA 3~144 CEI~llF'ICATI': NO. ~.14~.11~.14l-S4C AUTHORIZED SIGNATURE PEQUI$I3'!ONING DEPT. ~ UI~..,J-IAS E ORDER ,~TE: PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7115 ENDOR: %:] '~ ~3~i-'.; ~_~ I~r}i'.l%:UI ¥;,,N~ '~ P O BOX 146 CHANHELV I EW TX 77530 SHIP TO: 1 ~:~/ Of Defray q~l.. S. SWINTON AVENUE DELRAY BEACH . FL 53444 /~05 2/~)Z,'20~)0 MINA C MODLIN PRICING PER LETTER DATED TO WATER SEWER NEFWORK FROM MINA MOBLIN. SOLE SOURCE ~WARD, AS CITY ~RRENTLY i-~AS A CONTRACT FOR COSMETIC MAINT. TO FIRE HYBRAN rS. APPROVED BY C~1"¢ COMMISSIOH ACCOUNr: 4.115123534,7J4 ?¢ BILL TO: CITY OF DELRAy BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 35444 FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 60-08-116241-54C APPROVEO - . :-:>-%'r'F'-' ": AUTHORIZED SIGNATORE ORDER SUBJECT TO TERMS AND CONDITIONS AS ON REVERSE OR ATTACHED MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~./T).. REGULAR MEETING OF OCTOBER 17, 2000 CLOSEOUT CHANGE ORDER & FINAL PAYMENT/G.T.E. BUILDERS (COMMUNITY CENTER EXPANSION AND ROOF REPAIRS) OCTOBER 13, 2000 This is before the City Commission to approve closeout Change Order #1 in the amount of $35,739.38 with G.T.E. Builders for the Community Center expansion and roof repairs project. The changes are itemized per Schedule "A" attached to the change order. Also requested is final payment in the amount of $41,211.70. The project is complete and has been inspected and approved by staff. All warranty documentation has been received. Funding will be from 334-6112-519-62.10 (General Construction Fund - Buildings). Recommend approval of closeout Change Order #1 and the request for final payment to G.T.E. Builders for completion of the Community Center expansion and roof repairs project. RefiAgmemol 6.Closeout. GTE Builders. Corem. Crt. Expansion Request to be placed on: AGENDA REQUEST Agenda Item No. E',/7'). Date: October 3, 2000 X __ Regular Agenda Special Agenda __ Workshop Agenda When: October 17, 2000 Description of item (who, what, where, how much) Staff requests City Commission approve a net add Change Order #1/Final in the amount of $35,739.38, and final payment in the amount of $41,211.70 to G.T.E. Builders on the Community Center Expansion project (PN 98-030). The request includes the completion of the Community Center Expansion (base bid) and the roof repairs/re-roofing (alternate bid) of the existing center's one story roof. All changes for the project are itemized on the attached Exhibit A to Change Order #1/Final. The project is complete and all warranty documentation has been received. Funding is available from account 334-6112;519-62.10, General Construction Fund/Buildings. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final Payment to G.T.E. Builders. Department head signature: ..~ / Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)~ Budget Director Review (re,~.~d on all items involving expenditure of funds): Funding available: Y~.~NO Funding alternatives ~if applicable): Account No. & Description 334-611~519-62.10, General Construction Fund / Buildings Account Balance /-/-~..3~. ?_~. City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~98030~agreq 101700 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi ~ Assistant Construction Manager October 3, 2000 Community Center Expansion (PN 98-030) Agenda Item for 10/17/00 Change Order #1/Final and Final Payment request Attached is an Agenda Request for City Commission to approve a net add Change Order #1, Final in the amount of $35,739.38, and final payment in the amount of $41,211.70 to G.T.E Builders on the Community Center Expansion project. The request includes the completion of the Community Center Expansion (base bid) and the roof repairs/re-roofing of the existing center's one story roof (alternate bid), as awarded by City Commission. All changes for the project are itemized on the attached Exhibit A to Change Order #1/Final. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order #11Final in the amount of $36,739.38 and final payment in the amount of $41,211.70 to G.T.E. Builders for the completion of the Community Center Expansion project. Funding is available from account 334-6112-519-62.10, General Fund/Buildings. A Contractor Evaluation is also attached. CC: Richard Hasko; Dir. Of ESD Joe Weldon; Dir. Of Park's & Recreation Howard Wight; Dep. Dir. Construction, ESD File 98-030 (A) s\...\98030~agmernco 1final CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Final) PROJECT NO. 98-030 DATE: PROJECT TITLE: Community Center Expansion TO CONTRACTOR: G.T.E. Builders 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 projects per the attached schedule "A" as follows: Community Center Expansion Less Contingency Allowance Net Add Change Order #1, Final $4O,739.38 - $5,000.00 $35,739.38 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 14.2 % TOTAL PER CENT INCREASE TO DATE 14.2 % $249,998.00 $0.00 $249,998.00 $35,739.38 $285,737.38 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 *f competitive bidding. G.T.E. Builders (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 334-6112.-519-62.10, General Construction Fund/Buildings. DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services By:. Mayor APPROVED: ATTEST: By: _ City Attorney City Clerk EXHIBIT "A" Community Center Expansion Prj 98-030 Change Order Summary ation. After old roof was · emoved it was identified that there was no ~lope or insulation on the roof deck. No tape d in Bid plans and specificafions. Relocation of construction trailer. Jumpster fee - City u§~d dumpster Affair ~ r ~ ~ork - epairing/rerocating of circuits $ new footprint, additional ~" data conduit between old/new bldg. NeW storage area - increase wall from 4" to 6. mtl stud, base plate, and insulafion (Building Dept reqt to meet fire rating).. Re-work hallway egress opening at exisitng [o 44,, required by Buildin :~oof drain: core parking lot catch basin, install ~0 If of drainage pipe, cut/repair asphalt. 3uilding plans showed roof drain but Site/Civi did not; continuation to catch basin in )arking lot was not included in Bid. ~ , glurams: re-finish glu-lam gym roof; stripping/sanding, filter, and coating with epoxy paint to waterproof to impede delamination of glu-lam beams. Roof cricket: furnish and construct 18" high ~ $ cricket around perimeter single story roof at gym wall connection for new roof flashing tie- in. Existing conduits around perimeter were "foamed in". When existing roof was removed cricket and flashing retrofit was required to accommodate conduits. Is: removal of existing, furnish $ 'naterial & construct new screen wall ~tructures around (4) roof top units with new · oof pitch pans at posts. Per the Bid the s were to stay and the new built-up roof would be installed around the post of the exisifing. $ $ 354.61 I of 2 2.'~ R°~f angle steel: weld/¢ut'°ff rema*ning r~°~ I-~ angle steel from reduced roof overhang, stucco repair affected areas. / 2.11 Storage room door: Bldg Dept. required fire I I $ 30g.~gl rated door, frame, and closer, Price is for ~ upgrade of door specified / 3.1 rCor;mdi!: omit wall at storage Rm #111and front J / I$ (860.6(~ 3.2 Additional electrical; new circuit to repair I $ 1,774.351 0 damaged lines at entry, damaged circuits to I exhaust fans, and new circuits for new I receptacle and data line at front reception J / desk. Circuits were identified after roof was I removed and demolition/tie-in to wall at I 3.uilding addition 3.3 ~m0ke detectors; 2 as required by City FO, I I $ 699.2Sl ~ardwired to panel. Smoke detectors not I *uded**p*sandspeo *ns. I ! '3.4 MetalCaps:fumishandrePlac~i00lfofcap I I $ 3, '.621 metal with white aluminum cap'metal to top of J J parapet walls at roof perimeter. Required after ~ completion of roof a.d not included in bid I / Fabricate and install 10 metal caps at A/C J structural supports, condensate and electrical I penetration. New roof was to go around I existing supports; identified by staff after I removal/replacement of roof '3.6 = Aesthetic and waterproOf remediaI Work to I J $ 1,634.23I fascia after completion of roof outside of I Contract scope. , 4.0 RepairdamagedwallinGymsW°mmenrm, I ~ I $ 360.0( 3aint wall (Tennis Toumament). ~ 5.0 :3got hardWare, allowance: credit, installed I 1 I $ (472.00 ess than contarct. X *6 ~oof Repairs: Credit, actual plus/minus unit I $ 'epa/rs less than contract. I gned by CDB; all other items associated with building addition designed by Digby Bridges, Marsh and Associates Pending Change Orders $ 23,847,95 $ 10,987.99 $ 5,903.44 Contingency Allowance Total of Changes Total of Pending Calendar Days $ (5,000.00) $ 40,739.38 Net Change Order $ 35,739.38 2of2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~./~. - REGULAR MEETING OF OCTOBER 17. 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 12, 2000 Attached is the Report of Appealable Land Use Items for the period October 2nd through October 13, 2000. It informs the Comtmssion of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/.A_ppealables/10.17.00 TO: THRU: FROM: MIN ALLEN, PLANNER SUBJECT: ' MEETING OF OCTOBER 17, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 2, OCTOBER 13, 2000 DA~.~ARDEN, CI?Y MANAGER PAUL DoRLIN~G PLANNING AND ZONING DIRECTOR 2000 THRU The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of October 2, 2000 through October 13, 2000. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Approved (6 to 0, Eliopoulos absent), a request for a color change for an existing commercial building located at '1405 North Federal Highway. Approved (6 to 0), a request for a color change for the Delray Beach Post Office, located at the southwest corner of NE 4th Street and Pineapple Grove Way (382 NE 2"d Avenue). Approved (6 to 0), a Class I site plan modification associated with a change in the architectural elevations for Sarah Gleason Park (Police Sub-station), located at the southwest corner of State Road A-1-A and East Atlantic Avenue. Approved (6 to 0), a Class I site plan modification associated with extending the height from 62' to 125' of the existing Sprint PCS Communications Tower, located on the east side of NW 18th Avenue, approximately 650' north of Marty Fladell Drive (231 NW 18 th Avenue). City Commission Documentation Appealable Items Meeting of October 17, 2000 Page 2 Approved (5 to 0, DeCapito stepped down), a Class II site plan modification, landscape plan and amhitectural elevation plan associated with fa(~ade improvements and decorative landscape features for Crane's Beach House, an existing residential building, located at the northwest corner of Gleason Street and Miramar Drive (82 Gleason Street). Approved (6 to 0), a Class I site plan modification associated with a change in the architectural elevation plan for the CRA Offices (former Discount Auto Parts), located at the southwest corner of West Atlantic Avenue and SW 1st Avenue (104 West Atlantic Avenue). Approved (6 to 0), a Class I site plan modification associated with a change to the architectural elevation plan for Michael's Seafood, located at the southeast corner of East Atlantic Avenue and Venetian Drive (1010 East Atlantic Avenue). Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan for Waterway Village, a proposed mixed use project that consists of 166 multiple family units, 10,800 square feet of offices and 15,200 square feet of retail floor area. The site is located on the south side of Lindell Boulevard, between Federal Highway and Old Dixie Highway. Concurrently, the Board granted an internal adjustment reducing the required building separation distance from 44' to 20'; and, approved a waiver eliminating the required five foot sidewalk at the southwest corner of the property along Dixie Highway. 1. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan and a Certificate of Appropriateness for Neal's Market Townhomes, located at the northeast corner of NE 1st Street and NE Ist Avenue. The proposal involves the demolition of an existing contributing structure which was approved on a 5 to 2 vote (Keller and McDermott dissenting) and construction of 10 fee-simple townhouse units with associated parking and landscaping. Concurrently, the Board approved a waiver reducing the site visibility corner at the intersection of NE 1st Avenue and NE 1st Street, and the intersection of NE 1st Street and the alley, from 40' to 26' and 27'6" respectively. Approved (7 to 0), a request for a Certificate of Appropriateness associated with fa(~ade improvements to the Colony Hotel, located on the north side of East Atlantic Avenue, between the Federal Highway pairs. Other Items Recommended approval (7 to 0), of the amendments to the West Atlantic Redevelopment Plan. No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - OCTOBER 17, 2000 CANAL UNTON .S.P.R.A.B.: A. 1405 NORTH FEDERAL HIGHWAY B, DELRAYBEACHPOSTOFFICE C. SARAH GLEASON PARK iMPROVEMENTS D. SPRINT PCS TOWER E. CRANE'S BEACH HOUSE F. CRA OFFICES G. MICHAEL'S SEAFOOD H. WATERWAY VILLAGE H.P,B.: f. NEAL 'S MARKET TOWNHOMES 2. THE COLONY HOTEL ONE MILE MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~-~. - REGULAR MEETING OF OCTOBER 17, 2000 AWARD OF BIDS AND CONTRACTS OCTOBER 13, 2000 This is before the City Commission to approve the award of the following bids and contracts: 1. Contract renewal with Air Liquide America Corp., via City of West Palm Beach bid, for the purchase and delivery of liquid carbon dioxide at an estimated annual cost of $51,000.00, with funding from 441-5122-536-52.21 (Water & Sewer - Chemicals). 2. Award in the total amount of $25,400.00 to Pressure Cleaning Services, Inc. for the cleaning (descaling) of the cLarifiers, drains and cross-over piping at the Water Treatment Phnt, with funding from 441-5122-536-34.90 (Water Treatment & Storage - Other Contractual Services). 3. Purchase award in the amount of $18,200.00 under the City's annual contract with Southeastern Pump for the purchase of pumps and related equipment to be provided by the City in association with the Breezy Ridge Estates Improvements project, with funding from 441-5161- 536-65.48 (W&S Capital Outlay - Breezy Ridge Estates). 4. Purchase award in the amount of $23,705.00 to Hytho Pumps, Inc. for the purchase of a replacement motor and electrical cable for the submersible pump at the aquifer storage and recovery facility, with funding from 442-5178-536-63.97 (W&S Renewal & Replacement - Raw Water Well Rehabilitation). Installation of the new pump and cable will be done by AMPS under our continuing contract for well rehabilitation. 5. Contract award in the amount of $35,000.00 to Colonna Asphak Restoration, Inc., via Broward County contract, for miscellaneous asphalt repairs and patching as a result of utility work within paved areas, with funding from 441-5123-536-34.90 (Water Distribution - Other Contractual Services). 6. Contract award in the amount of $177,925.00 to RSI of Florida, Inc. for the re-roofing of both the f~rst and second floor roofs of the Police headquarters building at 300 West Atlantic Avenue and the roof of the shooting range/fitness center building located just south of the Pohce headquarters building, with funding from 334-6112-519-46.10 (General Construction Fund - Building Maintenance). Recommend approval of the bid and purchase awards hsted above. Re f:Bid.Agmemo.10.17.00 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~l~nance Director October 09, 2000 DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 17, 2000 - CONTRACT RENEWAL FURNISH AND DELIVERY OF LIQUID CARBON DIOXIDE (Co2) VIA CITY OF WEST PALM BEACH BID #97/98-58 Item Before Commission: The City Commission is requested to approve the contract renewal with Air Liquide America Corp. for the purchase and delivery of Liquid Carbon Dioxide (Co2) at an estimated annual cost of $51,000 via the City of West Palm Beach Bid #97/98-58. Background: The City of Boca Raton is the lead entity for this joint bid with the City of Delray Beach which was awarded in 1998 by the City of Delray Beach Commission. The City of West Palm Beach has renewed this bid for an additional year with the expiration date of September 30, 2001. See attached Contract Renewal signed by Air Liquide America Corp. dated August 14, 2000. Air Liquide America Corp. has agreed to extend this contract to the City of Delray Beach for another year at the same terms, prices and conditions. See attached letter dated September 25, 2000. The Deputy Director of Public Utilities recommends the one year renewal with Air Liquide America Corp., per attached memo dated October 02, 2000. Recommendation: Purchasing staff recommends the one (1) year renewal with Air Liquide America Corp. for an estimated annual cost of $51,000. Funding from account code 441-5122-536-52.21. Attachments: Contract Renewal from City of Boca Raton Memo from Deputy Director Public Utilities Memo from Air Liquide America Corp. 561 8]5 0028 p.~l/Oi SEP-~O- 200~ 0~: 42 PURCH~S [NG O PURCHASING DIVISION 1045 CharloRe Avenue The west Palm Beach, FL 33401 City Office: 561 / 659-8036 Fax: 561 / 835-0028 cI )e CPalm CBeach "The Orchid City" NAME OF BID: _CARBON DIOXIDE BID #: 9_~/98-58 Agreement between the 'City of West Palm BeaCh, owner; and /tlr LIOUID AMERICA CORP. (Company's Name) Contract Renewal Period: October 1 2000 through September 30~ 2001 xxx Yes, l agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate &Insurance along with this agreement and will name the City of West Palm Beach the additional insured. No, I do not wish to renew the contract at this time. Air Liqnicte America Corp. Robert J. Jennings NAME OF REPRESENTATIVE (Please print) August 14, 2000 DATE Area Manager TITLE 561-842-2288 (AREA CODE) TELEPHONE NUMBER TITTAI P.01 MEMORANDUM TO: FROM: THROUGH: Dan Beatty, Deputy Director Public Utilitie Jacklyn Rooney, Purchasing Superviso~ Joseph SaC~ance Director DATE: October 02, 2000 SUBJECT: Liquid Carbon Dioxide (CO2) City of West Palm Beach Bid #97-98-58 Contract Renewal The annual contract with Air Liquide America Corporation for the furnishing and delivery of Liquid Carbon Dioxide (CO2) expired September 20, 2000. The City of West Palm Beach is the lead entity for this joint bid with the City of Delray Beach. The City of West Palm Beach has renewed the bid for an additional year with the expiration date of September 30, 2001 per attached Contract Renewal letter from the City of West Palm Beach. Air Liquide America Corporation has agreed to extend this contract to the City of Delray Beach for another year at the unit price of $102.00 per ton. See attached letter dated September 25, 2000. Do you wish to renew for another year, and if so, please sign below and return to Purchasing and I will proceed with the Commission Agenda package. Last year's Commission Agenda was for the estimated annual cost of $51,000. 7163. Attachments: City of West Palm Beach Contract Renewal Letter from Air Liquide dated September 25, 2000 1999 Renewal Letter AIR LIQUIDE! September 25, 2000 Ms. Jacklyn Rooney Purchasing Supervisor CITY OF DELRAY BEACH Purchasing Department 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Renewal of Liquid Carbon Dioxide (CO2) Contract (#97/98-58) Dear Ms. Rooney: Please use this letter as confirmation that Air Liquide America Corporation accepts and agrees to an additional one (1) year extension, at the same terms and conditions, for the above referenced liquid carbon dioxide contract with both the City of Delray Beach and the City of West Palm Beach. The Certificate of Insurance, naming the City of Delray Beach as additional insured, should have already been forwarded to appropriate personnel. This is done automatically by our insurance carrier. Please let me know if that has not happened. Air Liquide America would like to thank you and the staff at your Water Treatment Facility for your continued confidence in our products and services and we look forward to serving your CO2 requirements from October 1, 2000 to September 30, 2001. Please feel free to contact me at 561.842.2288 should you have any questions. Sincerely, Senie ~I~IDE AMERICA CORPORATION ustry Account Manager I AIR LIQUIDE AMERICA CORPORATION 3900-A Consumer Street, Riviera, Beach. FL 33404 Phone: (561) 842-2288 ° Fax: {561) 844-0036 AGENDAITEM NUMBER: ~:".0,/. Request to be placed on: October 17, 2000 Date: October 09, 2000 XX Consent Agenda Special Agenda Workshop Agenda When: Description of agenda item: Contract renewal with Air Liquide America Corp. for the purchase and delivery of liquide carbon dioxide (Co2) for an estimated annual usage of $51,000 via the City of West Palm Beach Bid #97/98-58. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Award the contract renewal for the delivery and purchase of liquid carbon dioxide (Co2) with Air Liquide America Corp. at an estimated annual cost of $51,000 via the City of West Palm Beach Bid #97/98-58. Funding from account code 441-5122-536-5~,21. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items i,nvolvir~g e]~penditure of funds): Fundingavailabte: Yes ~ '~Nol°~l°[~ Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~ ~/~ Hold Unfit: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor~ Joseph Sa~nance Director October 09, 2000 DOCUMENTATION - CTIY COMMISSION MEETiNG OCTOBER 17, 2000 - CONTRACT AWARD PRESSURE CLEANiNG SERVICES FOR CLEANiNG CLARIFIERS AT WATER TREATMENT PLANT Item Before Commission: City Commission is requested to approve award to Pressure Cleaning Services, Inc. for the cleaning (descaling) of four (4) clarifiers at the Water Treatment Plant for a total of $25,400. Background: In 1999, City Commission approved award to Pressure Cleaning Services, Inc. for cleaning the City's clarifiers, drains, and cross-over piping. Pressure Cleaning Services, Inc. has agreed to hold that pricing for the work to be completed this year 2000. See attached memo dated October 09, 2000. Dan Beatty, Deputy Director of Public Utilities recommends the award to Pressure Cleaning Services, Inc. as they are the best qualified to complete this work and they have all the proper equipment and trained persormel to do the job. The only other know vendor that could do this work would cost the City more time and money, and in the end, a sub standard completion of the job. See attached memo dated October 03, 2000, from Deputy Director Public Utilities. The recommendation award total amount of $25,400 is based on the following requisition numbers as listed: 83346, 83345, 83344, 83343, 83342, 83339, 83338, 83336, 83335 and 83334. Recommendation: Staff recommends the approval for the award to Pressure Cleaning Services, Inc. for the cleaning of the clarifiers, drains and cross-over piping at the Water Treatment Plant for the total amount of $25,400. Funding from account code 441-5122-536-34.90. Attachments: Memo From Deputy Director Public Utilities Dated 10/03/2000 Memo from Pressure Cleaning Service City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jackie Rooney FROM: John Bullard THRU: SUBJECT: DATE: Dan Bea tty~/~ Requisition numbers 83346, 83346, 83344, 83343, 83342, 83339, 83338,83336,83335, 83334 ? October 3, 2000 Last year P.C.S. won the quote for cleaning our Clarifiers, drains, and cross-over piping. This year P.C.S. has agreed to rollover their prices for all four Clarifiers at the same rate.(see attached) P.C.S. is the only company best qualified to complete the job as they have all the proper equipment and trained personnel to do the job right. The only other known vendor cost the city more time and money, and in the end, a sub standard completion of the job. Please process an agenda item for the above requisitions for Commission Approval. I would like to keep the requisitions separate so payment of each phase can be made upon completion. This entire job should last over a period of 2-3 months. ATT: 3 Icr I[ESSRVOO21ringersenlmetnosj~orn HALEY~RooneyPCSIOO3OO. doc 10/09/2B00 18:43 40722~h4F;1 PCS INC PAGE 02 . Hydro~bstlng · ShOt Blasting · HighWay Stripe Removal · Concrete Hydro41lmolRIO~ PeCeSe INC.-' .! P.O. Box 969 Hobe Sound, FL 33475 56t-223-7393 Fax 66t-223-S4~t October 9, 2000 City of Dclray Beach Arm: Jacklyn Roomy (561) 243-7166 f~x Dear MS. Rooney, : .... that are rolling over our 1999prices for tla: year 2000- We mistakenly Tliis ts to verny ma wc invoiced an extra $500 on invoices 1092 and 1097 for the crossover pipes. Following are copiea of;th~ rcvlscd invoices. I will also fax copies of tim revised invoices to Craig at the Water Treatment Plant. Sorry for the inconvenience- Sincerely, L~tte D. CrOcker Secretary, P.C.S. Inc. Equal Opportunity impioyer CITY OF DELRI:~Y B~RCN 666 P~33 OCT 1~3 'B8 B9:33 I .C.S. ,nc. P.O. Box 959 Hobo Sound, FL 33475 (56 ) (561) 223-5461 fax Proposal No. 6663 Sheet No. I of I Date 12-10-99 Wo~k To Be perfos~ed At W~[~' 'l'r~enl Fncility proposal ~ubmitted To Nnme Cily of Deh~y Beac Cia/Stale Street ' ate Dell ~eacb, FL 3~444 Ct~t ~ -243-7 HS FAX (f61~-~43-731, D~ of P[a~ [ ~lcp~ Number (561)-i .... ~ . ~wc I~eby propose to ~rnlsh the materials and pc:~mm ~ ll~ ~ f~ t~ c~pkt~ of; ~WE HEREBY AGREE HIGH PRESSURE HYDROBL! STING $ 3,500.00 EA CLEANING OF CLARIFIERS J~'TTING OF CLARIFIER DRAIN PIPES $ 3,500.00 EA JETTING OF 24' PIPE THAT ~ UNS BETWEEI4 CLARIFIERS $ S,O00.O0 prolechon and Cleanup Proper )rolggtiv~ mensu,~ will bc lakgn by P C.S. loc. (o insure that no damage is done to surrounding properly well as to contain any res~lting de bris caused by blastin& Any ~^a~ fo~ lid~Mk)~ v~thcr ~o~lmxv. cys G~s, Ic~al fee. er c~n~tl~li0n ~ fn-s~ Ih( fulicx~ccnt~nb°flhise°~"racishnltbe I~id for ~ fullbythe ~i~ ~. All mate~l iS g~ ~nt~ to ~ ~ s~lfi~, and lbo ~vc work to ~ ~r fom~ ~ ~r~c w th thc drawings speciC~iens submi~ ~ ahoy*: work ~ c~p~t~ in a subst~tlal w~m~likc mawr for ~e sum ....................... Dol~ [$ ~ ) ~ fl~l ~ ...................... ,(th payments to be made as foil( Respectfully submincd Payment 1o be mede -.n full willie 30 days ofcompletion. 1.5% interest i~t month beyond 30 days. Nolo -- This propo~l tony be withdrawn byusifnotac,4;eptcdwilhln 30 days. Per ..... ~ .... ~ .. ' ' ' v Ivi, cxtrac~,.tswiliboexeeuted~lyuponwtittcnotdcr, andwillbec°mennextrs AGENDA ITEM NUMBER: ;~'. O. c~. AGENDA REQUEST Request to be placed on: October 17, 2000 Date: October 10, 2000 XX Consent Agenda Special Agenda __ Workshop Agenda When: Description of agenda item: Award to Pressure Cleaning Services, Inc. for a total amount of $25,400 for cleaning (descaling) the City's four (4) clarifiers, drains and cross-over piping at the Water Treatment Plant. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO. Recommendation: Award to Pressure Cleaning Services, Inc. for a total amount of $25,400 for the cleaning the City's clarifiers, drains and cross-over piping at the Water Treatment Plant. Funding from account code f¢441-5122-536-34.90. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all ~a~jjjtvol~ipg ~xpenditure Funding available: Yes Funding alternatives: (Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~'~ ? No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved of funds): (if applicable) City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Dan ers Beatty, P~ Deput~Director of Util~""~ October '10, 2000 Breezy Ridge Estates, Sanitary Sewer Improvements Project Number 2000-043 Attached is an Agenda Request along with a quote for purchase of pumps and related equipment from Southeastern Pump to be provided by the City in association with the subject project. Southeastern Pump was awarded the annual contract for the purchase of submersible wastewater pumps and equipment (Bid 99-19). The quote from Southeastern Pump is for $18,200.00 and funding is available from Account # 441-516%536-65.48, Breezy Ridge Estates. Please place the item on the October 17, 2000 Agenda for consideration by City Commission. CDB/pd Att: CC: Richard C. Hasko, Director of Environmental Services Bob Bullard, Manager of Maintenance City Clerk Agenda File file: S:\EngAdmin\Projects~2000~2000-043\OFFIClAL\southeastern2.mem.doc SOUTHEASTERN PUMP October §, 2000 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL Attention: Subject: Mr. Dan Beatty BREEZY RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS Lift Station Pumps & Equipment (Revision No. 1) We are pleased to offer the following equipment in accordance with Award of Bid No. 99-19, Project Documents Section 01010-1.09 'Special Project Considerations", and in compliance with City of Deiray Beach Requirements (including pending revisions): 2 ea Barnes Submersible Sewage Pumps Model 4SE2824L, 4-inch Discharge, 2.8 HP, 240V/1/60, Standard Construction. with 40f~. cords. PRICE: $1,450.00 each 1 Lot Misc. Lift Station Equipment, including: · Guide Rails and Lifting Chains for two pumps (316 SS) · Break-Away-Fittings (base elbows) for two pumps, along with upper guide rail support bracket (316SS), two cable hangers (316SS), and anchor bolts, nuts and washers for break-away-fittings (SS). · Pump control panel (per latest deparlment requirements) along with Birdcage level transducer and emergency high level float (non-mercury). PRICE: $15,300.00 Lot PROJECT TOTAL: $18,200.00 Prices are valid for 60 days from date of quotation. Prices do not include sales tax. F.O.B.- Delray Beach Payment due 30 Days from date of invoice. Thank you for this opportunity to quote your requirements. Please advise us with any questions, or if we may receive your valued order. x~,Si~cerely/ /9 SOUTHEASTERN PUMP PO Box 100727 · Ft. Lauderdale. FL 33310 · 1368 SW 12th Avenue · Pompano Beach, FL 33069 Phone (954) 781-8400 · Toll Free {800) 395-4182 · Fax (95a.) 781*B43a. , www.sepump.com AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda O. Agenda Item o. Date: October 10 2000 When: October 17, 2000 Description of item (who, what, where, how much): Staff requests Commission Approval of the purchase of pumps and related equipment from Southeastern Pump to be provided by the City in association with the Breezy Ridge Estates Project. The equipment will be purchased from our annual contract with Southeastern Pump. Total amount of this purchase is $18,200.00 and will be funded from New Capital Account # 441-5161-536-65.48, Breezy Ridge Estates. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of purchase from Southeastern Pump. Department head signature: ~~M.~ ~(~ ~ I~-Io Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (re/qai~d on all items involving expenditure of funds): Funding available YE~O ~ Funding alternatives ~- J - ~} Account No. & Description/-4c~l ~ D [ WI - ~ 3~. (0> - q ~ L~r'¢e '~.~ Account Balance ~ ,~?~Y3 ?~t~,~a ~t~4 <J O ' City Manager Review: i~Po~J°l~t~l~°r agenda: ~/NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (i£apvlicab?) City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E. ~ Deputy Director of Publie~filities October 11, 2000 Replacement of Pump Motor and Electrical Cable Aquifer Storage and Recovery Well (ASR) Attached is an agenda request and supporting documentation for the purchase of a replacement motor and electrical cable for the submersible pump at the ASR. The existing motor and or cable failed during the cycle testing phase of the ASR. We will not know for certain which of the components have failed (motor or cable) until they are extracted from the Well. In order to remove the pump and motor the Well must be salted which increases the specific gravity of the water in the Well column and will restrain the artesian flow. We will utilize Aquifer Maintenance and Performance System, Inc. (AMPS) which are currently under contract with the City for Well Rehabilitation to salt the Well. Additionally AMPS will provide the 100-ton crane required to pull the pump, cable and pump column pipe. Upon removal of the pump and cable we will be able to determine if the problem is in the cable or motor. By having a new motor and cable on hand we will be in a position to reinstall the components and avoid re-salting the Well and remobilization of the crane. The faulty component will be repaired and maintained as a spare. The 150 HP Hitachi Motor for the ASR pump is a specialized item and is available from two local suppliers. In the interest of time we had each vendor, Hydro Pumps, Inc. and Atlantic Environmental, provide quotes for the replacement motor/cable and Hydro Pumps, Inc. was the low quote. The total amount of this purchase is $23,705.00 and funding is available from Account # 442-5178-536-63.97, Raw Water Well Rehabilitation. Please place this item on the October 17, 2000 Agenda for consideration by City Commission. CDB/ped CCi Richard C. Hasko, P.E., Director of Enviroumental Services John Bullard, Interim Manager of WTP Allison MacGregor Harty, City Clerk Agenda File U:\wwdataLMemoXPump Motor.doc Browan:l: (954) 583-3303 Fax: (954) 583-3305 Hydro Pumps, Inc. P.O. Box 16295 6512 NW lSth Court Plantation. FL Scptemherl3, 2000 Toll Free (FL) 1.800-306-7867 Ddray Envirollraental 434 South Swinton Avanuc DelrayBeach, FL 33~.~. Attn: Robert Bulhrd Subject: ASR Recovery p,mp repair/replacement Dea~ Sir, We have researched sources for replacement pumps, motors and pump/motor assemblies. This s~arch is complicated wi~h respect to alternate sources by the short time constraint during which the ch~nse out can bo made. Because of the necessky of salting the well to reduce thc artesian pressure, the unknown dimensions of the flange attachment ~om the pump to the riser cohmn is critical as well as the fit between the submersible motor and the pump. There is no standard flange pa~tcm for submersible riser columns or standard submcm'ole motor dimensions for motors 8reater tl'~r, $" NEMA diameter. To obtain "bolt up" interchangcabiliiy of pump and/or motor components, we feel obliged to offer the identical pans as previously furnished. We are quoting a complete pump assembly including a Goulds Bowl (Model 14HMC- 3 sta&¢) all bronze conslruction w~th a duty point 2140 GPM (~ 210' TDH including a certified performance test and 12" Hitachi motor as previously installed. TOTAL PRICE Deduct $750,00 for deleting certified test. Delivery is approximately 8-10 weeks. Since the operational life of thc existing unit has be~m very short, the condition of the bowl asst~nbly is probably as new. h is likely that only the motor requires replacement and repak. We a~e quoting the exact repla0emant pan (Hitachi 12" diamezer, 150bp, 46o% stainless steel suitable for VFD). No~e: Motor supplied w~th 16' pigtail (AWG ~ CU). Copy of Hitachi special requirements for VFD operation is attached. Sincerely, Ed Cante~ EC/vp Bmward: (~54~ 5~3-3303 Fax: (954) 5~3..3305 Hydro Pumps, Inc. P.O. BOx 16295 6512 NW 13th Coud Plantation, FL 33318 Sept~aber 22, 2000 Toll Free (FL) 1-800-306-7867 Delray Environmental 434 South Swinton Avenue DelrayBcach, FL 33~n~~, Via Fax (561) 243-7344 Arm: Clayton Gilbert Dan Beatty Subieet: ASP, Well Submem'ole pump We propose to fuxniab the following equipment and sea. ices during removal and re- entry of the submer~ible well tudfine. 300fl. 1 lot lea. I lot 50 pcs, 3/0 copper 3 conductor with ground, oval conatruction, robber outer jacket, 75 degree Celsius wire insul._ation. Bumdy 3/0 butt splices to connect cable and motor leads. PVC schedule 40 splice tube. 3MvA~4 Scotch cast resin. T&B tie wraps ~o immobilize cable to column on re-entry. 3 man days Monitoring removal and re-entry to dctcmline electrical integxity. If additional man days are required, add $700.00 per day or part thereo£ Sincerely, Ed C~at~ EC/v~ TOTAL P.O1 , Aug-09-O0 03:26P A.E.S. 1-561-547-3999 P.01 C 0 V E R S H E E T From the desk DAVE DU~3BERLY ATLANTIC ENVIRONMENTAL SYSTEMS, INC. 61S-2 WHITNEY AVE. LANTANA, FL 33462 PH: 56t-547-8080 Fax: 561-547-3999 To: Don / Bob Fax #: 561-243-7344 Date: August 9, 2000 Pages: 1 including this cover sheet. Ref: ASR Well Project SUB: FAX Company: DELRAYENV1RO SERVICES Ph: 561-243-7307 New submersible motor and power cable pricing Don/BOB, Qty Description Hitachi 150 h.p. submersible motor all stainless steel with standard pigtail Delivery Time Cost 4 weeks $ 30,230 Hitachi 150 h,p. submersible motor all stainless steel ~vith standard pigtail 2 weeks $ 34,000 1 300 foot of flat, double jacketed 3/0 2 weeks $ 3,850 power cable with 3 conductors with resin splice kil ( Please note that the prices marked with an * also includes installation supervision by AES ) Please give mc a call x,,ith any questions you may have with this quote. I know these prices are a little higher than I told you today "off-the-cuff" but it hms been 2 V: )'ears since we purchased this motor and there have been a couple of'price increases with Hitachi. Thanks! Dave Dubberly AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~.O-q. Date: October 1L 2000 When: October 17, 2000 Description of item (who, what, where, how much): Staffrequests Commission approve the purchase of a replacement motor for the aquifer storage and recove~ Well pump from Hydro Pumps, Inc. The total amount of the purchase is $23,705.00 and funding is available from Account # 442-5178-536-63.97, Raw Water Well Rehabilitation. ORDINANCE/RESOLUTION REQUIRED: YES/N._.QO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of purchase to Hydro Pumps, Inc. in the amount of $23,705.00. Department head signature. (~~, .~?~. "[O-/],-C~, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):_ Budget Director Review ~l~ed on all items involving expenditure of funds): Funding availabl .' ~4~O Funding altemafives- ~ _ (if applicable) Account No. & Description 4t~9 -~q'/~,_~-,;~t~ (,~.~q7 ~tz~.g(Jq-,ge-..r~[,Z}&// ehab Account Bal~ce 1~/ q~ qo ~ ~ dV~, VO(~~) - ~2/ ~ ~O CiW Manager Review: ~- O ' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U:\wvdat a~Forms~Agen daReq - Motor Pump.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, e.~. Deputy Director of~ilities October 11, 2000 Asphalt Patching for Utility Repairs Attached is an agenda request and supporting documentation for miscellaneous asphalt patching as a result of utility repairs within paved areas. The work will be done utilizing unit prices from the Broward Cotmty Contract with Colonna Construction. Colonna has been very responsive to our request for roadway patching and have provided a quality job. The total amount of this purchase order is $35,000.00 and funding is available from Account # 441-5123-536-34.90, Other Contractual Services. Please place this item on the October 17, 2000 Agenda for consideration by City Commission. CC: Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Manager of Water/Sewer Network Allison MacGregor Harty, City Clerk Agenda File \\ESSRV002\davis\wwdata~Memo~Asphalt Patching- 101100.doc 02:46 PM COLONNA ASPHALT Colonna Asphalt Restoration, Inc. 1100 S. Powerlinc. Road * Suite 110 Deerfield Beach, Florida 3:3442 (954) 571-8740 · Fax (954) 571-8742 Toll Free 1-888-Colonna R4~: ~. ~Y Of D~lray pi~,yhacking, BrOward Cou,~ C~nUac! ' Mr. SolOmon: ~ n Bro~drd COUT~ and Colom~ As~alt Restoraion,. ~nc. ~c1~ you ~11 find the four ~C~ ~ for ~plmJt ~ tl~l ~nam to e~n ~stricl ~)t CoIom~q ~t ~r~ iff Bro~d C~t~ '. Coun~ ~ ~ l~ve a r~w of the b~ ~em~ llstM on ~it ~cl~ or.ts ~ t~y list ~ly ~ norn~y~, tne]ten~t~ssln&are~tollo~: . 91362~1 Tem~y ~d] ~ s ~ ~o d as~alfic $13, ~'SY mix, 1 mci] dept 913620010050 I/nd~ compared asphah Type S3 $12,60/$Y 915620010031 1 inoh cmnpe~ted aSl~lalt Type Si $12. (g)/SY · 913620010054 1,$ inch compaCwd ssphall Type $1 $13,05/SY t 913620010055 2 inch compacted asphalt Type Si $13.95/SY i 913620010060 prime coat, emulsified ;~phah AEP $ ,0$/SY 913620010070 l~liver clean hack fill & compact $ 3,00/CY 913620010076 Paint with tn~c markin& painl $ 3,00/SY (DOT approved) to original condition. 9-1:}620010077 Traffic markin& u~insDOT approved $10.00/SY thenuopla$tic road markitq~,, all color~. 913620010078 Seal Ca~t (Glmm Seal or eq-.'d) $ .75/SY administered fl~roogh the spraying pr~$ (two coats), If yot~ ~ lye any queatiorts, p[ea.~ do not he~i 'tare to eont:~ Dennia or my~el~ Aa ~lwaya, ii is a l~eazu~e doing buziness with you. LJAd~ Tpledo p R:EV~Oi3'S' iTEM MON 1~: 24 FAX 99543578.535 BRWD CO PURCH,qNG AGENDA REPORT TO THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS NEXT ITEM ~.~ Requested Action MOTION TO AWARD Open-end Contract to Iow responsive/responsible bidder. Colonna Asphalt Restoration. Inc., for Job Restoration to Asphalt Concrete Services in the estimated yearly amount of $231.565.00 (H-D-98-280-M1) for the Office of Environmental Services and to authorize the Director of Purchasing to renew this contract for two (2) one (1) year periods. This initial contract period shall start upon receipt and acceptance of Insurance/Pedormance and Payment Guarantee and terminate two (2) years from that date_ Summary Explanation and Back~lr_ound THE PURCHASING DIVISION AND THE OFFICE OF ENVIRONMENTAL SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION: FISCAL IMPACT: JEach requirement processed against this open-end contract will be funded by the appropriate sourC~ at the time of release for an anticipated approximate annual total amount e[ $231,565.00J The purpos.~. ,.this contract is to provide a means of completing asphaltic jobsite restoration to previously exist, lng condition after utility repairs are completed. 'I HE PURCHASING DIRECTOR ttAS DP.'VERMINED THAT THE FOLLOWING BIDDER IS NON- RESPONSIBLE;. Numeric Construction - This determination was based upon a review conducted by the Using Division who performed a complete techr~ical evaluation, with information received from the other Governmental Agencies, that Numeric Construction listed as references and by a Dun & Bradstreet report. 157 · Notifications of Bid Availability 12 Bid Requests Provided 3 Bids Received. 2 Declinations Recommended By: Department D)rector's Signature Phiilip C. Allen , Source of Additional Information: ..... Division D~rectods S~gnature Glenn R. Cummings Exhibits Attached for Board I 1. ~hibit 1 - Bid Tabulation Date 357-6070 Phone " I Documeets for Document Control only Board Action for Document Control only_d zoo~ g~gg~g~g66 ]dWl Og:9I ~0141 ~O/gO/90 -06/05~00 MON 16:22 FAX 99543578535 TUE 15:31 FAX 99543578535 BRWD CO PURCHSNG BRWD CO PURCHSNG JOB REi{TORATION -ASPHALTIC CONi2RE'I'F GROUP IITEMI{ 1 THROUGH 18: DEUVBRYANDINSTALLATION "ASPHALT RESTORATION" YEARLy ITEM ESTIMATED COMMODITY CODE UNIT NO. QUANTITY DESCRIPTION PRICE · ~002 ADDENDUM #2 M,~Rc. 9. 't TOTAL PRICE 004 YD, #91362001000~{ TEMPORARY PATCH U~{NG COLD AigPHALTIC M~x, 1 INCH DEPTH 2. 150 Sa. yD. #9'{ 3820010002 TEMPORARY PATCH US~G COLD ASPHAL'[IC M~x, 1.5 INCH DEPTH 3 1608Q. yO. #9'I 36200 tD009 TEMPOi~t¥ PATCH USING COLD A~PHALTIC M}X, ~ iNCH DEPTH #913620010004 4. ~OEACH EMERGENCYCALLOUTMOGILIZATIONUN~ER ,,~.~,¢~'"'lEA 2 Hours $ . . 4,000 aQ, y~. #913620010050. ~INCH COMPACTEDA~PHP. LT'TYPE~3" 6.' 4,000 SQ.¥D. ~913020010053 8. 100so. yD. #91362001005¶ lINCH COMPACTED ASPHALT"TYPESq' ~]~*~t~E BIDDER' BE SURE TO HA VE THE INVITA'~ " ~- -- ~~N FOR BID, [BIDDER ACKNOWLEDGMENT (BLUE) FORM] SIGNED BY AN AUTHORIZED REPRESENTATiVE 01.:= YOUR FIRM OR YOUR BID WILL NOT BE OONSJDERED RESPONSIVE. '06/05~00 MON 16:22 FAX 99543578535 BRWD CO PURCHSNG (Co~-v) RESTORATION-/~S pHAL~ CONCR ~TF ADDEND u,'~ ~'.2 M~cH 9, ITEM ESTIMATED COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE 005 12. 4,000 so. yo. #913620010061 TACKCOAT, EMULSI?I~DA$~HALTAEP #913620010062 13. ~,000 LQ. YD. GRA~E & COMPACT EXIeTtNG LiME RQCK /'/'/' ~O BAS~ IN ~FA~TION rO~ PATCNINC $ ~.YD. #91362OO10070 DSLIVER P2.F_.AN RACK FILL & COMPACT 15. t.900so. Yn. #1t13620010671 DELIVER, 'GRADE, COMPAC'~ LIME ROCK BASE iNCH D~PTH #913620010073. 16. 500 SQ. YD. DELIVER, GffJ~)E, COMPACT LIME ROCK BASE ]-'~. ~ ~) I~INCH DEPTH $~- ISQ.VD. ~913620010074 ~ELIV~R, GRA~E, COMPACT UME ROCK BASE ~INCH DEPTH #9f$62o0"10076 (~OT APPROVEO,) YO ORIGINAl. CONDITION $ . . $ NOTE TO PR o$1aEcTIV~' BIDDE~: I~E SURE TO I-IA VE THE INViTA TlOl'/ FOR B;D, [BIDDecR A CKNOWLEDOMENT ~BL UE) FORM] SIGNED BY.edV AUTHORIZED FLEPRESENTA TIVE OF YOUR FiRM OR yOUF? BiD W~LL NO T BE CONSIDERED RESPONSIVE. · 06/85/00 M0N 16:25 FAX 99543578555 BRWD CO PURCHSNG 'l'~J£ 1~:32 FAX 99543,'$78335 BR~'D CO pImCI~SNG ~ ~10 - 4~ RESTORATION -~ALTm ~ u06 ADDENOUM#2 MARCHg, t9§9 ITI~M ESTIMATED COMMODITY CODE UNIT TOTAL NO. QUANTITY .DESCRIPTION PRICE PRICE 20. 200 SQ. YD, #91362ootoor)' TRAFFIC MARKINO, Ue-ING DOT APPROVED THERMO~L.AEi?'iO ROAD MARFdNG~ ALL COLORS 300 SQ. YD. SEAl. GOAT (GLENN SEAL OR'EQUAL) ADMINISTERED THROUGH THE $PP~4 YINO PROOI.;Ss (Two COATS) GROUP l, ITEM~ I -21 AMOUNT OF TOTAL BID ITEMS GRAND TOTAl. BID AMOUNTS *NOTE! THE ACTUAL COGT FOR TESTINO ASPHALT WILL BE INVOIGED AS A "PASS-THROU OH," AND THE (~ONT~D, CTORWlLI BE REQUIRED TO SUPPLY ~OCUMENTATION VERIFYING HI~ COST. COMMODITY FOR PASS THROUGH TEST1NO IR 9136200200. ~C-GtB.BID · 06/(15'/00 MON 16:23 FAX 99543578535 BRWD CO PURCHSNG 007 THE LOCATION OF THE BASE OF OPERATIONS WITHIN THE PROXIMITy OF ~ROWARD COUNTY WHICH WILL SERQE :THIS CONTRACT IS AS FOLLOWS; STREET ADDRESS: ]~100 South Power]inp Road: gui~ 1In CITY: Deerfield Beach. F~ 33442 TELEPHONE NUMBER: 954-571-8740 'THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COV~ED BY THIS CONTRACT, IF REQUIRED:" {J' YES El NO VENDORFAX# 954-57] -R742 ACKNOWLEDGMENT IS HEREBY Mi&DE OF THE FOLLOWING ~DENDA OR J~MENDMENTS (IDENTIFIEI3 BY NUMBER) RECEIVED SINCE ISSUANCE OF THiS BID.' N/A BEEPER #: mob i 1 e 9 5 4- 2 FEDERAI. TAxlD#:. R'R-N R &4 4~q9 WOULD YOU ACCEPT CREDIT CARDS AS PA YMENT FROM BROWARD COUNTY? YES ~ NOTICE TO Rtmt3,~R.'~: PLEASE CHECK THE FEDERAL EMPLOYER'S IDENTIFICATION NUMBER (FEIN) ON THE FACE OF TH~ INVITA] ION FOR B~01BIODER ACKNOWLEDGMENT FORM (IFB) (BLUE) AND MAKE APPROPRIATE CORRECTIO~.'S ON THE IFB. IF THE COUNTY DOES NOT HAVE ~HE CORRECT FEIN, PAYMENTS CANNOT BE MADE TO YOUR FIRM. Colonna Asphalt Restoration, Inc. NAME OF BIDDER BE SURE TO HA VE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT (BLUE) FORM] SIGNED BY AN A U THOR/ZED REPRESENTA TIre OF YOUR FIRM OR '/OUR BID WILL NOT BE CONSIDERED RESPONSIVE. AGENDA REQUEST NO. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~, O. Date: October 11, 2000 When: October 17, 2000 Description of item (who, what, where, how much): Staff requests Commission Approval of a Contract to Colonna Asphalt Restoration, Inc. for miscellaneous asphalt repairs and patching as a result of utilit~ work within paved areas. Unit prices are based on an existing Broward Count,/Contract with Colonna Asphalt Restoration, Inc. Total purchase order amount will b~35,000.00 with funding from Account # 441-5123-536-34.90, Other Contractual Services. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of a purchase order to Colonna Asphalt Restoration, Inc. Department head siguature: ~'~? ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ql~d on all items involving expenditure of funds): Funding available:~ES~NO Funding alternativesv (if applicable) , / AccountNo. & Description ,~/.~t/ ~.,~/~O.~ AccountBalancet, f~,x_9""ligO.,'5~'O Fl~4 fig/~t / tg J /.o~ //Yi9 ~ '6I' City Manager Review: Approved for agenda: (~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\essrv002\davisWorms~AgendaReq - Asphalt Patching.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer,y~.,,~ 12 Oct 2000 Police Department Re-roofing Commission Agenda Item Contract Award Project # 2000-062 Attached is an agenda item for Commission approval/authorization for the Mayor to execute Contract with RSI of Florida, Inc. This Contract includes the re-roofing of both the second floor and first floor roofs of the police headquarters building (300 W. Atlantic Avenue) and the shooting range/fitness center building roof located just Sguth of the police headquarters building. The re-roofing generally consists of removal of existing roof material and installation of new built-up modified roof to police headquarters buildin§, I and 2 story (approx. 8,600 SF and 3,900 SF respectively), and shooting range/fitness center building, 1 story (1,900 SF). Funding is as follows: Account # Amount 334-6112-519-46.10 $177,925.00 Please place this item on the 17 Oct 2000 Commission meeting. enc cc: Richard Hasko, P.E., Environmental Services ~epartm~nt Director Joseph Safford, Finance Director file o~oo, ~_~o fl. ._o O. 0 0 Request to be placed on: X AGENDA REQUEST Agenda Item No..u'C)'~' Date: 12 Oct 2000 Regular Agenda Special Agenda Workshop Agenda When: 17 Oct 2000 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Contract with RSI of Florida, Inc. This Contract includes the re-roofing of both the second floor and first floor roofs (approx. 8,600 SF and 3,900 SF respectively) of the police headquarters building (300 W. Atlantic Avenue) and the shooting range/fitness center building roof (1,900 SF) located just south of the police headquarters building. Account # Amount 334-6112-519-46.10 $177,925.00 ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recomnfl.~nds aPp~o..v, al/auth~rjZati~ Department head signature (~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (,r, eq~d on all items involving expenditure of funds): . Funding availabl(~:_YES..~lO /'~)Funding alternati~ __ ~¥/~Account No. & Desc~34-~~g Maintenance) ~,,..~Account Balance $265,000.00 (if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520.doc TO: FROM: SUBJECT: DA¥~B)T. HAnDEl,, .CITY MANAGER PAUL DORLING, A~ING DIRECTOR OF PLANNING AND ZONING MEETING OF OCTOBER 17,2000 (CONTINUED FROM AUGUST t5, 2000) REMOVAL OF THE TEMPORARY STREET CLOSURE ON SE 4TH STREET~ ~E. TWEEN SE 6TH AVENUE AND SE 7TH AVENUE. At its meeting of July 15, 1996, the Planning and Zoning Board held a public hearing regarding a request by the Marina Historic District Homeowners Association to close SE 4th Street. While the Board generally did not support the request, they approved the closure on a temporary basis to evaluate the impacts of the closure. A diagonal closure was installed on SE 4th Street, between SE 6th Avenue and SE 7th Avenue. Typically when one street in a neighborhood is closed, those vehicles cutting-through find a neighboring street to use. No pro-closure data was collected on neighboring streets, but from discussions between the City Engineer and residents who live south of SE 4th Street, SE 7th Avenue and SE 5th Street aro experiencing increased traffic volumes. SE 7th Avenue south of 4th Street is substandard in width (one lane). Any traffic pattern modifications that result in additional traffic utilizing this section of SE 7th Avenue are discouraged. A traffic report prepared by McMahon and Associates regarding the closure of SE 4th Street was submitted and reviewed by the City Engineer. Based upon the conclusions of the report, the City Engineer recommends removal of the closure, and that traffic-calming measures (i.e. entry feature, chicanes) be implemented to discourage cut through traffic. This item was originally considered by the Commission on August 15, 2000, at which time several members of the neighborhood association spoke in opposition to removing the closure expressing uncertainty over what types of alternative traffic calming features would be implemented in place of the closure. The City Commission continued the item to the October 17th meeting with the direction that staff meets with the homeowners association to discuss potential traffic calming methods. The City Engineer, Randall Krejcarek and I met with about 25 members of the Marina District Homeowners Association on September 21, 2000 and reached a consensus. The following traffic calming measures (see attached exhibit) were proposed and agreed upon by a majority vote of the association members present. · Installing semi-diverters on SE 4th Street & SE 6th Avenue, and SE 3~d & SE 6thAvenue; · Making SE 4th Street one-way (east to west) from SE 7th Avenue to SE 6th Avenue; · Installing chicanes in the 200 block and 300 block of SE 7t~ Avenue; · Installing either a raised intersection or a roundabout at the intersection of SE 7th Avenue and SE 2"d Street. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Removal of the Temporary Street Closure on SE 4th Street, Between SE 6th & 7th Avenues Page 2 At its meeting of July 17, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was extensive public testimony primarily objecting to the removal of the closure. The majority of the people were concerned with cut-through traffic, speeding and trash. Some people suggested that SE 4th Street be changed to one-way westbound, and another person felt that the traffic calming measures should be in place prior to removal of the closure. After reviewing the staff report and discussing the proposal, the Board voted 3-2 (Randolph & Stark dissenting, Carter & Eliopoulos absent) to recommend removal of the temporary closure of SE 4th Street, between SE 6th and 7th Avenues, as the closure has failed to achieve its goals and has resulted in traffic being diverted to other residential streets, subject to the condition that other traffic calming measures are simultaneously implemented. By motion, approve removal of the temporary closure of SE 4th Street, between SE 6th and 7th Avenues, subject to the condition that the traffic calming measures noted on the attached exhibit be implemented simultaneously. Attachments: P& Z Board Staff Report of July 17, 2000 City Engineer's recommended traffic calming measures S PJ~' 3S -C ±S SE 6th AVE IAISED LANDSCAPE 7-11 ' ! SEMI-DIVER3ER ____~( ) ~ L __ Sg --Tth-- __AVE __ ~) ~ , , III CHICANE MARINA HISTORIC DISTRICT HOA 214 S E 7~n AVENUE DELRAY BEACH, FL 33483 October 4, 2000 Mayor David Schtnidt, Chairman City of Delray Beach City Commission 100 NW 1 ~t Street Delray Beach, F1 33444 Dear Mayor, Several members of the Marina Historic District HOA were present at your August meeting of the commission with concerns about the timing of the removal of the bamcade now in place on SE 4th Street and 6th Avenue. I was privileged to speak on behalf the Association. Planning and Zoning had recommended that you approve the removal of the barricade concurrent with the installation of unspecified traffic abatement measures. Our concern was that we did not know what specific measures would be installed; where they might be installed, and whether they would curtail undesirable and unsafe traffic. We asked the Commission to delay its vote so that we could work with the City Engineer and City Planner to reach a mutually agreeable plan. The Commission granted us until your October 17, 2000 meeting to accomplish that task. We are pleased to report that we have reached an agreement with the City Engineer and the City Planner on those items related to removal of the Barricade. Our understanding is that the City will do the following: Install a new traffic control measure at the intersection of SE 2na Street and SE 7th Avenue, to replace the 4-way stop existing there. This is in response to our concern about drivers frequently running the stop sign. The new measure will be either a raised platform or a traffic circle. The Association prefers the Circle. The city will install two or more Chicanes along SE 7th Avenue between SE 2na Street and SE 4t~ Street to discourage speeders. The City will also install right hand turn only lanes on SE 3rd Street and SE 4t~ Street where they intersect with SE 6t~ Avenue. These measures will discourage commuter traffic along SE 7th Avenue. Our Association is actively working on some kind of Entrance decoration to publicize the Historic Marina Historic District and the Marina. When our designs are complete we will present them to the City for approval. I apologize for the length of this letter, but I would be remiss if I did not comment on the contributions of Mssrs. Randal Krejcarek and Paul Dorling, City Engineer and Acting Director of Planning and Zoning, respectfully. Both of these City Officials gave their personal time to meet with our Association, answer questions and fxeely discuss alternative solutions. As a result, the measures described above are truly the result of the citizens and the City working constructively together. I plan to attend your October 17 meeting and will affirm this letter in person, and answer any questions you may have about our part in this matter. Respectfully yours, Robert Hewett, President CC: Mr. David Harden, City Manager Each Member of the City Commission Mr. Randal Krejcarek, City Engineer Mr. Paul Darling, Acting Director of Planning and Zoning. measures be simultaneously implemented in accordance with the December 1998 "Traffic Pattern Analysis for Marina District" On question from Mrs. Archer, Randal Krejcarek, City Engineer, stated that the intent would be to do two things in terms of traffic calming. The first would be to put in chicanes in the 200 block of S.E. 7th Avenue which would create a meander- ing effect as one travels south. The second would be to put in what would be a right-in, right-out at northbound 3rd and 4th Streets or to put in a semi-diverter which would allow traffic to exit the neighborhood on 4th or on 3rd Street, but would not allow the traffic to come in to the neighborhood, or some combi- nation of traffic calming measures could be done at both the 3rd and 4th Street intersections with northbound Federal Highway. Mayor Schmidt commented that he had received several telephone calls earlier in the day from residents in the area, including the President of the Homeowners Association who ex- pressed a desire to address the Commission on this item at tonight's meeting. The Mayor stated that the Homeowners Associa- tion would like the Commission to delay action on the item so that they can sit down with the City Engineer and try to come up with a plan for the traffic calming measures that would address their concerns about traffic. It was the consensus of the City Commission to hear from the President of the Marina Historic District Homeowners Association, Mr. Robert Hewett, 214 S.E. 7th Avenue. Mr. Hewett discussed the types of traffic problems which occur in the neighborhood and asked that the community be afforded the oppor- tunity to try to design something in conjunction with the City to control the traffic within the neighborhood. Upon further discussion, Mr. Perlman moved to postpone consideration of the removal of the temporary street closure on S.E. 4th Street for a period of sixty (60) days to allow time for the Homeowners Association and staff to work out a mutually agreeable arrangement, and reschedule the item for consideration at the October 17, 2000 regular meeting. The motion was second- ed by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt Yes; Mr. Perlman Yes; Mrs. Archer Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.B. NAMING OF THE INTERNATIONAL TEI~NIS RESORT PROPERTY: Consider naming of the International Tennis Resort Property. The City Manager asked that this item be delayed and placed on the August 22nd agenda as a special meeting item. He stated that the City Attorney had done a corporate name search and there is an inactive corporation, Delray Beach Racquet Club, Inc. The individual who had the name is on vacation and is supposed to be back on August 21st so the City Attorney suggest- ed that we at least speak with that individual before we choose the name that staff is recommending. If the Commission wished -5- o8/15/oo TO: THRU: FROM: SUBJECT: JEFFREY A. COSTELLO,-PRINCIPAL PLANN~0 MEETING OF AUGUST '15, 2000 REMOVAL OF THE TEMPORARY STREET CLOSURE ON SE 4TH STREET~ BETWEEN SE 6TH AVENUE AND SE 7TH AVENUE. At its meeting of July 15, 1996, the Planning and Zoning Board held a public hearing regarding a request by the Marina Historic District Homeowners Association to close SE 4th Street. While the Board generally did not support the request, they approved the closure on a temporary basis to evaluate the impacts of the closure. A diagonal closure was installed on SE 4th Street, between SE 6th Avenue and SE 7th Avenue. Typically when one street in a neighborhood is closed, those vehicles cuffing-through find a neighboring street to use. No pre-closure data was collected on neighboring streets, but from discussions between the City Engineer and residents who live south of SE 4th Street, SE 7th Avenue and SE 5th Street are experiencing increased traffic volumes. SE 7th Avenue south of 4th Street is substandard in width (one lane). Any traffic pattern modifications that result in additional traffic utilizing this section of SE 7th Avenue are discouraged. A traffic report prepared by McMahon and Associates regarding the closure of SE 4~ Street was submitted and reviewed by the City Engineer. Based upon the conclusions of the report, the City Engineer recommends removal of the closure, and that traffic-calming measures (i.e. entry feature, chicanes) be implemented to discourage cut through traffic. Attached are traffic calming measures recommended by the City Engineer, Randal Krejcarek. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 17, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was extensive public testimony primarily objecting to the removal of the closure. The majority of the people were concerned with cut-through traffic, speeding and trash. Some people suggested that SE 4th Street be changed to one-way westbound, and another person felt that the traffic calming measures should be in place prior to removal of the closure. After reviewing the staff report and discussing the proposal, the Board voted 3-2 (Randolph & Stark dissenting, Carter & Eliopoulos absent) to recommend removal of the temporary closure of SE 4th Street, between SE 6th and 7th Avenues, as the closure has failed to achieve its goals and has resulted in traffic being diverted to other residential streets, subject to the condition that other traffic calming measures are simultaneously implemented, per the December 1998 "Traffic Pattern Analysis for Marina District". By motion, approve removal of the temporary closure of SE 4th Street, between SE 6th and 7th Avenues, based upon findings and recommendations of the Planning and Zoning Board. Attachments: P& Z Board Staff Report of July 17, 2000 City Engineer's recommended traffic calming measures Recommendations from "Traffic Pattern AnalySis for Marina District" PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AGENDA ITEM: JULY 17, 2000 IV.D. - REMOVAL OF THE TEMPORARY STREET CLOSURE ON SE 4TH STREET, BETWEEN SE 6TH AVENUE AND SE 7TH AVENUE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding removal of the temporary street closure on SE 4th Street, between SE 6th Avenue (Northbound Federal Highway) and SE 7th Avenue. BACKGROUND In 1996, the Marina Historic District Homeowners Association requested the temporary closure of SE 4th Street between SE 6TM Avenue and SE 7th Avenue. The problems as reported by the Association were as follows: r~ Vehicles using SE 7th Avenue to bypass Federal Highway, increasing the volume of traffic; [] Potential customers and technicians of area auto dealerships using SE 7th Avenue to test cars; and, [] Speeding cars. At its meeting of July 15, 1996, the Planning and Zoning Board held a public hearing regarding the closure of SE 4th Street. While the Board generally did not support the request, they supported the closure on a temporary basis to evaluate the impacts of the closure. After extensive public testimony, the Board approved the request for closure on a temporary basis. A diagonal closure was installed in order to provide drivers with an adequate turn around area before reaching the closure, to avoid bisecting a house on the south side of SE 4th Street, and to allow accessibility to the 7-Eleven driveway off SE 4th Street. Justification for Closure: Street closure requests are addressed on the basis of impacts on the immediate neighborhood and the City as a whole. Justification for approval of street closures is based on the ability to meet the following goals: [] enhances the stability of a residential neighborhood; [] mitigates the adverse impacts which exist between commercial and residential land uses; [] controls traffic from non residential land uses through residential areas; and, [] mitigates the improper use of substandard facilities. IV.D. Planning and Zoning Board Staff Report Removal of Closure on SE 4th Street, Between SE 6th Avenue and SE 7th Avenue Page 2 The majority of the properties located within the Marina Historic District are located just south of the City's Transportation Concurrency Exception Area (TCEA). The TCEA was established to promote downtown redevelopment by eliminating traffic concurrency requirements. The TCEA is also an acknowledgment that downtown traffic facilities are constrained, and that little if any potential exists for street widening to accommodate future traffic. It poses a unique problem for downtown neighborhoods, because as traffic increases, it is more likely to be diverted onto the grid network of neighborhood streets. While it is important to protect the stability of those neighborhoods, it is also important to keep as many travelways open as possible in order to avoid gridlock on the main roads. Typically when one street in a neighborhood is closed, those vehicles cutting-through find a neighboring street to use. No pre-closure data was collected on neighboring streets, but from discussions between the City Engineer and residents who live south of SE 4th Street, SE 7th Avenue and SE 5th Street are experiencing increased traffic volumes. SE 7th Avenue south of 4th Street is substandard in width (one lane). Any traffic pattern modifications that result in additional traffic utilizing this section of SE 7th Avenue are discouraged. A traffic report prepared by McMahon and Associates regarding the closure of SE 4th Street was submitted and reviewed by the City Engineer. Based upon the conclusions of the report, the City Engineer recommends removal of the closure, and that traffic calming measures (i.e. entry feature, chicanes) be implemented to discourage cut through traffic. Funding for the traffic calming devices is available. Summary: The goal of this closure was to stop cut-though traffic from using SE 4th Street. Subsequent to the approval of the temporary closure in 1996, temporary street closure devices were installed and the City conducted traffic and neighborhood impact analyses. The results concluded that the traffic is being diverted onto other streets in the neighborhood. In conclusion, it is recommended that the temporary closure be removed and that other traffic calming measures be implemented. Community Redevelopment A.qency: While the closure location is not in the CRA district, it is adjacent to that agency's area, and will be presented to the CRA board at the meeting of July 13, 2000. The board's recommendation will be presented at the Planning and Zoning Board meeting. This item was previously reviewed by the CRA board at its meeting of July 11, 1996. The members had mixed feelings about the closure. Some members felt that it would help to protect the neighborhood and enhance property values, while others were concerned about emergency access and the disruption of the grid system. 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. Planning and Zoning Board Staff Report Removal of Closure on SE 4th Street, Between SE 6th Avenue and SE 7th Avenue Page 3 Courtesy Notice: Courtesy notices have been provided to the following homeowner's and civic associations: [] Marina Historic District [] Barton Churchill [] Presidents Council [] Progressive Residents of Delray (PROD) Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. : AETERNATIVE ACTION Continue with direction. Recommend approval of the permanent closure of SE 4th Street, between SE 6th and 7th Avenues, based upon findings that it would help to enhance the stability of the neighborhood, mitigate the adverse impacts between commercial and residential land uses, and control traffic from non residential land uses through residential areas, subject to conditions. Recommend to the City Commission removal of the temporary closure of SE 4th Street, between SE 6th and 7th Avenues, as the closure has failed to achieve its goals and has resulted in traffic being diverted to other residential streets, subject to the condition that other traffic calming measures be implemented. Recommend to the City Commission removal of the temporary closure of SE 4th Street, between SE 6th and 7TM Avenues, as the closure has failed to achieve its goals and has resulted in traffic being diverted to other residential streets, subject to the condition that other traffic calming measures be implemented. Attachment: r~ Location Map S:/P&ZJBOARDS/P&ZBOARD/SE4THSTCLOSURE.DOC L.__JL__J t__JL_J L_JI__J L II IL ! U/ / S.E. 2ND , ST. -- S.E. 3RD -- o 7o! i'-I---7~CLOSURE S.E. 4TH l,~ L~ g.~ / BUClDA RD. , (-') o S.E. 6TH ST. (..-)~ --~"MELALEUCA RD. ~.F~ 77~ ST. ~ R~MOVAL OF TEMPORARY STREET CLOSURE I TRAFFIC PATTERN ANALYSIS FOR MARINA DISTRICT Delray Beach, Florida Prepared For. City of Delray Beach By: McMahon Associates, Inc. Transportation Engineers & Planners December 1998 City of Delr~. Beach - Traffic Pattern Analysis for Marina District TABLE OF CONTENTS LNTRODUCTION ................................................................................................................ EXISTING CONDITIONS ANALYSIS ............................................................................... 3 ALTERNATIVES ANALYSIS ............................................................................................ 9 CONCLUSIONS AND RECOMMENDATIONS ...............................................................20 APPENDIX A - TRAFFIC COUNT DATA . . .......... A-I LIST OF FIGURES AND EXgrmrrs FIGURE 1 - STUDY AREA ................................................................................................ FIGURE 2 - PROPOSED CHOKER LOCATIONS ........................................................... 14 PHOTOGRAPHS OF 200 BLOCK OF SE 7t~ AVENUE ......................................... 15 to 17 PHOTOGRAPHS OF ENvrKANCE FEATURES ................................................................ 19 LIST OF TABLES TABLE 1 - PRE AND POST-TRAFFIC DATA ......................... 5 McM'ahon Associates, Jnc. Page i Ci_lv of Delr~. Beach - Traffic Pattern Analysis for ~Iarina District INTRODUCTION In July of 1996, following an analysis of traffic conditions by the Planning and Zoning Department, the De[ray Beach City Commission approved a temporary street closure on SE 4th Street, east of SE 6t~ Avenue (northbound Federal Highway). This temporary closure was installed in response to an application completed by the Marina Historic District Homeowners Association. The neighborhood association had voiced its concerns about traffic volumes and traffic speeds on SE 7t~ Avenue in the area. Particular concern focused on the perception that there was significant non-neighborhood oriented "cut-through" traffic traveling in this area. The northeast quadrant of the intersection of SE 4t~ Street and SE 6t~ Avenue is the site of a 7-11 convenience market. The street closure is located on SE 4t~ Street, immediately east of the 7-11, maintaining access to the 7-11 site via a single driveway connection on SE 4~ Street. The temporary street closure was approved and installed in the summer of 1996. Traffic data were collected in the study area prior to and after the installation of the closure. The general study area is presented on Figure I. The purpose of this study is to analyze the available data, evaluate the effect which the temporary closure of SE 4th Street has had on neighborhood traffic characteristics, and evaluate other alternative actions which may deter "cut-through" traffic and control u'affc speed through the Marina District neighborhood. ~cA~tahon Associates, ]nc. Page 1 Ci .tv' of Delr~. Beach - Traffic Pattern Analy~s.for 3~arina District Figure 1 SITE LOCATION MAP DELRAY BEACH MARINA DISTRICT DELRAY BEACH, FLORIDA MCgdahon Associates, .Inc. Page 2 C Iy of Delra¥ Beach - Traffic Pattern ,~nalysisfor ]~iarina District EXISTING CONDITIONS ANALYSIS Area and Roadway Characteristics The Marina District neighborhood is bounded to the north by Atlantic Avenue, to the east by the Intracoastal Waterway, to the south by SE 5~ Street, and to the west by SE 6th Avenue. Prior to the snmmer of 1996, access to the neighborhood could be achieved from the west via four connections to Federal Highway. Following the temporary closure of SE 4th Street, access to the neighborhood from the west is currently provided at SE 3rd Street, SE 2"d Street, and SE 1a Street. In addition, SE 5th Street also provides access to the neighborhood, although this is discouraged through signage indicating that it is a dead end, and that there is no outlet. Access to the neighborhood is provided from the north offof Atlantic Avenue via SE 7th Avenue and palm Square. SE 7th Avenue is a local two-lane, two-way road from SE 4t~ Street to Atlantic Avenue, with a posted speed limit of 25 miles per hour. Between SE 4t~ Street and SE 5th Street, SE 7~ Avenue provides only one travel lane without any designation of one-way travel. Federal Highway (SE 6t~ and SE 5~ Avenues) is a Slate Principal Arterial and is the major north-south thorougkfare in the area~ It has a posted speed limit of 35 miles per hour. Federal Highway in this area is a one-way pair, with SE 6~ Avenue being the northbound leg and SE 5th Avenue the southbound leg. SE 6t~ and 5th Avenues each provide three through lanes. SE 5th Street, SE 4th Street, SE 3~d Street, and SE 2nd Street. are two-lane, two-way, east-west oriented local roads. McMahon Associates, Inc. Page 3 Ci.ly of Delray Beach - Traffic Pattern Anal. vsis for Marina District SE 5t~, SE 44 and SE 3'd Streets only extend bom SE 6th Avenue to SE 7th Avenue within the study area. SE 2nd Street and SE 1~ Street emend one block further to the east. Palm Square is a north-south oriented two-lane local road. The interseetion of SE 7th Avenue and Atlantic Avenue is controlled by a traffic signal. The intersections of SE 2nd and SE 1a Streets with SE 6th Avenue are also traffic signal controlled. To the west of SE 6th Avenue, SE 1a Street is one- way eastbound (the Atlantic Avenue By-Pass). SE 5th Street does not emend to the west of SE 6* Avenue. Land uses within the study area include a mix of single family and multi-family residemial and mixed commeu'cial uses. Land uses along SE 6a Avenue within the study area are a mix of small individual commercial uses. SE 7th Avenue to the south of SE 2na Street is single family residential, with the exception of the church at the somhwest corner of the intersection of SE 2na and SE 7th Avenues. To the north of SE 2nd Street, the land uses change to a mix of single family and small scale muki-family residential, which continues to Atlantic Avenue, where property fronting on Atlantic Avenue is dominated by commercial uses. Traffic Volume Data Traffic data were collected by the City at several locations within the study area, both before the implementation of the temporary street closure as well as twice after the installation of the closure (in August 1997 and February 1998). The post-closure data represent both peak and off-peak season traffic conditions for the Marina District. The traffic data are summarized on Table 1. The data are also presented '.m Appendix A. McAiahon Associates. Inc. Page 4 City of Delray Beach - Traffic Pattern Analysis for Marina Zhstr~ct TABLE ] Pre and Post Street Closure Traffic Dala Marina District Traffic Pallern Analysis Delr~y Beach, FL pRE-CLOSURE [[ POST CLOSURE - · Mc3ffahon fissociates, Jnc. Page ~5 Ci.tv of Delrm. , Beach - Traffic Pattern Anal. vsis for Marina District Traffic Pattern Analysis Analysis of the traffic count data collected by the City before and after the installation of the street closure provides a basis for evaluating the effect which the closure had on traffic patterns within the neighborhood. These counts were obtained at the following locations: · SE 7t~ Avenue between SE 4th Street and SE 3~d Street · SE 4th Street between SE 6t~ Avenue and the street closure. In addition, peak and off-peak season traffic count data were collected on SE 7t~ Avenue between SE 5~h Street and SE 4th Street after the installation of the temporary barrier. These counts were performed due to local resident's concern of increasing traffic volumes on that link. Measurable decreases in traffic volumes were observed following the street closure on SE 7th Avenue between SE 4t~ Street and SE 3~ Street. Intuitively, traffic volumes west of the closure on SE 4th Street also decrease significantly after the barrier was installed. Based upon the recent traffic data, it appears that some "cut-through" traffic using SE 7th Avenue north of SE 4~ Street has been eliminated through the installation of the temporary closure. ~Since traffic data were not collected on SE 7~ Avenue between SE 5t~ Street and SE 4t~ ,Street prior to the installation of the barrier, no conclusion can be drawn regarding the closures impact on this segment from the traffic data collected after the installation. However, the total volumes on this segment were quite low, ranging from 126 vehicles per day in August 1997 to 208 vehicles per day in February 1998. It is assumed that much of the "cut-through" traffic in the study area was associated with customers of the 7-11 convenience market at the northeast corner of the intersection of SE 6th 'g~fCgIahon Associates, Jnc. Page 6 City of Delray Beach - Traffic Pattern Analysis for 3~tarina District Avenue and SE 4th Street. However, not all traffic which was traveling to and from the 7-11 could be considered "cut-through," as it was associated with residents of the Marina District neighborhood. In addition to "cut-through" traffic which had occurred on SE 4~ Street prior to the installation of the temporary closure, it is perceived that some "cut-through" activity also occurs on SE 3Ta and SE 2~d Streets. i It is assumed that some of the "cut-through" activity on SE 4~ Sweet was diverted to these streets following the installation of the closure. However, as count .data were not obtained on these sweets prior to the closure on SE 4~ Sweet, this cannot be confa-med. Travel Speed Vehicular speed studies were conducted by the City of Delray Beach concurrent with the traffic volume data collection performed within the study area prior to and alter the installation of the temporary closure on SE 4t~ Street. Prior to the installation of the closure, average travel speeds on the SE 7~ Avenue corridor were determined to range between 16 miles per hour and 28 miles per hour. The 85t~ percentile speed study showed considerable variance for the three sites evaluated. The 85t~ percentile speed is relevant, in that it is used as a guideline in identifying the appropriate speed limit for a roadway. SE 7~h Avenue between SE ? Street and SE 2~d Street had the highest $5~ percentile speed at 43 miles per hour: This is a very high 85th percentile speed for a local street, and it raises a question as to the possibility of an 'error in the data collection equipment. However, this segment is within the longest non-stop sign controlled tangent section of SE 7t~ McMahon Associates, ]nc. Page 7 O .tv of Delray Beach - Traffic Pattern Anal. vsis for Marina District Avenue within the study area. The intersections of SE 7t~ Avenue and SE 1 ~ and SE 2"d Streets are four-way stop sign controlled, but the intersection of SE 7th Avenue and SE 3rd Street is not. The length of the segment, combined with its straight alignment, lends itself to higher travel speeds. Alter the installation of the temporary closure, another speed study was conducted al the same SE 7t~ Avenue locations in February 1998. The 85~h percentile speed between SE 3Td Street and SE 2ua Street was determined to decrease from 43 miles per hour to 31 miles per hour, a 27% reduction. The temporary closure restricts traffic on SE 6th Avenue from using SE 4m Street to access SE 7th Avenue. W'rth the barrier on SE 4t~ Street, a driver on SE 6m Avenue typically may travel north one block further to SE 3~ Street, thereby reducing the length of the tangent section of SE 7m Avenue which is not stop sign controlled. Due to this change in the travel pattern, the driver is not provided with sufficient roadway length to accelerate to speeds previously documented. Curremly, travel speeds on the study segmems are generally within accepted ranges for local roadways. .~reg~fahon Associates, Jnc. Page 8 Ci~ of Delr~. Beach - Trq~c Par~ern A nalysis for Marina DisIricr ALTERNATIVES ANALYSIS Traffic volumes on SE 7th Avenue were well within acceptable levels for a local street both before and after the installation of the temporary closure on SE 4~ Street. While traffic volumes on Marina District streets are somewhat higher than the estimated volumes associated with the land uses wi~'hin the neighborhood (the residential uses only), the level of "em-through" traffic does not appear to be significant in terms of the actual volume oftraffc. Based on the traffic data collected before and after the SE 4t~ Street temporary closure installation, it is clear that traffic volumes on SE 7a Avenue in the Marina District were reduced due to the closure. However, due to the mix of peak and off-peak season traffic count data obtained at various locations before and after the closure, it is difficult to accurately quantify the extent of the reduction. In addition, based on the speed studies conducted by the City, traffic appears to be traveling through the neighborhood at slower speeds on SE 7t~ Avenue between SE 3~ Street and SE 2nd Stre~ after the closure. Seven months after the installation of the closure, 85 percent of traffic was traveling 31 miles per hour or less on that link, a differential with the posted speed limit of only six miles per hour. Prior to the closure installation, the 85th percentile speed on this segment was identified to be 43 miles per hour. While the temporary closure on SE 4th Street appears to have achieved the desired results of reduced travel speed and a reduction in "cut-through" traffic, the decision regarding a permanent closure installation must consider the negative as well as positive impacts. We must also weigh the pros and cons of alternative traffic control and calming measures. While street closures obviously reduce through traffic on the facilities where they are implemented, they also 3¥cg~rahon Associates, Jnc. .Page 9 Ci_ty of Delr~. Beach - Traffic Pattern Analysis for Marina District create undesired impacts. When a street, such as SE 4th Streel is c]oseck much of the traffic which previously utilized it will be diverted to parallel facilities. This can result in merely transferring a problem fi-om one location to another, often creating a more serious impact on the parallel facility(s). This can result in requests for additional street closures, which, if implemented, compound this condition. In addition, street closures result in a reduction in access and response time for fire, police, and other emergency vehicles. Another challenge associated with street closures can be the physical installation. In the case of the SE 4ta Street closure, the location of the commercial and residential driveways has resulted in a very tight placement of the temporary closure in order that the driveway serving the residence at 606 4t~ Street be on the east side of the closure. It is not believed that this would be able to be accomplished with the installation of a permanent closure. The closure would need to be located further east, in the middle of the frontage of the 606 4~ Street property. Another problem specific to this location is that drivers have been observed to park their vehicles on the east side of the temporary closure and walk to the convenience store on the west side. These vehicles sometimes block the driveways of residences east of the barrier. Another issue associated with the subject closure is that no fire hydrant is currently provided on SE 4~ Street on the east side of the closure, which is of particular concern to the Fire Department. .h~cg:iahon Associates, ]nc. Page 10 Ci[v of Delr~. Beach - Traffic Pattern Analysis for 3,tarina Distr~ct In light of the negative characteristics presented by the street closure, we identified and evaluated several alternatives, to determine whether they could achieve the desired objectives of speed control and reduction of cut-through traffic, without closing the street. Four alternatives were evaluated which have the potential to achieve the objectives. These are: installation of a mini-roundabout at the intersection of SE 7~ Avenue and SE 3~ Street, installation of fou r-way stop sign control at the intersection of SE 7t~ Avenue and SE 3rd Street, the implementation of lane narrowing with off-set, landscaped encroachments into the travel lanes (chokers) within the segment of SE 7th Avenue between SE 2nd and SE 3~ Streets, and the implementation of entrance features on SE 3~d Street and SE 4t~ Street between SE 6t~ Avenue and SE 7~h Avenue. Mini-Roundabouts Roundabouts are raised circular structures constructed at the center of three or four leg intersections which provide an alternative to traditional intersections. It has been well documented that in many situations the safety performance of roundabouts is better than other forms oft-raffle control. A well designed roundabout is a safe and efficient form of intersection control which reduces the relative speeds of conflicting vehicles and provides simple and clear "right-of-way" requirements. Roundabouts provide a designed "hindrance" to all vehicles entering the intersection, thereby effectively controlling their speed and making it easier for drivers to judge the duration of gaps for a safe entry. Drivers are generally able to anticipate the movement of other vehicles. Vehicles at the approaches to the roundabout yield to those traveling within it. Travel is in a counter-clockwise direction- Roundabouts self-police vehicle speeds and calm traffic about 100 yards in each direction. It is anticipated that a roundabout McMahon Associates, Inc. Page 11 C~.rv of Delrqv. Beach - Traffic Pattern Analysis for Marina District installed at the intersection of SE 7t~ Avenue and SE 3~d Street would slow travel speeds along SE 7th Avenue between SE 4th Street and SE 2na Street. A roundabout at this location would bisect the long, tangent section of SE 7th Avenue where speeding is of greatest concern. Roundabouts can be landscaped to provide an aesthetically appealing appearance. They can be designed to accommodate emergency vehicles, while maintaining their original purpose of reducing travel speeds. However, based on a review of conditions at the subject intersection, additional right-of-way may be required to implement this alternative. Four-Way Stop Sign Control The implementation of additional traffic control in the form of four-way stop signs at selected intersections is an alternative to reduce speeds along the study corridor. As mentioned previously, the area where speeding has been identified as a problem is the segment of SE 7t~ Avenue between SE 4t~ and SE 2na Streets. By installing stop signs at all four approaches of the intersection of SE 3'd Street, drivers would not have this longer tangent section to gather speed, as they presently do. This additional traffic control also further reduces the convenience of travel on SE 7t~ Avenue for through trips, and may divert some trips to alternative routes. It is noted that the installation of four-way stop signs is not recommended unless the warrants for such installations presented in the Manual of Uniform Traffic Control Devices (MUTCD) are satisfied. A review of conditions at this location has determined that the warrants are not met. The concern is that excessive signing and unnecessary traffic control often leads to non- compliance which results in a more hazardous condition than currently exists. Mc.A~tahon Associates, Jnc. Page 12 Ci.~ of Delr~v Beach - Traffic Pattern Anal. vsis for Marina District Lane Narrowing (Choker) By installing landscaped encroachments along the edge of the roadway, SE 7th Avenue's straight and open alignment would be modified, providing the appearance of narrowing and horizontal curvature at selected locations. The primary purpose of this alternative is as a means of traffic calming, reducing travel speeds along the corridor. Winding and narrow roads tend to naturally discourage motorists from speeding. Another benefit of the lane narrowing may be a decrease in traffic volumes on SE 7th Avenue and adjoining streets. If the convenience of travel on SE 7t~ Avenue is decreased, some drivers will choose another, more eonveniem rome. To maximize the benefits of a choker installation, the links with high travel speeds would be targeted. SE 7t~ Avenue between SE 46 Street and SE 2~d Slxeet has been identified as the segment w/thin the study area with the greatest potential for violation of the speed limit. A review of this segment identified the most promising location for choker implementation to be between SE 2na and SE 3~ Streets. Figure 2 provides a schematic depiction of a potential implementation of two staggered chokers in this block. In addition, the photographs on pages 15 through 17 provide a clearer picture of the block and the prospective locations for the chokers. gi~ahon Associates, .Inc. Page 13 Ci .tv of Delr~. Beach - Traffic Pattern Anal. vsis for Marina District Road Narrows Sign 222 SE 7th Avenue --- [2' 6'~", 228? SE 7th Rai~d ~e~nt Markem 20' F~gure 2 PROPOSED CHOKER LOCATIONS DELRAY BEACH MARINA DISTRICT DELRAY BEACH, FLORIDA 229 SE 7th Avenue ~ 237 SE 7th / Avenue Road Narrows Sign (w~-l) McMahon Axsociates, .Inc. Page 14 City of Delrav Beach - TraJ~c Pattern Analysis for Marina District 1. Looking north on SE 7th Avenue ~om north of SE 3ra Street. 2. Loo 'king north on SE 7th Avenue, showing 229 SE 7~ Avenue fi'omage (on fight side of photo), the proposed location for the narrowing feature for the northbound lane. Mc$Iahon Associates. Inc. Page 15 Cf.tv of Delray Beach - Tra~c Pattern Analysis for Atarina District Looldng northeast from west side of SE 7th Avenue toward frontage of 229 SE 7th Avenue. Looking south on SE 7"' 'Avenue from south of SE 2''" Street. The frontage of 222 and 228 SE 7t~ Avenue is on the right side of photo. The area between the driveways serving these addresses is the proposed location for the narrowing feature for the southbound lane. .M'cg,tahon.dssociates, Inc. Page 16 Ci_tv of Delr~. Beach - Traffic Pattern Analysis for .~arina District '1 Looking southwest from east side of SE 7th Avenue toward 222 and 228 SE 7t~ Avenue frontage. · McMahon Associates, ]nc. Page 17 Ci.tv of Delr~. Beach - Traffic Pattern .~tnalysis for g~arina District Entrance Featu re The implementation of entrance features denotes the boundaries of a residential neighborhood. Entrance features can take various forms, but generally are small columns or walls with signs identifying the neighborhood whose boundaries they define. They can be located on the sides of the road, as an island in the center of the road or a combination of the two. Strategically placing these treatments at ingress points would delineate the Marina District, which may discourage the use of neighborhood streets as a "cut-through" route. Currently, there are several access points into the Marina District where entrance features could be implemented. SE 3~ Street and SE 4t~ Street between SE 6th Avenue and SE 7th Avenue are two locations which have been identified as potential candidates for this treatment. If introduced properly, the feature is aesthetically pleasing, and contributes to a sense of community. Landscaping could be included to enhance the aesthetic quality of the entrance feature installation, as available right-of-way and funding permits. Landscaping adds to the initial cost of installation, and also presents an ongoing cost for maintenance and irrigation. A primary goal of providing entrance features would be to reduce the attractiveness of the neighborhood's roadways as "cut-through" routes. It is recommended that if one or more entrance feature is implemented, they be designed to present a more constrained,. "private" feeling at the neighborhood access. This can be accomplished by narrowing the travel lanes at the entrance feature. If the entrance feature is to be installed on the sides of the road, it can be installed immediately adjacent to or s. lightly within the existing travel lanes. An entrance feature can be installed in the center of the roadway if right-of-way is adequate. Implementation of an island feature would require additional pavement in the area of the entrance. 34;cg4ahon Associates, ]nc. Page 18 Ci .rv of Delrqv Beach - Traffic Pattern Analy. ris for Marma Dixtrict o An example ora side road Entrance Feature at the Rio Vista Neighborhood in Fort Lauderdale, Florida. 7. An example ora cemer Emrance Feature at the Coral Ridge Isles Neighborhood in Fort Lauderdale, Florida. McMahon Associates, Inc. Page 19 Ci~. ' of Delr~ Beach - Trajfic Pattern .dnal),sis for glarina District CONCLUSIONS AND RECOMMENDATIONS McMahon Associates has reviewed various data identifying the travel characteristics of the Marina District neighborhood- We have also completed numerous visits to the area to observe travel patterns and other characteristics in the area. Based upon our analysis and observations, we offer the following conclusions regarding the effect oftbe temporary street closure of SE 4th Street and alternative traffic calming/control measures. · Traffe volumes on roadways within the study area are currently well within accepted levels for local streets, and they w~e prior to the temporary street closure installation. · The installation o£the closure on SE 4t~ Street did result in a reduction of traffic volumes on that street, as well as on SE 7t~ Avenue to the north of SE 4~ Street. Volumes on SE 7th Avenue to the south of 4th Street have probably increased following the closure. This is a concern due to the substandard design condition on this segment (two-way travel with only a single lane provided and no fight-of-way clarification). · Travel speeds on SE 7~" Avenue are currently consistem with a local road, with 85~" percentile speeds ranging f~om 23 to 30 miles per hour and average speeds of between 15 and 24 miles per hour. Prior to the installation of the closure on SE 4th Street, travel speeds on the segment between SE 4th and SE 2"a Streets were determined to be excessively high, with an 85th percentile speed ot'43 miles per hour. It is assumed that the subject street closure played a role in the reduction by diverting non-neighborhood oriented traffic to other routes. Mcg~ahon Associates, ]nc. Page 20 of Delr~. Beach - Traffic Pattern Anal. vsis for Marina District · Three of the four alternative measures identified, a mini-roundabout or £our-way stop sign installation at the intersection of SE 7th Avenue and SE 3Td Street, and the implementation of lane narrowing, or chokers within the 200 block of SE 7th Avenue, should have a calming effect on travel speeds on the segment of concern of SE 7th Avenue. These alternatives may also result in a reduction in cut-through traffic by making SE 7th Avenue a less convenient route, as would the fourth alternative, the installation of entrance features on SE 3e and SE 4th Streets, east of SE 6th Avenue. · While the temporary closure of SE 4th Street has resulted in lower traffic volumes and travel speeds on SE 7e Avenue within the study area, it is believed to have negative impacts as well. These include: increased traffic volumes on SE 7t~ Avenue south of SE 4t~ Street, winch is a substandard facility, a reduction in accessibility and increase in response time for emergency vehicles, lack of a fire hydrant on the east side of the closure location on SE 4th Street, and vehicles parked on the east side of the closure associated with drivers visiting the convenience market on the west side of the closure. review of our findings and conclusions has resulted in the following recommendations: · Remove the temporary street closure barricade on SE 4th Street. · In order to calm traffic on SE 7* Avenue to the north of SE 4th Street, implement the lane narrowing alternative described in the Alternatives Analysis section text, and on Figure 2. · Coordinate with the Dekay Beach Police Department to obtain selective enforcement of the speed limit on SE 7t~ Avenue. · Continue to monitor traffic conditions in the study area. Obtain additional traffic counts prior to implementing the .lane narrowing, and obtain counts subsequent to its implementation to determine the results of this action. F:WI97294_0',DOC U MENT'~89729406.DOC Page 21 Mc-Mahon Associates, Jnc. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM'"c~.--~ .' _ REGULAR MEETING OF OCTOBER 17. 2000 LEWIS COVE SWALES OCTOBER 13, 2000 Attached is a copy of Mayor Schmidt's letter to Mr. Sitfler concerning the scheduling of the Lewis Cove swale issue on the October 17th regular meeting agenda. At the time the agenda was complete on Friday, the City Engineer was still compiling reformation as to how this situation might best be addressed. This additional material will be forwarded to you on Monday, October 16e~. Ref:Agmemol4.Lewis Cove Swales I:lTY OF DE LRriY BErl[H DI~LRAY BEACH AII-AmerJ~ Ci~ 1993 Mr. Conrad Sittler 1011 Lewis Cove Road Delray Beach, Florida 33483 100 N.W. 1st AVENUE . DELRAY BEACH~ FLORIDA 33444 · 561/243-7000 Dear Mr. Sittler: The City Manager and I have discussed your request to be placed on the Septeraber 19 City Commission agenda. We both agree that it is premature to have a presentation by your group with a response expected from the City Commission that evening. As Randal Krejcarek advised you in his letter of August 30, 2000, the City had Nutting Engineering conduct a soil investigation. Randall also advised you of the recommendation to correct the problem. At this time, we do not have a cost estimate or anticipated time frame for completion of the remedial work. These factors result in my belief that it is premature to ask the City Commission to respond at this time. The City Commission is aware of your problem. Therefore, I do not believe that one and one-half hours would be necessary for a presentation. I have suggested to the City Manager that we schedule Lewis Cove Road for consideration on the October 17 agenda. We will be considering the Pathways matter at the October 3 meeting, and I anticipate several hours of testimony on that item and a very long meeting. By deferring your request to October 17, we will be able to give it due consideration. It will also allow our engineer to complete gathering the information he needs. At the October 17 meeting, I would like one person to speak on behalf of the residents. I also will limit that presentation to 15 minutes, which I believe will be adequate given the approximately one-half hour of testimony we have already heard from the residents. Sincerely yours, \ David W. Schmidt Mayor cc: City Manager City Commission THE EFFORT ALWAYS MATTERS Fax: +1(561)276-1442 To: David T, Harden F=: +1(561)24~-719~ D SITTLER E. CONRAD SIT[LER JR. 1011 Lewis Cove Road Delray Beach, Florida 33483 561/276 8728 - fax-561/276-1442 mobile 561/901-5874 September 19, 2000 Page 2 of 2 Tues~y, September 19, 2000 9:56 AM Via Fax 265-0286 The Honorable David W. Schmidt Mayor, City of Delray Beach 100 NE Fifth Avenue Delray Beach, Florida 33444 Subject: Response to Your Letter Regarding Agenda Dear Mayor Schmidt: Thank you for your kind letter in response fo the request of the Lewis Cove Homeowners to be praced on the Agenda for the September lffh Cib/Commission Meeting. We are grateful and heartened that you appreciate our desire to be fully heard and to resolve the matter of the swales. Since we are aware that Randal Krejcarek is in the process of completing estimates of cost and time for the proposed remedial work on the Lewis Cove swales, we agree that discussions at the September 19~' meeting would be premature. In light of the foregoing we have one important request: During a telephone conversation on September 1~', regarding his August 30~ letter, Randall and I agreed that the proposed remedial work on the LC swales would not begin until he and I had an opportunity to review the swales to be reworked, the costs thereof, and the time frame. Will you please assure us that no remedial work of any kind will commence prior to the October 17~ meeting? Please let us know your thinking at your earliest convenience. We will appreciate receiving your response in writing. Thanks again. Yours very truly, E. Conrad Sittler Jr. co: City Manager City Commission Homeowners of Lewis Cove \citystreets21 Page 1 of 1 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer ~-~//v,~' 16 Oct 2000 Swale Reconstruction Project - Backup Information Lewis Cove Commission Agenda Item Project # 2000-050 The purpose of this memo is to provide backup information to the agenda item regarding swales on Lewis Cove. This backup information will be presented in aComment and _Response format. The list below contains questions and comments that have already been raised by Lewis Cove property owners. C~ There is no difference between swales and ditches. Swales are depressed area adJacent to the street, which are typically 6" to 12" deep. Ditches are also depressed areas adjacent to the street but are typically 36" or greater in depth· There have not been any "ditches" constructed as part of the current swale reconstruction proJect. C~ Why dig swales (ditches)? We don't have a flooding problem. As a requirement under the current National Pollutant Elimination Discharge System (NPDES), each co-permittee (which includes Delray Beach) is required to implement best management practices (BMPs) that reduce nonpoint source pollution Swales are an economical, and effective BMP that meets this requirement of the NPDES permit. C~ There is no data that proves my street is polluting the Intracoastal Waterway. Delray Beach has over 80 locations (outfalls) where stormwater is dumped into US waterways. It is not economical to test every outfall in Delray or the County. Therefore, under the current NPDES permit, Palm Beach Cpunty has identified 27 locations, which represents a cross section of the county, which includes the various land use types found in the County. These 27 locations portray an overall picture of water quality within the County. C~ My street does not pollute the Intracoastal Waterway. Everyone in commission chambers tonight contributes to what is termed 'honpoint source pollution". Studies in Florida have determined that the first 1" of runoff from a storm generally carries 90% of the nonpoint source pollution. This first 1" of runoff carries pollutants such as excess fertilizers, herbicides, insecticides, oil grease, construction site sediment, leaves, and even grass clippings. Urbanization has been linked to the degradation of urban waterways. $:~EngAdmin~Projects~2OOO~.OOO-O50~OFFICIAL~agendamemo 17oct2000. doc Cz Water sits in my swale for such a long time after the storm that it will become a breading ground and I will call the health department. Water siting in a swale for up to 36 hours is not uncommon. If water remains in the swale longer than this, investigations are conducted to try and determine what is causing the perched water table. The City has constructed over 30,000 lineal feet of swales over the past three years plus the nearly 10 miles or, swales this year and, other than Lewis Cove and Del Harbor Drive, has only had to go back in a couple of instance. With this Iow of rate of water standing in swales, it is not cost justifiable to do soil investigations on every swale prior to reconstruction the swale. C; The City did not provide proper notification. The City hand delivers notifications prior to and project commencing. There was a problem with proper notification on this project. The contractor handed out some notifications on some streets the day he started the swale work. On Lewis Cove, the contractor put some notices in front doors and some in mailboxes. As a result, calls were received about no notification. This problem was acknowledged and measures were taken to improve notification as the project progressed. C: C~ The City is wasting money on Lewis COve swales. Sales are the most cost effective BMP fOrr~the so!l types in Delray Beach. The contractor did not construct sWaik~ accel;ding to specifications. The City has an inspector that reviews the contractors work, contractor is partially paid for work completed, but final payment is not issued until the City is satisfied with the final product. Any sod laid in reconstructed swales that does not grown will be replaced before final payment is made. ~ .... ~ C; R: The existing monitoring sites do not accurately report on just Delray Beach. (or) The monitoring site at the C-15 canal also reports pollution from Highland Beach and Boca Raton. The 27 monitoring sites were chosen because the county already had a monitoring site in this location and because these sites represent a good cross-section of what exists in Palm Beach County. Remember the NPDES is a countywide permit, not a Delray Beach permit. So monitoring should not be street or city specific. By utilizing existing monitoring sites, the cost of setting up new sites and hiring someone to monitor these sites was saved. C: Why don't you fill in those swales that do not hold water. Swales are not reconstructed because of flooding, but instead they help to reduce nonpoint source pollution. The City reconstructs swales along the entire street, if possible. Attached are copies of information requested by conrad Sittler. cc: Richard Hasko, P.E., Environmental ServiCes Department Director file $:lEngAdminIProjects~OOOt2OOO-O50~OFFIClAL ~agendamemo 170ct2000. doc Lewis Cove Cost Estimates Option 1: Install 900'+/- of the sock 1,000.00 LF $10.00 /LF Option 2: Install 400' +/- of exflltration trench 400.00 LF $50.00 /LF Option 3: Installvotex boxes 2.00 EA $15,000.00 lEA Option 4: Nutting Recommendation 9.00 EA $500.00 lEA ???????? SY ??????????/SY $10,000.00 $20,000.00 $30,000.00 $4,500.00 ?????????? * * Note: Cost to reconstruct swales according to Nutting report is unknow at this time. :rom: CONRAD SITTLER Fax: +1(561)276-1442 To: Randal Krejcarek Fax: +i(661)243-7314 Page 2 of 3 Friday. September 01, 2000 3:49 PM MR. & MRS, E. CONRAD SITFLER JR. 1011 Lewis Cove Road Delray Beach, Florida 33483 561/276-6728 - fax -561/276-1442 mobile-561/901-5874 September 1, 2000 Via Fax to 243-7314 Mr. Randal L. Krejcarek, City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Subject: Telephone Conversation Follow-up Dear Mr. Krejcarek: The purpose of this letter is to follow-up on our telephone conversation of this afternoon, September1,2000, We agreed that: t/ The full report by Nutting Engineers will be faxed to us, including the purchase order, or whatever method the City uses, and a copy of the invoice for services from Nutting Engineers, re. our August 14~h fax to you. Ms. Angela Rowe will fax us the complete financial details originally requested in our August 14th fax. The requisite assumptions are: 1 .) That all Lewis Cove taxes are paid in November of each tax year to assure maximum discounts, and 2.) That there are no tax delinquencies and, therefore, no tax penalties which would increase the amounts collected, and 3.) That the amounts per unit will be shown for every tax year that the assessment has been levied and collected. in order to fulfill a long-standing request from us, that the Engineering Department will send us a fax stating the exact amount of money that has been spent on the "Lewis Cove Swale Project" which will include an explanation of how the amount was calculated. 4. In reference to your August 30th letter to us: That your letter does not address the fact that what the residents of Lewis Cove desire is that the swales be closed and the street restored to its original condition. That we will discuss in detail and come to an agreement as to what constitutes, ",,.swales that retain water for an extended period of time," since this definition will determine what swales on Lewis Cove are given the reconstruction treatment described in paragraph 1 of your letter. Page 1 of 2 :rom: CONRAD $1TTLER Fax: +1(561)276-1442 To: Rand~ Krqcerek Fex: +1(561)243-7314 Page 3 of 3 Friday, September 01, 2000 3:49 PM September 1, 2000 Mr. Randal L. Krejcarek, City Engineer Subject: Telephone Conversation Follow-up, continued Via Fax to 243-7314 That before any work is performed by any City Contractor or City employee on Lewis Cove, in respect to the swales, that we will have the opportunity to learn and review with you the exact costs associated with "...steps will be implemented." d. That the City does not intend to dig any more swales on Lewis Cove. That if and when the City's Contractor returns to do additional work on Lewis Cove that the Contractor will replace dead sod in a manner consistent with the speci- fications called for in the original contract, to include the damage done to 1011 Lewis Cove front yard. If you have any questions or comments or corrections regarding this recitation of our conversation, please call me at 901-5874. Thank you. Conrad Sittler \citystreets 11 Page 2 of 2 ADDRESS NAME .ERU's SEAGATE EXTENSION, 12-43-46-21-08-005-XXXX 2oo0 $$ .TOTAL COLLECTED 1001 Lewis Cove, 1005 Lewis Cove, 1011 Lewis Cove, 1017 Lewis Cove, 1021 Lewis Cove, 1027 Lewis Cove, 1033 Lewis Cove, 1035 Lewis Cove, 1041 Lewis Cove, George & Lois Dully Gerald & Maly P~o[ila Conrad & Kathy Sittler Gordon & Margo Wright Kenneth Adams ,James & Rosalie Blood Theresa George Toland Richard & Patricia Alshut ,John & Maura Hopl~ns DELRAY BEACH SHORES,12-43-46-21-15-000-XXXX 1002 Lewis Cove. 1006 Lewis Cove. 1010 Lewis Cove, 1014 Lewis Cove, 1018 Lewis Cove, 1024 Lewis Cove. 1030 Lewis ~ove, 1034 Lewis¢.~ve~ 1040 Lewis Cove, Patrick & Janice Zecco Mildred Del Forno Kevin & Lorraine McGarr Peter & Doreen Bramhall Wm. & Kathleen Thielmann Brian & Joan Marko Michele Merritt David & Rhonda Stewart S.M& Mildred Kennard ~4 54., )0 $_ $~ (_ $_ $ $. $ $ $ $ TOTAL TO BE COLLECTED TAX YEAR 2000, Lewis Cove TOTAL COLLECTED DURING ENTIRE ASSESSMENT PERIOD. Lewis Cove TOTAL COLLECTED DURING ENTIRE ASSESSMENT PERIOD, All Cit $ I~.¢ ME MORANQ U M TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~L~--~OA - MEETING OF SEPTEMBER RESOLUTION NQ. 71-94/STORMWATER MANAGEMENT DATE: SEPTEMBER 6, 1994 1994 This is a resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1994/95 stormwater management assessments, and certifying and adopting the Stormwater Management Assessment Roll. Prior to consideration, a public hearing is required. The assessment is propos%d at the rate of $4.50 per month per Equivalent Residential Uni~ (ERU), for a total annual assessment of $54.00 per ERU. This represents a $2.25 per month per ERU increase over last year. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the Stormwater Utility Fund is incorporated in Resolution No. 71-94 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B" The assessment roll will be available for review in the Commission Chambers at the September 13th meeting. Recommend approval of Resolution No. 71-94. ref:agmemo5 ~ ~ ,' iii :i ,~ ~ 'i , -- ~ ~ , ~1 ml~!m ~ ~ r " ~ I I r I ~ I I I I I I ~ ! I~il II IIl,~ ~ '~ i, ~illI' I~ i ~'lil~' From: CONRAD SITTLER Fax: +1(581)276-1442 To: Randal Krejcarek Fax: +1(561)243-7314 Page 2 of 2 Wednesday, September 13, 2000 t 1:32 MR. & MRS. E. CONRAD SITTLER JR. 1011 Lewis Cove Road Delray Beach, Florida 33483 561/276-6728 fax -561/276-1442 mobile 561/901-5874 September 13, 2000 Via Fax to 243-7314 Mr. Randal L. Krejcarek, City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Subject: Request For Information & Follow Up To Our Fax of September1s~ Dear Mr. Krejcarek: Thank you for your rapid response in providing the Lewis Cove Storm Water Assessment amounts that we requested. Will you please provide, by return Fax (as above), the information listed below: A list of the streets that make up the 30,000 lineal feet of previously constructed swale that is stated in your letter of August 30, 2000, and also stated by Mr. Harden at a City Commission meeting. A list of the streets, showing lineal feet of new swale for each street, that have been constructed under your contract no. 2000-050 Please answer this question: If a street is 1000 feet long and swales are constructed on both sides of the street, does this mean that 1000 lineal feet of swale have been constructed (and counted) or have 2000 lineal feet of swale been constructed (and counted)? Please try to complete requests nos. 1. and 3. from our September 1'*~ Fax to you. We need this information no later than Monday, September 18Ih. Additionally, will you please let me know when we can meet in order to complete requests nos. 4.b., 4.c., and 4.e. If you have any questions regarding these items, please call me at 901-5874 or 276-8728 Thank you. I look forward to hearing from you. Conrad Sittler \tit ystreets 13 Swales by Linear Footage t998 and 1999 Project# 98-002 98-003 98-004 98-009 98-035 98-041 98-047 98-051 98-052 98-053 98-055 98-056 98-057 98-058 98-059 98-077 98-083 99-004 99-006 99-008 99-009 99-010 99-011 99-013 99-015 99-049 99-056 99-061 Discription Geo Bush Blvd Pointsettia Golf Ct, Birdie Ct Side Walk Construc., SW 6 Ave & 4 St Shadywoods Bucida Dr Spady Area H20 Imprv., Highland Ln H20 Im ~rv., Heather Ln H20 Im 3rv., NE 7 Ave H20 Im 3rv., NW 1 Ave H20 Im 3rv., NW 12 St, 4 Ave H20 Im 3rv., NW24 Ave H20 Im ~rv., NW 1 Ave H20 Im ~rv., Lake Ct, N Swinton Sunset Pines Dr H20 Imprv Southridge Rd Reconstruc. H20 Imprv., NW3 Ave H20 Imprv., SE 4 Ave H20 Imprv., NW 11 Ave NW 4 Ave Drainage SE 4 Ave H20 NW 11 Ave H20 NW 6 Ave H20 NW 4 St H20 NW 4 Ave Perriwinkle SW 4 Ave Retention Linear Ft 2O 25O 100 3,500 2,500 450 2,500 500 200 2,500 300 200 0 400 100 150 5,000 3,500 4,000 900 3,000 50 0 300 200 2,000 75 200 32,895 Recipient Name: Company: FAX Number: Date Sent: Sender Name: Total Number of Pages: City Of Delray Beach Department of Environmental Services Engineering Division 434 South Swinton Avenue 561-243-7322 Delray Beach, FL 33444 561-243-7314 (FAX) www. delrayesd, corn Randal L. Krejcarek, P.E., CiO~ Engineer FAX COVER SHEET Conrad Sittler 276-1442 14 Sept 2000 , Randal L. Krejcar?k, P.E. 2 ~ ' Including this cover page Comments: Per your request. Swales are paid on a square yard basis. Both sides of the street are added together to arrive at the total square yards for that street. www.delrayesd.com If you do not receive all of the pages, please call as soon as possible and ask for individual noted above. THE EFFORT ALWAYS MA TTERS S:~EngAdminV=orms~faxcover2OOO. doc ;rom: CONRAD SITTLER Fax: +1(561)276-1442 To: Randal Krejcarek Fax: +1(561)243-7314 Page 2 =f 3 Friday, September 22, 2000 10:16 AM MR. & MRS. E. CONRAD SITTLER JR. 1011 Lewis Cove Road Delray Beach, Florida 33483 561/276-8728 - fax -561/276-1442 mobile-561/901-5874 September 22, 2000 Via Fax to 243-7314 Mr. Randal L. Krejcarek, City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Subject: Swale Measurement Follow Up to our September1st Fax to You Dear Mr. Krejcarek: The purpose of this letter is to follow-up on our September 1st Fax to you regarding our telephone conversation of September1,2000. Specifically this letter refers to Items 4.b. through 4.e.. Attached are the measurements which we have taken of the swales. All were taken using a steel, lOOft tape down the center line of each swale. They are reported as: Swales dug in linear feet. Swales needing sod in linear feet. Swales with standing water in linear feet. Please let me know when we can get together and discuss the mitigation efforts which you are planning. Thank you. Conrad Sittler Cc; Homeowners of Lewis Cove \citystr~ets27 Page 1 of 1 From: CONRAD $1TTLER Fax: +1(561)276-1442 To: Randar Krejcarek Fax: +1(561)243-7314 Page 3 of 3 Friday, September 22, 2000 10:16 AM LEWIS COVE ROAD SWALE MEASUREMENTS as of September 22, 2000 Address 1001 Lewis Cove, 1002 Lewis Cove, 1005 Lewis Cove, 1006 Lewis Cove, 1010 Lewis Cove, 1011 Lewis Cove, 1014 Lewis Cove, 1017 Lewis Cove, 1018 Lewis Cove, 1021 Lewis Cove, 1024 Lewis Cove, 1027 Lewis Cove, 1030 Lewis Cove, 1033 Lewis Cove, 1034 Lewis Cove, 1035 Lewis Cove, 1040 Lewis Cove, 1041 Lewis Cove, t 060 South Ocean 1100 South Ocean Homeowner George & Lois Duffy Patrick & Janice Zecco Gerald & MaW Profita Mildred Del Forno Kevin & Lorraine McGarr Conrad & Kathy Sittler Peter & Doreen Bramhall Gordon & Margo Wright William & Kathleen Thielmann Kenneth Adams Brian & Joan Marko James & Rosalie Blood Michele Merritt Theresa George Toland David & Rhonda Stewart Richard & Patricia AIshut S.M.& Mildred Kennard John & Maura Hopkins Multifamily Condominium Swae duq Needs Sod Stand n,q H~_O_O in lin feet in lin feet in lin feet none none none none none none none none none none none none 36.00 36,00 21.00 07.00 45.00 00,00 51.90 51.90 00.00 57.75 03,00 03.00 54.50 54.50 11.00 54.50 54.50 54.50 49.75 49.75 33.75 53.60 20.00 20.00 56,92 56.92 39.25 32.50 32.50 32.50 48.50 t 23.25 23.25 61.00 12,00 12.00 59.00 59.00 59.00 58.00 55.00 55.00 67.00 08.00 08.00 160.00 40.00 02.00 Total Swale Dug in lin feet Total Sod Needed in lin feet Total Standing H20 in lin feet 907.92ft 601.32~ 374.25~ Page 1 of 1 MR. & MRS. E. CONRAD SITrLER JR. 1011 Lewis Cove Road Delray Beach, Florida 33483 561/276-8728 - fax -561/276-1442 rnobile-561/901-5874 September 29, 2000 Via Fax to 243-7314 Mr. Randal L. Krejcarek, City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Subject: Follow-up on Open Items for Information and Discussion Dear Mr. Krejcarek: The purpose of this letter is to follow-up on our September 1~ and September 22nd Faxes to you. Please let me know when we cae expect fulfillment and discussion. Re: Subject: Telephone Conversation Follow-up, September1st. The full report by Nutting Engineers will be faxed to us, includinq the purchase order, or whatever method the City uses, and a copy of the invoice for services from Nuttinq Englineers, re. our Auqust 14th fax to you. 2. In reference to your August 30th letter to us: That your letter does not address the fact that what the residents of Lewis Cove desire is that the swales be closed and the street restored to its original condition. That we will discuss in detail and come to an aqreement as to what constitutes, "...swales that retain water for an extended period of time," since this definition will determine what swales on Lewis Cove are qiven the reconstruction treatment described in paraqraph 1 of your letter. That before any work is performed by any City Contractor or City employee on Lewis Cove, in respect to the swales, that we will have the opportunity to learn and review with you the exact costs associated with "...steps will be implemented." d. That the City does not intend to diq any more swales on Lewis Cove. That if and when the City's Contractor returns to do additional work on Lewis Cove that the Contractor will replace dead sod in a manner consistent with the speci- Page 1 of 2 rom; E Conrad Silt[er Jr. Fax: +1(561)276-1442 To: Rangal Krejcarek Fax: +1{561)24~-7314 Page 3 of 3 Thursday, September 28, 2000 8:07 PM September 29, 2000 Via Fax to 243-7314 Mr. Randal L. Krejcarek, City Engineer Subject: Follow-up Open Items for Information and Discussion, continued Re: Subject: Telephone Conversation Follow-up, September1s~, continued fications called for in the oriqinal contract, to include the damage done to 1011 Lewis Cove front yard. If you have any questions or comments or corrections reqardinq this recitation of our conversation, please call me at 901-5874. Re: Subject: Swale Measurement Follow-up to Our Sept.1,t Fax to you. September 22nd Attached are the measurements which we have taken of the swales. All were taken using a steel, lOOft tape down the center line of each swale. They are reported as: a. Swales dug in linear feet. b. Swales needing sod in li.~ear feet. c. Swales with standing wgtter in linear feet. Please let give me a call at your earliest convenience. Thank you. Conrad Sittler Cc; Homeowners of Lewis Cove \cdystmets29 Page 2 of 2 ( NUTTING ENGINEERS OF FLORIDA INC, ESTABLISHED 1967 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing www. nu ,ttlngenglneers.com ~uly26,2000 Mr, Randall L. Krejcarek, P.E. Cit7 City of Dalray Beach 434 South Sw/nton Avenue DeL, ay Beach, Florida 33444 Phone: (561) 243-7322 Fax:(561)243~7314 RE: Propasal/Agreement for Geotechnical Exploration Services Del Harbor and Lewis Cove Druqnagc Evaluation Delray Beach, Flor/da / Dear Mr..Krejcarek: Nutting Engineers of Florida, Inc. is pleased to prese~n_t, this proposal/agreement for performing geotechnical engineering services for the~-I-~ol Harbor and Lewis Cove drainage project inDelrayBeac, h, Flor/da..~ We understand that drainage issues have been presented by the homeowners along the two streets and au evaluation of thc subsurface soils is needed to identify conditions which may be contributing to the drainage sit~ation~ Based on our site visit, and understanding of~hc project, we propos~ thc followi~g scope of work and fcc schedule. Scope of Work 1 ....~>We wiU perform four Standard Pen~tmtio_.n__TT ..~._Bp_H~,_&S__TiFI~_~D-1586~ - ' ' _the swale area of th~w---~rings will be performed on De/'~ and two borings will-~'*~t'~rmcd on Lewis Cove, Tho borings wi]] be performed to a depth often feet. No test boring will bc terminated until sufficicm ~otechnical information has been developed for the analysis. 2, The test borings will be laid out and utilities cleared by an engineering technician. The project geoteclmical ev~neer will supervise the test boring program. Upon completion of thc field exploration, the dam will be analyzed and a report prepared_ The report will discuss the subsurface conditions encountered and present options ~nd recommendations for remedial work. 1 1310 NEPTUNE DRIVE, BOYNTON BEACH, FLOR[DA 33426 Palm Beach (561) 73S-49oo - Broward (954) 941-8700 - Miam[-Dade (305) 858-0§8~ · Fax (561) 737-0975 · Fax (S54) 938-8900 Fee Schedule The above indicated scope of work will b__~e~_erformed for a cost of $1,070.00~ased on, the following quantities and unit r~tes: Mobilization off drill crew and equipment and set-up Test Borings Eng. Tech. (Utility Clea.rancc) StaffEng~nee~ Lump Sum $100.00 40' @ SS,00fft $320.00 4hr ~ $40.00/hr $160.00 7hr(~ $70.00/hr $490.00 We can begin the utility clearance as soon as we receive authorizstiom Utility clearance will take three days. The field work will take one day to complete, md the final report will be available within approximately throe days a~ter completion of the field work. We appreciate this opportunity to provide continued service for the City of Delray Beach. Should you lmve any quest/om please contact us at your conven/ence. Respectfully Submitted NtFITING EI~GI~ERS OF FLORIDA, INC, Richard Wohlfarth, P.E. Director of Engineering James $. Flaig, P.E. Vice President NUTTING IENGINEERS ( NUTTING Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing www. nuttingengineers.com August 29, 2000 Mr. Randall L. Krejcamk, P.E. City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Phone: (561) 243-7322 Fax: (561) 243-7314 Subject: Report of Geotechnical Exploration Del ltarbor and Lewis Cove Drainage Evaluation Detray Beach, Florida Dear Mr. Krejcarek: Nutting Engineers of Florida, Inc. has completed the geotechnical exploration for the Del Harbor and Lewis Cove drainage project in Delray Beach, Florida. The purpose of this exploration was to obtain information concerning the subsurface conditions in order to provide recommendations for remedial work. This report presents our findings and recommendations. PROJECT INFORMATION Recently, drainage swales were constructed at various locations throughout Delray Beach. The swales on Del Harbor Drive and Lewis Cove drain poorly, and standing water remains in the swales for several days after a storm. We understand that prior to constructing the swales, standing water within the roadway right-of-way was not a problem. GENERAL SUBSURFACE SOIL CONDITIONS In order to provide information concerning the subsurface conditions and provide hydraulic conductivity (permeability) of the soils, four Standard Penetration Test (SPT) borings were performed to a depth often feet, and three exfiltration tests were performed to a depth of six feet. Two borings were performed on Lewis Cove, and two borings were performed on Del Harbor Drive. The exfiltration (permeability) tests were performed on Lewis Cove. 1 1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA 33426 Palm Beach (561) 736-4900 · Broward (954) 941-8700 · Miami-Dude (305) 858-0981 ,, Fax (561) 737-9975 · Fax (954) 938-8900 The results of the borings revealed the soil conditions consist of a limerock base, underlain by brown fine sand to a depths of four to seven feet. Below the sands, brown fibrous peat was encountered to ten feet, the maximum depth explored. Exfiltration Test Results The exfiltration tests were performed in accordance with the South Florida Water Management District specifications for 'Usual Open Hole' conditions. The results of the exfiltration tests revealed the soils at the locations tested have a hydraulic conductivity (K-value) of 4.4 X 10.5 to 6.3 X 10.5 cfs/fi2/ft of head. These values are considered 'low' and indicate poor drainage through the soils. Detailed flow rates and soil descriptions are presented in the appendix. CONCLUSIONS AND RECOMMENDATIONS Based on the borings and exfiltration tests performed for this project, it appears that two factors are causing the standing water within the swale areas; the hard limestone base layer within the upper two feet ~vhich is part of the pavement section; and the organic peat layer which was generally encountered at a depth of approximately four feet. These soils will prevent water transmission, and during heavy rain, will create a pemhed water table condition. In order to remediate the standing water within the swale areas, we present three options which we feel should be considered. Based on our knowledge of the project, and the fact that standing water was not a problem prior to consmacting the swales, we recommend that Option No. 1 be implemented to help remediate the standing water within the swale areas. Option No. 1 One option would be to reduce the slope of both sides of the swale, and raise the base of the swale so that it is no more that six inches below the surface of the roadway. We also recommend that the center of the swale be overexcavated to two feet below the existing surface, and replace the excavated soils with clean, free draining sand or pearock. Option No. 2 The second option would involve augering or excavating to a depth of approximately twelve feet at various locations within the swale area to allow drainage through the organic layer, and replace the excavated soils with free draining sands or pearock. ( NUTTING ENGINEE, S Option No. 3 The third option would include installing a french drain piping system with catch basins to direct the storm water beneath the surface. This option would involve a water shed calculations, and significant cost. We appreciate this opportunity to provide continued service for the City of Delray Beach. Should you have any questions please contact us at your convenience. Respectfully Submitted NUTTING ENGINEERS OF FLORIDA, INC. Richard Wohlfarth, P.E. #50858 Director of Engineering Prop ~g' d~lray lewis cov~ mw ( NUTTING ENGINEERS E STA $ Li$~ E DO1Fg~F7L O R I DA, lNG. NUTTING ENGINEERS Depth Feet Description of Materials Client:' Projec~ Name: Project Location: Hole Location: Driller: Elevation Heference: Casing:Diameter: Sampler:Diameter: Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing TEST BORING REPORT · Penetration - N Value Blows 0 10 20 30 40 50 60 70 80 90 N Sampler Casing (~, 16 zs/ll 5/7 28 14114 14/113 ~ 9 716 312 3 2/2 1/2 2 2/1 112 '1 City of Delray Beach uel Harbor urlve & Lewis ~ove Del Harbor ur~ve & Lewis Cove uelray I:leacl% I'L Approx. 3~' ~- OT sewer arain N. SlQe or Uel Harbor Drive (.;. ~zanley Approx. (,~ roaa crown Z" OU x Z' ~pllt ~poon Order#: 1157.93 Hole #: I Groundwater depth:lmmea~ate: ;~' SAMPLES WILL SE DISCARDED IN 60 DAYS UNLESS INSTRUCTED O~ERWiSE. Date Started: 8~3~00 Date Completeo: 813IUU Hammer WT: hall: HammerWT: 14u# Fall: by: P~.~.'. Wo~a~l, 1310 Neptune Drive, Boynton Beach, Florida 33426 Boynton Beach (561) 736.4900 · pompano Beach (954) 941-8700 · FAX (561) 7'37-8975 NUTTI'NG ENGINEERS Depth Feet Description of Materials ~2 ~,sph~n I an saney LIMC~ I U~l: ~nii) UK. gray quarlz fine ~m~, ~race of root ,drown fi~rous PEAT TEST BORING REPORT Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing · Penetration - N Value Blows 0 10 20 30 40 50 60 70 80 90 N Sampler Casing 34 11/9 33 9116 17/11 6/9 11 6/3 4 3/2 2/2 3 1/2 111 Order #: 1157.93 Hole #: z City of Delray Beach uel HarBor unve & LeWis L;OVe Uel HarBor Drive & Lewis cove uelray ueacn, I'L Approx. Z6' ~- et sewer dram N. side ol uel Harl~or urive Client: Project Name: Project Location: Hole Location: Ddller: Elevation Reference: Casing:Diameter: Sampler:Diameter: Groundwater depth:Immediate: 3' SAMPLES WILL BE DISCARDED IN 60 DAYS UNLESS IN$~UCTED OTHERWISE. L;, :~Tanley Approx. (~ road crown z" uu x z' ~p/i~ ,~poon Date Started: 813/00 Date Completed: Ul3/UU Hammer WT: Pall: HammerW-r; 14u# Fall: 1310 Neptune Ddve, Boynton Beach, Florida 33426 Boynton Beach (661) 736-4900 · Pompano Beach (964) 941-8700 · FAX (661) 737-897'; NUTTING ENGINEERS Depth Feet Description of Materials TEST BORING REPORT Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing · Penetration - N Value Blows 0 10 20 30 40 50 60 70 80 90 N Sampler Casing 27116 ~ 12 8/7 ~ $/$ d 6 4/3 3/2 1/2 Order#: 1157.93 Hole #: 4 Client: City of Delray Beach Project Name: I~el Harl)or unve & Lewis Gove Project Location: tel Harbor unve & Lewis cove uelray Beach, ~'L Hole Location: Approx. lUZ/ Lewis cove {NOrm sloe o! 3treet) Ddller: c. ~tanley Elevation h~ererence: Approx. r~ road crown Casing:Diameter: NIA Sampler:Diameter: z" uu x Z' ~plr~ ~poon Groundwater depth:lmmemate: ;Y Date Started: 8/3100 Date Completed: u/;sluu Hammer WT: Pall: Hammer VVT: ~ Fall: 30- by: ~.L;./~o n~n, p,.jS. 1310 Neptune Drive, Boynton Beach, Florida 33426 Boynton Beach (561) 736-4900 · Pompano Beach (964) 941-8700 · FAX (581) 737-9975 NUTTING ENGINEERS Depth Feet Description of Materiats Client: Project Name: Project Location: Hole Location: Driller: Elevation ~eterence: Casing:Diameter: Sampler:Diameter: Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing TEST BORING REPORT City of Delray Beach Uel Harbor unve & Lewis cove Uel Harbor unve & Lewis cove uelray ueactt, PL Approx. 1U1U Lewis cove {~oum sine ot ~tree~) 3. ~m~n Approx. ~ roaa crown z- uu x z' ~plll ,~poon Groundwater depth:lmmea~ate: 4.1' · Penetration - N Value Blows 0 10 20 30 40 50 60 70 80 90 N Sampler Casing r 13 lar~ ~? 7/8 ~ ~, 2/1 2 111 111 ~ 12 2/5 7111 Order#: 1157.93 Hole #: 5 Date Started: 8~8~00 Date Completeo: UlUlUU Hammer WT: I-all: Hammer WT: ~ Fall: by: ~.~.w~onlt~n,H.~.~.,~u~5~ 1310 Neptune Drive, Boynton Beach, Florida 33426 Boynton Beach (561) 738-4900 · pompano Beach (954) 941-8700 · FAX (561) 737-9975 ( NUTTING ENGINEERS OF FLORIDA INC. ESTASLISHED 1~7 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering - Inspection · Testing www, nuttingengineers.com CLJENT: PROJECT: LOCATION: TEST: City of Delmy Beach Del Had~or & Lewis Cove Del Harbor & Lewis Cove Delray Beach, FL Usual Type Open Hole Exfiltration Test SURFACE ELEVATION: Approx. @ road crown CASING DIAMETER: 6" TUBE DEPTH: 6' ORDER NO: 1157.93 REPORT NO: 1 DATE: 8/03/00 Water table from g~ound surface 3.1' ONE MINtYrE INCREMENT PUMPING RATE IN GAL/MIN LOCATION: Approx. 1035 Lewis Cove MATERIAL DESCRIPTION: 0-1" Asphalt 1"-6" Base Fill 6"-3'6" Lt. brown quartz fine SAND, trace of rock t~agments 3'6"-6' Dk. brown quartz fine SAND I .4 2 .4 3 ,4 4 .4 5 .4 6 .4 7 .4 8 .4 9 .4 10 .4 K = 5.0 X 10 -5 cfs/ff2 ft. head CTYDEL93.mc Richard C. ~p'ohlfarth, P.E. #50858 1310 NEPTUNE DRIVE" BOYNTON BEACH, FLORIDA 33426 Palm Beach (561) 736-4900 · Broward (954) 941-8700 · Miami-Dade (305) 858-0981 · Fax (561) 737-9975 · Fax (954) 938-8900 ( NUTTING ENGINEERS OF FLORIDA INC. ESTABLISHED 1967 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing www. nuttingengineers.com CLIENT: PROJECT: LOCATION: TEST: City of Delray Beach Del Harbor & Lewis Cove Del Harbor & Lewis Cove Delray Beach, FL Usual Type Open Hole Exiiltration Test SURFACE ELEVATION: Approx. ~ road crown CASING DIAMETER: 6" TUBE DEPTH: 6' ORDER NO: 1157.93 REPORT NO: 2 DATE: 8/03/00 Water table from ground surface 3.1' ONE MINUTE INCREMENT PUMPING RATE iN GAL/MIN LOCATION: Approx. 1040 Lewis Cove MATERIAL DESCRIPTION: 0-1" Asphalt 1"-10" Base Fill 10"-3'6" Gray quartz fine SAND, slight trace of rock fragments 3'6"-6' Brown silty fibrous PEAT 1 .5 2 .5 3 .5 4 .5 5 .5 6 .5 7 .5 8 .5 9 .5 10 .5 K = 6.3 X 10 -s cfs/ff2 ft. head CTYDEL93.mc Richard C. ~ohlfarth, P.E. #50858 / 1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA 33426 Palm Beach (561) 736-4900 · Broward (954) 941-8700 · Miami-Dade (305) 858-0981 · Fax (561) 737-9975 · Fax (954) 938-8900 ( NUTTING ENGINEERS OF FLORIDA INC. ESTABLISHED 1967 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing www. nuttingengineers.com CLIENT: PROJECT: LOCATION: City of Delray Beach Del Harbor & Lewis Cove Del Had0or & Lewis Cove Delray Beach, FL Usual Type Open Hole Exfiltration Test SURFACE ELEVATION: Approx. ~ road crown CASING DIAMETER: 6" TUBE DEPTH: 6' ORDER NO: 1157.93 REPORT NO: 3 DATE: 8/09/00 Water table from ground surface 2.67' ONE MINUTE INCREMENT PUMPING RATE IN GAL/M1N LOCATION: Approx. 1041 Lewis Cove MATERIAL DESCRIPTION: 0-1 1/2" Asphalt 1 1/2"-8" Base Fill 8"-1'6" Gray quartz fine SAND, trace of rock fragments 1'6"-4'6" Dk. brown quatt, z fine SAND 4'6"-6' Brown slightly silty quartz fine SAND 1 .4 2 .4 3 .4 4 .4 5 .4 6 .4 7 .4 8 .4 9 .4 10 .4 K = 4.4 X 10 '~ cfs/fl2 fr. he~d CTYDEL93.mc Richard/r~.t W~, P.E. #50858 1310 NEPTUNE DRIVE ° BOYNTON BEACH, FLORIDA 33426 Palm Beach (561) 736-4900 o Broward (954) 941-8700 · Miami-Dade (305) 858-0981 · Fax (561) 737-9975 · Fax (954) 938-8900 SOTT. crA.~SJ_t,~CATION CRJ. T~A~Ta RELATIVE DENSITY SAND SPT N-VALUE RELATIVE (blows/ft.) DENS[! Y SH [~tR STRENGTH CLAY SPT UNCONFINED CONSISTENCY N-Value COMP. STRENGTH (blows/ft.) (tons/ft.2) 0 - 4 Very Loose 5 - 10 Loose 11 - 29 Medium 30 - 49 Dense >50 Very Dense 100/6" Refusal PARTICLE SIZE <2 <0.25 Very soft 2 - 4 0.25-0.50 Soft 5 - 8 0.50-1.00 Medium 9 - 15 1.00-2.00 Stiff 16 - 30 2.00-4.00 Very Stiff >30 >4.00 Hard DESCRIPTION MODIFIERS Boulder Cobble Gravel Sand SHt Clay >12 in. 3 to 12 in. 4.76mm to 3 in. O.074mm to 4.76mm 0.00~rnn~ to O.~7~tmlxq <0.00~ 0 - 5% Slight trace 6 -. 10% Truce 11 - 20% Little 21 - 35% Some >35% And LIMITATIONS OF LIABILITY .WARRANTY ANALYSIS AND RECOMMENDATIONS We warrant that the services performed by Nutting Engineers of Florida, Inc. are conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranties, expressed or implied, are made. Wlfile the ,services of Nutting Engineers of Florida, Inc. are a valuable and integral part of the design and construction teams, we do not warrant, guarantee, or insure the quality or completeness of services provided by other members of those teams, the quality, completeness, or satisfactory performance of construction plans and specifications which we have not prepared, nor the ultimate performance of building site materials. The geotechnical report is prepared primarily to aid in the design of site work and structural foundations. Although the information in the report is expected to be sufficient for these purposes, it is not intended to determine the cost of construction or to stand alone as a construction ~ecification. Report recommendations are based primarily on data from test borings made at the locations shown on the test boring reports. Soil variations may exist between borings and may not become evident until construction. If variations are then noted, the geotechnical engineer should be contacted ~o that field conditions can be examined and recommendations revised if necessary. SUBSURFACE EXPLORATION Subsurface exploration is normally accorcplished by test borings; test pits are sometimes employed. The method of determining the boring location and the surface elevation at the boring is noted in the report. This information is represented on a drawing or on the boring log. The location and elevation of the boring should be considered accurate only to the degree inherent with the method used. The soil boring log includes sampling information, description of the materials recovered, approximate depths of boundaries between soil and rock strata and groundwater data. The log represents conditions specifically at the location and time the boring was made. The boundaries between different soil strata are indicated at specific depths; however, these depths are in fact approximate and dependent upon the frequency of sampling. The transition between soil strata is often gradual. Water level readings are made at the times and under conditions stated on the boring logs. Water levels change with time, precipitation, canal levels, local well drawdown and other factors. LABORATORY AND FIELD TESTS Tests are performed in accordance with specific ASTM Standards unless otherwise indicated. All criteria included in a given ASTM Standard are not always required and performed. Each test report indicates the measurements and determinations actually made. The ge°technical report states our understanding as to the location, dimensions and structural features proposed for the site. Any significant changes in the nature, design, or location of the site improvements must be communicated to the geotechnieal engineer so that the geotechnlcnl analysis, conclusions, and recommendations can be appropriately adjusted. CONSTRUCTION OBSERVATION Construction observation and testing is an important element of geotechnical services. The geotechnical engineer's field rep[esentative (G.E.F.R.) is the "owner's representative" observing the work of the contractor, performing tests and reporting data from such tests and observations. The geotechnical engineer's fieM representative does not direct the contractor's construction means, methods, opera- tions or personnel The G.E.F.R. does not interfere with the relationship between the owner and the contractor and, except as an observer, does not become a substitute owner on site. The G.E.ER. is responsible for Ms/her safety, but has no responsibility for the safety of other personnel at the site. The G.E.F.R. is an important member of a team whose responsibility is to observe and test the work being done and report to the owner whether that work is being carried out in general conformance with the plans and specifications. ( NUTTING ENGINEERS -- OF FLORIDA. INC. ESTABLISHED 1967 PURCHASE ORDER [lTV DF DELI1¥ BEI1rH PURCHASING DIVISION 100 NW FIRST AVENUE OELRAY BEACH, FLORIDA 33444 561/243-7115 VENDOR: SHIP TO: THIS NUMBER MUST APPEAR ON ALL NVOICES PACKING LISTS, LABELS. SILLS OF LADING AN~ CORRESPONOENCE. VENDOR NO, DATE NEEDED: ' FOB: CONFIRM TO ::)/],",~ : :, ;'bt 29'?;'b-'.}50. ZO~fO 51.,JALC [,~ ..~.7~.D,Z *~ .... > r",_,L t I .)' Pf;'(]JEC [ BILL TO: CITY OF DELRAy BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 60-08-1162A1-54C APPROVED AUTHORIZED SIGNATURE ( )NU ING ENGINEERS OF FLORJI~A INC. Geotechnical & Construction Materials Hydmgeology & Monitoring Wells Engineering · Inspection · Testing wvM, nuttlngengineers.com September lg, 2000 h/Ir. Randall Krejkarek, P.E. City ]~ngineer City of D¢lray Beach 434 South Swintun Ave. De]ray Beach, Florida 33444 Phone 561-243-7322 Fax 561-243-7314 Subject: Drainage Well hstallation Del Harbor & Lewis Cove Delray Beach, Florida Dear Mr. Krejlm.rek: / Nutting Engineers of Florida, Inc. is pleased to present this proposaYagreement for the installation of drainage wells at the above referenced sites. On September 15, 2000, the writer, yourself and Richard C. Wohlfarth, P.E., Senior Engineer performed a site visit at the aforementioned locations. During om' visit, we agreed that the installation of nine ckainage wells could potentially alleviate the ponding of water in the swale areas during heavy rainfall. With this in mind, we will install nine, 4 inch diameter by approximately 15 feet deep drainage wells as determ;ned during our site visit of September 15, 2000. Based on your request for proposal, and our understanding of thc project, we propose thc following scope of work and f~ schedule. SCOPE OF WORK We will install ~dne, 4 inch diameter by approximately 15 feet deep drainage wells in the areas indicated by you on our site visit of September 15, 2000, The wells will consist of a slotted PVC screen with a 2 inch gravel pack placed around the screened interval, FEE sc~r~DULE The above indicated scope of work will be performed for an esfimamd cost of $4650.00 based on the following rates and quantities: 2 1310 NEPTUNE DRIVE * BOYNTON BEACH, FLORIDA 3~1.2e Palm Beach (561) ?~6-4900 · Broward (954) 941 -ST00 o Miami-Oade {305) 8S&.0981 - Fax ($61) 737-9975 · Fa][ (9F=4) 938,8900 Mobilization N/C Installation of 9~" diameter x 15' drainage wells $500,00/eaeh $4500.00 Eagineering and admlrastrative services Lump Sum $200.00 We can begin this work within approximately tour days of receiving written authorization. The field work should take two days to complete. Thank you for providing us the oppommity to present this proposaUagreement. We look forward to working with you on this and future projects. Sincerely, NUTTING ENGINEERS OF FLOI~DA, INC. Division Marmger Richard C, Wohlfarth/P.E. Director of Engineering Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal, The undersigned, as an authorized representative of the entity listed below, approves this proposal and agrees to be bound by the terms and conditions contained in this proposal. We note that our terms are net thirty days. Any invoices over thirty days will be assessed a 1 1/2 percent service charge. If you are a first time client, we request that the fee for these services be paid at the time the report is delivered. Once your account is established, we will bill you on an invoice basis. SIGNATURE: PRINT NAME: COIVIPANY NAME: ADDRESS: DATE TITLE: cc: lames ~. Flalg, P,E., P. Hall Ci~ Ddmy Del Harbor q/SE ( NUTTING EN GINEE ..S. us/~.,~ 0~ '1'~ 1~:41 FAX 561 14~ 7~14 ENVIRON~ENTAL SRV. DEPT. ~001 www.dclraycsd.com City Of Delray Beach Departr~nt of Environmental Services M E M 0 R A N D U M TO: David Harden FROM: Randal L Krejcarak, P.E. DA~: 14 Sap 2000 SUBJECT: Del Hl$or D~, t L;~ Coy~ Project ~000;~ The following is a list of what has been completed to date: · Soil investigation on both streets · Ex'filtration tests .~ · Sent letter to each resident explaining what we have done and our approach to rectify situation · Met with contractor to let him know what will happen and asked for a cost estimate (have not received cost estimate yet) The following is a list of information requested by. Conrad and sent: · Assessment information, Lewis Cove versus City'wide · Nutting Engineers soil investigation results · Nutting Engineers geotechnical report and recommendations · Cost breakdown of the swale contract ....... I will be sending Conrad the list of swales constructed in past years this attemoon. The contractor approximately three weeks of work to finish the work in his contract. After that we will sit down again with him and lay out a plan for going back to Lewis Cove and other clean-up work that needs to he,completed. Thanksl enc CC: Richard Hasko. P,E. S:W_ng, AdrnlngOtojects~2OOO~.2OOO. OSOV_ET-I~RSVew~scove updeteOl.doc 09/14/00 THU 15:34 FAX 561 243 7314 ENVIRONI~NTAL SRV. DEPT. ~002 August 30, 2000 Conmd. Siffier & Kathleen Heis ng- Si[tier 1011 Lewis Cove Rd DeJray Beach, FL 33483 Reference: Del Harbour Drive & Lewis Cove Swale Update City Project #2000-050 Dear Conrad & Kathleen: I am sending you this letter in order to keep you posted on what will be happening with the swales along Del Harbour Drive and Lewis Cove. A GectechnicaJ Engineer has completed the soil investigation. The teat borings indicate that rocA is not present beneath any of the swales that currently hold water. It is the opinion of the Gectechnical Engineer that the peat material is causing a perched water table. Therefore, the following steps will be implemented: First, verticaJ holes will be drilled through the peat material and filled with rock. Second, the swales will be excavated approximately two and one-half to three feet deep and approximately two feet of rock and filter fabric will be installed. Then six inches of soil and sod wil! be placed. The resulting swaJe should be approximately six inches deep. I will be getting with our contractor to review this procedure and to develop a time frame. I have received several calls regarding dead sod in the swalea. The contractor will replace any sod that died along these swalea as well as placing sod in areas previously missed. The City has constructed over 30,000 lineal feet of swales, not including this year's contract. It has not been standard practice to do soil investigations prior to establishing or reestablishing swales, instead only those swales that retain water for an extended period of time, such as along Del Harbour Drive and Lewis Cove, have investigations completed, Over the past several years, we have only had to go back twice, which includes Del Harbour Drive and Lewis Cove. With a return rate this small, I believe our current approach is most cost effective. If you have any questions or concerns regarding this project, please feel flea to call me at 243- 7322. Your cooperation in the impmvernent of our City is greatly appreciated. Sincerely, Randal L. Krejcerek, P.E. City Engineer Cc David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director Howard Wight, Construction Manager File: 2000-050(A) , ttESSRVOO21DEPARTMENTStEngAdminlPtojectat2OO~20~O. OSO~..ETTERS~swale updateOl.doc 09/14/00 THU 15:35 FAX 561 248 7814 ENVIRON'~ENTAL SRV. DEPT. --__. ~003 ( NUTTING ENGINEERS Geot~hniaal & Constro~[on Materials Hydrogeology & MonE~ring Wells Engineering · Inspection · Testing ----.----.__ www. nut~nim]~ ineers,com.~.. Augu,~ 29, 2000 Mr. Re, dell L K~..k, p.~. City ~r City ofDelmy B~a~h 434 South Swimo= Avenue Ddray Beaoh, Florida 33444 Phone: (561) 243-7322 Fa.~ (561) 243-7314 Report of C.~otechn/oal F~plorat/on Del ~rbor and ~ Cove DraYage Dem' Mt..Krejcarek: Hurtle F-agineers of Florida, Inc. has ~ompletcd tl~ geo~eehnical exploration for the Del Harbor and L~wis Cove drah~ge project in l~Iray Be,~ Florida, The purpose of this exploration was to oblai~ information coz~.~mi~g the s~lX, face eoadflio~s in order to provide recommetxtatioas for remedial work This report presents our fmdiogs and r~-ommendalio~s. I'RO.~,CT INFORI~TION Re~niiy, drai~ge swales ~ ooz~x~ted a~ various locations throughout Delray Beach. Th= swalea on Del Hm.bor Drive md Lewis Cove drain poorly, and steading water r~mains in the sv,~les for several daya ~ a s~m. We uaderst~d that prior to oim.stzu=fin~ the swales, standing water wkhi~ the roadway right-of-way was =or a problem GENEIL~ SURSuR~ACE SO]I, CONDITIONS In order to prov/& infor~_~o~ co~a'ni~ lt~ sab~e coadltiaas ~d provide hydraulic conduciivfly (p~meabilily) of the so/Is, four S~mdard Penetration Te~ (SPT) borin~ were perfonne~/to a depth of ~ea feet, nd three exfiltrafion ~ were performed ~oa depth of six feet Two borin~ w~re performed on Lewis Cow, snd two bor/ngs were p~rformed ~n Del Harbor Drive. The exfilira~/on (permeability) lefts w~re perfo~,ucd on Lewis Cove. 1 1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA as42e Palm geaeh (g8t) 73~-4900 * Broward (9S4) ~41-8700 · M~ami-Oade (3o5) e$8-0~1 · Fax (scl) 737-9975 · Fax (954) 938-8900 09/14/00 THU 15:35 FAX 561 243 7314 ENVIRONI~NTAL SR¥. DEPT. ~004 The results of the borin~ revealed the soft cond/~/om oon;/rt of a limerock base, underla/n by brown fine sand to a depths of four to seven fe~ Below the sands, brown fl-bwus l~.at was encountered to ten feet, the max/mum depth explored. Exfdtraflon Test l~sults Tim exffdtra~/on tests were performed h accorS~nce w/th the South Flor/da Water Managemem D/su/ct ~xfificatiens for 'Usaml OFen Hole' contritions. The results of the ex~lUmion ~ revealed the soils at ttm locations te~ed ~tve a hydrau~c conduc~iv~ (Ii-value) of 4.4 X 10-~ to 6.3 X 10'~ c~/fl of bead. These values are considered 'low' and md/cato poor' dr~-~ge through the soils. D=ta/led/{ow rates and soft descr/l~inns are ~ese~t~d in the appencti~ CONCLUSIONS AND RECOMI~d]~N'DATION$ Based on the bor/~ and ~ltm~on tests p~ for ~ ~jcck i~ ap~ ~m ~ fa~s ~ ~g ~ ~ ~ ~hl, ~e s~e ~; ~ ~ ~est~e b~e h~ ~i~ ~e ~ ~ f~ wM~ h p~ of ~e ~ ~ ~d ~e or~c ~ ~y~ wM~ ~ ~y ~o~ ~ a ~ of ~ima~y low f~ Th~c so~ ~ ~ev~t ~ ~sio~ ~d ~g ~ ~ ~ ~te a pe~ ~ ~ble co~o~ h o;/= to 3~m//ate t~ stand/n/war= w/t//n th: male mas, we pr~ent three w~ioh we feel should be cousidered. Ba.~d on oa' h,*,Wled~ of tb project, a~l the faot tht sta~ wa~r was ~ot a problem prior to construct/hi the swales, we recommend that Option No. 1 be im?!emented to help remediate the s~a;ns water within the swale areas. OpflonNo,1 One opt/on would be to reAuee ~e slope of both sides of th= swa/e, and r~he the base of the swale so that it is no more that ~x/nehes below the surfa~ of/he roadway. We dso recommend that tim center of the swale bo o',,'c~zavaled to two feet below the exis~ surface, ami replace the excavated softs with clea~ f~e draining sand or pearock Option No. 2 The second option would involve au~fi~ or exca~at/~g to a d~ of aE~rox/nlately twel~ feet at various locat/ons w~*~i~ the swale area to allow d/~ through the ~,s~mc layer, and re/ac= the exoKvated softs w/th flee dmin/ug sands or peerock (~NUTTING ENGINEERS 09/14/00 THU 15:36 FAX 561 243 7314 ENYIRON~/NTAL SR¥. DEPT. ~005 Option No. 3 We appreciat~ this oppommtiy to provide continued service for the Cloy ofDelray Beack Should you lmve any qucsiions please contaot us at y~ur convenience. P~o~lly Submi~d I~YI'I~G ENCl~.rn~ OF FLORIDA, Richard Wohlfarth, P.E. #50~$ Director of Engineering NUTTING Your Neighbors and Homeowners of Lewis Cove Road Delray Beach, Florida 33483 Date: September 13. 2000 To; the City Clerk of the City o1 Delray Beach the City Mar)ager of the City of Delray Beach Via Fax - 243-3774 Via Fax - 243-7199 Subject: Request For Inclusion on The Agenda For The City Commission Meeting of September 19, 2000 As an Item #7. "Presentations" Dear Madame and Sir: The homeowners of Lewis Cove Road respectfully request that we be allowed to make a presentation to the City Commission of The City of Delray Beach on the evening of September 19, 2000. The subject of our presentation will be our request that the City Commission of the City of Delray Beach instruct City management and staff to reverse the damage done to our street and properties and to restore Lewis Cove Road to the condition it was in prior to the construction of the drainage ditches (June 28, 2000), We will need approximately one and one-half hours to fully present and review the facts, events, conversations, documents, and our strongly-held thoughts about this important matter. At the July 25"' City Commission Meeting we were unable to complete our presentation because we were not an Agenda Item. 77 Days have gone by since the ditches(swales. your word) were dug on Lewis Cove Road. Now it is time to allow us to complete this process and to fully present our thoughts on the ditches. We are not looking to have a public argument with City Staff. City Staff has already presented its case to us in numerous and time-consuming conversations over the past 77 days. City management and staff already know that we do not agree with the City's thinking Now it is time to allow the City Commissioners to hear our side of the story and to make a public decision regarding our very strongly-held thoughts on this matter. Thank you. For the Homeowners of Lewis Cove Road. Conrad Sittler Page 1 of 1 Facsimile Cover Sheet To: CITY CLERK'S OFFICE Company: CITY OF DELRAY BEACH Phone: Fax: +1(561)243-3774 From: CONRAD SITTLER Company: Phone: +1(561)276-8728 Fax: +1(561)276-1442 Date: Wednesday, September 13, 2000 Pages including this cover page: 2 Comments: MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM 9. (o~ . REGULAR MEETING OF OCTOBER 17. 2000 SPECIAL EVENT REQUEST - 1sT ANNUAL DELRAY BEACH THANKSGIVING ART FAIR DATE: OCTOBER 12, 2000 ACTION City Commission is requested to endorse the l~t Annual Delray Beach Thanksgiving Art Fair to be held on November 25~h and 26~ from I0:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.60t) for the use of NE/SE 4th Avenue, two blocks north and south of Atlantic Avenue, and to authorize staff support for traffic control and security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police traffic control and security for this event. The event sponsor v(fll provide vendor approval, site dean-up, port-o-lets, barricading, and nighttime security. Police xfffll be paid at the overtime rate. Barricades will be provided and set up by the sponsor. The estimated cost for police overtime is $2,250. We also have the Christmas Tree lighting ceremony and entertainment the night of November 25th. The Police Department staff have advised that they can cover the required overtime without ordering officers to work the event. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for police traffic control and security with the sponsor paying all police overtmae costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. Ref:Agmemol0.Special Event. Howard Alan Thanksgiving Art Fair Seat B.y:_NOWARD ALAN EVENT~; 9544723a91; Oct 11 O0 15:56; Page 1/1 October 3, 2000 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1"t Avenue Delray Beach, FL 33444 Dear Mr. Baminski, We are preparing for our Downtown Delray Beach Thanksgiving Art Affair to be held on NE and SE 4th Avenue from NE 2"' Street to SE 2"aStreat. Atlantic Avenue and bypasses will remain open. Please be advised of the following logistics for Downtown Del,'ay Beach Art Affair, November 25 and 26, 2000. Street Closure: We have arranged for Bob's Barricades to drop off barricades Please let us know if we can hire your staff to place the barricades on the street, or should we plan to do this ourselves Police: In the event Delray Police Department cannot fill the schedule, we are prepared to contact FlOrida Highway Palrol to cover the event. Port-O-Lets & Dumpster: 3 regular and I handicap pod-o-lets have been ordered through Waste Management of Palm Beach They will be d[opped off on Friday, November 24, 2000 and will be picked up on Monday, November 27, 2000, with servicing Sunday, November 26, 2000. The 20 - yard dumpster will also be delivered Fdday and picked up Monday These wilt be placed in areas approved by the Downtown Merchant and Business Association. Trash Receptacles: 2O trash receptacles will be supplied and maintained by our professional clean up crew, Protest (Mitch). They will handle clean up of the trash throughout the area each day Vendo., Parking: RV's and large rig vehicles W~ll park at the public lot between 6m and 7~h Avenue. The Joint Venture has contacted the merchants through the Merchants Association regarding this event. As always, we appreciate your time and effort in making these events so successful. If you hav~ any questions, please feel free to call me at (954) 472-3/'55 / / President HowardAl~,E~e~s. LPl~.Owa~! BLVD. · I'I, ANTA. TI¢}N, FLORIDA (954) 47'2 3755 FAX 19~4) 47'2 3801 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN PAUL DORLING, ~/TING DIRECTOR OF PLANNING AND ZONING RONALD .OGGARD,~ , ,~,~ MEETING OF OCTOBER 17, 2000, WAIVER TO LDR SECTION 4.3.1(D), TO ALLOW THE RECONFIGURATION OF EXISTING NONCONFORMING LOTS TO CREATE NEW NONCONFORMING LOTS, FOR LOTS 1-3 BLOCK 4, DEL PARK (SOUTHWEST CORNER OF NE 13TM STREET AND NE 3RD AVENUE) On September 8, 2000, the City received a request from the CRA to create 3 non- conforming lots within the Del Park subdivision. The property was platted in 1922 as lots 1-3, Block 4, Del Park with frontage on NE 3rd Avenue. In 1965-66, three duplexes were constructed on the property across lots lines with the fronts facing NE 13th Street. The proposed subdivision will consist of three lots with the lot lines reoriented to front on NE 13 Street. This property is part of the SeacresFDel-lda Park Neighborhood Area for which a Neighborhood Plan was adopted on March 3, 1998. The Neighborhood Plan included a number of recommendations to revitalize and stabilize the neighborhood, some of which were intended to reduce overall densities. One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del- Ida Park Historic District, be limited to single-family detached housing. To accomplish this end, parts of the area, including the subject property were rezoned from RL (Low Density Residential) to R-1-A (Single Family Residential) in October, 1998. Duplexes are no longer a permitted use. Other recommendations were included in the plan to deal with problems caused by high concentrations of existing duplexes and multi-family development that do not meet current development standards. One of these recommendations was for the CRA to develop a program that would provide funding for the conversion of existing duplexes to single family homes. To date one duplex has been converted, two more conversions are under construction, and the CRA is in the process of conveying a fourth to a person who will participate in the program. The CRA is in the process of purchasing the three duplexes, which will then be resold as three individual structures for conversion to single family homes. In order to sell them as individual fee simple lots, the property has to be resubdivided. On August 31, City Commission Documentation CRA lots on SE 4~ Avenue Page 2 2000, pursuant to authority granted in LDR Section 5.1.4(F), the Development Services Management Group (DSMG) directed that the project be exempted from the requirement to re-plat. The proposal does not create any additional non-conforming lots since all three lots are already nonconforming. However, since the new lots will not meet the minimum frontage and lot area requirements of the R-1-A district, City Commission approval is required. Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum requirements established unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. The following is a summary of the required, existing, and proposed frontages and lot areas for the property. The minimum depth (100') is exceeded in both the existing and proposed lot configurations. Minimum Required Existin9 Proposed Frontage LotArea,,,,,,,?, Frontage LotArea ~ Frontage LotArea Lot 1' 60' 7,500 sf 50' 7,650 sf** 50' 7,250 sf Lot 2 60' 7,500 sf 50' 7,700 sfl'* 50' 7,250 sf Lot 3 (corner) 80' 7,500 sf 45' 6,615 sfl'* 60'** 7,783 sf * Note; As current subdivided, Lot I is the corner lot. As proposed, the corner lot is Lot 3. ** Approximate Staff notes that the proposal does not result in a significant change in the existing lot dimensions on the block. By reorienting the lot lines, the corner lot becomes conforming with respect to size and more conforming with respect to frontage while the two interior lots become nonconforming with respect to size. Although the two interior lots are reduced in size, they remain consistent with other lots within the subdivision. The Del Park subdivision was platted as 50' wide lots with depths between 110' and 155', and a considerable number of platted lots were less than 7,500 square feet. Currently 102 (43%) of the 237 developed parcels within the subdivision are nonconforming with respect to size. As previously noted, the Commission may approve the creation of a nonconforming lot based upon a finding that it is necessary and appropriate to do so. The City Commission may also impose mitigating conditions at the time such action is approved. Staff believes that a finding can be made that it is both necessary and appropriate to allow the lots to be resubdivided as proposed. First, as noted, the property is being purchased by the CRA for resale under the duplex conversion program in order to implement provisions of the adopted neighborhood plan. The resubdivision is necessary because without it the property and the structures cannot be sold individually on a fee simple basis. City Commission Documentation CRA lots on SE 4th Avenue Page 3 The resubdivision is also appropriate in that it represents a reconfiguration of existing nonconforming lots in order to coincide with the manner in which the structures were developed. No new lots are being created. All building setbacks, with the exception of an existing nonconforming street side setback (12.7' provided where 15' is required) will exceed code requirements. The lots will remain consistent with the prevailing lot sizes in the subdivision. Density will be cut in half, from six units to three single family homes and the renovated properties will give the area a boost. Given and the minimal impacts and continued compatibility with adjacent lots, the required finding can be justified. Planning and Zoning Board review of the proposal is not required. Continue with direction. Approve the Waiver to LDR Section 4.3.1(D), based on positive findings that it is necessary and appropriate to reconfigure existing nonconforming lots 1-3, Block 4, Del Park to create new nonconforming lots, in that the resubdivision is necessary to implement a program specified in the adopted neighborhood plan and that it is appropriate to reconfigure the lots to coincide with the manner in which the existing structures were developed. Deny the Waiver to LDR Section 4.3.1(D), based upon a determination that two lots will become more non-conforming, and that it has not been demonstrated that it is necessary and appropriate to accommodate the request. Approve the Waiver to LDR Section 4.3.1(D), based on positive findings that it is necessary and appropriate to reconfigure existing nonconforming lots 1-3, Block 4, Del Park to create new nonconforming lots, in that the resubdivision is necessary to implement a program specified in the adopted neighborhood plan and that it is appropriate to reconfigure the lots to coincide with the manner in which the existing structures were developed. Attachments: · Location Map · Reduced Drawing of the Reconfigured Lots s:\planning & zoning\boards\city commission\cra creation of nonconforming lots in seacrest,doc SF ~NCENT'$ CHURCH N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT LOTS 1, 2, & 3, BLOCK 4, DEL PARK SUBDIVISION , N.E. 1$TH .ST. AREA OF PROPOSED LOT 1 = ~250 SQUARE FEET AREA OF PROPOSED LOT 2 = 0250 SOUARE FEET AREA OF PROPOSED LOT 3 = ~78J SOUARE FEET [lTV OF DELRI:I¥ nEI:I£H CITY ATTORNEY'S OFFICE ~lI.America Cit~ 1993 DATE: September 29, 2000 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: David T. Harden, CityManager FROM: Susan A. Ruby, City Aitomey SUBJECT: Verizon Wireless Lease Agreement Attached is a letter from Captain Ross Licata outlining the lease terms and the lease agreement. We were unable to get a warranty from Verizon as to the suitability for the particular use but they will transfer the manufactures warranty to us. Further, the contract approval is contingent on the receipt of Exhibits A and B, acceptable to the City. Please place this lease agreement on the October 3, 2000 City Commission Attachment Alison MacGregor Harty, City Clerk Ross Licata, Delray Beach Police Department To: From: Date: Subject: DELRAY BEACH POLICE DEPARTMENT David T. Harden City Manager Captain Ross Licata ~ Director of Support Services October 16, 2000 LEASE AGREEMENT WITH VERIZON WIRELESS Attached for your review and approval is the negotiated lease agreement between the City of Delray Beach and Verizon Wireless. As you know, during the process of designing our new 800 MHz Radio System the City was required to perform an engineering study on our communications tower to determine whether or not it is capable of supporting the additional loading of the new antenna's proposed for our system. Our consultants from Pate Engineering performed the vertical load and 110 MPH horizontal wind force studies based on the EIA/TIA 222-F and AISC Ninth Edition (ASD) standards set forth by the State of Florida. It was determined that significant/costly upgrades needed to be performed to bring our tower in compliance with the current standards. It was suggested that the cost to improve the tower would be in excess of $50,000. It should be noted that our existing tower was constructed approximately 16 years ago when the Florida vertical load and horizontal wind force standards were less restrictive. During the process of evaluating whether or not it made sense to make the costly improvements to our 16-year old tower we looked at alternatives. One would include building a new communications tower with the capability of supporting additional equipment from cell phone and paging companies with the intentions of generating revenue for the City of Delray Beach. We had discussions with representatives from Verizon Wireless, and after lengthy negotiations I believe we came up with an agreement that provides a win-win situation for the City. This agreemem provides for the following: 1. Verizon Wireless will build a new 180 fl. Lattice tower capable of supporting the City's equipment and equipment for three additional cell/paging providers. Upon completing construction of the tower, Verizon Wireless will convey ownership of the new tower to the City. In exchange for building the new tower at a cost of approximately $170,000 the City will provide Verizon Wireless free space on the tower for a period of 20 years. Verizon Wireless will pay $31,500 from year 21 through 25 of this agreement. These figures are based on current industry standards with a 3% annual increase over the agreement period. 2. The City can then lease space on the tower for two additional celVpaging providers and generate approximately $18,000 annually fi.om each provider. This figure will increase over the course of time. 3. Verizon Wireless agrees to dismantle, remove and dispose of the existing tower at no expense to the City. The new 800 MHz Radio System is expected to be complete and operational some time in January 2001. It is imperative that we come to some resolution on the tower issue as soon as possible as the tower is essential for the operation of our radio system. Verizon Wireless indicated they could have the new tower completed by December 2000 if this agreement was finalized in the next week or so. This agreement was negotiated and reviewed by City Attorney Susan Ruby, Amanda Solomon, Captain Ralph Phillips and myself.. I recommend that it be forwarded to the City Commission for approval. Note: Verizon Wireless is in the process of finalihng exhibit A and B, however the agreement is contingent on the City's approval of both exhibits. If you have any questions, don't hesitate to contact me. cc: Chief Overman Captain Phillips OCT 1G 20~ 16:5S FR PRIMCO PERSONEL COMM 561 995 5568 TO 9156124~7816 P.01/11 LEASE AGREEMENT SITE: 6~10-D~lravBeaohPolkeTowex X ol~mlon ami m~nm'mm:~ of cabl~ ~ and ~ilifi~s including. ~o~ Iim~o~ ~ ~ ~ ~ll~ (~ ~ of ~ ~ u~l~ ~ ~ ~l~ely ~ ~ ~in ~ ~c "L~ ~), u~ ~ ~ ~ ~- ~ ~ V~n W~ ~ ~ ~ ~ ~ ~u~ ~uz I~o% li~ ~ ~ ~ on ~ ~ ~ O~ 2ooo - w~,~a w'u--..~ 1 OCT 16 2000 1G:SS FR PRIMCO PERSONEL COMM SG1 995 55G8 TO 915612437816 P.02/11 op~ation of their ~tive communions facilities includin& wi~-mut limlta~ ~he e~g~ion of ail do~um~is ~iubed for such Appmval~ utUit~ so,vices and eascmefl~. 7. TPRMINA'nON. Verlz~ Wi~te~ shall haw th~ fight to tmmimjnato th{~ Lmase aZ tomy t{me ',vi~ fudh~ Ilabili~ hmuundg~ ~ {im~ any ~me (1) or mon~ of the ~ul{owing is A. .,~ md/or ~sm~nts No~ Obtalnahb. AIl Approvals mid/or cnsmmms for Vm~n W'ffe..~m% hmuided usa o~, or operation or consmmion of operation or ~mstmction of its e, ommuni~a~iom facilities c~mmunl~afio~ ~cillfles whid~ ope~don of i~ cormnuni~fiom facilities on il~ Lca~d D, O*mm~ons U~mufl*~ble, Ve~izun operation of i~s comnnmlc~tiom ~Hiti~s on the L~ Pmpc~y beceme unprofitab{~ to Yefizou Wirg{~; c~utains a H,,..~,.hms l'vim~ al, m dcliucd {,, Para.apb O. Tiffs. TM Prop~W is mac~le; or H. ndi W'u~l~s is unable to obtain n neeal~*~ance ag~emmt pommnt m Paragraph 23.H. within ~ (30) days nstuest fro. miy such nondis~n'bmee ngmm~enC or I. ~ Baaed on th~ mndt$ of my Fe:m{bility Tegts, w~r gonductod plJor m or after t~ ~e~t of the ~n of this Le~me, the Le~ed Propmy is not suilabk: for ¥crlz~t WJrr~'m intended u~ or il~ o~n J. T ' cl',anffca in eqmpmmt and sFs~m notl~ ~f in n~.danee vdth th~ pmv~-io~ of l~nsm~ 99. Vm'~ ~lcgs clem~ to ~ this Lease pmsumit ta this pz~graph 7, thls Leas~ shall t~mimto as of the d~ set fn~h in the .~IG~; SIJBLF, ASE; ~ This may not be so4d. lio~ ~ubl=c*eS, mi~ ~ 9. INDEMNI]HCATION AND ~SURANCE I0. EVENT OF DEFAULT BY VERIZON WIRELE.~. (il) '1~ ~allum by Ym'{~ou Wir~l~ m ob~c~u m' pcr~onu any of thc cov~mrs ~r pmvi~im~s of dds X.~se 2OOO = V~iz~ ',V',z~ks,) 2 OCT 16 2~ 16:5~ FR PRIMCO PERS[]NEL COMM 5~1 995 5568 TO 915612437816 P.03/11 13. HAZARI~U$ $UB~T.~NC~_~ Owner rep~a~nla and (iii) ~ ~r ~ ~oli~ ~ p~y on ~c pr~, no ~d~ ~e Si~ ~ on ~ I~ o~ by ~ ~d im~dia~ly ~ ~ ~ Sim. V~ Wiml~ ~ ~ ~e limit~ ~ ~d ~ p~i~ by ~, ~or p~e of · b p~sion, "H~do~ Suiting" includ~ ~y sub~ ~ s~ ~[~ law ~ ~. O~er ~d Ve~ ~ ~ ~t ~d ~mt m ~ ~ ~ ~i~ will ~t in ~ u~ ~ S~ ~ on ~j~t I~. 14, COND~'qATION. OCT 16 2000 1G:SG FR PRIMCO PERSONEL COMM 561 995 5568 TO 915G124~7816 P.04×11 ~i'~, 11~ ~ ~ ~ tm,lly ununbk by V~fi~n B. ~ 'd!sl.,kn. Ovm~r dlsclmhm and waiv~ now ~'d~in8 ~' ~ raisin{ landhxd'~ lira ~ o~h~r ~{hl{]~ SUb{OSSC~ Und/O~ {i~' ~mmiomfions fa~ililies, I?. TAX2~; MAINTENANCT~ 18. QUIll' ENJOYM~ AND NON- ~. ~ - wi,~ w=J~,) 4 OCT 16 2000 16:59 PR PRIMCO PERSONEL COMM 561 995 5568 TO 915612437816 P.05×11 Fufiim', othm- than O~uer's us~ Ov~cm- ~da{I not ~ ~[t ~ of~c ~cd P~ ~V~ ~, ~ ~ ~'s ~ ~ ~ ~mi~ ~e · e cJJm~ of S~h ~ wJ~ V~ Wi~~s ~ ~ ~ of~ ~ ~ ~ ~ (tO) ~ ~ o~ ~ o~r pm~i ~ ~ m ~ ~, If ~y s~h ~ ~ V~ ~ ~ ~ ~ i~ ~s ~pt of ~s ~ of such ~ ~ }f n~ ~ i~ ~o~, If~ ~ ~t~ ~ ~ ~ ~in ~ (1) ~ ~ ~i~ ofm~ ~ 19. mo~ ~ ~0~; ~ON ON ~u~ I~, ~ ~ ~ ~ of V~ ~ ~ ~or li~,~ ~ ~ of it ~ ~ ~ m ~ ~ md V~ ~ ~ i~ ~ ~on or ~ ~b ~ V~ ~ ~ im sub~ ~ li~ ~1 ~e ~ g~ ~ ~ ~ ~o~ ~li~ ~ui~ ~ ~ ~ ~ ~ V~ W~'S ~ ~ ~' ~ li~' B. prcscnt~tlon of Claims. Any clalms in writing to Ve~oa W'uekss ~in ~* (2~) s~ (~) ~ ~jn~u ~ of~ ~~1~ ~ m ~ ~ ~ ~y~d ~l su~ c~. BRO~ ~ ~ V~ ~~tm~c~ ~it~ not n~ ~ ~. ~ ~ V~ W~ ~ ~ ~a~ iffy cl~m ~ ~c ~ ~ ~ ~ a ~'s ~ ~nt's ~i~, ~ ~1 ~ty ~m ~e~ ~, 2L ~P~L ~RT~I~ ~ ~ pr~i~ V~ W~ ~ a ~ ~n8: (i} V~ ~'s ~mm~ ~i~ ~d ~ Wi~l~ ~ ~ ~ ~ ~Id n~ ~ ~ ~ ~ ~ p~ of ~ ~ (v) ~t ~ ~ ~ ~ ~iHU~ ~ ~ p~. ~ ~, ~ ~ ~ ~ a ~ ~: (i) ~ ~ ~fi~ ~ s~ ~ ~ ~ll~ ~d ~ ~ ~d ~ ~ ~ifi~); Oi) ~ ~ (~ ~ s~ ~ ~); ~ (iii) ~ ~ ~u~ ~ ~ ~ ~ if(~ ~ by ~ ~ ~ ~i~ ~ ~ Un~ S~ fi~ e~ ~ (~ or ~i~d, V~b~n Who{us.q: ~ Pet~mial Co~lu~ati~as, Li~itmd Pa~'ie~hip dba V~Lmon Wlr~ess 180 Wagmini~mn Va{lc/ B~minist~, NJ ~i OCT 16 2000 16:57 FR PRIMCO PERSONEL COMM 561 99S 5568 TO 915612437816 P.06711 {00 ]k']g Ii AV~IIIle I~{r~ Beach, l~b ~3444 0-,.3ooo-v~i~nv/~u,) 6 OCT 16 20~ 16:$8 FR PRIMC[] PERSONEL COMM S61 99S $$68 TO 91S612~7816 P.07×11 ea eadl couninq~n he~eor~ and it sha{I be su~ if th~ mlS~ on bdmlfufid{ pa.qies haseto al~ O~ cae (i} or mm cou,,t~,pam. Ail r, ounteq;~rU; sludl oolll:,;tiv~y con~tltme a mingin agreement. in~'udes towel spa~, Vcaizon W'u~ shall haw th~ ri~t m ~ uine (9) afltmnas and niuc (9) e~ble lines in such ~owe' space. e. abl~ nm$ if V~z~n Wi~t~Ss, at an~ ~Jm~ ~c ~ time to timr~ insta{tm I~ than nine (9) a~i~m~5 ~ild nine (9) ~blm lin~. Q. ^dd{tinnnlTemms: Vedzon Wiasle~. at ifs ~ole cost and cxp~s~ ~ml{ ~-.pince Own~'s ~stln~lS0 f~ stir-support tower with a 180 foot 3 C~Ttor s~lf-.suppe~ toWas. which shall also b~ able to support Om~u~"$ equipment as d~cfibed in Exhibit "I~ (the "New Tow~'). ¥~{7~n W'uatess Ovm~. In addition. ¥~.;~ Witless ~ha{I provid~ earn line of l* {/4" Iow density fomn I~lliax cabtc fur the BMP. t 0 antenna at ibc lB0 lboz level, w~t tw~ (2) N Fetmmnin RI~ contt,~tots. Pdt~ m any ehsn be aY{tied to ~ lunt R~' the lust fids 1~=~. ~ ~ :q~cifieally descfil~d R. f(.elocalinn. Own~ hm~by t~sra'vcs ~a~ ~s ~ui~t f~ public s~ ~ only. upon fli~ (90) ~ ~ ~l~ noa~ to V~ Wi~l~s W~ sh~l rc~ it*s Equi~aat ~ ~ sp~ ~ ~c Tow~ d~i~M~ ~ O~er, ~ ~ove i:'s Equip~ ~ ~ c~ m~ M, wi~in s~ (60) ~ ~ ~ipt of ~ Reinc~n I~ of les ~p~u~ bm h~ b~ ~le ~ of I~ ~M ec ~ (60) ~y Wi~l~ wiU ~ ~ ~diti~ ~{~ 00) ~pi~ uf~ si~ (~) ~ ~d) ~ ~mplm su~ ~e. City of Dclray Bcach S.S/I'nx No,: Address: IOONW I'tAwnu~ C~lm/Beach, FL 33444 ~ ~dtad~nent "S# f~ continuation of' Owflm' ~ l'~{Ofl'l C~mmtamicat{u~ Umlmd Pmtnca~{p. a Dde~ limil~d partnm~ip dl~ Yaiz~ Whdcss fly: n~. Name: Nm: 0u. aeoo - v.t~a weam) 7 OCT 16 2000 16:58 ~R PRIMCO PERSONEL COMM 561 995 5568 TO 9156124~7816 P.08/11 D~ONOFOWNF, R'SPROPERTY O'Z, 2~0 - wlm~ Wh, dm) S OCT 16 2000 16:58 MR PRIMCO PERSONEL COMM 561 995 5568 TO 915612~E7816 P.09×li EXHIBIT #Bs~ DEPICTION OF PORTION OF OW~ER*S PROI~RTY LEAS~'D TO VEBIZON WIRELESS OCT 16 2000 16:59 FR PRIMCO PERSONEL COMM 561 995 5568 TO 9156124~T016 P.10/11 THIS [NSTR~ PRt~PARGD BY AND RETURNED TO: ADDle/SS: Vet/r, on Wirele.~ 777 Ynmnto Road, Suite 6~0 Boca Raton, Florida 33431 "EXHIBIT C' SHORT FORM LEASE (Site Lease 1D//:68610) THIS SHORT FOP, M LEASE evidene.~ tha~ a lease ~ made ~d ~ in~ by ~i~ ~ ~t d~d , 2~, ~ ~d ~ Ci~ of~ ~ ~ ~ ad~ ~ I~ ~ 1~ Av~e, ~ B~ ~ 33~4, ~ ~ P~0N~ ~ICA~0NS, ~l~u P~. a Ro~, Sui~ 60~ ~ ~, ~ 3343l, ~c ~s ~d ~di~ of which ~ in--cd h~in by ~. ~ ~ ~ ~t of ~m~t f~ d~ of~ ~0 ~d ~ d~o ~d ~ f~l~ ~1 ~ mow Fi~ (5) y~ ~cin8 on ~c dam ~ ~N ~S ~mm~ i~l~on ~ i~ ~unic~ons ~i~ ~ such site. ~i~ ~ is subjc~ W Fo~ (4) ~fio~ ~ (5) ~ ~ion ~ ~ VE~ON ~S. ~ ~ ~F, O~ER ~d VEiN W~S h~ ~ly ~u~ ~is $~ t~ ~ ~ ~ ~ md ~ fi~t a~e ~imn. OWNER: City of I~lmy VERIZON Pm'sonnl Communl~tions, Limiled Pnflnetship, a Del av,~,e limited pnm~enhip, dba'¥etiz~n By:. Name/Title: $,S .,Tax No.: By: Adda:as: I00NW l=Avenue Name/~tir~ DeltW Be. ach, FL 33444 $~q.~Tax No.: 75-2681333 fi) (~) N=mo: f='lSee A~t~bn~nt 'SN" for cout/npa~on of Owner I/~t~m, ~TATE OI~, Co~ O) 'fhe foc~oin$ Instnnnent was acknowl~l~'d be~ me this __ day of ,20 , [] by m by ,aS Of oorpor~ion; o~ [] as parme~ (or ng~nt) on behnlfof Hc/Shc is personally known to me ot ha~ produ~d aa iden~fic~ion. ,, , a pmmg~l~p (Printed, Typed ot S:amped Name (OFFICIAL NOTARY S[ONA'ilJR~ Notary Publi~ -- State of OCT 16 20~ 16:59 ~R PRIM(II PERSONEL COMM 561 995 5568 TO 915612437816 P.11711 (O~cisl Nom~ Si~atm~) No~y Publio -- S~I~ of 0~. ~ooo - v, si~a w'~) 11 TOTAL PAGE. il MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~I AGENDA ITEM ~. /~'. - REGULAR MEETING OF OCTOBER 17, 2000 FULL SERVICE GRANTS WRITING CONTRACT WITH LANGTON DATE: ASSOCIATES OCTOBER 13, 2000 This item was discussed at Tuesday's work session. While the consensus was to proceed with Langton Associates, it was requested that copies of the other three responses to Palm Beach Gardens' RFP be provided to the Commission. At the time the agenda was complete on Friday, the information had not been received from Palm Beach Gardens. We should have it on Monday, October 16th, and will provide it to you that evening. RefiAgmemol4. Grant Writing Contract. Langton Associates Grantwriting Services Proposal for City of Palm Beach Gardens June 27, 2000 Submitted by: In Rem Solutions, Inc. 10479 Rio Lindo Delray Beach, FL 33446 (561) 496-4636 Table of Contents B. C. D. E. F. G. H. Letter of Transmittal Profile and Qualifications of the Firm Firm Experience Scope of Work Cost of Services Client List and References Proposal Form and Appendix A Samples of Work Letter of Transmittal IN REM SOLUTIONS, INC. 10479 Rio Lindo · Delray Beach, FL 33446 (561) 496-4636 Fax (561) 496-4636 June 27, 2000 Nabar Enrique Martinez City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mr. Martinez: In Rem Solutions, Inc. is a consulting firm specializing in grantwriting, fund development services, program advocacy and special event planning. Its clients include municipalities and not-for-profit organizations. In Rem Solutions is a State of Florida certified Minority Business Enterprise (MBE) and has an office in and is doing business full-time in Palm Beach County, Florida. In Rem Solutions is pleased to submit this proposal in response to the City of Palm Beach Garden's RFP for grantwriting services. In Rem Solutions is familiar with the City of Palm Beach Gardens from its representation of surrounding municipalities and the office proximity to the City. The firm is knowledgeable of state and federal grant sources and the required rules and guidelines. The firm is currently assisting the City of Palm Beach Gardens Police Department in its application to the Department of Justice for a COPS MORE grant. A detailed description of the services In Rem Solutions will provide to the City of Palm Beach Gardens can be found in the Scope of Work section of this proposal. Based on the goals and objectives of the City, In Rem Solutions will design and implement a personalized grantwriting plan based upon a determination of funding needs. In Rem Solutions Nabar Enrique Martinez June 27, 2000 Page 2 will prepare grant applications and follow up as necessary with advocacy and grant administration questions. The proposal also includes assistance with grant administration and training of staff in grantwriting basics. In Rem Solutions is a local, full-service grantwriting firm. We meet with staff regularly to discuss new projects and pending grant applications. We will complete initial interviews with each Department and will meet as needed to draft each grant application. We are committed to full communication through personal meetings, e-mail and facsimile. Our local office ensures an edge in personal service. After you review the attached proposal we believe you will be convinced of the value of selecting In Rem Solutions. We welcome the opportunity to discuss our services with you. As President of In Rem Solutions, Lisa N. Mulhall is authorized to make presentations and to negotiate any agreements on behalf of the company. Sincerely, Lisa N. Mulhall President Profiles and Qualifications of the Firm Qualifications of In Rem Solutions, Inc. Established in 1994, In Rem Solutions is a consulting firm specializing in assisting municipalities and not-for-profit organizations in the successful pursuit of additional funding sources for programming and capital projects. In Rem Solutions is dedicated to assisting clients in the private, governmental and nonprofit sectors by providing: Grant Services and Administration Governmental Relations Program Advocacy Special Event Planning. Led by an experienced attorney, In Rem Solutions has the leadership, knowledge and skills necessary to assist clients through the maze of funding avenues and governmental regulations. The firm is a certified Minority Business Enterprise and is a registered fundraising entity with the Department of Agriculture, Division of Consumer Services. In Rem Solutions currently has contracts with the City of Boca Raton, Town of Jupiter, Village of Tequesta, Village of Wellington and the Martin County Health Department for grantwriting and fundraising services. Past clients include the Town of Lake Park, Village of Palm Springs and Town of Lake Clarke Shores. In Rem Solutions operates pursuant to or in coordination with the following licenses or certifications: State of Florida Department of Agriculture & Consumer Services Fundraising Registration SC-04626 (Expires 3/31/2001.) · Florida Bar license number 0727024 Florida Minority Business Enterprise certification (Expires 3/2001) and Palm Beach County Women's Business Enterprise certification (Expires 2/18/2002) · Palm Beach County Occupational License Profiles Lisa N. Mulhall will lead this project with the assistance of two experienced associates. All reside in southern Palm Beach County and have strong familiaritywith state, federal and local private and corporate funding sources. In Rem Solutions has built a strong reputation as a creative and innovative fund-raising consulting firm. All In Rem Solutions associates have experience and backgrounds which have prepared them to provide the following services: Project Development · Evaluate the overall direction of your grantwriting efforts; · Assist in matching the City visions, priorities, goals and objectives to potential funding sources; · Recommendations for new funding programs are made monthly or as appropriate; · Prepare an average of eight to ten grant applications to appropriate state and federal funding sources; · Prepare award or honors applications, as requested; and · Provide assistance to staff who are already soliciting grants. Research · Monitor government websites and resources to stay abreast of State and Federal funding programs; · Subscribe to and review several on-line and traditional semimontly updates regarding state and local funding sources for municipal governments; and · Access computerized databases of funding sour.ces with specialized search modes for detailed findings. Liaison · In Rem Solutions will act as a liaison between the City and potential funding sources to research funding sources, seek more detailed information regarding grant applications and after the submission as an advocate for the program. Lisa N. Mulhall A graduate of Dickinson School of Law in Carlisle, Pennsylvania, Mulhall has extensive experience in the areas of environmental, land use, municipal, constitutional and administrative law. Her ten years of legal training and practice are a strong leadership factor in the In Rem Solutions team. Ms. Mulhall's grantwriting experience is extensive. Five years of municipal grantwriting representation has resulted in experience with nearly every major state and federal grant program. Ms. Mulhall was primarily responsible for every grant application listed in the grant experience section of this proposal. She has a portfolio of grant applications in the arenas of Parks and Recreation, Police Services, Engineering and Utilities, Water Utilities and Community Development. Her expertise has led to the receipt of significant amounts of funding from the Florida Department of Community Affairs, Florida Department of Environmental Protection, Florida Department of Transportation, the Federal Emergency Management Agency (FEMA) and the Department of Justice COPS office. Ms. Mulhall is active in civic affairs and stays abreast of current political issues. She is also active in Palm Beach County community organizations. IN REM SOLUTIONS, INC. 10479 Rio Lindo · Deiray Beach, FL 33446 (561) 496-4636 Fax (561) 496-4636 Curriculum Vitae of LISA N. MULHALL EMPLOYMENT In Rem Solutions, Inc., Delray Beach, FL. President. Consulting and strategic planning services to the private, governmental and nonprofit sector. Emphasis in grant proposal writing, governmental relations, program advocacy and special event planning. EDUCATION Dickinson School of Law, Carlisle, PA. Juris Doctor 1986. Graduated Top 25% of Class. Honors: National Appellate Moot Court Team 1985. University of Delaware, Newark, DE. Bachelor of Science, Agricultural Economics, 1983. Honors: Degree with Distinction, Mortar Board National Honor Society. PROFESSIONAL DATA Admitted to practice before the Florida Bar (1987); the Pennsylvania Bar (1986); the United States Eleventh Circuit Court of Appeals (1991); the United States District Court for the Eastern District of Pennsylvania (1987); Middle District of Florida (1991); and Southern District of Florida (1991). PRIOR PROFESSIONAL EXPERIENCE Associate, Burke, Bosselman & Weaver, Boca Raton, FL (August 1988 to October 1993). Representation of both public and private clients in the areas of environmental, land use, municipal, constitutional and administrative law. Emphasis in litigation practice. Adjunct Professor, Florida Atlantic University College of Urban and Public Affairs (1993 Spring Semester). Instructor in Environmental and Growth Management Law. COMMUNITY RELATIONS Junior League of Boca Raton, President (1997-98), President-Elect, Executive Board and Board of Directors (1993-1996); Sales Chairman for Cookbook fundraiser (1998- 2000); Chairman of Designer Showhouse fundraising event. (1994-96) Soroptimist Woman of Distinction 1998-Small Business Owner In The Pines, Inc., Board of Directors (Nonprofit Farmworker Housing Association) (1993-1999) Member, South County Advisory Board for Commissioner Mary McCarty (1998- 2000) Directions 21st Century, Board of Trustees (1994-1997), Palm Beach County "Directions '94", Participant (1994) Leadership Boca Raton 1995 Palm Beach County Agricultural Reserve Citizen Committee-Alternate (1992-93) PUBLICATIONS "The Transmission Line Siting Act--Balancing Power and People", Stetson Law Review, Vol. XX, No. 3 (Summer, 1991). "Interstate Transfer and Disposal of Solid Hazardous and Radioactive Waste" (with Fred P. Bosselman and Barbara A. Adams), American Law Institute--American Bar Association Course of Study Materials (August, 1990) "Growth Management" The Bridge-Vol 23, No. 2 Winter 1993 REPRESENTATIVE CLIENTS Town of Jupiter, Town of Lake Park, Village of Wellington, City of Boca Raton, Town of Lake Clarke Shores, American Farmland Trust, Farming for the Future Employment History 1998 - present 1988 -1997 1986-1988 1984 - 1986 Kathleen M. Rhodes 700 S.W. 17th Street Boca Raton, FL 33486 561-347-7249 phone/fax Nonprofit Development & Public Relations Consultant · Plan and execute fund development for start-up cultural arts museum in Delray Beach, Florida. · Conduct national publicity campaigns for book publishers, including Rizzoli and Grove/Atlantic. Target appropriate media outlets and "pitch" ideas for author appearances, book reviews and feature stories. Director of Fund-Raising Events & Communications National Multiple Sclerosis Society, New York City Chapter · Directed corporate and volunteer-based fund raising for non-profit health services agency. Developed and marketed new events. Raised more than $2.6 million annually through major events such as a corporate dinner, a gaming evening, a thoroughbred racing luncheon, a summer party for young professionals, a golf tournament and industry-specific awards events. · Managed corporate team recruitment for walk-a-thon and bike tours, which contributed 45% of $1.5 million in annual mass-market event income. · Recruited corporate, young professional and community fund-raising volunteers, from Board-level Fortune 500 executives to Scout troops. · Directed Society's communications activities, including editing quarterly newsletters and annual report. Oversaw all press outreach. Coordinated with direct mail and grants fund-raisers. Supervised full-time staffoffour. Special Projects Assistant, Revlon Foundation New York, New York Coordinated grant applications and served as liaison to nonprofit community. Associate Editor, Town & Country Magazine New York, New York Summer 1983 Education 1985 1975 -1977 Intern, Office of Economic Development, City of New Haven New Haven, Connecticut Yale University, New Haven, Connecticut B.A., Political Science, cum laude University of Oregon, Eugene, Oregon Honors College studies Interests and Volunteer Work PTA vice president and parent newsletter editor for elementary school. Member of Junior League of Boca Raton's committee for Delray Beach nonprofit In the Pines, a farm worker housing and child care center. Accompanist for Young Folk Fiddlers in Deerfield Beach. Firm Experience Firm Experience Parks and Recreation Grants: Florida Recreation Development and Assistance Program Approximately 15 successful applications over 5 years for Wellington, Boca Raton, Jupiter, Lake Park, Lake Clarke Shores and Palm Springs. Unsuccessful projects did not have the project details to gain sufficent points for funding. Land and Water Conservation Fund - Funded for Jupiter park acquisition funds. Florida Communities Trust - Approximately 6 applications with one funded (Wellington) and and two pending. Florida Boating Improvement Program - One pending grant application for recreational boating. Florida Waterway Safety - One funded program for Jupiter boating education. -~Florida Greenways and Trails - Numerous funded applications for bicycle trails in the Village of Wellington. Transportation Enhancement Program (ISTEA and TEA-21)- Numerous applications for bicycle and horse trails. Over $1 million funded in Jupiter. Florida Advisory Council on Environmental Education (FACEE) Program funded for Florida panther habitat protection for nonprofit organization. Police Department Grants: In Rem Solutions has extensive experience and background with Police grants. Many applications have been successfully filed for several jurisdictions in the following categories: Department of Justice: COPS FAST - Jupiter COPS MORE '95 - Jupiter COPS MORE '98 - Boca Raton Problem Solving Partnerships - Jupiter Universal Hiring Program (:over .$1 million funded) Boca Raton and Jupiter Block Grants · Jupiter and Boca Raton Troops to COPS - Boca Raton State of Florida: Motor Vehicle Theft Prevention - Not funded for Lake Park Florida Waterway Safety - Funded for Jupiter Police Department Section 410 Highway Safety for DUI programs - Jupiter 3 year grant Section 410 Highway Safety for Bicycle/Pedestrian safety- Not funded for Jupiter Office of the Governor Domestic Violence grant - Funded for Boca Raton Other: Florida Inland Navigation District Waterways Program applications for Boca Raton and Jupiter marine safety Pending Water and Road Utilities Maintenance: State of Florida Emergency Management Trust Fund grants Approximately 30 applications filed with a significant track record in a competitive field. Wrote the highest scoring application in the state in 1998. Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program Applications filed as appropriate after disaster declarations. Over $1 million received by Jupiter alone. Funding also to Boca Raton and Lake Park. Federal Emergency Management Agency (FEMA)-Drainage Mitigation Grant Program - Funded for Wellington. Beautiful Palm Beaches - Approximately five applications submitted for local municipalities. Three funded for Jupiter and Lake Clarke Shores. SFWMD Water Conservation and Education grant - Not funded for Wellington water conservation education program. Transportation Enhancement Program (ISTEA and TEA-21). Numerous applications for bicycle and horse trails. Over $1 million funded in Jupiter. FDOT Highway Beautification grants Community Development: TCRPC Planning Grant - Funded for Boca Raton planning charette. Palm Beach County Health and Human Services - Grant for operating expenses for The Haven. Community Development Block Grant Funds. Over $500,000 in CDBG funds for stormwater improvements in Lake Park. Successful application for $80,000 for Iow income housing project at In The Pines, Inc. Florida Department of State, Historic Exhibits - Jupiter history exhibit not funded. Greater detail about any grant is available upon request. Scope of Work Scope of Work In Rem Solutions will complete the following scope of work: Determination of Funding Needs Meet with staff to determine the City's most critical needs. Develop a grant strategy that identifies current funding programs available to match to funding needs. Communicate the grant strategy to the City Manager within 30 days of the last meeting with staff. Prepare Grant Applications Inform staff of requirements and advantages of grant applications. Write and file grant applications in coordination with City staff. Meet with funding sources to advocate grants to the City. Provide monthly reports to City staff on the status of funding proposals. Assist with public relations information about the grant. Grant Administration Assist staff with monitoring, evaluating and reporting on grant awards. Develop annual grant application process Establish a program for future City grantwriting. Train City staff in grantwriting basics to enable prepare applications in the future. staff to Cost of Services Cost of Services In Rem Solutions proposes the following services and fees as requested for a full grantsmanship contract in the City of Palm Beach Gardens Request for Grantwriting Services: 2. 3. 4. 5. Determine funding needs. Prepare City needs assessment. Research funding sources. Prepare and submit grant applications. Prepare award applications. The full grantsmanship contract will be provided for a fixed annual fee of $50,000. Fees include charges incurred for research, professional staff, office expenses and other overhead type expenses. Costs which are not covered by this fee include advertising and public notices, extraordinary travel expenses, engineering fees and other fees necessary to the submission of an application. These fees will not be incurred without prior approval of the client. Client List and References Client List Municipalities: Town of Jupiter-1994 to present Village of Wellington-1995 to present City of Boca Raton · 1998 to present Town of Lake Park - 1995 to 2000 Town of Lake Clarke Shores - 1995 and 1999 (as needed) Village of Palm Springs - 1999 (as needed) Village of Tequesta - 2000 (current) Nonprofit Organizations: The Haven - 1999 to present Farming for the Future - 1994-1995 In The Pines, Inc. - 1994-current (performed as a community service) Other: Martin County Health Department 2000 (current) Firm References 1. Town of Lake Park- Brian Sullivan, Assistant Town Manager. Town of Lake Park 650 Old Dixie Highway Lake Pai'k, FL 33403 (561) 844-4644 Client for four years. 2. Town of Jupiter- Thomas Baird, Interim Town Manager. Client for five years. Celeste Hanna, Administrative Assistant to the Town Manager. Town of Jupiter 210 Military Trail Jupiter, FL 33458 (561) 746-5134 3. Village of Wellington. Ken Roundtree, Public Works Director. Village of Wellington 14000 Greenbriar Boulevard Wellington, FL 33414 (561) 791-4023 Client for four years. Palm Beach Gardens Police Department-Currently under contract to complete a COPS MORE grant application. Lieutenant Robert Artola, Police Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799.4190 Proposal Form and Appendix A PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( ) Individual ( ) Partnership ( X ) Corporation ( ) Other (Specify) Name of Organization In Rem Solutionst Inc. Address 10268 Avenida Del Rio Telephone Number Business Address State FI., (561) 496-4636 10268 Avenida Del Rio Organized Date Proposer's Representative Title President. March 3~ 1994 Lisa N. (Or Individual) City Delray BeachState Tax I.D. # 65-0474230 City Delray Beach Zip Code 33446 FL Mulhali Proposed Total Fee to Provide Requested Services $50,000 Prices set forth above are firm proposals and are not subject to price adjustment except as defined in the General and Technical Specifications. Addenda received: None ATTEST: (Corporate Seal) PROPOSER: Sign~ur~.d ~.~, Title Title Date Date 11 APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Tn Ram .qolutions: Inc. (~oes not (circle appropriate response): (Name of Business) Publish 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. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling. 12 Samples of Work Town of Jupiter Grant Application to the - Stat~ of Florida Jupiter Regional Hospital Outfall Project Town of Jupiter 210 Military Trail Jupiter, FL 33458 (561) 746-5134 Contact Person: David Rotar April 21, 2000 STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM & FLOOD MITIGATION ASSISTANCE APPLICATION i~EMA- -DR-FL [] Standard HMGP E] Standard FMA [] 5% Initiative Application [] Application Complete [3 Initial Submission or {3 Resubmission Support Documents [3 Conforms with State 409 Plan [3 In Declared Area [] Statewide Eligible Applicant Project Type(s) [] State or Loca{ Government [] Wind [] Pdvate Non-Prof'~ (Tax ID Received) [] Flood {3Recognized Indian Tribe or Tribal Organization [3 Other Community NFIP Status: (Ch.~.~,~.ta,,~) ;t3 Participating Community ID #: ~ In Good Standing [] Non-Participating [3 CRS State Application ID ';tale Reviewer Reviewer Phone # Reviewer Fax # Reviewer Email: Date Application Received Signed Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (H/VlGP) and '51ood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require ,echnical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269. A. To Fill Out This Application: complete all sections which correspond with the type of proposed project General Application Sections: Environmental Review: Maintenance Agreement: Acquisition Worksheet: Elevation Worksheet: Drainage Worksheet: Wind Retrofit Worksheet: Attachment A: Attachment B: pp. 1-6: All Applicants must complete these sections pp. 7-10: Ali Applicants must complete these sections p. 11: Any applications involving public property, public ownership, or management of property pp. 12-14: Acquisition Projects only -- one worksheet per structure pp. 15-19: Elevation Projects only -- one worksheet per structure p. 20: Drainage Projects only pp. 21-22: Wind retrofit projects only (HMGP only) - one worksheet per structure FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable. HMGP/FMA Application Completeness Checklist: All applicants are recommended to complete this checklist B. Applicant Information FEMA-1249/1259-DR-FL Disaster name Hurricane Georges and Tropical Storm Mitch Title / Brief Descriptive Project Summary.__Jupiter Regional Hospital Outfall Project Applicant (Organization) Town of Jupiter Applicant Type XX State or Local Government [3 Recognized Native American Tribe [] Private Non-Profit 3. County Palm Beach County_ 4. State Legislative district(s).__ 27 Congressional District(s) 82/83 5. Federal Tax I.D. Number 59-6033967 6. FIPS Code* __099-3587500 (*if your F1PS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the Department may obtain a FIPS code for you) 7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained fi-om the FIRM map for your area) __125119 NFIP Community Rating System Class Number Class 8 ~; Attach any continuations or additional items to this page Page I of I1 10. Point of Contact [3Ms. XMr. [3Mrs. First Name__David Title _Utility Field Operations Coordinator Street Address_17403 Central Blvd. City Jupiter Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number Last Name Rotar Zip Code__33468-8900 Baird Last __Rotar Fax __(561) 743-8733_ Fax _(561) 575-9730__ State FL (561) 743-8733 Telephone (561 ) 746-8343 Fax Email Address (if available) DavidR~Jupiter. FL.US 11. Application Prepared by: ElMs. DMr. [3Mrs. First Name David Title __Utility Field Operations Coordinator~ Telephone _(561 ) 746-8343__ 12. Authorized Applicant Agent (proof of authorization authority required) DMs. DlVlr. DMrs. First Name------Thomas J. Last Name Title Interim Town Manager. Telephone _(561) 746-5134 Street Address__210 Military Trail City Jupiter State FL Zip Code__33458 Date 13. All proposed projects should be included in the county's Local Mitigation Strategy (LMS), please attach a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. Section 1. History of Hazards / Damages in the Area to be Protected A. Overview of Past Damages Describe all past damages from hazardous events in the project area (include name of storm, if applicable), including direct and indirect costs. Include Presidentially declared disasters as well as events that did not result in a Presidential declaration. Attach any supporting documents. Direct costs should include damages to structures and infrastructure in the project area as a result of the hazard. Indirect costs should include the cost to the local government to respond to victims of the hazard in the project area, any interruption to local businesses, and losses of public services (3 examples are provided for your reference). Date Frequency o£ Event Damages ($) Indirect costs (describe) October 1995 Flood of 1995 Extensive damage to properties within the Rarouting of (100 year storm) Town of Jupiter. Jupiter Regional Hospital emergency. was inaccessible as well as 1,700 residential vehicles. properties, 46 commercial properties and 7 public/institutional sites. Attach any continuations or additional items to this page Page 2 of 11 Section 11. Project Description A. Hazards to be Mitigated / Level of Protection I. Select the type of hazards the proposed project will mitigate: X Flood t3 Wind rn Storm surge D Other (list). Identify the type of proposed project: [] Elevation and retrofitting of residential or non-residential structure [] Acquisition and relocation El Acquisition and demolition {3 Wind retrofit X Minor drainage project that reduces localized flooding c3 Other (please explain) 3. List the. total number of persons that will be protected by the proposed project: _70,000 4. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 2.~3 structures protected against the 100-year (1%) flood) _1791 structures protected against the __l OO_ -yeax FIood (lo, 25, 50, lOO, or SOO ycarl __structures protected against __ mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements), include (attach to this page) ALL engineering calculations and design plans used to determine the above level of protection. 6. Project will provide protection against the hazard(s) above for 25 years (i.e., what is the useful life of the project B. Project Description, Scope of Work, and Protection Provided Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. In October 1995, the area surrounding the hospital was flooded. The storm that caused the flooding dropped approximately 18" of rain in 20 hours. The fixed weir structure and its limited discharge capacity was determined to be a contributing factor in the road flooding around the Jupiter Regional Hospital. This flooding made the hospital inaccessible to the 70,000 people it serves. This project will convert the existing outfall structure from a fixed weir structure to an operable structure. The retrofit will allow water to be discharged before a large storm, creating additional storage of stormwater. The structure can also be used during and after a storm to control the level of water in the canal and on the streets. This modification will allow the hospital to remain accessible during and after a storm. It also will reduce the potential property damage caused by flooding. Attach any continuations or additional items to this page Page 3 of 11 Section IlL Project Location (Fully describe the location of the proposed project.) A. Site 1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global positioning system (GPS) unit or the equivalent. Approximately 7100 feet south of Indiantown Road and approximately 5000 feet east of Alternative A 1A and the Intracoastal Waterway. 2. Is the project site seaward of the Coastal Construction Control Line (CCCL)? El YES X NO Provide the number of each structure type (listed below) in the project area that will be affected by the project. That is, all structures in project area. __1738 residential property 46 __ businesses / commercial property __6__ public buildings 1 __ schools / hospitals / houses of worship other B. Flood Insurance Rate Map (FIRM) showing Project Site X Attach a copy of the FIRM map, a copy of the panel information fa'om the FIRM, and, if available, the Floodway Map. FIRM maps are required for this application (if publlshed for your urea). Also, all attached maps must have the project site and structures clearly marked on the map. FIRMs are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local agencies or visit the FIRM site on the FEMA Web-page at htt~://www.fema.gov/home/MSC/hardcop¥.htm Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area). (see FIRM legend for flood zone explanations) [] VEorVI-30 [] AEorAI-30 [] AO or AH X A (no base flood elevation given) [] B or X (shaded) [] C or X (unshaded) [] Floodway [] Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project) [] If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FI-IBM) for your area, with the project site and structures clearly marked on the map C. City or County Map with Project Site and Photographs X Attach a copy ora city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. X Attach a USGS 1:24,000 topo map with project site clearly marked on the map. X For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map, etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if possible. X Attach photographs (2 copies each) for each project site. The photo~'aphs should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas which affect the project site or wilt be affected by the project. Attach any continuations or additional items to this page Page 4 of 11 Section IV. Budget/Costs In this section, provide details of all the estimated costs ofthe project. As this information is used for the Benefit-Cost Analysis, reasonable cost estimates arc essential. Since project administrative costs are calculated on a sliding scale, do not include them in thc budget. Also, do not include contingency costs in the budget. Land Acquisition $200.000 Retention Area $70,000 Mechanical/Piping/Electrical. $40,000 Subtotal $310,000 Dimension QuantiN Cost per Unit Cost Regional Outfall Water Control Structures Removal/Replacement CS #1 $60,000 Removal/Replacement CS #6 $60,000 Subtotal $120,000 Total $430,000 Total Estimated Project Cost $._430,000 Attach any continuations or additional items to this page Page 5 of l l D. Funding Sources (round figures to the nearest dollar) The maximum FEMA share for HMGP/FMA projects is 75%. The other 25% can be made up of State and Local funds as well as in-kind services. Moreover, the FMA program requires that thc maximum in-kind match be no more than 12.5% o£thc total project costs. HMGP/FMA funds may be packaged with other Federal funds, but other Fedora! funds (except for Federal funds which lose their Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for thc State or Local match. Estimated FEMA Share $ 262,500 61 % of Total (maximum of 75%) Non-Federal Share Estimated Local Share $ 123.750 29 %of Total (Cash) $ __ % of Total (In-kind) Estimated State Share $ 43,750 10 %of Total(Cash) $ __ % of Total (In-kind) $ __% of Total Other Agency Share (Identify O~her Non-Federal Agency Total Funding sources from above Other Non-FEM,4 Federal Funds (Identify Other Federal Agency $ 430,000 100 Total % (should equal 100%) $ (Do not include in total) ) E. Project Milestones List the major milestones in this project by providing an estimated time-line for the critical activities. Milestone [e.g.. Demolition of 6 sm~ctures and removal of debris Engineering Permitting Construction Number of Days to Complete 14 days] 120 days 90 days 90 days Attach any continuations or additional items to this page Page 6 of 11 Section V. Environmental Review (NOTE: Thisapplicationcannotbeprocessedifthissectionisnotcomplete,t) Because the HMGP/FMA are federally funded programs, all projects are required to undergo an environmental review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act (NEPA) and associated ~ Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. A. National Environmental Policy Act (NEPA) Documents All projects must have adequate NEPA documentation that enables the FEMA Regional Environmental Officer to determine if the proposed project complies with NEPA and associated statutes. The FEM.4 Mitigation Division Environmental Specialists provide comprehensive NEPA technical assistance for States and Applicants, with their consent, to complete the NEPA review. The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance process. If your project fits into one of the descriptions listed below: development of mitigation plans; inspection and monitoring activities; smdies involving only stafftime and funding; training activities using existing facilities; please include the following required NEPA documentation: [3 Detailed project description, scope of work, and budget/costs (Section I1 (p. 3) and Section IV (p. 4)) For all other projects, attach~nclude the following NEPA documents/information: Detailed project description, scope of work, and budget/costs (Section II (p. 3) and Section IV (p. 5) of this application) [] Project area maps (Section lit, part A & B of this application (p. 4)). Project area/sn-ucture photographs (Section III, part C of this application (p. 4)). Project alternatives description and impacts (part B of this section of the application (pp. 7-9)). A letter from the State Historic Preservation Officer (SHPO) regarding cultural resources (archeological and historic) in the project area (NOTE: Please inform the SHPO ifa structure to be altered is over 50 years old.) Provide any applicable information or documentation referenced on the "Information and Documentation Needs by Project Type" chart (page 10 of this application) B. Alternative Actions The NEPA process requires that at least two alternative actions be considered that address the same problem/issue as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the "No Action Alternative." 1. No Action Alternative Discuss the impacts on the project area if no action is taken. The hospital and surrounding properties will remain vulnerable to flooding. Access to the hospital during critical times may not be available. Attach any continuations or additional items to this page Page 7 of 11 Section V. Environmental Review; B. Alternative Actions, continued 2. Other Feasible Alternative Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project. Comptete all of parts a-e (below) and include enginecring details (if applicable). a. Project Description for the Alternative Describe, in detail, the alternative project. Also, explain how thc alternative project will solve the problem(s) and/or provide protection from the hazard(s). Build a stormwater pumping station for the hospital and the immediate area surrounding the hospital. The pumping station would allow a discharge directly to the Intracoastal Waterway. The project would also require reworking of the existing pump station for the properties to the north of the hospital. These properties discharge into the same canal. Changing the pump station would allow water to be stored and then released to the canal system. b. Project Location of the Alternative (describe briefly) [] Attach a map or diagram showing the alternative site in relation to the proposed project site [] Photographs (2 copies) of alternative site c. Scope of Work for Alternative Project Engineer a new pump station, permit the project and bid the construction. Attach any continuations or additional items to this page Page 8 of l 1 Section V. Environmental Review; B. Alternative Actions, continued d. Impacts of Alternative Project Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water Impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials. This alternative would require the purchase of additional land. Since this area is mostly developed, either property would have to be condemned or a wetland area would be impacted. This project would also require approximately 1.5 miles of pipe to be laid across developed land to get to the Intracoastal Waterway to discharge. The long term impact is the cost of maintaining a new pump station which is higher than maintaining an operable gate on a control structure. e. Estimated Budget/Costs for Alternative Project In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). 1. Materials Item Dimension Ouantit~ Cost per Unit Cost Please see attached itemized budget for alternative project. 2. Labor (Include equipment costs -- please indicate all "sotV' or in-kind matches) Description Hours Rate Cost Fees Paid Include any other costs associated with the project. Description of Task Hours Rate Cost Total Estimated Project Cost $__2,500,000.__ Attach any continuations or additional items to this page Page 9 of 11 Section Vl. Maintenance Agreement A Il applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting their application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The Town of__Jupiter , State of Florida, hereby agrees that (City, Town. C~unty) if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or fa.cilit.!es, acquired o,r constructed as a result of such Federal aid. Routine maintenance shall include, but not be nmlted to, such responsibilities as keeping vacant land clear of debris, l~arbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is !o make clear the Subgrantee's mainten, an. ce responsi.bilities follow, ing pro. j.ect award and to show the Subgrantee s acceptance of thase responsibilities. It cloes not replace, superceae, or ada to any other maintenance responsibilities imposed by Federal 1-aw or regulation and which are in force on the date of project award. Signed by Thomas J. Baird (printed or ~yped name of signing officiaO _Interim Town Manager Ititle) the duly authorized representative this 17 z~/~ (day) of .~,,D~','I (month), (year). Signature* *Please note: The above sigrn~re most be by an individual with legal signing authority for the respective Iocal government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) Page 10 of 11 DRAINAGE PROJECT WORKSHEET DRAINAGE PROJECTS ONLY A. Site Plan (required) [] A site plan, with alignment drawings, that includes the location, plan view and cross-section of cuts, fills and structures is required. Include the type, and measurements of all pipes, culverts, ditches, swales and detention/retention basins and ponds. Send the following engineering calculations as appropriate: [] Calculations used to determine the sizes of any culverts in the project area (drainage area, amount of flow, slope of culvert, invert elevations). [] Calculations used to determine the sizes of any ditches and swales in the project area (drainage area, amount of flow, slope and depth of the ditch). [] Calculations used to determine the size of any detention/retention basins and ponds (drainage area, amount of flow, stage-storage, and stage-discharge curves). B. Environmental Impacts (please attach the following, as appropriate) Both upstream and downstream impacts need to be considered and discussed in the NEPA documents and coordination letters. Letter from State Historic Preservation Office addressing impacts on cultural resources. [] [] [] [] Letter from the Army Corps of Engineers indicating whether a permit Is required for the project. Letter from the State Water Management District indicating whether a permit is required for the project. Letter from the Department of Environmental Protection indicating whether a permit is required for the project. Letter from the US Fish and Wildlife Service addressing impacts to wildlife. If project is in coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. If the project is located outside the city limits, attach a letter from the Natural Resources Conservation Service addressing impacts to prime and unique farmlands. C. Letter of Map Revision (LOMR) A Letter of Map Revision (LOMR) may be needed for this project. Any changes to the. Flood Insurance Rate Maps (FIRM) need to be reflected on the flood maps, which is accomplished through the LOMR process. The construction of this project may lower the 100-year flood elevation and thus, possibly lower the flood insurance rates for structures in the project area. If the LOMR process is applicable to the proposed project, please contact the Department for assistance at (850) 922-5269. Do Project Scheduling Note below (or attach to this page) any special circumstances regarding project scheduling. Attach any continuations or additional items to this page Pagellof 11 FEDERAL EMERGENCY MANAGEMENT AGENCY REQUEST FOR PUBLIC ASSISTANCE O.NLB. No. 3067-0151 Expires Apd130, 2001 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 10 minutes. 'I'ne burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the .n. eeded data, and comple~n, g .and submitting the forms. I You are not required to respond to this collection of information unless a valid OMB control number ~s &splayed in the upper right · comer of the forms. Send commenm regarding the accuracy of the burden e~6~ate and any suggestions for reducing the burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Projec~ (3067-0151). NOTE: Do not send your completed form to this address. APPLICANT (Pc/~ suJ:xY~fs/on or ~igible applicanL) I DATE SUBMH I ~ Town of Jupiter I 4/21/00 COUNTY (Loca~on of Damage& If located in multiple c~unfies, plee~e b~dicate.) Palm Bea. ch County APPLICANT PHYSICAL LOCATION TREE3' ADDRESS 210 Military Trail c~ Jupiter TREET ADDRESS same COUNTY Palm Beach STATE FL MAIUNG ADDRESS (If different from Physical Location) IZIP CODE334 5 POST OFFICE BOX NAME I CITY Primary Contact/Applicant's Authorized Agent lAME I STATE ZIP CODE Alternate Contact David Rotar David Brown ~TLE Utility Field Operations Coord. Director of utilities BUSINESS PHONE (561) 746-8384 FAX NUMBER (561'} 575-9730 HOME PHONE (Optional] CELL PHONE (561) 310-2722 E-MAIL ADDRESS DavidR@Jupi ter. FL. US PAGER & PIN NUMBER BUSINESS PHONE (561) 746-5134 FAX NUMBER ~5611 747-5634 4OME PHONE (Optional) CELL PHONE E-MAIL ADDRESS DavidB~Juoiter. FL. US PAGER & PiN NUMBER Did you participate in the Federal/State Preliminary Damage Assessment (PDA)? [] Yes [] No Private Non-Profit Organization? [] Yes [] No If yes, which of the facilities below best describe your organization? Title 44 CFR part 206.221 (e) defines an eligible private non-profit facility as: "... any p~vate nor~profit educational, utility, emergency, medical or custodial care facility, including a faci ity for the aged or disabled, and other facility providing essential ovemmentaJ type services to the generat public, and such facilities on Indian reservations.' 'Other essential governmental sen/ice facility' means museums, zoos, community canters, libraries, homeless shelters, senior Gt~.en centers, rehabilitation facilities, shelter workshops and facilities which provide health and safety services of a governmental nabJre. All such facili~es must be open to the general public. Private Non-Profit Organizations must attach copies of t~eir Tax Exemption Certificate and Organization Charter or By.4.av~. If your organization is a school or educational facility, please attach information on accreditation or certification, ................. REPLACES ~ P.~='~naUS E~mo.s. Travelers Property Casualt~'~" Flood Insurance Program .4 M,mb#r Gl 7'ro~lerJGrot;.p 0 PO Box 34272 Bethesda. MD 20827 STANDARD POLICY EFFECTIVE AT 12:01 AM 05/29/1999 TO 05/29/2000 NEW POLICY DECLARATIONS POLICY NUMBER: 6500133043 NAMED INSURED AND MAILING ADDRESS: TOWN OF JUPITER C/O JAN CADENHEAD 210 MILITARY TR JUPITER FL 33458 INSURED PROPERTY ADDRESS: 600 S OLD DIXIE HWY ELECT EMERG GEN BLDG STORM PUM JUPITER FL 33458 PAYER: INSURED FIRST MORTGAGEE ! LENDER NAME: LOAN NUMBER: SECOND MORTGAGEE ] LENDER NAME: AGENT NAME AND ADDRESS: PLASTRIDGE AGENCY lNG 820 N FEDERAL HWY/33483 P.O. DRAWER 730 DELRAY BCH FL 33447 0730 LOAN NUMBER: OTIIER MORTGAGEE ! LENDER NAME: 561-275-5221 LOAN NUMBER: PROPF, RTY DESCRIPTION BUILDING: ONE FLOOR WITH NO BASEMENT NON-R~ES~DENTIAL NOT SMALL BUSINESS NON ELEVATED BUILDING CONTENTS: RATING INFORMATION PROGRAM: REGULAR ZONE: B YEAR BUII,T OR SUBSTANTIALLY IMPROVED: AFTER 01/01/82 COMMIJNITY NAME: PALM BEACH COUNTY COMMUNITY NUMBER: 120192 COMM. RATING DISCOUNT: 05% ELEVATION DIFFERENCE: AMOUNTS OF INSURANCE BASIC COVERAGE BUILDING: $13S.000 CONTENTS: $0 RATE X 00.37 X 00.00 ADDITIONAL TOTAL PREMIUM COVERAGE RATE PREMIUM PREMIUM SE00.00 ~29,800 X O0.ll - $33.00 $ 533.00 $0.00 $0 X O0.OO - $0.00 $ 0.00 TOTAL BUILDING COVERAGE: BUll,DiNG DEDUCTIBLE: TOTAL CONTENTS COVERAGE: CONTENTS DEDUCTIBLE: $0 $0 SUBTOTAl,: OPTIONAl, DEDUCTIBLE ADJUSTMENT: COMMUNITY DISCOUNT: PROBATION SURCHARGE: EXPENSE CONSTANT: INCREASED COST OF COMPLIANCE PREMIUM: TOTAL WRITTEN PREMIUM: FEDERAL POLICY SERVICE FEE: TOTAL PREMIUM PAID: PLEASE REFER TO THE GENERAL PROPERTY POLICY FORM FOR A FULL EXPLANATION OF COVERAGES PREMIUM INCLUDES COVERAGES FOR ICC AS OF JUNE 1, 1997. REFERENCE SFIP ARTICLE 4. 633.00 13.00 26.00 0.00 50.00 6.00 S50.00 30.00 .680.00 Dep~cmenz of Public safety 20 $, Military Trail West palm Beach. FL 33415 (561) 712-6470 F~: (561) 712-6490 www.co.palm-beach.fl.u$ l~alra Beach County Board of County Commissloner~ Maude Ford Lee. Chair v~U'ren H. Newell. Vice Chairman Carol A. Rober~ Mary McCa~y Tony Masilot~i C~unty AdmlnlscraCor Robert Weisman Equal August 23, 1999 · Mr. Joseph Myers, Director Division of Emergency Management Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, F1 32399-2100 )ear Mr. Myers: ['he Palm Beach County Board of County Commissioners on behalf of the unincorporated county and its municipalities, is submitting the following mitigation projects for federal supplemental funding of needs associated with past disasters. Palm Beach County has coordinated these projects With the udsdictions that submitted mitigation projects. Each jurisdiction agreed to the allocation based on the original submission and increased their local match in order to ensure completion of the proposed projects. These mitigation projects will reduce past vulnerabilities and will help prevent future flooding in the county. Following is the distribution of funding allocation by jurisdiction: Unicorporated Palm Beach County N. Palm Beach Improvement District City of Jupiter City of Riviera Beach City of Tequesta City of West Palm Beach $329,777.95 $299,798.14 $891,075.01 $75,054.49 $262,323.37 $149,899.07 Attached are the individual project proposals for each jurisdiction. For additional information please contact William F. O'Bfien, III, Director, Division of Emergency Management 561-712-6400. Sincerely, Maude Ford Lee, Chair Palm Beach County Board of County Commissioners C: Members of the County Commission Robert Weisman, County Administrator Vincent J. Bonvento, Assist. Co. Administrator Affected Cities ½ SITE LOCATION MAP FOR REGIONAL HOSPITAL OUTFALL HOSPITAL OUT,ALL DONALD ROSS RD ]II[II - APR 19 ~000 11:41 AM FR H S fT PIERCE 561 489 0~99 TO JUPITER OPS P,O~ 1) ? Street Pump ~tation Retention Area Land Acquisition $ 200,000 Retention Area $ 70.000 Mechanicat/Piping/~51ectdcal $ 40,000 Contingency ~ 40.000 Subtotal $ 350,000 Regional Outfall Water Control Structures Removal'Replacement CS #1 $ 60,000 Removal/Replacement CS ~6 $ 60,000 Contingency $ 30,000 Subtotal '~ 150.000 Total Alternative - Regional Hospital Pump Station Pump Station and Force Main $ 2,500,000 FtP. 40236M010 TOTAL PAGE.04 ** APR 19 2000 Ii:41 AM FR H S FT PIERCE ~N RD. i AREA---' EXISTING 7t L__ TOWN OF JUPFfER U~iLITiES DEPARTMENT AREA "C" 7TH STREET PUMP STATION ROSALIND HELENE FISCHEL 5935 Forest Hill Blvd. 11-6 West Palm Beach Florida 33415. 561-965-8134. FAX: 561-964-1817+ E-MAIL: rfischel@flinet, com PROPOSAL FOR GRANT WRITING SERVICES CITY OF PALM BEACH GARDENS TUEDSAY, JUNE 27, 2000 ROSALIND HELENE FISCHEL LETTER OF TRANSMITTAL It is my pleasure to submit a proposal for Grant Writing Services for the City of Palm Beach Gardens, Florida. My experience as a Marketing Communications Professional specializing in a diversity of Media Government & Public Relations skills may be very relevant to your current needs. The accompanying resume highlights some of my accomplishments. Specifically, I can bring to task the demonstrated vision, skills and entrepreneurial experience to satisfy the scope of services through three key competencies that successfully achieved solid results during my tenure and service for the City of West Palm Beach: #1 Conceptual Development/Funding of Capital Programs encompasses the development, implementation and marketing of appropriate identified funding programs over an extended period of time. It is my belief that accomplished appropriation and revenue results demonstrated over expanded long-range planning is of "key" importance when determining the appropriate Proposer of such Grant/Appropriation Services. Therefore, I would like to offer for consideration the generated process utilizing "intermediaries" that helped to established my successful record of accomplishments by allowing a multiple of collaborated efforts working in conjunction with established contacts, relationships, and specific consultants to reach the desired results. These individuals potentially could be authorized to make presentations when deemed necessary. Established and future potential contacts and or collaborations would be necessary to achieve positive results. Such multiple collaborations could be with: Government Lobby and Public Relations Firms; Engineering Consultants and local, county, state and federal elected officials. #2 Marketing Project Management equally important to the process, supports the necessary "consensus building" not only vital for securing identified funding, but to generate the positive support necessary for the desired results. Thus, marketing the distinct advantages of any funding program and or initiative requires educating not only the leadership of the community, but the residents and visitors as well My primary focus and experience representing municipalities has been in the assistance of lobbing to secure appropriations and or revenues for specific identified projects/initiatives and in the conceptual strategic marketing of those planned projects and or initiatives. Part of this process is working closely with local, county, state and federal staff to identify projects and the development/promotion/preparation needed to secure government funds. Specifically, this included several media (film &print) related programs: Educational Film Archival Programming addressing the significant features, advantages and impact of the given project. Archiving significant city projects provides an enormous service to the community and future generations; not only providing the immediate function of education/promotion but equally important, generating the appropriate legal blue print documentation necessary to move the community forward embracing the evolution of growth as the community continues to change. #3 Government Relations serves an important function in this process which is vital to the ultimate success of any generated program and or initiative. Through my seven year tenure with the City of West Palm Beach and a multiple of working relationships both private sector and public including such government agencies as the Florida Department of Environmental Protection, Florida Department of State, South Florida Water Management District, the Environmental Protection Agency, key local, state and federal elected officials, lobby/public relations and engineering consultants, we successfully provided the professional representation that secured revenue returns of $24 million in funding revenues for Environmental, Water Resources and Economic development. And during the most recently concluded 2000 Florida legislative session those same collaborative efforts representing West Palm Beach secured $1,500,000 in storm water projects for the City as well. ROSALIND HELENE FISCHEL would represent the City of Palm Beach Gardens for purposes of providing: A) Determination of Funding Needs B) Preparation of Grant Applications C) Grant Administration D) Development of Annual Grant Application Process I am recommending for consideration the "Scope Of Services" mentioned above including all other considerations made throughout this proposal to be executed in a Phase Process. PHASE I Determination of Funding Needs As selected representative I would meet with City Council, City Manager, City Finance Director and designated City staff, City consulting engineers and appointed Lobby/Public Relations Representatives directly charged with program development utilizing the combination of securing local, state and ferderal means of funding in the effort to fully develop a comprehensive understanding of the City's current and future desired program development needs. PHASE H Preparation of Grant Applications Upon the collaborated efforts mentioned in Phase 1, I would develop and formulate the funding strategies for the City's designated programs and or initiatives in coordination with City Staff; meet with funding resources to advocate to the City; submit the appropriate reports to the City with recommendations for specific funding opportunities and appropriate mechanisms necessary, then meet with designated City Staff and project team to develop the best strategy for implementation. PHASE III Grant Administration After receiving City Council approval and the coordination of certain key criteria regarding the appropriate mechanisms secured from the entire project team representing the City and with the Coordination of City Staff for support and consensus, I would write and file approved Grant Applications. Key in this phase to project funding would be working closely with those representing the City with designated state and federal representatives and even meeting with selected Government Staff to discuss City projects. Maintaining consistent tracking of each submission along with the appropriate planned strategy of marketing, promotion and or "consensus building" would be scheduled accordingly and supported with the appropriate process of written reports to designated City Staff and or project management team reporting implementation monitoring/tracking, informing the status of each current grant and or funding program. Monthly reports will be appropriately submitted informing all activities regarding the submission and tracking of each grant and the assigned implementation of each planned marketing and or promotional initiative. *The development of any format media program demands effective timing and disciplined pre-production and post-production preparation with allocated budget appropriated and supported for each individual funding project, initiative and or grant. PHASE IV Development of Annual Grant Application Process Maintaining direct and frequent contact with key legislative delegates and appointed Lobby Representation monitoring and tracking funding submittals would be vital for desired results. Thus, a consistent annual planned projection of funding opportunities would be determined within the same phased process, lam confutent that l can provide Palm Beach Gardens ~,ith the requested "Scope Of Services" with the consideration of key recommendations made in this proposal. Effective results for the City of Palm Beach Gardens, depends upon the appropriate qualified candidate that understanc[s the collaborative process of federal, state and local funding programs and maintains a close working relationship with the most effective lobbing consultants that can deliver clear program communications and mechanisms to the Federal Government, the Florida Legislature & Bush Administration and the Palm Beach County government. Thank you for your consideration ROSALIND HELENE FISCHEL 5935 Forest Hill Blvd. 11-6 West Palm Beach, Florida 33415 r fischel Cs iqinct.com Home 561-965-8134 Pax 561-964.1817 MARKETING COMMUNICATIONS PROFESSIONAL with a fifteen year record of achievement in Media Project Management. Focused on environmental conservation .and preservation, urban restoration, economic redevelopment, historical landmark res{oration. Solid experience at municipal, regional and state levels. SPECIAL QUALITIES · High level of computer literacy, Microsoft Word/Office. Quark, Adobe Photo/Premiere. Windows NT, Avid Technology, D-Vision Proficiency ~n structuring effective long.range marketing plans · Highly motivated and resourceful manager · Excels in crisis management situations · Grasps quickly new concepts and change · Dedicated team player with a reputation for personal and professional integrity · Excellent interpersonal and negotiation skills KEY COMPETENCIES Conceptual Development of Capit~l Programs: · Implemented regional capital improvemcm plans for the Everglades wetland, the only municipality owned natural surface water system in North America; · Developed a major rcgional Environmental Education facdity in Palm Beach Counly to enhance awareness of the ecological importance of the Everglades and thc Loxahatchce Slough River and Estuary; · Promoted a $350 million Urban Redevelopment Project that converted 75 acres of urban core into a "National Spotlight" success story. Marketing Project Management: · Created, developed and produced long-range strategic marketing plans within film archival programs. Produced the City's first Environmental/Educational film documentary sears. Thc series addressed economic and environmental issues towards a "sustainable" South Florida for future generations; · Developed, produced and marketed a priority driven film addressing the historic and economic significance of preserving the oldest Spanish Mission Church in South Florida. Targeted public officials, residents and community leaders to gain support for state and federal funding through Historical Government Relations: quality of life in neighborhood-based urban and depressed areas Incorporated the funding process for micro.enterprise roans and urban brownfi¢lds cleanup and redevelopment; RESULTS ACHIEVED · Implemented Legislative/Environmental Programs with demonstrated results enabling the state Of Florida to receive $12 million and the City S20 million in state and local funding. · Devised Innovative l..£gislative Marketing Strategies totaling returns of S30 million in funding revenues for Environmental. Water Resources. and F~:onomic developrncm. · Achieved restoration revenues for the projected Architectural and Cultural Center for the City's most recent economic success story, "City Place," a two million square foot mixed use venture · Produced an Award Winning Environmental Film Series. 0' Produced Environmental Educational Programming. · Achieved "Market Consensus" on local, regional and state levels for funding of the City's Environmental/Legislative Agenda. · Advised and recommended programming and communications policy and negotiated efforts to support long term marketing and commumcation needs relating to the City's economic and environmental development, · Provided successful Project Management over graphical and media programming in all formats for the City's Environmental and Legislative Programs. RELEVANT WORK HISTORY in the public sector: City of West Palm Beach. (encompasses 50 square miles (40% wetlands) population of 90,000. 1993-p~¢scm Marketing Media Project Coordinator, Mayor's Office promoted from Marketing Media Specialist, Mayor's Office/Public Utilities promoted from Marketing Media Legal Research Specialist, City Attorney's In the private sector: Producer/Scholarship Program, Columbia Broadcasting System, West Palm Beach, FL, 1992.1993 Marketing Consultant, Mental Health Association of Pennsylvania, Philadelphia, PA, 1990.1991 Director. Anorz Productions {nc, Moorestown, NJ. 1984-1989 CURRENT ASSOCIATIONS AND AFFILIATIONS Association For Innovative Marketing · National Center For Film Preservation · Women in Advertising and Marketing · Women in Commumcations EDUCATION Studies towards MAYJD BA, Mass Communications, ~/harlon/Annenberg. University of Pennsylvania; A.D. Communications/l=ine Arts, Montgomery County Community College. Rosalind Helene Fischel 4935 FOREST HILL BLVD., BUILDING 11-6 * WEST PALM BEACH, FL 33415 Production / Programming Credits Beyond Tomorrow An educational documentary film addressing economic and environmental issues towards a sustainable future. A 21-minute program addressing 14 points of vital criteria facing the City of West Palm Beach and South Florida and marketing the City of West Palm Beach as the driving force in their proactive and innovative approach addressing each strategy in providing appropriate policy and technologies in the effort to secure environmental and economic sustainability for future generations in the next century. Passages of Dreams A priority driven educational/historical film addressing the historical significance of the oldest Spanish Mission Church in South Florida. Appealing to funding sources in the state, through Historic Preservation Resources, achieving restoration revenues for the projected Architectural and Cultural Center for the city's most recent economic success, 'City Place", a 2 million square foot mixed use venture. Raincatcher The city's first environmental/educational film documentary addressing the significant issues regarding the city's Water Resource Programs. A ten-minute film, educating the city's residents, visitors and public servants about the historical significance of the city's Loxahatchee Slough which provides the City of West Palm Beach w~th their water resources and remains one of the only existing water surface system left in North America. Act Now The Mental Health Association of Pennsylvania. A six-minute film information commercial addressing the successful advocacy implemented for those persons with serious mental illness. Hometate$ The Mental Health Association of Pennsylvania, Project Share. A unique theater piece exploring issues of homelessness among the mentally ill. Excerpts A collection of archival footage documenting the many guests appearances on a variety of national televisions shows of Joseph A. Rogers, President of the Mental Health Association of Pennsylvania and Project Share. Media Access Accommodation Project The Mental Health Association of Pennsylvania. The Media Access Accommodation Project produced archival footage for forums, coalitions and seminars relating to all national events regarding this country's Mental Health Care System. The Summoning of Every Man by Herbert Payne Annenberg School of Communications, Theater Arts Division. A musical film production addressing the issues of life and death. Medford Ford Television 60-second commercial, Anroz Productions. Classic Cam Television 60-second musical commercial, Anroz Productions. DelMonte Foods Eastern Distribution Center, Philadelphia, Pennsylvania. Eight-minute film production demonstrating technology upgrades for Eastern Distribution. GMA/FMI Guideslines/Pallet Wrapping. A three-minute film addressing technology guidelines for new technology. TCM Equipment Incorporated Corporate film production addressing the design and development of a new line of vehicles. Film Series Proposal Structured and developed the first conceptual 12 part series for the Corporation of Public Broadcasting, addressing this country's 100 year old falling Mental health Care System and addressing the "issues" in our society's struggle to care for the mentally ill--those million persons who are doubly disadvantaged-- sick and poor! B. PROFILE OF QUALIFICATIONS I am a Marketing Communications Professional with afifleen year record of achievement in Media Project Management focusing on environmental conservation and preservation, urban restoration, economic redevelopment, historical landmak restoration and telecommunications for the public sector and educational and commercialprogramming for the private sector. A creative and business background combined I have established andprovided specialized marketing/communications experience with solid government marketing/public relations skills and media project management expertise. I am an award winning educational film archival producer and photojournalist as well. Programming experience includes National Advertising Council film ads for Mental Illness, National Campaign Ads for Toyota and Del Monte Foods to Political and PAC · public service ads and Educational Documentary Programming on various subject material Primary focus most recently has been devoted to Water Resources and Environmental Conservation. Through established working relationships with various governmental agencies and key local, state and federal elected officials, I have assisted in securing multi-million dollar funding opportunities as well as building/developing public consensus regarding various local and state initiatives for leadership representing the City of West Palm Beach. I am a graduate of the University of Pennsylvania with a dual Bachelor of Arts degree in Communications and Marketing and Studies towards an advanced inter-disciplinary Masters and J.D, Annenberg/Wharton/Penn Law Schools, Philadelphia, Pennsylvania. I have a solid understanding of the Complexity of legislative issues confronting local municipalities and believe that I could successfully provide the scope of services requested for Grant Writing Services as a representative to the City of Palm Beach Gardens. My resume is attached. C. EXPERIENCE I have served as Marketing Media Project Coordinator for the City of West Palm Beach with the primary focus of assisting the Mayor's Office and Public Utilities in securing program funding and the marketing and development of those various capital funding programs and initiatives. Over the past seven years under two Mayoral Administrations and the leadership of Erik Olson, Director of Public Utilities, Assistant City Administrator for Legislative and Environmental Programs, I assisted in the collaborative process of securing long range funding opportunities with returning revenues of approximately $24 million in state and federal grants for various Water Resource and Environmental programs and Initiatives: Storm Water and Alternative Water Supply Projects; Florida Department of Environmental Protection for Storm Water and Wastewater Projects; South Florida Water Management District local funding for Water Supply; and Florida Department of Education funding for the Lexahatchee Preserve Nature Center. Significant to these returns and supporting effective "consensus" building for those funding initiatives, I created, produced and implemented appropriate educational and environmental programming through film documentary and various print and fine art media promotion. Most recently, I have assisted the City of West Palm Beach in the management of the City's federal and state water funding proposals during the 2000 Legislative Session and coordinated the Second Annual South Florida Federal and State Legislative Dinner Meeting at Ibis Country Club supporting the development and communication of stronger working relationships between City leadership and our federal and state representatives. D. SAMPLES OF WORK *Actual Funding Applications are the property of the City of West Palm Beach and of collaborating City Consultants. *Programming and promotional samples enclosed. E. COST OF SERVICES It is my sincere belief along with my record of solid experience that the appropriate compensation required reflecting the "Scope Of Services" requested, generating the projection of desired results be negotiated upon the understanding of the complexity and needs of the City Of Palm Beach Gardens. It should be noted with though(ful considerati~in, that the "Scope of Services" provided in this RFP calls for the execution of duties and responsibilities that would need to be defined in more detail. Understanding the "Scope of Services" as provided, I wouM like to bring to the table the following suggestion: The City of Palm Beach Gardens and the awarded Proposer might be better served appropriately by housing the Proposer on-site for obvious reasons listed below: · Effective time management and computerfile documentation secured in house · Consistent availability of key personnel/staff regarding clear communication of City vital statistics, information and documentation · Effective scheduling of key meetings for all stages ofproposedproject initiatives · Identifying and developing Funding Strategies is an intensive communicative collaboration and quite often an evolving process necessitating consistent meetings for detailed clarification of terms, conditions and requirements that only key staff personnel can generate effectively. · Time constraining funding application requirements eliminates part-time status of any legitimate Proposer. · Meetings scheduled with any outside resources, should be encouraged on site to further support stronger consistent communication of funding strategies allowing City Staff relationships to evolve for future and on going work · Marketing/Public Relations development shouM only be conceptualized on site to ensure the consistent evolution of consensus and approval of City Management as it evolves. · Assisting City Staff whether monitoring, evaluating or reporting effectively · Developing annual grant application process and training key staff Marketing and or Programming supporting any effective funding opportunity demands close on site development with consistent communication between designated City Staff andproject team from conception to completion. · Key emphasis regarding effective time management should be focused on the development of the appropriate relationships, collaborations of all lobby/public relations consultants and or specific program consultants to further engage and support detailed information and direction for desired funding results F. CLIENT LIST City of West Palm Beach City Hall 200 2ns Street West Palm Beach, Florida 33401 Joel T. Daves, Mayor 561-659-8025 *Attached, please find the appropriate programming list of private sector clients. F. CONSIDERATION OF PROPOSALS I will bepresentfor the submission of Proposals in the City Council Chambers at 2 p.m., Tuesday, June 27, 2000 to present to the Selected Committee any oral presentation requested. COMPETENCY OF PROFESSIONALS Upon the recommendation submitted in this proposal I feel confident in satisfying the requested "Scope Of Services" on behalf of the City of Palm Beach Gardens. My record of accomplishments speak for themselves and the enclosed programming features demonstrate the successful educational marketing programming supporting significant City funded programs over the past seven years of public service. I make myself available at your convenience. TERM I understand the initial term of contract to be for one year and may be extended for two additional one year periods. JUH 13 '00 12:21PM Pgl._mq BE(~ C4~DEMS P. 12 PROPOSAL FORJ~[ In completing the information questions below, if additional space is needed, atlachrnents to this forra arc acceptable. (~/) Individual ( ) Paitnership ( ) Corporation ( ) Other (Specify) Address ~o~6'~g~-'/~;// ,,(Or,,Individual) Telephone N(Lmber~4 T~ I.D. # BuslnessAddress ,-.~,~,6/~' ,~800~ City State c:~ $~'~ ~'~ ..~- Zip Code. Organized Date Proposer's Representative. Title Proposed Total Fee to Provide Requested S?vices · $ .,.~! ~O Oo ~'/~r~ (/~ ~y/O~dT~) Prices set forth above ~'e firm proposals a~u ~'e not subject to pnde adjusffnent except as defined in the General and TecImical Specifications, Addenda received: (Corporate Seal) tt~,r,o~.'~'~ ~,!,, ~rn [xp. 11~712001 Signature Tle PROPOSER: 11 ROSALIND HELENE FISCHEL 5935 Forest Hill Blvd. 11-6 West Pahn Beach Florida 33415 561-965-8134 Fax: 561-964-1817 e-ntail: r~*chel@t~inet, co,I PROPOSAL FOR GRANT WRITING SER VICES CITY OF PALM BEACH GARDENS TUESDAY, JUNE 27, 2000 As stated under General Terms and Conditions, "Specifications'; PREPARATION OF PROPOSALS, third paragraph: Any deviation from the Specifications must be explained in detail; And Any exceptions or clarafications to any sec~n of the Specifications shall be clearly indicated on a separate sheet attached to the Proposal Form and shall specifically refer to the applicable specification paragraph and page. PLEASE NOTE: Indicated on the PROPOSAL FORM, Proposed Total Fee to Provide Requested Services. Indicated under section E. COST OF SERVICES, I have explained itt detail the need to understand the degree of cotnplexity regarding the City's needs, there-by requirittg City Leadership's consideration of those detailed recommendatiotts a~td suggestions put forward itt my proposal. Throughout the proposal, I have explained with thoughtful it, tention attd recomme~tdations, generatittg the ultitnate desired results as defined itt the RFP, "Scope of Services". It is tny expectation to be competitive, (the Awarded Proposer) attd bring to the table the skills attd qualificatiotts to effectively achieve results for the City Of Palm Beach Gardens. Important to the submission of the proposal, would be to convey to City Leadership a process that will benefit the City in terms of securing consistent revenues over an extended period of time that defines the criteria and delivers the impact you are striving to achieve. After reading the enclosed proposal, I would hope that City Staff further consider those suggestions and or recommendations, which would not only prove to be cost effective, but support the developntent of the City's long range futtdittg plans defi~ted under the "Scope Of Services" of this RFP. Thattk You.t APPENDIX A Drug-Free WorkPlace Form Attached A published statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use o fa controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling. JUM 13 '00 12:32PM PALM BEACH GARDEMS P.13 APPENDIX A DRUG-FREE WORKPLACE FORM /- The undersi.~ed ,,ver~lor in ~ccordance, with Florida Statute 287.087 hereby certifies thst (~"~-.4'~./_/~-~~ does/does not (circle appropriate response): (Name of Bus, ess) /. 1. Publish a statement notifyiag employees that the unlawful manufacture, distribution, dispensing, possession, or use of a contrOlled substance is prohibited ia the workplace and speeifyiag the actions that will be taken against employees for violations of such prohibition. Inform employees about the danger of drug abusc in thc workplace, the busincss's policy of maintaining a drug-fi.cc work'place, any available drug counseIing, 12 ROSALIND HELENE FISCHEL 5935 Forest Hill Blvd. 11-6 West Palm Beach, Florida 33415 Office: 561-965-8134 Fax: 561-964-1817 rfischel @flinet.com REFERENCES Mr. Erik Olson 5781 Lonewood Court Jupiter, FL 33458 561-744-3922 Most Recent Immediate Supervisor Mr. Pat Painter Gaia Consortium, Inc. 12887 Ramond Drive Loxahatchee, FL 33407 561-310-1893 Close Friend & Colleague Mr. Albert Zucaro City of West Palm Beach President of City Commission 200 Second Street P.O. Box 3366 West Palm Beach, FL 33402 561-659-8025 President, City Commission Ms. Theresse Dubouchet 200 Second Street West Palm Beach, FL 33402 561-659-8020 City Clerk Proposal to Provide Grant Writing Services to the City of Palm Beach Gardens Began H~ar 171 Commercial Boulevard, Suite 27 Naples, Florida 34104 (941) 261-0094 TABLE OF CONTENTS Section of Proposal LETTER OF TRANSMITTAL · PROPOSAL FORM · DRUG-FREE WORKPLACE FORM TAB PROFILE AND QUALIFICATIONS ........................................................................................................................... 1 EXPERIENCE ................................................................................................................................................................ 2 SAMPLES OF WORK .................................................................................................................................................. 3 COST OF SERVICES .................................................................................................................................................... 4 CLIENT LIST ................................................................................................................................................................. 5 Berryman & Heniga6/nc. The Power to Change The Power to Build June 23,2000 Office of the City Clerk City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: REQUEST FOR PROPOSALS - GRANT WRITING SERVICES Dear Members of the Selection Committee: Berryman & Henigar is pleased to submit this proposal to the City of Palm Beach Gardens to provide the following services: 2. 3. 4. Determination of Funding Needs Preparation of Grant Application Grant Administration Development of Annual Grant Application Process This proposal describes our qualifications and approach that will be used to obtain and manage grants for the City of Palm Beach Gardens. Berryman & Henigar has many years of experience in the field of grant research, grant preparation, and grant administration. We specialize in the CDBG program but also are familiar with many non-CDBG grants programs. The following summarizes some of the reasons why we feel the City should select Berryman &Henigar as its grants consultant: Location: Your grant project will be managed by Andy Easton who is located in the Berryman & Henigar office in Tallahassee. This location allows us easy access to the State grant offices in Tallahassee. We also have stafflocated in Naples, Tampa, Orlando, Ocala and Crystal River. General Qualifications: Berryman & Henigar provides a full range of commu~aity development services We have a staff of nearly 100 professional and support staff located in offices throughout the State of Florida. Our services are of the highest quality. We are detail oriented and view our role as providing the City with the best customer service possible. Our present personnel have provided grant funded project administration, engineering and construction management services for a wide variety of projects. Our Grants Administrator, Mr. Andy Easton, has over 10 years of CDBG grant administration experience. He has an MS degree from Florida State University in Public Administration, is a member of the American Institute of Certified Planners (AICP) and has received extensive training from the American Economic Development Council. 171 Commercial Boulevard, Suite 27, Naples, Florida 34104 (941) 261-0094 ~, Fax (941) 261-3741 ~ w~v,,v.bhiine.com An Equal Opportunity Employer Our Unique Qualifications for this Project: Because the stalTat Berryman & Henigar are trained and have experience in virtually all disciplines related to the community development process, we are well suited to provide the City of Palm Beach Gardens with grant/loan research, application and administration services. We have expertise in the following areas of local government; Comprehensive Planning, Economic Development, Recreation Planning, Hazard Mitigation, Engineering, Landscape Architecture, Environmental Planning and Design, Construction Management and Financial Analysis. This broad range of expertise will be made available to the grant writer to assist in the grant/loan development process. When writing grants, it is important to have an understanding of both the grant writing/administration process and of the engineering, planning, environmental or other programmatic characteristics of the problem that the grant funds will be used to address. Since we are truly a multi-disciplinary firm, we offer the City of Palm Beach Gardens this capability. If selected for this project, we are extremely confident that you will find the quality of our work exceptional. I look forward to your favorable review of this proposal. Sincerely, Berryman & Henigar Andy Easton, A.I.C.P. Grant Administrator Borryman & ltenigar~ lnc. INTRODUCTION Berryman & Henigar has been providing a wide range of community development services to Florida's communities for over two decades. We provide a complete range of community development services including, planning, engineering, grant writing/administration, grant reseamh, economic development funding and recreation fundings- Berrynmn & Henigar is organized into several divisions, including an Engineering Division, Community Design, Surveying, and Envkonmental Sciences. Be-~an & Henigar~tmly a multidis~p nary firm. We offer our clients the ability to draw upon the internal reg'/~ces and experti~ present in our~,qrm so that community development goals can be readily achieved. ~ ~ Included in this document is a description of our professional services as requested by the City s published Request for Qualifications (RFQ). YOU will find that the staff of Berryman & Henigar is well qualified to provide grant services to the City of Palm Beach Gallic_ns. ~ .~ f - The following describes our fi. rms_', sery!ces, a..~abilities. ,.~~ll ~-~/lll Grant Writing and Administration Services Berryman & Henigar is offering to provide grant/loan research, writing and administration services for all types of state, federal and private foundation grants. Our grant writing staff specializes in the Community Development Block Grant (CDBG) program. In addition, we are familiar with a variety of other grant programs such as those provided by Rural Development, Economic Development and Administration and U.S. Department of Housing. 00-0088 Palm Beach Gardens Grant Writing Berotman & lioni.qa6 Inc. PROFILE AND QUALIFICATIONS PROFILE AND QUALIFICATIONS IThis section of the submittal addresses the following evaluative criteria, as set forth in the City's RFP: L Details of the qualifications attd experience ofthefirm(s)/~ndividual(s) that will£rovide the services. The lead staff person on this project will be Andy Easton. A resume' of Mr. Easton's experience is provided below. Education & Registrations Master of PubBc Adtninistration, Florida State Universi(y Bachelor of Science, Urban and Regional Planning, East Carolina University Associate of Arts, History and Government, Tallahassee Community College Professional Affiliations Member, American Institute of Certified Planners (AICP) Former Member, American Economic Development Council Former Member, Rural Economic Development Council American Planning Association, Charter Member ANDREW EASTON, AICP Grants Administrator EXPERIENCE Over 10 years of experience in planning program development and project administration. Mr. Easton is very familiar with issues and needs of Florida's communities and with current State planning mles and regulations. His experience includes comprehensive planning, grant application and administration, land development regulations, and statistical analysis. The following lists Mr. Easton's planning and development experience by subject area. Grant Research Experience Mr. Easton is familiar with a variety of grant research tools such as the Federal Catalog of Federal Domestic Assistance and various other state and federal reference mater/als. Mr. Easton is currently working un a development project in central Florida that will combine CDBG funds, EDA funds and Enterprise Florida Funds to construct water, sewer and transportation facilities to serve a new business. Because of the infrastracture, the business is expected to hire over 100 new employees. Community Development Grant Experience Mr. Easton has obtained over $20,000,000 in grants over the past 10 years that were used by Florida's cities and counties for a variety of community development projects. The Community Development Block Grant (CDBG) program funded most of the projects. Other grants/loans were received from the Environmental Protection Agency, Econorrfic Development Administration, and Rural Development. Currently, Mr. Easton is currently involved with a community development project in the City of Belleview, Florida. This CDBG and FDOT funded project involves the construction ora two mile sewer force main and drainage improvements that will benefit a low income neighborhood. Mr. Eastun if very familiar with the reporting and f'mancial aspects required by state and federal grant programs. Experience with Redevelopment Programs Mr. Easton is currently involved in a medium sized redevelopment project located within the City of Wildwood, Florida. The project involves identifying the scope and character of downtown improvements, amending current redevelopment plans, identifying funding sources and coordinating with local business owners and design professionals to ensure the planned improvements are delivered as envisioned by the community. Mr. Easton has been involved in other redevelopment projects in west and central Florida. PROFILE AND QUALIFICATIONS Experience with Recreation Programs Recreation is an important, though often under funded local government amenity. Mr. Easton has been involved in recreation projects in north and west Florida. These projects involved identifying recreation needs, developing recreation site plans and obtaining funding. Economic Development Experience As a former student of the American Economic Development Association's (AEDC) school for economic development professionals, Mr. Easton is keenly aware of the difficulties faced by local governments when they embark on the daunting tasks of increasing job opportunities, improving the local work force or recruiting industry. Mr. Easton's experience with economic development projects includes the development of an industrial park based on the business incubator concept. The project, located in rural central Florida, included the rehabilitation of a business facility and the development of a management plan. The project was funded with $286,000 fi.om the Business and Industyy Grant Program (Rural Development) and with funds the U.S. Department of Agricult~are. Mr. Easton wrote and administered both grants and developed the management plan. Experience with Housing Programs Grant funded housing programs provide subsidized housing financing to homeowners and developers. Housing programs also provide direct housing rehabthtation. The three components of housing rehabthtafion age: I) Administration, 2) Housing Inspection., 3) Housing Coustruction. Ma'. Easton has a solid track record ofprovithng administrative support to CDBG housing programs. Nfl'. Easton has worked as both the CDBG and SI-I~ administrator for Dixie County. In addthon, he provided housing administration services to the City of Mthon, and the City of Cot~ondale. Experience with Comprehensive Plans Mr. Easton has authored seven local government comprehensive plans since 1990. These plans were developed as mandated by Florida's Local Government Comprehensive Planning and Land Development Regulation Act of 1985. One of Mr. Easton's first comprehensive plans was for Calhoun County, Florida. This plan was one of just a few that was found to be in compliance with the 1985 Planning Act based on a one time review by the Florida Depar'nnent of Community AffaLrs. Mr. Easton's efficiency allowed the county to avoid spending additional amounts of time and money revising and re-revising their planning programs to be consistent with state law. A more recent planning project that is being undertaken by Mr. Easton is the Nassau County Local Government Comprehensive Plan EAR. based amendment. The county is expected to adopt the amendment by late 2000. Experience with Land Development Regulations Land Development Regulations are the primary tools for implementing local government comprehensive plans. Mr. Easton has authored LDR.s for six of Florida's cities and counties. The LDP, z were based on the unified land development code format that was initially developed under contract by Berryman & Henigar for the Florida Department of Community Affairs. Mr. Easton's guiding principal when developing LDRs is to ensure that the proposed ordinance is developed in a manner that satisfies both the mandates of state law and the needs of local residents, local government staff and elected officials. Experience ~vith Evaluation and Appraisal Reports The Evaination and Appraisal Report (EAR) is an assessment of a local government's comprehensive plan and is used as a guide for bring the plan up-to-date and into compliance with Chapter 163, F.S. and Section 9J-5, Florida Adminis~-ative Code. Mr. Easton used his experience in planning and land development regulations to develop Evaluation and Appraisal Reports for several cen~al Florida communities. 00-0088 Palm Beach Gardens Grant Writing ~rr~m~ ~ ~'~mi~ ~n~. PROFILE AND QUALIFICATIONS Education & Registrations M.S., Planning, University of Tennessee, 1975 B.A., Economics, Business Administration, University of South Florida, 1971 FRED D. GOODROIV, AICP Planning Manager American Institute of Certified Planners (AICP), 3928 Professional Affiliations American Planning Association (APA) National Awards Committee Florida Chapter Legislative Committee Florida Dept. of Commnnity Affairs (DCA) Rule 9J-5 Committee DCA Model Land Development Code Peer Review Committee Leadership Ocala, Graduate and Board of Regents member EXPERIENCE Over 25 years of national and international professional planning experience. Oversees and contributes to both urban and rural growth management plans, land development codes, plan review, redevelopment plans, negotiated compliance with State agencies and land and site development planning. Previously served as Director of Community Development for Manatee County, and Director of Planning, Zoning and Community Development for the City of Largo. Was instrumental in initiating and developing performance zoning for Largo, the fLrst urban application of the technique. Administered CDBG programs and developed a commercial revitalization program. Program manager for Bosnia infrastructure rehabilitation effort ~Vinter Springs Land Development Regulations, FL. Project Manager - Prepared unified set of land development regulations incorporating plan consistency standards, sta'eamlined administrative procedures and concurrency management procedures. Dunnellon Land Development Regulations, FL. Project Manager - Prepared land development regulations consistent with the Florida Growth Management Act and Dunnellon Comprehensive Plan. Polk County Land Development Regulations, FL. Project Manager - Prepared comprehensive examination of Polk County's existing land development regulations, comparing Euclidian zoning principles with performance zoning. Prepared the Iand use and performance standards chapter of code. Largo Land Development Regulations, FL. Project Manager -Adm/nistered preparation of Performance Zoning oriented land development regulations. This project received an Award of Excellence from the Florida Chapter of the American Planning Association. Lake Worth Evaluation and Appraisal Report (EAR), FL. Project Manager- Directed the preparation of the city's EAR in accordance with statutory and role provision including FDCA grant requirements. Inverness Evaluation and Appraisal Report (EAR), FL. Project Manager - Directed the preparation of the city's EAR in accordance with statutory and role provision including FDCA grant requirements Comprehensive Plan, Manatee County, FL. - Project Director - Directed the preparation of the county comprehensive plan and various land development regulations including the preparation of the airport environs land development regulations. Reviewed DP, Is (Florida's version of an EIS) for compliance, including the DRI expansion of the Sarasota Airport. 00-0088 Palm Beach Gardens Grant Willing l~ml:~ PROFILE AND QUALIFICATIONS ANTHONY CASTEEL, AICP Plantter Education & Registrations MS, Planning, University of Tennessee, Knoxville, TN, 1999. BS, Urban Studies, University of Tennessee, Knoxville, TN, 1997. AAS, Architectural Technology, Cleveland State Community College, Cleveland, TN, 1985. - Professional Affiliations Florida Planning and Zoning Association EXt'ERIEN CE Mr. Casteel is a project planner with experience in the development of comprehensive plans, land development codes and due diligence anaIysis. Also included is code revisions of existing land development codes, future land use amendments, data collection and research, land use surveys, special use perm/t applications and graphics. City of Newport and Cooke County Comprehensive Plan, Newport, TN. Project Planner- Performed data collection for the Central Business District section often year comprehensive plan. Created graphics and maps for presentation to city and for use in plan itself. Prepared amendments to regulate land use in the Central Business Disffict for future development. Ocoee Land Development Code, Ocoee, FL. Project Planner- Compiled articles of Land Development Code for review. Examined additions to LDC and looked for consistency and redundancy of existing codes. Made deletions and changes as necessary. Code Revisions, Town of Belleair, FL. Project Planner- Created amendments for existing Land Development Code to correspond to the amended Town of Bellaeair Comprehensive Plan. Assured compatibility of the Comprehensive Plan school location policy with Town of Belleair Intergovernmental Coordination Element. Montell Adldson Small Scale Future Land Use Amendment, Marion County, FL. Project Planner- Performed data collection on proposed property. Reviewed Marion County Comprehensive Plan and Land Development Code for information pertinent to the site. Completed application for a Future Land Use Map Amendment, and submitted the application to county for review. Wacassa Bay Due Diligence Analysis, Levy County, FL. Project Planner- Performed data collection and researched history of proposed properties. Assessed provisions ofLevy County Comprehcnsive Plan and Land Development Regulatinns for use in determining potential development scenarios for the sites. Zephyrhills Water Facility Project, Dunnellon, FL. Project Planner- Performed data collection on proposed site. Reviewed Marion County Comprehensive Plan and Land Development Code for relevant policies on the proposed development. Completed application for Special Use Permit in Marion County and subm/tted the al~plication to the County for review. Lowes Crystal River Project, Crystal River, FL. Project Planner- Reviewed current application draft and corrected cited errors. Researched Citrus County Comprehensive Plan and Land development Code for additional policies concerning the proposed development. Compiled additional materials needed for Planned Development Overlay and Land Development Code Atlas Amendment. Completed application for both Planned Development Overlay and Land Development Code Atlas Amendment and submitted them to county for review. Rogers Group Quarry Project, Anderson County, TN. Project Planner- Performed research for an appeal process in a rezoning case. Created a Land Use Survey of area surrounding proposed site. Compiled ~xansportafion, tourism, and utility data for use in case. Also found compatible sites to use as comparisons in case. 0 0 0 0 0 .7.0 o 0. c~ _o ~ ~ ~ ~ ~ ~ ~ ~ o o o ~ ~ ~ .~.~ ~~~~~.:~.:.~.~o~ ~~ _- ', Cit of Wild.wood : ommerc al I , Revitalization ',Application To be submitted to DCA on June 30,1999 CDBG-C-I: SUMMARY OF SCORING Applying Local Government: City of Wildwood Application # (DCA Use Only): CA- CDBG FORM TITLE/SCORE C ommunity-Wide Needs Score (250 Points Maximum) C-1 Local Government Checklist C-2 Application Profile C-3 Application Narrative C-4 Sources and Uses of Non-CDBG Funds Score Sources and Uses of Non-CDBG Funds Spreadsheets PAGE 1-2 3-4 5 6 6-8 SUB- SUB- TOTAL SCORE TOTAL SCORES C-5 Local Leverage Score (45 Points Maximum) Grant or Loan Leverage Score (30 Points Maximum) Other Local Government Leverage Score (25 Points Maximum) 6 45 7 30 8 Total Sources and Uses of Non-CDBG Funds Score (75 Points Maximum) Project Impact Score 9-17 CDBG Funds and Activity Goal Score Spreadsheet 9-10 75 Activity Goal Score (125 Points Maximum) 10 125 CDBG Engineering 10 CDBG Administration 10 11-13 14 Needs Spreadsheet Benefit Spreadsheet Activity LMI Benefit Score (245 Points Maximum) Retail and Service business Need Score (30 Points Maximum) Taxable Sales Need Score (35 Points Maximum) Special Designation Score (10 Points Maximum) Other Community Development Activities Score (120 Points Maximum) Application Workshop Attendance Score (10 Points Maximum) 14 245 15 30 15 35 15 0 110 16 10 52.06 Wildwood-CR-1 CDBG-C-I: SUMMARY OF SCORING (CONTINUED) CDBG FORM TiTLE/SCORE T otal Project Impact Score (575 Points Maximum) Sum of C-4 and C-5. This sum must be at least 475 points C-6 C-7 Outstanding Performance in Equal Employment Opportunity and Fair Housing Outstanding Performance in Equal Employment Opportunity Score (85 Points Maximum) Outstanding Performance in Fair Housing Score (15 Points Maximum) Total Equal Employment Opportunity and Fair Housing Score (100 Points Maximum) Assurances, Certifications and Signatures TOTAL APPLICATION SCORE (1000 POINTS MAXIMUM) LESS PENALTIES ASSESSED (For DCA Use Only) FINAL SCORE (For DCA Use Only) APPENDICES SUB- SUB- TOTAL PAGE SCORE TOTAL SCORES PAGE Maps (Required) - Jurisdiction, Service Area, CRA, 100-Year Flood Prone Area 26 Comprehensive Plan Documents, as Amended (Required) 32 Joint Agreements, Interlocal Agreements, Contingency Funding Documentation, and Other Non- 49 Applicant Local Government Certifications Historic Preservation Documents 51 Local Leverage Documentation 53 Grants or Loans Leverage Documentation 56 Other Local Government Leverage Documentation 59 Acquisition/Demolition Documentation 61 Grant Application Preparation Documentation 77 VLI/LMI Worksheets or Census Data and/or Census Maps 79 Retail and Service Business Need Score Documentation 81 Other Community Development Activities Score Documentation 86 Local Governing Body's Resolution for Signature Designation 160 Special Designation Score Documentation 161 Wildwood-CR-2 CDBG-C-2: APPLICATION PROFILE LOCALGOVERNMENTINFORMATION 1. 2. Local Government Applicant: City of Wildwood Local Govt. Contact: James R. Stevens Title: City Manaqer County: Sumter Phone Number: (352) 330-1330 FAX Number: (352) 330-1338 Local Government Mailing Address: 100 Nodh Main Street Street Address or Directions: 100 North Main Street City: Wildwood 3. Chief Elected Official: Ed Wolf 4. Chief Elected Official's Address (if different): APPLICATION PREPARER INFORMATION 7. 8. Private Firm: X Other APPLICATION INFORMATION 9. N/A Application Preparation Agency or Firm: Berryman & Heniqar Address: 1311 Executive Drive, Tallahassee, Florida 32301 Contact Person: Andy Easton Type of Agency Preparing Application: Consultant Regional Planning Council: 10. 11. 12. Zip Code: 34785 Title: Mayor Phone#: (850 878-8963 Title: Grants Administrator Government Agency; Using the most recent list provided by the Department, enter the HUD Low-to-Moderate Income Population of the Applying Local Government: Based on this Low-to-Moderate Income Population, enter the maximum amount of CDBG funds that the local government is eligible to request (see 9B-43.005(5)(a)), Florida Administrative Code; 1577 Total CDBG Funds Requested: $ 600,000.00 $ 600,000.00 Is the local government submitting an application for either a Neighborhood Revitalization or Housing in addition to this Commercial Revitalization application in this funding cycle? Yes X No__ If yes, which category? Neighborhood Revitalization X Housing If this commercial revitalization application and the application checked above are both determined to be in the fundable range and are fully fundable, which application does the local government prefer to be funded? (failure to choose will result in the non-commercial revitalization application becoming the choice) Neighborhood Revitalization Commercial Revitalization X Housing Wildwood-CR-3 CDBG-C-2: APPLICATION PROFILE (CONTINUED) OTHER JURISDICTIONAL ACTIVITIES: 13. If a local government is undertaking activities outside its jurisdiction, all of the beneficiaries must reside in the jurisdiction of the applying local government. Otherwise, the application must be a joint application pursuant to Rule Chapter 9B-43.004(2). If a local government is undertaking activities outside its jurisdiction even though all of the beneficiaries reside within its jurisdiction, an interlocal agreement with the other local government is required. This is a joint application with N/A Name of other local government This is not a joint application, but an interlocal agreement is required. YES NO__ If yes, an Interlocal Agreement must be included as Appendix C. 14. HISTORIC PRESERVATION Will the proposed project impact any building, public improvement, or planned open space older than 50 years? Yes No X If yes, documentation must be provided as Appendix D. 15. During the next five years, will any construction occur on county, state, or federal roads within the Community Redevelopment Area that will impact the CDBG funded activities? Yes No X If yes, describe that impact. 16. Is the local government participating in the National Flood Insurance Program? Yes x No 17. Has the local government been declared to be in a state of financial emergency pursuant to Section 218.50 - 218.504, Florida Statutes, at any time during the two years prior to application deadline? Yes No x 18. PROJECT AREA DISTRICTS: A. The following will be used for notification purposes: U.S. Congressional District Number: 19 Florida Senate District Number 10,11 Florida House District Number: 42,44 B. Provide the following if it was used in the National Benefit determination: NA Census Place: Census Tract: Block Group(s): Wildwood-CR-4 Z . 0 0 (0 Z (9 0 0 __ 0 0 0 Oz CDBG-C-5: PROJECT IMPACT (CONTINUED) NEEDS SPREADSHEET 10, COMPLETE THE FOLLOWING NEEDS SPREADSHEET. AcAiTyTIV B C D E ACTIVITY COST ENTER # OF UNITS UNITS OF ENTER # OF ITEM TO BE ADDRESSED MEASUREMENT UNITS NEEDED ~~~ ~ Landscaping Wildwood-CR-14 CDBG-C-5: PROJECT IMPACT (CONTINUED) NEEDS SPREADSHEET CONTINUED A B C D E ACTIVITY ENTER # OF UNITS UNITS OF ENTER # OF ACTIVITY COST ITEM TO BE ADDRESSED MEASUREMENT UNITS NEEDED ~ ~ L~.~ ~ ~ ~ ~ ;~ ~,~; ~!~ Demolition ~~_.. Restrooms Wildwood-CR-15 CDBG-C-5: PROJECT IMPACT (CONTINUED) BENEFIT SPREADSHEET COMPLETE THE FOLLOWING AFTER COMPLETING THE (HUD LMI WORKSHEETS A B C D E F G TOTAL ~t OF LMI TOTAL ~t OF LMI BENEFIT % OF CDSG ACTIVITY PERSONS PERSONS TO PERCENT' LMI PROJECT LMI BENEFIT SCORE ACTIVITY TO BE SE SERVED ('B" + 'C") FACTOR COST ("E" X "F") SERVED ACQUISITION 1,577 3048 51.74% 245 3,62 8.85 COMMERCIAL BUILDING 1.577 , 3048 51.74% 245 51.63 126,49 REHABILITATION OR DEMOLITION DEMOLITION OF VACANT DILAPIDATED STRUCTURES DRAINAGE ACTIVITIES ON PUBLIC PROPERTY OR RIGHTS-OF.WAY OPEN SPACE PARKS, PLAYGROUNDS PARKING FACILITIES 1.577 3048 51.74% 245 2.54 6.21 RELOCATION RELOCATION OF UTILITIES TO UNDERGROUND I REMOVAL OF ARCHITECTURAL BARRIERS IN PUBLIC BUILDINGS SEWER FACILITIES SIDEWALKS AND PEDESTRIAN MALLS 1.577 3048 51.74% 245 42.21 103.42 S'~ K== i IMPROVEMENTS WATER FACILITIES 12. TOTAL COLUMN "G" FOR THE TOTAL ACTIVlT~ LMI 245 BENEFIT SCORE: 276 POINTS MAXIMUM TRANSFER THIS SCORE TO FORM CDBG-C-1 Activity eligibility is based on which of the following? Service Area LMI Benefit City-Wide Benefit x *If this calculation exceeds .5050 (50.50%), the nationat objective is LMI benefit. LMI Worksheets (from the HUD Survey Methodology) or HUD provided Census Data and/or Census Maps must be included as Appendix J. Wildwood-CR-15-A A ACTIVITY CDBG-C-5: PROJECT IMPACT (CONTINUED) NEEDS SPREADSHEET CONTINUED B ACTIVITY COST ITEM c D ENTER # OF UNITS TO BE ADDRESSED UNITS OF MEASUREMENT E ENTER # OF UNITS NEEDED 800 800 6 6 69 STREETIMPROVEMENTS Street Resurfacing 0 L F. 800 Street lights EACH CurblGutter EACH Curb Cuts EACH WATER FACILITIES Water Lines L, F. Water Tank TANK(S) Water Treatment Plant PLANT(S) Fire Hydrants F.H. Water Well E. ACH Wildwood-CR-16 CDBG-C-5: PROJECT IMPACT (CONTINUED) 13. RETAIL AND SERVICE BUSINESS NEED SCORE: NUMBER OF RETAIL AND Enter the number of retail and service businesses in the SERVICE BUSINESSES SCORE project area: 70 14 or less 0 15 to20 15 Based on this number, designate with an "X" the score 21 to 25 20 that is appropriate. Transfer it to Form CDBG-C-I. 26 to 35 25 Documentation must be included as Appendix K. 36 or More 30 X 14. TAXABLE SALES NEED SCORE: Enter the level of TAXABLE SALES IN taxable sales in the jurisdiction: MILLIONS SCORE $ 111,000 $29.99 or Less 0 $30 to $59.99 20 Based on this level, designate with an "X" the score that $60 to $124.99 30 x is appropriate. Transfer it to Form CDBG-C-1. $125 or More 35 15. SPECIAL DESIGNATION SCORE: A(1 ). Do all of the proposed activities take place in an area that has been designated an Empowerment Zone, Enterprise Community, or Champion Community by the U.S. Department of Agriculture? x YES NO or A(2). Do all of the proposed activities take place in an area that has been designated as a state enterprise zone pursuant to Chapter 290.0065, Florida Statutes? x YES NO And A(3). Excluding administration and design, are all proposed CDBG funded activities in this application included in the Strategic Plan that was prepared as part of the application process for the federal or state designation? x YES NO or S. Is the local government in a currently designated "Area of Critical State Concern" pursuant to Chapter 380.05, Florida Statutes? X YES NO or C. Is the applying local government designated as a "Sustainable Community" (not just a member of the Florida Sustainable Communities Network) pursuant to Chapter 163.3244, Florida Statutes? X YES NO if the local government answered "Yes" to question "A(1)" and/or question "A(2)" and answered "Yes" to question "A(3)," or answered "YES" to questions "B" or "C," score 10 points. D. Enter the appropriate score and transfer it to Form CDBG-C-1: Documentation of the Special Designation must be included in Appendix N Score 0 10 POINTS MAXIMUM Wildwood-CR-16-A CDBG-C-5: PROJECT IMPACT (CONTINUED) OTHER COMMUNITY DEVELOPMENT ACTIVITIES SCORE 16. Score A. points as appropriate. SCORE Score 30 points if the local government is a current or former designated participant in the Florida Main Street Program administered by the Florida Department of State. Associate status designation shall not create eligibility for the points. Score 10 points if any part of the Community Redevelopment Area is located in any part of a district tisted on the National Register of Historic Places pursuant to 36 CFR Part 60. 0 NOTE Score I0 points if the local government has adopted architectural design guidelines for a publicly .~nd/or privately funded facade rehabilitation program for the retail, service, and commercial buildings that are located in the Community Redevelopment Area. This must be done in either the Community Redevelopment Plan using the Chapter 163, Florida Statutes, Community Redevelopment Plan process, or adopted in the local government's Comprehensive Plan. Score 30 points if all of the following are true: The local government created a Community Redevelopment Trust Fund for the Community Redevelopment Area in which the CDBG activities will take place in pursuant to Chapter 163.387, Florida Statutes, and the Trust Fund will remain in effect for the life of the Community Redevelopment Agency; The local government established a base tax increment year in the ordinance creating the Trust Fund, or in an ordinance subsequently establishing a base year using the Chapter 163 process. If a base year is not established, the points will be disallowed; The local government notified other appropriate taxing authorities by registered mail of the establishment of the base area and the base year, and has undertaken all other actions necessary to initiate and implement the Trust Fund; There are no known impediments to the County Tax Collector's distribution of the tax increment to the Community Redevelopment Agency; and That base year is no later than the last day of the calendar year preceding the year in which the application is received; Documentation of receipt of tax increment funds before application deadline from the County Tax Collector for the year preceding application deadline shall suffice to document a claim for these points. Should the Trust Fund have been established such that'tax increment distribution should have occurred but has not, the local government must have documentation from the County justifying the delay. Score 10 points if the Community Redevelopment Agency will be expending previously received Community Redevelopment Trust Funds on the project within the project area. (The Community Redevelopment Agency must have received these funds from the County Tax Collector before application deadline, pursuant to Section 163.387(1), Florida Statutes.) Score 30 points if the local government has obtained architectural and/or engineering schematic designs from an licensed engineer or amhitect for all the proposed activities (except commercial building rehabilitation), including preparation by the engineer or architect of preliminary drawings and a preliminary itemized list of probable construction costs, and the local government agrees to pay all engineering or architectural costs for the project from non-CDBG funds. 10 3O 10 30 Wildwood-CR-17-A CDBG-C-5: PROJECT IMPACT (CONTINUED) OTHER COMMUNITY DEVELOPMENT ACTIVITIES SCORE (CONTINUED) Score 10 points if the local government, in cooperation with at least one local commercial lending institution, has established and funded a community redevelopment loan pool which businesses located within the Community Redevelopment Area can access at reduced rates. SCORE 10 10 10 110 120 POINTS MAXIMUM Score 1(~ points if the local government or the Community Redevelopment Agency is a member of the Florida Redevelopment Association. Score 10 points if the local government has adopted an "Economic Development Element" to its Comprehensive Plan in conformance with Chapter 163, Florida Statutes. 17. Total Other Community Development Activities Score: APPLICATION WORKSHOP ATTENDANCE SCORE: A. TRANSFER THIS SCORE TO FORM CDBG-C-1. Documentation must be included as Appendix L. If the local government is eligible for these points, enter the following: Category (local official, Name(s) of the Attendee(s) employee, CATF member, etc.) Andy Easton Consultant Enter the appropriate score and transfer it to Form CDBG-C-1: Score 10 10 POINTS MAXIMUM Wildwood-CR-18-A CDBG-C-6: OUTSTANDING PERFORMANCE IN EQUAL EMPLOYMENT OPPORTUNITY AND FAIR HOUSING OUTSTANDING PERFORMANCE IN EQUAL EMPLOYMENT OPPORTUNITY SCORE: A. Specify the title(s) and names(s) of one or more WAGES clients who were employed by the local government as local government employees for a combined total of 520 hours (65 man-days) during the 12 month period prior to application deadline. Title Clerical Name Brandy Mitchell Tit~e Clerical Name Leslie Davis B. Calculate the local government percentage of minority employees: 74.5 19 TOTAL NUMBER OF PERMANENT FULL-TIME AND FULL-TIME EQUIVALENT MINORITY LOCAL GOVERNMENT EMPLOYEES TOTALNUMBEROFPERMANENT FULL~IME AND FULL~IME EQUIVALENTLOCAL GOVERNMENTEMPLOYEES Score: 25 25 POINTS MAXIMUM 25.5 LOCAL GOVERNMENT PERCENTAGE OF MINORITY EMPLOYEES Referring to the list provided by the Department, enter the percentage of minorities within the County: 19.16 D. Designate with an "X" the score that is appropriate: "60 Point Score" x "40 Point Score" "Up to 40 Points Score"__ E. If the "Up to 40 Points Score" is appropriate, complete the following equation: ( + .)=( x 100)=__ 60 = Percentage of minority employees Percentage of minorities within the County 40 POINTS MAXIMUM Enter the appropriate score: Score: 60 60 POINTS MAXIMUM Total Outstanding Performance in Equal Opportunity Employment CDBG-C-6(I)A plus CDBG-C-6(I)F Total Score: 85 85 POINTS MAXIMUM 2. OUTSTANDING PERFORMANCE IN FAIR HOUSING SCORE: Complete as applicable. Date of adoption of a Fair Housing Ordinance: 5-29-94 Date of Training or Educational Program for the General Public and Local Elected Officials: 5-24-99 Date of Training or Educational Program for Professionals: 6-14-99 Enter the appropriate score: (5 Points) (5 Points) (5 Points) Score 15 15 POINTS MAXIMUM TRANSFER THESE SCORES TO FORM CDBG-C-I Wildwood-CR-19 CDBG-C-7: ASSURANCES, CERTIFICATIONS AND SIGNATURES By signature of this application, the local government hereby assures and certifies that it will comply with the following applicable federal and state requirements: 2. 3. 4. 5. 6. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Inform affected persons of their fifights and the policies set forth in 34. 49 C.F.R. Part 24 and 24 C.F.R. Chapter 570.602(b); Florida Small and Minority Business Act, s.288.702-288.714, F.S.; 35. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.; 36. Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.S.; 37. National Environmental Policy Act of 1969 and other provisions of 38. law which further the purposes of this Act; 39. National Histodc Preservation Act of 1966 (Public Law 89-665), as 40. amended and Protection of Histodc Properties (24 C.F.R. Part 800); 41. Preservation of Archaeological and Historical Data Act of 42. 1966; 43. Executive Order 11593 - Protection and Enhancement of Cultural Environment; 44. Reservoir Salvage Act; Safe Ddnking Water Act of 1974, as amended; 45. Endangered Species Act of 1958, as amended; 46. Executive Order 12898 - Environmental Justice 47. Executive Order 11988 and 24 C.F.R. Part 55 - Floodplain Management; The Federal Water Porlution Control Act of 1972, as amended (33 48. U.S.C., s. 1251 et. seq.); Executive Order 11990 - Protection of Wetlands; 49. Coastal Zone Management Act of 1968, as amended; 50. Wild and Scenic Rivers Act of 1968, as amended; 51. Clean Air Act of 1977; HUD Environmental Standards (24 C.F.R. Part 58); 52. Farmland Protection Policy Act of 1981; 53. Title I of the Housing and Community Development Act of 1974, 54. as amended; 55. The Clean Water Act of 1977; 56. Davis-Bacon Act; Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C.s. 327 et. seq.; The W~ldiife Coordination Act of 1958. as amended; The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. 1. seq.); Noise Abatement and Control: Departmental Policy 2. Implementation, Responsibilities, and Stsndards, 24 C.F.R. Part 3. 51, Subpart B; Flood Disaster Protection Act of 1973, P.L. 92-234; Protection of Histo~c and Cultural Properties under HUD 4. Programs, 24 C.F.R. Part 59; Coastal Zone Management Act of 1972, P.L. 92-583; A~chitectural and Construction Standards; Architsctural Barders Act of 1968, 42 U.S.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control and abatement of water pollution; Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39; Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882; Coastal Barrier Resources Act of 1982; Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq.; Title VI of the Civil Rights Act of 1964 -Non-disc~mination; Title VIII of the Civil Rights Act of 1968 - Non-discrimination in Housing; Age Discrimination Act of 1975; Executive Order 12892 - Fair Housing; Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Nondiscrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment/Training of Lower Income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Polities Act of 1970, P.L. 100-17, and 49 C.F.R. Part 24; Copeland Anti-Kickback Act of 1934; Hatch Act; TiUe IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et. seq.); OMB Circulars A-87, A-122, and A-128, as revised; Treasury Circular 1075 regarding drawdown of CDBG funds; Single Audit Act of 1984; Administrative Requirements for Grants, 24 C.F.R. Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; The local government will also: Affirmatively further fair housing by undertaking one fair housing activity each year; Minimize displacement; Submit information to its Regional Planning Council as appropriate to satisfy the Intergovernmental Coordination and Review (lC&R) requirements; and Not attempt to recover through special assessments capital costs of the public improvements assisted in whole or in part with CDBG funds unless otherwise authorized by 24 C.F.R. Section 570.482 and Section 104(b)(5) of TitJe ~ of the Housing and Community Development Act of 1974. Wildwood-CR-20 CDBG-C-7: ASSURANCES, CERTIFICATIONS AND SIGNATURES (CONTINUED) By signature of this application, the local government certifies that the following statements are true and the documentation is on file with the local government and available for public inspection. Title I of the Housing and Community Development Act of 1974, as amended, requires this. The Department may request copies of some of these items if questions arise during the site visit conducted in accordance with Chapter 9B-43.006(7), Florida Administrative Code. These materials must be available in the following order in a three-hole punched binder at the time of the site visit. The local government must maintain this binder if the Department awards a grant to the local government. This binder will become part of the permanent CDBG records. Any changes made after the site visit must be incorporated into the binder. Instructions: The local government must answer the following questions and complete the requested information as appropriate. Department staffwill use the column to the left during the site visit. REQUIREMENTS INDICATED CITIZEN PARTICIPATION REQUIREMENTS: We have met the following citizen participation requirements according to Section 290.046, Florida Statutes, and Rule 9B- 43.006(2)(f), Florida Administrative Code: ' ~ -,---~-~,~ ~ We have adopted a Citizen's Participation Plan that meets the requirements specified in Section 104(a)(3) of Title I of the Housing and Community 2-14-94 Date of Adoption Development Act of 1974: We have appointed a Citizen's Advisory Task Force (CATF) composed of citizens residing in this local government's jurisdiction. This CATF provided input into the application and will continue to provide input into the CDBG X Yes No program if funded. The CATF held a meeting relating to this grant application on the 6-14-99 following date: Date The minutes of the first CATF meeting relating to the grant application x are available for review. Yes No We met the needs of non-English speaking residents at public hearings when a significant number of non-English speaking residents participated. N/A~x Yes No We held at least two public hearings, x Yes No The purpose of the first meeting was to obtain the views of the citizens x concerning community development needs. Yes No The purpose of the second meeting was to obtain the views of citizens x Yes concerning the final application to be submitted to the Department. No At least five days before the first public hearing, we published, in a newspaper of general circulation in the jurisdiction, the amount of funds available for x various activities and the range of activities that we may undedake. Yes No JDate that we published the notice of the first public hearing: 5-17-99 Publication Date Wildwood-CR-21 CDBG-C-7: ASSURANCES, CERTIFICATIONS AND SIGNATURES (CONTINUED) DCA USE COMPLETE AS ONLY REQUIREMENTS INDICATED Date of the first public hearing: 5-24-99 Date The five-day provision is correct, x Yes No After we conducted the first public hearing, we published, in a newspaper of general circulation in the jurisdiction, a summary of the proposed application. We published this summary at least five days before a second public hearing in which we gave the citizens an opportunity to examine a draft of its contents and x submit comments. Yes No Date that we published the notice of the second public hearing: 6-9-99 Publication Date Date of the second public hearing: 6-14-99 Date The five-day provision is correct, x Yes No We considered comments expressed by the citizens at the public hearing concerning the proposed application. N/A x Yes No We modified the proposed application based on the comments. N/A x Yes No We have developed and adopted a Community Development Plan that identifies our community development and housing needs. In accordance with the primary objective of Title I of the Housing and Community Development Act of 1974, it specifies both short and long-term community development objectives. That objective is to develop viable urban communities by providing decent housing, a suitable living environment, 6-22-98 and expanding economic opportunities, principally for persons of Iow and moderate Adoption Date Income, OR... Instead of the above, we have designated our Comprehensive Plan, adopted pursuant to Chapter 163, Florida Statutes, as our Community Development Plan. Designation Date We have adopted an Anti-Displacement and Relocation Policy in conformance with the Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1979, as 5-11-92 amended, 49 C.F.R. Part 24, and 24 C.F.R. Section 570.606. Adoption Date Copies of letters verifying that we have submitted information, as required, to the Regional Planning Council, Bureau of Historic Preservation, and/or the State Clearing x House are on file. Yes No We have adopted a Citizen's Complaint Policy that requires written answers to written 2-14~94 : complaints and grievances within 15 working days. Adoption Date We have documented that all proposed activities are not inconsistent with our x Comprehensive Plan. Yes No Consistent with the definition in Rule 9B-43.002(24), Florida Administrative Code, the 19 local government has documented the number of minority employees as follows: Number Wildwood-CR-22 CDBG-C-7: ASSURANCES, CERTIFICATIONS AND SIGNATURES (CONTINUED) DCA USE COMPLETE AS ONLY REQUIREMENTS INDICATED We have adopted a local procurement policy that conforms to the following state and federal regulations: 24 C.F.R. Section 85.36; Section 287.055, Florida Statutes; and, 10-8-90 Rule 9B-43, Florida Administrative Code. Adoption Date We have adopted a fair housing ordinance that references the classes of individuals protected by the Fair Housing Act, 42 U.S.C. 3601-20 and 24 C.F.R. Part 100, (race, 5-24-94 color, familial status, handicap, national origin, sex, and religion). Adoption Date We have adopted an Affirmative Action Plan that includes procedures for hiring minority 2-14-94 contractors and goals for hiring minority employees. Adoption Date We have created a Community Redevelopment Agency pursuant to Chapter 163, x Florida Statutes. Yes No We have created a Community Redevelopment PJan pursuant to Chapter 183, Florida x Statutes. Yes No We have documentation to verify the "Cost Standard Used" to estimate costs in this x application. Yes ' No We have documentation to verify that the service area(s) has/have, if necessary, been properly surveyed using the appropriate HUD Section 8 Income Guidelines and that the number of LMI persons residing in the service area(s) is/are consistent with the number x of beneficiaries claimed on form CDBG-C-5 (11) of this application. Yes No I, the undersigned, certify the following: all citizen participation requirements have been met; the local government will affirmatively further fair housing; the local government's CDBG program will be conducted in conformity with the Civil Rights Act of 1964 and the Fair Housing Act; · the local government will not attempt to recover capital cost of public improvements constructed with CDBG funds; · a Community Development Plan has been developed; · any surveys of service areas to document LMI benefit have been properly conducted; an Anti-Displacement and Relocation Plan has been adopted and displacement of persons will be minimized; to the best of my knowledge and belief, data in this application are true and correct; · submission of the application has been duly authorized by the governing body of the local government; all site visit documentation referenced in the instructions is on file and readily accessible to Department of Community Affairs personnel; and a Community Redevelopment Agency and a Community Redevelopment Plan have been established pursuant to Chapter 163, Florida Statutes. Wildwood-CR-23 CDBG-C-7: ASSURANCES, CERTIFICATIONS AND SIGNATURES (CONTINUED) CERTIFICATION OF ON-TIME PERFORMANCE: I, the undersigned, certify the following: Our local government does not have an open Community Development Block Grant and is eligible to apply for this grant category pursuant to Rule 9B-43.004, Florida Administrative Code. -OR- __ Our local government is not the Recipient (either jointly or individually) of an open CDBG contract other than Economic Development and/or Neighborhood Revitalization Emergency Set-Aside Community Development Block Grant(s) and thab'those grant(s) is/are on schedule pursuant to Rule 9B-43.004, Florida Administrative Code. By signature in this application, the local government certifies that, based on the work plans and the other requirements in the contract, the following open Economic Development and/or Neighborhood Revitalization Emergency Set-Aside Community Development Block Grant contracts were on schedule as of thirty days before the date of the application deadline: CDBG Grant# (1) CDBG Grant# (2) SIGNATURES: Application is hereby made for a Community Development Block Grant under Title I of the Housing and Community Development Act of 1974, as amended, Rule 9B-43, Florida Administrative Code, and Section 290.045, Florida Statutes, I/we, the undersigned chief elected official or authorized representative of the local government, certify that submission has been duly authorized by the governing body of the jurisdiction, and the local government will comply with the certifications and assurances contained in this application if assistance is approved. By signature of this application, the local government hereby assures and certifies that it will comply with the applicable federal and state requirements listed on this form in the administration of its Florida Small Cities Community Development Block Grant Program. Signature of Chief Elected Official or Designee (Attach Resolution as Appendix M) of Application Preparer if other than a local jurisdiction employee Title Date Andy Easton, Berryman & Heniqar Typed Name and Name of Firm or Agency Signature Failure to submit this page by the application deadline, completed and signed by the Chief Elected Official or another official designated by ordinance or resolution of the governing body, will result in a 50-point penalty being assessed against this application. This penalty cannot be eliminated during the completeness process. Wildwood-CR-24 LIST OF APPENDICES APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX E: APPENDIX F: APPENDIX G: APPENDIX H: APPENDIX I: APPENDIX J: APPENDIX K: APPENDIX L: APPENDIX M: APPENDIX N: MAPS (REQUIRED) COMPREHENSIVE PLAN DOCUMENTS, AS AMENDED (REQUIRED) JOINT AGREEMENTS, INTERLOCAL AGREEMENTS, CONTINGENCY FUNDING DOCUMENTATION, AND OTHER NON-APPLICANT LOCAL GOVERNMENT CERTIFICATIONS HISTORIC PRESERVATION DOCUMENTS LOCAL LEVERAGE DOCUMENTATION GRANT OR LOAN LEVERAGE DOCUMENTATION OTHER LOCAL GOVERNMENT LEVERAGE DOCUMENTATION ACQUISITION / DEMOLITION DOCUMENTATION GRANT APPLICATION PREPARATION DOCUMENTATION VLI/LMI WORKSHEETS OR CENSUS DATA AND/OR CENSUS MAPS RETAIL AND SERVICE BUSINESS NEED SCORE DOCUMENTATION OTHER COMMUNITY DEVELOPMENT ACTIVITIES SCORE DOCUMENTATION LOCAL GOVERNING BODY'S RESOLUTION FOR SIGNATURE DESIGNATION LOCAL GOVERNMENT'S DOCUMENTATION OF SPECIAL DESIGNATION SCORE AS A EMPOWERMENT ZONE, ENTERPRISE COMMUNITY, CHAMPION COMMUNITY, AREA OF CRITICAL STATE CONCERN, OR SUSTAINABLE COMMUNITY Wildwood-CR-25 COST OF SERVICES TOTAL COST OF SERVICES ........................................................................ $45,000.00 CLIENT LIST See section three (3) of this submittal for a complete list of clients and contact number. oo-ooss ~.a,., Bc~c~ Oa~de,,s Or~., W,~..g Bero,m~n & Henlg~6 In~. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ - REGULAR MEETING OF OCTOBER 17. 2000 HOUSING REHABILITATION CONTRACT AWAI~I~S TO ABISSET CORPORATION SEPTEMBER 29, 2000 This is before the Commission to consider approval of two (2) contract awards m the total amount of $44,950.50 to Abisset Corporation as the lowest responsive, responsible bidder. The contracts represent housing rehabilitation grants through State Housing Initiatives Partnership (SHIP) program for single family homes located at 111 S.W. 8~ Avenue and at 11 S.W. 4th Street. Abisset Corporation was the low bidder for the S.W. 4'h Street rehab contract and is recommended for award in the amount of $24,265.50. For the property at 111 S.W. 8th Avenue, the low bid submitted by William Hatcher Construction was not considered because the required bid bond check was not provided. Hence, the recommendation is to award to Ahisset Corporation (second lo~v bidder) as the lowest responsive, responsible bidder in the amount of $20,685.00. Funding for the grant awards is available from 118-1924~554-49.19 (SHIP Housing Rehabilitation). Recormrnend approval of the housing rehabilitation contract awards to Abisset Corporation as the lowest responsive, responsible bidder, Re,SHIP Housing Rehab Awatd. Abisset Request to be placed on: __~ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda AGENDA REQUEST Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR Agenda Item No.: Date: October 1 I, 2000 When: October 17, 2000 TOTAL GRANT AMOUNT 98-024 SHR 111 SW 8~ Avenue Abisset Corporation $20,685.00 98-013 SHR 11 SW 4th Street Abisset Corporation $24,265.50 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of two (2) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grants and Contract Awards from Account 118-1924-554.49-19 in the amount of $44,950.50. The grant amounts include a 5% contingency. (Example: Recommend approval xvith funding from Special Events Acc~ount No. 001-3333-555-44.55). /9 ~ Department Head Signature: ~>j~~/~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding Alternatives: (if app,licable) AccountNo. & Description: IJg- [algol- ~q.qq'- -I~ Account Balance: ~: City Manager Review: ~ Approved for agenda~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator I/..~- Lula Butler, Community Improvement Director//~t~ October 11, 2000 Community Development Division's Housing Rehabilitation Grant Award for Two (2) Units ITEM BEFORE THE COMMISSION This is to request approval for two (2) Housing Rehabilitation grant awards to the lowest responsive bidder. 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 as determined by the low responsible bidder 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 at 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 within 10% of 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 goal of completing each rehabilitation activity utilizing the estimated amount of funding required. The Contract Award and Bid Summary sheets are attached for your reference. Bids were awarded to the lowest bidders for bids within 10% of the Community Development Division's in-house estimate with the following exceptions: 111 SW 8th Avenue: The "lowest" bid was submitted by William Hatcher Construction, an existing contractor in the City's Affordable Housing Rehabilitation Program. William Hatcher Construction failed to include the required 5% bid bond check with the bid. The bid was awarded to Abisset Corporation, the second lowest bidder whose bid was within 10% of the in-house estimate. RECOMMENDATION Staff recommends awarding the bids for two (2) Housing Rehabilitation projects to the verified responsible low bidder and authorizes an award in the following amount: Case Number Address Contractor 98-024 SHR 111 SW 8th Avenue Abisset Corporation 98-013 SHR 11 SW 4th Street Abisset Corporation Grant Amount $20,685.00 $24,265.50 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-51 APPLICANT: Thomas Hickman PROJECT ADDRESS: 111 SW 8th Avenue DATE OF BID LETTERS: DATE OF BID OPENING: NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION September 6~ 2000 September 21~ 2000 AMOUNT OF BIDS $ 19~700.00 $ 16,255.00 T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONTRACTING, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION $ 25~089.23 $ 27~620.00 $ MICHAEL SHUBERT CONSTRUCTION, INC. $ WRIGHT'S WAY ROOFING $ SOUTH FLORIDA CONSTRUCTION $ NAUTILUS CONTRACTING CO., INC. $ IN-HOUSE ESTIMATE $ CONTRACTOR AWARDED CONTRACT: Abisset Corporation BID/CONTRACT AMOUNT: =$20~685.00) 18,780.00 $19~700.00 bid/contract amount (+ 5% contingency of $985.00 FUNDING SOURCE: SHIP Rehabilitation Program Account No. 118-1924-554.49-19 COMMENTS: Lowest bid was submitted by William Hatcher Construction but no bid bond checl~ was included with bid. Bid/Contract awarded to Abisset Corporation who was second lowest bidder. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-51 APPLICANT: Willie and Dorothy Perry PROJECT ADDRESS: 11 SW 4th Street DATE OF BID LETTERS: DATE OF BID OPENING: NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION September 6, 2000 September 21, 2000 AMOUNT OF BIDS $ 23,110.00 $ T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONTRACTING, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION $ 31~910.00 $ 26~555.00 $ MICHAEL SHUBERT CONSTRUCTION, INC. $ WRIGHT'S WAY ROOFING $ SOUTH FLORIDA CONSTRUCTION $ NAUTILUS CONTRACTING CO., 1NC. $ IN-HOUSE ESTIMATE $ CONTRACTOR AWARDED CONTRACT: Abisset Corporation 20,667.00 BID/CONTRACT AMOUNT: $ 23~110.00 bid/contract amount (+ 5% contingency of $1,155.50 =$24~265.50) FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554.49-19 DELRAY BEACH Ali.America City DATE: TO: October 11, 2000 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561,,'243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 City Commission Brian Shun, Assistant City Attorney SUBJECT: Sale and Purchase of Odabashian Property The purchase of this property would allow the City to improve its access to the F.I.N.D. parcel as well as provide for additional parking. This property is located on the east side of northbound Federal Highway just south of Knowles Park. The essential terms of the purchase are as follows: 2. 3. 4. The City shall purchase the property for $140,000.00. The closing date shall be prior to November 18, 2000. The City will pay for title insurance and recording of the deed. The Seller shall pay all documentary stamps and the cost of any cure to the title and satisfaction of an existing mortgage, if any. The closing is comingent upon the City receiving grant funds for the full purchase amoum. If the City does not receive grant funds for the full amoum of the purchase the City may terminate the contract, waive the contingency or postpone the closing for up to 30 days. Please call if you have any questions regarding the Contract for Sale and Purchase. By copy of this memorandum to David Harden, City Manager, our office requests that this resolution incorporating the Contract for Sale and Purchase be placed on the October 17, 2000 City Commission agenda. Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Weldon, Director of Parks and Recreation RESOLUTION NO. 82-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, DESCRIBED AS THAT PART OF LOTS 10 AND 11, BLOCK 1, MODEL LAND COMPANY'S SUBDIVISION IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE EAST SIDE OF U.S. HIGHWAY #1, SOUTH OF KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND INCORPORATING AND ACCEPTING THE CONTRACT AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND EDUARDO AND JAMES ODABASHIAN. WHEREAS, the City of Delray Beach, Florida, wishes to acquire that part of Lots 10 and 11, Block 1, Model Land Company's Subdivision in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, located on the east side of U.S. Highway #1, for the municipal purpose of recreational amenities; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to enter into a contract with Eduardo and James Odabashian, as Sellers, in order to acquire certain real property in the City of Delray Beach to provide for recreational amenities, for the purchase price of One Hundred Forty Thousand Dollars (US$140,000.00), and other good and valuable consideration; said property being more particularly described as follows: That part of Lots 10 and 11, Block 1, MODEL LAND COMPANY'S SUBDIVISION in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying East of the East right-of-way line of U.S. Highway No. 1 (State Road No. 5), and between the Westerly extension of the North and South boundaries of Lot 27, Block 2 of said Subdivision, according to the Plat on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 1, Page 128, TOGETHER WITH IMPROVEMENTS THEREON. (Also described as being part of said Lots 10 and 11, Block 1, MODEL LAND COMPANY'S SUBDIVISION of said Section 21-46-43 as recorded in Plat Book 1, Page 128, being more particularly described as follows: Begin at the Southwest Comer of Lot 27, Block 2 of said MODEL LAND COMPANY'S SUBDIVISION of Section 21-46-43 for a POiNT OF BEGINNiNG; thence run West to the East right-of-way line of U.S. Highway No. 1 as set forth in Deed Book 1070, Page 489, Palm Beach County records; thence run Northerly along the East right-of-way line of U.S. Highway No. 1, a distance of 100.00 feet to a point; thence run Easterly, parallel to the South line herein mentioned to the West line of said Lot 27, Block 2; thence South along the West line of said Lot 27, Block 2 to the POiNT OF BEGINNiNG. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on this the 17th day of October, 2000. MAYOR ATTEST: - - City Cler!~ - ff ' - ~ -2- Res. No. 82-00 CONTRACT FOR SALE AND PURCHASE EDUARDO & JAMES ODABASHIAN, ("Sellers"), and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property CReal Property") upon the following terms and conditions: I. DESCRIPTION: See Exhibit "A" II. PURCHASE PRICE: $140,000.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before October 18, 2000, the offer will, at Seller's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 10 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before November 18, 2000, unless extended by other provisions of Contract. This closing is contingent upon the Buyer receiving grant funds from either Palm Beach County or the Florida Inland Navigational District by November 1, 2000 for the full amount of the purchase price. If Buyer fails to receive grant funds, from either one of the entities mentioned above, in an amount equal to the purchase price, Buyer shall have the right at its election to: (i) terminate this contract; (ii) waive this contingency; or (iii) postpone this closing and contingency for up to thirty (30) days. The Buyer shall provide written notice of its election to Seller no later than 5:00 p.m. on November 18, 2000, to close on this contract between the Buyer and Seller. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ¥~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them' prevents the use of Real Property for community facility purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount-of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a inarketable title subject only m liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable tide shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreemem. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, tide to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall fitmish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statemems, claims of lieu or potential lienors known to Seller and further attesting that there have been no improvemems or repairs to property for ninety (90) days mediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvemems or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. -2- F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agem designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish statutory warranty deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed shall be paid by Seller. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, ail major appliances, heating, cooling, electricai, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement arc required, Seller shail pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percem (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Selter shall maintain property including but not limited to the lawn and shrubbery, -3- in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confn'm compliance with this standard. M. Risk of Loss: If the property is damaged by f~re or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, bold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agem may, at Agent's option, continue to bold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgmem of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and geller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agem shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of alt deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract. the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. p. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. ATTEST: City Clerk B ,U~ZER: City of Delray Beach _ Mayor Approved as tO Form: ~.~ ~¢~,-~ City Attorney WITNESSES: (prim o~' type name)~ / (print or type name) SEttLERS:~ . By: Ed~O~abashian J~aes Odabashian STATE OF Florida COUNTY OF Broward - The foregoing instrument was acknowJ~Td~//before me this /~ dayof ..~... Nai Oen Lambert Wu Sigff~tufe ofIN&~t~'~ ~ublic - State of Florida =~,Comm~on # CC 787393 Nai Jen Lambert Wu ~ ~ Expires NOV. 1,2002 _-w-- ~ ~ ~ -- [~s~J~.~j ~,ON~.O T..U Pnnt, Type, or Stamp Comrmss,oned Name "..,r, ;,~*" ~.)c mo~~.~ co,,.c of Notary Public Personally Known ¢ OR Produced Identification Type of Identification Produced: STATE OF ~rf,0(2 z~tx COUNTY OF ~r0,-~.%4 The foregoing instrument was acknow~d~/y/before me this I,~ day of , ooo, ........ . , , Sig~m~ of~o~ ~blic - State of Florida .~ ~,,, ~ai den Lambe~ Wu -[l- f~Comm~nnCC787393 Nai Je~ Lambert Wu g~]~ ~res ~V. ~, ~00~ Print, Type, or Stamp Commissioned Name of Notary Public Personally Known x j OR Produced Identification Type of Identification Produced: -6- CiTY TTO EY'S OFFICE pE, LR~Y, Ali. America City DATE: TO: FROM: SUBJECT: 200 NW 1st AVENUE · DEl_RAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 October 11, 2000 City Commission David T. Harden, City Manager 'i21 m 2s;Sl, i s n;oT 271 o,s 10&il, Block 30 Attached please find a contract for the sale and purchase of lots 10 & 11, Block 30, Delray Beach, along with a resolution incorporating and accepting the terms of the contract. The price to be paid by the City, if the contract is approved, is forty-six thousand four hundred seventy-three dollars and 36 cents (US$46,473.36). This property is being purchased from the CRA pursuant to a prior agreement between the City and the CRA where the City agreed to pay 2/3 of CRA's costs in acquiring lots 10, 11 and 12, and to pay 2/3 of the cost for the demolition of structures upon lots 11 and 12. The City agreed to subsequently purchase lots i0 and I! from the CRA. (See prior agreement attached hereto) The lots are currently being used and will continue to be used by the City for stormwater retention. The figure of $46,473.36 includes the City's share of the cost expended by CRA for the acquisition of the lots and the demolition, along with the price paid by CRA for lots 10 and 11. If you have any questions, please do not hesitate to contact our office. Attachment cc: Bob Federspiel, Esq. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineeryz~_/~ 12 Oct 2000 SUBJECT: SW 4th Avenue Retention Pond Expansion Commission Agenda Item Project # 1999-061 The attached agenda item is for the purchase of two single-family residential lots for the Community Redevelopment Authority (CRA) for the purpose of expanding the existing retention pond. The existing pond is located on the southwest corner of SW E' Avenue and SW 1't Street. The existing pond was found to be significantly undersized, causing significant flooding along SW 4th Avenue and within the Police Department parking lot. The purchase of these two lots allowed the capacity of the existing pond to be doubled. · enc CC: Richard Hasko, P.E., Environmental Services Department Director file ~ESSRVOO2~DEPARTMENTS~EngAdmin~Project$t1999~99.061tOFFICiAL~agendamerno 17oct2000. doc RESOLUTION NO. 76-00 A .RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOTS 10 & 11, BLOCK 30, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY WHEREAS, the City of Delray Beach, Florida desires to acquire lots 10 & 11 within Block 30 for the maintenance of a retention pond upon the property; and, WHEREAS, it is in the best interests of the City to purchase the property described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to enter into a contract with the Delray Beach Community Redevelopment Agency in order to acquire Lots 10 and 11 of Block 30, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County, Florida for the amount of forty-six thousand four hundred seventy-three dollars and 36 cents (US$46,473.36). Section 2. That the terms and conditions contained in the aforementioned contract for the acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "A" and can be further reviewed in the office of the City Clerk, I00 N.W. 1st Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular sessiqo on this the/T¢/~day of OctgJ0er, 200@. MAYOR ATTEST: Ci~y~lerk - CONTRACT FOR SALE AND PURCHASE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, ("Seller"), and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lots 10 and 11, Block 30, Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1~ page 3 (sheet 2), of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE ................................ US$46,473.36. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before October 18, 2000 any deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 1 day before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before October 18, 2000, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~A feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that ~x~4 [BIT "A" date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and -2- security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E: Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments, closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment -3- CONTRACT FOR SALE AND PURCHASE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, ("Seller"), and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lots 10 and 11, Block 30, Town of Limon (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, page 3 (sheet 2), of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE ................................ US$46,473.36. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before October 18, 2000 any deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 1 day before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before October 18, 2000, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 % feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and -2- security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a' Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E.' Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time p~riod provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments, closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment -3- and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property' Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of -4- the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the agreement and receiving return of deposit(s). N.' Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance} disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or represemations shall be binding upon Buyer or Seller unless included in this Contract. No modification or -5- change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach By: David Schmidt, Mayor ATTEST: SELLER: Delray Beach Community Redevelopment Agency By: Chairman ATTEST: City Clerk Approved as to Form: Prim Name City Attorney -6- Palm Beach County Property Appraiser Property Search System Page 1 o1'2 Palm Beach County ProperO~ Appraiser Public Access System GARY R. NIKOLITS, CFA Owner Name DELP,_AY BEACH COMMUNITY Owner Information II Situs Address 11122 sw 4TH AVE Parcel Control Number 1112-43-46-16-01-030-01 oo Confirmation Information Subdivision: DELRAY TOWN OF Mailing 94 N ..... Address: - ~ w~rqlurq AVE l [DELRAY BEACH FL 33444 2632 Date: L , TOWN OF DELRAY LT'~ egat: INC BLK 30 ] I I [ Improvement Value: Land Value: Market Value: Use Code:Il 0100 2000 Proposed Appraisal $78,173 Number of Units: [ $28,000 $106,173 Acres: Description:llSINGLE FAMILY Total Sq. Ft: [ Extra geatures... .00 Land deta~ II Petition No=]1000000 1999 Certified Tax 2000 Assessed & Taxable values Ad Valorem: Non ad valorem:Il Total:l] $0.00 [ $o. OOll $o.OOll Assessed Value:J[ Exemption amount:[[ $106,173.00] $106,1731 Taxable:l] $0.001 2000 Exemption D . .. .IIFULL: MUNICIPAL escnpnon.i[GOVERNMENT Exemption IDELRAY BEACH Holder: COMMUNITY Percentage: I M°re"2_ _~ ] http ://www2 .co .palm-beach.fl .us/papa/detail_info .asp?p_entity= 12434616010300100 10/11/2000 .Palm Beach County Property Appraiser Property Search System Page 2 of 2 Sales Information I Sales Date II Book I1 P~age II Price II!nstrument SlOwner I Oct-1975 II 02469 i[--ra--~l $14011SHERIFFDEED II Please send comments to: propapl~Jto, palm-beach.fl, us> Copyright © 1997 by Palm Beach County Property Apprdis~r All Rights Reserved http://www2, co.palm-'beach.fl .us/papa/detail_info .asp?p_entity= 12434616010300100 10/11/2000 MapQuest: Map Search Result Page I et'2 Map Options · Directions To This Lg~a_tiq_n · Directions From This Locq~[_o._n · Ge_t__a_NQ_w Mai) Advanced Options: · Customize Mai) · Add Locations Sponsors i S~v ~ /kloney ll Step Plan vacatio Home J Help. J .~,..~, l: ~usiRessTrav~erlnlo ~ Leisuremnfo ~ C,ty Guide ~ MyMapQuest '~ Index m Maps = Driving Directions = Live TrafficRepo~s m Yellow&White Pages = Book Travel J Moving Center m MapStore Map Search Result H~. ? Travel Deals Sponsored b 122 SW 4TH AVE, DELRAY BEACH, FL, Savethis ~tr, 2508, US Add~s · Chec~.h~ ~ ~ ~ Delray Beac ~ ~ J PANNING J CLICKING ON MAP WILL: MAP a ~outhFIo N ~ O Move Location ~ a SouthFIo ~ Re-center O Zoom In SIZE w~ ~E ZOOmN~ · Sou~[~ I I Con~nent Re~ion C~ Street ~ Use $ublect to L~cense/Cop~nq~t Map LeqenO [ ~Xv Places of Interest HELP Click checkboxes below to show / remove locations on the map, [] Attractions [] Dining [] Education [] Lodging [] Money [] Recreation (Landmarks, National Parks, Huseums, More... ) (Fast Food, Fine Dining, Mexican, Italian, More~) (K-12, Universities, More~ ) (Hotels, Motels, Bed & Breakfasts, More._ ) (Banks, ATMs, More._.. ) (Golf Courses, Ski Areas, Stables, ~r_e~. ) [] Transportation (Airports, Train Stations, Bus Stations, 1'4_ore,~,. ) ~ I Live Traffic R · West Pal Traffi~ Yellow Page Search DEL BEACH for jse!~! On Sponsored Links O '~ 0 ~ O O 0 0 O 0 ...:r01 fb51aT&SNVData=3mad3-96,hr ¼.~ba0q415 ¼~d¼3dy2uzt1¼24tw2 ¼28 ¼3a211 ¼2bG~0/11/2000 AGREEMENT ("The Agreement") is made this~..f-day of~ , THIS AGREEMENT // 199~__ by and between the CITY OF DELRAY BEACH, a Florida Munf~pal Corporation (the "City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"). WITNESSETH: WHEREAS, the CRA is acquiring property known as the Carter Property on SW 4~ Avenue which consists of lots 10, 11, and 12, Block 30, City of Delray Beach; and · WHEREAS, there are homes on lots 11 and 12 that will be demolished by CRA; and WHEREAS, vacant lots 10 and 11 will be sold to the City so that the City retention pond on lot 9 can be enlarged; and WHEREAS, the City Ms determined that it is in the public interest for the City to pay two-ti'firds of the costs incurred by CRA in the demolition and purchase of the properties. NOW THEREFORE, for the mutual covenants and conditions contained in ti'tis Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. City's Obligation for Costs. The City shall be responsible for two-thirds the cost of demolition of the buildings upon lots 11 and 12, and two-tlfirds of the costs of the surveys, appraisals, reports, closing costs and attorney's fees incurred by CRA for the acquisition of lots 10, 11 and 12, Block 30, City of Delray Beach. The City shall remit its share of the costs as set forth in this agreement within 30 days of receipt of an invoice from CRA. CRA shall indemnify, defend and hold harmless the City, its officers, agents, employees and assigns from any claim, suit, cause of action or loss incurred as a result of any act or omission with regard to the demolition of the buildings upon lots 11 and 12. 4. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 5. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 6. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, said City of Delray Beach, acting by and tkrough its City Commission as the governing body, has caused this agreement to be executed in its name and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested by the Clerk of said City, and CRA has caused this agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, the day and year ftrst above written. ATTEST: City Clerk [~- City P~lrr~y THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: . .~Z..~ [' ~-'~.//~;c- ... Miyor, ~'ay Al~m ATTEST: Print Name DELRAY BEACH COMMUNITY ~_S.,W. IST ST. LO1' g .v~o BLOCK 30 I ~Js.~' LOT 10 BLOCK 30 , LOT II BLOCK 30 BLOCK ~0 ~ ~'~ LOT ~1 OCN MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~C'ff~ AGENDA ITEM 9--~ - REGULAR MRRTING OF OCTOBER 17, 2000 APPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD DATE: OCTOBER 12, 2000 With the adoption of Resolution No. 63-00 on September 7th, the Parking Management Advisory Board membership was expanded from nme to eleven members to include a representative from the West Atlantic Redevelopment Coalition CgqARC) and a second citizen-at-large representative. George Maso was appointed to serve as the WARC representative on October 3, 2000. The term for the additional citizen-at-large is effective mediately and will mn through January 31, 2001. The purpose of the Parking Management Advisory Board is to advise and provide recommendations regarding parking management policy and related issues including, but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road AIA within the corporate limits of the City. The following have submitted applications for consideration: Diane Borchardt Glen Saunders Jeanette "Jay" Slavin Dinah Stephenson Dwight Stephenson Randy Straglm Jane Bassa-Tolliver Kevin Warner Pursuant to Commission direction a check for outstanding hens and/or code violations was conducted. None were found. The appointment will be made by Commissioner McCarthy (Seat ~4). Recommend appointment of a citizen-at-large representative to the Parking Management Advisory Board for a term ending January 31, 2001. RetSAgmemo3.Appt.toPMAB CITY OF OELRrlY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH AII, Amedca City 1993 DATE: TO: FROM: MEMORANDUM October 13, 2000 City C~mmission ..____.__ Brian Shutt, Assistant City Attorney Writer's Direct L~ne: 561/243-7091 SUBJECT: Murphy v. City of Delray Beach. The Plaintiff, Ms. Murphy, filed suit as a result of a trip and fall. This occurred on April 18, 1996. The Plaintiff alleges that she fell on a connecting sidewalk between East Atlantic Avenue and the shops just south of East Atlantic Avenue. The Plaintiff alleges that as a result of the fall she has incurred medical expenses in the amount of $6,500.00 and will need a total left knee replacement in the very near future. The value for the knee replacement has been estimated to be between $45,000.00 and $50,000.00. The sidewalk in question was located in the FDOT right-of-way. However, at the time of the accident, the City had entered into an agreement with FDOT for the beautification of East Atlantic Avenue. It is alleged by the Plaintiff that the contract the City entered into with FDOT provided that the City was responsible for the condition of the sidewalk. FDOT has also alleged this in depositions through its employees. FDOT was originally a party to this lawsuit, however, it has recently settled with the Plaintiff. Ms. Murphy, through her attorney, has offered to settle this case with the City for $15,000.00, which includes all attorney's fees and costs. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release from the Plaintiff for any and all of her claims arising out of the trip and fall. Our office recommends acceptance of this offer. The City's Risk Manager, Frank Babin, and third party adjuster, Gallagher Bassett, also concur in this recommendation. By copy of this memorandum to David Harden, City Manager, our office requests this settlement be placed on the October 17, 2000 City Commission agenda for approval. David Harden, City Manager Alison Harty, City Clerk CC: Gene Montfort, Gallagher Bassett Services MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM /O. tq. - REGULAR MEETING OF OCTOBER 17. 2000 ORDINANCE NO. 27-00 (SMtmL SCtmE FUTURE LAND USE MAP AMENDMENT & REZONING/DELRAY SWIM & TENNIS CLUB) OCTOBER 12, 2000 This is second reading and a quasi-judicial (as to zoning) public hearing for Ordinance No. 27-00 that provides for a small scale Future Land Use Map (FLUM) amendment from MD (Medium Density Residential %12 dwelling units/acre) to CF-R (Community Facilities-Recreation), and rezoning from RiM (Medium Density Residential) to CF (Community Facilities) District for the City- owned parcel of land known as the Delray Swim & Tennis Club. The subject property is located on the west side of Jaeger Drive between Dotterel Road and Egret Circle, and contains 5.6 acres. The City purchased the property in September, 2000, to accommodate additional City-operated tennis and recreational facilities and provide a community center in the south end of the City. The Planning and Zoning Board held a public hearing on the proposed land use actions on September 18, 2000. Three members of the Dekay Racquet Club Association spoke in opposition to the request citing concerns with the CF zoning allowing more intense uses than the current RNi zoning. The Board voted 5 to 1 to recommend approval of the small scale FLUM amendment and rezoning based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezomng Actions), and Section 2.4.5(1))(5) (Rezonmg Findings) of the Land Development Regulations. The dissenting voter at the Planning and Zoning Board hearing felt that Open Space and Recreation (OSR) zoning was more appropriate. However, term/s centers are not listed as a permitted use in the OSR district. At first reading on October 3~d, the City cormmssion passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 27-00 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. RefiAgmerno21.Ord.27-00.SrnScaleFLUM.Rezoning.Delray Sm & Tenms Club ORDINANCE NO. 27-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACKE) TO CF-R (COMMUNITY FACILITIES - RECKEATION), AND REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT, FOR A CITY-OWNED PARCEL OF LAND LOCATED ON THE WEST SIDE OF JAEGER DRIVE BETWEEN DOTITEREL ROAD AND EGRET CIRCLE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as MD (Medium Density Residential 5-12 dwelling units/acre); and WHEREAS, the property hereinafter is shown on the Zoning District Map of the City of Delray Beach, Florida, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of September 18, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public heating and voted 5 to 1 to recommend approval of the small scale FLUM amendment and rezonmg, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of CF-R (Community Facilities - Recreation), and the Official Zoning Map of the City of Deltay Beach, Florida, is hereby changed to reflect a zoning classification of CF (Community Facilities) District for the following described property: LEGAL DESCRIPTION: A portion of Tract 1, Lake Ray, according to the Plat thereof, as recorded in Plat Book 29, Page 61, of the Pubhc Records of Palm Beach County, Florida, and a portion of Layer's Delray Racquet Club Addifon, according to the Plat thereof, as recorded in Plat Book 42, at Pages 112 and 113, of the pubhc records of Palm Beach County, Florida, more particularly described as follows: Commence at Southeast comer of Tract 1, Lake Ray, according to the Plat thereof, as recorded in Plat Book 29 at Page 61, of the Public Records of Palm Beach County, Florida, said point being on the East line of said Tract 1 and being the point of tangency of a curve in the Southeast comer of said Tract 1, thence N 02° 49'35" W tangent to said curve along the East line of said Tract 1, for a distance of 265.05 feet to the point of beginrfing; thence S 87° 10' 25" W for 104.48 feet; thence N 19° 59' 24"W for 22.30 feet; thence S 70° 00' 36" W for 153.50 feet; thence N 19° 59' 24" W for 5.00 feet; thence S 70° 00' 36" W for 166.20 feet; thence N 19° 59' 24" '9(/for 13.79 feet; thence S 80° 28' 00" W for 21.16 feet; thence N 19° 59' 24" W for 102.87 feet; thence S 70° 00' 36" W for 15.22 feet; thence N 14° 49' 09" W for 139.54 feet; thence N 34° 16' 18" E for 106.18 feet; thence N 74° 25' 51" E for 182.00 feet; thence N 18° 42' 36" E for 87.78 feet; thence N 82° 31' 18" E for 34.49 feet; thence N 02° 49' 35" W for 200.03 feet; thence S 90° 00' 00" E for 13.83 feet; thence N 02° 49' 35" W for 102.35 feet; thence N 87° 10' 25" E for 143.54 feet; thence N 02° 49' 35" W for 87.77 feet to a point on the south fight-of-way line of Egret Circle as shown on the Plat of Layer's North according to the Plat thereof, as recorded in Plat Book 43 Pages 92 through 94 of the public records of Palm Beach County, Florida; said point being on a non-tangent curve; said point bearing N 04° 50' 02" E from the radius point of the next descfibed curve; thence easterly along a circularly curve to the right and concave to the South, having a radius of 200.00 feet and a central angle of 17° 59' 55" for an arc distance of 62.83 feet to a point of reverse curvature; thence easterly along a circularly curve to the left and concave to the north having a radius of 200.00 feet and a central angle of 04° 43' 53" for an arc distance of 16.52 feet to a point of non-tangency; thence departing from said south right-of-way line of Egret Circle and run S 08° 30' 00" W for 35.80 feet; thence S 80° 00' 00" W for 23.37 feet; thence S 09° 59' 50" E for 35.80 feet; thence S 02° 49' 35" E along a line parallel with and 2.00 feet west of as measured at fight angles to the East line of said Tract 1 for a distance of 348.76 feet; thence N 87° 10' 25" E 62.00 feet; thence S 02° 49' 35" E along the east fight-of-way line of the abandoned and/or vacated 60.00 foot road fight-of-way of Jaeger Drive according to Official Records Book 3077 at Page 1597 of the Public Records of Palm Beach County, Flor/da for a distance of 104.53 feet to a point on the South line of Parcel "A", Lavers Delray Racquet Club _Addition according to the Plat thereof as recorded in Plat Book 42 at Pages 112 and 113 of the public records of Palm Beach County, Florida; thence N 90° 00' 00" W along the south line of said parcel "A" for 60.07 feet to a point on the East line of said Tract 1; thence S 02° 49' 35" E along the East line of said Tract I for a distance of 223.64 feet to the point of beginning. 2 Ord. No. 27-00 Section 2. That the City of Delray Beach elects to make this small scale amendment by having only ah adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3. ~ That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Official Zoning Map of the City of Dekay Beach, Florida, to conform with the provisions of Section 1 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective thkty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration comrmssion, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration commassion, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Depatm,ent of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 17th dayof October ,2000. ATTEST: City C~erk / ' FixstReading October 3, 2000 October 17, 2000 Second Reading MAYOR 3 Ord. No. 27-00 '''-~,N.O. ''~'~ .O..,EVA"0 t l ~~~ /~ ~~l/ N ~VER'8 DEL~Y ~CQUET CLUB ~ EXISTING FUTURE BND USE MAP ROSS PC LIN TON LINTON ~NTERNA TIONAL G C LAKEVIEW APAR TMEN TS SAD I BOULEVARD PLAZA COSTCO PC GC DELRA Y INDUSTRIAL PA RK I SOLID WASTE TRANSFER S TA TION CF MILLER FIELD MILLER PARK M SA COUN TRY ROAD OSR BUCKY DENT'S SCHOOL RM LAKE DELRAY APARTMENTS DRIV'[ ROAD CURLEW CD LEON WEEKE5 N LAVER'S DELRAY RACQUET CLUB EXISTING ZONING MAP RE. ZONING FROM: RM (MEDIUM DENSITY RESIDENTIAL} TO: CF (COMMUNITY FACILITIES) DELRAY RACQUET CLUB ASSOCIATION INC. 610 EGRET CIRCLE DELKAY BEACH, FLOR]X)A 33444 (561)-Z76-S79Z FAX - (561)Z7604017 E-Mail: delraq(~juno.com September 27, 2000 Mr. Costelto Delray Beach, FI. Dear Mr. Costello and Fellow Board Members: Enclosed you will find three (3) copies of our tennis layout at the Delrey Racquet Club. Please take note of the fact that the tennis courts are in our back yards and the close proximity to our Condos. This should make you aware of why we worry about your "mzoning" and what the fina', useage will be. I would appreciate your passing these layouts to other Board members and departments such as the planning board etc. to better understand our problem. There is a good chance that the property will be over-run by bicycles, roller blades, scotters and strangers all having the potential of causing numerous and related problems for our community. Of utmost concern as condo owners is the cause and effect that these problems wil! have on the value of our property. Having expressed our concerns we would appreciate your review and consideration of the above in an effort to make this an amiable situation. We look forward to headng from you and to have open lines of communication. Sincerely yours, For the Board ~u~nther Hoffman President Encl. GH:se PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 18, 2000 V.A. Future Land Use map Amendment from MD (Medium Density Residential, 5-12 Units per Acre) to CF-R (Community Facilities-Recreation) and Associated Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the City's Tennis - Facility at Laver's Delrey Racquet Club, Located on the West Side of Jaeger Ddve, between Dotterel Road and Egret Circle. -- GENERAL DATA: Owner/Applicant .............city of Delray Beach David T. Harden, City Manager Location .......................... West side of Jaeger Drive, between Dotterel Road and Egret Circle Property Size .................. 5.6 Acres Current F.L.U.M .............MD (Medium Density Residential 5-12 du/ac) Proposed F.L.U.M .......... CF-R (Community Facilities- Recreation) Current Zoning ............... RM (Medium Density Residential) Proposed Zoning ............ CF (Community Facilities) Adjacent Zoning....North: SAD (Special Activities District) & RM East: RM South: RM West: RM Existing Land Use .......... Vacant clubhouse facility with 14 tennis courts and a swimming pool. Proposed Land Use ........ Future Land Use Map Amendment and Rezoning to CF designations to accommodate a public tennis facility/club. Water Service ................. Existing on-site. Sewer Service ................ Existing on-site. V.Ao ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a city-initiated Small-Scale Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CF-R (Community Facilities - Recreation) and rezoning from RM (Medium Density Residential) to CF (Community Facilities) associated with the establishment of the Delray Tennis Club at Delray Racquet Club. The subject property is located on the west side of Jaeger Drive, between Dotterel Road and Egret Circle, and contains 5.6 acres. BACKGROUND/PROJECT DESCRIPTION At its meeting of August 14, 1978, the City Commission approved a Conditional Use and site plan request for Lake Ray Tennis Club for the construction of 325 units in six 5-story buildings and a tennis club with 15 courts. The clubhouse and associated recreational facilities were severed from the condominium owners interest and have been owned and operated over the years by several different entities and utilized for tennis academies. The condominium owners retained access to the recreational facilities through memberships. This condominium development and the condominium development to the east (formerly Laver's Delray Racquet Club Addition) were combined and are now referred to as the Delray Racquet Club. The subject parcel was zoned RM-15 (Multiple Family 15 units per acre) until it was rezoned to RM (Medium Density Residential) with the Citywide Rezoning associated with the adoption of the Land Development Regulations in October 1990. In 1997, the clubhouse and recreational facilities were sold to the Delray Beach International Tennis Resort Academy, Ltd., which operated a tennis academy in conjunction with the clubhouse. Since many of the students were foreign nationals with limited ability to speak English, the tennis academy submitted a conditional use request to establish a private school. On October 6, 1998, the City Commission approved the request, however the school was never established and the site was vacated in 1999. On September 6, 2000, the City purchased the property to accommodate additional City- operated tennis facilities and provide a community center in the south end of the City. The proposed FLUM amendment and rezoning to CF (Community Facilities) is to accommodate the City facility. I FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 2 frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 12Q acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; [;} The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The FLUM amendment involves approximately 5.6 acres, thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties within 200 feet been granted a land use change, within the last year. The proposed amendment to CF-R (Community Facilities - Recreation) is City initiated. The CF-P, land use designation allows for community facilities such as tennis centers. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical concern. Land Use Anal sis: Pursuant to Land Development Regulation Section 3.1.J(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The current Future Land Use Map designation for the subject property is MD (Medium Density P,esidential 5-12 du/ac). The requested FLUM designation is CF-R (Community Facilities- P,ecreation). The proposed zoning designation of CF is consistent with the proposed CF-R Future Land Use Map designation and "tennis centers" are listed as a permitted use in the CF zone district [ref. LDP, Section 4.4.21(B)(3)]. P&Z Board Staff Report . FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 3 Adiacent Future Land Use Map Desiqnations, Zonin.q Desi.qnations & Land Uses: North: North of the subject property, across Egret Circle has a FLUM designation of MD and is zoned SAD (Special Activities District). The property is developed as a multiple family known as Layer's North. South, East and West: The abutting properties to the south, east and west have a FLUM designation of MD and are zoned RM. The properties are developed as the Delray Racquet Club condominium development, and Town and Country Estates condominiums. Allowable Land Uses: Under the proposed CF-R designation, current and future sites for public buildings and single function buildings for community related purposes are allowed. The requested zoning designation of CF (Community Facilities) is consistent with the proposed FLUM designation of CF-R. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were found. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: E3 Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or. when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The FLUM change involves a property currently developed as a clubhouse with a swimming pool and tennis courts, which were once operated as a tennis club and most recently as a tennis school. The property has not been well maintained and has been a blight on the surrounding residences. The facility will help address a demand for additional City-operated tennis facilities, while providing a well managed and maintained facility that will be an enhancement to the surrounding properties. Given City ownership and operation of the facility, it is appropriate to change the FLUM and zoning designation to CF, to accommodate the proposed use. The proposed change will help fulfill Recreation and Open Space Policy A-2.1, which states that the City shall provide additional parks, recreation, and open space facilities through enhancement of existing facilities, major capital improvements and the P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 4 provision of new services to geographic areas which do not have facilities readily available to them. [] Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The following are applicable goals, objectives and policies. Future Land Use Element Obiective A-I - 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 conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The proposal involves demolition of the existing clubhouse, rehabilitation of the swimming pool, and upgrades to the tennis courts. A temporary office facility will be installed until funding is available to build a new clubhouse. The use of the property will be similar to that which previously existed. There are no physical conditions which would prevent the redevelopment of the property. The property can be redeveloped under the CF zoning in a manner that is complementary to the adjacent residential development as discussed below under Standards for Rezonings. The provision of additional recreation facilities has been identified in the Comprehensive Plan as a remaining land use need (ref. Open Space & Recreation Policy A-2.1). Housin.q 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 result in a degradation of any neighborhood, the project shall be modified accordingly or denied. This facility will function basically the same as it was originally intended when it was developed as a tennis club. However, it will be less intense since there will not be an associated restaurantJbar, which existed with the original tennis club. [] Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. Water and sewer mains exist on-site and no main extensions or upgrades are necessary. Pursuant to the 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. The provision of the tennis center/club increases the City's level of service standards for parks and recreation facilities. Traffic generated will be of similar levels as the originally approved tennis club and there will be minimal impacts P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 5 on solid waste facilities. The proposed CF Future Land Use Map designation allows facilities of the same or greater intensity than the existing MD FLUM designation. Technically, the establishment of the CF zone district would open this parcel to development, which could be more intense than uses allowed under the RM zoning. However, this petition is related to maintaining the existing tennis courts and swimming pool, and providing a tennis center. Concurrency findings with respect to future improvements will be made at the time of development review. [3 Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site and development plan. ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3): 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 Future Land Use Map Consistency, concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to the Land Development Regulations (Standards for Rezoning Actions, and Rezoning findings) are discussed below. Consistency: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standard B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis C~ub at the Delay Racquet Club Page 6 A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lots sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property and surrounding residences are designated as "Stable" on the Neighborhood Categorization Map. The rezoning is being processed to provide a public tennis facility on property that was previously used for similar purposes. The proposed CF zoning designation is consistent with the proposed CF-R Future Land Use Map designation. The CF zoning is more appropriate since the property is owned by the City and the City will operated the proposed facility. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following zoning designations and existing land uses: on the north, by SAD zoning (a multi-family development known as Layer's North; to the east, west, and south by the RM zoning (Delray Racquet Club condominium development). Compatibility with the surrounding properties is not a concern as the clubhouse facility and tennis courts have co-existed with the neighborhood for many years. The property has not been well maintained for some time and has resulted in a blighted situation. The proposal involves upgrades to the tennis courts, swimming pool and parking areas, and demolition of the existing clubhouse. The proposed upgrades will be an enhancement to the area. Section 2.4.5(D)(5) (Rezoninq Findin.qs): Pursuant to Section 2.4.$(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 7 The basis for rezoning relates to reason "b". The City has recently purchased the property to provide a tennis center facility. The CF district was created as a special purpose district that is intended to permit uses that serve public or semi-public purposes. Under these circumstances the existing RM zoning is inappropriate. The rezoning of the property will accommodate the tennis center. Further, the requested zoning of CF is of similar intensity as allowed under the proposed CF-R Future Land Use Map designation. Based on the above, the CF zone district is more appropriate fro' the property based upon a change in circumstances. REVIEW BY OTHERS The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. .Courtesy_Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: Delray Racquet Club Lake Delray Apartments Palms of Delray PROD (Progressive Residents of Delray) Presidents Council Town & Country Estates Tropic Palms Letters of objection or support, if any, will be presented at the P & Z Board meeting. ASSESS MENT AND CONCLUSIONS The Future Land Use Map amendment from MD to CF-R is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The rezoning from RM to CF is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in circumstances. ALTERNATIVE ACTIONS A. Continue with direction. P~,Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 8 B. Recommend approval of the Small Scale FLUM Amendment from MD to CF-R and rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Tennis Club/Center at Delray Racquet Club, based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the FLUM amendment from MD to CF-R and rezoning to CF for Delray Tennis Club/Center at Delray, based on a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 2.4.5(D)(5) that the rezoning is not more appropriate for the property based upon a change in circumstances. STAFF RECOMMENDATION Recommend approval of the Small Scale FLUM Amendment from MD to CF-R and rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Tennis Club/Center at Delray Racquet Club, based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Survey \\misrv001\departments\planning & zoning\boards\p&z board\laver'srezoningrrn-cf, doc printed 9/14/00 R.2OO,DO' p , _- _=...: TO: THRU: FROM: SUBJECT: PAUL DO.LI.G. ACT..G O. .,/// ///Jj_./Z,/--- JEFFREY A. COSTELLO, PRINCIPAL PLANNE~ I II/~ / MEETING OF OCTOBER 17, 2000 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A TENNIS CENTER AT DELRAY RACQUET CLUB (DELRAY SWIM AND TENNIS CLUB). The City recently purchased the recreation facilities associated with the Delray Racquet Club condominium development, totaling 8.26 acres. The City retained the west 5.6 acres of the site containing 14 tennis courts, swimming pool, and clubhouse, and conveyed the east portion (2.66 acres) containing 10 tennis courts and associated parking to the condominium association. As the City owns the property to the west, rezoning of that property from RM to CF is being processed concurrently, to accommodate the swim and tennis club/center. As part of the transaction associated with the 2.66 acre property, the City entered into an agreement to utilize the property. The agreement included non- exclusive and ingress/egress easements for use of the parking area for 99 years and use of the tennis courts for 35 years. The subject property (2.66 acres), owned by the condominium association, is currently zoned RM. Within the RM zone district the use of common recreation facilities such as tennis courts for club or commercial purposes is allowed as a conditional use. The agreement requires upgrades to the site, which includes the tennis courts, parking area and associated landscaping and parking lot lighting. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 18, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. Two members of the Delray Racquet Club Association had concerns with security, primarily trespassers. The Board discussed the proposal and voted 6-0 (Morris absent) to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Compatibility) and of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That a site plan modification be processed addressing the parking lot upgrades, including landscaping and lighting; 2. That the tennis courts not be lighted; and, 3. That the Police Department reviews the site plan, inspects the site, and provides recommendations related to any security concerns. By motion, approve the Conditional Use request to establish a tennis center at Delray Racquet Club, subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment:: P & Z Staff Report of September 18, 2000 /o.A. I. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 18, 2000 V.B. Conditional Use Request to Allow the Use of the Common recreational Facilities (Tennis Courts and Parking Facilities) within the Laver's Delray Racquet Club Addition, Located on the East Side of Jaeger Drive, Between Dotterel Road and Egret Circle. GENERAL DATA: Owner .............................. The Delray Racquet Club Association, Inc. Agent/Applicant ................ City of Delray Beach David T. Harden, City Manager Location .......................... Located on the East Side of Jaeger Drive, Between Dotterel Road and Egret Circle Property Size .................. 2.66 Acres Current F.LU.M ............. MD (Medium Density Residential 5-12 du/ac) Current Zoning ............... RM (Medium Density Residential) Adjacent Zoning...North: SAD (Special Activities District) East: OSR (Open Space & Recreation) South: RM West: RM (currently being rezoned to CF) Existing Land Use .......... Paved parking area, 2 racquet ball courts, and 10 tennis courts Proposed Land Use ........ Conditional Use request to allow the use of the common recreational facilities for a tennis club. Water Service ................. Existing on-site. Sewer Service ................ Existing on-site. ./ & [ ITEM BEFORE THE BOARD ] The action before the Board is making a recommendation to the City Commission on a Conditional Use request to establish a "tennis club/centeF' at Delray Racquet Club, pursuant to LDR Section 2.4.5(E). The 2.66 acre property is located on the east side of Jaeger Drive, between Dotterel Road and Egret Circle, within the subdivision known as the Delray Racquet Club. The subject property is a portion of the recreation facilities of the Delray Racquet Club consisting of the parking area and 10 tennis courts. The following is the development history regarding the property. At its meeting of July 23, 1979, the City Commission approved a Conditional Use and site plan request for "Laver's Delray Racquet Club Addition" for the construction of 136 units in two 5- story buildings and a clubhouse facility with a pool and 12 tennis courts. On July 22, 1980, the Planning and Zoning Board approved a site plan modification to construct a 30-unit 5-story building and reduce the number of tennis court from 12 to 10. The parcel was zoned RMo15 (Multiple Family - 15 units per acre) until it was rezoned to RM (Medium Density Residential) with the Citywide Rezoning associated with the adoption of the Land Development Regulations in October 1990. This condominium development and the condominium development to the west (formerly Lake Ray Tennis Club) were combined and are now referred to as the Delray Racquet Club. The clubhouse and associated recreational facilities, which were severed from the condominium owner's interest, have been owned and operated over the years by several different entities and utilized for tennis academies. The condominium owners retained access to the recreational facilities through memberships. The City recently purchased the recreation facilities associated with the condominium development, totaling 8.26 acres. The City retained the west 5.6 acres of the site containing 14 tennis courts and conveyed the east portion (2.66 acres) containing 10 tennis courts to the condominium association. As the City owns the property to the west, rezoning of that property from RM to CF is being processed concurrently, to accommodate the tennis club/center. As part of the transaction of the 2.66 acre property, the City entered into an agreement to utilize the property. The agreement included non-exclusive easements for use of the parking area and ingress/egress for 99 years and use of the tennis courts for 35 years. The subject property, owned by the condominium association, is currently zoned RM. Within the RM zone district the use of common recreation facilities such as tennis courts for club or commercial purposes is allowed as a conditional use, which is now before the Board for action. Planning and Zoning Board Staff Report Conditional Use Approval ~ Tennis Club/Center at Delray Racquet Club Page 2 [ pROJECT DESCRIPTION ;; The conditional use request is to establish a tennis club in conjunction with the City's proposed facility on the 5.6 acre property to the west. The proposal requires upgrades to the site, which includes the tennis courts, parking area and associated landscaping and lighting. CONDITIONAE USE ANALYSIS REQUIRED FINDINGS: (Chapter 3): 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 zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac) and a zoning designation of RM (Medium Density Residential). The RM zoning district is consistent with the MD Future Land Use Map designation and "the use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes" is listed as a Conditional Use in the RM district [LDR Section 4.4.6 (D)(7)]. Based upon the above, a positive finding can be made with respect to Future Land Use Map consistency. 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 proposal will have little or no impact on water and sewer demands, or solid waste. The request does not create a need for additional Parks and Recreation facilities, but rather enhances the existing facilities. There will be no change in trip generations that would impact traffic level of service standards. There are no drainage concerns with the request. Improvements to the parking area will result in the elimination of asphalt, which will provide additional pervious area. 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 no applicable policies were found. Planning and Zoning Board Staff Report Conditional Use Approval - Tennis Club/Center at Delray Racquet Club Page 3 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. Nor that it will hinder development or redevelopment of nearby properties. The east portion of the condominium development is bordered by the following: to the north by the Laver's SAD (Special Activities District), a multiple family development with a tennis school; to the east by Miller Park, zoned OSR (Open Space and Recreation); to the south by Town and Country, a multiple family development zoned RM; and to the west by the city- owned portion of the tennis facilities which is being rezoned to CF (Community Facilities), but is currently zoned RM. Compatibility with the adjacent residences is not a major concern. The establishment of a tennis club on the site will restore the development to its previous intent. The proposal includes upgrades to the site (tennis courts, parking, lighting and landscaping), and the traffic will be minimal. The upgrades and continued maintenance should enhance the existing developments. Although tennis court lighting was installed with the original approval for the tennis club in 1979, per the agreement with the Delray Racquet Club, the tennis courts are not to be lighted. The establishment of a tennis club at this location should not have a detrimental effect upon the stability of the adjacent neighborhoods, nor should it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan modification submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, site inspections have been conducted and the following analysis is provided. Parking: Pursuant to LDR Section 4.6.9(C)(6)(o) (Tennis Clubs), four spaces per court must be provided. There are currently 10 tennis courts, which requires 40 parking spaces and the existing parking area contains approximately 80 spaces. This parking area will also be used in conjunction with the tennis facilities to the west. Improvements to the parking area will result in the elimination of some spaces, however a parking deficiency will not result. Based upon the above, adequate parking exists to accommodate the tennis club. Li_~htinq: Per the agreement, the tennis courts can only be used during daylight hours, prior to dusk and are not to be lighted. However, parking lot lighting should be provided similar to other City operated parking lots. This lighting must comply with LDR Section 4.6.8. Planning and Zoning Board Staff Report Conditional Use Approval - Tennis Club/Center at Deiray Racquet Club Page 4 Landscaping: As stated previously, the landscaping associated with the parking area is substandard. With the parking upgrades, the landscaping will be upgraded accordingly. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: [] Deiray Racquet Club Lake Delray Apartments Palms of Delray PROD (Progressive Residents of Delray) Presidents Council Town & Country Estates Tropic Palms The proposed conditional use seeks to establish a tennis club at the Delray Racquet Club for the City of Delray Beach. The facility will be utilized in conjunction with the City's facility immediately to the west. The proposed upgrades to the site will be an enhancement to the area. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Continue with direction. Recommend approval of the request for Conditional Use approval for a tennis club/center at Delray Racquet Club, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), and Chapter 3 (Pen~ormance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Planning and Zoning Board Staff Report Conditional Use Approval - Tennis Club/Center at Delray Racquet Club Page 5 C. Recommend denial of the Conditional Use approval for a tennis club/center at Delray Racquet Club, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use to establish a tennis club/center at Delray Racquet Club, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Compatibility) and of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That a site plan modification be processed addressing the parking lot upgrades, including landscaping and lighting; 2. That the tennis courts not be lighted. Attachment: · Survey s:\planning & zoning\boards\p&z board\lavers tennis-cu.doc printed 9/14/00 FILE NUMBER: 2000-260-CPA-CCAand I 2000-261-REZ-CCA IPETITION NAME: DELRAY RACQUET CLUB (DELRAY SWIM AND TENNIS CLUB) A. City of Deiray Beach Comprehensive Plan as Existed on 10-17-00, B. City of Delray Beach Land Development Regulations as Existed on 10-17-00, C. City of Delray Beach Zoning District map as Existed on 10-17-00, D. City of Delray Beach Future Land Use Map as Existed on 10-17-00. ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE ITEM NUMBER DESCRIPTION OF ITEM City Commission Documentation for the meeting of September 7, 2000, initiation of FLUM Amendment and Rezoning. Audio tapes of the City Commission meeting of September 7, 2000. Tax map showing properties within a 500' radius of the subject property. List of property owners within a 500' radius of the subject property. Survey prepared by Heller-Weaver & Sheremeta, Inc., dated February 29, 2000. Public Notice File Number 2000-260-CPA-CCA and 2000-261- REZ-CCA, mailed on September 7, 2000. Notice of land use change published in the Boca Raton/Delray Beach News on September 7, 2000. Special Courtesy Notice to the Neighborhood Associations, mailed on September 8, 2000. Letter from Jeffrey Costello to Anna Yeskey, IPARC Clearinghouse, dated September 8, 2000, transmitting the notice of a Small Scale FLUM Amendment. Page 1 IN FILE 9-07-00 9-05-00 9-05-00 9-05-00 9-07-00 9-07-00 9-08-00 9-08-00 FILE NUMBER: 2000-260-CPA-CCAand I 2000-26'1 -REZ-CCA PETITION NAME: DELRAY RACQUET CLUB (DELRAY SWIM AND TENNIS CLUB) ITEM NUMBER 10. DESCRIPTION OF ITEM Planning and Zoning Board's Staff Report for the meeting of September 18, 2000. 11. Audio tapes of the Planning & Zoning Board's meeting of September 18, 2000. 12, 13. 14. 15. 16. 17. 18. Minutes of the City Commission meeting of September 7, 2000. Letter from Jeanne Mills, Palm Beach County School District to Jeffrey Costello, dated September 25, 2000. City Commission Documentation for the meeting of October 3, 2000. Audio tapes of the City Commission meeting of October 3, 2000. Ordinance # 27-00, passed on first reading October 3, 2000. Notice of land use change published in the Boca Raton/Delray Beach News, October 11, 2000. Minutes of the Planning & Zoning Board's meeting of Septer:nber 18, 2000. Resume briefs for: Paul Dorling, AICP, Acting Planning and Zoning Director. Jeff Costello, AICP, Principal Planner 19. IDATE ENTERED IN FILE 9-18-00 9-25-00 9-27-00 10-03-00 10-04-00 10-11-00 10-17-00 10-17-00 10-17-00 S:/APPEALS/2000-260-CPA-CCA & 2000-261-REZ-CCA DELRAY RACQUEST CLUB (DELRAY SWIM & TENNIS CLUB) Page2 CITY/ffTORKEY'S OFFICE Ali.Ams'iff City 1993 DATE: TO: October 11, 2000 FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 City Commission David T. Harden, City Manager J;~v ~:~nT~eC;~a~SeSriS2~ itD~ it; ;~a~ ~ de Enforcement Attached are various ordinance changes to the above-referenced Chapter which were brought about by changes made to Chapter 162, Florida Statutes this year. Most of the changes are procedural in nature. Changes include: · requiring a violator to provide notice to a potential purchaser of a property that has pending code violations; · revised notice requirements; · providing the City the ability to bring an action for a money judgment to collect on a code enforcement lien, By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the October 17, 2000 City Commission meeting for a first reading. Please call if you have any questions. Attachment CC: Lula Butler, Community Improvement Director Richard Bauer, Code Enforcement Administrator ORDINANCE NO. 28-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR CLARIFICATION OF A REPEAT VIOLATION; BY AMENDING SECTION 37.36, "INITIATION OF ENFORCEMENT PROCEDURES", TO PROVIDE PROCEDURES FOR ADDRESSING CHANGES IN PROPERTY OWNERSHIP; BY REPEALING SECTION 37.42, "FINES FOR NONCOMPLIANCE WITH ORDERS", IN ITS ENTIRETY AND ENACTING SECTION 37.42, "ADMINISTRATWE FINES; COSTS OF REPAR; LIENS", TO PROVIDE UPDATED LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY ENACTING SECTION 37.46, "NOTICES" TO PROVDE A PROCEDURE FOR SERVING NOTICE UPON VIOLATORS; PROVDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the enforcement of the City's Code Ordinances serves the public interest and promotes the health, safety and welfare of the residents of Delray[ Beach; and WHEREAS, the City Commission has determined that the amendments herein will further the City's goal of enforcing its Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.03, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 37.03 DEFINITIONS. "REPEAT VIOLATION". A violation of the provision of any code or ordinance by a person where thc Cc.~e Enfc. rc~.~n-..zr2 Eam'd has been previously found through a code enforcemenl board or any other quasi judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. Section 2. That Chapter 37, "Delray Beach Code Enforcement", Section 37.36, "Initiation of Enforcement Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 37.36 INITIATION OF ENFORCEMENT PROCEDURES. (H) If the owner of property which is subject to an enforcement proceeding before an! ~nforcement board, special master, or court transfers ownership of such property between the time] the initial pleading was served and the time of the hearing, such owner shall: 1. Disclose, in writing, the existence and the nature of the proceeding to the' prospective transferee; and 2. Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor; and 3. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and 4. File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the! new owner, within 5 days after the date of the transfer. ] 5. A failure to make the disclosures described in 37.36(H)1-4 before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the heating, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time! to correct the violation before the hearing is held. i Section 3. That Chapter 37, "Delray Beach Code Enforcement", Section 37.42, "Fines for Noncompliance with Order", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed in its entirety and a new Section 37.42, "Administrative Fines; Costs of Repair; Liens", be and the same is hereby enacted to read as follows: Section 37.42 ADMINISTRATIVE FINES: COSTS OF REPAIR: LIENS. ~ (A) An enforcement board, upon notification by the code inspector that an order of the l enforcement board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In l 2 ORD. NO. 28-00 addition, if the violation is a violation described in Section 37.36(C), the enforcement board shall] notify the local governing body, which may make all reasonable repairs which are required to bring! the property into compliance and charge the violator with the reasonable cost of the repairs alongl with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to thel property if such repairs were completed in good faith. If a finding of a wolation or a repeati violation has been made as provided in this part, a hearing shall not be necessary for ~ssuance of the order imposing the fine. If afier due notice and hearing, a code enforcement board finds a violationI to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in 'oaram'aph (B)(1). (B)(1) A fine imposed pursuant to this section shall not exceed $250 per day for a first! violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (A). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (2) In determining the amount of the fine, if any, the enforcement board shall considerl the following factors: (a~ The gravity of the violation; (b) Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. An enforcement board may reduce a fine imposed pursuant to this section. (4) A certified copy of an order imposing a fine, or a fine plus repair costs, may be! recorded in the public records and thereafier shall constitute a lien against the land on which the: violation exists and upon any other real or personal property owned by the violator. Upon petition the circuit court, such order shall be enfomeable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine' imposed pursuant to this part shall continue to accrue until the violator comes into compliance until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien' arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this. section. Afier 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attomey to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the 3 ORD. NO. 28-00 provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of! the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution. Actions for money judgments under this Section may be pursued only on fines levied after October 1, 2000. Section 4. That Chapter 37, "Delray Beach Code Enforcement", Section 37.46, "Notices", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 37.46 NOTICES. (A) All notices required by this part shall be provided to the alleged violator by: (1) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described below and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; (3) Leaving the notice at the violator's usual place of residence with any person, residing therein who is above 15 years of age and informing such person of the contents of the i notice; (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (B) In addition to providing notice as set forth in Subsection (A), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1)(a) Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as a prescribed under Chapter 50, Florida Statutes for legal and official advertisements. (b) Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. 4 ORD. NO. 28-00 be invalid. Section 6. hereby repealed. (2)(a) In lieu of publication as described in paragraph (1), such notice may be! posted at least 10 days prior to the heating, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to'exist and the other of which shall be at City Hall. (b) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Evidence that an attempt has been made to hand deliver or mail notice as set forth herein, together with proof of publication or posting as set forth herein shall be sufficient to i show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to That all ordinances or parts of ordinances in conflict herewith be and the same are Section 7. That this ordinance shall become effective upon its passage on second and finalI reading. ~ ND ADOPTED in regular session on second and final reading on this the 7' ~ day of i ATTEST: ~ity Clerk First Reading. /~// Second Reading MAYOR 5 ORD. NO. 28-00 [lTVi ELF flV EE rg CITY ATTOg EY'S OFFICE DELRAY BEACH Ali. America City 1993 DATE: TO: October 11, 2000 FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 MEMORANDUM City Commission David T. Harden, City Manager J;~v~i~nasmt~eCckh~Se Sri s9~ it,~ii~t'~n~~erty Attached is an ordinance making certain revisions to Chapter 90 of the City's Code of Ordinances. The revisions have been requested by Code Enforcement and, in some cases, are in response to changes made to Chapter 705, Florida Statutes. The changes suggested by code enforcement address areas of concern that they have identified with regard to enforcement of the current ordinance provisions. The revisions include changes to definitions in order to clarify various items of abandoned property, and changes regarding some of the notice requirements with regard to abandoned property. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the October 17, 2000 City Commission meeting for a first reading. Please call if you have any questions. Attachment Lula Butler, Community Improvement Director Richard Bauer, Code Enforcement Administrator ORDINANCE NO. 29-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 90.01, "DEFINITIONS", TO PROVIDE FOR ADDITIONAL DEFINITIONS; BY AMENDING SECTION 90.02, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED BY STATE STATUTE', BY AMENDING SECTION 90.03, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that abandoned property on public and private lands is considered a public nuisance and is a continuing issue within the City; and WHEREAS, the City Commission has determined that a need exists for updated definitions and provisions to provide for the adequate treatment of abandoned property; and WHEREAS, the City Commission has determined that the amendments herein will further the City's interest in addressing abandoned property; and WHEREAS, the City Commission has determined that the amendments herein are in the public interest and promote the health, safety and welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 90, "Abandoned Property", Section 90.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 90.01 DEFINITIONS. "ABANDONED MOTOR VEHICLE." Any motor driven vehicle regardless of size which is left unattended for a period exceeding seventy-two (72) hours or which meets the criteria under any one of the definitions below for "ABANDONED PROPERTY" or "DISMANTLED .. I MOTOR VEHICLE" or "INOPERABLE MOTOR VEHICLE or "WRECKED MOTOR VEHICLE." "ABANDONED PROPERTY.",^~",~.~ All tangible personal property, which does not have an identifiable owner and which is wrecked; or inoperable or partially dismantled; or unlicensed or discarded or which has no apparent intrinsic value to the owner. "ANTIQUE MOTOR VEHICLE."Any motor vehicle of the age of 35 years or more! which is registered with the State of Florida pursuant to F.S. Section 320.086. "DISMANTLED MOTOR VEHICLE." Any motor vehicle that has had parts removed therefrom and which does not or can not meet the requirements for operation upon the public streets such as, but not limited to, those contained in Florida Statutes, Chapter 316. "DISMANTLED VESSEL." Any vessel that has had parts removed therefrom and ! which does not or can not meet the requirements for operation upon the waters of the State. "ENFORCEMENT OFFICER." Those employees or other agents of the city designated by ordinance, or duly authorized and appointed by the City Manager, whose duty it is to enforce city codes. This definition shall include law enforcement officers· "INOPERABLE MOTOR VEHICLE." A motor vehicle shall be deemed inoperable if it does not meet the requirements for operation upon the public streets of the City of Delray Beach, ~nclud~ng ................ -.~-~. ~...~.~ ..~..~.~ ...... but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. However, this shall not apply to motor vehicles located on private property owned or leased by automobile dealers, new or used, possessing a current, valid occupational license; nor shall this definition apply to any antique or collector vehicle which is registered with the State, pursuant to F.S. Section 320.086. "INOPERABLE VESSEL."A vessel, which does not meet the requirements for operation on the waters of the State for reasons such as, but not limited to, being unlicensed, unregistered, in a state of disrepair, wrecked, or abandoned. "MOTOR VEHICLE." A vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, tracks, tractors, go-carts, golf carts, campers, motorhomes, and trailers. "PRIVATE PROPERTY." Any real property within the city which is privately owned and which is not defined as public property herein. "PUBLIC PROPERTY." Lands and improvements owned by the ~_ederal g_QGovemment, the State, a eCounty or a municipality an~ :.n:!'.:~c: including sovereignty submerged 2 ORD. NO. 29-00 .. t lands located adjacent to the county or municipality, buildings, grounds, parks, parking lots, beaches, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property. "UNLICENSED MOTOR VI*.I-IICLE." Any motor vehicle for which there is no current license or registration on file with an authorized governmental agency· ' ' of re 'stration] "UNLICENSED VESSEL."A vessel for which there is no current certincate with the State Department of Environmental Protection. "~.,~St~" Includes every description of water craft, barge, and air boat, other than seaplane on t~he water, used or capable of being used as a means of transportation on water. "WRECKED MOTOR VEHICLE." Any motor vehicle..~Ac ..,~.:~..,._v.. +~'..v .... vv..~..v-~;+;~- :s .......... which is damaged due to collision or any other reason and which does not or can not meet the requirements for operation upon the public streets such as, but not limited to, those contained in Florida Statutes, Chapter 316. "W V " Any vessel which is damaged due to collision or any other reason or which does not or can not meet the requirements for operation on the waters of the State. Section 2. That Chapter 90, "Abandoned Property, Sect]on 90.02, Stonng, Parking or Leaving Aband<~ned Property on Public Property", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section90.02 STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY. (A) No person shall store, park, leave or permit the storing, parking or leaving of any abandoned property or o__f any wrecked, dismantled, unlicensed or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not, upon any public property within the City for a period of time in excess of 72 hours. The presence of abandoned property on public property is declared a public nuisance which may be abated in accordance with the provisions of this section chapter and Chapter 705, Florida Statutes. This section does not apply to motor vehicles, vessels or other types of abandoned property parked or stored on public property by the City, its officers, employees, or any of its departments. (B) Procedures for Removing Abandoned Property. 3 ORD. NO. 29-00 (1) Whenever an enforcement officer ascertains that an article of abandoned! property is present on public property, and is of such a nature that it cannot be easily removed, the officer shall affix a notice to that article in substantially the following form: "NOTICE TO THE OWNER AND ALL PERSON INTERESTED IN THE .ATTACHED PROPERTY: ff~454v41~l~P,~ this property (setting forth brief description) is unlawfu!lyI upon public property known as (setting forth brief description of location) and must be removed within five (5) days; otherwise, it shall be presumed to be abandoned property, and , is osed of b order of the City of Delray Beach. The owner wall be will be removed and d p Y . . .... liable for the costs of removal, storage, disposal, and any pubhcaUon costs zor nouee~ purposes. Dated this: (setting forth the date of posting notice). Signed: (setting forth name, title, address and telephone number of enforcement officer)." The notice shall be no smaller than eight inches (8") by ten inches (10") and shall be sufficiently weatherproof to withstand normal exposure to the elements. (2)(a~ In addition to posting, for other than motor vehicles and vessels, the! enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such information is reasonably available to the enforcement officer, the officer shall mail a copy of the notice by certified mail return receipt requested to the owner and any abutting real property owner(s) if other than the City where the abandoned property is located on or before the date posting. b~ If the property is a motor vehicle or a vessel, the enforcement officer shall contact the Department of Highway Safety and Motor Vehicles or the Department of Environmental Protection, respectively, in order to determine the name and address of the owner and the name and address of any person who has filed a lien on the ~hiete-or--ves~ aforementioned property pursuant to sState law. On receipt of this information, the enforcement officer shall mail a copy of the notice by certified mail, return receipt requested, to the owner, an~ '~ *~'~ lien holder, if any,~ h~ ~:,: ......... r +~ -^+:~ .~u ~-~ ~;~ ....... and any abutting real property owner if other than the City where the abandoned property is located on or before the date of posting. .(g.) Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not ~ toll any time periods for the removal, storage, destruction, or other disposition of abandoned property. (d~ If, at the end of five (5) days after posting the-notice and mailin such notice if required, the owner or any person interested in the abandoned property described in the notice has not removed the property from public property or shown reasonable cause for failure to do so, the following shall apply: 4 ORD. NO. 29-00 (-sa-) 1~ The City may retain any or all of the property for its own use, o~ tradeT such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service. tCb-) 2_. The owner of any abandoned cr !vst property, who after notice as~ provided in this section, does not remove such property within the specified period, shall be liablel · 11 costs of removal, storage disposal and publication of notice for such property, to the City for a . . · less any salvage value obtained by d~sposal of the property. Pursuant to Section 705.103(4), Floridai Statutes, upon final disposition of the property, the enforcement officer shall notify the owner, ifi known, of the mount owed. In the case of an abandoned boat or motor vehicle, any person who~ neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for! such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The enforcement officer shall supply the State Department of Environmental Protection with a list ofi persons whose boat registration privileges have been revoked under this section and the State Department of Motor Vehicles with a list of persons whose motor vehicle privileges have been revoked. Providing notice has been affixed and mailed, if required, in accordance with the above procedures, moving abandoned property from one public property location to another public property location shall neither toll original time periods for the removal, storage, destruction, other disposition of the abandoned property nor require additional notices prior to removal of th~ property by the City. (c-) 3. The rightful owner shall be liable for the City's cost for transportation and storage of abandon'-ed property and, if the rightful owner does not pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the City. The claim to the property must be made no later than 10 days after the Notice of Removal date, Section 90.03(D)(5). (3) Notices required for this section shall be mailed and contain the information as specified in Sec. 90.03(D)(4), except as noted below. (a) A notice mailed prior to removal: 1. Will not contain a parcel identification number or legal description when such is not applicable to the public property in question. 2. Will not contain any provisions for a hearing. However, a telephone number will be included to permit an appropriate party to call to demonstrate reasonable cause for not removing the property described in the notice. Upon receipt of such reasonable cause information, the city shall inform the party of the final disposition of the case, which may include, but not be limited to, extending the time period for removal, canceling the case or removing the property at the expiration of the original time period. 5 ORD. NO. 29-00 .. Co) The notice mailed after removal; 1. Will not contain the address fi.om which the property was removed, unless there is an actual address of such property, but shall include a description of the location fi.om which the property was removed. 2. Will not contain notice that a lien will be placed on the real property fi.om which the abandoned property was removed. Section 3. That Chapter 90, "Abandoned Property", Section 90.03, "Storing, Parking or LeavingI Abandoned Property on Private Property", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 90.03 STORING~ PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY. (A) No person shall store, park, leave or permit the storing, parking or leaving of any ¢mpemlde-~ abandoned property ....... ,.~-:~ ;'::::! cr ^*~'~- "~'~-~^"~ ..... '~" or of any! wrecked, discarded, dismantled, unlicensed, or inoperable motor vehicle or vessel, which shall be: presumed to be abandoned whether attended or not upon any private property within the City for period of time in excess of 72 hours. The presence of abandoned property on private property, is declared a public nuisance which may be abated in accordance with provisions of this chapter. ' (B) This section shall not apply to: A ..... * ..... ~.1.1 .........~ ..,h;-~- ;~ Prcmar~v within a comnletelv enclosed (1) , -.~ ..................................... ~ building, provided that such vehiete-or-v~s~ property is the property of the owner or occupier of the to~ building and that such use is not a commercial use of the property unless such use is authorized by other ordinances of the City; or (2) Any antique or collector vehicle registered with the State. However, no more than two antique motor vehicles may be retained ~ at the same ~ for collection purposes unless they are appropriately stored within a completely enclosed building or unless such use is permitted by other ordinances of the City. (C) Affixing Notice. 6 ORD. NO. 29-00 (1) Whenever an enforcement officer :ha!! ascertains that an o~ article of abandoned property is present on private property in violation of the provisions of this secti'~n, ~h~ enforcement officer shall affix a notice to that article in substantially the following[ form: "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY:: :l:this property (setting forth brief description) located at (setting forth brief description of l(~cation) is improperly stored, parked or left and is in violation of .... ~*; ....:~*~,~ Section 90.03, City of Delray Beach Code of forth erdin~ncc, cr .~, ................ t~.. ~. w five (5) days fi:om the date of this notice Ordinances and must be removed within ~ t~ m unless a hearing has been demanded w~thln s ..... ~, ~ five (5) days of the date of this notice. Otherwise, the property will be removed and disposed of by order of the City of Delray Beach. The owner will be liable for the cost of removal, storage, disposal, and pubhcation' of notice for the property. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer)." CALL 243- 7212 FOR HEARING INFORMATION. (2) The notice shall be no smaller than eight inches (8") by ten inches (10") and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to, affixing the above notice, the enforcement officer shall, on or before the date of affixing the notice, mail by certified mail, return receipt requested, a notice to the owner of the real property upon which the abandoned property is located. In addition, tif the al~aado~aed property is a motor vehicle, or a vessel, the enforcement officer shall --~ .......... ~.~ ~r~-~.~ ........ ;~ contact the Department of Highway Safety and Motor Vehicles or the Department of Environment Protection, respectively, in order to determine the name and address of the ~ owner and the nan',c and address of any person who has filed a lien on the ,,~4dete-o-~s~ aforementioned property p_~rsuant to State la~(, and shall also mail a copy of such notice by certified mail, return receipt requested, to those persons, pursuant to the procedures described in Section 90.03}03) (D)(-G (4). · . The mailed notice shall also advise the interested party that the party may request a hearing no later than sc,;'cn (7~ five (5) days from the d~ae-ofqhe-a~_otice dDate by filing a written request with the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled within fifteen (15) days from the date the request is received. SEE SECTION 90.03(D)(4) FOR REQUIREMENTS FOR INFORMATION TO BE PROVIDED ON MAILED NOTICES. (D) Hearing, Removal and Notice Procedures· (1) Hearing. The hearing before the Code Enforcement Board shall be conducted in accordance with provisions of Chapter 37 of the Code of Ordinances. If the Code Enforcement Board determines that the conditions cited in the notice constitute a public nuisance, the owner of the property shall have an additional seven (7) days to correct or remove the conditions. If the conditions are not corrected, the city shall have the right to have the conditions 7 ORD. NO. 29-00 abated at the expense of the property owner or to assess fines in accordance with the Code Enforcement Board's decision and order. (2) Removal. If the owner or other interested person has not requested a hearing w~thln s .....~, j five (5) days after ~ the Notice Date, and if; at the end of ~ qOx five (5) days after the mNotice dDate, which shall be the Final Correction Date, the owner, or] ~n;Jperson interested in the a'~andone-'~ aXic!e property described !n th.e notice, .has not rem~oved the, i a~ic!e property and or otherwise complied with the ordinance(s) cited in the notme, the emorcemem ! officer may cause the article of abandoned property to be removed, stored and destroyed. Thei salvage value, if any, of the article shall be retained by the local government to be applied against i _ Un ....:,'.:ch ~A.,. ~ .... c:...~r the cost of removal, storage~ and destruction thereof~. ~ ~ ....arz ~c2d *"' +~ ...... ' :_, ...... ~ ~,~ ....,:,~ ~ ........ :~, ^c +~ ~:~ If the City has the condition abated and i other ...........r~-~ ........... v payment is not received within thirty (30) days after mailing a notice of assessment for the cost of i the work to ether with all costs of inspection and administration, the City shall have a lien placed ! g . · against the real property from which the abandoned property is removed for the costs, plus Interest ~ at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collection those sums without further hearing. Providing notice has been affixed and mailed, in accordance with the above procedures, moving abandoned property from one private property location to another private property location shall neither toll original time periods for the removal, storage, destruction or other disposition of abandoned property nor require additional notices prior to removal of such property by the City. , (3) Notice. Notifications to owners and other interested parties shall be addressed to the applicable parties according to addresses listed in official records provided to the City by State or County agencies. Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in accordance with County and State provided information shall not p~we/a toll any time periods for removal, storage, destruction or other disposition of abandoned property or the assessment of liens for charges due for such removal or require additional notice prior to removal of such property by the City. (4) Notice Requirements Prior to Removal of Property. A notice shall advise the tas44effisler~ gbandoned ~owner(-~), lien holder(s) of record and owner(s-) of the real property on which the abandoned property is situated of: (a) after the aNotice dI2ate. (e) Thea Noticed Date. The ~_inal eCorrection dDate, which shall be no lc:: ..... :[0 5 days That after the ~_inal eCorrection dDate, the City shall have the right to remove the property described in the notice. 8 ORD. NO. 29-00 (d) The right to and method of demanding a hearing on the condition described in the notice. (e) (0 Make, model and year of manufacture, if available and applicable. Tag number or~ i__f a vessel or trailer, registration number, if available and applicable. (g) Vehicle tidentification t~number~ or Vv__essel or l:c. at lidentification ~;number, if available and applicable. (h) Last registered to name(s) as provided to the City by County or State agencies, if available and applicable. (i) (j) vehicle~_o~ vessel or trailer. (k) Ordinance or regulation violated. A description of the abandoned property if such is other than a The location (street address or general description as applicable) where the abandoned property is situated. (1) The parcel identification number. Th: ~arce! :~d~nt:..ficat:.cn nm'..Seh which is the number Palm Beach County assigns to the real property upon which the abandoned property is located. (m) The legal description of the real property where the abandoned property is located, as published by Palm Beach County. (n) A telephone number to call for further information. (o) Estimated towing, storage and administrative charges if the City removes the described property. (p) Any lien holders of the property as provided to the City by either County or State agencies. (5) Notice Requirements After Removal of Property. Within 5 days after removal of abandoned property, a Notice of Removal shall be mailed by First Class mail to the an'/ partyie~s notified pursuant to Section 90.03(D)(4), informing them of the Notice of Removal Date and the Final Reclamation Date. The Final Reclamation Date shall not be earlier than 24~ ten (10) 9 ORD. NO. 29-00 days following the Notice of Removal t~ktate. In addition, the Following information shall be included in the notice: (a) The information noted in Section 90.03(D)(4)(a) through (p) above: except 90.03(D)(4)(b~}. (c), (d). (b) A final reclamation date which shall be no less than 10 days after the l Notice date. tc~)(c) A telephone number to call to claim the removed property and to! further inquire about the property and charges due and payable prior to reclamation. (c-)(d) The requirement to produce personal identification and proof of ownership prior to reclamation. (-d)(e) That a lien will be placed on the real property from which the abandoned property was removed if all charges due are not paid. (e-)(fl That if the property is not timely reclaimed, the right to reclaim and the title to the property are waived and that consent is granted to the City to dispose of the property. (6) If the ~ owner of ~ abandoned ~ cannot be reasonably determined, it shall be sufficient notice to publish a Notice of Removal once in a newspaper of general circulation in the City containing the following information: (a) (b) property was removed. number A brief description of the removed property. Either the street address or a description of the parcel fxom which the (c) If available and applicable, TSe vehicle or vessel identification or vessel registration number and any tag number as affixed to the vehicle. (d) A telephone number to call to reclaim the property, to determine charges due and to obtain further information. (e) Notification that the property must be reclaimed no later than -2~ ten_ (10) days after the date the nctificatien Notice of Removal was published, or the right to reclamation is waived along with any right and title to the property, and that by failing to make a claim, consent is granted to the City to dispose of the property. 10 ORD. NO. 29-00 (7) When published in a newspaper of general circulation, the Notice of Removal may contain listings of more than one property. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. hereby repealed. Section 6. reading. ~D AND ADOPTED in regular 2000. That all ordinances or parts of ordinances in conflict herewith be and the same are That this ordinance shall become effective upon its passage on second and final session on second and final reading on this the 7~ day of i MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 29-00