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09-18-07 Agenda Reg
City of Delray Beach Regular Commission Meeting s ~"{Ii • RULEB 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 Tuesday, September 18, 200? and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. Z. 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. ADDRE88ING THE COMMI88ION: 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 remazks 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 PROCEDURE8 Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone• (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax• • (561) 243-3774 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. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • September 4, 2007 -Regular Meeting • September 11, 2007 -Special/Workshop Meeting 6. PROCLAMATIONS: A. Spady Living Heritage Day -September 22, 2007 B. Walk Our Children to School Day -October 2, 2007 C. Fire Prevention Week -October 7 - 13, 2007 D. Discover Afterschool Day -October 18, 2007 E. Character Counts Week -October 21 - 27, 2007 7. PRESENTATIONS: A. Sister Cities of Delray Beach, Inc. Youth Ambassadors 8. CONSENT AGENDA: City Manager Recommends Approval. A. CHANGE ORDER NO. 2/ENCO, LLC: Approve Change Order No. 2 in the amount $29,641.00 to ENCO, LLC for the replacement of the Atlantic Dunes Lifeguard Tower. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). B. CONTRACT ADDITION (C.O. NO. 1) /WEST CONSTRUCTION, INC: Approve a Contract Addition (C. O. No. 1) in the amount of $206,269.25 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a parapet wall due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. Funding is available from 334-4174-572- 63.90 (General Construction Fund/Intracoastal Park/Other Improvements). C. CONTRACT CLOSEOUT (C.O. NO. 2/FINATl11ROSS0 PAVING & DRAINAGE, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $57,275.46 decrease and final payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. for completion of the N.E. 4`~ Street Improvement Project. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/N.E. 4`~ St.-N.E. 5~' Avenue to N.E. 6~' Avenue). 09-18-2007 -2- D. SERVICE AUTHORIZATION NO. 07-01/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 07-O1 in the amount of $85,000.00 to Kimley-Horn and Associates, Inc. for completion of construction plans for implementation of the Florida Department of Transportation (FDOT) approved temporary modifications to US 1 between S.E. lOs' Stteet and George Bush Boulevard. Funding is available from 334-4141-572-65.99 (General Construction Fund/S.E./N.E. 5s' and 6s' Avenues) after transfer from the Community Redevelopment Agency (CRA). E. ~ZUEST FOR SIDEWALK DEFERRAI./1108 COCONUT ROW: Approve a request to defer the installation of a sidewalk in front of 1108 Coconut Row. F. AMENDMENT TO BID AWARD/HATCHER CONSTRUCTION AND DEVELOPMENT, INC./133 N.W. 5TH AVENUE: Approve an amendment to the bid award between the City, Community Redevelopment Agency (CRA) and Hatcher Development and Construction for the renovation of 133 N.W. 5~' Avenue. The amendment to the bid award shall add necessary changes to the original scope of work and allow for exterior improvements totaling $149,510.45. The Community Redevelopment Agency contribution will increase from $19,138.00 to a total of $168,648.45, subject to the Community Redevelopment Agency (CRA) Board approval at their September 20, 2007 meeting. G. EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.: Approve an extension to the agreement between the City of Dekay Beach and Motorola, Inc. for the maintenance and support of the Police Department's field computer applications that will also include the Premier Message switch software, the Premier MDC client licenses, the TalkThru software and licenses, and the CAD interface. Funding is available from 001-2113-521- 46.90 (General Fund/Other Repair & Maintenance Costs). H. GRANT PROGRAM/ORCHARD VIEW PARK AIR POTATO REMOVAL/LEON WEEKS ENVIRONMENTAL PRESERVE: Approve the interlocal agreements between the City and Palm Beach County for reimbursable grants from the Palm Beach County 2007 Public Lands Grant in the amount of $5,100.00 for Orchard View Park Air Potato Removal and in the amount of $5,000.00 for eradication of prohibited invasive non-native vegetation at Leon Weekes Environmental Preserve. I. INTERLOCAL AGREEMENT/PALM BEACH COUNTIt/DRQW~IING PREVENTION COALITION: Approve an Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per child for the Learn to Swim Program at Pompey Park and the Delray Swim/Tennis Center through the Drowning Prevention Coalition of Palm Beach County. J. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (jam) FOR FY 2007: Accept the Edward Byrne Memorial Justice Assistance Grant QAG) in the amount of $60,576.00 which will provide funding for the Police Department's Holiday Task Force Overtime. 09-18-2007 -3- K. SPECIAL EVENT REOUEST/8'~ ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 8s' Annual Downtown Delray Beach 'T'hanksgiving Weekend Art Festival to be held on November 24, 2007 through November 25, 2007 from 10:00 a.m. unti15:00 p.m., to grant a temporary use pemut per LDR Section 2.4.6(F) for the use of N.E. 2°d Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3`~ Street, to utilize the City Hall parking lot for vendor parking, and to authorize staff support for traffic control, barricading, security and Fire Inspector with the sponsor paying all overtime costs, contingent upon receipt of an executed hold harmless agreement. L. SPECIAL EVENT REQUEST/21~ ANNUAL TURKEY TROT: Approve a special event request to allow the 21" Annual Turkey Trot to be held on Saturday, November 17, 2007 from 5:00 a.m. until approximately 9:00 a.m., including temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricade set-up/removal, trash removal and clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 7:00 a.m. until approximately 10:00 a.m. M. CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL: Approve an agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $769,009.00 for programs and services carried out under the Beacon Center at Village Academy Elementary School for FY 2007/2008. N. AGREEMENT/CHILDREN'S SERVICES COUNCIL OUT OF SCHOOL PROGRAM: Approve an agreement between the City of Dekay Beach and Children's Services Council (CSC) for a reimbursable amount up to $314,825.00 for the Parks and Recreation Out-of-School Youth Recreation/Enrichment Programs, which includes After School, Holiday/Spring Camp, One Day Camps and Summer Camp. O. FLORIDA LEAGUE OF CITIES AND FLORIDA LEAGUE OF MAYORS/GREEN CITY ACTION ACCORD: Authorize the Mayor to sign the "Mayors' Green City Action Accord" resolutions adopted by the Florida League of Cities and the Florida League of Mayors. P. SERVICE AUTHORIZATION 14.4/CURRIE SOWARDS _ AGUILA ARCHITECTS: Approve Service Authorization No. 14.4 in the amount of $32,750.00 to Curve Sowards Aguila Architects for additional design and construction admuustration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, for the Mangrove Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). 09-18-2007 -4- Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 3, 2007 through September 14, 2007. R. AWARD OF BIDS AND CONTRACTS: 1. Contract award to GC Works, Inc. in the amount of $133,093.40 for the construction of Sunshine Neighborhood Park. Funding is available from 334- 4151-572-68.39 (General Construction Fund/Sunshine Park). 2. Contract award to West Construction, Inc. in the amount of $458,932.60 for the Lindell Boulevard Traffic Calming Project. Funding is available from 334-3162- 541-65.78 (General Construction Fund/Traffic Calm-Lindell Blvd). 3. Purchase award to Argo Uniform in the amount of $34,053.00 for the purchase of replacement uniforms for the Police Department. Funding is available from 001-2111-521-52.22, 001-2113-521-52.22, 001-2115-521-52.22, 001-2117-521- 52.22, 001-2119-521-52.22 and 001-2121-521-52.22 (General Fund/Uniforms/Linen Service). 4. Purchase award to Dell Marketing, Inc. in the amount of $58,376.00 for the purchase of twenty (20) laptops and seventeen (17) docking stations and to SunGard H.T.E in the amount of $16,725.00 for the purchase of fifteen (15) licenses for the Fire-Rescue Department. Funding is available from 334-6112- 522-64.90 (General Construction Fund/Other Machinery/Equipment). 5. Bid award to Carlson-Moore Construction in the amount of $160,780.80 for box seat replacement of 1,272 box seats with cup holders at the Tennis Stadium. Funding is available from 001-4210-575-63.90 (General Fund/Other Improvements). 9. REGULAR AGENDA: A. RENEWAL/LIABILITY~WORKERS' COMPENSATION AND PRIMARY PROPERTY INSURANCE PROGRAMS: Consider renewal of the City's liability, workers' compensation and primary property insurance programs effective October 1, 2007. B. WAIVER REQUEST/744 SEASAGE DRIVE: Consider a request for a sidewalk waiver associated with the demolition of an existing home and construction of a new single family residence located at 744 Seasage Drive, within the Beach Overlay District. (Quasi Judicial Heating) C. WAIVER REQUEST/MAROONE CHRYSLER _ _ _ _IE~I'____ DODGE DEALERSHIP: Consider a request for waiver to allow the installation of a 1,400 square foot temporary office trailer for the Maroone, Chrysler, Jeep, Dodge automotive dealership as a temporary sales office for the employees and a customer waiting area to be utilized during the construction of the new showroom/office building. (Quasi- Judicial Heating) 09-18-2007 -5- D. FINAL SUBDIVISION PLAT/HIBISCUS LAKE ESTATES: Approve the subdivision plat for the Hibiscus Lake Estates and associated waivers to Land Development Regulations (LDR) Section 6.1.3(B)(2) "Sidewalk", and Section 6.1.2(C) "Pavement Width", fora 4-lot single family subdivision located south of Hibiscus Lane, east of Lake Ida. (Quasi Judicial Hearing) E. AGREEMENT/CITYWALK: Consider approval of an addendum to the In-Lieu Parking Fee Agreement between the City and Citywalk at Pineapple Grove to reduce the number of in-lieu spaces to four (4) spaces instead of six (6) spaces. Citywalk is located at 200 N.E. 2"~ Avenue (Pineapple Grove Way). F. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL, INC.: Consider approval of an agreement between the City and Palm Beach County to provide advance funding in the amount of $10,000, for Roots Cultural Festival, Inc. which will be reimbursed to the City through Palm Beach County grants. G. AGREEMENTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval of the agreements between the City of Delray Beach and the Community Child Care Center (CCCC) and the Children's Case Management Organization (CCMO) as the non-profit providers of services at the Village Academy Beacon Center for FY 2007/2008, pursuant to the City's contract with the Children's Services Council of Palm Beach County (CSC). H. PARKING LICENSE AGREEMENT/BOCA PARKING SYSTEMS: Consider approval of a parking license agreement with Boca Parking Systems for the utilization of 40 parking spaces in the Federspiel Garage seven (7) days per week between the hours of 6:00 p.rn. and 2:00 a.m. at a rate of $40.00 per space, per month. I. CITY ATTORNEY EVALUATION. J. CITY MANAGER EVALUATION. 10. PUBLIC HEARINGS: A. RESOLUTION NO. 53-07 {~IILLAGE LEVY) A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2008. B. RESOLUTION NO. 5407 (MILEAGE LEVY/DDAI: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. C. RESOLUTION NO.55-07 (BUDGET ADOPTION FOR FY 2008): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2007 through September 30, 2008. 09-1&2007 -6- 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2008 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. D. ORDINANCE N0.39-07: An ordinance amending Chapter 52, "Water" of the Ciry Code of Ordinances by amending Section 52.34, " ~7Vater Rates", to provide for changes in residential, nonresidential, and irrigation rates for FY 2008. E. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. F. ORDINANCE NO. 41-07: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.6% for FY 2008. G. ORDINANCE NO. 34-07 (SECOND READING/SECOND PUBLIC HEARING(: Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", and Section 4.6.9, "Off-Street Parking Regulations", to permit the use of parking lifts. H. ORDINANCE NO. 35-07 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (I,DR) Section 4.4.13{G)(1), "Central Business District (CBD)", to modify parking requirements for hotels and motels in the original Downtown Development Area in the Central Business District. I. ORDINANCE NO.42-07: An ordinance amending Chapter 50, "Utilities Generally: Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. J. QRDINANCE NO. 36-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R- 1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. 09-18-2007 -7- K. ORDINANCE NO. 37-07: City initiated amendment to the Land Development Regulations (I.DR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". L. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for irrigation. M. ORDINANCE NO. 44-07: City initiated amendment to the Land Development Regulations (LDR), Section 2.4.3(I~(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. N. RESOLUTION NO. 56-07/INTEROLCAL AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/133 N.W. 5~' AVENUE: Consider approval of Resolution No. 56-07 authorizing the City to purchase property, located at 133 N.W. 5`~ Avenue, to provide land to be used in conjunction with the Community Land Trust affordable residential housing; and approve Interlocal Agreement for Sale and Purchase of Real Property between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00 for the transfer of the property located at 133 N.W. 5`s Avenue to the City. O. PURCHASE OF REAL PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/LAFRANCE HOTEL/140 N.W. 4'~ AVENUE: Consider approval of Resolution No. 56-07 authorizing the City to purchase property, located at 140 N.W. 4~' Avenue, to provide land to be used in conjunction with the Community Land Trust affordable residential housing; and approve Interlocal Agreement for Sale and Purchase of Real Property between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00 for the transfer of the LaFrance Hotel property located at 140 N.W. 4~' Avenue to the City. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE. 09-18-21107 -8- 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. Ciry Manager B. Ciry Attorney C. City Commission POSTED: SEPTEMBER 14, 2007 09-1&2007 -9- SEPTEMBER 4, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:01 p.m., Tuesday, September 4, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman of Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there is a revised Board Order for Item 9.C., Aupeal of Site Plan Review and Apuearance Board Decision/Kentucky Fried Chicken. Mr. Eliopoulos requested that Item 8.B., Acceptance of Right-of-Way Deed/238 S.E. 7~h Avenue of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of August 21, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 09/04/07 Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop Meeting of August 28, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Sickle Cell Awareness Month -September 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the month of September 2007 as Sickle Cell Awareness Month. Paul Sagett came forward to accept the proclamation and he gave a few brief comments. 7. PRESENTATIONS: 7.A. Employee Suggestion Award to Fire-Rescue Lieutenant David Brassard -Fire-Rescue Department Richard Hasko, Director of Environmental Services, stated Fire Inspector Lieutenant David Brassard had the opportunity to look at the garage plans for the Old School Square Garage and there is an extension fire protection system in that facility. Mr. Hasko stated Mr. Brassard noticed that it appeared to be somewhat over designed. Therefore, Mr. Brassard reviewed the City Code requirements, etc. and suggested that the City make some adjustments, reduce the number of heads, and save the City a lot of money. Mr. Hasko stated staff went back to the Construction Manager (CM} who went back to the mechanical sub-contractor and the end result is that the City saved a little over $54,687.00 with that suggestion. David James, Fire-Rescue Chief, presented Lieutenant Brassard with a check in the amount of a little over $7,000.00. Chief James stated Lieutenant Brassard has brought great pride to the department and is an example of what every employee should be. Lieutenant Brassard came forward to accept the check and thanked Mr. Hasko and the City Commission. 7.B. Gateway Feature Update - Community Redevelopment Agency CRA Jeff Costello, Community Redevelopment Agency (CRA), stated as everyone is aware with the Downtown Master Plan there was envisioned a gateway feature to the downtown which connected from I-95 to A-1-A. He stated the gateway feature is to signify the unification of downtown Delray Beach from I-95 to the beach. Mr. Costello stated initially there were some plans to place a structure in the right-of- way; however, FDOT was not supportive of this. Therefore, Mr. Costello stated other alternatives were looked into and a focus group was created that came up with a creative -2- 09/04/07 plan which included various monuments as you enter Delray Beach and signifies the ethnic diversity of the community and heritage. Mr. Costello stated staff is ready to present the final design of the artistic columns and with the support of the Commission they will move forward to construction drawings. Joe Gillie, Executive Director of Old School Square, stated there were actually two groups; a focus group from the City and then the focus group got smaller and was then put together by the CRA. The members of the committee are: Diane Colonna, Lula Butler, Franciso Perez-Azua, Marjorie Ferrer, Sam Mathis, Bill Branning, Nancy Davila and Joe Gillie. Mr. Gillie stated they also have an artist by the name of Michelle Newman who at the time had an exhibit at Old School Square and she is a textile and fabric person. He stated Ms. Newman is a nationally recognized artist who had her own television show on the artistic use of fabric and design. The Committee reviewed Ms. Newman's artwork and came to the conclusion that she would be great to work with. Ms. Newman went around the community and took a lot of the architectural features and worked not only amongst themselves but with the architectural firm that was hired to actually make this happen to come up with the six panels. Mr. Gillie stated there will be three monuments on either side of the street and they sit on rises so that they actually sit 30 feet in the sky and are almost 10 feet at the widest point and 3 feet thick. Mr. Gillie stated at the beginning of the gateway feature there will be two trellises and both will have the fencing that is very similar to the beach fencing and to represent the colors of the community there will be a variety of colors of bougainvillea. He stated there will be plaza at N.W. 12th Avenue and the material is like a plastic resin that is very thick and the sidewalk will be made out of the resin and will be lit from underneath. He stated it will look like water running underneath the sidewalk. Mr. Gillie stated people like Spencer Pompey and various people who are very important to the community will be written into the sidewalk as well to represent the heritage of the community. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/SEAGATE HOTEL ON ATLANTIC AVENUE: Approve the final boundary plat for the Seagate Hotel on Atlantic Avenue Plat, located on the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. CONTRACT CLOSEOUT (C.O. NO. 1/FINALI/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (C. O. No. 1/Final) in the amount of a $10,105.00 decrease and final payment in the amount of $13,295.70 to West Construction, Inc. for the completion of the Rosemont Park Project. Funding is available from 334-4131-572-65.89 (General Construction Fund/Neighborhood - S.W. 6th Street - Rosemont) and 441-5161-536-65.89 (Water/Sewer Fund/Other -3- 09/04/07 Improvements/Neighborhood Park/S.W. 6th Street -Rosemont). 8.D. CONTRACT ADDITION (C.O. NO. 5)/CHAZ EQUIPMENT COMPANY, INC.:BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS PROJECT: Approve a Contract Addition (C.O. No. 5) in the amount of $9,875.00 to Chaz Equipment Company, Inc. for the addition of swales along the west side of S.W. 1St Avenue between S.W. 3rd Street and S.W. 4th Street for the Block 64 Drainage and Water Main Improvements Project. Funding is available from 448-5461-538-65.33 (Storm Water Utility Fund/Other ImprovementsBlock 64 Improvements). 8.E. RESOLUTION NO. 49-07: Approve Resolution No. 49-07 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The caption of Resolution No. 49-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.) (The official copy of Resolution No. 49-07 is on file at the City Clerk's 8.F. TROMBONE MAST ARM AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the City and Palm Beach County for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W. 12th Avenue. Palm Beach County will reimburse the City in the amount of $250,000.00 for the installation of the trombone mast arms. 8.G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve an Interlocal agreement between the City and Community Redevelopment Agency for work performed by the City Attorney's Office. -4- 09/04/07 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request for the Art & Jazz on the Avenue scheduled for October 18, 2007 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. lsc Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue, and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and the sponsor will pay the City 20% for all costs over $1,000 plus the full cost of barricade rental and trash boxes; contingent upon the conditions listed in the staff report, the sponsor providing a hold harmless agreement and certificate of liability insurance one (1) week prior to the event. 8_I. SPECIAL EVENT REOUEST/HOWARD ALAN 13th ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 13t Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 22, 2007 - September 23, 2007, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3rd Street, to utilize City Hall parking lot for vendor parking, authorize staff support for police traffic control and security, barricading and Fire Inspector with the sponsor paying all overtime costs; contingent upon receipt of an executed Hold Harmless Agreement. 8_J. ACCEPTANCE OF RIGHT-OF-WAY DEED/346 AND 352 N.W. ']TH AVENUE: Approve and accept aright-of--way deed between the City and Delray Beach Community Land Trust, Inc. for 25 feet in association with the construction of two (2) single family homes addressed as 346 and 352 N.W. 7th Avenue, for eligible homebuyers approved by the Delray Beach Community Land Trust, Inc. 8.K. SECOND AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a Second Amendment to the Interlocal Agreement with Palm Beach County that provides additional support to the Delray Beach Weed and Seed "seeding" efforts; Palm Beach County will provide additional funding in the amount of $100,000.00. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2007 through August 31, 2007. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Duval Ford in the amount of $23,413.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor for the Police Department. Funding is available from 501-3312- -5- 09/04/07 591-64.20 (Central Garage Fund/Automotive). 2. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $39,791.60 as a sole provider for the custom installation package to be installed on five (5) City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 3. Contract award to Brang Construction, Inc. in the amount of $559,303.00 for the construction of Bexley Trail Community Park Improvements Project. Funding is available from 380-4150-572- 63.24 (2004 G.O. Bond/Bexley Park) and 441-5161-536-63.24 (Water/Sewer FundlBexley Park). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/238 S.E. 7Tx AVENUE: Approve and accept aright-of--way deed between the City and Dan Dietrich for five (5) feet, for S.E. 7th Avenue in association with the development of 238 S.E. 7th Avenue, located on the west side of S.E. 7th Avenue between S.E. 2nd Street and S.E. 3rd Street, within the Marina Historic District. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Mrs. Montague moved to approve the right-of--way deed between the City of Delray Beach and Dan Dietrich for five (5) feet for 238 S.E. 7th Avenue, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.A. CONDITIONAL USE REQUEST/VILLAGE SQUARE: Consider a conditional use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in the Southwest Area Neighborhood Overlay District in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square (fka Carver Estates), a 332 unit residential development, located on the east side of Auburn Avenue and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th Street. (Quasi- Judicial Hearin -6- 09/04/07 Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he spoke with the applicant and received a booklet on the project. Mrs. Montague stated she met with the applicant numerous times. Mayor Ellis stated she received the booklet on the project and have spoken to the applicant several times over a long period of time. Mr. Eliopoulos stated he too has spoken with the applicant and also received the booklet. Mr. Fetzer stated he has spoken with the applicant and also to Attorney Michael Weiner. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-250 into the record. Mr. Dorling stated this is a conditional use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square, a 332-unit residential development located on the east side of Auburn Avenue and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th Street. He stated this is a 332-unit multifamily development with 56 of those being workforce units. Multiple family residential developments may exceed twelve (12) units per acre up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District subject to the provisions of LDR Section 4.4.6(1) and Section 4.7 (Workforce Housing). At its meeting of August 20, 2007, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. After brief discussion, the Board recommended approval with a 7 to 0 vote. Staff recommends approval. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, stated based upon the staff report they have met the burdens of substantial competent evidence and there is a recommendation of approval. With respect to the conditions of approval, Mr. Weiner stated they agree with 17 of the 18 conditions (with the exception of condition #3 regarding the left turn lane for Auburn Avenue). He stated the staff report contains approximately 70 pages of staff report with respect to the conditional use and 30 pages with respect to the waivers and internal adjustments. There is also more than 11 different standards that have to be met and with respect to those, there are numerous sub-standards. Some of those include Chapter 3 (Consistency with the Future Land Use Map) also concurrency and consistency with the Comprehensive Plan. Mr. Weiner stated there are four policies and objectives that are met. He stated they meet all the Land Development Regulations and exceed a number of them. Mr. Weiner stated their buildings are shorter than what is required (168 feet versus 200 feet) and with regard to open space they could be down to 25% and they are at 33%. They meet the development matrix and they have numerous recreation amenities. -7- 09/04/07 Rich Jones, Principal with JMWA Architects in Boca Raton, gave a brief PowerPoint presentation of Village Square. Mr. Weiner stated with respect to the Auburn Avenue bus stop they do not have any difficulty with the wording of the condition but they want to in full disclosure inform the Commission that it is not exactly on this property but would be immediately to the north of the property. He stated that property is controlled by the same people and would be put in at the same time. Mr. Weiner referenced condition #3 regarding the left hand turn lane. Mr. Weiner entered into the record a letter from Simmons & White, Inc. (Traffic Engineers). Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the conditional use request for Village Square, to please come forward at this time. Jeff Costello, Community Redevelopment Agency (CRA), stated the City of Delray Beach and the CRA have been working for a long time with the applicant. The proposal is consistent with the Comprehensive Plan and the Southwest Neighborhood Plan and the development will continue that revitalization and stabilization in the neighborhood. There being no one else from the public who wished to address the Commission regarding the conditional use request for Village Square, the public hearing was closed. There was no cross-examination. The following individuals gave rebuttals: Paul Dorling, Director of Planning and Zoning, stated with regard to the left turn lane and stated this is not a suicide lane. He stated a suicide lane is where you share left turn movements in both directions. Mr. Dorling stated this is clearly a single use left turn lane southbound for this development and to call this a suicide lane is a little dramatic. Mr. Dorling stated with Mr. Weiner's reference to making yards smaller staff is talking about doing these improvements in the right-of--way so it is not about the yards on the development because they should not be developing inside this right-of--way area that is being discussed. Mr. Dorling stated this really does not help you carry more cars but instead it makes sure that the traffic flows smoothly. He stated if you do not have a turn lane and there is excess of left turn movement what happens is people stop in the southbound lane and force everyone else to come to a complete stop while that person is making a left. Mr. Dorling stated there is daily volume for adjacent roadway, 1,000 trips per day per driveway and this one is 1,500 (50% over that volume), the allowable left turn lanes are 30% over the left turn volumes and the last criteria is the 10,000 trips. He stated this road carries about 3,000 trips and this one will generate 2,300. Mr. Dorling stated the applicant indicated that two more developments will be coming in and he feels it is prudent at this time to request the travel lane because if the development is designed -8- 09/04/07 and built without it the City cannot come back without significant disruption of the improvements that they will be paying for. He stated this is why the Planning and Zoning Board agreed with staff that this should be a condition of approval and emphasized that it is good planning to put the turn lane in at this time. Mr. Weiner stated Simmons & White, Inc. (Traffic Engineers) has come to the conclusion that stop signs are safer than left hand turn lanes. He stated the reason they had the sketch done is because they took at look at the right-of--way and no matter how they place it they will be affecting the design the Commission is currently looking at and the yards and the sidewalk area. He stated some of that is public improvement that would have to move back if they attempt to put in the lanes. Mr. Weiner stated the best thing they could do would be to have one 12 foot lane to 11 foot lanes and then they are decreasing lane sizes and compromising safety. Mr. Weiner stated with respect to people stopping if this is not a good plan for what they are doing there are four other problems on that street. He stated everyone has to come to a stop on their way in and on their way out and most of the traffic is generated coming in off Atlantic Avenue or S.W. 10th Street and not generated internally by the residential neighborhoods that are flowing into that. Mr. Weiner stated by the time people reach the fifth stop sign which is the three-way stop sign they propose everyone is used to doing that. He stated according to the letter that is what puts the space in traffic that allows for a decrease in conflicting movements. Mr. Weiner stated the traffic engineers believe that this only increases conflicting movements which means that someone is turning in front of another person while that other traffic is moving across that intersection. He stated it is a safety issue as well as an issue that would be difficult to construct. Mr. Weiner stated it would be the only place that they are talking about this on Auburn Avenue and it would not necessarily do anything other than attempt to increase traffic in a very small segment of that particular residential 25 mph street. Mr. Eliopoulos asked that staff show the Commission where this area is. Mrs. Montague asked if the proposal is that the three-way stop signs be placed in-lieu of the le$ turn lane. In response, Mr. Weiner stated that this is correct. Mrs. Montague asked staff if there are other stop signs located along Auburn Avenue and S.W. 12th Avenue. Mr. Dorling stated he is not aware of any new ones and noted that the three-way stop being introduced this evening is new information. Mr. Dorling stated the City of Delray Beach has discouraged using stop signs for traffic enforcement for many streets throughout the community. Mr. Eliopoulos asked if staff is suggesting a street light. In response, Mr. Dorling stated staff is not suggesting a street light in this location. Mrs. Montague asked what areas have signals and/or stop signs. The City Manager stated the traffic signal is at S.W. 10th Street; however, 10th Street stops at the cemetery and does not continue north. He stated there is no signal where Auburn Avenue comes out to 10th Street and believes there are four way stops at 2"d and 4th Streets as you go down 12th Avenue. -9- 09/04/07 Mrs. Montague asked what the other developments will bring in if this is going to come in at 1,500 trips per day. Mr. Dorling stated staff will not know until those specific site plans are brought in and that's not germane to this decision but the overall traffic generation is because then it would affect the overall capacity of the road. Mrs. Montague asked if this project is going to bring in 1,500 trips per day. Mr. Dorling stated this is actually 2,554 and there are two entrances and they are splitting the traffic volume and the highest volume of 1,500 is at this entrance and thus the reason staff has asked for the turn lane. Mr. Dorling stated those three criteria are used by the County at which point when you reach those you do not have a choice because you need to provide it and that is not to assume that if you are less than that then, you do not have to provide it. Mr. Dorling stated this is why staff has taken this approach. Mr. Eliopoulos asked with this proposal if there are going to be stop signs no matter what. Mr. Dorling stated if you have an exclusive left turn lane that allows someone to sit there and not impede traffic going north or south until it is appropriate for them to turn and you would not necessarily need stop signs at this intersection. The City Manager stated there are stop signs coming out of the development but nothing on Auburn Avenue. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). It was the consensus of the Commission to approve the Board Order with all 19 conditions and that condition #5 be modified to state "That a bus shelter easement(s) shall be provided at a location to be determined by the SPRAB Board and that a bus shelter is installed simultaneously with Village Square Development. The City will provide detail on the bus shelter." Mrs. Montague moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUESTS AND INTERNAL ADJUSTMENT REQUEST/VILLAGE SQUARE: Consider an internal adjustment to the Land Development Regulations (LDR) Section 4.4.6(F)(3)(c) for side street, and front setbacks and two (2) waiver requests to the Land Development Regulations (LDR) Section 6.1.2(C)(3)(a) "Paving Widths" to reduce the required minimum paving width for an interior road from 24' to 22' and Section 4.6.9(D)(2) "Provisions for Ingress and Egress" to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. The waiver requests are in conjunction with the Village Square, a proposed 332 unit residential development located on the east side of Auburn Avenue and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th Street. (Quasi-Judicial Hearin -10- 09/04/07 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission disclosed the same ex parte communications as Item 9.A. Paul Dorling, Director of Planning and Zoning, stated he previously entered the Planning and Zoning project file #2007-250 into the record. Mr. Dorling stated the Commission is considering an internal adjustment for one building within Village Square development from the side street and front setbacks from the internal street system and two (2) waivers, one to minimum pavement width (22' vs. 24') and the other to a requirement that parking spaces do not back out into a street carrying more than 200 ADT (Average Daily Trips). He stated the Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front setback (east side of the building) from 15' to 9'. The required findings are made in the Planning and Zoning staff report. He stated staff feels the concerns over the massing have been addressed and there is also a significant variation in the front setback to create some relief and therefore staff recommends approval of the internal adjustment. Mr. Dorling stated the waiver requests includes consideration of two waiver requests, one to reduce the required minimum paving width for an interior road from 24' to 22' and the other to waiver the requirement that vehicles enter and exit parking areas onto the street in a forward manner. Mr. Dorling stated staff recommends approval from 24' to 22' subject to a requirement in the homeowner's association that people not be allowed to park in the street. The last waiver is from the requirement that you cannot have back out parking into a street system carrying more than 200 average daily trips (ADT). He referred to some of the units that empty out onto the roadway which is actually a roadway through a parking lot. It is not encouraged that if you have a volume that you back out into it. The volume is 330 and an accommodation of that would require a total redesign of the project. Staff recommends approval of the waiver subject to the positive findings made in the Planning and Zoning staff report. At its meeting of August 20, 2007, the Planning and Zoning Board reviewed the internal adjustment and waiver requests. The Board recommended approval with a 7 to 0 vote. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach (representing the Applicant), stated they concur and stated the condition in the homeowner's association documents is satisfactory. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request and internal adjustment request for Village Square, -11- 09/04/07 to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 50-07 (TENTATIVE MILEAGE LEVI~: A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2008. The caption of Resolution No. 50-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 50-07 is on file in the City Clerk's A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney announced Resolution No. 50-07 tentatively levies a tax on all properties in the City of Delray Beach for fiscal year 2008. The proposed millage rate for 2008 is 6.5783 mills. This resolution will set the tentative millage which can still be reduced at the second Budget Hearing on September 18, 2007 when the final millage will be adopted. The rate at 6.5783 mills is less than fiscal year 2007; the operating millage is 6.14 while the debt service millage remains at 0.43. The rolled back -12- 09/04/07 rate calculated under the TRIM law for operating purposes is 6.7527 mills. The tentative millage rate at 6.5783 mills would be 9.156% less than the rolled back rate. Mayor Ellis declared the public hearing open. Helene Miller, 2654 N.W. 7th Court Unit #D, Delray Beach (Rainberry Ba stated the market value of her home went down this year; however, her assessed value and her taxable value increased. Ms. Miller stated she cannot imagine the market value going down and the assessed value going up. Commissioner McDuffie stated during the day he is the Information Technologies Director for the Palm Beach County Property Appraiser. He stated what Ms. Miller has found in her TRIM notice is what is mandated in Amendment Ten to the Florida Constitution. Amendment Ten of the Florida Constitution applies a cap on your assessed value of 3% or the Consumer Price Index (CPI) each year whichever is less. The cap goes on the assessed value not on the market value. Mr. McDuffie stated the market rate can fluctuate up and down unless it fluctuates below the assessed value. He stated if the market rate remains above the assessed value, then by the provisions in Amendment Ten to the Florida Constitution your assessed value will increase by 3% or the CPI whichever is less. He noted the CPI was 2.5% and therefore Ms. Miller's assessed value went up 2.5%. Mr. McDuffie stated the reason this went up is because it is specifically designated as such in the Constitution and the City has no choice but to raise it by 3% or the CPI whichever is less on the assessed value (automatic every year) per Amendment Ten. There being no one else from the public who wished to address the Commission regarding Resolution No. 50-07, the public hearing was closed. Mr. McDuffie moved to approve Resolution No. 50-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 51-07 (TENTATIVE MILEAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. The caption of Resolution No. 51-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. -13- 09/04/07 (The official copy of Resolution No. 51-07 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney announced Resolution No. 51-07 tentatively levies a tax in the amount of 0.8855 mills on all properties within the Downtown Development Authority Taxing District for fiscal year 2008. This tentative millage is less than the 0.9731 rolled back rate by 9.89%. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Resolution No. 51-07, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 51-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 52-07 (TENTATIVE BUDGET ADOPTION FOR FY 20081: A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2007 through September 30, 2008. The caption of Resolution No. 52-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1St DAY OF OCTOBER, 2007, TO THE 30tH DAY OF SEPTEMBER, 2008; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 52-07 is on file in the City Clerk's -14- 09/04/07 A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated Resolution No. 52-07 makes tentative appropriations of sums of money for all necessary expenditures of the City of Dekay Beach for the period from the 1St day of October, 2007 to the 30th day of September, 2008. Mayor Ellis declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Resolution No. 52-07, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 52-07, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Eliopoulos returned to the dais. 10.D. ORDINANCE NO. 34-07 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", to permit the use of parking lifts. If passed, a second public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 34-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. -15- 09/04/07 (The official copy of Ordinance No. 34-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the Scott Aronson, Parking Management Specialist, stated the item before the Commission is to allow parking lifts for in-fill development in the Central Business District (CBD). Along standing challenge to facilitating in-fill development in the CBD has been the provision of sufficient parking. The lifts are used for the non-residential component of the mixed use development or for the commercial component for up to 50% of their required parking for that commercial component. The lifts must be incorporated into buildings and shielded. Buildings must have three sides and the roof to screen them appropriately and to contain some of the noise. He stated there must be a parking attendant to use the lifts at all times if that commercial component is operating on the spaces below the lifts and spaces on the lifts themselves must be operated by a parking attendant. He stated any developer doing this must enter into a contract or an agreement with the City that would be recorded with the County to show that the attendant must be on-site at all times that those lifts are being utilized to meet that parking. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment to meet these criteria in accordance with Policy C.4-1 of the Future Land Use Element in that it encourages the revitalization of the CBD by addressing, among other things, incentives for mixed-use development, rehabilitation of the district and accommodating parking needs through innovative actions. The Community Redevelopment Agency (CRA), West Atlantic Redevelopment Coalition, Pineapple Grove Main Street Board and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board and Downtown Development Authority, at their respective meetings, both recommended approval in a 6- 1vote (David Cook dissenting). Mr. Aronson stated staff recommends approval of the text amendment. Mrs. Montague asked if this works like New York. Mr. Aronson stated this is a single level lift so one car drives onto a platform and it lifts up and then another car would park underneath it. He stated staff has asked for a solid platform as opposed to a service lift so that there is no access to the motor area (the car below) in case of any condensation from air conditioners, leaky oil, fluids, etc. should not leak down to the car -16- 09/04/07 below it. Mrs. Montague asked if the owner of the property maintains the lifts. Mr. Aronson stated the ordinance will require regular maintenance schedules and at all times this is to prevent any noise from ungreased tracks and they must comply with Chapter 99 of the City's Code with respect to noise. Mrs. Montague asked if this becomes a Code Enforcement issue if they do not comply and how this gets monitored. Mr. McDuffie stated if the property were to sell then the buyer may have the option to use these or provide alternative parking. He asked if they are totally surface mount where they can be removed and taken off-site. Mr. Aronson stated they are surface mount and can be removed if they meet those requirements for the commercial parking. He stated as long as those spaces are required, they would need to have a parking attendant. He stated that the intent of the agreement is to make sure they know they need to have afull-time parking attendant. Mayor Ellis asked if this is a solution to in-fill development and the required parking that would be associated with this. Mr. Aronson stated given the size of the in-fill lots in the City historically are usually 50 feet by 100 feet. He stated they are rather small and a double loaded parking bay requires a 60 foot width to include the landscaping and parking spaces. Mr. Aronson stated it is very difficult to purchase the property based on the real estate costs in the downtown and to build anything where a developer would get a return on an investment. He believes it is a solution for certain development at some point in the future. A solution to be further taken outside of the Central Business District (CBD); however, at this stage staff recommends to look at the in-fill because this is a crucial component in completing the streetscape throughout the CBD. Mrs. Montague inquired about the spaces themselves and asked if these are limited to only the persons that are accessing the building. Mr. Aronson stated the lifts must be provided in the buildings for the uses they serve and should be for the patrons of that use. Mr. Aronson stated this is the developer's parking and does not think he would want outsiders parking in there and not having the appropriate spaces for those who wanted to use the property. From an owner's standpoint, he himself would want to limit that to make sure that his visitors and guests to his tenants would be available. Mr. Aronson stated he would imagine this as the employee parking because as a former attendant you do not want to be pulling the cars out and using the lifts up and down all day long. Therefore, Mr. Aronson stated whoever comes in the morning would be an employee who would be there most of the day that car would go on a lift and maybe the spaces underneath would be used for others. He stated staff has incorporated into the ordinance two staging spaces so that while they are maneuvering cars while they have to move a car to get a car off a lift they have to accommodate that car on their property so the car does not end up in the alley or right-of--way. Mr. Aronson stated the lifts are on hydraulics so that is there is a power failure just release the locking mechanism and they will slowly come down. He stated this is innovative and a mechanism to provide parking and now two cars will be put in one space. He stated they have incorporated into the building front a reverse parapet that would come down so there would only be the view of the bottom level. Mr. Aronson stated he cannot assure that the parking will be 100% -17- 09/04/07 screened. At some point, if someone is near the facility they will see it but for general purposes while driving or walking by you probably would not see the lifts. Mayor Ellis stated the City has been dealing with the employees of businesses taking up the prime parking spaces for years. Mr. Aronson's point about satisfying the employees of businesses parking dilemma is a very strong argument. Mayor Ellis declared the public hearing open. Mike Covelli, Covelli Designs, 5000 T-Rex Avenue #150, Boca Raton, asked the Commission to look around the town and they will notice a lot of buildings that have parking under the first floor. He stated these lifts are designed where it is only a single level where you put one car on the lift and it lifts up and another car goes under. He stated say an office building has 20 spaces 50% of those spaces have to remain surface parking so 10 of those 20 required spaces are going to have to be surface parking. However, Mr. Covelli stated you can take the other 10 spaces and put 5 of those spaces in lifts and delete the other 5 spaces. He stated for every space that you put a lift in there is a requirement that you have to provide 75 square feet of additional green area over and above the amount of required green area. Mr. Covelli stated this is an alternative to parking and noted that this is not the New York style lifts but is rather a very simple self contained unit that fits in an existing parking space. He stated the lifts can be installed on existing asphalt, concrete, and other existing surfaces and removed at a later time if someone so chooses. There being no one else from the public who wished to address the Commission regarding Ordinance No. 34-07, the public hearing was closed. Mr. McDuffie moved to approve on First Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 35-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(G)(1), "Central Business District (CBD)", to clarify parking requirements for hotels and motels in the Central Core Area. If passed, a second public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 35-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING -18- 09/04/07 DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION G, "SUPPLEMENTAL DISTRICT REGULATIONS," SUBSECTION (G)(1), "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS WITHIN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 35-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-07, the public hearing was closed. Scott Aronson, Parking Management Specialist, stated this item has been initiated by the Community Redevelopment Agency (CRA) and in the recent RFP for the old library site and in going through the Code staff realized that the parking requirements in the original Downtown Development Authority (DDA) area which is described by Swinton Avenue on the west, the Intracoastal on the east, N.E. 1St Street on the North, S.E. 1St Street on the South. He stated all non-residential uses except restaurants are at one space per 300 feet of floor area and in a hotel that would include the hotel room. Current regulations for hotels outside of the original DDA area are 0.7 spaces per room plus outside the CBD are ten spaces per 1,000 square feet for ancillary uses such as meeting rooms, offices, restaurants, etc. The Downtown Master Plan which was adopted in 2005 calls for looking at using shared parking and not using excess of parking. Mr. Aronson stated the original petition was for this throughout the CBD (Central Business District) and staff is concerned with expanding this beyond this original DDA area. Mr. Aronson stated this was reviewed by the Parking Management Advisory Board, Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and Pineapple Grove Main Street (PGMS) Board and they all recommended approval. Mrs. Montague moved to approve Ordinance No. 35-07 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -19- 09/04/07 10.F. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A) of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. office.) The caption of Ordinance No. 33-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one else who wished to address the Commission regarding Ordinance No. 33-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 33-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 32-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2007. The caption of Ordinance No. 32-07 is as follows: -20- 09/04/07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE ON OR BEFORE SEPTEMBER 30, 2007; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 32-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 32-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 26-07: City initiated amendment to the Land Development Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures for handling and processing requests for accommodation from the Land Development Regulations. The caption of Ordinance No. 26-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO PROVIDE PROCEDURES FOR HANDLING AND -21 - 09/04/07 PROCESSING REQUESTS FOR ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 26-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 26-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 26-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.B. From the Public. 11.B.1. Bill McDonough, 345 S.E. 7th Avenue, Delray Beach, stated he has lived in Delray Beach for 60 years and noted that 37 years ago he and his wife bought a 1926 house in the 300 block of S.E. 7th Avenue and then purchased a house on the Intracoastal across the street (345 S.E. 7th Avenue). He stated approximately 12 years ago they tore down the old house and built a 2,600 square foot house and went through all the regulations. Since then, he stated two-story houses were built next to them on the north and three on the south. He stated these five mansions were built on property that was once homesteads for three nice size homes and yards. These original homes were then torn down and provided opportunists to come in and build monster homes to sell for big profits and they are no longer here in Delray Beach. Mr. McDonough stated they are now settled with restrictions that are very unreasonable and in their case they cannot build a standing house larger than what they have right now according to the requirements of the new code. He stated that this is very unfair and suggested that the entire 300 block be taken out of the historic district because there are no historic homes in this block. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and -22- 09/04/07 At this point, the time being 7:48 p.m., the Commission moved to Item 9.C. 9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/KENTUCKY FRIED CHICKEN: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding signage for Kentucky Fried Chicken, located at 360 Linton Boulevard. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is for City Commission consideration of an appeal to the decision made by the Site Plan Review and Appearance (SPRAB) on July 25, 2007, pursuant to the request by the agent to the owners of the Kentucky Fried Chicken located at 360 Linton Boulevard. Mrs. Butler stated KFC applied to SPRAB to amend the Master Sign Program that was created back in January 1993 to add flat wall signs to three different elevations on the building. She stated staff recommended that SPRAB continue to support the Master Plan Sign Program that was in place allowing for flat wall signs on the north elevation which faces Linton Boulevard. KFC agreed with that; however, they applied to have a larger sign than what was approved. Staff also recommended that the sign be consistent with the size of the window to maintain the architectural elevation. Staff recommended reducing the size from a little over 37 square feet to 26 square feet. Staff recommends the City Commission uphold the decision by SPRAB with regard to this sign. James Storm, original Architect on the restaurant, (representing Applicant Juan Gavilan and Juan Carlos Gavilan both the original owners), requesting a reconsideration in the reduction in the size of the sign. He stated he believes the decision was made based on aesthetics. The window was there and he had to reduce the width of the window from 5' 8" wide to 4' 6" wide to line up with the window. He stated had they had known that when the site plan was submitted, they would enlarge the window but they thought the site plan was approved as presented with the signage and noted the standard size sign was actually ordered. Mr. Storm stated aesthetically he understands the reasoning but feels it looks as nice the way it is. He stated by reducing the sign it did make it shrink quite a bit in size which is well below what they are allowed to have in terms of square footage. He urged the Commission to reconsider SPRAB's decision. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. - 23 - 09/04/07 Alice Finst, 707 Place Tavant, Delray Beach, stated she attended the SPRAB meeting when this was discussed and noted that the Board is doing a fine job. She urged the Commission to look at SPRAB's decision and there were definite concerns about if this would set a precedent for the rest of the street, the rest of the properties, how it impacts adjacent properties. Mrs. Finst urged the Commission to support SPRAB's decision. Juan Gavilan, Kentucky Fried Chicken (Applicant), stated SPRAB talked about setting a precedent about having signs on the lateral side of the building where the gas station is and the other restaurants are. He stated the restaurants are allowed to have a sign on the front of the building facing Linton Boulevard so by having signs on the side they would set a new precedent. However, Mr. Gavilan stated this is not what they are asking for. Mr. Gavilan reiterated that SPRAB stated that Mr. Gavilan would set a precedent if the signs were on the sides of the building and what they are saying is on the front of the building where the sign is reduced they just want to get it to the standard size. He commented that everyone else has a sign on that street. Mr. Gavilan stated they would not be setting any new precedent and they are not breaking any new rules according to the Master Sign Agreement. Mr. Storms stated Mr. Gavilan's concern was not so much the portion of the sign but was more the fact that they wanted multiple signs. There was no cross-examination. There was no rebuttal from staff. The City Attorney noted that the proposed order will be modified because if the request is to not change the number of signs but is only the size of the sign she will address this in the Board Order so it would be to allow a larger sign than permitted but not an extra sign. Mr. Eliopoulos stated he supports SPRAB's decision. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Montague moved to adopt the Board Order as presented (appeal denied) seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the amended Special Event Policies and Procedures with an effective date of October 1, 2007. -24- 09/04/07 Robert A. Barcinski, Assistant City Manager, stated this is the final draft amended Special Event Policies and Procedures. He stated a couple of changes were made that Commission requested at the Workshop and is now before the Commission for their consideration. Mrs. Montague stated because this is such a dramatic change to the Special Events Policy and Procedures, she asked if it should be written into the policy that the Commission review this in one year. Mr. Barcinski stated this does not have to be written in the policy but if this is the wish of the Commission it is something that should be reviewed every few years. Mrs. Montague suggested that the Special Events Policy and Procedures be reviewed in one year and then at that time the Commission can make recommendations to have it updated every two years. Mr. Eliopoulos commented about only one major event will be allowed per month and asked if this is something new. In response, Mr. Barcinski stated this has been in the Special Events Policy and Procedures since the beginning. Mr. Fetzer moved to approve the Special Event Policies and Procedures, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REOUEST/RUN FOR MIRACLES/MILAGRO CENTER: Consider approval and endorsement of the 2" Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to approximately 10:30 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and authorize staff support for traffic control, barricade set-up/removal, trash removal and clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian Drive to A-1-A from 8:00 a.m. until approximately 11:00 a.m.; contingent upon receipt of a certificate of liability insurance and an executed Hold Harmless Agreement. Robert A. Barcinski, Assistant City Manager, stated this is the 2"a Annual run for Miracles. The Milagro Center is the sponsor and the event is scheduled for January 6, 2008 from 7:30 a.m. to approximately 10:30 a.m. The Commission has asked to grant the temporary use permit for the closure of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. for setup and use, authorize staff support for traffic control, bamcading and clean up, use of half of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 11:00 a.m. The estimated overtime cost for this event is $2,985.00, stage rental $265.00, and barricade rental $150.00. Based on staff recommended event policy changes, this amount would be approximately $1,610.00 to the event sponsor. Staff recommends approval as well as the condition on the receipt of a Certificate of Liability -25- 09/04/07 Insurance and an executed Hold Harmless Agreement. Mrs. Montague moved to approve the 2°d Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to 10:30 a.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. CALL TO ARTISTS/DEL IDA NEIGHBORHOOD PARK: Consider approval of a request to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The proposed art will be ecologically and environmentally friendly. Funding is available from the Public Arts Program fund. Richard Hasko, Director of Environmental Services, stated this item is for Commission approval to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The park is approximately 13,000 square feet. Ecologic or Environmental Artist and/or Artist Lead Teams will be asked to celebrate the unique South Florida ecosystems utilizing the landscape archetype of labyrinth as a creative starting point. The total cost will be $45,000.00 and the funding is available in the Public Arts Program Fund. Mrs. Montague moved to approve a request to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.G. RESOLUTION NO. 48-07: Consider approval of Resolution No. 48-07 authorizing the issuance of Water and Sewer Bonds (Series 2007) in the aggregate amount of $9,000,000.00 and authorizing the sale of such bonds to Branch Banking and Trust at a rate of 4.410% for a term of 15 years with no penalty for early pre-payment. The caption of Resolution No. 48-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING AN ELEVENTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2007 (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,000,000 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS -26- 09/04/07 TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39- 88, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 48-07 is on file in the City Clerk's Joseph Safford, Finance Director, stated Resolution No. 48-07 authorizes the issuance of $9,000,000 worth of Water and Sewer Bonds. In December 2006, the South Central Regional Wastewater Treatment Board (SCRWTB) approved a project to expand their plan for reclaimed water use and to do some Deepwell Injection Projects totaling approximately $18,000,000. He stated the City's share is $9,000,000 and that Board Commission came before the City Commission and they have been approved by the City Commission and this is the financing for the project. Mr. Safford noted a correction to the Agenda and stated the interest rate should be 4.410% not 4.418%. Staff recommends the authorization of the sale of Delray Beach Water and Sewer Revenue Bonds Series 2007 in the principal amount of $9,000,000 to Branch Banking and Trust at a rate of 4.41% for a term of 15 years with no penalty for early pre-payment. Mr. McDuffie moved to approve Resolution No. 48-07, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.H. SETTLEMENT OFFER/NUANCE SEME V. THE CITY: Consider a Settlement Offer in the amount of $72,000.00 in Nuance Seme v. the City. Staff recommendation is acceptance subject to the receipt of the appropriate releases. The City Attorney stated this is a settlement offer in Nuance Seme v. the City of Delray Beach which involves an automobile accident where one of the City employees driving a front end loader impacted the rear of Mrs. Seme's car. The settlement is in the amount of $72,000.00 and there is alleged damage to her back and -27- 09/04/07 there is no proof otherwise. Therefore, staff recommends acceptance of the settlement offer in the amount of $72,000.00. Mr. Eliopoulos moved to approve the Settlement Offer in the amount of $72,000.00 in Nuance Seme v. the City of Delray Beach, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Jan Kucera-Winney as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Johnny Kincaide as a regular member to the Site Plan Review and Appearance Board to serve an unexpired term ending August 31, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:12 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 39-07: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for changes in residential, nonresidential, and irrigation rates for FY 2008. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 39-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE -28- 09/04/07 OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 39-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 39-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 40-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 40-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -29- 09/04/07 12.C. ORDINANCE NO. 41-07: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.6% for FY 2008. If passed, a public hearing will be scheduled for September 18, 2007. office.) The caption of Ordinance No. 41-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mrs. Montague moved to approve Ordinance No. 41-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 42-07: An ordinance amending Chapter 50, "Utilities Generally: Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 42-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -30- 09/04/07 (The official copy of Ordinance No. 42-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated in previous discussions of this staff talked about a half percent increase but it is actually .3 percent for electricity and 1.3 percent for natural gas and the fuel oil is proportionate to that. Mr. Eliopoulos moved to approve Ordinance No. 42-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 36-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 36-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3, "SINGLE -31- 09/04/07 FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 36-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated staff is constantly reviewing case law as it applies to certain regulations that we have. She stated the last one the Commission just voted on was a result of a Tampa case that required specific mention of overlay districts. The City Attorney stated this one is in response to other cases that staff has come upon recently so staff is trying to keep it as up-to-date as possible. Paul Dorling, Director of Planning and Zoning, stated the case the City Attorney is referring to found that if you had a too vague or overbroad definition it could result in overturning the current adult entertainment ordinance. Therefore, Mr. Dorling stated this is a preventative action to very specifically identify those specific definitions. At its meeting of August 20, 2007, no one from the public spoke on this issue. The Board recommended approval with a 7 to 0 vote. Mrs. Montague moved to approve Ordinance No. 36-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 37-07: City initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 37-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -32- 09/04/07 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The caption of Ordinance No. 37-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. McDuffie moved to approve Ordinance No. 37-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for irrigation. The caption of Ordinance No. 43-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.13, "APPROVED USES OF RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-07 is on file in the City Clerk's -33- 09/04/07 The City Attorney read the caption of the ordinance. Work Session. The City Manager stated this is the ordinance that staff will discuss in the Mr. Eliopoulos asked what in essence their cost is and whether or not they will be purchasing a meter or if the City will actually give them a meter and then they have to bring their service to the meter. Richard Hasko, Director of Environmental Services, stated the way the ordinance is currently written, connection will be required with this proposal within 90 days of being made available. He stated this ordinance is different from the City's water ordinance in that there are no connection fees or deposits. Mr. Hasko stated essentially other than the potential for having to pay a plumber to connect their irrigation system to the reclaimed service there is virtually no cost. Mr. Fetzer moved to approve Ordinance No. 43-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 12.H. ORDINANCE NO. 44-07: Consideration of an amendment to the Land Development Regulations (LDR), Section 2.4.3(x)(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. If passed, a public hearing will be scheduled for September 18, 2007. The caption of Ordinance No. 44-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION 2.4.3(x)(1), "DEVELOPMENT APPLICATIONS", TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is part of the increase that the Commission considered at the meeting of August 21, 2007. At that -34- 09/04/07 time, the Commission had brief discussion about reducing the fee from $500.00 to $250.00. He stated with the Historic Preservation Board (HPB) variances are used as an incentive for relocating historic structures and we do not want to make it cost prohibitive. Mr. McDuffie moved to approve Ordinance No. 44-07 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he gave the Commission some additional thoughts regarding the budget this evening which can be discussed at the September 18, 2007 Meeting. He stated if the Commission has other questions or ideas between now and then to let him know because staff will need to advertise something prior to the final hearing. The City Manager stated staff can make adjustments and this can always be amended on September 18, 2007. Secondly, the City Manager stated he had a discussion with Paul Dorling, Director of Planning and Zoning, today in the Agenda Prep Meeting. They would like to defer further discussion of the Historic Preservation ordinance until the October Work Session. The City Manager stated Mr. Dorling is still working on options and alternatives that they would like to present to the Commission at that Work Session. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.3. Mr. McDuffie Mr. McDuffie submitted numerous petitions he received from residents and non-residents regarding dogs on the beach to the City Clerk for the record. -35- 09/04/07 13.C.4. Mrs. Montague Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.5. Manor Ellis Mayor Ellis reminded the Commission that normally at this time of year there is an annual performance review for the City Manager and the City Attorney. She stated- any changes would need to be handled at the next Regular City Commission Meeting of September 18, 2007 in order for the changes to be effective October lst Mayor Ellis encouraged the Commission to sit down with the City Manager and the City Attorney to discuss any performance issues they may have and noted that this will be an Agenda item for September 18, 2007. There being no further business, Mayor Ellis declared the meeting adjourned at 8:31 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 4, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -36- 09/04/07 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR VILLAGE SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on September 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Village Square. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 5 No 0 b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 1 IMP m Q A II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E){5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 b. Performance Standards for Density Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes 5 No 0 c. Consistency with Article 4.7 (Workforce Housing): Is the development consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the LDR's in order to allow the applicant a density bonus? Yes 5 No 0 The total density, based upon (b) and (c), is 18.04 dwelling units per acre. 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 6. Based on the entire record before it, the City Commission approves X denies 0 the conditional use request subject to conditions attached hereto and hereby adopts this Order this day of September, 2007, by a vote of 5 in favor and 0 opposed. ita Ellis, Mayor ATT~F~T: ~~.~~ ~~~ ~ Chevelle Nubin City Clerk 3 CONDITIONS 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 2. That a plat must be processed and recorded prior to issuance of a building permit; 3. That the applicant provides a southbound left turn lane at the north entrance within Auburn Avenue; 4. That paver-block raised speed tables or another type of traffic calming device be provided along SW 12t'' Avenue and SW 13th Avenue; 5. That a bus shelter easement(s) shall be provided at a location to be determined by the SPRAB Board and that a bus shelter be installed simultaneously with Village Square Development. The City will provide detail on the bus shelter; 6. That the location of the 56 workforce housing units be clearly depicted within each building in the site plan; 7. That the workforce housing units are sold in accordance with Article 4.7.7; 8. That the portion of Auburn Avenue between SW 7th Street and SW 8th Street including a five foot (5') wide sidewalk easement shall be dedicated and executed as part of the plat for the proposed development; 9. That a five foot (5')right-of--way dedication is required for the south side of SW 8th Street and shall be noted on the proposed development plans and be executed as part of the platting process for the proposed development; 10. That the portion of right-of--way for SW 8th Street located between SW 13th Avenue and SW 12th Avenue shall be abandoned or the site plan modify accordingly; 11. That a five foot (5') right-of--way dedication is required for the west side of SW 13th Street and shall be noted on the proposed development plans and be executed as part of the plat for the proposed development; 12. That the Home Owner's Association documents contain a prohibition on the parking of vehicles within the interior street system and that a copy of such document be provided to the City; 13. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with workforce requirements of LDR Section 4.7 and recorded in the Public Records of Palm Beach County; 14. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices; 15. That no amendments to the covenants shall be made unless by written instrument approved by the City; 4 16. That floor plans for the condominium buildings shall be revised to comply with the minimum area of 1,250 sq. ft. required for three bedroom units and that the footprints for the condominium buildings shall be revised in the site plan and landscape plan; 17. That no lot premiums be charged on the workforce housing units and that all workforce housing units shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features; 18. That a composite utility plan be provided with the site plan application; and 19. That the floor plans for the townhouses denote adequate space for trash, recycling, and storage area in the garage in addition to the parking space. 5 LDR Section 4.4.6(1) (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. 6 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. 7 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER AND INTERNAL ADJUSTMENT REQUESTS FOR VILLAGE SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The internal adjustment and waiver request"s have come before the City Commission on September 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the internal adjustment and waiver requests for the Village Square Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. INTERNAL ADJUSTMENT: Pursuant to LDR Section 4.4.6(F)(3)(a), Building TH-2 within Village Square does not meet the required side street and front setbacks from the internal street system/access tract. The applicant has requested an internal adjustment to reduce the building setbacks as follows: • Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front setback {east side of the building) from 15' to 9'. Pursuant to LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. Does the internal adjustment request meet the requirements of 2.4.7(C)(5)? Yes 5 No 0 II. WAIVER: Pursuant to LDR Section 4.6.9(D)(2), adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. The applicant has requested a waiver to this section. 1 I~e~n 93 Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for an interior road is 24 feet. The applicant has requested a waiver to reduce the width from 24 feet to 22 feet. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the maneuvering area waiver request meet all the requirements of 2.4.7(8)(5)? Yes 5 No 0 Does the minimum paving width waiver request meet all the requirements of 2.4.7(6)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves 5 denies 0 the internal adjustment request to LDR Section 4.4.6(F)(3)(a) and waiver requests to LDR Sections 4.6.9(D)(2) and 6.1.2(C)(3)(a) subject to the condition that Homeowners Association documents provide that there will be no parking in the street. 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of September, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Ri a Ellis, Mayor Cheveile Nubin, City Clerk 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the denial by SPRAB of a request for an exception to the Master Sign Program, for the KFC restaurant on Linton Blvd., to allow a larger size sign than permitted for SPRAB under the Master Sign Program (LDR Section 4.6.7(F)(2)(b)). This appeal comes before the City Commission on September 4, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial by SPRAB of an exception to the Master Sign Program. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Pursuant to Section 4.6.7(F)(2}(b), the Master Sign Program provides that the intent of the sign code be maintained and the character of the community not be diminished. Would granting the waiver meet this requirement? Yes 0 No 5 3. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. ~~em q.~ 4. Based on the entire record before it, the City Commission approves denies X the appeal and hereby adopts this Order this 4th day of September, 2007, by a vote of 5 in favor and 0 opposed Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORnY, OR COMMITTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHISERVEISAUNITOF: CRY C~~, CITY ^ COUNIY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME OFPOLmcALSUeoIVIS1oN: DATE ON WHICH VOLE OCCURRED September 4, 2007 MY POSITION IS: 36 ELECTIVE ^ APPOINTNE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting oh a mea- sure which inures to the special gain or loss of a prinapal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business assocate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1!2000 ITEM 8 . C = ITEM 9 . A. A. PAGE 1 APPOINTED OFFICERS (continued] • A copy of a forth-must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before particlpating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes. of.the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read. publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eliopoulos ,hereby disclose that on September 4 , 20 07 (a) A measure came or wilt come before my agency which (check one) - inured to my special private gain or loss; inured to the speclal gain or loss of my business associate, K,in; fY F.1 i n= nn 1 nc Arrtli t Pr tsy P ~ _ inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the specal gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .. _~ Se:.Ftember 4. 2007 _ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-~AIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delray Beach City Commission MAILING ADDRESS 205 George BllSh BOUleVard THE BOARD. COUNGL, COMMISSION. AUTHORITY OR COMMITTEE ON wHICHISERVEISAUNITOF: QTY COUNTY ~ ^ C~NT~' ^ OTHER LOCAL AGENCY Delray Beach, Florida. 33444 Palm Beach NAME OFPOLRICALSUBDMSION: Ou4TE ON VYHICH VOTE OCCURRED Se tember 4 2007 MY POSmON IS: X1 ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, dry, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflid of interest under Sedion 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which.you have a conflid of interest will vary greatly depending on whether you hold an elecflve or appointive position: For this, reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding eledive or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each eleded or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a pr9ndpal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private -gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts eleded on a one-acre, one-vote basis are not prohibited from voting in that capadty. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Aflhough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflid before making any attempt to influence the derision, whether orally or in writing and whether made by you or at your diredion. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 ITEM 10 . D, PAGE 1 APPOINTED OFFICERS (continued): • A Dopy of.the form must be provided immediatelyao the other members of the agency. • The form must be read. publicly at-the next meeting after the fam is filed. IFYOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose. orally the nature of your conflict in the measure; before partidpating. ; • You must complete the form and file it within 15 days after the vote ocarrs with the`~ferson responsible for recording the minutes of:the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. Eliopoulos ,hereby disclose that on September 4 , 20 ~: (a) A measure came or wiN'come before my agency which (check one) _ inured to my special private gain or loss; ~ ' inured to the specal gain"or loss of my business assodate, Kupi & Eliopouios' Architects , P. A. inured to the specal gain or loss of my relative, inured to the speclal-gain orloss of _ , by .whom 1 am retained; or inun3d; to the spedal:gain or loss of ,which is the parent organization or subsidiary of a princlpal which has retained me. (b) The measure before my agency and the nature: of my conflicting interest inthe-measure is as follows:. September 4L2007 Oate Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 112000 PAGE 2 SPECIAL/WORKSHOP MEETING SEPTEMBER 11, 2007 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:01 p.m., on Tuesday, September 11, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Janet K. Whipple, Deputy City Clerk Lanelda Gaskins, Executive Assistant/Agenda Coordinator Presentation of Community Redevelopment Aeencv ICRAI Budget Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) presented this item. She did an abbreviated PowerPoint presentation as well as distributed a packet of the presentation to Commission which gave a more detailed budget and work plan. Mrs. Colonna described the accomplishments of CRA for FY 2006-2007 and progress on upcoming projects. She explained the adopted expense allocation for FY 2008 budget. David T. Harden, City Manager, asked if a referendum would be needed city-wide or district. Mr. Fetzer complimented CRA on their great teamwork and for "stepping to the plate" to help with funding the shuttle service and the Dekay Beach City Library. 2. Discussion regarding establishment of a Budget Task Force David T. Harden, City Manager, provided background information on this item. At the August 28, 2007 Commission Workshop meeting, staff presented the Commission with information regarding the Budget Task Force that the City of Clearwater implemented. Mr. Harden would like to prepare a Resolution to implement a Budget Task Force for the City. Mr. Eliopoulos is concerned with the membership protocol that would be established for the task force. Mayor Ellis is concerned with the quality and caliber of people needed. The length of time needed for service would also need to be established. Mrs. Montague asked that Mr. Harden draft a list of professional backgrounds necessary for the task force. Mr. McDuffie advised that the time of year for some professions such as tax professionals and auditors would have to be taken into consideration, it may be a conflict. Mr. Fetzer advised he has mixed emotions but he is willing to give it a try. It was the consensus of the Commission to give the Budget Task Force a try. Mr. Harden will bring back to Commission the qualifications needed to be on the Task Force. 3. Reclaimed Water Master Plan Presentation Richard Hasko, Director of Environmental Services, presented this item. He gave a PowerPoint presentation on the reclaimed water system. He explained the benefits and the status of the City since the changes with South Florida Water Management Water District (SFWMD). Mr. Hasko explained the four phases and the progress of the Reclaimed Water System program in each phase, which is based on the cost-effectiveness of the construction. It was the consensus of the Commission that this was a very enlightening presentation. 4. ~.inton Boulevard Bridge Tender House Presentation e Randal Krejcarek, City Engineer, presented this item. Mr. Krejcarek provided an update on the status of the Linton Boulevard Bridge Tender House. Mr. Krejcarek explained the project will be going to SPRAB in the near future and then it will be going out to bid. Mr. Eliopoulos asked if the Linton Boulevard Bridge Tender House will be humcane- resistant. He also asked staff to look at the new metal roofs on design; currently there is a problem with getting a new warranty if you are on water unless you have aluminum roofs. The Commission thanked Mr. Krejcarek for his presentation. Mayor Ellis called the special meeting to order at 7:35 p.m. and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA ~YICE AUTHORIZATION NO. 0408/CH2M HILL, INC.: Approve Service Authorization No. 04-08 in the amount of $82,500.00 to CH2M Hill, Inc. for performance of a comprehensive water and wastewater cost of service rate analysis and development of a rate structure for reclaimed water services. Funding is available from 441-5111-526-31.30 (Water/Sewer Fund/Engineering/Architect). September 1 ~, 2007 Richard Hasko, Director of Environmental Services presented background information on this item. He explained the comprehensive rate structure study that was conducted for several cities for reclaimed water service. The comprehensive utility rate study will look at the cost of running service and the rate that is charged. The City has not conducted a study in several years, and an overall utility rate study is needed. One of the major benefits is the induction of a new EXCEL application software that the City would be licensed to use. The software would be built by CH2M Hill which would offer the ability to plan over a 5-year period such projections as operational maintenance and capital costs Mr. Eliopoulos asked if there was another group that was considered. He is also concerned with the liability section of the contract. Mr. McDuffie advised staff to make sure upgrades are allowed with the EXCEL software. Mrs. Montague moved to accept Service Authorization No. 0408 with CH2M Hill with amendments that it will be compatible with future EXCEL releases and will be subject to City Attorney review of the agreement, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 5-0. 2. APPOINTMENT OF OUTSIDE COUNSEL/LIDIA BOLANDER V. TASER INTERNATIONAL; DGG TASER, INC.; THE CITY OF DELRAY BEACH; OFFICERS FRANK CASAREZ AND STEVEN HYNES: Consider the appointment of Fred Gelston, Esquire to act as outside counsel for the City in the case of Lidia Bolander v. Taser International; DGG Taser, Inc.; The City of Dekay Beach; Officers Frank Casarez and Steven Hynes. Susan Ruby, City Attorney, stated this case was called from the state court and moved to federal court and as a result the City would like the appointment of outside counsel, Fred Gelston, Esquire, to represent the City and the officers. Mr. Fetzer moved to appoint Fred Gelston, Esquire as outside counsel to represent the City and the Officers Frank Casarez and Steven Hynes, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 7:51 p.m. for a brief Closed Attorney/Client Session. 3. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of: Kenneth Miller, et al. v. Darren Cogoni, et al Case No. 07-80249-CIV-Middlebrooks Attendees: Mayor Rita Ellis Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague City Manager David Harden 3 September 11, 2007 City Attorney Susan Ruby Police Legal Advisor Cathy Kozol Attorney Fred Gelston A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above cases. Mayor Ellis reconvened the Special Meeting at 8:15 p.m. 4. SETTLEMENT OF: Kenneth Miller, et aL v. Darren Cogoni, et al Case No. 07-80249-CN-Middlebrooks Susan Ruby, City Attorney, presented this item. Mrs. Ruby discussed the settlement offer of $1,000,000 which is partially insured. The settlement, if approved would be subject to receiving a voluntary dismissal with prejudice, a receipt of a final order from the judge, accepting this settlement and releases from all parties. This settlement would finalize and settle all claims against the City. Mr. McDuffie moved to approve the settlement of Kenneth Miller, et al v. Darren Cogoni, et al with the expressed conditions of the City Attorney, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 8:25 p.m. City Clerk ATTEST: MAYOR September 11, 2007 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, September 11, 2007 which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 September 11, 2007 oQ WHEREAS, the Spady Cultural Heritage Museum is a vital source of information for people wanting to know more about the community's early African-American history and culture; and WHEREAS, Expanding & Preserving Our Cultural Heritage, Inc, , (EPOCH), which has been operating the Spady Cultural Heritage Museum since its doors opened in 2001 to ensure the contributions and traditions of early African-American settlers in Palm Beach County were not forgotten; and WHEREAS, more than 1,000 community members came together at last year's Spady Living Heritage Day Festival for demonstrations of techniques and skills from days gone by; and WHEREAS, this year's Spady Living Heritage Day Festival will be bigger than last year and will be celebrated on September 22, 2007 at The Spady Cultural Heritage Museum in Delray Beach from 10:00 a.m. to 10:00 p.m. and will include demonstrations of shining shoes, making grass brooms, lye soap, cooking fried bread and cracklin' and will feature exhibitors who will discuss syrup processing, turn-of-the-century hand tools and life on the farm; and WHEREAS, Spady Living Heritage Day is an event that highlights and honors the cultural diversity in Palm Beach County and enhances the reputation of Delray Beach as one of South Florida's best places to live. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 22, 2007 as "SPADY LIVING HERITAGE DAY" and call upon all citizens to join in recognizing and commending the Spady Cultural Heritage Museum for its outstanding achievements in preserving the heritage and traditions of the Palm Beach County's African-American community and to support Spady Living Heritage Day. 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 18"' day of September 2007. RITA ELLIS MAYOR (~ A oK WHEREAS, the lives of hundreds of children could be saved each year if communities take steps to make pedestrian safety a priority; and WHEREAS, a lack of physical activity plays a leading role in rising rates of obesity, diabetes and other health problems among children and being able to walk or bicycle to school offers an opportunity to build activity into daily routine; and WHEREAS, driving students to school by private vehicle contributes to traffic congestion and air pollution; and WHEREAS, an important role for parents and caregivers is to teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to school each day and the health and environmental risks related to physical inactivity and air pollution; and WHEREAS, community leaders and parents can determine the "walkability" of Banyan Creek Elementary by using a walkability checklist for the students who walk; and WHEREAS, community members and leaders should make a plan to make immediate changes to enable children to safely walk and bicycle to Banyan Creek Elementary School and develop a list of suggestions for improvements that can be done over time; and WHEREAS, children of Banyan Creek Elementary School, are joining children, parents and community leaders around the world to walk to school and evaluate walking and bicycling conditions in their communities. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida on the behalf of the City Commission, do hereby proclaim October 2, 2007 as Walk Our Children to School Day at Banyan Creek Elementary School in the City of Delray Beach, and encourage everyone to consider the safety and health of children today and everyday. 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 18"' day of September, 2007. RITA ELLIS MAYOR ~~ WHEREAS, the City of Delray Beach is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that home fires killed 3,030 people in the U.S. in 2005 -roughly eight people every day; and WHEREAS, Delray Beach Fire-Rescue's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Delray Beach's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2007 Fire Prevention Week theme, "It's Fire Prevention Week -Practice Your Escape Plan!", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round. NOW THEREFORE, 1, RITA ELLIS, Mayor of Delray Beach, Florida on behalf of the City Commission do hereby proclaim the week of October 7 through 13, 2007 as "FIRE PREVENTION WEEK" in Delray Beach, and urge all the residents to heed the important safety messages, and to support the many public safety activities and efforts of Delray Beach's Fire and Emergency Services. 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 18"' day of September, 2007. RITA ELLIS MAYOR ~c oK WHEREAS, the citizens of Palm Beach County stand firmly committed to quality afterschool programs and opportunities because they: • Provide safe, challenging, engaging and fun teaming experiences to help children and youth develop their social, emotional, physical, cultural and academic skills. • Support working families by ensuring their children are safe and productive after the regular school day ends. • Build stronger communities by involving our students, parents, business leaders and adult volunteers in the lives of our young people, thereby promoting positive relationships among children, youth, families and adults. • Engage families, schools and diverse community partners in advancing the welfare of our children. WHEREAS, Prime Time Palm Beach County, Inc., has provided significant leadership in the area of community involvement in the education and well-being of our youth, grounded in the principle that quality afterschool programs are key to helping our children become successful adults, and WHEREAS, October 18, 2007, is the day of national celebration of Lights On Afterschool, that promotes the critical importance of quality afterschool programs in the lives of children, their families and their communities, and WHEREAS, more than 28 million children in the U.S. have parents who work outside the home, and 14.3 million children have no place to go after school, and WHEREAS, many afterschool programs across the country are facing funding shortfalls so severe that they are being forced to close their doors and turn off their lights. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 18, 2007 as "DISCOVER AFTERSCHOOL DAY" in the City of Delray Beach, Florida and urge all residents to engage in innovative afterschool programs and activities and ensure the children and youth in our community have access to affordable, high quality afterschool programs during non-school hours. 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 18"' day of September 2007. RITA ELLIS MAYOR ~~ aK WHEREAS, the Character Counts! program is built upon basic values called six pillars of character. Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship; and WHEREAS, the Character Counts! vision is to recognize and develop character traits within our families, youths, and community; and WHEREAS, the Florida legislature has mandated that character education be taught in grades K-12; and the Palm Beach County School District has incorporated character education in its curriculum for grades K-12; and WHEREAS, children need strong and constructive guidance from families, religious communities, schools, youth organizations, civic groups and the community; and WHEREAS, community leaders and educators agree that individuals and institutions that influence youth must make conscientious efforts to help young people develop the essential traits and characteristics that comprise good character; and WHEREAS, character education promotes civic pride, spirit, and community unity in our government, schools, businesses and neighborhoods. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of October 21, 2007 through October 27, 2007 as NATIONAL CHARACTER COUNTS WEEK in the City of Delray Beach, and encourage all residents to participate and support the Palm Beach County School District's efforts in providing the Character Counts! Program to the youth. 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 18"' day of September, 2007. RITA ELLIS MAYOR 6.~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: NANCY KING, HR CONSULTANT/COMMUNICATIONS THROUGH: CITY MANAGER DATE: SEPTEMBER 14, 2007 SUBJECT: SISTER CITIES OF DELRAY BEACH YOUTH AMBASSADORS PRESENTATION ITEM BEFORE COMMISSION PRESENTATION: SISTER CITIES OF DELRAY BEACH YOUTH AMBASSADORS BACKGROUND Sister Cities of Delray Beach sent seven high school students to Japan in June as part of a youth exchange program. The students will give a presentation highlighting their experiences during their visit to Miyazu and Kyoto. Sister Cities of Delray Beach, Inc. Student Exchange Program Miyazu, Japan June 8th - 16th, 2007 List of Participants DELEGATION David Schmidt, Sister Cities of Delray Beach (Pres.) Jimmy Mihori, Sister Cities of Delray Beach (Mbr.) Chieko Mihori, Sister Cities of Delray Beach (Mbr.) CHAPERONE Nancy King Tony Durante STUDENT AMBASSADORS Lindsay Brandt Whittaker Bullard Jakob Gittelmacher Tyler Kennedy Joanna Luo William O'Connor Xuejun Alice Wang HOST STUDENTS Eri Hamanaka Atsuhiro Ichikawa Akane Kanai Yuki Moriguchi Keisuke Nakajima Miru Odani 2 .Purpose of the_Exchange_Program WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHEREAS, the relationship between the people of Miyazu, Japan, and Delray Beach, Florida, actually began at the turn of the century when the Florida East Coast Railway helped Jo Sakai establish the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those early settlers was George Sukeji Morikami, whose hometown was Miyazu, Japan, and who later donated his land near Delray Beach to the County of Palm Beach and which now is home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister City program serves as a vehicle fo bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City affiliation in April 1977; and WHEREAS, during the past 30 years our communities have had city officials and citizens exchange visits and have established Student and Business Exchange Programs. Delray Beach Sister Cities is enthusiastically sending ifs fifth Student Exchange delegation to Miyazu on June 8, 2007; and 3 WHEREAS, the relationship between Miyazu and Delray Beach brings about a great sense of brotherhood, friendship and amity between our two great cities. NOW, THEREFORE, 1, R1TA ELL/S, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize LINDSAY BRANDY WH/TTAKER BOLLARD JAKE GITTELMACHER TYLER KENNEDY JOANNA LUO WILLIAM O'CONNOR and ALICE WANG as Student Ambassadors representing both the City of Delray Beach and the Student Body ofAtlantic High School, American Heritage School and Pope John Pau! High School We send our best wishes for good health and fortune to all the citizens, and especially the Students, of Miyazu, Japan, and extend our hands in friendship and peace. 1N WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be atfrxed this 15~'' day of May, 2007. RITA ELL1S MAYOR 4 Itinera JUNE 8 (Fri.) DEPARTURE Delray Beach City Hall 745 AM Students arrive/load luggage 830 Leave for Ft. Lauderdale Airport (FTL) FTL: 900 Arrival at FTL 1109 Flight NW251 Departs for Detroit Detroit Metro: 214 PM Arrival 340 Flight NW69 leaves for Osaka- Kansai (KIX) **JAPAN** JUNE 9 (Saf.) KIXIMIYAZU CITY HALL KIX: 615 PM Arrival Meet Akamatsu-san and Nishihara- san 800 Depart by Miyazu municipal bus for Miyazu City Hall Miyazu City Hall: 1000 PM Arrival at Miyazu City Hall Students meet & depart with host families Hosts' Home: 1030 Settle in/bath/sleep 5 JUNE 70 (Sun.) FAMILY TIME Miyazu: (Students spend the day touring local area with host family) (630 PM David, Mihoris, Nancy & Tony at- tend reception at Hashidate Hotel) JUNE 77 (Mon.) MIYAZU HIGH SCHOOL Miyazu High: (See Time Schedule) 800 AM (?) Students arrive at school to meet the faculty 840 Orientation (1st Period) 940-1130 "Cultural Exchange Program" w/ Seniors (2-3 Periods) 1140 Exchange Students attend classes with host students (4th Period) 1230 PM Break 115 Students attend classes with hosts-students (5-7 Periods) 430 Leave with host JUNE 72 (Tue.) KAIYO HIGH SCHOOL/MIYAZU HIGH SCHOOL Kaiyo High: 840 AM Students tour school Miyazu High: (See Time Schedule) 115 PM Students attend classes with host students (5-7th Periods) 430 International Communication Club's "Welcome Party" 530 Leave with hosts 6 JUNE 13 (Wed.) MIYAZU 8~ GYOUSEI HIGH SCHOOLS/ HASHIDATE HOTEL Miyazu High: (See Time Schedule) 840 AM Exchange Students attend classes with host students (1-2 Periods) 1040 "Cultural Exchange" w/Juniors (3-4 Periods) 1230 PM Break Gyousei High: 115-305 Students tour school 305 Leave for hosts home to pack Hashidate Hotel: 830 PM "Sayonara Party" w/host families and Friendship Committee Young Inn: ~, 1000 PM Rest JUNE 14 (Thu.) KYOTO Miyazu City Hall: 1000 AM Leave for Kyoto by municipal bus (Kyoto sites 6/14-6/15: Kinkaku ji, Ristumeikan, Kiyomizu-dera, Fushimi Inari Taisha, Tenryu ji, Nijo jo and The Gion Area) Kyoto: 1200 PM Tour sites (TBA) of the city ~ EI Inn: 500 Check in Kyoto Station: 630 Dinner ~ JUNE 75 (Fri.) KYOTO Kyoto: 800 AM Breakfast at "Makudonarudo" 900 Tour sites (TBA) of the city 8~ shopping EI Inn: 500 Rest Kyoto Station: 630 Dinner EI Inn Packing & Rest JUNE 76 {Sat.) DEPARTURE: KIXIDETROIT METRO/FTL EI Inn: 700 AM(?) Check out 830 Leave for KIX by express shuttle bus KIX: 1000 Arrival at KIX 100 PM Flight NW070 Departs for Detroit **U.S.** U.S.IDetroit Metro: 1210 PM Arrival 133 Flight NW242 leaves for FTL FTL: 427 Arrival at FTL 8 Time Schedule_at Miyazu_Senior.High 6/11 (Mon) 1st period orientation 8:409:30 2 Cultural exchange program 9:4010:30 with the 3rd year studens h t ki l w o are ng ora a 3 communication course (23 students) 10:40-11:30 4 T ~ L. JLf W. A;JB~JG 11:40-12:30 JapGe~ Math Sci ~CIa~En ~.~~ Lunch 5 T L'; JL; W ~ A~JB~JG 13:1514:05 HR~HR Japa ~HRHRPE 6 T L; JL; W ; A;JB;JG 14:15-15:05 PE ~ HR ;Art S SMat 7 T L; JL; W; A;JB;JG 15:15-16:05 Math Clas Bio;Jap;HR After school 4:30 _ 5:30 6112 (Tue) 6/13 (Wed) T L; JL; W ; A;JB;JG PE Eng ;Jap;ClaEn T; L; JL;W; A;JB;JG Visit to .W ~ ~ p Eng ~ HE ~H ASS ~Ja Kaiyo senior high school cultural exchange with the 2nd year students who are taking OC (9 students) ( incluing Calligraphy) Lunch Lunch T ~ L~ JL; W• A~JB•JG Math Clas ~CIa~PE ~En Visit to ' ousei senior hi h school G g y T ~ L ~ JL~ W ~ A ~ J B ~ J G (including tea ceremony ) Eng Eng MatJap T L; JL; W ; A;JB;JG ' ~ ~-,•~ ' ~,• ~. :, GeGBio ; ~ .''GeGCorRGe Welcome party sponcered by I C C (International Communication Club) 70 Students T: Tyler Kennedy L: Lindsay Brandt JL: Joanna Luo W: William O'Connor A :Alice Wang JB: Johnathan Bullard JG :Jake Gittelmacher Classes HR: Exchange program in each class Geo: Geography Ma: Mathematics Jap:Japanese Eng: English SS: Social studies Cla: Classics (Japanese) Com: Computer programming Sci: Science HE: Home Economics WH: World History 1~ Student Profiles Lindsay Brandt. 17 >~' ~ "J Residence: Boynton Beach, FL ~~ School: American Heritage, Grade 12 Interests/Hobbies: Volleyba-I, -_~ reading, volunteering FAMILYIHOUSEHOLD Father: Phil, Chief Financial Officer Mother: Debbie, Florist Sister: Chelsea, 9th grader Brother: Alex, 7th grader Cats: Peanut, Max, Tabby & Zoey Johnathan Whittaker "Whitt" Bullard 16 Residence: Lake Worth, FL School: Atlantic High School, Grade 12 Interests/Hobbies: Paintball, Lacrosse, skim-boarding, cooking, flying and surfing FAMILY/HOUSEHOLD Father: John, Manager, Delray Water Treatment Plant Mother: Charlanne, Attorney Older Brother: John M., University of Florida, sophomore Dogs: Timber & Jasmine 12 Jakob Alexander Gittelmacher, 75 Residence: Atlantis, FL School: Atlantic High School, Grade 11 ~`°"' 1 Interests/Hobbies: Karate, bass ~ ~ '' guitar player ' FAMILY/HOUSEHOLD Father: Adam, Car Dealer Mother: Marianne, Registered Nurse Brother: Troy, Middle School Student Cats: Pumpkin & Mittens Tyler Kennedy, 75 Residence: Boynton Beach, FL j School: American Heritage, ~ Grade 11 .t Interests/Hobbies: Swimming, ~' video games FAMILY/HOUSEHOLD Father: Steve, Financial Consultant Mother: Lora, Teacher Older Sister: Lissi, Student Younger Sister: Kristin, Student Younger Brother: Cooper, 3 Dogs: Bootsie 13 Joanna Ann Luo, 17 _ _1 Residence: Boca Raton, FL _w School: Atlantic High School, ; Grade 12 Interests/Hobbies: Computers, tennis, art, dance and running ; FAMILY/HOUSEHOLD Father: Renkang, Computer Engineer Mother: Weina, Library Technical Assistant Sister: Eva, University Student Dog: May Luo William J. "Billy" O'Connor lll, 17 Residence: Boca Raton, FL School: Pope John Paul, Grade 12 Interests/Hobbies: Cross-country running, track, making movies, Broadcast and Communications, Piano, song writing, medical sciences FAMILY/HOUSEHOLD Father: William J., Attorney Mother: Becky, Treasurer, City of Delray Beach Dog: Gustavo ("Gus' 14 Xueiun "Alice" Wana. 76 Residence: Boynton Beach, FL School: Atlantic High School, Grade 12 InterestslHobbies: Violin, painting, sketching, reading, fashion design, music, Anime FAMILY/HOUSEHOLD Father: Bin, Embryologist Mother: Wenli Xue, CA, Accountant Younger Sister: Sophia, 2"d grader Dog: Daisy 15 MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director FROM: Bob Diaz, Construction Manager DATE: September 11, 2007 SUBJECT: AGENDA ITEM #U.~f'l- REGULAR MEETING OF SEPTEMBER 18, 2007 CHANGE ORDER N0.2 /ENCO. LLC. FOR THE REPLACEMENT LIFEGUARD TOWER, PROJECT 2005-023 ITEM BEFORE THE COMMISSION This item is before the Commission to approve Change Order No. 2 in the amount of $29,641.00 to ENCO LLC regarding the construction of the Atlantic Dunes Lifeguard Tower. BACKGROUND Hurricane Wilma impacted south Florida in the fall of 2005; soon thereafter the City of Delray Beach hired ENCO LLC to replace two lifeguard towers North-2 (N-2) and the Atlantic Dunes Park tower (ADP), both of which were severely damaged by the storm. After the turtle nesting season of March through November 2006, ENCO mobilized and successfully completed tower N-2. Unlike tower North-2 the Atlantic Dunes Park tower encountered permitting issues at the state level with the proposed location delaying all efforts to construct the unit before the beginning of the turtle nesting season of 2006-2007. On July 31, 2007 the Florida Department of Environmental Protection (DEP) issued a letter of consent authorizing the construction of the Atlantic Dunes Tower. The DEP determined that the relocation of the life guard tower seaward of the erosion control line would be considered beneficial with respects to preventing erosion of the dune in the vicinity of the structure. Change Order No. 2 in the amount of $29,641.00 includes the following; remobilization costs for both the contractor and all subcontractors, pick-up and re-delivery by the general contractor of all construction materials including tower pilings and roof trusses currently stored at City's Train Depot 80 site, mobilization, demolition and legal disposal of the old N-2 tower and ADP tower. Specific details such as time line and costs attached hereto as Schedule "A" for your reference. FUNDING SOURCE Funds are proposed from account number 551-1575-591-45.50 (Business Insurance Fund/Property Claims) Reimbursable expense by FEMA ,extension applied for by the finance department City of Delray Beach applicable through March 2008. RECOMMENDATION Staff recommends approval of Change Order No .2 to ENCO LLC in the amount of $29,641.00 for the replacement of the Atlantic Dunes Lifeguard Tower, City Project No. 2005-023 U:\wwdata~egendalAgenda Info 9.18.071ENC0 COk2 Agenda Memo 09.18.07FINAL.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 2005-023 DATE: PROJECT TITLE: Lifeguard Towers Phase III (N-2 and Atlantic Dunes Park) TO CONTRACTOR: Enco LLC YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $135,610.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $13.562.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $149,172.00 COST OF CONSTRUCTION CHANGES THIS ORDER $29.641.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $178,813.00 PER CENT INCREASE THIS CHANGE ORDER 21.85 TOTAL PER CENT INCREASE TO DATE 31.85 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Enco LLC (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is proposed from account: 551-5175-591-45.50 $29,641.00 DEPARTMENT RECOMMEND: APPROVED: Environmental Services FUNDING By: ATTEST: By: CERTIFIED BY City Manager City Attorney City Clerk LIFEGUARD TOWER REPLACEMENT NORTH-2 AND ATLANTIC DUNES PARK CITY PROJECT N0.2005-023 Hurricane W(Ima Impact October 20, 2005 Contract Award to ENCO LLC Fetxuary 27, 2006 Sea Turtle Nesting Season {Delay) Mar 2006-Nov 2006 $135,610.00 ENCO LLC Change Order No.1 June 13, 2006 Material costs increase based on market demand after hurricane W€Ima and delay due to State permit requirement regarding the sea turtle nestino season $13,562.00 Approved Change Order Na.1 September 26.2006 Revised Contract Total to date September 26,2006 $149,172.00 Contractor mobilized at N-2 November 1,2006 Survey of Atlantic Dunes Park Tower {ADP) discovery made regarding tower location and proximity to existing dune vegetation Navember 1,2006 Application for permit modification submitted to the Department of Environmental Protection Office of Beaches & Coastal Systems November 17, 2006 Department of Environmental Protection {DEP) requests Additional information (survey re-profile the beach to map the Mean High Water Line) December 20,2006 Additional Information submitted to the (DEP} January 3,2007 Federal Emergency Management Agency (FEMA) FEMA re€mbursement extension applied for by the City of De€ray Beach Finance Department February 23,2007 Florida Department of Environmental Protection {DEP) Sovereign Submerged Land Authorization letter of consent IssuedlApproved July 39, 2007 Notice Letter of Consent and Notice to Proceed Received by the City of Delray Beach August 31, 2007 Change Order No.2 ENCO LLC submitted for commission review and approval September 18,2006 $29,641.00 Pending Commission Approval Revised Contract Amount $178,813.00 ENCO LLC tentatively scheduled to mobilize After sea turtle nesting season Nov 1,2007 November 1,2007 SCHEDULE"A" TIME LINE Delray Beach Lifeguard Towers SCHEDULE "A" Change Order No.2 Cost Summary N-2 Tower ADP Tower 1.1 Mobilization 1.1a Additional Mobilization/Demobilization Contractor and Subcontractors $ 2,000.00 $ 2,000.00 1.2 Pilin 1.2a Stared files 1.2b Down time(Perrnit Issue) for equipment Rental at $1,272 per day for 4 days 4 $ 1,272.00 $ 5,088.00 1.3b Mobilization Piling Heavy Equipment 1 $ 8,000.00 1.3 Waod frame 8~ Hardware & access 1.3a Change of Column design {TWRS PR} 2 $ 3,600.00 1.3b Stored Wood 1.3c Stored Hardware 1.4 Windows & Doors 1.4a Stored windows and doors 1.4b Change of Sliding to French Doors 2 $ 4,953.00 1.5 Roofin 1.5a Stored roof #iles 2.0 Demolition 3.1 Contin enc Allowance 3.2 Gradin & landsca Atlowance 3.3 Lockset Allowance 4.0 Indemnification 5.0 Delivery to and frdm temporary Dry Storage Depot 80 Site 1 $ 4,000.00 TOTALS FOR CHANGE ORDER NO. 2 1b,641.00 $ 14,000.00 Ori final Contract ! ~; 135,610.00 han a Order No.1 ; 13,562.00 Chan a Order No. 2 ; 29,641.00 Revised Contract Amount 178,813.00 91111200710; 55 AM Agenda I#em No.:~•~ AGENDA REQUEST Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Workshop Agenda DATE: September 11,2007 WHEN: September 18.2007 Commission Meeting Description of item (who, what, where, how much: This item is before the Commission to approve Change Order No. 2 in the amount of $29,641.00 to ENCO LLC regarding the construction of the Atlantic Dunes Lifeguard Tower City Project No. 2005-023. Background Hurricane Wilma impacted south Florida in the fall of 2005; soon thereafter the City of Defray Beach hired ENCO LLC to replace two lifeguard towers North-2 (N-2} and the Atlantic Dunes Park tower (ADP), both of which were severely damaged by the storm. Funding Funds are proposed from account number 551-1575-591-45.50 (Business Insurance FundlProperty Claims) Reimbursable expense by FEMA ,extension applied for by the finance department City of Delray Beach applicable through March 2008 ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 2 in the amount of $29,641.00 to ENCO LLC regarding the construction of the,A~l~ntic Dunes Lifeguard T~,1(ver City Project No. 2005-023. Department Head [ /),- Signature: ~ Q~l f --U ~' Determina#ion of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable} Budget Director Review (required on all items involving expenditure of funds}: Funding available"`;-~ -S . ~ Funding alternatives NIA (if applicable} Account No. & Description: NIA City Manager Review: ~ Approved for agenda: ~O Hold Until: U ~' I~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved 5:\fingAdrain~Pmjeas1206S,2005-023'~.OffiuRREV Enco Agenda Aug 200TETTCO COA2 Fine] Agenda Request 09.18.07.dce MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CAROI..ANNE KUCMEROWSKI ~~,, THROUGH: DAVID T. HARDEN, CITY MANAGER ~~ RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIltECTO DATE: SEPTEMBER 10, 2007 SUBJECT: . ITEM BEFORE COMMLSSION Thisrtem is before the Commission to approve a Contract Addition (Change Order No. 1) in the amount of $206,2b9.25 to West Constn>ction, Inc. for the removal and replacement of a seawall and the redesign of a parapet wall due to actual site conditions, which could not be determined during precanstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. BACKGRO~.TN,~ The preconstruction site evaluations were conducted under restricted conditions. Since Mangrove Park is a wetlands area, we were not allowed to enter the mangrove area. In addition, we were not allowed to do any clearing. As a result, the initial testing was conducted under limited access conditions; and we were unable to obtain sufficient soil samples. The results of the initial testing indicated that the existing walls would need to be repaired. The original contract award included an amount for the repairs to the walls based on the limited testing results. However, the full extent of the repairs could not be determined until we were approved to enter and begin construction; and conduct fiuther evaluations as the actual soil and wall conditions were exposed. As a result of recent evaluations which have exposed the extent of the disrepair, the consulting engineer is recommending that the walls be replaced and/or redesigned. The contractor, West Construction, Inc., has provided two (2) quotes for the work at a total cost of $2(}6,269.25; and an appropriate time extension of eighty-seven {87) days, contingent upon permitting, to perform this additional scope of work. A background information sheet with additional details and copies of the quotes are attached for your reference. The pricing is commensurate with industry pricing. Staff recommends completing this scope of work to ensure durable wall systems. Below is a summary: Removal and Replacement of Seawall at Boat Ramp $137,939.45 42 Days Redesign of Sea Wall at Rest Room Building jParapet Wall) $ 88,329.80 45 Days Totat CostJAdditional Days Required 5206,2b9.25 S7 Dsys FUNDING SOURCE Funding is available from #334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). RECOMMENDATION Staff recommends approval of a Contract Addition (Change Order No. 1) in the amount of $206,269.25 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a parapet wall due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed an entering the mangroves, for the Mangrove Park Project. S:1EogAd~aie~Pmjecv12061~2001.OOTOFFICIAUCO I West Agds Mena OC 09IS07.doc CONTRACT ADDITION (CHANGE ORDER NO.1) WEST CONSTRUCTION, INC. MANGROVE PARK PROJECT #2001-007 *BACKGROUND INFORMATION SHEET* During construction a dense layer of rock, approximately 4 feet, was discovered below the proposed grade along the front of the seawall at the restroom building (parapet wall}. This dense layer is located along the parking lot. Due to this condition, the original design of the parapet wall is prohibited. The site conditions require a revision to the wall design to include driven king piles which can be punched through this layer and obtain the necessary penetration depth. Although the original wall design is appropriate for the expected soil conditions; the actual soil conditions prohibit tine original design and necessitates the use of a king pile and sheet pile wall. This type of wall construction is slightly mare costly, however will result in a more substantial and durable wall system. The cost for the scope of work for the seawall at the restroom building (parapet wall) is $6$,329.80. Also during construction it was discovered that a portion of the existing seawall at the boat ramp, which was exposed during excavation, requires removal and replacement; due to corrosion and structural defects. The original contract award included the repair of this wall but, the consulting engineer's evaluation of the exposed wall reconnmends removal and replacement. The cost for the scope of work for the seawall at the boat ramp is $137,939.45. The additional time required to complete this scope of work is eighty-seven days; this is contingent upon completing all permitting requirements. S:1EngAdmmlPmjoc1y1200112001-007VOFFIC[AL1C01 Wear A~t1a Memo GC 0918a7.~c ~~~ W d ~ ~~,. :. ., _n- ,. ~. t ~, ~,~; ,, i. . ~- ~/ / / ~,/~ /, ~' i ~~.. , ~~; ~~~~ ~E ,~~ .~ ~,,. e. ~ ~. ~~ ~. ~ . of CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. PROJECT TTTLE: 1 (Contract Addition) Mangrove Park TO CONTRACTOR: Went Construction, Inc. ROJECT NO. 2001-007 DATE: YOU ARE IiEREBY 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: Additional work required for the removal and replacement of a seawall and the redesign of a parapet wa!! due to site conditions, per the attached Schedule "A"; and a contract exunsion of eighty-seven (87) days. SUMIKARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $2,113,603.92 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,113,603.92 COST OF CONSTRUCTION CHANGES THIS ORDER $206.269.25 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,319,873.17 PER CENT INCREASE THIS CHANGE ORDER 9.75% TOTAL PER CENT 1NCREASE TO DATE 9.75% TOTAL CONTRACT TIME WILL BE INCREASED BY 87 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurau; that the prices quoted are fair and reAso~ble and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. West Constrncflon, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is a!vailab{e from account: 334-4174-572.63.90 DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney s:~na~~;~uaat~ooi.oono~cut.~ ~ w~ oc o~iam.aa By: Mayor ATTEST: By: City Clerk s .. i. 1 ,' _ WEST.toreman:mach' 1aba~: ; ; ':. :: ~ 1 . I::'$14OQD.OCI: j $10.000.00.; ;; 1 ;_~dbrftate :irishdtt icing pites.CUt 35!. pm~:lD~nBS` inSl~R B~Ch~s brt~8=& 1 1 ; :553;800.00 ! `$53,80Q.00- ` .... - .. .~ ~ ~ : fJE:P. bBC.~Fi1 ~~1't3fll Gtxt-Twit .. .:. ~ ~ .'. ~ .~~ ~.. ~. ~ ~:~. .I. ~~ ~ :: ~:~ i~ 2 :.. . ":t7H8P' :; 7 .. LS '. :`$3`190.00 :° ::'53.19E}:OO i 3 °. : `:hone " ; ... ; . €?< ..; . _~:S ...::$1;339.80°... .> ....$?;339.80 ' .~ a r .. g 's' ~ . - , . ~ . ~ t • Pmt ; z. _ - .Cf range ~s~aposat Request Project # : . ~ D6 2D01-~7 ~ ~ CPR # 804 .'tips " .: ,. r1t(Mangrpve Park] ~ intracc~astai Pa , isaraeD~ Sep 4:1 ~(~ , . , s :.. ~~'t~.S,~EDERAC.hlIGFiWi4Y ~ &ibjec# 1~-eir~gi~oeri~tg'dS+~WNi:°~ .qty; state, ~` iaE~.i~a~rs~ei~~c~iai4a ~ .:. . °.: ~;. . , ' . .: : - :: -_ . .. ,.. i~erniasred ae~d r clue tv ccr~"+esfion acrd st~tl deiei~s..A ~icatch v~ras p~sen~d to:~1'I~fST Cems~ , Fraotn :Alaef:':Gerrwg ~ Aaso,c:: #or~ nS. IVet+gmourit~#h~si?roposedChang&.:. : 'f37 ,.:.~t5~, .. r:3'tae Cor~raF.t:Tirr~efluei~a'Ciis CAs.. .. fro uesf incased by X42 W:oi~iing f~8~+s : , : ,.... ~ ~ ..., . ~h18 Ci0Ct3rrk?rit, VVi2~'rt ?JC9E~lh~d !:!S ~'ShBfl COr15~Lit8 aU8'rOftZa~pR tQ,d 1NIUa`919 iAlOrk desaibed he-eiri. . .. ,. SUtNt~tEd:i~(.: ~: ~~:' }-~ L.i.DO~t~kflC~' ;yp(~QNSTRUGTlON iNC. ~t~1(i?F D13RAYBFJ1G~t Cor'rrpany . ; .. . ~ ey::: _ _ ; t3ate ~ ;~ . - rate ... . ;_,_.. ,, . "Con~y~mancrir aid Sci~sdule imparct t)eta~s °, .... :... - ' 't " .' ' ! add 64 feet of sea viral4(tied back's WEST Side afil3oat ramp :' _~ .! 1 r'I : ' 1 i X53:952.00 ,. ;: ::~53.952_GC '~ ; 'su rvision:af Forman for.duration of the a order:. ;:::. ; ::. 6 ~ sndc ;• . $3;fA0.00 ` ~ , $18,OCO.OC 1 I surv and stake . _ , : ' ' : 1 1 " ' ~a2,50C.00' $2.5GG.GL` ,._ . " 2 ~ 2cid 69 feet of ses wall f Batter" EAST Site bf Soat rani ' 1: I; . 1 ~ : $65;343:00 •$65.343.Ota : 3 ; . ~ Demolition<af't33 if. a rox of Existi Watl .:: 1 ~ 1 ,~ .:$22.500.00... . $22.5CC.QC' ; : °~. :4 - ::'Forbid' 8 erosion Cordrot _ ::. , ::. - .t .. ;{ ~ `$3.500,G0 ' , ...;,.$3,500.00 r '' ' : ,5. :. : ` is iYeditfcxitem~~2 deG~te~b`ir tise~aurafi .: : ' .: 1 a :.:! `.5-13,804.t3J°: :.;:~:?3.640.(Y~ ..` . '~ ~8 - i t~^edrt ftr:i#err~«33 dead rrsar: an~ors ..: ; . ....... j ...1.. 1- ..:..`$.:"s.000.OC . `.:: ~3.000.OOc°s::'.?..,. 7 ' credif.foritern~37 vsrlica! Retch :::. ~ ~, 1 ~? 5-21`.6~i0.06. S'21.6Q€3 OC r ' . ~ 8 <'::_° _,.: sift fend rotection '.-:.: ° :. _ _::•:i:s .:g , . _ : . , : .,1 :. '.: 9 ..:, . OHBP :: ~ 1 ': i.S :°::56,439,75 `$6,439.75°'. .. ~ 'lt' ;; bondi ... :. : 1 ;.:. i-S .: 1 $2.70~1.7G :$2,704.70: ; :..:......... .... GPR ~ - 3t3 Pa _.. ..:: ,.. cC C#+ange Orde-~ tie. ' ` _ , ...... ... ,... Kucmerowskl, Caroianne From: Ballestero, Rafael Sent: Wednesday, September 12, 2007 8:12 AM To: 'Rebecca Travis ;Jose Aquila; Diaz, Jabiel Cc: agen~vig~aga-engineering.com; Hasko, Richard, Kucmerowski, Carotanne Subject: RE: Sea Wall CPR#4 (c~Boat Ramp Thank you. Rafael C. Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 ballestero~ci.delray-beach.fl.us -----Original Message----- From: Rebecca Travis [mailto:RTravisemathewsconsultinginc.coral Sent: Wednesday, September 12, 20x7 7:56 AM To: Jose Aquila; Ballestero, Rafael; Diaz, Jabiel Cc: agerwig®aga-engineering.com Subject: FW: Sea Wa11 CPR#4 Boat Ramp Importance: High See Alan's comment below. Rebecca Travis, P:E. Mathews Consulting, Inc. 1475 Centrepark Blvd., Suite 250 West Palm Beach, FL 33401 561-478-7961 561-47$-7964 fax www.mathewsconsultinginc.com -----Original Message----- From: Alan Gerwig [mailto:agerwigeaga-engineering.coml Sent: Tuesday, September 11, 2007 5:21 PM To: Rebecca Travis Subject: FW: Sea Wa11 CPR#4 Boat Ramp Rebecca, The price they have submitted for the wall replacement looks real good. Anything less than $800.00 LF is good and this works out to $760.00 LF. Let me know if you have any questions. Thanks, Alan Oerwig, P.B., President Alan C3eerwig & Associates, Inc. 12798 W. Forest Hill Blvd., Suite 204 Wellington, FL 33414 Phone: 561-792-9000 Fax: 562-792-9901 AGA Project Number: -----Original Message----- From: Ballestero, Rafael [mailto:Ballestero~ci.delray-beach.fl.usl Sent: Tuesday, September 11, 2007 4:25 PM To: Jose Aquila; Rebecca Travis; Alan Gerwig Cc: Diaz, Jabiel; Kucmerowaki, Carolanne Subject: FW: Sea Wall CPR#4 eBoat Ramp Please review and comment on pricing. Thanks, Rafael C. Ballestero Deputy Director of Construction City of Delray Beach {561) 243-320 ballestero®ci.delray-beach.fl.us -----Original Message--___ From: Christopher Caprio [mailto:CCaprio~westconstructioninc.net} Sent: Tuesday, September 11, 2007 4:.12 PM To: Jose Aguila Cc: Ballestero, Rafael; Diaz, Jabiel Subject: Sea Wall CPR#4 Boat Ramp «AR-BC320_20070911_I62145.pdf » Jose This is the GPR as requested for the sea wall at boat ramp per Alan Gerwig's drawing. We priced as fast as possible, considering we received late. Please forward ASAP. Thank You. Christopher Caprio *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Alan Gerwig & Associates, Inc. is a Civil and Structural engineering consulting firm with experience and capabilities in a wide range of projects from site development to structural design of bridges and buildings, providing services throughout the State of Florida. Call 561-792-9000 or email: mail~aga-engineering for further details. ------------=----------------------------------------------------------- CONFID$NTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) names above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Agenda Item No. AGENDA REQUEST DATE: September 10, 2007 Request to be placed on: Consent Agenda X Regular Agenda WHEN: SEPTEMBER '[8.2047 Commission Meetinst Special Agenda Wprlcshop Agenda Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Addition (Change Order No. 1) in the amount of $206,269.25 to West Construction, Inc. for the remove! and replacement of a seawatt and ths redesign of a parapet watt due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project #2001-007. Background The preconstruction site evaluations were conducted under restricted conditions. Since Mangrove Park fs a wetlands area, we were not allowed to enter the mangrove area. In addition, we were not allowed to do any clearing. As a result, the initial testing was conducted under limited access conditions; and we were unable to obtain sufficient soil samples. The results of the initial testing indicated that the existing walls would need to be repaired. The original contract award included an amount for the repairs to the wails based on the limited testing results. However, the full extent of the repairs could not be determined until we were approved to enter and begin construction; and conduct further evaluations as the actual soil and wail conditions were exposed. As a result of recent evaluations which have exposed the extent of the disrepair, the consulting engineer is recommending that the wails be replaced and/or redesigned. 'The contractor, West Construction, Inc., has provided two (2) quotes for the work at a total cost of $206,26925; and an appropriate time extension of eighty-seven (87) days, contingent upon permittting, to perform this additional scope of work. A background information sheet with additional details and copies of the quotes are attached for your reference. The pricing is commensurate with industry pricing. Staff recommends completing this scope of work to ensure durable wail systems. Below is a summary: Removal and ReplacerneM of Seawall at Boat Ramp $137,939.45 42 Days Redesion of Sea Wall a# Rest Rohm Buildirx~ tParaoet Wall) S 68.329.80 45 Davs Total CosUAddltional Days Required 5206,269.23 87 Days Fun~ng is available from #334-4174-572-63.90 (Genera4 Construction Fund/intracoastai Paris! Other lmprovemeMs). ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recomrrrends approval of a Contract Addition (Change Order No. 1) in the amount of $206,26925 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a parapet waA due to actual site conditions, which could net be determined during preconstrucfion site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project," 1 /'~ Department Head Determination of Consistency with Comprehensive Plan: City Attomay Review/Recommendation (if applicable) Budget Director Review (required on ail items involving expenditure of funds): Funding available ~ t~ ~ Funding alternatives NIA (if applicable} Account No. & Description: #334-4174572-63.90 ~~'~~ . S~ 7~ / (Gen. Construction FundUintracoastal Park/Other Improvements) City Manager Review: Approved for agend ~/+ Hold Until: ~/ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved 3;~E;ogAd~dhojew~2fl0112001-OOTOPPIpwL~C01 weq wgda Reg (iC 09 tg07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CAROLANNE KUCMEROWSKI ~,~, . THROUGH: DAVID T. HARDEN, CITY MANAGER RICHARD C. HASKO, ENVIRONMENTAL S RVICES DIRECTO DATE: SEPTEMBER 10, 2007 SUBJECT: _C4NTRACT CLOSEOUT (CHANGE ORDER NO. Z/FINAL)/N.E. 4 rn STREET IMPROVEMENTS PROJECT #2002-037 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct mount of (-$57,275.46) and final payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. for completion of the N.E. 4`~ Street Improvements Project. BACKGROUND The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #637005 to funding account #448-5461-538- 65.31 (Storm Water Utility Fund/Other Improvements/NE 4a' St.-NE 5~' Ave. to NE 6`~ Ave.}. RECOMMENDATION Staff recommends approval of a Contract Closeaut (Change Order No. 2/Final) in the net deduct amount of (-$57,275.46) and final payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. for completion of the N.E. 4~' Street Improvements Project. cc 2002-037 Project File 9/18/07 Agenda File S:1CmgAdminlProjects~2002~2002-037~OFFICIALICO 2 Final Rosso Agda Marro GC 091807.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final ROJEGT NO. 2002-037 DATE: PROJECT TITLE: N.E. 4`" Street Improvements Project TO CONTRACTOR: Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $225,837.50 .COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $38.729.50 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $264,567.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($57.275.46 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $207,291.54 PER CENT DECREASE THIS CHANGE ORDER -25.3b% TOTAL PER CENT DECREASE TO DATE -8.21 CERTIFIED STATEMENT: I hereby certify that the supporting cast data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of fire original work contracted for under benefrt of competitive bidding. Rosso Paving & Drainage, Inc. (Conductor to sign & seal) TO BE FII,LED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk CERTIFIED BY s:~,+m~w~.n~oos~aow;~nor~canaco z r~ xnro cc o9r amao~ 8CH&M,7.E "A" TO CBANGB ORDER NO.2 /FINAL (CONTRACT CLOSEOUT) R03S0 PAVING & DRAINAG$ INC. N.E. 4TH STREET IMPROVEMETVTS P!N 2002-037 CONTRACT AWARD CONTRACT TO DATE ITEM NO. DESCRIPTION UNIT Ems' lZTY- UNIT PRICE EXTENDED TOTAL PRICE ACTUAL QTM' ~~ PRIC EXTENDED TOTAL PRICE QUANT ADJ. +~- t Irxisrnri~afion L, . 7 10.00 1D.w 1 10.00 to. 2 L.S. 1 817,300.00 i11,300,OD 1 571,300.00 311. .00 3 AAairterrenca o Traffic LS. 1 ,500.00 ,500.00 1 $4,500.00 ,00 .00 4 C and iq L.S. 7 518,500.00 S18,500.00 1 118,500.00 78,500_ ,00 5 0 Pawmert LS. 7 51.00 $1.pp t 51.00 i. 6 emoval of Exls Pavement and ScarKykrp Bas L.S. 1 57,200.00 ,200.00 1 57.200.00 .200.00 .00 7 As-bu1R prewUlps L.S. 1 51,050. 1,050.00 1 1,060.00 1, .00 .00 8 al of Exis Concrete Sklawalk LS. 1 52,000.00 $2,000.00 7 2,000. .00 s at aura, Ls. 1 51D,DOO. 51o,ooD.DO i S10,000.DO to,ooo.oo 10 hree-Inch Type S-IE! AspF~dt Surface Course S.Y. 87D 122.80 S2Z,1 Tfi.00 806 ,80 7 78.8p ,73 . Tt M-inch Bane! waive-loch .Y. 2,075 .00 553.950.00 554 528. 74,404.00 .548.00 1 h Type ttl As Overlay S.Y. 490 57.75 53,797.50 1,641 57.75 14, T. 5_ 1 470.25 73 ConcreteCurfxsaM utters L . 590 532.60 319,175.00 588 532.50 1 ,045.00 11 .00 14 SWewalk natruction S.F. 1,100 570.00 11,000.00 1,248 870.OD 12,480.00 1, .00 15 Ca+crete urD inlet L.S. T 85,670.00 55,610.00 1 ,610.00 15,810.00. 50.00 16 Canasta Manhole rofR L.S. 1 53,200.00 53.200.00 1 83,200.00 .00 1T PavemeM Metic and S e L.S. 1 82,000.00 52.000.00 1 12.000.00 12.000. S0. 78 Tr S FJ~. 2 5250.00 5500.00 2 5250.00 .00 79 Reinforced Cereals Pie L.F. 7 1732,00 5924,00 8 1132.00 S1, 11 ZO Cexrction W Exis O L.S. 1 .00 5935.00 1 5935.00 5935.00 50.00 27 Dudie Iron Pipe LF. 76 .50 515.486.00 78 5203.b0 575, .00 22 Vallee aril Valve Banes L.S. 1 2,475.00 ;2.476.00 1 2,475.00 ,4 5. .00 23 Fire EA. 1 13,000.00 13,000.00 1 53. ,000. 24 Wafer MainTes' EA. 2 12,420.00 58,840.00 0 2,420A0 25 T ry tosiei l Setlirnenlatbn Contrd L.F. 500 ;4.OD 52.000.00 300 51,200.00 28 S.Y. 36 18.00 288.00 0 .00 .00 86.00 28 ASowence L.S. l.S. 1 1 f10,000.00 S1D.000.00 110,000.00 110 000.00 110,000. 810,000.00 ,82. 52.200. ,375.00 7800.00 TOTAL ORIt3INAL CONTRACT AWARD 1228.837.30 3173,401.55 352,4$5.95 l~Y~YfSC AQHQO YA + _ ew.M ...ww..i.....i..w f... Yr ~~~..... ~~~.rl J . N ...W. ~~., ! ~~_~a A, Patch 4th St. seal of ~ 8th Aw. 5k70' ~ _ _ - _ 1. Mairdenence of Traffic LS. 1 880.50 .60 1 380.50 .50 80.00 2. Demo As 8 Base S.Y. 8 5135.00 1810.00 8 135.00 8810.00 ,DO tore ad 7 rock base sta. 1 • 6 , 12718' 1. Demo Exis Base S_Y. 11 5135.00 S1 485.00 11 E135.00 51,486.00 10.00 C. Aa Patch Sfe. 13+75, 8'x'8' S.Y. 5 5735,00 1675.00 5 8136.00 8675.00 80.00 . AspMtt Patch Pipe Gradiq Sta. 13+83 8'x8' S.Y. 4 1$5.00 .00 4 1136.00 .00 50.00 E. W Ert6rarM:e Restarafbn Sta. 12+48 t. Demo 12 LF carecrele sfdewaNc 8' thick LS. 1 120.00 8120.00 0 120.00 .00 3120.00 2. Re 12 LF srdewalk 6' thick LS. 1 3418.00 18.00 0 8478.00 10.00 78.00 3. Demo 30 LF D nab LS. 1 5240.00 8240.00 0 8240.00 80,00 8240.00 4, 30 LF D nab LS. 1 .00 1660.00 0 5880.00 80.00 3660.00 . Deno s repave 'x28' prvemerk saw cut and patch 6'x6' Pavement; Ndudas demo. fiirrtish and place 12" rockbeuse: 2112 eapheM 21 S S. 1 2.835.00 2,835.00 0 35.00 0.00 2,$35.00 8. Remove ropaoe rockbsae nab pad 8k14'; 73 S LS. 1 5.00 1585.00 0 3585.00 50.00 .00 F. As Patch far 5m. 1+12 8'x'8' S.Y. 5 3136.00 5675.00 S 136.00 75.00 .00 G. Malnterwrvice of Traffic Devices Da 18 548.5D 73.00 18 548.50 3873.00 50.00 H. Valve Boxes EA 8 3450.DD 700,00 3 3450.00 81,350.00 11.360.00 1. Martrde EA 3 1,400.00 34 .00 2 1400.00 2800.00 it 400.00 J. Storm e 1. DudYe Iron P' LF TO 203.30 514,245.00 28 8203.50 85,698.00 38,547.00 2. Grout ExLs EA t 310.00 32.310.00 1 f2 310.00 S2 3t0.00 50.00 3. Abandon 3!4 Service in EA 1 8275,00 3275.00 1 3275.00 3275.00 30.00 4. Abandon 2" Service Jn EA i 3330.00 5331}.OD 0 5330.OD 50.00 5330.00 5. 6' s B. :12x6 8 5 EA EA 1 t 325,OD 31650.00 38.325.00 81,850.00 1 1 58325.00 1.650.00 36325.00 11,650.00 30.00 30.00 CHANGE ORDER NO. i TOTALS i38,724.~ 122~~ 818,483.001 TOTAL CONTRACT AWARD AND APPROVED CHANGE ORDERS 8284.567.69 3195,848.66 (f66,s18~ NOM DESCRIPTION UNlT Q,~f'1,_ UN17 PRICE EXTENDED TOTAL A Q ~ UNIT PRICE EXTENDED TOTAL QUAN'1' ADJ• PRICE PRICE +~- f oca A. (vbbAtration L,S. 1 81 500.00 1,500.00 ;t 500.00 B. tNaintenance of TraNic LS. 1 ,417.90 84 417.90 84 417.90 C. Reetake out L.S. 1 8800.00 8800.00 8600.OD D. Materiel Cost 1. Item 3 II Belt S.Y 806 .83 83.088.98 83,088.96 2. Item 12: 1" tli halt S.Y 1 1 81.21 82,227.61 82.227.61 puertRles AdJustment (Total From Page 1) CorNracf At;wtmsrtt: Charge to t'tosao Paving 8 Drainage for 9 Reid Density Test Fakres t,2,.oort~„re TOTAL CHANGE ORDER N0.2 /FINAL AL CHANGE ORDER NO. ~,f FlNAL SUMAijARY Original Contnd Award Previottsiy Approved Chanyss Award and Previously Approv«! Cttanpes Ffnal Contract to Data CHANGE ORDER N0.2 ! FlNAL 5225,837.50 538.729.50 i28d,587.00 8207,29'1.5a [>iS7.27S-481 ;11, ;11 (;66,818.98) i;1~.08) (;ti7,27lL48) ~~.._ ;20T,Y91.54 ~~ Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Workshop Agenda Agenda Item No.: ~ AGENDA REQUEST DATE: September 10, 2007 WHEN: SEPTEMBER 113.2i1~T Commission Meeting Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Closeout (Change Orcter Na. 2lFinaq in the net deduct amount of {-$57,275.46) and fnal payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. for completion of the N.E. 4"' Street Improvements Project #2002-037. Background The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A°. The project is compie#e and ail closeout documentation has been received. Residual funds to be liquidated from Purchase Order #637005 to funding account #448-5461-53&65.31 {Storm Water Utility Fund/Other ImprovementslNE 4t~' St.-NE 5"' Ave. to NE 6"' Ave.}. ORDiNANCEIRESOLtT1'ION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Gvseout (Change Order No. 2/Final) in the net deduct amount of {-$57,275.46) and final payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. #or completion of the N.E ~' Street Improvements Project. Department H ,~,~ J~ ~ _ '~- Determination of Consistency with Comprehensive Plar: City Attorney Review/Rec:ommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available NIA ~ !~ Funding alternatives N!A (if applicable) Account No. 8~ Description: N/A Ctty Manager Review: Approved for agenda: `~O(,~~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:v~ie~auaonzaoi~TOr~cu[.vo~ z r~ awb ~m xsy cc o9i am.m~ MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager Richard C. Hasko, Environmental Se 'ces Director FROM: Randal L. Krejcarek, P.E., City Engineer SUBJECT: AGENDA ITEM -~.~,CITY COMMISSION MEETING OF SEPT 18, 2007 US 1 CORRIDOR DESIGN OF TEMPORARY MODIFICATIONS SE 10 STREET TO GEORGE BUSH BLVD Kimlev-Horn Service Authorization # 07-01 DATE: Sept 11, 2007 ITEM BEFORE THE COMMISSION The attached agenda is for Commission approvaUauthorization for Mayor to execute Service Authorization (SA) #07-01 with Kimley-Horn and Associates, Inc. This SA allows for the completion of construction plans for implementation of the Florida Department of Transportation (FDOT) approved temporary modifications to US 1 between SE l00' Street and George Bush Blvd. Cost of this SA is $85,000.00, which will be funded by the CRA. BACKGROUND The City and CRA have been working closely with Kimley-Horn and Associates, Inc. and the FDOT since 2004 in an effort to provide beautification as well as enhanced pedestrian movement along the US 1 corridor identified above. The City requested FDOT approve the installation of temporary measures to test this proposed new configuration. Last year FDOT approved the concept of converting one of the three thru lanes, in both the north and south direction, to wider sidewalks, a bike lane and potentially additional parking. This SA will allow Kimley-Hom to prepare construction plans for the implementation of the FDOT approved temporary measures. The cost of implementing the temporary measures will be identified as part of this SA. The City has also received a Federal Earmark within the current Transportation bill that will provide for approximately $1.4 M toward the permanent implementations of the proposed measures. This earmark will be available to the City beginning July 2008. FUNDING SOURCE Funds will be provided from account 334-4141-572-65.99 after transfer from CRA. RECOMMENDATION Staff recommends approval. e~: agenaa File osntio~ File 2004-052 (E) U:\wwdwVgead~lAgmd~ Iotb 9.IB.OT-SOT-09-18 k-h en ~ga~da manoFINAL.doc M~ W .~ m 0 a~ C~ o ~ /~ ~~ a r LLJ L 0 .~ 0 ~o .~ U 0 V r- .-.) - -4. € r -s;:. Y• - a1 i=; _x - - t ~# ~~yf r : ~ ~ a~ • 3 3; N _ ~` _ ,.~~~~~y~ .s.. ss-i ... 1~--'~~~, xis'°~ ~--er~.~__ ~ ~y, V /i `V m ~~~, O O N e- e- -. < ~~UTTINS:&L~~~CE~`~4CJ'1~HU7A.01~' : ;~ ::::. DATE:: S~pie~iber;l3 ~Q07` ~: ; :.- ` ::;.:.:.::: , .. ` ;:,..:::.: '.:; ::::: >:: SERVICE AUTII~IUURIZATION NO l0 Fi)R`: CON5UI:TIIVC`r SERVICES CITY P.O. NO. CITY EXPENSE CODE als~avaa~va vay.aaavyaaaylsaavHM -Wlw:.:luY"'+.~rl (lV a7~{V ;}ilV ~laVl Will LW L scope of:serviees anii`fee foftow PROJECT UNDERSTANDING The scope of services and foes descril:herein°are biased upon'niu ~deistandi#ig 6f:tlie project and assumptions as follows: ~'ypcal'Detail;s}Teets:willtie;;leve~ope~':~oi•e~eh.of ~ieveiaTeoiidins:.T#ie~e::tj'Pical',~eetai~s ... . . will: provide :tlie contractorwith>spe~i~i~ u~orma#~on required for.~desgn implementatifln: _. Teal hand 1`YP seeping I3etat sets.:. ^ Sr anti Favernent I~ `:.:. 1~°s~eets: ~q '~i~a~:level , .: o describe die' ,; : e~:: Sn~ a~g P..... ... ~ .) .... ......... .......... r . . siguuig pavemenC:iu sngs'requif.. :' or::nlpleYrientatiait; :.. ; :. `:. ;- ;:.'° :.::::: ` .:: ' :: ^ TYPical Traf~'ic: Sigcial Modification; scenaios vi*~ll be`:iievelo~sedfo i~se`inadefiressix~g; : ::. anticipated imgacts:to tile. opeFation a# the existing traffic signals :`These sheets will address. ..: relocation of traffic sigi>al:heatls;:pe~es~riari features and s.~gnal.opeFa~aoa phasing:: plan set sum3nary o~ sheets;: ^ Ke .$beet ' .:: ;:. ;; ::::::::..:::::.:-< .:..:::::.:.:::: ` >::::1' ::':::;:>.;: , ° :° :;::; :::::::: °:°::::: 'I`yFical:tions.:.... `:..:.... _ .; .:": .,... 2 S . ~' Swn~iiary o~':Roat~way ~u~~~tas 1 ,: Rlai: ~heeis ; ... .. ... ,.. 20 TypiEal.Aozidway: l?etails . !.... . - 3 >. i3eEa~s TY~ical lend ~Pe ^ Signing andPawenienfNlarkif-g Flans ! 2~.. ' ` ^ '1' i yp.cal Traffrc SEgnal Mz>E1if'icatons .Sceiiariirs 4 ^ T$bUlat1011'Of ~'xaffic Sigi~si.#itifxes : ' 1 ^ Trc Sgrial Modification.~laii :.... ; ' 1 ^ Miscellaneous:Maicitenance:o#'Tiaffic°1)etaits : I' .::::: ' ;, : ,,',: . , ::, `: ' : :: :: ' .... Total`Number o Plan: beets: :: ~5; 58 _. Techn~cril S . .. ,: :. P:W4431000041Gdntractr10207:ievisions~detrd tataeksefv3cei d91307_doc-. .:: t: .. :.' _ <:;' : :. :. .::::.r::. ib 7 3~. .. .. :. ...... .;.: . _.. Task V +Construdiorr lase Services At .this time. the .City lias not selecteda;construci~bn;~gont~actirig'inetliod:':for tli~s'wark:;~#'t~ie glans are offered to coYriractors for bidding ttle~n certain cansultmg services can be provided;; as necessary including ,. ,.: ^ Pzepacatxo~.o~ City $~d Doc~uneats ;. ^ . Coitd~ctmg nia~rda#or~: pre=bid ?co~'irr~tce °. -: _; ^ Assist with bic# re~ieW ~ai-d fa~o>~~on .: ^ . Attegd;pre-cortsttucdo~i #u~edrigs ` . ^ Perform shdp' drawing #~e~iews - ,., ^ Cohduct site inspections ^ Respond to°Con#raetor 8nd change iegiyests Coordinate pregaratic~it of final as=b '. t?lr~i?iri~i' :for:` .:: ~ cXose~i~t ::...: : : :. :::. :', : ' :' , ' .... .... .. ~ lam. ^ - ... .: :.,. . ^ Assist Client in compiIirzg.etase-oruf.`docume~ts to.Cily.Arid`att~er:peri~ittixsg agences:.;; These services are not included' in this service authorisation: If tt~jr are reiluireit an estimate of hourly fee will be provided.. . Task VI Additional Services These services are not included`ut ibis service aatlmiization;. r:~04d3\ti000d1C.aiiGactd10207:ievisions~ae~~it.aeksavice:neni'ds13o7:aiq~.:::::: ;: ;:;;:'; :::;:::'>:':Page:S ofd SCHEDULE III. Eyaluationofltn.le~eatatiori... ..: ... .. .: ....;-.::::::°.. :.. :~26~QCJ°:::....'::.: . IV Meetin s ; ... ; . $3;(lOU; ::::.' :, <::.::..:: Date: 11 Seg2007 AGENDA ITEM NUMBER: .~_ __, .. AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda ~5pecial Agenda When: 18 Sept 2007 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Service Authorization (SA) #07-01 with Kimley-Horn and Associates, Inc. This SA allows for the completion of construction plans for implementation of the Florida Department of Transportation (FDOT) approved temporary modifications to US 1 between SE I0~' Street and George Bush Blvd. Cast of this SA is . 0 which will be~ funded by the CRA. Staff Recommendation: Department Head Signs City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:. es / o Initials: ~ Yes -after transfer from CRA Account Number 334-4141-572-65.99 Description SE-NE 5th&6th Av - SE 4th St to NE 4th St Account Balance: ~'~ti2_~ ~ Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: jYer~'I No Initials: L~' " [ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004.008\OFFICIAL\2007-09.18 k-h sa agenda.doc MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager Richard C. Hasko, Environmental Services Directo FROM: Randal L. Krejcarek, P.E., City Engineer .f~ Q~ SUBJECT: AGENDA ITEM -V • ~ CITY COMMISSION MEETING OF SEP 18, 2007 1108 COCONUT ROW SIDEWALK DEFERRAL DATE: Sep 13, 2007 ITEM BEFORE THE COMMISSION Deferral of sidewalk installation in front of 110$ Coconut Raw. BACKGROUND This is a single family residential lot located at 1108 Coconut Row. Coconut Row is a 12 foot wide street serving four homes. Approximately half of this street is on private property. There are currently no sidewalks along Coconut Row and no future plans to install a sidewalk along Coconut Row. Not applicable RECOMMENDATION Engineering supports approval for sidewalk. deferral. Enc cc Agenda File Sidewalk Deferral File S:1EngAdminlSidewalk Deferrals11108 Coconut Rowl1'!08 coconut -ow agenda r»emo.doc N ~' N L~ r/ ^ 'O V O 00 r r U (a N m (Cj ^Ll W 0 0 N Prepares! By: RETURN TO: R Brian Shutt, Esq. City Attorney's Offis:e 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this ,30 day of ~~(,~~"~` , 20(~ between the City of Delray Beach (hereinafter the City} and ~t'~ tC,~.L. ~~.I~~I.~S,.tl~ereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~ tit ~~ err- ~~until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the (~~~t~l.t ~~~,1J hl right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. C:1Documents and SeitingslCarolyn.JONNHOCK4,Gaca1 Sedting~iTeneporury Internet FileslContent1E51f6Z,10139Lsidewalk deferra!_agmtdoc WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at th' time, for the property located at: _ ,- 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, slang the G~o~.r~nt~}rr'~~- right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parries legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200` ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: City Attorney C.'lDocuments and SetttngslCarolyn.JONNHOCKftoca! Setting~lTemporary Internet FileslContent.lE51I6ZA01391sidewalk deferral agrnt.doc WITNESSES: ' t Warne} ~--~-- (Please type or print name) OWNER: By: STATE OF ~ C~- COUNTY OF BEFORE ME personally appeared ~ who [is] [are] erson ~.Ir~e~-t~Z~[has] [have] p ced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. /~/~ WITNESS my hand and official seal this i7() ~d y o . 20Q~ My commission expires• r~ 1 ~ a~~~ Notary Public ~~ aaniey ~tmae My Comrnisean 00374980 ~a a~ Expaes 1?1181Z00B agt~sidewalk defarai e~temdtt C.•iDocuments and SetrtngstCarolyn.JOHNHOCKIGocal Setting~lTemporary Internet FileslContent.lE31J6ZA01391sTdewalk deferral agmt.doc Date: 13 Sep 200? .:-. AGENDA ITEM NUMBER: AGENDA REbZUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda Special Agenda When: 18 Sep 2007 Description of Agenda Item (who, what, where, how much): Approvallauthorization for Mayor to sign sidewalk deferral agreement for 1108 Coconut lZow. Recommendation Department Head City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number: NA Description : NA Account Balance: NA Funding Alternatives: NA (if applicable) City Manager Review: Approved for Agenda: e / No lnitials: Hold Until: Agenda Coordinator Review: Received: S: {EngAdminlSidawalk [aefeRats11108 Coconut Row411(M coconut row aganda.doc MEMORANDUM To: MAYOR AND CITY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ELIZABETH ALPERT, CD ADMINISTRATOR Through: CITY MANAGER r Subject: AGENDA ITEM # ~ • '- -REGULAR MEETING OF SEPTEMBER 18, 2007 AMENDMENT TO BID AWARD / 133 NW 5`~ AVENUE ITEM BEFORE THE COMMISSION: An amendment to the original bid award of $519,138 from Hatcher Construction for renovations to 133 NW 5`h Avenue (originally approved at the January 2, 2007 meeting). Amendment shall add necessary changes to the original scope of work in the amount of $149,510.45, thereby increasing the CRA's contribution from $19,138 to a total of $168,648.45. BACKGROUND: At the January 2, 2007 meeting, Commission approved an agreement between the City, CRA and Hatcher Construction for the rehabilitation of 133 NW 5`h Avenue. Under this agreement, the City agreed to pay $500,000 in Hurricane Housing Recovery Program (HHRP) funds toward the project. The additional $19,138 was agreed to be paid by the CRA. Under the original agreement, the CRA had anticipated bidding out the exterior portion of this renovation as a separate project. However, due to time and budget constraints, it was determined that amending the original agreement to include exterior improvements would be more timely and cost effective. This amendment to the bid award shall add necessary changes to the original scope of work and allow for exterior improvements as follows: Change Order (directed by CRA) to existing agreement $30,423.60 Addition of exterior improvements $119,086.85 Total Amount: $149,510.45 The CRA's contribution to the project therefore increased from $19,138 to a total of $168,648.45. FUNDING SOURCE: CR.A RECOMMENDATION: Staff recommends approval of the amendment to the bid award for 133 NW 5`'' Avenue to increase the CRA contribution to $168,648.45. (Subject to CR.A Board approval at their September 20, 2007 meeting) Hatcher Gonst~ixtion ~ Development,Inc 400 West Atlantic Ave 2B I NAME ~ ADDRESS I City of Delray Beach/CRA 133 NW S Ave Delray BcacL, F43344 CHANCE ORDER DATE ESTIMATE ~ 6/6/2007 2136 I LOCATION OF WORK I 133 NW 51TI AVE DBLRAY BBACH, FL. 33444 P.O. NO. PROJECT DESCRIPTION COST TOTAL 041091+07 ADDITIONAL 1~TAL FRAI4ID+TG FOR STORAGE GLOSE'1=A/C 3,924.00 3,924.00 WSTALL DRYWALL & FINLSH INSTALL 9- BI-FOLD DOOR dt PALNT CR®iT FOR 4 DOORS ®921.00 -3,684.00 3,684.00 4ADDITIONAL WINDOWS 1,960.00 1,960.00 ADDITIONAL FRAMIIdG ON 14 WINIDOWS 2,800.40 2,800.00 04/3010'! ST[ICCO AROt11~ID NEW SMALLER WIIdDOWS (#E 14) 1,800.00 1,800.00 04~30V07 RELOCATE WATER ~ DRAIN LINES FOR NEW 4,820.00 4,820.00 03123J0'I RELOCATE WATER CLOSET AND VANITY WATER L1N6S (O10) 3,400.00 3,440A0 03/31107 ADDITIONAL CABINET FOR STORAGE iN LIVINC# ROOM {#9) 5,100.00 5,100.00 FASRiCATB AND INSTALL STEEL COLUMPiS 31x1 x 3 12 x 3/lb x 83" (10) 4,333.00 4,333.00 CHANGE EX7ERLOR DOORS TO 6 PANELS 900.00 900.00 OVffitHBAD 249E 5,070.64 5,07'0.60 ~°'`''°°~`'~°"r TOTAL x30,423.64 Phoyte ~ Faoc # E-ma8 (361)330.2621 (361)330.2670 j Community Development Division 1Q0 NW 1st Avenue, Delray Beach, FL 33444 Phone:5b1-243-7280 Fax: 561-243-7221 cdb$@mydelraybeach. com WORK WRITE-UP case #: 133 ext In-House Estimate Totai "'/~= x119,086.85 Total w/o CO: 1119.086.85 Pronertv Information: er: 133 NW 5th Avenue CRA CRA Delray Beach FL 33444- 133 NW 5th Avenue Staff Informafion: Delray Beach FL 33444- Phone: (561 X76-8640 Mobile: ( } - Milestones: Bid Information: Inspected: 0 Awarded: 0 Committed: 0 Awarded to: Proceed: 0 Amount: $ 0.00 Completed: 0 RESPEC Estimate Report Case: 133 ext Exterior {Main Structure I Single family,JRoof 1 General 1 1 0 X4,140.00 Decorative Shutters Install deoorafive Bahama shutters on type first fbor of west side of north and south buildings. 2 0080010001 5 ea 0 $600.00 install AIC Slab Pour new 4" concrete A/C slab to code.Remove all foams after concrete has set. Slab size to be 36" X 96" 3 1 0 ;11,640.00 Railings and Hand Raii Remove existing hand rails from stairs. Fabricate and inshatl new aluminum handrails to both sides of each set of stairs. install 42' railing to second floor walkways. All railing to be up to current codes. 4 1 0 $800.00 Remove Masonary Remove masonry walls from second floor walk ways and prepare to receive new railings. 5 1 0 ;200.00 Remove Satillite Dishes Remove alt satellite dishes on all buildings including all unnecessary wiring complete. 6 0040030002 528 SF 0 $4,488.00 Repair Stucco Remove damaged materials to solid surface, wet surface and stucco to match existing surface on all buildings. Two coat process shall be used. 7 0080010003 1 ea 0 6600.00 Repair Under Side of Walkway On the South East cornor of the building remove all damaged material and repair to the specifications noted in the engineers letter "attached". 8 0080010002 10 ]f 0 X332.50 Replace Walk From the back side of stairs to unit 3 remove and dispose of existing walk and replace with new to local code. s 1 ea o s~,5aa.oo Trim Add decorative trim per architect's drawings. 3 Electrical 10 o11ao4oool s EA 0 X3,300.00 Install Security Lights Install new security lights where needed around entire buliding to provide sufficient coverage to meet code. Lights will be on a photo cell "Dusk to Dawn". _La__ndscaping - 11 ~ 1 0 525,200.00 landscape and Irrigation Provide and install all necessary pipes and zone lines, sprinkler heads, back flow preventer, timer with rain sensor for a new irrigation system. All work to follow code, have proper inspections and meet irrigation design standards. System to be connected to city service Then grade, level front and side yards. Provide and install all plant material Printed on: 9l6/200711:'E4:21 AM Page:2 of 3 RESPEC Estimate Report Case: 133 ext per attached plan. Sod and water until turned over to owner. Roof Covering 12 0070010008 3921 SF 0 ;25,878.60 install 3-ply Built Up Roof Remove existing flat deck roof covering, Then install new save, drip edge and flashing. Prime deck and install 1/2 board. Hot mop 1 ply 751b. base and install all new stacks and vents. Then apply GAF Ruberoid Mop granular surfaced membrane. Install mof per manufacture specifications.hot mop 1 ply fiberglass and 1 ply modified rubber Side Walls 13 1 0 ;150.00 Idendentify Entry Doors Install letters or numbers on entry doors. 14 1 0 ;5,484. Install Archway and Railing Fabricate and instal( 36" aluminum railing and arch way at entrance to building (numbers "133" to be boated at cxest of arch). 15 0080020015 1 0 ;3,536.25 install Eence Install 6' board on board wood around dumpster, includes (2) T wood gates with metal framing 16 0100020001 6418 SF 0 619,895.80 Paint 3 Buildings Complete Pressure clean all exterior walls. Fill alt holes and voids. Prime walls with one (1) coat of Sherwin-Williams bond coat using thinner to manufacturer's instructions. Finish with two (2) coats of Sherwin-Williams acrylic masonry paint or equal. Wood worts prime wood with one (i) coat of Sherwin-Williams acrylic bonding primer or equal. Finish with two (2) coats of Sherwin-Williams acrylic exterior paint or equal. Inspections are required between applications. Colors to match Architect's painting schedule. 17 1 0 ;750.00 Replace Mailf~oxes Remove old Mailboxes and replace with new Mailboxes of same type complete. and identify corresponding units accordantly. 1 a 0020040015 1 a ;4,591.70 Top Coat Stairs and Walkways Top coat all walkways and stairs with skid resistance coating. Total for: Roof ;119,086.85 Tatai for: Exterior ;i 19,086.85 Job Total Cost: ;919,086.85 Printed on: 916/200711:14:21 AM Page:3 of 3 Page 1 of 1 Smith, Douglas From: Barton, Terrill Sent: Thursday, September 13, 2007 4:38 PM To: Smith, Douglas Subject: 133 NW 5th Avenue Attachments: Housing Initiatives Partnership Hurricane Housing Rental Rehab Program agt (3).doc Doug, The attached Amendment #1 has been reviewed and is legally sufficient. Thanks. TerriN C. Barton, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 9/13/2007 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY FOR STATE HOUSING INITIATIVES PARTNERSHIP HURRICANE HOUSING RENTAL REHABILITATION PROGRAM THIS AMENDMENT NO. 1 is made this day of , 2007, by and between HATCHER CONSTRUCTION AND DEVELOPMENT, INC. (hereinafter referred to as the "Contractor"), the COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Owner"), and the CITY OF DELRAY BEACH, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the City, Owner, and Hatcher mutually covenant and agree to amend and modify the Agreement entered into on November 9, 2006 in order to provide for exterior improvements to 133 N.W. 5th Avenue. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties hereby agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The third WHEREAS clause of the Agreement dated November 9, 2006, shall be amended as follows: WHEREAS, the Owner will pay Contractor'`r;,,o+oo~ -r,.,,..~.,.,a n„o u.,.,a..oa -ri,;..-•. ~;,.t,+ n„"^~~ re, o ' ~Q n°' One Hundred Sixty-Eight Thousand, Six Hundred Forty-Eight Dollars and Forty-Five Cents ($168,648.45). 3. Article 3, "Contract Price and Method of Payment" of the Agreement dated November 9, 2006, shall be amended as follows: ARTICLE 3 Contract Price and Method of Payment. The City shall pay Contractor the total sum of Five Hundred Thousand Dollars ($500,000.00) and Owner shall pay Contractor the sum of I~Fineteen T,, a n.,o u,,..a.o~. ~:,~~,+ r~„»,,..~ .b:.. .~.,.,.~... re, o i ~ Q nm One Hundred Sixty-Eight Thousand, Six Hundred Fort ~~Eight Dollars and Forty-Five Cents ($168,648.45). Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require signature of an authorized representative of Owner. However, the City shall not be stopped from distributing funds if the City determines the Owner has unreasonably failed to sign a payment request. 4. All other terms and conditions of the Agreement of November 9, 2006 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 2 Rita Ellis, Mayor (SEAL) STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2007, by Rita Ellis as Mayor of the City of Delray Beach, a Florida municipal corporation on behalf of the corporation. She is personally known to me or has produced (type of identification) as identification. ATTEST: Print Name: Notary Public -State of Florida DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) By: Print Name: Title: (SEAL) STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2007, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 3 ATTEST: Print Name: HATCHER CONSTRUCTION AND DEVELOPMENT, INC. By: Print Name: Title: (SEAL) STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 2007, by agent, title of officer or agent), of acknowledging), a as day of , _ (name of officer or (name of corporation (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 4 .i ~ ~ ~ r ,~ ~ ~®~im~rnity Development Di~'~. on 100 NW 1st Averue, Delray Beach, ILL 33444 Phone:561-243-7280 Fax:561-243-7221 cdbg@mydelraybeach.com RESPEC Work Write-up Case Number: 2007-12 BID TOTAL $: ~ ~ ~~~E ~~~ Property Information: 133 NW 5th Ave Delray Beach FL 33444- Owner: CRA 20 N Swinton Ave Delray Beach FL 33444- Phone: (561)276-8640 Mobile: (561)573-1507 BID OPENING DATE 12/04/2006 CONTRACTOR INFORMATION Name: ~~.~~.~ ~yar`S-~/' ~' ,~~:y~/a~, ~'-~ Address: ~OQ ~,aJ'~ ,~~/,~n ~~ ~ ~-Y~ ~~ Voice: a / ~ ~~/' ` /~f~'c~ G'~~lf Fax: sS6~ - ~ • ~? ~ Z j //**~~ ~~ email: ~~gy~CG~~. C~ A~Iv~; ~ : h~~f' Contractor Signature: (.,~v~l• , Date: ,~~ ~:S~o ~ By the above signature bidder hereby declares that he/she has carefully, and to there full satisfaction examined the attached instructions to Bidders, General Conditions, General Specifications, Detailed Specifications, and form of Contract and Bond, together with the accompanying work write-ups; and that the Bidder has made a full examination of the existing conditions at the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to prosecution and completion of the work, and that he/she will fully complete all necessary work and the requirements of the Community Development Division together with the City of Delray Beach within the time limit specified in this proposal for the above sum. Within the following time frame: We will start the job within L- days of notice to proceed and complete within 1223 calendar days thereafter. The bidder understands that the right is reserved by the property owner and the City of Delray Beach, Community Development Division to reject any and all bids. Printed on: 11/16/2006 4:44:29 PM Paae# 1 of 6 ' RESPEC,Contractor Bid Case` 2007-12 'age# 2 of 6 rinted on: 11 /16/2006 4:44:29 PM Exterior ~ Main Structure ~ Apartment ~ Windows 1 0060030001 68 NO 0 $ ,®~ ~ ®~ Install Impact Windows Install new correspondingly size single hung Hurricane Impact window in place of all existing windows. All bedroom windows to have one (1) egress sized Casement window. Bathroom windows shall have obscured glass. All interior and exterior wall repair to be included. Caulk as necessary. Note: Casernent Windows will not be installed on the front of Building. Faceing the street Side Walls 2 0040010004 1 0 ~ ~~. Zg'~ Enclose Side Doorway in Office Remove existing side door way in the Office Unit and enclose to be a solid wall to meet code, and finish to match exterior stucco pattern. Total for: Roof Total for: Exterior ~ ~~1 l ~~. ®~ EtEw~PEC Contractor Bid Cas` 2007-12 Page# 3 of 6 °rinted on: 11/16!2006 4:44:29 PM Interior ~ Main Structure ~ Interior ~ Interior 1 General 3 0020010002 30 ea 0 $ ~ ~ ~„~ Core Drill 8" holes for A/C Duct Core drill holes where needed to fit a/c vents where needed. 4 0020010001 10 NO 0 $ f ®~ C~.~ ~ Cut Out Door Way Cut out and remove (10) door ways where marked and remove spoils off site. 5 0010030001 120 LF 0 $ 3~~ ~~~ Install Base and Wall Cabinets and Countertop Provide and install All Wood "Craft Maid" (Oak ),"Thomasville", "American Woodcraft" or approved equal base and wall cabinetry. Install formica or Wilsonart laminated countertops, securely attached to cabinets. All work to be level, plumb, and true. Sea! all holes and openings where pipes, wires and other materials may come. through cabinets w±th removable material such as "Thumb Gum" to keep out any rodents. Also attach cabinets to walls. Caulk all seams where countertop meets walls. 6 0010090023 10 NO 0 $ s (9~~? ~ i Install By- Pass Doors Provide and install flusrisliding by-pass doors, complete with mounting hardware and brackets. Align doors to operate smoothly within frame. Finish all sides to owners preference. 7 0010090001 25 NO 0 $ gt6~° __ Install Interior Door Provide and install prefinished flush Juan mahogany 1-3/8" hollow core six panel door complete with privacy lockset ar~d doorstop. Include any repair to walls to bring to original condition. 8 0130050015 10 NO 0 $ ~ S ~~ Install Medicine Cabinet Remove old cabinet and replace with new unit with mirror. Cabinet shall be recessed with overall size 16" x 22" in bathroom 9 0010090002 14 NO 0 $ ~ ~ ~j o c~ install Prehun Exterior Door Remove and replace front, side and rear entrance doors. Provide and install factory hung I-3/4" raised paneUmetal clad/foam core door complete wish keyed lockset and trim both sides, dead bolt, vinyl bubble weatherstripping, and aluminum threshold. Front door windows light shall be less than 10% of door surface. Rear door to be Miami slider. Make all necessary wall repairs and finish systern to owner's preference. Install peephole in door. 10 0010010016 76 LF 0 $ ~~ Z ~ Install Stud Wall Build (3) stud wall from floor to ceiling with construction grade 2"x 4" 16" OC using top and bottom pIates.Where directed and close up kitchen expansion at hall way. Standard 3 stud corners shall be used and all openings shall be headed with framing material on edge. Cover both sides with 1/2" drywall and finish with 3 coat process. 11 0010010007 10 ea 0 $ /, ~}',sQ Install Towel Bars Provide and install towel bars in all bath rooms on wall opposite side of toilet. 12 58 0 Install Window Co~rerings Install faux wood horizontal blinds coverings on all window openings excluding bathroom windows. $ /i ~ Z.~ ~°- 2 Plumbing RESPEC, Contractor Bid CasE 2007-12 ~age# 4 of s rinted on: 11/16!2006 4:44:29 PM 13 ~ 0120040001 10 EA 0 $ ,~~ ~ ,~~;~ ~" Install A/C System&Plentum Install central A/C and Heating system with air handler inside closet and compressor on roof. Install plentum and add vents to all rooms Submit manufacturer's cut sheet for proposed equipment to program at least 5 working days prior to installation. Approximate cooling area 1000 SF. 14 0130040001 10 NO 0 $ ~ ~~~~ ~~ Install Faucets Install new washerless single lever faucets to code include new anti-scald shower heads. This includes all plumbing needed to ensure proper function. CRA has input on style. 15 0130040011 9 NO ~ 0 $~~~1' `~1.~ Install Kitchen Sink Install new stainless steel double bowl sink with faucet assembly, trap, shut off valve, basket, and caulk seal at countertop.in all units except office. 16 0130060001 10 NO 0 $ ~ ? ~o ~ Install Tankless Hot Water Heater Remove and dispose of old water heater and install tankless water heaters in all units this includes all plumbing and wiring necessary to complete the change out. 17 0130010001 45 LF 0 $ ~i'~ /d ~ _. _ Install Water Lines Install and secure copper water lines and shut off valves for two washers in office unit. Locations to be where kitchen was formerly located (see drawing). 18 0130040020 10 NO 0 $~ ~~ Realace Shower Pan Tear out the floor and walls and old pan, supply and install new drain assembly. Replace existing pan with vinyl or rubber pan and mud in to recieve tile. 19 0130040024 10 NO 0 $~ ~ ~~ Replace Toilet Remove and dispose of old toilet; Install new toilet to code as per Performance Manual guidelines.(Manfield, Artisian,Kohler or approved equal) 20 0130040008 10 NO 0 $ ~ ~~ ~. ~ Replace Vanity w/Sink Remove old vanity w/sink and replace with new wood vanity to code. Install new vanity w/sink to code complete. (CRA is to have a choice in style and color) Include trap, faucets, shut off valve, pop-up drain and all necessary plumbing, caulk, etc. 3 Electrical 21 0110040004 22 N O 0 $ ~ ~~- ~ Install Ceiling Fan Install ceiling mounted fan with light kit in all bedrooms,and living rooms. 22 0110040004 10 NO 0 $ ~ ~~~ Install Exhaust Fan Install ceiling mounted exhaust fan, Nutone or approved equal. Duct fan to exterior. Fan shall move. 80 cfm. 23 0110040001 28 EA 0 $ ~~ ~ Install Interior Light Fixture Install new interior light fixture,in all kitchens and bath rooms. Kitchen is to recieve 2 bulb fixtures and bath room is to recieve 4 bulb light bar. Living room in 1 bed rooms is to recieve extra light fixture. RESPEC~Contractor Bid Case` 2007-12 age# 5 of 6 rioted on: 11/16/2006 4:44:29 PM 24 0110030008 10 PER F 0 ~ r~. ~. e~`' Rewire All Apartments Remove and dispose of all illegal and defective wiring and boxes. Replace with new wiring, switches, outlets and boxes to code. Laundry room to recieve (2) dryer outlets "see drawing". 25 0110040011 42 EA 0 ~ ~ 7~~ Smoke Detectors Insall ceiling monuted direct wire smoke detectors. Units to have push test button 120v, 60hz photo electric alarm. Location in each bedroom and hallway and kitchen. All units are to connected to same circuit. 26 0110010006 10 Each 0 ~ ~•S, a~ a Upgrade Electric to (150) Amp Service Disconnect existing service. Install new (150) amp 3 wire service complete with breaker type panel box with all circuits labeled and balanced. Square D, Cutler-Hammer, Westinghouse or equal. Upgrade to meet NEC. 4 Appliances 27 9 ea 0 ~ f' ;7 fs ~ Electric Range 30" Properly dispose of old stove. Provide and install a new Whirlpool Model #RAFFIA range or approved equal. Include range hood matching range quality. Make new all electric connections and ducking. Provide owner with all warranties and guarantees. 28 0120010001 4 NO 0 ~ 6f ®~s ~ Install Commerical Washers and Dryres Install two " 2" new commerical washer's and two " 2" dryers in office "see drawing" this includes proper venting and hook up of all parts associated with operation of washer/dryer.This includes Pedistals for all Units. Washers to be LG front load washing machine (mod. # WM2277HW) Dryers to be LG electric front loading dryers (mod. # DLE5977W) Refricterator-18cf Frost Free Properly dispose of old refrigerator. Provide and install a Frigidaire Model #FRIMRT18NRE refrigerator or equal. Install to a level position with duplex receptacle no more than one (1) foot from unit. Provide owner with all warranties and guarantees. Ceiling! Walls 30 0090020001 9700 SF 0 ~ ~ y® ~ Appty Knock Down Thru out Apply knock down finish thru out all areas of interior spaces in all units 31 0060010005 9700 S. F. 0 $ / ~{ 3 d c~s Fiberglass Insulation R-11 Batt Insulation shall be installed with vapor barrier facing conditioned area; insulation shall completely fill area between joists or studs and shall be secured with appropriate mechanical fasteners. Material shall meet ASTM C665-86 or as subsequently amended. 32 0090010001 9700 S F 0 ~ ~ a ~ ~ a Install Drywall Thru out Buildings Provide and install 1/2" gypsum board with 1" furring strips. Finish with three coat process. Tape all joints and use outside corner bead on all corners. 33 0100010018 9700 SF 0 ~ /6, +~~ Drnnarn Wallc and Paint Rnnm C_mm~lntn RESPEC• Contractor Bid Case` 2007-12 'age# 6 of 6 rinted on: 11/16/2006 4:44:29 PM Prepare and patch walls, ceiling, windows, doors and all trim for painting. (1) coat of primer 123 or equal and (2) coats of Sherman Williams Interior Simi Gloss. Color to be selected by CRA. entire room to a uniform consistency with a minimum of two coats of paint in accordance with manufacturer's recommendations. Completed walls to be smooth and free of defects. 34 0090040003 306 SF 0 ~ ~ ~ ~ ~ Replace Ceramic Shower Tiles Remove all ceramic the and repair surface underneath smooth; install new 4" x 4" ceramic the to a height of (7) feet set in light colored mastic and grouted, include bullnose and b" x 6" cove base trim. Style and color to be chosen by CRA. Floor 35 0030010005 1750 LF 0 ~ /,~, ~m ~ Install Wood Base Trim Install prefinished 2 1/4" wood base trim where floor meets wall, color to match existing or per owners input. 36 0030010013 7750 SF 0 ~ 3S, a~~ Install Ceramic Tile Provide and install standard brand floor quality 18" ceramic tle as per manufacturer's recommendations. Include 6" x 6" cove base trim. Total for: Interior -~.~~.. Total for: Interior ~~' ~-. Job Total Cost: oO' ~ ~;~ ~~ t Agenda Item No.: AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda _X_ Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: September 14, 2007 When: September 18, 2007 An amendment to the original bid award of $519,138 from Hatcher Construction for renovations to 133 NW 5`'' Avenue (originally approved at the January 2, 2007 meeting). Amendment shall add necessary changes to the original scope of work in the amount of $149,510.45, thereby increasing the CRA's contribution from $19,138 to a total of $168,648.45. RECOMMENDATION Staff recommends approval of the amendment to the bid award for 133 NW 5`'' Avenue to increase the CRA contribution to $168,648.45. (Subject to CR.A Board approval at their September 20, 2007 meeting) !'~ Department Head Signature: '' -~ "`~'"~~ City Attorney Review/Recomm ndatio (if a~ Budget Director Review (required on all items Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: Ciry Manager Review: Approved for Agenda: Hold Until: expenditure of funds): (if applicable) ~,~ Agenda Coordinator Review: Received: Placed on Agenda: Joseph L. Schroeder Chief of Police Del ray Beach DFLR4Y Rf4CH P~hlice Department All•A~' ~( 306 West Atlantic Avenue Delray Beach. Florida 33444-3695 I (561) 243-7888 Fax (561) 243-7816 21N).1 ' ~~"' _VH! I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SHARON L.'HIuRRO[,,I~.,:.~^D'~11NIS~CRA"11~'E OFFICE TE{ROI `GIi: CI"I•l' MANACGE:R ~~'~l/ I DATE: September 11.2007 1 SUBJEC' I : AGENDA ITEM # ~,~ - REGI?LAR MEETING OF SENTF.MBF,R E$ 2007 EXTENTION OF MOTOROLA AGRF.F.MENT ITEM BEFORE COMMISSION The Delra}• E3each Police Department (DI3PU) requests approY al for the extension to the maintenance and support agreement (S.A 02292-000) tiith ~~iotorola for the Premier MDC product. The annual east ~tiill he ~fi-1.-1.1~. pilled quarterly. This agreement supports the Police Department's tield computer applications. Included in the agreement are the Premier Message sY~itch software, the Premier :~iDC client licenses, the [~alk l hru sottYtiare and licenses, and the C:1D interface. T'he agreement is for the "Gold~~ plan which minimises doY~"n time. BACKGROUND The original agreement was appro~ ed at the 08.'08!0 ~ Commission meeting, and this request is for the annual extension of that agreement. It should be noted that the City is in the process of transitioning out of this agreement and switching to Sungard HTE: (appro~"ed at the IO%17'06 Commission meeting). "I~herefore the agreement 'V~ith ~~iotorola has been moditied to allow for termination at am' point Hith 30 day ~s notice. FUNDING SOURCE Funding has been requested in the Fly' '07-08 budget in account #001-2111-~21-46.90. RECOMMENDATION The Police Department recommends approY~al. .Set-vt-tg x~ith f'RJ.!).E:'. f'rofe.csir~ncrlism, Respect, Integrrh~, Uivet•sity attd Excellence ~' MOTOROLA July 3, 2007 Tina Lur>sford `~ DeMdY Beach (HTE} 300 W. Atlantic Ave. Delray Beach, FL 33444 RE: bd~rrsion 1Do Mairrftienarrce and Support Agnenierrt SA 02282-000 Nroduc!~ Pr~emisr fNfJC"" Dear Ms. Lansford, By means of ttlk , Motarda, inc. hereby eactends Delray Beach mainbena~nce and support agreemerri as referenved above. Enclosed are tvw {2} of the Exhibit A Descriptia~ of Covered Products, ExMbit B Support P{an, Exhtb~' C Support Plan Options and Pricing Worksheet and ExhibO D Billable Rates for the period October 1, 2007, through Septereber 30, 2008. Pursuartrt do Section 3.2 of the original agreement as referenced above, aH terms and conditions shah remaRt in fell fake and effect. Please indicate acceptance ofi this extension by signing the acoeptanoe bkxlc bekrw and rrturn ors oopt- to my attentbn at Mo~torol~a, inc. at 1250 North Tustin Avenue, Anahoan, California 82807 or fax it to my attention at 714237-0050 an or before October 1, 2007. Fa~rre to return ties fuAy executed letter on a before October 1,2007 w8 result in a lapse in marx;e. afiich wiM be subject to a 10% recettific~don and rebnplemei~ion fee. Note: Tht's cvrrtract mar be c~aioelled wiflr 30-bays vrritt~en nvtioe to Moto-ala, inc. H you have any questions or need fiulher clarfficatiort, please_contad me direc~ly at {714} 238-2078 or e- mail Sincerely. ~id Ciw Brzabeth Collins speaal'ist c«itracts Adminislra~tor Motorola, inc. br: llwTOlior~a, lNC. signed by: Title:Drrector, Support Operations Date: T_„~er 11.2007 ~-+r t~ TiOe: Dube: Mot~oeela, inc., Public Safeq- ApplfcKions 125p N. Tustin Ave, Ar~eirtl, CA 917 MAMTEN/4t0CE AND SUPPORT ANf NO. Ot122li~~600 CAlSTONER: Cliyo/D~NrsfrBw~clr The fdlowing table fiats the Prvduds under ~e coverage: Premier Message Switch So4tvrere 1500 Server Level 1 Premier MDCTM Mobr7e C Lioerrees (101 500 units) 188" Ta~cThrulRF Server SoRwar+a 1 TaflcThtuiRF Mobile Client Sofiwane 188' Premier MDCTM !n-horse Cient Saflw~re 71"' CAD Int~aCe Mo~broia API only 1 ` An add'i6"onaf (7) diems were q,rdra~ed_ "An addf6onal (1) client was prrrcFrased. Y1CRA - FahidF A 7 rwr A F t1R MAEITENANCE AMD St1PPi~RT A+GREEMEMT NO. SA 0@~t-000 Exhibit B SUPPORT PLAN This Support Plan is a Siatenret+t of Work Drat provides a description d the sport to be performed. 1. ~y Provided. The Services pr+ovkied are based on the Severity Levels as defined herein, Each Severity Level defines the actions that wiN bs taken by SeNer for Response Time. Bec~se of the urgency involved. Seller wE make every reasonable effort th provide a temporary or work around sokfion. When a permanent solution is developed and certified ihroough test~g, fi wi be incorporated ~ to the applicable Supplernentas and or Standard Release. 1 otal System FaikRe - ocwrs when the System b not fur~ctfaning elephorue conference there is no workaround; such as a Central Server is down or 1 hour of initial voice the wrorkflow of an entire agenCjr ~ not fiux~ionirrg. ' level Ls meant to represent a major issue that results in an System, Subsystem. Product„ or Criicel features. No around or immediate sokrtionr is ava~able. 2 Failure -Critical process fai'Iure occurs when a crud elspiiorie c~rrference ent in the System that does not proFibit oortirxrance of basic 3 Standard Business is not fixxibionirig and there is usualy no suitable work of ~~ voice curd. Moth that ties may rat be applicable th intermittent s. ' level is meant to represent a moderate issue that Limits a er's normal use of the System, Subsystem. Product or nor-c~cal fem. 3 FaBure -Non-Criticaf part ~ componerrt fa~ure M~one corrfer~erx~e rs when a System component is no# functioning, but the 6 Standard Business ystem is st~l useable for its intended pr,ir<~ose, or there is a of initial notification amble vrorkar~ound. ' level is meant to represent a minor issue that does rat use of the System, Subsystem, Product, or l 4 noonverienoe - An ' ocxixs when System causes a eMphone oonfen+enoe ~sruption in the way tasks are perforned but does not stop 2 StandaM Business of initial nobfica~ion " level is meant th repr+esent very minor issues, such as alit issues, tbcurnentaticm errors, general usage Questions, nd oduct a S 5 stomter reQuest for an enharx;emerrt bo System ftmctior~fiy is fried by Baler's responsibility d Sellers Prodrx~ Mar~agemerrt. Management. his level is meant to represent recormrnendatior>s for product nhanoemerrts or modor~s. 1.1 Fieoorting~ P0. Cusbortter shah an infiiral Severity Level fvr each error reported, either verbaNy ar in writing, based upon the delinRions rrsted above. 6ec~se of the urgerwtir irnrohned, Severity Lave! 1 or 2 problems must be reported verbaly th the Baler's cal inoom~g c~rrter. Seller wil notify the Customer if Setter makes any oranges in Severity Level (up or dawn) of any Customer-reported P- 1.2 Seller Response. Suer wi use best efforts to provide Customer with a r~eso!ltdion for Severity 1 and Severity 2 issues within a reasonable time and in aocordarice with the assigned Severity Level when Customer Mows timely access b the System and Seler diagnostics indicate that a Residual F~rvr is present (m the SaFtvrane. Should Customer report an error that Seger reproduce. Seller may M6.gIl - E~dfiit 8 2 var. S.5.A6 enable a detail error ~+~9gb9 Proves to matibor the System. 5 Se~e+r is astable to correct ate reported Residual Error within a reasonable time, Seger wiN escalate i(s procedure and assign such personnel or designee tD correct such Residual Error prompay. Should Seger, in its sole discretion, determine that such Residual Error is no# present in i~ Re>sase, Self wry verify: {a) the SoR+aare operates in conformity to the system specifrcatior-s, {a) ttte So~ftvvane is being used in a manner for whid't it was intended or designed, and (cj the Software is treed only with apprcnred tuirdw~e or software. 1.3 Error Comecfiort Siabrs ReoorL Seger wi provide verbal sbtus reports on Severity Level 1 and 2 Residua! Errors. Written status reports on outsbndlrtg Residual Errors wgl be provided bo System Administrator on a mongtty basis. 2. 21 Customer is resporssble for rtrnrrirrg any instated anti-virus software. 22 ~i svatem l`(]5") Unless othe~rvrise sNated herein, is respons~le for any OS upgrades fi4 its System. Befarrr installing arty OS upgrade. Customer should cvrtbct Seger to very that a given (JS upgrade is appropriate. 3. ~r Resoonsibilhv. 3.1 Arrii-virus software. At Cusbon~s request, Seger wig make every reasonable effort io test and verify spec~lic anG-vkus, arrt-worm, or ~ ped~es against a reprrcaton of Cusborrrex`s appiics~ion. SeNe- w~l respond to any reported Problem as art escaiaba<f sport cad. 32 Nobs" rcaG'orts. suer shad prrsviae acxess to (a} Field clrartges; roj custorrrer Alert Btrgetins; and (c) ltar~dMrare and firmware updates, as released and ~ ~pficable. 3.3 Account Rsviews..cre#er shah provide annual acvount reviews to incitrde (a) service hisbry of site: (b) downtime analysis; and (c) service trend analysis. 3.4 Remote bstaNablon. At Customer's request, Suer wi prwicfe remote imsiaMation advice or arsaistance for Updates. 3.5 ire Release Comte At Customer's regcrest, Seller wry prwirfe: (a) cement kst of compatible hardware operafing §y~~ ~ if aPP and (b) a list of Seller's Sofirvare Supplemenlad a standard Releases 3.8 OnSite Correction. Unless othervviss ebbed her~eirt, a1 suspected Residual Errors w~ be investigated and corrected from Bailer's fapTities. Seger sl>aM decide v~rhether on-zsite vvrr+ediort d any Residual Error is required arxi wig talcs appropriate actbn. 4. Q~siort Swoon Svstc~n t D6S"1 Products. {AppJfea to A~fofrx+ofa's PremlierCAD SoRware or>~. The CAD DSS product$ are supported on a constdtagve tsasfis ordy with arm aor~tatian hours not to eocceed eight (8) hours. Any additional cortstrltation shad be invoiced on a time and material basis at SeAer's then current rates for professional services. 5. Comdianve bD Local. County. State and/or Federal Mandated . (Appllies fio SaRware avxf trrteAac~e~s b biroae Ptoduds) Unless otherwise stated herein, corrtpliartce to local, county. state and/or federapy mandated dtanges, including but not gmited b IBR, UGR, ECARS, NCIC and state interfaces are not part of the eavered Services. ~A3SA - E~dibR 8 3 vim: 9.5,.06 6. Atx~ual System Rerf~xmarraa Review and R,gQgY. Seber wiN prepare the mowing r+eparls ro irx:kxie: f3.1 (I{pplles to f'~'emiesCAD SotTwa-e oNy) {a) System Analysis MEASUF~: Evahmre disk and CPU bad PEEK Evatumte memory av~lab~ily and use VfEWSYS: Evahiare use and a'te' of PCBs EMSAfiMDS: Review bgs for haRMrare reports Fr7e Sizing Review file siding on c#rangeable files (b) Pathway Analysis Ewdiuare effecfivene~ss of system c;onfiguratbn for cxxrerrt bad Evaluate TCP/Server sladsties Evakiate effiaency of server cuss maodmum and mir~imutr {c) Performance TMX Timings: Ewaluate appication response times 62 (Applies to Mot+or+ora~ C.ompu[er Aided Disioafdr Soltwar<e ~tstatNed orz Strains 1tServer' orb Update Equilxnerrt drivers Upbad Equigner~ perches. hot fixes and firmware Evaluate effectiverre~ of System oorrfiiguration for cx~rrent bad based upon overafi CPU Ub7f¢ation 6.3 Based on the Anrnral System Performarroe Review and Reports, Semi`s Technical Support Analyst wr11 review findings and reeanrnend saftvvare cx hardware changes to improve overafi ope~ratbrrs. (The below lisped i+errrrs are apivlx~bie 4~Y when the l~tenarrce and Support A,greemenf inraktd~es (a) EcWfprnerrt which is shown on the Desp~at~ivri of Covered Praiuds, lart~it A to the Maini~enarxae and Sup)pa t Agreemerjt; or (b) CAD HP Nonstop S-Series i~ardware h- adc~ion to the SeAer CAD SaRware. j 7. On site Product Tedur~ Suooort ;does. Seiler shall iturtish labor and parts required due ro- normal wear to restore the Equipment to good operating vorttfitbrt. 7.1 SeNer Resoonse_ SeNer wi! provide telephone and on~ire response to Centel Site, defined as the Customer's primary data processing facr7ity, and Remote Site, defined as arty efts outs~e the Central Site, as shown in Support Plan Options and Pricing Worksheet. 72 At Cusbmer's request, Seger shaft provide cxmtinuous effort ra roepair a reported problem bey~orxi fire PPM. Provided Ccrstonter gives Seller access to the Equaprner~t before the end of the PPM, Seiler shaft extend a two (2) hour grace perbd beyond PPM at no charge. Fvibwirrg this grace period. arty addition on-site labor support str•~ be inwic~+d on a tkrie and material frosts at Sefiers then cxNreni rates fa Prvfessbn~ services. Md~SA - E~dib~ B 4 vet. 9.5.A8 7.3 CAD HP Nonstop S-Sa~ies Servee Plans 7.3.7 The toNo~wing HP elec6~onic support tools are avaiable: A proactive emai notifir~G'on of new softwrare Scout far Nonstop Servers Once registered, users have the ability to perform interim product moon (~'lui) analysis on t~bnStop Kemal systems and to dorrr~oad IPMs Totai triformalion Manager (TIM} A CD coiecbort of support documerKalion shipped with the initial system. Knowledgebase for Nonstop Support Once registered, users have access to a poyw®rful (Kt3NS) search tod offering quick and easy access fa answerer tai uestions. 7.3.2 HP NonSbp SSeries Service Plate Corrtkxious The PPM is 24 hours a day, 7 days a week. On-site response time is Avaiabiity within iwo (2} hours. Inckxles on~site coverage for rrationai holidays. High Avaiabiity The PPM ~ 24 hovers a day, 7 days a w~c. On-si~ response time is within four (4) hours. on-s~e coverage for rradort~ hoidays. Enhanced Avaiabiity The PPM is 8 a.m. - 5 p.m. Morxi'ay-Friday, exdudmg natior~af holidays. Onsite response time is next business day. 7.4 Under sit CAD HP N~Stop Series handwware service plans, coverage wi! inckide: • Perform corredive or scheduled preventive service during the PPM spec:iffied in the Plan. • tAg ap service requests and tarnish telephone andJor on-line d'oignostic servicx~s from the SeMet's cafl irrtafce venter or the HP Nonstop Support Center (CTNSC} 24 tw«xs per day, 7 days per week. • Famish aN labor, parts, marts, and an-site service d~ the PPM as nary tv ensue HP Nonstop Series hardware is operating in acxoncMance with appi"rcable p~Crsheci sPecbtications. Replacement parts veil be new or equivalent of new in performance. Replaced parts w~ beoorne the property of HP. • instaN any mandatory Fisk! Change Order(s) required for lfrte safety or proper operation of maintained HP Nonstop Series t~urdwane. • Assign an HP Customer Engineer and an aRernabe who veil be nesporssble fcx providing service. • Provide on an anrwal basis (i) equ~xner4 Rtventory of mainrtained HP Nonstop Series hardware; and (w} planning meeting to discuss the current Service Plans and Customer's futue ~- t~A6SA - E~bit B 5 var. 9.5..08 Exnii~it c suPPORT PLAN oirrto~is asD PRK~NG wowcsi•iEET ~ ana support Agrevnrent # oozzo2rooa lie seorrnaer ~~, ~ Rev.7 New Tamr EffeaffMt Start October 1, 200'! 6rd September 31, 20®8 Address {1 }: 100 NW 9'r Avenue Address {9 ~ AOn: Aa7ourrCs Payable Address (2j: Address {2x 900 NW 1'~ Avenue CRY, STATE, ZIP CODE: Delray l3eadb FL 33444 CRY. STATE, ZP CODE: Delray t3each, FL 33444 CONTACT NAME: Thra L.rrnslord CONTACT NAME: CONTACT TIRE CONTACT TRLE TELEPIiDI~E: (561 JQ43-7833 'TH.EPFiC1NIE: FAX FAX For support on prvducls below, please contact Ctrslarrer Support at {800) 3139949 (Option 2 - D~ ~a Tecirrical Support A Option 6 -Public Safei)r Appffc~iorw). ^ PoemierCADr° ^ ~~ Cam{xrter Aided [2spa~- ^ C}1D ttP NorrSlopTMSer6es hercMrare O tiMS Nrfolralc~ D Olferrderbiak'~ D '" ^ NeIRkIS D CRRS - Predecessor to Nelf~ ^ Cnriser- FtiR Repiac+ement ^ (:uslonrer service Request syslwn ^ C~ Ma~nerrl system ^ License Pertnifhn8 ^ Enlreneements to Products ^ ca,stom sofhrare [] Integrafon Frarrrework ® Plrenrier MDCTM ^ TrdAeaeengerTM ^ AirMot>ife'"' „~Q~,n9~1M1ARE $UP"PORT ~ ®® GOLD / GOLDtrak ; J • 24 hours a clad , 7 days a week PPM • SrQpterrrental Releases • Standsd Rdceses • Teohrtical Support Services Ndta: Thi: c~orrtnOCt tray Iw cancelled with s0-cia~s written OOtipe tO ~tC.. MOTgROLA sOF7wARE SIlPP'ORT TOTAL. = 6~1 ^ Users ConFerenoe Attendarroe Year (12.660 perAtlerrdee) • ~ lee • Rorndlrfp travel for event (booked by Molorda) • Hotel (booked by Molorda) • Rental car (booked by Moior+ota) • Daly meal afloYrarroe (deterrrired by Moiaola guidelines) ^ ca~suNing services - 8 Hour (pks trawsl fees) ^ other: Number Aisendeee Requested i W/1 s wA s OTFER OPTIONS TOTAL i WA FULL TERM FEE GR1tND TQT14L.* i , `Ee droo~s+/~pplcabls QUARTERLY MAN~AL-I~IANCE TOTAL* x$114• ~, MESA - Erdirbit C 6 ver. 9.5.06 6du"bit D CI~RENT BILLABLE RATES AfBD SUPPORT AGREEliAElfT NO. 002282x600 .CUSTOMER: City of Ddsay lseacir The foNovvirtg are Motonuta's c~rrertt bitable rates, subject to aun annual c~tange: The folbwing rates apply to Cuabomers vrith a current, active Mare and Support Agreement Billable rates aDOly to services wnvided outside of the PPM. ~ 8 a.m.-6 p.m. M-F [brat time) ~ ;186 per hour. 2 hours minimise ~ ~ After 5 p.m., Saturday, Surxhav, Motorola HoBdavs 5279 Der hour. 2 ours minimum -~ Tire fiollvwir~ rates apply to Customers wrti~out a cumarrt, active Maintenance and Support IMd~SA - 6debit Q 7 vex. 9.5.08 Noce: Above rates re6ect labor rate only_ Additional fees fiar or--site travc:i expenses, third PAY and/or ma~iats vril be quoted at the time ofi customer request #or services. Date: e 12.'07 AGENDA ITEM NUMBER: ~' "l p ~~:. AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda _ Workshop Agenda ____ Special Agenda When: September 18, 2007 Description of agenda item (who, what, where, how much): The Delray Beach Police Department (DBPD) requests approval for the extension to the maintenance and support agreement (SA C2292-OCC) with Motorola for the Premier MDC product. The annual cost will be $64,445, billed quarterly. This agreement supports the Police Department's field computer applications. Included in the agreement are the Premier Message switch software the Premier MDC client licenses the TalkThru software and licenses, and the CAD interface. The agreement is for the "Gold" plan which minimizes down time. Department Head ~ Signature: ~ ~ ~~/ Z~0 7 City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Y / No Initials: L'~ Account Number(s): 1-? 111-521-4b.90 Description: Motorola Maintenance & Su ort A reement ~,~ ~ 6 7~a Account Balance: ~ / ,/vl~ ,~t./-ei1~?it•~Gy~/t5y~~~ r Funding Alternatives: N/A (if applicable) / City Manager Review: Approved for Agend . es / No Initials: Hold Until: Agenda Coordinator Review: Received: CITM OF DELRA4~ BEACH DELRAY BEACH F~ o a ~ o _. ._ __ - -~ ! rs ~.11 ~ I r , F 44=~ ~~' ; ~?43-i'C~iU All-America City 1 MEMORANDUM 1993 2001 TO: Mayor and City Commissioners FROM: Joe Weldo irector of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 11, 2007 SUBJECT: AGENDA ITEM # ,~- COMMISSION MEETING OF SEPTEMBER 18, 2007 APPROVE AGREEMENTS WITH PALM BEACH COUNTY PUBLIC LANDS GRANT FOR ORCHARD VIEW PARK & LEON WEEKES ENVIRONMENTAL PRESERVE ITEM BEFORE COMMISSION Request approval of agreement for a $5,100 reimbursable grant from the Palm Beach County 2007 Public Lands Grant Program for Orchard View Park Air Potato removal and an agreement for a $5,000 reimbursable grant from the Palm Beach County 2007 Public Lands Grant Program for eradication of prohibited invasive non-native vegetation at Leon Weekes Preserve. BACKGROUND City Attorney Susan Ruby has read both agreements and approved as to legal sufficiency. FUNDING SOURCE Not applicable. RECOMMENDATION Approve both agreements, Mayor to sign both agreements and forward both agreements to Palm Beach County for full execution. Ref:agendamemo ,, rah. ~ (.:T E.V'v'fia,1'~ ~1~~~~1~~~':=J Page 1 of 1 Weldon, Joseph From: Ruby, Susan Sent: Monday, September 10, 2007 1:35 PM To: Weldon, Joseph Subject: Orchard view and Leon Weeks grant agreements The above grant agreement s are acceptable as to legal sufficiency and form. Susan .~1. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us 9/10/2007 ~~~~ C July 17, 2007 ~'' ~G2 Mr. Tim Simmons, Park Superintendent ,yY ~ City of Delray Beach 100 N.W. 1st Avenue ' ~ ~ ' Delray Beach, FL 33444 ~LORI~4+ RE: 2007 PUBLIC LANDS GRANT PROGRAM - INTERLOCAL AGREEMENT Dear Mr. Simmons: Department of Environmental Resources Management The Palm Beach County Department of Environmental Resources Management (ERM) is 2300 North Jog Road, 4th Floor pleased to announce that on July 10, 2007, the Board of County Commissioners approved the Orchard View Park Air Potato Removal project for the 2007 Public Lands Grant Program. Nest Palm Beach, FL 33411-2743 (561) 233-2400 Please find enclosed an interlocal agreement for the subject project. The interlocal FAX: (5b1) 233-2414 agreement is to be completed and signed by the appropriate agency governing council or www.co.palm-beach.fl.uslerm official(s). The interlocal agreement is effective upon execution by Palm Beach County. The termination date is August 31, 2008. The following items must be completed on both interlocal agreements: ~ ~ 1. Official's signature and date 2. Attest signature and date 3. Attorney signature __ _ __ Palm Beach County Board of County The following items must be returned to ERM by September 10, 2007: commissioners ~ 1. Two signed and dated interlocal agreements. Please do not date the front page of the agreement. Addle L. Greene, Chairperson 2. A Statement or Certificate of Insurance as required in Article 4 of the agreement. The Jeff Koons, Vice Chair Certificate must show appropriate coverage as stated in Article 4 for General Liability, Automobile Liability. and Workers Comp. Ifself-insured, a statement or certificate stating Karen T. Marcus such shall be required for the three required insurance types. Palm Beach County Dept. of Environmental Resources Management must be listed as the Certificate Holder. Warren H. Newell Please ensure that the Certificate of Insurance expiration date covers the grant period. Mary McGarry Once both interlocal agreements, along with the Statement or Certificate of Insurance have Burt Aaronson been returned to and accepted by Palm Beach County, a fully executed copy will be mailed to your agency and you may begin the project. Funds spent prior to the County's Jess R. santarnaria execution date or after the termination date will not be eligible for reimbursement or count towards matching funds. The following items will be required at the end of the grant period: 1. A brief 1 to 2 page final project report. County Administrator 2. Completed Payment (reimbursement) Request (Exhibit B). 3. Detailed listing of expenditures from your accounting system supporting your request. Robert Weisman 4. Documentation showing how in-kind contributions were calculated. 5. A copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Should you have any questions, please contact me or Matthew King at 233-2421. Sincerely, I ~ W ~. Richard E. Walesky, Director Environmental Resources Management ;4n Equa! Opportunity REW :m k Affirmative.4ction Employer" Enclosures (2) printed on recycled paper INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH, FLORIDA DISTRICT 4 This Interlocal Agreement (hereinafter "Agreement") is made the day of , 200_, between the City of Dekay Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "Count}'), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, - economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1-PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 -PAYMENTS TO GRANTEE/REIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,100.00, provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of $5,100.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 2300 North Jog Road, 4`~ Floor, West Palm Beach, FL 33411-2743, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for fmal approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 -AVAILABILITY OF FUND5: The obligations of the, County under this Agreement aze subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 -INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immurrity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set.forth by the legislature. B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Page 3 D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 2300 North Jog Road, 4a' Floor, West Palm Beach, FL 33411-2743. E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ARTICLE 5 -INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, may or could sustain as a result of or emanating __ __ out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section ?68.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTYIPERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 -EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 -GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified timeframe will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 -ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 -PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 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). ARTICLE 11 - EFFECTNE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until August 31, 2008, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not azbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 -NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 2300 North Jog Road, 4s' Floor West Palm Beach, FL 33411-2'743 (561)233-2400 Fax: (561)233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Tim Simmons, Pazk Superintendent City of Dekay Beach 100 NW 1~` Avenue Delray Beach, FL 33444 (561) 243-7258 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all. applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. __ __ ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 17 -ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 -COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25, 2003. IN WITNESS WHEREOF, the Board of County Commissioners of Pahn Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF DELRAY BEACH, FLORIDA, BY ITS COMMISSION By: Rita Ellis, Mayor Date PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS By: Richard E. Walesky, Director Date Environmental Resources Management ATTEST: By: Chevelle D. Nebin, City Clerk Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Susan A. Ruby, City Attorney Page 8 EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R - DATE OF REQUEST: AMOUNT REQUESTED:S PERFORMANCE PERIOD: MATCHING REQUIItED:$ GRANT EXPENDITURES SUMMARY SECTION Effective Date of Grant t hrow End-ot-chant renoa~ CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST MATCHING FUNDS Salaries _ _ $ _ _$ Fringe Benefits Subcontracting: $ $ Planning $ $ Design Removal related Costs $ $ $ $ Supplies/Other Expenses Public Information /Outreach $ $ $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were chazged to and utilized only for the above cited grant activities. Grantee's Grant Manages Signature Print Name Telephone Number Telephone Number Grantee's Fiscal Agent Print Name Exhibit B, Page 1 of 1 , ~ Exhibit A ~~~~~~o PALM BEACH COUNTY ;~ ~. ~~ PUBLIC LANDS GRANT PROGRAM 2007-2008 INVASIVE NON-NATIVE VEGETATION REMOVAL ~tOII~4' ADMINISTRATIVE INFORMATION Project Title: Orchard View,Park Air Potato Removal' TI1T1 Simmons Contact Title: Park Superintendent ' . Contact Person: contact Agency: City of Delray Beach Contact Mailing Address: 1'00. N.W. ~ St AVer1U8 c;ty: Dell-ay Beach z;p: 33444 Contact Phone: [561]243-725$ contactE-mail: sirnrnons@c,delray-beach fl us: _ PROJECT INFORMATION 5,100:00.. _', Total Project Cost:$10,200..t3 Amount of Grant Request: Matching Funds Available? If yes, describe the specific sources and amounts: City of Delray Beach Park Maintenance Budget 2007-2008 $1 Q,200.00 Estimated Project Start Date: 4~1~0$ Estimated Project Completion Date:. $~1 ~08 '. Minimum Criteria Description Describe, in detail, in the space provided, how this project meets each of the six (6J minimum criteria. Ff more space is required, please attach a separate page and note question number. 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plarrt species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). HancJ.harvesting of air potato: Cut and stem treatment of braziliari peeper trees and umbrella . trees.Off site disposal of all .vegetation removed from exotic clearing. 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. City of Delray Beach Orchard View Park: 4060 Old Germantown Road. Area for exotic removal is' approximatly`3 acres: The park'is 6 acres with a nature trail through the park: 3. Project cannot be a required mitigation project with an invasive plant removal requirement. Not a mitigation project. v ~~ ,. _. ~ ~ , ~biicLarzlsGrantProgramApplicatian-Project Title: C3FChard Vi@w Palk Ali POiatO R~rFlOV2l ~ _ _ _ ,, ;, _ Minimum Criteria Description - Continued ~- Project applicant must have financial means for perpetual follow-up maintenance. Describe fotmw-up schedule andfienaing source fd~ pcrpcttud maintenance ,C3rchard View Park is maintained vdeekty wEth a site speefic crew, that is funded ~n the annual budgr/t. The crew is - resporis+ble far all rotftine landscape maintenance. Control and removal of the air potato and; other ~xotie trees and vines wi[t be part of their routine maintenance work to ensure that. the errdicat~on is effective and monitflred. ~_ Plarrting/restDraiiDnpian (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species {see www.ffe~atsc.ora for most current list). `t~11}~ ~_ Prflject muse have a minimum fifty-percent project match, except for those municipalities specified isi the Prajeet Match Reglltrement SECtIDn. Describe fiuuling source for match and haw match will 6e used. ~undjx~g ~luitl be provided in the Park Mair~fenanee Budget ofi 2QQ7~2QD$ in the amount of $'d 0,~!~O.~D: al[ monies will be used for this project. ~_ Project cannot involve the clearing of native vegetation. 'dative ve~e~tion will not be removad. 8_ Project proposes treatment of new or local (outlier) infestations or containment of invasions to new areas. This }s a ne~a/ infestation of the air potatfl vine at tl•tis location. The purpose is fo remove and or cant-ain the: invasive p{ant materials. :, 3. Cannot be used for the initial clearing of invasive vegetation on projects destined for infrastructwe improvement. ~NfR: 1iiK4~~~~4~i?~C':;:.'d~t0.N~'2t,:,.ofi1'~?~i,V~„A'~a.x~~.<;:~.'Mr~b~i~:'.'d.".t .~s. ..... .r71,. .. ~. ;k ~ .:i. F:~:~.`;: ',"a,,lv~u~ .~'~iM~?~~ ~^~ ~~[~t5~ ,r+,~n`,.:,' ~'~j~xt Location Description I3+scriEs: prajec2 location, nearest crass streeLR Property type (natural area, open space, easement...J, Property use, property owner, agency(s) with management ra~pr»1sthSity. include natural area descript»n if applicable. "attach a site plan shnwing the project elements along with a genera! location map and an aerial photo afthe prajecYVicatity. Maps should be no greater than Il "z 17. ""' This park is located' at the corner of Linton Boulavard aril C]Id Germantown Road, This: is a 6-acre .City awned Park with natural area and open'space. The City of Delray Park Maintenance is ~~s~nsible fior the maintenace of this parik<which is performed weekly by a site specific creel. ~C:inel~eFcajectLucaiionX Y Coordinates inStufe Plzwe NAI7 Imo;: X: _ - ---.- Y. - _ P~iie i,aras ~anr ProgFam Application- Pro~e~t Tice: C3rchard View Park Air :Potato Removal Page 3 rti, hl. M; ... a__ . --- ORCHARD VIEW PARK ~_ AERIAL LOCATION MAP pTY ~ GRAY ~,~, ORCHARD VIEW PARK PLANINNG 8 ZGlNNG DWARTMRIT -- DA;/TAL &0.SE bL4P SYSTEM -- MAP REF: U:\AuioCAD\Doug Smith\Orcftard Yew Aerial ~~AC$ CO July 17, 2007 ~ ~'r~ Mr. Joe Weldon, Parks & Recreation Director ,~ ~ City of Delray Beach 100 N.W. 1st Avenue ' ' Delray Beach, FL 33444 ~LORI94' RE: 2007 PUBLIC LANDS GRANT PROGRAM - INTERLOCAL AGREEMENT Dear Mr. Weldon: ~epartrnent of Environmental Resources Management The Palm Beach County Department of Environmental Resources Management (ERM) is 2300 North Jog Road, 4th Floor pleased to announce that on July 10, 2007, the Board of County Commissioners approved the Leon Weekes Park project for the 2007 Public Lands Grant Program. Nest Palm Beach, FL 33411-2743 (561) 233-2400 Please find enclosed an interlocal agreement for the subject project. The interlocal FAX: (561) 233-2414 agreement is to be completed and signed by the appropriate agency governing council or www.co.palm-beach.fl.uslerm official(s). The interlocal agreement is effective upon execution by Palm Beach County. The termination date is August 31, 2008. The following items must be completed on both interlocal agreements: ^ 1. Official's signature and date 2. Attest signature and date 3. Attorney signature Palm Beach County Board of County The following items must be returned to ERM by September 10, 2007: Commissioners 1. Two signed and dated interlocal agreements. Please do not date the front page of the agreement. Addie L. Greene, Chairperson 2. A Statement or Certificate of Insurance as required in Article 4 of the agreement. The Certificate must show appropriate coverage as stated in Article 4 for General Liability. ]eff Koons, Vice Chair Automobile Liability and Workers Comp. If self-insured, a statement or certificate stating ltaren T. Marcus such shall be required for the three required insurance types. Palm Beach County Dept. of Environmental Resources Management must be listed as the Certificate Holder. Warren H. Newell Please ensure that the Certificate of Insurance expiration date covers the grant period. Mary McGarry Once both interlocal agreements, along with the Statement or Certificate of Insurance have Burt Aaronson been returned to and accepted by Palm Beach County, a fully executed copy will be mailed to your agency and you may begin the project. Funds spent prior to the County's ]ess R. santamaria execution date or after the termination date will not be eliaible for reimbursement or count towards matching funds. The following items will be required at the end of the grant period: 1. A brief 1 to 2 page final project report. County Administrator 2. Completed Payment (reimbursement) Request (Exhibit B). 3. Detailed listing of expenditures from your accounting system supporting your request. Robert Weisman 4. Documentation showing how in-kind contributions were calculated. 5. A copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Should you have any questions, please contact me or Matthew Icing at 233-2421. Since , W~ Richard E. Walesky, Director Environmental Resources Management An Equa! Opportunity I REW : m k .4ffirnrativeAc[ioxEmployer" EnCIOSUreS (2) ~, ~° ', - - printed on recycled paper INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH, FLORIDA DISTRICT 4 This Interlocal Agreement (hereinafter "Agreement") is made the day of , 200_, between the City of Delray Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 -PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 -PAYMENTS TO GRANTEE/REIlVIBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,000.00, provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of $5,000.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County' grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning & design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 2300 North Jog Road, 4'~ Floor, West Palm Beach, FL 33411-2743, which will indicate that the expenditures have been made in conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 -AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 -INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Page 3 D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 2300 North log Road, 4`~ Floor, West Palm Beach, FL 33411-2743. E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ARTICLES -INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTY/PERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 -EQUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carved out by the performance of this Agreement. ARTICLE 8 -GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports within the specified timeframe will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 -ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 -PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 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). ARTICLE 11 -EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until August 31, 2008, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 -NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 2300 North Jog Road, 4~' Floor West Palm Beach, FL 33411-2743 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Joe Weldon, Parks & Recreation Director City of Delray Beach l0U NW 1~` Avenue Dekay Beach, FL 33444 (561) 243-7250 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page b ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 17 -ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 -COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25, 2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF DELRAY BEACH, FLORIDA, BY ITS COMMISSION By: Rita Ellis, Mayor Date PALM BEACH COUNTY, FLORIDA FOR ITS BOARD OF COUNTY COMMISSIONERS By: Richard E. Walesky, Director Date Environmental Resources Management ATTEST: By: Chevelle D. Nebin, City Clerk Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Susan A. Ruby, City Attorney Page 8 EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R DATE OF REQUEST: AMOUNT REQUESTED:$. PERFORMANCE PERIOD: MATCHING REQUIRED:$ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of--Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST MATCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information /Outreach $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number Exhibit B, Page 1 of 1 Exhibit A y'~~tc~°~ PALM BEACH COUNTY a ~_~~ ~ PUBLIC LANDS GRANT PROGRAM 2007-2008 ' ~ INVASIVE NON-NATIVE VEGETATION REMOVAL A(UA19A ADMINISTRATIVE INFORMATION Projecc Title: Leon Weekes Park contact Person: JOe Weldon contact Agency: City of Delray Beach Contact Mailing Address: 100 NW 1St Avenue c;ty: Delray Beach Contact Phone: 561-243-7250 zip: 33444 Contact Title: Parks & Recreation Director ContactE-mail: Weldon@ci.delray-beach.fl.us PROJECT INFORMATION Amount of Grant Request: 0 Total Project Cost: $100,000.00 Matching Funds Available? If yes, describe the specific sources and amounts: Matching Funds available from the City of Delray Beach 2007108 operating budget. Estimated Project Start Date: October 2007 Estimated Project Completion Date: January 2008 :"x7~ aia~..",. ~xt+~~.irm~~%~~'t a~'"r _~..: ~4.:,d~ ~ ~ ... ~ .. i__. ~~:`* .,.. '~...,._.~._~. ~ ..., s.iC~ ~~".,:.F-,,..., Minimum Criteria Description Describe, in detail in the space provided, how this project meets each of the siz (tS) minimum criteria. If more space is required, please attach a separate page and note question number. 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). City Codes and Land Development Regulations requiring compliance with the removal of prohibited plant species, mirroring the County's requirements, qualifies Delray Beach to apply for this Grant. Species targeted for removal at Leon Weeks Park include Air Potato, Brazilian Pepper, Carrotwood, SchefFlera as well as Natal Grass, Grapevine and Love Vine. 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. Leon Weekes was jointly purchased by the County and City in 1988 as a preservation/conservation site. The original intent was to preserve the Sand Pine Forest. Unfortunately, a 'controlled burn' several years ago resulted in the death of the majority of the Sand Pines. The preserve began to change from a Sand Pine Forest to a Scrub Oak Community. Hurricanes Jeanne, Frances and Wilma caused an interruption in the maintenance and the preseve was quickly overrun with invasive plant materials. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This property is not required to be used as a mitigation project for the City. ..,ea~.i'aY'~~"..+~~'f. ~-~. m.~,.,e3. ~., ~. .. ..~ ~:.:. r,:Y :sue _ ,~~:._~:w .v~,:~,.w.a,..._.'~~#... .. .. _......_. __. Public Lands Grant Progam Application-Project Title: Leon Weekes Park Page 2 Minimum Criteria Description -Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Describejollaw-up schedule andjundingsource jor perpefua! maintenance The City will include funding for maintenance on an annual basis as part of the Parks Department Operating Budget. 5. Planting/restorationptan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species (see www.fleppe.orq for most current list). No additional plant installation is planned. The objective is to remove the competing and agressive exotic vegetation to allow the growth of existing beneficial native plant species. 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. Describe funding source jar match and how march will be used The matching funds will be allocated through the City's annual budget. 7. Project cannot involve the clearing of native vegetation. No native plant species will be removed from the site. 8. Project proposes treatment of new or local (outlier) infestations or containment of irnasions to new areas. After the hurricanes new infestations of non-native vegetation were identified with marginal success to contain these outbreaks, given the limited funds and man-power available at that time. The costs to the City for tree removal and tree trimming and debris removal from the storms limited our ability to focus on Leon Weekes Preserve. 9. Cannot be used for the initial clearing of invasive vegetation on projects destined for infrastructure improvement. The project and Grant request do not include initial clearing of vegetation for infrastructure improvements. The park site ammenities such as the adjacent parking, educational kiosk and walking paths are already in place. 5'.~.:y~`'" `"r"f: nt S. ;~a',t.~ ±-,: _ i~~a'.a t~K.!f:Y_.,~ ~ .. -~~: t..~,.~M -T3.~. ,r~ .~.... ~_ ..~ :N.ea<.us... ~.. ~ , ~~Mv.,a~.rn~~~1 ~ ',,. ,..,~,~. ;_: ~, ..,~,~..., g.. ?~.. .:.~: ,. ee, ~: .~ ^.~~.. ~'i'*,,,, _". v{!c. ~7 ..4.... ~ 6. .v :s vS.. ..«~ ..0~..._ ..... Project Location Description Describe project location, nearest cross streets, property type (natural area, open space, easement...), property use, property owner, agency(sJ with management responsibility. Include natural area description ijapplicable. **Attach a site plan showing the project elements along with a general location map and an aerial photo ojthe project vicinity. Maps should be no greater than I1 " z 17. "** Leon Weekes Park is located just west of the F.E.C. Railroad and Dixie Highway, north of Lindell Boulevard and east of Albatross Drive, in what is referred to as the Tropic Palms Neighborhood. This is Section 29, Township 46S, Range 43E in Delray Beach. The property is jointly owned by Palm Beach County and the City of Delray Beach and is governed and managed per the conditions stated in an Interlocal Agreement between the two parties. It is an 11.65 acre natural area ,originally consisting of a Sand Pine Tract at the north end and the balance consisting of a Palmetto Prairie. It is home to several Gopher Tortoises, nesting birds and Eastern Indigo Snakes. The property includes a walking trail through a portion of the site to provide a living natural history of the evolving scrub ecosystem. The entrance to the park has limited parking, an educational kiosk and a tot lot to encourage visitation. The loss of the majority of the Sand Pines from a 'controlled burn' and several hurricanes has resulted in the evolution of the Sand Pine Community to a Scrub Oak Community, In 1992 FAU Professor Dan Austin questioned the viability of such a small parcel and stated that even with management it could succeed into aPalmetto-Oak Woodland "within decades'. In reality it has taken less than two decades to evolve. Native plant materials include emerging Gumbo Limbo, Scrub Oak, Saw palmetto, and Cocoplum. A handful of Sand pines have been spotted. Include Project Location X, Y Coordinates in State Plane NAD 1983: X: 958360.18 Y: 762899.07 ,, - .: Public Lands Grant Progam Application- Project Title: Leon Weekes Park Page 3 Detailed Project Description This description is to answer injorma[ion for scoring the applications by the judging committee and for compliance with the minimum grant criteria. Must include project location description, targeted invasive non-native plant species, acreage ojinjestation, scope of work, will the work be preformed in-house or contracted out (if contracted out, describe contract pricing), method ajremava! (mechanical, herbicides, hand pulling...), project milestones, and replanting species. The project consists of an 11.65 acre natural area in Delray Beach, Florida. It is located west of the combined rights-of-way of the F.E.C. Railroad and Dixie Highway, north of Lindell Boulevard and east of Albatross Road along the eastern boundary of the Tropic Palms Neighborhood. This lies in Section 29, Township 46 South Range 43 East. Originally, the site was a dual community consisting of Sand Pine and Palmetto Prairie ecosystems. The preserve area is home to at least three Gopher Tortoises, Scrub Jays and many other nesting birds, as well as Indigo Snakes and a few foxes. Targeted invasive species include Air Potato, Balsam Pear, Brazilian Pepper, Carrotwood, Earleaf Acacia, Schefflera, Grape Vine, Rosary Pea, Love Vine, Natal Grass and Torpedo Grass. The Sand Pine Tract has evolved to a Palmetto-Oak Woodland as predicted by FAU Professor Dan iAustin in 1992. His timeline for succession occured much more rapidly due to a 'controlled burn' gone awry and three hurricanes in a two year period. The loss of Sand Pines to the 'burn' and subsequent loss in the 2004105 storm season resulted in rapid growth of invasive grasses and vines as greater light levels penetrated the forest floor. Affer the hurricanes the City's man-Power and funds were focused..on tree trimsni~r g_andL~rtloYal._as_w~11_as_the.reroszv_al.of__ -- --~--- piles of vegtative debris throughout the City. During this time, invasive non-native vegetation outgrew the native species in Leon Weekes Park creating an imbalance. This past year the City has concentrated efforts to remove invasive plants, but additonal funds are needed to get to all of the areas. Every season brings with it the germination of seeds that previously didn't have the light and conditions to out-compete the natives. The removal of the non-native vegetation will allow the growth and development of existing native species that provide food and shelter to birds, mammals and reptiles. The eastern perimeter is approximately 2,000 feet in length adjacent to Dixie Highway, a highly traveled corridor which allows passers-by a view into this preserve area. A few miles further south, this ecosystem is repeated in Boca Raton, and provides relief from the condominiums and shopping centers. Matching funding in the amount of $50,000 will be securred in the 2007!08 budget. The City is mandated by the interlocal agreement to maintain the preserve area. This is the only natural !preserve area in Palm Beach County where the City is the entity required to maintain the site. The City's request to transfer the maintenance to the County was recently denied, due to unknow budget impacts as a result of the proposed roll-back of property taxes across the State. Our ability to match those dollars with this grant will greatly enhance our efforts to regain control of the non-native vegetation within Leon Weekes Park. In addition to the hebaceous growth, the City needs to remove many of the hazardous dead Sand Pines that are within falling distance of the pedestrian path. During the past year the City utilized the services of a contractor specializing in the maintenance of sensitive and protected sites for non-native vegetation removal. The City was able to have work performed under the umbrella of a South Florida Water Management District contract, so to that end, prices were competative. The City has expended roughly $68,000 over the past 18 months to remove exotic vegetation from the park. The City will either look for contracts already in place or advertise for bids later this year for the invasive plant removal. A combination of control methods will need to be employed including basal-bark herbicidal treatment, herbicide spray applications, and hand or mechanical removal. Limited equipment is brought into the site due to the need to protect desirable plant materials and Gopher Tortoise burrows. The City has recently set up an Adopt-a-Park Program, wherein volunteers are trained to work in selected parks, helping out with weeding and other repetitive tasks. Although this site was not originally spoken for, it is hoped that a group may want to help out at a later date, possibly in the fall when it is not so hot. Support for this park adoption may very well be gained through a public education outreach program combining educational instruction with the maintenance. At the very least, our Public Information Officer will contact the press when the project is underway to explain the goals and objectives and to make the public aware of the City's (and County's) efforts to maintain this increasingly rare natural area. Public Lands Grant Program Application -Project Title: Leon WAek@S Park Page 4 Project Narrative Provide any additional information that describes how the proposed project will meet each of the JudQinQ Criteria noted in the application guidelines. The Educational Public Outreach Program is seen as a viable way to interest volunteers in adopting the park and helping out with routine maintenance. The opportunity for a group of concerned citizens to learn about local preserves and natural areas will help promote and foster the continued support of acquisition of these valuable wildlife habitats. The City would like to utilize the permitted 5% of the grant to develop and fund such a program. Project Budget Provide a proposed budget indcating how grant funds will be utilized and where the nmtching funds will 6e allocoted CATEGORY OF EXPENDITURE ~ AMOUNT MATCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ 50,000.00 $ 45,000.00 Supplies/Other Ezpenses $ $ Public Information /Outreach $ $ 5,000.00 TOTAL REQUESTED $ 50,000.00 $ 50,000.00 TOTAL GRANT AGREEMENT $ ~oo,ooo.oo Certification: I certify that to the best of my knowledge, all of the statements contained in thris~applic~ati(o~n are correct and complete. Submit 10 copies and 1 original to the following address: Signature: ~W -°'~°~J Public Lands Grant Program Coordinator PrintName~~~oe Weldon Palm Beach County Dept. of Environmental Resources Management Title: Parks & Recreation Director 2300 North Jog Road, 4te Floor West Palm Beach, FL 33411 Date: May 9 , 2007 N LEON 1(VEEKES -y.~- NATURAL PRESERVE AREA ~~ 4tf tNUCB .} Date: September 11, 2007 .~- - _- AGENDA ITEM NUMBER: ~• ~~ AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda -Special Agenda When: Sept. 18, 2007 Description of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signature on, a $5,100 reimbursable grant from the Palm Beach County 2007 Public Lands Grant Program for Orchard View Park Air Potato removal and a, $5,000 reimbursable grant from the Palm Beach County 2007 Public Lands Grant Program for eradication of prohibited invasive non-native vegetation at Leon Weekes Environmental Preserve. Department Head ~ ~ ~~ (~ Signature: y--Y~.J City Attorney Rev a /Recommendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: es No Initials: Hold Until: -~ Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Joe Weldo Director of Parks and Recreation t THROUGH: David Harden, City Manager DATE: September 11, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPTEMBER 18, 2007 APPROVAL OF AGREEMENT WITH DROWNING PREVENTION COALITION'S ("DPC") LEARN TO SWIM PROGRAM. ITEM BEFORE COMMISSION Request approval to renew the Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per child. BACKGROUND The County through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis. RECOMMENDATION Parks and Recreation Department recommends approval of the Interlocal Agreement with Drowning Prevention Coalition's Learn to Swim Program for reimbursement of swimming lessons not to exceed $50.00 per child. 8.I Page 1 of 1 Smith, Douglas From: Shutt, Brian Sent: Thursday, September 13, 2007 9:01 AM To: Smith, Douglas Subject: Agt. with Palm Beach County Leam to Swim Program I have reviewed the above agreement and it looks ok to me. R. Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561)243-7091 Fax (581)278-4755 shun@ci. delray-beach. fl. us 9/13/2007 INTERLOCAL AGREEMENT FOR SWIMMING LESSONS This Agreement is made as of the day of , 200_, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the City of Delray Beach, a Florida municipal corporation located in Palm Beach County, Florida.(hereinafterreferred to as "MUNICIPALITY"). WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Program, and to define the parties' responsibilities relating thereto. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE 1 -SERVICES MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, if any, and MUNICIPALITY'S usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which MUNICIPALITY'S usual and customary fee is $50.00 or less. If MUNICIl'ALITY's usual and customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes maybe open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility. MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to provide and maintain the services and facility as provided herein. MUNICIPALITY represents and 1 warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this Agreement, MUNICIPALITY must provide to COUNTY copies of the facility's current operating permit and most current inspection report, which must evidence a satisfactory inspection. MUNICIPALITY shall perform the services set forth herein in accordance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations. MUNICII'ALITY shall provide proof of such certifications to COUNTY'S representative upon request. MUNICII'ALITY represents and warrants that it has in place, and shall continue to maintain, adrug-free workplace policy. ARTICLE 2 -COMMENCEMENT AND TERM This Agreement shall commence on October 1, 2007 and shall remain in effect until September 30, 2008. ARTICLE 3 -PAYMENTS TO MUNICIPALITY A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the name, dates, and times of the classes provided, and any other documentation deemed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTICLE 4 -TERMINATION The COUNTY may terminate this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written notice to the COUNTY. 2 ARTICLE 5 -PERSONNEL The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereunder shall be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 -SUBCONTRACTING MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities or obligations under this Agreement. ARTICLE 7 -AVAILABILITY OF FUNDS The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners and subject to the provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE 8 -INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28 fs., MUNICIPALITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event MUNICIPALITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 fs, MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. MUNICIPALITY agrees to maintain or to beself-insured for Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to 3 recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 -INDEMNIFICATION Each party shall be liable for its own actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY' S negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. ARTICLE 10 -SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations asset forth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE 11 -REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement. ARTICLE 12 -CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other 4 circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MUNICIPALITY may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the notification and the MUNICIPALITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. ARTICLE 13 -EXCUSABLE DELAYS MUNICIPALITY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon MUNICII'ALITY' S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its or its subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 14 -ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 15 -PUBLIC RECORDS The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any documents or other records relating to this Agreement. ARTICLE 16 -INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all 5 times, and in all places, be subject to the MUNICIPALITY 'S sole direction, supervision, and control. The MUNICIPALITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the MUNICIPALITY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 -CONTINGENT FEES The MUNICIPALITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 -ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY 'S place of business. ARTICLE 19 -NONDISCRIMINATION The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 20 -AUTHORITY TO PRACTICE The MUNICII'ALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 21 - SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is 6 held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 22- PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Agreement or performing .any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors 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). ARTICLE 23 -SURVIVABILITY Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a continuing nature or which by its language or its nature imposes an obligation that extends beyond the term of this Agreement, including but not limited to representations relating to indemnification and the disclosure or ownership of documents, shall survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder. ARTICLE 24 -NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Palm Beach County Fire-Rescue 50 South Military Trail, Suite 101 West Palm Beach, FL 33415 Attn: Fire-Rescue Administrator If sent to the MUNICIPALITY, notices shall be addressed to: City of Delray Beach Aquatics Operations 1101 NW 2°d Street Delray Beach, FL 33444 Attn: Nina Salomon, Aquatics Operations Supervisor ARTICLE ZS -FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 7 ARTICLE 26 -ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MiJNICIPALITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered unless agreed to in writing by both parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY, and MtTNICII'ALITY has hereunto set its hand the day and year above written. WITNESS Signature Name (type or Print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Herman W. Brice, Fire-Rescue Administrator, through Robert Weisman, County Administrator APPROVED AS TO TERMS AND CONDITIONS By Fire-Rescue CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 8 EXHIBIT "A" Aquatics Division 1101 NW 2nd Street Delray Beach Florida 33444 Phone (561) 243 - 7358 Fax (561) 243 -7346 E-M~1 salomon~DCi.delraybeach.fl.us an the Web www.mydelraybeach.com // \'~ DELRAY BEACH Parks\fs Rec/~reat>lon To: Dn~wning Prevention Coalition of Patin Beach County From: Giovannina E. Sabmon Aquatics Operations Supervisor Date: September 06 ,2007 Details: Swim lesson krourses; Descriptions, Fees; Instructor! Student ratio Locations: Defray Beach Aquatics Division Pompey Park Pool and the Delray Swim & Tennis Club Swim lessons Instructed: Fall swim lessons held in the month of October Session I and Session II Spring swim lessons held in the month of April Session 1 and Session II Summer lessons held in the months of June and July Session 1; Session II; Session III and Session IV Course: Parent 8 Child Aquatics Devebped for children 6 months to 5 years of age, American Red Cross Parent ~ Child Aquatics builds swimming readiness by emphasizing fun in the water. Parents and children participate in several guided practice sessions that help children team elementary skills, including water entry, bubble blowing, front kicking, bads floating, underwater exploration and more. Once children can perform basic skills without parental assistance, they may begin Leam-to-Swim courses. Course length /fee and Two weeks course; Tuesday -Friday for 12 hour instruction; Nur-~er enrolled : $25.00 per student; one instructor /ten students Course: Level l (5yrs. in age and older) Introduction to Water Skills: helps students feel comfortable in the water and to enjoy the water safely. Course lengtl~ / fee and Two weeks course; Tuesday -Friday for 112 hour instruction; Number enrdled: $25.00 per student; one instructor / sbc students. Course: Level 11 (5yrs in age and older) Fundamental Aquatic Skills: gives studerrts success with fundamental skills Course length /fee and Two weeks course; Tuesday -Friday for 1/2 hour instruction; Number enrdled: $25.00 per student; one instructor !six students Course: Level 111 (5 yrs in age and older) Stroke Development: builds on the skills in Leve12 by providing additional guided pradyce. Course length / fee and Two weeks course; Tuesday -Friday for forty-five min. instruction; Number enrolled: $25.00 per student; one instructor /ten studenrts. Course: Young Adult (12 yrs - 17 yrs in age) Improves various swim skills from Level I, II 8~ UI by providing additional guided practice. Course length ! fee and Two weeks course; Tuesday -Friday for forty-five min. instruction; Number enrdled: $25.00 per student; one instructor /ten students. Adult (18 yrs in age and older) Improves various swim skills from Level 1, II 8 III by providing additional DELRAY BEACH AFArnerNal~ 1993 2001 guided practice. Course length 1 fee and Two weeks course; Tuesday -Friday for forty-five min. instruction; Number enrdled: $25.00 per student; one instructor /ten students. Thank you, Giovannina E. Salmon Aquatics Operations Supervisor Date: 9/11/07 . ", Request to be placed on: Consent Agenda AGENDA ITEM NUMBER: ~/ AGENDA REQUEST X_ Regular Agenda When: -September 18, 2007 Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Consider approval of an Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per child. The County through its Drowning Prevention Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis. Department Hea t Signature: ~J City Attorney Re 'e /Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number . Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ / Hold Until: Agenda Coordinator Review: Yes / No Initials: (if applicable) No Initials: Received: Joseph L. Schroeder Chief of Police TO: FROM: 'THROt.~Gli: Delray Beach Pt~lice Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561 j 243-7888 Fax (561) 243-7816 MEMORANDUM MAYOR AND t: ITY COMMISSIONERS SHARON l,'HERRC)L`. AD INIS~hRA"I7VE OFFK'ER ~~ CITY MANAGER DA"I'E: September 12, 240? ~~~ ~. DELNAY BEACH AIl•America City ~~ ~r i `i~t i ~~11)~ SI-BJIX'"i-: AGENDA REQUEST. ITEM # (~. t,~- RF.CaILAR MEETING OF SEPTEMBER 18, 2007 JAG '07 GRANT AWARD ACCEPTANCE. ITEM BEFORE COMMISSION The Delray Beach Police Department has received nixitication that our application tier funding from the Bureau of Justice Assistance (BJA), Justice Assistance Grant (JAG) for federal fiscal }ear FY07-O8 in the amount of $tiU,S76AU has been accepted. This is a renewal of a grant we have received for the last several years, and there is no match requirement. T'he ti-nds w-ere requested to support the Holiday Robbers Task Farce, as in prior years. The Department requests Commission approval to accept this award. BACKGROUND Commission approved applying for this grant at the July IU, 2007 Commission Meeting. Funds will support the Noliday Robbers task farce which has been operational from Thanksgiving. to the New Year, each year, for the past nine years. The task force saturates all shopping centers in the Delray Beach area with high visibility patrols providing high profile visibilit} of police officers during each holiday seas«n. As a result, there have been minimal incidents per year in strong arm robberies, thefts, or other serious crime incidents as compared to the surrounding cities. FUNDING SOURCE These grant funds are being offered through the U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program. RECOMMENDATION The Police Department recommends accepting the award. Serving with P.R.LD.F.. Prc~fessionalisnt, Respect, Integrity, Diversity and E.rc•ellence Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Jwtice Programs a,,,h,n{,.,n. C~ C' 'us3t Augtut 20, 2007 Chief Joseph L. Schroeder City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Schroeder: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the Fl' 07 Edward Byme 1Aemorial Justice Assistance Grant (1AG) Program in the amount of 560.576 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports. resolution of all interim audit findings, and the maintenance ofa minimum level of cash-on-hand. Should you nut adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for came or other administrative action as appropriate. If you have questions regarding this award, please contact - Program Questions. Naydine F upon-Jones, Program Manager at (202) S l 4-(>lifi t ;and - Financial Quurstions, the Office of the Comptroller, Customer Service Center (CSC) at IS00) 45g-0786, or you may contact the CSC` at ask.oc(auedoj.gov. Congratulations, and we look forward to working with you. Sincerely, l'--------~ Domingo S. Herraiz Director, Bureau of Justice Assistance Department of Justice Office of Justice Programs Offtce for Civil Rights N'a~hin~trnr. !1C '~tS±i August ?0, ?00? Chief Joseph L. Schroeder City of Delray Beach 3t'J01M'est Atlantic Avenue Delray Brach, FL 333 Dear Chief Schroeder: Congratulations on your recent award. !n establishing ftnancial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil right., laws. The Office for Civil Rights (OCR}. Office of Justice Programs IO1P). U.S. Department of lustice is responsible far ensuring that recipienU of financial aid from OJP, its component offices and bureaus. [he Office on Violence Against Women t04`Wi, and the Office of Community Oriented Pohcing Service; tCOPSI comply with applicable Federal civil rights statutes and regulations. H'e at OCR are available to help you and your organization meet the cn it nght~c requiremen[s that come with Justice Deparunent funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race. solar, national origin, religion, sex, or disability in funded programs or activities, riot only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of serotces or benefits. Providing Services to Limited English Proficiency (LEP) lndi~iduals In accordance with Department of lustice Guidance pertaining to Title Vl of the C: ivil Rights Act of 1965, 4~ U.S.C. § 200tki, recipients of Federal financial assisunce must take reasonable steps to provide meaningful access to their programs and activities far persons with limited English proficiency (LEP). For more information on the cnil rights respansibiGties that recipients have in providing language sen ices to LEP individuals, please see the website at http:- www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In generate the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for F;qual Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 2R C.F.R. part 3H, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions i)n the basis of an organization's religious rharacter or affiliation, religious name, or the religious composition of its board u(duectors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of lustice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious acnviues, they must be held separately from the Department of Justice funded program, and customers or beneticianes cannot be compelled to participate in them. The Equal Treatment Regulation alw makes clear that organizations participating in programs funded by the Department of lustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Far more fnformahon on the rraulafinn nlea.e ere O(°R's website at httn:~'www.oip.usdoj.kov ~xrttfbo.htm. State .4dministering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the'dictims of C'nme .Act. as amended; and the Juvenile Justice and ]lehnquency Prevention Act, as amended. contain prohtbitions against discrimination an the basis of religion to employment. These employment provisions have been specifically incorporated into 28 C.F.R. Pan 38. J (t~ and 38?I f). Consequently.. in many circumstances, it would be irnprrmissible for faith-based organisations seeking or receiving funding authorized by these statutes to have policies car practices that condition hiring and other employment-related decisions vn the religion of applicants or employees. Program; sub)ect to these nondiscrimination provisions may be i'vund on CX'R's website at http: www.ojp.usdot.gov `o+:r . E~uestions atx~ut the regulation or tha statutes that prohibrt discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the exam award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, UCR it»rstigates recipient.. that are the subject of disctimination complaints from Moth individuals and groups. In addition. based on regulatory eritrna, OCR select, a number of recipients each year for compliance reviews, audits that inquire recipients to submit data showing that they are providing sen ices equitably to all segments vi their service population and that theiz employment practices meet equal employment opportunity standards. Complying with the Safe Streets AM or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets AetJ of 1968.42 L'.S.C. ~ 3789d(c), or other Federal grant program requirements, must inert two additional requirements:i l r campl}ing with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan IEEOP), 28 C.F.R. ?I 42.301-.308, and {2} submitting to OCR Findings vf`Disenminauon (see 28 CF.R ~C 42.205[ 5) or 3 L 202( )). I) vleeting the EEOP Requiremem In accordance with Federal regulations, Assurance tio. 6 in the Standard Assurances, COPS Assurance \o. B.B. or certain Federal grant program requirements. your organization must camply with the following ESOP reporting requircmrnts: If your organization has received an award for SSOO,lxJO or more and has 50 or more employees (counting both full- and part-time employees but excluding pohUCal appointeesj, then it has tv prepare an ESOP and submit it to OCR for review within ti0 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http:--www.ojp.usdoj.gov oc:r eeopbtm. You may alsa rryurst tcchmcaJ assistance from an EEOP specialist at OCR by dialing (2021616-3208. I f your organization received an award between 525.000 and 5500,00() and has 50 or mute employers, yotu organization still has to prepare an EF,OP, but it dues not have tv submit the ESOP to OC`R fur review. Instead, your organir_ation has to maintain the ESOP on file and make it available for review on request. In addition, your organization has to complete Section B of the C'emticauon f'ottn and retum it tv OC'R. The Certification Form can be found at http:' www.ojp.usdoj.gowocrervp.htm. If your organization received an award for less than 525.001); or if your organization has less than 50 employees. regardless of the amount of the award: or if your vrgamzation is a medical institution, rducationaJ institution, nonprofit organization or Indian tribe. then your organization is exempt from the EEOP requirement. }{owever. your organization must complete Section .4 of the Ceniticauon Form and return it 20 OCR. The C`enitication Form can be found at http:r www.oJp.usdoj.gvv tier eeop.hun, 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discnmination against your organization after a due process hearing, on the ground of race, color, religion. national oriein. or sex. your orttanization must submit a copy of the finding to OC'R for review. .~ Eoanring the Compliance of Subrecipients If your organization makes subawards to outer agencies, you arc responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an ESOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard gram assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-46401 or visit our website at httpa/www.ojp.usdoj.gov/ocrf. Sincerely, Michael L. Alston Director ec: Grant Manager F:nanria) Analvct Departmrnt of Justice __ Officc of Justice Programs '. PAGE i OF } Bureau oiJustice Assistance Grant i. RECIPIENT NAME 4N6 4DDRFSS IlncYuQmg Lrp Cudel 3 Aq'ARD NCMdER -'OU7•DI•B%-x504 __. _... ..... _........_........ C'iry of I)cln} Aexb 700 Wtu Atlanfm A~enua S PROJECT PERIOD. FROM 1001 ?IXM 70 (W:'30?~J10 Dclny Bcach. FL 33313 HL U(iET PERIOD. FRU?~7 lU01 'sOUh TU i>g30, _'010 6 AWARD D.A TF. 0K 0,_0U~ '. ACTION __. _._ lA. GRANTEE IRS~VFN[X)R. NO. X Si'PPLEMENT tii'\tHFR nrtia 59h1M10315 ~)U __..._._ 4 PRbtiOCSAWARpAMOLNT Y0 ____, .......................... 3 PROJECT TITLE Yn AMt)tNTOFTHItiAWARD bt+0,57fi ' FMlyda~ Ruhben it+F Forer _. Ii. TOLALAWARD S(d).574 I:. SPECIAL CONDITIONS THE AHOVE GRANT PROJECT IS .APPROVF,D SL BJEC"t 'TO St;CH CONDIT-IONS OR LIMITA TIC)NS .AS ARE SET FORTH ON THE ATTACHED PAGEISI. ' 13. STATI;TORY AOTHl1RITti' FOR ('rRANT Thee pro)tci ~x ~upp.xtcd uMttt 3. L'.S.C' 3751ia1 tBJA ~ lAG Fsmnula} __ __. __ l5. ME7HOD OF PAYMENT PAPRS AGFtiC'Y APPROt'AI .... ,~...~~ t~RASTFF ACCEPTANCE lb TV'PED NASIE ADO TITLE OF APPRUCINCi OFFICIAi. .X TYPF.U NAME AND iiTi E t~F AGTN(5RI7EDf~R ANTFE OFEICI AI fkxnmgo S. Hcrru~ loacph L. Schrcxricr ('111C: c C Pollcf I)trcctor, Bureau of luatrce Aauauncc 17 SIGMTL'RE OF APPROVING OE FICIAL ~ iv Sltih ATt'+RE OF AL THORILFD RECIPIENT OFFICIAL 19A DATE ~1~--------~ ~_ / ONI l AGENCY C SE - . 30 .ACCOL'N1"1A(i (1 ASSIFIC'ATION COU7 ~ _, i)JO't: 1N)3~+~ FISCAI. FL"NU Nl D Dlt' YEAR COUF ACT OEC REG itA. P(.>tA5 .Aa10t1'tT X B D1 g0 (Xl 00 fi057A OJP FORM 4(1(102 (REt'. 5-g71 PREVIOCS EiD1710NS .ARE OBS(:)LETI OIP FORM K}DII ] I R F. V 4 ~gN 1 .................... . __ Department of Justice Office ofJustice Programs AW'ARU COtiTINUATIOh Bureau of Justice SHEET vaoe tit s Assistance Grant __ ___ _ __ PROJfiCT NUMBER J4t07-C71-BX tt50N .4W.4RD UAT 6 6x ,il 21x1 SPEC'lAl CO;VDITIO;tiS 1. The recipient agrees to comply with the fittanctal and administrative requtrements set forth in the current eciitton of [he Oftice of Justice Programs (O1P) Financial Guide. 2. The recipient acknowledges that failure to submn an acceptable Equal Employment Opportunity Plan lif recipient [s rcgwred to submit tine pursuant to 28 C.F.R. Section 42.302), that is approved by the Office far Civil Rights, is a violation of its CMified Assurances and may result m suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply wi[h the organizational audit requirements of OMB Circular A-133, .audits of States, Local Governments, and Nun-Profit Organizations. as further described in the current edition of the OJP Financial Guide, Chapter 19 4. Recipient understands and agrees that rt cannot use any federal funds, either directly or indirectly, in suppon of she enactment, repeal, modification or adoption of any law, regulation or policy, at any leve{ of government, without the express prior written approval of OJP. S. The grantee agrees to assist B1A in complying with the National Environmental Policy Act {NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee Accordingly, pnor to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The granter understands that this special condition applies to iu following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee. a subgrantee, or any third party and the activity nerds to be undertaken to order to use these grant funds, this special condnion must first be rnet. The activities covered by this special condition are. a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) locate! within a 100-ytar flood plain: c. .A renovation, tease, or any proposed use of a building or facility that will either (a}result in a change in its basic pnor use or (b) significantly change its size; and. d, Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and Ib) traditionally used. for example, in office, household, recrradonal, or education em ironments. Appliwuon of Thts Special Condition to Grantee's Existing Programs or Actiwhes: for any ofthe grantee's or its subgranters' existing programs or acuvuies that will be funded by these gram funds, the granter, upon specific request from B1A, agrees w cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. ', _._ __ _. _ _._ 171P FORM J(x7(t? iREV. 4N81 Department oflwnar Office of Justice Prog Bureau otJustice Assistance rams .AWARD CONTINUATION SHEET PAGE ~ ot- Grant __ PROJECT hI MHER 2f>t)'-DJ-H%-USW AWARD DATE ox, 2u?(X)7 SPECL.aL C'O:vZ)!TlGaS 6. This speetal condition facilitates compliance with the provisions of [he National limironmental Policy :het (NEPA) relating to clandestine methamphetamine Iabcrraton' operations. including the idenuficatiun. seizure, or closure of clandrsune mrihumphetamine laboratones (herrinafler. "meth lab operations"j. No monies from this award may Ix ohhgated ar support meth lab operatUns unless the grantee implrmrn4c this specia{ ccrndiuon. Thr (.)I1"ice of Justice Pnigrams IO1P), to consultation with the Bureau of Justice Assistance, the Drug Enl'orcrmertt ~dmmistrauon, and the Oflice fur Community Onrntecf Policing Srrvtces, prepared aerogram-level Environmental Assessment (Assessment) governing meth lab operations 'fhc :1ssessment drscnbes the adverse envuonmrntal, health, and safrt} mtpaeKs 6krly to br encountered by law enfnrcrment agencies as they unplement specific acuuns under their methamphetamine laborawn operatruns. C'onststent with the .Assessment. the following terms and conditions .hall apply to the granter fur any OJP fundtd mrthlab opc7auons: .4 The grainer shall ensure compliance by ()JP funded sub-granter. with federal, swte• and local environmental, health. and safer laws and regulations applicable to myth lab operations, to include the dislwsal nY the chemicals. rywpmrnt, and wastes resulting }ion those operations. B The granter shall have a tittugauon Ptan to plxe tha[ idrnufies and documents the pnxesses and punts of` accountability within its state. Thts plan wi11 br used to ensure that the adverse environmenul, health, and safety impacts delineated m the Assessment are miugatrd in a manner consistent wdh the requirements of this condition. C Thr grantee shall monitor OJP fundtd meth lab operations to ensure that they comply with the following Hint nuuganon measures identified m the Assrssmrm and whose implementauun is addressed m the grantec's'btmgatior. Plan. Thrsr mitigation meawres must hr included a.. special ccrndiuon+ m all subgrants: iSee Part 11 o1'this special cundihon) I . Provtdr medical screening of personnel assigned or to be assigned by the grantee set the seizure or closure of clandestine mrthamphrtamme laboratories; ?. Provide Ckcupational Safely and Health .4dmmtstrauun (OS}'{At required im[ial and refresher training for law enforcrmrnt officials and all other personnel assigned to either the seizure or closure of clandestine mrthamphetamme laboratories: 3. ,As determined by their specified dunes. equip the perwnnel with OSHA inquired protective wear and other required safety equipment; 4. Assifm prupefiy trained perwnnrl to prepare a comprehensive contamination report on each seized'closrd laboratory; 5 Litilize qualified disposal personnel to remove all chemicals and a_scxiata~ti glassware, rgwpment, and conwminatrd matenals and w:istrs from the site! st of each seized laboratory: h Dispose of the chemicals, equipment. and contaminated matrnals and wastes at properly licensed disp,~!wl faciliu~s or, when allowable. at properly licensed recycling facilities; ? ~tonitur the transport, disposal, and recycling componenu of subparagraphs numbered S. and 6 immrdtatrly above m order to ensure proper compliance; K Have in place and implernrnt a wTitteat agreement with the responsible state rtiyironmrntal agency. This agreement must provide that the responsibly ,rate environmental agency agrees to iii timely evaluate the environmental condition at and around the site ofa closed clandestine laburaton and iii) ecK>rdtna[e with the respunstblr party, property owner. or other to insure that any residual can[aminauon is remediated, if determined necessary by the state environmental agency and m accordance w nh existing state and federal reyuirrmrnts: and 9 Have in place and implement a written agreement with the responsible state or kxal srn•ice agencies to properh respond to any minor, as defined by state law, at the stir. This agtt~ment must ensure immediate response by qualified perwnnel who can 1 i) respond to the potential health nerds of any minor at the site: 1 u i take that minor into protretiv e custody unles.. the minor a cnmmally im~uhcd in the meth lab acnviues or is sub~rct W arrest for other cnmmal violations: tiii) ensure immediate medical testing fur mrthamphetamine toxicity; and (iv) arrange for any follow-up medical tesu, rxaminatiims, in health cart made necessary as a result of methamphetamine toxicity. OJP FORM S[Mrn ? i RE V 3-Ittl 1 __ __ _ _ Department of Justice Office ofJasucr Programs AWARD CONT[NUATl01 Bureau of Justice SHEET rat .[ t,F Assistance Grant --- _ PROIGCT Ntx1HER ',OU7-I)L87i-nsI1H Aw.~R[l DAtB UN _'U _'1X1 SYF.C'JaL CON'U/TlQtiti R. 'The reciptent agrees to suborn to BJA fur review and approval anY curncula, framing materials, or any other written materials [hat will br put+hshed, including web-based materials and web sue content, through funds from this grant at bast thirty (it)) working days prior to the targeted dissrmmauon dart. 9, Tu avo[d dupliraung existing networks or IT systsms in any initiatives funded by BJ:1 for law enforcement intimnanon sharing systems which involve interstate connrcuvity between Jurisdiction, such systems shall employ, to the rxtem possible, existing networks as the communication backbone u> achieve mtrrstatc connrctivin, unless the granter can demonstrate to the sa[isfacUUn of BJA that this requirement would not be cost rffrcuve or w~+uld impart the funchunaliro of an existing ur proposed IT system. 10. To suppon public safety and jusfice informanon sharing, i71P regwres the granter to use the National Infonrtauun Exchange'.Mcxirl (NIE'.M) spee[fieauons and gwdrlinrs for this partieulargrant Grantcxt shall publish and make available without rrstncuon all srhrmas generated as a result of this grant to flit romp[mrm registry as specified in the guideGnrs. Eur more infornation on wmpfiance with this special condition. visit Mtp: www.niem.gov'implementatiunguidr.php. 11. Thr reaptrnt is required ro establish a trust fund account. t'Fhe trust fund may ur may nut be an interest-bearing account.) Thr fund may not be used to pay drbt_c incurred by other activities beyond the scope of the Edward Byme ?Memorial Justice :t[ssistancr Grant Program IJAG} The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest coined) during the period o1`the gran[. Grant fund.; (including any in[erest earned) not expended by the end of flit grant peritxl must br returned to the Bureau of lustier Assistance nu later than p0 days after the end of the grant period, along with flit finale submtsstun of the financial Status Re{xtrt {SF-~64}. 12. Thr grantee agrrrs to comply w rch all reporting, data collection and evaluation requirements, as prescrifsrd by the BJA in the pntgrsun guidance fur flit Justice Assistance Grant (1AG}_ Compliance with these requirements wiVl be monuored by B1A 13. Thr reapirnt agrees that any information technology system funded or supported by OJP Funds will comply with 2R C,F' R. Part 23, Criminal Intelligence Systems Operating Policies. if OJP determines th[s regulation to be apphcablr. Should OJP determine 2R C.F.R. Part 33 to be applicable, O1P rrtay, at its discretion, perform audio of the systrnt, as per 3R CF.R, 23 ~tNg). Shuutd any ciolauon of 2R ('.F R. Part 2± tutor, the recipient may br fined as per 42 l.'S.C'. i?BVg(c)-Idt Recipient may nut satisfy such a tine with federal funds. 14. Thr recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program incumr must br a. cuumed for and used for the purposes under the conditions applicable for the use of fund:: under this award, including the etTrctivr edition of the C)JF financial Ciuide and, as applicable, tither { I t 2$ C'.F R, part (.6 ur i'_'I '_R C.F R part ?0 and O'~1B Circular A• 1 10, Further, the use of program income must br shown on the quarterly Financial Status Report, SF?69. 15. Thr recipient agrees to ensure that the State information Tcx:hnology Point of Contact receives written notification regarding any inti+mtafiutt technology project funded try th[s grant during the obhgauon and expenditure period. This is to facilitate communication among fora( and state governmental enufies regarding various informaton technology projects being conducted wuh these grant funds. 1n addition, the recipient agrrrs to maintain an admmtstratiye tilt documennng the meeting of this requirement. For a list of Starr Intirrmauon T'rchnology Paints of Contact. go to http. www.oip.usdoj.gov ecstates htm. 16. Granter agrrrs w comply with the requirements of`2S C.F.R. Part 4C+ and alI Office of Justice Programs policies and pnurdures regarding the protection of human research soh}rcts, including obtainment of Institutional Rrvtew Board approval, if appropriate. and subJect informed consent. OJP FORM iOlKl? t REx' 3-XZ; i __ _ Department ofJustice Offtct of Justice Programs AWARD CONTINUATION Bureau otJustice SHEET P.AC;e ~ oe s Assistance Grant _ - _ - ~ - __ PR(1JE(T NCMHFR 1(N)'-DJ-HX-OHW~ AWARD DA T6 ON ?tl. aln7 SPECIAL C'IJNDT"J70Ar'S 17, Grenta agrees to comply with all confidentraGty requirctttrnts of A2 U.S.C. section 37848 and 2R C.F.R. Pact 22 that are applicable to collection, use, and revelation of daea or tnformatron. Grantee further agrees, as a condition of gram approval. to submit a Privacy Certificate that is in accord with regtnrements of 28 C.F.R. Pats 22 and, in pamcular, xcuon 22.23. 18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this programis). Natrona! origin discrimination includes discrimination on the basis of limited English proficiency tLFP). To ensure compliance with Title V I and the Sate Streets Act, recipients are regwre(i to take reasonable steps to ensure that LEP persons have meaningful access to their programs. `leaningful access may entail providing language assistance services, including oral and written translat)on when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title 4'I requirements. The guidance d(rcument can be accessed on the Internet at www.lrp.gov " l9. Recipiem agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any Local jail. Recipient further agrees not to subaward funds to kxal Jails which operate "psy-ta-stay'° programs. 20. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, nffice of Justice Programs 1 BJA) has received doctunentation demonstrating that the state or local governing body review andfor community notification requiremrnts have been met and has issued a Grant Adjustment Notrce (GAN) releasing this special condition. O1P FORM t00U~? (RE'.'. 4-NN) Department of Justice Office of Justice Programs Bureau o f Justice .4ssi stance M'ushengrua_ d)_C. :w7 f,a! Memorandum To: Official Grant File From: Maria Berry, Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages far City of Delray Beach Al] grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: I) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as -ong as the activity is being conducted by the grantee, a subgrantec, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed an ar eligible for Fisting an the National Register of Historic Places ar (b) located within a 100-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, far example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA ofa national car nroiram environmental assessment of that funded program or activity. VVFMI 411GIIl VI J4JtIt.C Office of Jusnce Program, Bureau ~f Justice Assistance Thls project Ix supported under 4? U.S.C'. 3?51(a) (BJA -JAG Fnrmulal I STAFF CONTACT Game & telephone number) Naydinc Fulwn-Jones (?02) 514-!>(+61 GRANT MANAGER'S MEMORAN PROJECT SUMMARY Grant ___- PROJECT Nl'MBFR P! ?00?-D1-BX-(1509 _ ____ -_- PROJECT D[RECTOR (Name„uWrrss Ai telephone numt Sharon L'Hcrrou Administrative Offterr 300 W Atlantic Av Eklray Brach. FL 33Sa3-3b95 1561)?43-?N52 __ 3a. TITLE OF THE PROGRAM 3b POMS CODE (SF.E I '_(N)7 Justice Axslstantt Grant Program UN RF,VERSE) S. TITLE OF PROJECT Holiday Robbery' Task Force 5 NAME & ADDRESS OF (iR.4NTEE h NAME & ADRF.SS OF SUBGRANTEF City of Delray Beach 300 Went Adantir Avenue Delray Beach, FL 33d4i ' PROGRAM PERIOD R BUIXiET PER10D FROM- lO:OL~O(H, TO 09'302010 FROM: 10~012W6 TO: 09r30~201C 9 AMOUNT OF AWARp 10. DATE OF AIM1ARD S 60.576 Oti~20;3001 I I SECOND YEAR'S BLDCiET 12 SECOND YEAR'S BUDGET AMOL NT I i THIRD YEAR'S BUDGET PERIOD 14 THIRD Y'EAR'S BUD(iF7 4MOUNT 15 SUMMARY DESCRIPTION OF PROJECT (Sce instruction on rrvrrsr) The Edward Byrne Mrmonal Justice Assistance Grant Program l1AGf alMu~s states, tubes, and local governments to suppott a broad range vt;Yaruuctu ~r ~twu~c OtTice of )usttce Program, Bureau c]fJustice Assistance _ _. _- . T]tis proirct is supported under 42 li-S.C_ 3?51(a) (BJ,4 -JAG Formulal I STAFF C'ONT.ACT (Name & telephone number) Naydine Fulwn-Jones (3(12) 514-6(~1 3a. TITLE OF THE PROGRAM 200? Justice Assistance <irant Program 4. TITLE OF PROJECT Holiday Robbery Task Foree S NAME & ADDRESS OF GRANTEE City o1 Drlroy Beach 300 West Atlantic Avenue Delray Brach, FL 33444 7 PROGRAM PERIOD FROM: 10:012006 TO: (19.'302010 4 AMOUNT OF AWARD 5 MJ,S?6 __ -- --- - I SECC]\D YEAR'S BIDCiET GRANT MANAGER'S MEMORAN PROJECT SUMMARY Grant PROJECT Nl MBER 200?-DJ-B\-0504 P~ '_ PROJECT DIRECTOR INamr, addres> & telephone numt Sharon L'Herrou Admmistronve OtTicer 300 W' A[lannc Av Delray Beach, FL 33J44-3695 (561}243-?gS2 3b POhJS CODE (SEE 1 ON REVERSE) n. NAME & ADRESS OF SUBGRA\TEE K BtiDGET PERIOD FROM: l0;OP20t)6 TO: 09'30'201f __ - __ IU. DATE OF' AWARD (IK;20~20t}7 12 SECOND YEAR S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD Y'E.AR S BI;D(iET 4h10UNT I S SUMMARY DF,SCRIPTION OF PROJECT (See instruction tin rrverx} The Edward Byme Alemonal Justice Assistance Grant Prograzn (JAG I allows sates. tnbcs, and local gavrrnments w support a broad range __ Department oflustice GRANT MANAGER'S MEMORANDUM, PT. L• Office of Justice Program PROJECT SUMMARY Bureau of Justice Assistancr Grant ..PROJEC`T Nl'A18ER _.~ .. - _... _ _.. PAGE 1 OF I .'O(J7-DI-BX-0309 Thrs pro)ert is suplxned under 3? C.S.C'. 3?3 t(al (B1A -JAG Formula) ' __ ___ I STAFF ('ONTA('T tNamr At mlel+horle number! '_. PROTECT D[REC"TOR Itiame, address & tekphune nucttl+er) tsM1aydllx Fulwn-lanes Sharon I,'Hcnuu !?0? 1 314-6M1h I Admtnistruive OfTiccr 3W W'. Atlantic Av Orltav Beach. F4 3}.y14-:n95 13611243?R32 3a TiTt.E OF THE PROGRAM ZW? lu ace .Aurstarxe Cirant Program 4. TITLE OF PROJF.C? '. Holiday Robbery Task Force _._ _ ~ -_. 3 NAME & ADDRFS5 OF CiRAN7EE City of Delray Brach 301) West Atlantic Avenue Defray Brach. FL 3344.4 36. POMS CODE tSEE [N5TRCCT10N5 ON REV€RSFI _. h.hAMF. & .ADRESS OF SCBGRA NTfiF --- PROGRAM PERIOD -__. g. BL:DGET PERIOD FROM. l001 ?fMN+ TO 09.'3tk20tp FROM- 14rO12Wb T 9 AMOI: NT OF AWARD l0. DATE OF .4W'ARD S to-5?G OR;2(k WW1 __. _ -- ' ll SECONDI"EAR'SBUDGET 1_'.5FCONDYE.AR'5B1:[XrFT.AMOCNT 13. TTEIRD YEARS BL'DCiET PERIOD ................... _._ _. t4 THIRD YEAR'S BliD(iET AMOL"~T O'. [Yd 30.2fJlU '. ____. - _ _ I5. Sl,'MMARY DESCRIPTION OF PR<)JE<T l5ee Insttucunn .>r. reverse) The Edward Byme Memcmal Justice AssisWtce Grans Program UAGj albws 6utes, robes. and local gnvemmrnts w su(rpt?rt a br~i tango of acuvrcio w prevent and convol mme based at then uw~ heal neuta and cundluons. Grant turtda can 6e used fur uate and local Inntauves. technical assistance. trammg, perwtmel, egmpment, supplrcs-contractual wppan, and Infnrmatton sysuems for cnmanal Justwe for any one or mutt of the f~lJowmg purpose areas 19 Taw enfnreettxnt pragrams. 21 prosecution and court pmgmm: 3) prevention acid education programs 41 corrctiorn and community ciirrecnon. programs: 3) drug tteatmrnt progzams-, and hl planning, rsahlatum_ :rod tee hnclogy Improvement prngratns OJP FORM 401)U'2 (REV. 4-881 Tire City of Dekay Brach will utilize thnr Focal Yeu Z00? JAG funds to pay of3`icars uverutne to rnitxx and doer robberxs during the holiday suson. Furods will alsn be used to purchase vicka'audio equipment to record street. keel drug, and other criminal uuvity. '. VCA.'!<CF Date: 9.' I2/07 AGENDA ITEM NUMBER: __ ~~~~ t' ~ ~,; 6j, 444 AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda _ Workshop Agenda -Special Agenda When: September 18.2007 Description of agenda item {who, what, where, how much): The Delray Beach Police Department has received notification that our application for funding from the Bureau of Justice Assistance (BjA), justice Assistance Grant (JAG) for federal fiscal year FY07-O8 in the amount of $60,576.00 has been accepted. This is a renewal of a grant we have received for the last several years, and there is no match requirement. The funds were requested to support the Holiday Robbery Task Force, as in prior years. The Department requests Commission approval to accept .this award. Departmrnt Head Signature: ~ ~ ~~i 2~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number(s): Description: Account Balance: Funding Alternatives: N/A (if applicable) City Manager Review: ~~°°~~ Approved for Agenda: jYe~// No Initials: Hold Until: ~~// Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: SEPTEMBER 10, 2007 SUBJECT: AGENDA ITEM # ~ • {"~ -REGULAR MEETING OF SEPTEMBER 1~ SPECIAL EVENT REQUEST - 8TH ANNUAL DOWNTOWN DELRAY THANKSGIVING WEEKEND ART FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 8`~' Annual Downtown Delray Thanksgiving Weekend Art Fest to be held on November 24 - 25, 2007 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 2nd Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of NE 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security and barricading. BACKGROUND Attached is a request and permit application from Howard Alan Events, Ltd. for this event. Part of the proceeds will shared with the Downtown Marketing Cooperative. The City is requested to provide police traffic control and security for this event. In addition, City staff will install and remove barricades and a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, and port-o-lets. We will work with sponsor to try to reduce City costs through the use of private security for night time shifts. The estimated cost for overtime is $5,220 and barricade rental is $300. The budget for this event, certificate of insurance, and site plan are attached. Signage per LDR's Section 4.6.7(D)(3)(j)(i) can be installed 10 days prior to the event and must be under 20 square feet. Per event policies and procedures, the event sponsor will pay all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for street closure and use of City Hall parking lot, approval of staff support for police traffic control and security, barricading and Fire Inspector with the sponsor paying all overtime costs. This is conditional on the receipt of an executed Hold Harmless Agreement. RAB/db Attachment U:lwwdatalEvents~Howazd Alan Craft Festivall?.genda Item Re 8th Annual Downtown Delray Thanksgiving Weekend Nov 2007.doc ~ - - - - - -- .. --.~..- i i~rrrvw r~~ni i rHL7G CJL ~QL~~~~ ~'i~ // `~ ~~ 11Yt197'IC9'8 B99t14rt8110W8 EVENTS, LTO. ~ Augu,~t 14, 2007 Mr. Robert Bareinaki Asst. City Manager CJTX OF DEl:.ItAX 100 NW 1"Avcnuc Delray Beach, F.l. 33444 Dear Mr. Bascinski: We are plarming for the gth 24~` and 25`x, 2007 at Pineapple Grove an NE 2f° Avenue. Please be advised that the following tentative logistics fox tt~e 8~' A4nnual DowrAtown Delray Beaclx Thanksgiving Weekend Art Festival will be arranged: STREET CLOSURE': Bob's Barricades will drop off. batricades on Friday, Noverpbex 23rd anal our etoployees wi li set them, up early on Saturday morning, unless we arc advised that the City of Delray will again order the barricades and set them up. POLICE: The Delray Police Department will arrange for polic;c and security from loam to Spm on Saturday and Sunday and overnight security officers oa Saturday from. 6pm to barn. PORT O LETS: 3 regular and 1 handicap post o ]et wi,Xl be ordered Yllrouglt ABLE SANI;TA,TiON and wi.11 be dropped off on Friday, November 23, 2007 and will be picked up an Monday, November 26, 2007 with servicing o~n. Sunday, November z5tb, 2007_ Whey will. be placed on tlae north side of 3'd Street, approximately 50 feet north of Pineapple Grove (NE 21'fD AFL) and-on the grass Swale area. DUMPSTER: A 20 yard roll off dumpater is ordered from WASTE MANAGEMENT and will be placed next to the post o lets as Hoped above. 1t will be dropped o~on Friday and picked up on Monday as well. TRASH RECBI'TACLES: Trash receptacles will. be supplied anal maintained by crux professional clean up crew (TENTS 4 EVENTS). They will handle clean up of the trash throughout the area each day. VENDOR PARKING: Parking will be at C1TX HALL at 1.00 NW 1 `~`~ Avenue 1NSURANCIr: Ci,ty.required certificates will be issued. As always, we greatly appreciate your great help and tirzle that you put into these e;vEnts. T.f you have any questions, please feel free to call me at 954 472 3755 Sincerely, 'Perri Phillips Operations Director/Artist Liaiao~o 9696 W. froward Blvc1., Plantation, FL 33324 Of#"ice~ 954-4?2-3755 Fax: 954-472-3891 F e o c i e ~ City of Delray Beach ~~~" Special Event Permit Application PLEASE PRINT 2001 Event Approved/Denied .Date of Approval/Denial Approved/Denied by Title 1. .Event Name/Title: ~•`" AnhycLi "DowrltO~-~_in_ x+21 r'(',t,~i F,.oacr, `fh o~nKSgiv ~ n 2. Event Date(s): Ev nt Times}; ~v.~kend ~~+ FeS't Nc1yP.~cYlb r 24 ~ 25 20n~ Sexty~dc~,~ ~ Sunda,c ~ tpam - Spr 3. Event Sponsor/Producer: 4. Event Contact/Coordinator: Howard Ataln Evt?n 5. Address: q~4~ W • ~rawa-ra 31y tl ~c~x~~c~ ~n . ~ ~ 3332u 6. Telephone Number: C4s~~~~2 - 3~SS Cellular Number: Cc~u) tetel - (338 7. E-mail Address: o~~nound~ @ ar-+~f~tiyG11.t0~" 8. Event Description: cx~-door i st'iCd hrr} ~ei-'r (If neighborhood block party, then please skip questions #70-35 and go to question #3B) 9. Sponsor Category: (please check) City ^ Non-Profit/Charitable ^ Private Co- Sponsor -Non-Profit/Frivate ^ (If Non-profit attach proof of 50t c(3), c(4}, c(8), c(10) or c(19)} 10. Event Location/Address: v m Q p~r~e w C-th fx -t-• tr Wv .~` s~lOr+h. o F n(F. 3rd ~roo k ~n 'Ain~cnc~\Q C-~~[rfe Site plan attached: yes~_ no (Site plan required for entire event site) 12. Event budget attached: yes_~ no (Required for all events) 13. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) / 14. Event certificate of insurance attached: yes ~/ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) r 15. Playing of amplified music: yes ' no V (Waiver required) 16. Requesting Police-assistance: yes f no (Traffic controUsecurity) 17. Will supplement with private security: yes no_~ (!f yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no~_ 19. Requesting barricade assistance : C,~ yes_~,[_ no 20. Requesting trash removal/clean up assistance: yes no ./' 21. Requesting trash boxes and liners: yes no / 22. Requesting stage use: yes nom (If yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : yes no Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to ev nt) ~ 24. Food and beverage vendors: yes ~ no If yes, please provide the approximate number,. as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event -~-~ ve. ~~ Ci Y • 'A-~~~~n u -~~~r 'R~~rrni~ 25. Health Department approval: (see attached) yes no c ~ ~a) 26. Other vendors: yes no ,/ 27. Tents: yes~~ no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no ~/ (lf yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no / (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no~~ (If yes, contact Fire Marshall) / 31. Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshal!) '/ 32. Will you be providing port-a-lets for the event? yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) f 33. Will there be a charge for the event? yes no (If yes, indicate ticket prices) J 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 35. Neighborhood Block Parties block • Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2} Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5} meowners Association will be required to pay all ,.,overtime co that may be incurred as a result of City staff involved in the ~ntractorlCoordinator print• -4tdWarc~ IR~_ ~~. ®~- Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. For Staff Use Only .,~. Date Received .~,a ia~ Application fee received $ ~~d~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 ~ n.rrvrow n~niY ~I NJFRIG,d'S FINEST ~ ~ ~~~ Q +~ ~~ ~ a • ~~ -~nn v ~+ l ~s~~ r'Hl7G G3 •~~<<~~~~~ a~~ ash ^a~~; 1'~v w n~iwr~ ~~ ~ r ~ ~~ ^~ww~>.~^^^~ ~uII1jJ5tCx s' ~L1~}~~ . ~.•- Port-O- Let ,:`" ~a~~'~ t-~.T •9695 W. 13ROWA•RD B.C.Vll. . PLANTATIpN, ~i,0Ii1llA 33324 (9.54) 4?2-3155 i+A7I' (954) 47'1-389'1. www. artfeatival. com ~rj'C.t9(~ i ~C, ~~1~.~~ '~ . ,~ , .~ I H\.IL V Y ~~ ~. ~ ~T!~~ ~~ ~~ ~ ~ ~ ~dN~-rj I A ~ ~'r A ~ ~ . ~~ - ^ i 1. . . ~~ ~ ~~ Qf 5~~ e ~~~ ~ ~ ~~ : ~ I ^ ^ ^ ~j ~ ~ tih~9ervoaalo~p ~ : ~~~ r t~lc``+ i0 Crt~ SP~'~~' ~; ~ ~-~'~ i 1 ~ I • ~ _ : o. i ~ .P .~ ,~ L,. , .~.. .~ ~:~ F "'~ i ~~ . w 'L ~ ~ ~ ^ ~~ ~ ^ A t,u(}~ A A N - ^ ^ • ^ ~ A A ^ ~ ~ : ~S~ r~~ne~ f ` ~~ _ . s ~~ ~.,-~~~ .+.+~ ~+s.... ... J.ATTf L.VV J1 IIVWFiRL FiLH1Y ~ _ r ~~~ s ~~. . s,~-~. ~ Own >r s L 1 ~. .~ ~ ~ ~ ~ . ~ ~~ ~„~ ~. _ !.. ~,. ~'~~ rHUC CJ~ +~n,~ on g~~~~ ~~`C~1.5 ~v~ . Mt00~ ~ l a~1c poxt-O- Let~i~s~ sw~r~~ VVf tYf GUUf Ul. lU 7:J44f GJO71 ~ *~ ~ r w ~ w . --~~-.rrr~~.. lieesrR~o~k' . •~ '. ~~ ~- i~ -- .~' ~' ~ ~~ a 4 NE .3~~_ _ ~ •~. I'IIJWHKU HLHIY a ~~~• ~c~ f' rHUt ego T_~.(1 C' ~('~.gJ SWg1L ilnmr~etar ...., ~ ~. ~.,.. ~ ~~ . ~ ~, ~.,-r-r r ~.,~, ~~ nuwr-tt[JJ r-i~wiv I-'HUt G f D ~~~c~`~ ^ ^ ^ ^ ^ ^ ~~ ~^ ~w ~^ i^ G('~SSwGC.L/ '~~xX ~~ Howard Alan Events 8th Annual Downton .Delray Thanksgiving Weekend Art Festival November 24 & 25, 2007 PROPOSED BUDGET FOR November 2007 INCOME: Artist Revenue $64,125 Food Vendor Revenue $3,900 Total Revenue $68,025 EXPENSES: Advertisin Boca Raton News Ex ense $708.50 Palm Beach Post Ex ense $2,543.57 South Florida News a er Ex ense $715.00 Sun Sentinel Ex ense $8,274.90 WPEC CHANNEL 12 Ex ense $7,500.00 Sun Sentinel Charities Ad Pro ram Ex ense $2,500.00 Advertisin SubTotal $22,241.97 Services Permit Palm Beach Count Health Ex ense $25.00 Si "na a AA Si n Lines Ex ense $942.72 Sanitation Able Sanitation- ortolets Ex ense $671.00 Sanitation - 2 30 d dum sters Southern Waste S t. -dum ster Ex ense $950.00 Sanitation Pro Fest Ex ense $2,100.00 Barricades Bob's Barricades Ex ense $515.00 Cit of Delra , O/T barricade set u Ci Of Delra Beach Ex ense $325.00 Securit Ci Of Delra Beach Ex ense $3,983.00 Rentals Pro Fest Ex ense $1,400.00 Gra hics for advertisin Ex ense Ex ense $125.00 Pa roll Staff Ex ense $1,200.00 Rental Pro ert Delra Joint Venture Ex ense $15,000.00 Lod in sand meals, travel Ex ense $650.00 Media Related Ex enses Ex ense $1,208.00 Two Million Dollar liabilit ins olic Ex ense $425.00 Administrative Overhead tele hone, mailin s,etc Ex ense $1,100.00 Entertainment $3,000.00 Misc. ex ense $900.00 Service SubTotal $34,519.72 Total Expenses $56,761.69 Show Profit $11,263.31 AMB CERTIFICATE OF INSURANCE IssuEDA 1330440 2/ 6 0 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY K & K Insurance Group, Inc . AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P.O. BOx 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY Q- LETTER GREAT AMERICAN ASSURANCE COMPA HOWARD ALAN EVENTS LTD (SEE GAI3001) 9695 W. BROWARD BLVD. COMPANY B PLANTATION FL 33324 LETTER , COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED, TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC=NOT COVERED CO OLICYEFFECTIVE POLICY EXPIRATION . TYPE OF INSURANCE POLICY NUMBER ATE (1NM/DD/YY) DATE (MvWDlW) LIMITS (in thousands) LTR General Liability 12 : O lAM 12 : O lAM General Aggregate $ NONE p, ©CommercialGeneralLiability PAC0788942205 3/05/07. 3/05/08 Products-CompJOpsAggregate $ 5000 ^ Claims Made ®OCCUr. Personal & Advertising Injury $ 100 0 ^ Owner's & contractors Prot. Each Occurrence $. 1000 ® .B7, ~ y 7 MTT,T,~ Flre Damage (Any one fire) $ 300 $2MILL Medical F~ense (Arty one person} $ 5 Participant Legal Liability . $ NC Automobile Liability 12 c O lAM 12 • O lAM Combined e A ^Anyauto PAC0788942205 3/05/07 3/05/08 Limt $ 1000 All owned autos ~ih' Scheduled autos I j ry $ r rson ®Hired autos Bodily Non-owned autos Injury $ r a cident ^ Garage Liability Property ^ Damage $ Excess Liability 12 : OlAM 12 : O lAM Each Occurrence aggregate A ~ FOLLOWING FORM EXC0788942305 3/05/07 3/05/08 ® Other than Umbrella form $ 10 0 0 $ 10 0 0 Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease-Policy Limit $ Disease-Each Em to AD&D $ Participant Prima Medicai $ Accident Excess AAedical $ Wee Indemni $ X DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CERT HOLDER IS LISTED AS AN ADDITIONAL. INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. CG2024 SEE ATTACHED ADDENDUM FOR EVENT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE DELRAY BEACH DOWNTOWN CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MARKETING COOPERATIVE ISSUING COMPANY WILL ENDEAVOR TO MAIL _~Q_ DAYS 64 -A SE 5TH AVENUE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO DELRAY BEACH, FL 33483 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE N0 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIV S. AUTHORIZED REPRESENTATIVE ~--°1 r' r /J f[ i.wr ! SL39 r ~ i ~ \ 7-yL A D D E N D U M P A G E F O R C E R T I F I C A T E K & K INSURANCE GROUP, INC. CERTIFICATE: 1330440 DATE ISSUED: 2/26/07 ACCOUNT NAME: HOWARD ALAN EVENTS LTD (SEE GAI3001) TYPE OF INSURANCE: POLICY NUMBER: GENERAL LIABILITY PAC0788942205 AUTOMOBILE LIABILITY PAC0788942205 EXCESS LIABILITY EXC0788942305 RE: 8TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND AR'L.FESTIVAL 11/24-11/25/07 AMB CERTIFICATE OF INSURANCE IssuEDA 6/07 1330442 2/2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY IC & K Insurance Group, Inc . AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE DOES .NOT AMEND, EXTEND OR ALTER THE P.O. SOX 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wayne, In 46801 COMPANIES AFFORDING COVERAGE INSURED COMPANY A LETTER GREAT AMERICAN ASSURANCE COMPA HOWARD ALAN EVENTS LTD (SEE GAI3001) 9695 W. BROWARD BLVD. COMPANY B PLANTATION FL 33324 LETTER , COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC=NOT COVERED CO L.ICY EFFECTIVE POLICY EXPIRATION . TYPE OF INSURANCE PoucY NUMBER DATE (MM/DD/YY) DATE (NnNDD/Y'0 LIMITS (in thousands) LTR General Liability 12 : O lAM 12 • 01AM Generel Aggregate $ NONE A ©Commercial General Liability PAC 0 7 8 8 94 2 2 0 5 3/ 0 5/ 0 7 3/ 0 5/ 0 8` Products-Complops Aggregate $ 5 0 0 0 ^ Claims Made ®Occur. Personal 8 Advertising Injury $ 10 0 0 ^ Owner's & contractors Prot. Each occurrence $ 1000 ® FRi, a $'1 MTLT,,~ Fire Damage (Any one fire) $ 3 00 $2MILL Medical Expense (Any one person) . $ Participant Legal Liablliiy $ NC Automobile Liability 12 : O lAM 12 : OlAM Combined Single A A auto ^ ny PAC0788942205 3/05/07 3/05/08 Limit $ 1000 All owned autos a ury 8 Scheduled autos j $ r rson ®Hired autos Bodiy Non-owned autos Injury $ r accident ^ Garage Liability Property ^ Damage Excess Liability 12 : O lAM 12 : O lAM Each Aggregate A ~ FOLLOWING FORM EXC0788942305 3/05/07 3/05/08 Occurrence ®Other than Umbrella form $ 10 0 0 $ 10 0 0 Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease-Pdicy Limk $ Disuse-Each Em to AD&D - $ Participant Prima Medical $ Accident Excess Medical $ Wee Indemni $ X DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CERT HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. CG2024 SEE ATTACHED ADDENDUM FOR EVENT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 10 0 NW 1ST AVE. ISSUING COMPANY WILL ENDEAVOR TO MAIL ~~ DAYS DELRAY BEACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER- NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRES TATIVES. AUTHORIZED REPRESENT lr~V / , SL3y ~ `~...J ~ lam/ "I -`JL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINKSI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: SEPTEMBER 10, 2007 SUBJECT: AGENDA ITEM # Cl• ~ -REGULAR MEETING OF SEPTEMBER 18, 2007 SPECIAL EVENT REQUEST -TURKEY TROT ITEM BEFORE COMMISSION City Commission is requested to endorse the 21St Annual Turkey Trot sponsored by the Parks and Recreation Department to be held on November 17, 2007 from 5:00 a.m. to approximately 9:00 a.m. Commission is also requested to grant a temporary use permit per LDR's section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and to authorize staff support for traffic control, barricading, clean up, use of half of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 7:00 a.m. until approximately 10:00 a.m. BACKGROUND Attached is a permit request received from Danielle Beardsley, Marketing Coordinator, for this event, along with an event map, budget and other information. The event proceeds will benefit the Keith Straghn Feed the Hungry Thanksgiving Drive. The estimated overtime cost for this event is $2,950, stage rental $265, barricade rental $55 and trash box purchase $70. Per event policies and procedures, since this is a City sponsored event, there will be no charges for staff overtime or rental costs. The City is self insured. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, and waiver of the parking meter fees from 7:00 a.m. until 10:00 a.m. for Sandoway Park, Ingraham Park, Anchor Park and along Atlantic Avenue from Venetian to A-1-A. RAB/db Attachment U:lwwdata~EventslTurkey TrotlAgenda Item Approval Turkey Trot 2007.doc ~'~, City of Delray Beach ~`~ Special Event Permit i + i Application PLEASE PRINT 7993 2001 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: C~/ s~~j'1J7llC.i ~ 7,U1 ~P~/ ~~()~ 2. Event Date(s): Event Time(s): 3. 4. 5. 6. 7. 8. 9. 10. Event Sponsor/Producer: Event Contact/Coordinator: Address: St r ~ Telephone Number: Cellul r Number: fola5 /D7~ E-mail Address: r t Event Description: ~ (If neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City Non-Profit/Charitable ^ Private ^ Co- Sponsor -Non-Profit/Private ^ (If Non-profit attach proof of 501 c(3), c(4), c(6), c(10 or c(19)) Event Location/Address: ~'m/riy ~/,LI';~,..~3S~b ~ (~~CLn ~/~. Site plan attached: yes no 12. (Sife plan required for entire event site) Event budget attached: yes~_ no 13 (Required for all events) es: bevera h li lli l i S es no~ . g o c ng or se ng a co erv y (!f yes, copy of license and alcohol liabilify insurance required two (2) weeks prior 14. to event) Event certificate of insurance attached: yes no( ~~~D~'~~"" also ~SC~ElhLGI` nal insured dditi th Cit i t i nam ng or to even (Required fwo (2) weeks pr , y as a o e required for vendors) 15. Playing of amplified music: yes no~_ 16. (Waiver required) Requesting Police assistance: yes~_ no (Traffic control/security ~d 17. Will supplement with private security: yes no~ 1 (!f yes, need plan attached) l i t '~ R i E M di ~ 8. ance: yes_ equest ng mergency e ca ass s no 19. Requesting barricade assistance yes~_ no 20. Requesting trash removallclean up assistance: yes,~~ no 21. Requesting trash boxes and liners: yesX no 22. Requesting stage use: yes J~ ` no (If yes, check type) T~ Large age covered ^ Large stage no cover ^ Small stage ^ Half small stage 23. Requesting signage : yes ' ' ~ ~ no Directional sign Type: Event sign (4 x4 ) Banner hanging Indicate dates required v (Waiver required if more than one (1) week prior to event) 24. Food and beverage vendors: yes no~ If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes no~ 26. Other vendors: yes no X 27. Tents: yeses ~ no Tneeded) (If yes, tent permits and fire inspections maybe 28. Will the event include amusement rides? requiring state approval? yes no~ (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no 30. (Show on-site map) Will there be fireworks or other pyrotechnics? yes no_~_ 31. (If yes, contact Fire Marshall) Will there be cooking with compressed gas? yes no~ (Jf yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? yes no~ (If yes, locate on-site map. If no, indicate how you will handle restroom 33. needs) Will there be a charge for the event? yes no 34. (lf yes, indicate ticket prices) ~ ~~~~ Is reserved parking requested? yes no~_ (lf yes, indicate locations) 2 35 hborhood Block Parties event. block • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application musf also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) . block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the Event Contracto oor 'nator f _ Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444.- For Staff Use Only Date Received ~/~aJa7 Application fee received $ ~~~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval :i'~' ~\~ -~ W ~. a ,. 1 ~~ G F i r!~ ' 11• _ ST ~ i!E- 10 ST rt _ r..c,f i•JE 9 ST_ zrl ~~ ~ • Ter ~ 'r ~'~ ~2 er N E ~ - a A Ct ~~ 4 N EF~'`c ` 5 St ~, POSf~ IS~C Q ~" ~ - W I •~ E; • - 3 • _Q w - ~ Q M NE Z Sl_VD a w z ~N ° ~ Q ` J N E ~ `~ i - -ld~ w Ol 1 ~ c I z ~O C r' ~ `.~ ~Cin~ AR IESV.I ~ fE wv-~ a W W a a SE N SE w ', SE w ~Cof ~'.® lA DEVITT ~ 1 Li ~ •W w QQ 1 2 ~ r~ ~• E t W ~ w i ~ .t S E 4 ~i S E j _ 5 - S T SE 6 ST S E .SE 7 ~ ~ W > w > ~ UVIIU _.~u l~ y ~G .-~ _., ~h'itherspcai l~ ~ Mc~ee c~ Q ~ a a~~ ~ ~'^1 HarboL~~~~ I s~F~id_ den~c Q ~ arc Ha bor) Q ~d Driftavood Landing Pelican-La - NE 7 Ct;f~'~~ ?, ~..~ 'restwoo _j~~ ' '"83 E "- -• --- f~ 6 ST ci -~ Harbor _ __ DDr_ NE 5 St (stand-Dr i w LL' ~ z ~-c ~ z a each Q Dr - - SEASPRAYa~ AV w > L WAYQ ~ .~ LAV Sa ~ Q Q ~ ., WATER ~ N~ Lain ~ J o Sfi ST Vesta peI ,M r~ ~ ~ ~ ~ s) ( I M ~' ta De Vls _ Z a ~ • 1 Thomas St ST -Q. W z iv E 1 Ct BASIN DR - Q~ p ST -~j 1_OWCy.. ~ ~ == -Atlantic, rs; -a ~ St ~ CL L ® .n ~ Fire ~ ~ ~ ~•.•••:s ~. Y•.,--~ Veterans ~ ~ .o Plaza,l,P_ark/ ,~' cii 16 ~ 5ta . W N Elll JWAYORT` N ~ ~ ~ Q c ~ ~ • ~0 ~ Q Q ~ ~ ~ -L c O C~ ~ N ST a o ~ ~ ~ ~ ~ r ~ ~~ ~ ~ ~ m COCONUT ST ~ ~ ~ In graha mRDAve cc ~ c Ocean cwi~ ~ ~ ~ Nassa u `StT T ~' ~~ Ba St Yacht danger - 4 ST f ia~i n- Way ~•x ar ,~ Casuarina - ~ J p BU C!~ 1 ~ ~ Metal ~~ C Rd ssa °J Ta marind Rd ST - ~ ~ Rd - ~ ~ a ` ~`a ~ Ral inia ~~e `~ a - _~ •M M ~~ A - ~~ : ,t.~,~~srR.l ~~ ~/~ CzwZ ~~~4U~- ar D r ~~`'~ ~~~ ~~ ~ .~ ~ _~~ T E~+ ~~ ~~t ~ ,t, ~L ~~ ~ I ~. ~~ ~~~,.~ ~} - s =~~' •'.r1.1 ,y~. ~~~~ .z~3 20th Annual Turkey Trot November 18th, 2006 Beginning Balance -$2,593.00 Revenues Misc. Deposits _____ _____________ ___ ________ $4,074.00 Total Revenues $1,481.00 Expenses Rotary Act. T-Shirts $1,540.00 Misc. $10.00 Refreshments $28.00 Tota! Expenses $1, 578.00 Balance Donation to Keith Straghn -.yap .vv $1, 000.00 End Balance -$1,097.00 Other Expenses out of Budgeted 48.10 Acct. Trophies----------------------------- ------------- $537.90 Split Second Timing _ ____ _____ _ _ _________ $2,319.00 Fiesta Tent Rental $327.00 Barricades $350.00 Numbers $182.83 ----- ---------------------------------------- Costco ~ -------- $150.13 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT THROUGH: CITY MANAGER ~~ DATE: SEPTEMBER 13, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPT 18, 2007 FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH/ BEACON CENTER AT VILLAGE ACADEMY AND CHILDREN'S SERVICES COUNCIL FOR FY 07/08 ITEM BEFORE COMMISSION City Commission approval to accept the funded service contracts from Children's Services Council (CSC) in the amount of $769,009 for services provided through the Beacon Center at Village Academy and authorize the execution of the contract between the City and CSC as the fiscal agent for the program. The Beacon Center Services will be carried out by the City's non- profit partner, the Community Child Care Center doing business as Achievement Center for Children and Families. BACKGROUND The City accepted the responsibility as the fiscal agent for programs and funds dedicated for the support of the Beacon Center at Village Academy in 2004 via its non-profit partner, the Achievement Center for Children and Families. This item provides for funding in the amount of $769,009 for Fiscal Year 2007/08. The funding allocation includes social worker services provided through Families First. The program will support 400 students and approximately 200 adults throughout the year. FUNDING SOURCE Children's Services Council of Palm Beach County Inc. RECOMMENDATION Staff is recommending City Commission approval to accept the annual grant in the amount of $769,009 from Children's Service Council for Beacon Center services at Village Academy for FY 07/08 and authorize the execution of the required contract agreement specifying the conditions to be met for services provided. S. M AGREEMENT AGENCY: City of Delray Beach PROGRAM: Beacon Center at Village Academy CONTRACT #: 475 Original Allocation: Effective Period of Agreement: $769,009 From 10/01/2007 Through 9/30/2008 mm/dd/year mm/dd/year The Children's Services Council of Palm Beach County (the "Council"), at its option, may extend the term of this Agreement without reviewing the program hereunder which incorporates the attached Exhibits "A", "B", and "C" for four (4) additional one year periods. The renewal option set forth in this paragraph, however, does not guarantee the Provider that the Council will exercise its renewal option hereunder. Renewal will be determined by the Council, in its sole discretion; this determination will be based in part upon review of the program evaluation and fiscal monitoring of the program. Further information regarding the renewal process inset forth in Exhibit "B". Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties. The parties have caused this Agreement to be executed by their undersigned duly authorized representatives. For the Council: Signa Gaetana D. Ebbole, CEO Children's Services Council of Palm Beach County 1919 North Flagler Drive t:P'~ West Palm Beach, FL 33407 Date: ~~ For the Provider: Signature: Date: Approved as to form and iegai sufficiency ~~.Gity Attorney (~ i~ ~-~ ::ODMAIPCDOCSICSC_DOCS15223611 EXHIBIT "A" Planning, Implementation, Evaluation (PIE) & Worksheets ::ODMA\PCDOCS\CSC DOCS152236\1 ~Z ~_ 0 O d g H D m z v m n n p m W D y ~ TTI ~° o ~ r-F k.J 11 `~;<C~ ~~ ~' ~ m o p', ~ OI, C!~ sl 0 c 0 0 -Op ~_ ~_. ~ .~ ~ ~ a ~ m C7 ~ ~ ~ ~O ~ ~ ~ ." = O m ~ D ~'~O ~~ ~ ~ ~ ~ ~ ~ O ~ n ~ ~ nm ~o~ ~' ~ ~ 3 m m n ~ o 0 ~ c W ~ 3 n ~ n ~ ~, !T~ o .~ o W ~ p N p> n n ~. ~ •C .n.. ~ 0 0 w vii r: phi ~ ~ ~ D ~ ~ n w ~ _ o ~ o ~ ~ - ~`< ~_ ~ n ~D~n ~ ~ ~ '<<~ o y ~ C7 cQ ~ ~ m W `~ ~ ° -n ~ ~ a~ `G ~ c ~ n ~ O .~ o y D 0 `< C a~ ~ ~ o ~. 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D o Z ~ n m a-~ D70Zcn Zm Zo DD a,3 ~ c -0 ~ n-cn ~~ O n~ c -~ ~ c ~ c n c a m m ~ c < m ~ o. ~ o. ~ o ~ ~ n. 3 ~ ~ ~ ~~ ~ o C ~ ~ ~ ~ ~ , C ~ ~ ~ ~ ~ ~ -~ ~ ~ ~ ~ ~ o ~ o ~ ~ n a. ~D ~ m ¢' 2 .~ ~ m ' ~ m ~~ Q a a ~ ~,' ~ D ~ o. Z ~ ~ ~ m a ci o ~ ~ ~ ~ ~ ~. ~ . . w -• - cn ~ cn m c 3 ~ ~ -t (D 7 7 T. ~ fA C< Q O (D O _ ~ (p (D ~o-< ~ cn~ ~2p ~ D ~~'~ ~ o~ ~~ i ° ~D -~ D ?~~~ Z p o ~ 1 n m co ~ ~ ^ , M ~ • r ,^ ~ ~ ~ ~ VJ -~ ~ ~m~ ~zu b 7~ O O y i~ b i~ d ~~'I Iw iC w ~~ d 8 o~ 0 0 nD ~m-y m ~ ~ ~D ~o ~ c ~.n ~ _ ~ A> ~ Cn O O ~ (~D S2o ~ ~ N „• c~D ~ C m ~ ~ sv ~ 3 cc = p p' m con ~ ~~ ° ~~ ' ~ '`~ ~ ~ ~ _ m rn N ;-« , N _. ~ ' ~ D o ~ cQ S ~ c " m . y ~ o D ~ h a o ~ ~. ~ _ ~ • ~ c~ m ~ ~ ~ Vy ~ y a~ ~ m o ~ ~ m m m CD -C o ch cn ~ ~ ~ ~ m m ~ ~ o a'~ 70 m ~ ~ ci m ~ , ~ m ~ m a ° ~ o DfJ c c ~ o ~3m~sm: o -o ~ ~ iU O w ~ ~ O ~. 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Q ~ i-i o co ~ ~ a o ~ N o m ~ ~ _ ~ o m 3 ~ w ~•m ~ m ~° ~ ~ ~ ~-° obi ~ ~ C7 ~ ~' ai ? ~ ~ ~ y ~ ~ m - _ a ?. ° 3 n. w ~ o ~ g.o ~ •a o ~ N: ~- ass CA ~ ~~ ~ ~ ~• ~ ~ ~ ~ o ~ m D ~, ~ o ~ ~ ~ w ~ ~ .~ s ~ ~ ~ 7 0 ~ D ~ ~ ~ ~ ~ n w y~ z .-' D ~ o ~ Z ~• ca cD ~• -~ m ~ m ~ ~- O ° v, w a w <: ~ ~~ ~' ° awl ~ .~cn ~ am O - cwi ~' r ~ r °' cn m ~ N b O n O H - ~- ~~ boo ~ ~.~~ N N y D (Q W ~ (~ ~ ¢> ~ ~ ~ ~ c Sp A) ~ ~ O N ~ ~ ` ~ C ( O p ~ O cD cn ~ ~; ~ ~ D o C'1 w > ~ ~. ~ D ''~ ~ c~ o . o o ~ ~ `° c a o h ~ ~ m m ,. ~ ~ 3 C6D '7l ~ ~ '7l C'7 ~ ~ (~D ~• ~ ~ m m ~ "'~~m;oD ~ a 3 fl. ~ ~~ c o m ~ 0 ~ ~ Q ~ ~ m ~ ~ o, a ~ fJ ~fJ ~ O ~ o ~ ~ ~ m w ~ ~ aci 3~• ~ w 1~ ~ ~ o < ~ ~ c~ ~~.~ p ~ ~~ ~A .~`_~ a~ ~ ~ ~ - Q ~ m " ca c6p ' ~ . m , • ,~' ~o ~ ~on"~~mow ~~o~~~ ~:m~v . o ~ ~ ~ a, c cn O ~ < c, co ~ ~ < a m° C Q- _ ~, a~ m ~ ~, 'o ~ a ? ~ ~ ~ ~ p ~ ~ ~' ~ -I ~ N fn Cn ~ ~ 3 ~ O ~ ~ ~ O N N n ~ ~ ~ Q + ~ y y "~ ~ C O~ O O O "~ ~ ~ ~ ~ D n ~ ~~ ~ Q Q N ~ O T ~ ~ y~ ~ Q c'O Al ~ Vl ~ . . ~ y ° w ~ ~ 3 ~ m , O p~ ~ ~ ~ ° A~' o D p `< ~ cn ~ ~ o ~ a ~ ~ ~' n n m a . c Q _ Q m arm (D ~' ~ O ~ ~ O D -i 'U ~ ~ cn ~' ~ cQ , ~ ~ ' ~ ~ ~ • ~ ~ m ~ ~ ~ -n ~ ~ N ~ ~ ~ ~ • w ~ ~ ~ ~ ~ ~ m o ~ ~' o ~ n m ~ ~ -p v> Z ' o m -p Z~ Z o D D a~ ~ c -o o n cn ~~ O ° C ~ c ~ c~~m 3 ~ ~ w c m~ c o c n. co m ~ ~' ~ ~: ~~ n ~ ~ ' CD (D ~ a O N ~ ~ ~ a ~, a• O cD fD (D fli W ~ ~, ~ a ~, ~ ~ ~ ~ m o o ~ ~ ~ to n ~' G B o a -~ ~ o ~ ' , m ~ ~' ~ -~ ~ cn Z < <° -~ n °- ~ ~ O ~ o O ~ ~ ~ ~ (D ~ O: N ~ C7 ~ ~ O O N C ~ C") O ~ c n O (n ~- ~ ~ Q ~ ~ ~ ~ N O C y ~ ~ ~ (n Q ~ C ~ , ~ ~ ' ~ O O ~ w ~ . C Q~ y fA ~ ~' ~ ' p Q Q y CD ~ (D ~' ~ ~~ m o a o ~ D m ~ D ~' m o D ~ ~ ~ ~ < o ~ D ~ ~ "` m ~ o Q ~ `~ , ~ ~ ~• O D ~ p . ~ p ~ m ~' S. ~ m w ca m `< `. c~ a m O ~ r ..• m ~ ~ . c°c ~ m Q ~ m ~ ~ ~ y ~ ro O y ~ ~ ~ 0 n ~ ~ ~ O ~. _ M ~ ~^^ ~ ~ _ /`~ O ~~ W ~ n ~ ~ _ ~ ~~ ~ N m~ c _ <~~'°ani ~~ ~mmo.D C `~~~D OO ~ i ~'`~~m~a a~~m m°"~'~ ~'~ ° -, .. v'<~'~~~ ' >~ ~' m J.n ' ' o ~.~~ y ~ ~ ~ w ~~ w N ~~ Q ~ ~. N ~ 0. ~ :~ 'o _ . ~ ~ ~ ~ O c ~ :~ ca a. ~ ~ ~ ~ . ' ~ ~ ~. ~ o ~ w m ~,~ o ~ ~ 0 ~ m ~ ~ ~ ~ m - c> cQ m o. _ ~ -, r~~ ~D(!» cn cn ~-ri ~ w m~ • m ~ ~ ~ o C v, co ~ N y ~ p 0 p ~ ~ • m ~ NA ~ ( W • <• a . -. ~ --I O i O ~ C D Q D ~ O~ (n ~ ~ CD f n m~ p j o `~ ~ ~ ~ O ~ ~ ~ ~ o ~ ~ ~, ~~~._~ m ~ ~ ~ a c ~ ~ ~ o ~' ~ ~ lD y O c ~ sv _., ~ O ' _ O C ~ O ~ y ~ ~ D O N ~ ~ ° ~ ~ ~ ~ a m ~' m ~ i V ~ • o ~ ~ --1 ~ w O ~ 3 , . D m ` ~ -'mO o ~ ~' o, ~ n m CD C O O C ~ N~ O~ n C Q~ C, ~ C, p~ C p C 'C ~ .O-. fD ~ ~ n ~. ~ 7 (D ~ -~. 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N D CD p (Q N N p N ~ ?, • ~ ~ N n ~ ~ ~ ~ : ~ ' O 7 ~ dl ` ~ (n __ ~ <p "~ O C ~ C1 f • O (D N " O p~ ~ C O 7 `G ~ • ~ m "O_ ~ cQ -. S• D n ~ ~ a n 3 ~ Q- ~ O ~ O ¢/ C ~ ~• m (D ~ tD w ~ 3 ~ ~ ~ ~ °• m ~ C ° 0 3 m a ° m w ~ ~• m a i a ~ ~• '~ ~ O ~ ~ ~ - ~ N , o ~ w w o Q• ~ o ~ ~ ~ y ~'• Q ~ p• N N N ~ w ~ o o - 3 c ~ ~ - ~ c - ~ N ~ 7' f7 O o O ~ O ~ O- .C w 7' O O (D ~• w .~ ~ ? r O EXHIBIT "B" GENERAL CONDITIONS The Agreement entered into between the Children's Services Council of Palm Beach County (the "Council") and the Provider shall be subject to the terms and conditions set forth herein. 1. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Agreement, which incorporates by reference Exhibits "A" and "C" as well as the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. 3. The Provider agrees to comply with the following requirements: a. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly authorized by the Council to make such inspection, review or audit. c. To submit, upon completion of the Agreement, a GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of the Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of the Agreement, each such audit and management letter to be provided within 180 days of Provider's fiscal year end. Note: Section 3.c. is not applicable to governmental entities. d. To maintain and file with the Council such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. e. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. To acknowledge, to the extent feasible and appropriate, Council funding of the program identified in Exhibit "A" in publications, bulletins, public relations and marketing activities, and stationery of Provider and to display Council logo in accordance with the written guidelines supplied by Council. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to the Agreement for a period of five (5) years following termination of the Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. Provider further agrees that all records, papers, letters, or other documents made or received in conjunction :ODMA\PCDOCS\CSC_DOCS~52236\ 1 with the Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of the Agreement, except that public records which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. b. Persons duly authorized by the Council shall have full access to and then right to examine any of said materials during said period. c. To permit access by persons duly authorized by the Council, upon reasonable notice, to the program(s) funded by the Council hereunder for purposes of monitoring said program(s). d. To report to the Council during the term of the Agreement any threatened or pending litigation brought against the Provider, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. e. To accurately report to the Council, in a format deemed acceptable by the Council, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event the Provider fails to properly report all program revenues and the Council subsequently learns that such income was not properly disclosed, the Council reserves the right to reduce the amount to be paid to the Provider by the Council by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate the Agreement. That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the Council; (ii) that upon termination or earlier cancellation of the Agreement, at the Council's request, unless there is specific notification that this requirement is waived by the Council, the said item(s) shall be (a) returned (with title being transferred) to the Council or the Council's designee, or (b) reimbursed to the Council at book value (determined by the Council); (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. g. To obtain Council approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following on file with the Council: • Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with Council funds}; • License(s) to operate agency/program, if applicable; • Service site(s) Fire Inspection Certificate(s), if applicable; • Service site(s) Health Inspection Certificate(s), if applicable :ODMA\PCDOCS\CSC_DOCS~52236\t i. To obtain written approval from the Council for any proposed changes in the amount of the program budget hereunder prior to implementation. j. The fiscal administration of the Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which Provider acknowledges receiving. k. That the following issues or information shall be furnished or resolved within 60 days of execution of the Agreement: submission of copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. 5. Provider agrees that, as between the parties to the Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the Council has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, the Provider agrees to indemnify and hold harmless the Council from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, ~~~ judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services G~ ~(~ (~ ~ performed or not performed, or any negligent act by the Provider or arising from funding granted or not granted by the Council or any action arising out of the operation of the Agreement. Nothing contained herein shall be deemed a waiver of the Provider's sovereign immunity pursuant to F.S. 768.28. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. 7. onsi le for providing general lia i i y i t a--n~t~+~ttea-e# .reasrn°r2rb , s--a~--- u ' ' l~~n / N~ un er. p • ~~-s,~;-f~;,;; itf~-anritt~r~--ve~i#a~tara+~- -sucJ>_.insur~ce ~;( ~G ~e a~~~~~v+der - fij-~fti~~te~~~ by~he ~ounci , e rove er s a ave 8. The Provider shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except with the written consent of the client, or his responsible parent or guardian, or when authorized by law. a. The Provider agrees to establish and maintain reasonable procedures and controls for safeguarding records, so that no information contained in the Provider's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by the Provider, its agents, officers or employees except as provided by law. b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. ::ODMA\PCDOCSICSC DOCS152236\1 9. The Provider shall submit to the Council program data, including (i) to the extent permitted by law client identifiable data; and (ii) status of program capacity (staff to client/child/family ratio) as registered by the Council. 10. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of the Agreement and in a format provided by the Council. 11. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. The Provider shall, with respect to said employees, be responsible for withholding federal income taxes, FICA and any other applicable withholding, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 12. The services provided by the Provider hereunder are provided on anon-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. The Agreement shall give no rights to any person or entity who is not a party hereto. 13. Payments for services rendered pursuant to the Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under the Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, after the end of each year of the Agreement (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under the Agreement that are submitted after the October 31 deadline. 14. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under the Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance; or b. within thirty (30) days following the end of the Agreement. c. The Council shall have the right to deduct from any subsequent payment request submitted by the Provider, the amount of any overpayments or disallowed funds. ::ODMA\PCDOCS\CSC_DOCS152236\1 15. In the event funds to finance the Agreement become unavailable to the Council, the Council may terminate the Agreement upon no less than five (5) days written notice to the Provider. The Council shall be the final authority as to the availability of funds. 16. Notwithstanding any ether provision of the Agreement, the Council may terminate the Agreement for any breach by the Provider. If the Council intends to terminate the Agreement, notice shall be provided in writing to the Provider no less than twenty-four (24) hours prior to the effective date of the termination. Alternatively, at its discretion, the Council may, for reasonable cause, suspend the payment of funds pending corrective action by the Provider or pending a decision by the Council to terminate the Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring additional obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate the Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of the Provider's operations funded by the Council. The Council's failure to terminate or suspend a Provider for past breaches of the Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 17. The Council may assess a charge amounting to five (5%) percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data as required by Sections 3c, 9, 10, and 13 of the Agreement. At the discretion of the Program Review Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge may also apply if the program does not provide the Council with current copies of the following documents: a es o nsurance ~~~ °~ ~ ~ ~ /~ • License(s) to Operate Agency/Program • Audit 18. Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in the Agreement may be reduced in the event that the Council determines that the Provider will not spend the entire amount allocated by September 30th fiscal year end, for example inability to maintain program capacity or meet parameter in Exhibit "A". This determination may be made (a) during the course of reviewing a budget revision submitted by the Provider pursuant to the Council's procedures or (b) based upon the Council's monitoring of Provider's program and its expenditure history. Before any such reduction becomes final, the Provider will be notified in writing of the proposed action and shall have the opportunity to address the Council's Board regarding the proposed reduction. The decision of the Council's Board on this issue shall be final. If the ::ODMA\PCDOCS\CSC_DOCS~52236\l Council reduces the dollar amount, the Provider may, within the first 30 days after said Council action, terminate this Agreement upon 24 hours notice. Council shall reimburse Provider for all monies expended up to and including the effective date of the termination. 19. The Agreement, which includes the attached Exhibits "A", "B", and "C" contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or to bind any of the parties hereto. With the possible exception of an adjustment pursuant to paragraph 18 above, the Agreement shall not be modified unless in writing and signed by both parties hereto. 20. As set forth therein, the Agreement may, at the discretion of the Council be renewed. Renewal shall be accomplished by the Council sending to the Provider, no Eater than September 1St prior to the fiscal year when the renewal is to commence, a letter setting forth the budget amount for the new fiscal year (and budget documents which would replace Exhibit "C"). Provider shall have until September 30th to provide written notice of its determination not to renew Agreement on the terms proposed in the letter from the Council. In that event, the Agreement shall not be renewed. If no action is taken by the Provider by September 30th, the Agreement will automatically renew for or-e additional year based on the budget amount set forth in the letter referenced above, subject to the TRIM budgeting process under Section 200.065, Florida Statues. The parties, by mutual agreement, may vary these timelines. 21. The Provider agrees to comply with the following General Conditions of Award: ^ A designated Provider representative(s) must attend and participate in all appropriate scheduled provider meetings held by the Council and/or staff; ^ Programs will make every effort to obtain staff that has the cultural competency and language skills to work successfully in the community with the population being served; ^ Based on the law and/or best practices, staff and volunteers must be screened, trained, and receive ongoing supervision by qualified professionals; ^ Provider will notify CSC of any changes that affect the provision of the services, such as changes in personnel; ^ Providers will comply with the Council's Agency Administration and Governance and Nepotism policies; and ^ All staff working in Council funded programs will follow the child abuse reporting requirements under Florida law. ::ODMA\PCDOCS\CSC_DOCS~52236\1 EXHIBIT "C" Budget :ODMA\PCDOCSICSC_DOCS~52236\1 Exhibit C1 BEACON CENTER AT VILLAGE ACADEMY [- 475] CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) 06-07 07-08 06-07 07-08 ACCT# TITLE PROG. PROG. BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $0 $0 0% $0 $0 0% Total Salary $0 $0 0% $0 $0 0% Fringe Accounts: 569.210 FICA $0 $0 0% $0 $0 0% 569.220 Retirement Contributions $0 $0 0% $0 $0 0% 569.230 Life and Health Insurance $0 $0 0% $0 $0 0% 569.240 Workers Compensation $0 $0 0% $0 $0 0% 569.250 Unemployment Compensation $0 $0 0% $0 $0 0% Total Fringe $0 $0 0% $0 $0 0% Operating Expense Accounts: 600.101 Travel/Transportation $0 $0 0% $0 $0 0% 600.102 Conferences/RegistrationlTravel $0 $0 0% $0 $0 0% 600.301 Telephone $0 $0 0% $0 $0 0% 600.302 Postage & Shipping $0 $0 0% $0 $0 0% 600.303 Utilities (Power/Water/Gas) $0 $0 0% $0 $D 0% 600.401 Office Supplies $0 $0 0% $0 $0 0% 600.402 Program Supplies $0 $0 0% $0 $0 0% 600.403 Printing $0 $0 0% $0 $0 0% 600.601 Professional Fees $0 $0 0% $0 $0 0% Agency: City of Delray Beach Page 1 Of 2 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved ACCT# TITLE (1) 06-07 PROG. BUDG. (2) 07-OS PROG. BUDG. (3) HG. (4) 06-07 ALLOC. (5) 07-OS ALLOC. (6) HG. 600.602 Insurance $0 $0 0% $0 $0 0% 600.603 Building Maintenance $0 $0 0% $0 $0 0% 600.604 Equipment Rental/Maintenance $0 $0 0% $0 $0 0% 600.605 Specific Assistance to Individuals $0 $0 0% $0 $0 0% 600.606 Dues & Subscription $0 $0 0% $0 $0 0% 600.607 Training & Development $0 $0 0% $0 $0 0% 600.608 Awards & Grants $1,024,000 $1,245,423 22% $853,622 $769,009 -10% 600.609 Sponsored Events $0 $0 0% $0 $0 0% 600.610 Payments to Affiliated Organizations $0 $0 0% $0 $0 0% 600.611 Miscellaneous $0 $0 0% $0 $0 0% 600.201 Building Space/Rent $0 $0 0% $0 $0 0% 600.501 Food Service $0 $0 0% $0 $0 0% 600.701 Indirect Cost $0 $0 0% $0 $0 0% 600.801 Capital Expenses (Equipment) $0 $0 0% $0 $0 0% 998 Non-CSC Funded Salaries $0 $0 0% $0 $0 0% 999 Non-CSC Funded Fringe $0 $0 0% $0 $0 0% Total Operating Expense Total Program Expenses: $1,024,000 $1,245,423 22% $1,024,000 $1,245,423 22% $853,622 $769,009 -10% $853,622 $769,009 -10% Agency: City of Delray Beach Page 2 Of 2 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C2 BEACON CENTER AT VILLAGE ACADEMY [- 475] SALARY AND FRINGE PREPARATION FISCAL YEAR 07-08 Gross Salary in Fringe In Request For Request For Salary Position Employee % ~nme Salary Program Program Salary Fringe Funding 07-08 07-08 07-OS 07-08 07-08 0% $0 $0 $0 $0 $0 0.00% TOTALS So So So ffio $o o.oo°i° Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C3 BEACON CENTER AT VILLAGE ACADEMY [- 475] SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 07-08 DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.120 Regular Salaries and $0 0% Wages 569.210 FICA $0 0% 569.220 Retirement $0 0% Contributions 569.230 Life and Health $0 0% Insurance 569.240 Workers Compensation $0 0% 569.250 Unemployment $0 0% Compensation Agency: City of Delray Beach Page 1 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status• Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCEN'. JUSTIFICATION OF AMOUNT INCREASI OUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREAS EXPLANATION AS NEEDED OPERATING EXPENSE BUDGET NARRATIVE 600.101 Travel/Transportation Original Budget Calculation =0+0 $0 0% 600.102 Conferences/Registratio $0 0% nlfravei Original Budget Calculation =0+0 600.301 Telephone $0 0% Original Budget Calculation =0+0 600.302 Postage & Shipping Original Budget Calculation =0+0 $0 0% 600.303 Utilities $0 0% (Power/Water/Gas) Original Budget Calculation =0+0 600.401 Office Supplies $0 0% Original Budget Calculation =0+0 600.402 Program Supplies Original Budget Calculation =0+0 $0 0% Agency: City of Delray Beach Page 2 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCEN' JUSTIFICATION OF AMOUNT INCREASI OUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREA£ EXPLANATION AS NEEDED 600.403 Printing $0 0% Original Budget Calculation =0+0 600.601 Professional Fees $0 0% Original Budget Calculation =0+0 600.602 Insurance $0 0% Original Budget Calculation =0+0 600.603 Building Maintenance $0 0% Original Budget Calculation =0+0 600.604 Equipment $0 0% Rental/Maintenance Original Budget Calculation =0+0 600.605 Specific Assistance to $0 0% Individuals Original Budget Calculation =0+0 600.606 Dues & Subscription $0 0% Original Budget Calculation =0+0 600.607 Training & Development $0 0% Original Budget Calculation =0+0 Agency: City of Delray Beach Page 3 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCEN' JUSTIFICATION OF AMOUNT INCREASI DUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREAS EXPLANATION AS NEEDED 600.608 Awards & Grants $1,245,423 22% 8/1 6/2007 811 6/2007 8/1 6!2007 5/15/2007 5/15/2007 5/15/2007 5/15/2007 - 5/15/2008 Community Child Care Center's Share is $585,261 Families First Share is $183,748. All funds provided for carrying out the wraparound services at the Beacon Center at Village Academy Original Budget Calculation =585261+183748+254991+37414+184009 600.609 Sponsored Events $0 0% Original Budget Calculation =0+0 600.610 Payments to Affiliated $0 0% Organizations Original Budget Calculation =0+0 600.611 Miscellaneous $0 0% Original Budget Calculation =0+0 600.201 Building Space/Rent $0 0% Original Budget Calculation =0+0 600.501 Food Service $0 0% Original Budget Calculation =0+0 600.701 Indirect Cost $0 0% Original Budget Calculation =0+0 Agency: City of Delray Beach Page 4 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCEN' JUSTIFICATION OF AMOUNT INCREASI OUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREAS EXPLANATION AS NEEDED 600.801 Capital Expenses (Equipment) $0 0% Original Budget Calculation =0+0 998 Non-CSC Funded $0 0% Salaries Original Budget Calculation =0+0 999 Non-CSC Funded $0 0% Fringe Original Budget Calculation =0+0 Agency: City of Delray Beach Page 5 Of 5 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C4 Beacon Center at Village Academy [- 475] SOURCES OF REVENUE Funder T e/Funder YP 05-06 Total 06-07 Bud et g 06-07 Amend 06-07 Total 07-08 Budget 07-08 Amend 07-08 Total Percent Increase/ Decrease Government City of Delray Beach $80,125 $95,378 $0 $95,378 $52,000 $0 $52,000 -45% Department of Education $44,000 $0 $0 $0 $0 $0 $0 0% HUD $0 $75,000 $0 $75,000 $37,000 $0 $37,000 -51°k $124,125 $170,378 $0 $170,378 $89,000 $0 $89,000 -48% Non-CSC Participant Fees $43,000 $0 $0 $0 $105,000 $0 $105,000 100% United Way $22,000 $0 $0 $0 $101,600 $0 $101,600 100% $65,000 $0 $0 $0 $206,600 $0 $206,600 100% Other Other $0 $0 $0 $0 $13,400 $0 $13,400 100% Private Foundations $175,000 $0 $0 $0 $130,000 $0 $130,000 100% $175,000 $0 $0 $0 $143,400 $0 $143,400 100% Grand Total $364,125 $170,378 $0 $170,378 $439,000 $0 $439,000 158% FY 07-08 Totals Total Program Revenue $1,208,009 Total Program Budget $ 1,245,423 Difference ($37,414) Total CSC Allocation $769,009 Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved Exhibit C5 Beacon Center at Village Academy [- 475] SOURCES OF REVENUE NARRATIVE Funder Type/Funder FY 07-08 Total Narrative Government City of Delray Beach $52,000 HUD $37,000 Non-CSC Participant Fees $105,000 United Way $101,600 Other Other $13,400 Private Foundations $130,000 Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:45:19 PM Contract: 07-475 Status: Approved AGENDA ITEM NUMBER: • ' AGENDA REQUEST Date: 8!31!2007 Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 9/18/2007 City Commission approval to accept annual grant of $769,009 from the Children's Services Council for Beacon Center Services at Village Academy for FY 07/08/ ORDINANCEIRESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approval Department Head Signature: 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: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: /'Yep/ No Hold Until: `~ Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Joe Weldon, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: September 13, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPTEMBER 18, 2007 APPROVAL OF AGREEMENT WITH CHILDREN'S SERVICES COUNCIL FOR REIMBURSEMENT TO THE CITY OF DELRAY BEACH UP TO $314,825. ITEM BEFORE COMMISSION Request approval of an Agreement with Children's Services Council which provides for reimbursement to the City of Delray Beach up to $314,825 for the Parks and Recreation Out-of- School Youth Recreation/Enrichment Program, and the Mayor's signature on two original Agreements. BACKGROUND We will enroll 300 children at three (3) sites during the school year, with CSC funding the actual daily attendance which is anticipated to be between 250 to 300 children per day. The Out-of-School Youth Recreation/Enrichment Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding will amount to approximately $314,825. This now needs to go before City Commission for their approval in order to execute our Contract # 104. RECOMMENDATION Parks and Recreation Department recommends approval of Agreement with Children's Services Council for a reimbursable amount up to $314,825. $~ AGREEMENT AGENCY: City of Delray Beach PROGRAM: Parks and Recreation Out-of-School Youth Recreation/ Enrichment CONTRACT #: 104 Original Allocation: Effective Period of Agreement: $314,825 From 10/01/2007 Through 9/30/2008 mm/dd/year mm/dd/year The Children's Services Council of Palm Beach County (the "Council"), at its option, may extend the term of this Agreement without reviewing the program hereunder which incorporates the attached Exhibits "A", "B", and "C" for four (4) additional one year periods. The renewal option set forth in this paragraph, however, does not guarantee the Provider that the Council will exercise its renewal option hereunder. Renewal will be determined by the Council, in its sole discretion; this determination will be based in part upon review of the program evaluation and fiscal monitoring of the program. Further information regarding the renewal process is set forth in Exhibit "B". Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties. The parties have caused this Agreement to be executed by their undersigned duly authorized representatives. For the Council: Signat~ Gaetana D. Ebbole, CEO ' ~,~~ s Services Council of Palm Beach Co Children 1919 North Flagler Drive West Palm Beach, FL 33407 Date: For the Provider: Signatur Date: Approved as to form an legal sufficiency: SY~ ~~~~<~~ ~ ity Attorney ~ ~ 7 j~7 ::ODMA\PCDOCSICSC_DOCS~50646\1 EXHIBIT "A" Planning, Implementation, Evaluation (PIE) & Worksheets ::ODMA\PCDOCS\CSC DOCS150646\1 n y A I~ 0 ~~ ~~ 0 "~ `'' A O o i~ d g ~o Imo' 6" a '` 0 z N O J N yN ri ~ ~ m O Z z n ~ :< C m cn D m n n w m w w 0 m Q g n rn 0 m N ~ ...L f Q O ~ o o ~ ? = _, -n ~y~~~~0 a. ° m m m `•° -' v v ~ o m w m ~ ~ 3 3 O c~ ~~•rnrn~ cD -p ~1 V m a o 0 0 ~ m ~Q ° \ m c~ ~ ~ ~, ~ ~- ~ su m ~ ~ A~ ~ 70 ~nrn~~0 ~ ~ ~ O p ona7D o~~'~'D y ca co ~ ='~ a~w~ m ~ ~ ~ to -9 ~ ~ ~ c ~ a m ~ o cQ cQ ~ ~ cn ~a~ w =~ v,•~ 30~'0~ ~ ,~ ~ .~ a y ~ p ~ ~ ~ ~ O ~ ~ ~ o ~ ~- _ '_" O ' O ~ c ~ ~ 0 3 0 -• c-"o ~ ° ~ ~ cn ° ~m~-°CD o' ~~ ~ ~ ~. ~ w m w ~ -n ~ ~ ~ cQ y ~ o rn 3 (D (~ V O ~ (~ ~ o ~ w N O' A N O 3 ~ ~ m o mo`~ai 0 \ C o ~ m~a~ a' ~ ~ c 4~ ~ Q 1~ ~~. o~ o a o ~ ~ ~ m °' ~ cn ~•~~'.~ ~ ~ ~ D c~ c7 N Vi ~ ~. ~ N. o o ~ N 0 W ~ ~ Q •-•1. 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N ~ ~ O . ~ Al ~ ~ ° ~ ~ C~ ~ ~ ~ ~ ~ cn su ~ -. o Q ~ ~ a ~ m ~ w ~ ~ y ~ m n. ~ ~ N ~~~ ~ o O pti1 n ~ ~ ~ cD .C - o to m cD a m v ~ o -a ~. ~ o ~~ " c n a c m o s Q m 3 ~' ~ o cQ ~ m ~ m w ~ r, ~ w ~ ~, ~ a ~ ~ ~ a Q. ~ -v, o r 3, D -o Z ' . ~, ~ a ~ ; ~ ; _.: m o ~" ~ ' ~ ~ o- m 0 Q ~_ O A~ ~. o: m ,o 0 c~ a 1 ?. 3 m ~' .o~n Z~~ D ~~m ' ~. m ^~- m m ~ v+~a o pi oAi •+ '* `< N N C O ~ ~, ~ rt - ~ .+ o~fD ~ o 'a m ~ d a -a ~ '~ ~ N m N ~~ m ~ ~ ~ o ~ ~ o ~ ~ a ~ ~, ~ ~ m ~ o ~+ 0 ~ ~ ~ c m m ~ 3 ~ ~ m ~ y H n ~ ~ fD .+ CD ~ Q fD `' fD W ~ ~ 3 ~ ~. c rn EXHIBIT "B" GENERAL CONDITIONS The Agreement entered into between the Children's Services Council of Palm Beach County (the "Council") and the Provider shall be subject to the terms and conditions set forth herein. 1. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Agreement, which incorporates by reference Exhibits "A" and "C" as well as the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. 3. The Provider agrees to comply with the following requirements: a. to maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly authorized by the Council to make such inspection, review or audit. c. To submit, upon completion of the Agreement, a GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of the Provider's fiscal year end. In the event that Provider's fiscal year end occurs prior to the completion of the term of the Agreement, Provider will supply the Audit and accompanying management letter for each of the Provider's fiscal years occurring during the term of the Agreement, each such audit and management letter to be provided within 180 days of Provider's fiscal year end. Note: Section 3.c. is not applicable to governmental entities. d. To maintain and file with the Council such progress, fiscal, inventory, and other reports as the Council may require during the terms of the Agreement. e. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. f. To acknowledge, to the extent feasible and appropriate, Council funding of the program identified in Exhibit "A" in publications, bulletins, public relations and marketing activities, and stationery of Provider and to display Council logo in accordance with the written guidelines supplied by Council. 4. The Provider agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to the Agreement for a period of five (5) years following termination of the Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. Provider further agrees that ::ODMA~PCDOCSICSC DOCS150646\1 all records, papers, letters, or other documents made or received in conjunction with the Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of the Agreement, except that public records which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. b. Persons duly authorized by the Council shall have full access to and then right to examine any of said materials during said period. To permit access by persons duly authorized by the Council, upon reasonable notice, to the program(s) funded by the Council hereunder for purposes of monitoring said program(s). d. To report to the Council during the term of the Agreement any threatened or pending litigation brought against the Provider, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. e. To accurately report to the Council, in a format deemed acceptable by the Council, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event the Provider fails to properly report all program revenues and the Council subsequently learns that such income was not properly disclosed, the Council reserves the right to reduce the amount to be paid to the Provider by the Council by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate the Agreement. f. That those capital items which are to be acquired by the Provider and reimbursed by the Council, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the Council; (ii) that upon termination or earlier cancellation of the Agreement, at the Council's request, unless there is specific notification that this requirement is waived by the Council, the said item(s) shall be (a) returned (with title being transferred) to the Council or the Council's designee, or (b) reimbursed to the Council at book value (determined by the Council}; (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. g. To obtain Council approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following on file with the Council: • Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with Council funds); • License(s) to operate agency/program, if applicable; • Service site(s) Fire Inspection Certificate(s), if applicable; • Service site(s) Health Inspection Certificate(s), if applicable ::ODMA\PCDOCS\CSC_DOCS150646\1 To obtain written approval from the Council for any proposed changes in the amount of the program budget hereunder prior to implementation. j. The fiscal administration of the Agreement will be pursuant to the Council's "Fiscal Guidelines," a copy of which Provider acknowledges receiving. k. That the following issues or information shall be furnished or resolved within 60 days of execution of the Agreement: submission of copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. 5. Provider agrees that, as between the parties to the Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the Council has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, the Provider agrees to indemnify and hold harmless the Council from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services performed or not performed, or any negligent act by the Provider or arising from funding granted or not granted by the Council or any action arising out of the operation of the Agreement. Nothing contained herein shall be deemed a waiver of the Provider's sovereign immunity pursuant to F.S. 768.28. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. r p i mg g se-~saverage-a#-_ _a-~r~i~mumof--$1---miltion~nd t~se-sevsra~s-ire--deerngd- r~.tenably.-~aecessar~-.by__ttae_. Cnuncil,.~~nc~~h~$urancea,sfiatl be maintained-at~..al~. _.~_._ fir~~~uri i ence of the Agreement an s f-name-~+~$---Cntxrcit-as--ate--- "addittionai-irtsureei' ti~er~e-t~~de~--sera-®~c~tion-s#--the-Agr-eer~et~t-~-t~e~P~ovi~er- s ' -vvith-writt~v~lftca~~ t~ e exis~erice~ofi such-insurance- cav t-tha#-t-he'-Provider-tran~pc~rr-ts~~hildret~-i~-eera~aectio~-~ruith~he P~9ram-{~-a~e#ie~--t#eree#~-#trnde~l-by-tqe-Coune+l•,-tfaev-Prer~al#-~a~ve 8. The Provider shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except with the written consent of the client, or his responsible parent or guardian, or when authorized by law. a. The Provider agrees to establish and maintain reasonable procedures and controls for safeguarding records, so that no information contained in the Provider's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by the Provider, its agents, officers or employees except as provided by law. b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure ~J~v'v~ ~'/-(3 ~Il~~i ::ODMAIPCDOCSICSC_DOCS~50646\l the maintenance of confidentiality of any medical or other information pertaining to any such client. 9. The Provider shall submit to the Council program data, including (i) to the extent permitted by law client identifiable data; and (ii) status of program capacity (staff to client/child/family ratio) as registered by the Council. 10. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of the Agreement and in a format provided by the Council. 11. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. The Provider shall, with respect to said employees, be responsible for withholding federal income taxes, FICA and any other applicable withholding, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 12. The services provided by the Provider hereunder are provided on anon-exclusive basis, and the Council specifically reserves the right to subcontract with others for similar services. The Agreement shall give no rights to any person or entity who is not a party hereto. 13. Payments for services rendered pursuant to the Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under the Agreement, in whatever form reasonably required by Council. Subject to the availability of funds, the Council will provide reimbursement to the Provider within 45 days after receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, after the end of each year of the Agreement (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under the Agreement that are submitted after the October 31 deadline. 14. The Provider agrees to return to the Council any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under the Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance; or b. within thirty (30) days following the end of the Agreement. c. The Council shall have the right to deduct from any subsequent payment request submitted by the Provider, the amount of any overpayments or disallowed funds. ::ODMA\PCDOCS\CSC_DOCS~5064611 15. In the event funds to finance the Agreement become unavailable to the Council, the Council may terminate the Agreement upon no less than five (5) days written notice to the Provider. The Council shall be the final authority as to the availability of funds. 16. Notwithstanding any other provision of the Agreement, the Council may terminate the Agreement for any breach by the Provider. If the Council intends to terminate the Agreement, notice shall be provided in writing to the Provider no less than twenty-four (24) hours prior to the effective date of the termination. Alternatively, at its discretion, the Council may, for reasonable cause, suspend the payment of funds pending corrective action by the Provider or pending a decision by the Council to terminate the Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring additional obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate the Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of the Provider's operations funded by the Council. The Council's failure to terminate or suspend a Provider for past breaches of the Agreement shall not be construed as' a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. 17. The Council may assess a charge amounting to five (5%} percent of the Provider's current month's request to the Council for reimbursement for each month that a program is out of compliance with the timely submission of fiscal and programmatic data as required by Sections 3c, 9, 10, and 13 of the Agreement. At the discretion of the Program Review Committee a $10.00 per day charge may be added to the 5% charge for items not submitted within 60 days of the original due date. This charge may also apply if the program does not provide the Council with current copies of the following documents: ranee License(s) to Operate Agency/Program Audit ~ ~~~a~~~ 18. Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in the Agreement may be reduced in the event that the Council determines that the Provider will not spend the entire amount allocated by September 30th fiscal year end, for example inability to maintain program capacity or meet parameter in Exhibit "A". This determination may be made (a) during the course of reviewing a budget revision submitted by the Provider pursuant to the Council's procedures or (b) based upon the Council's monitoring of Provider's program and its expenditure history. Before any such reduction becomes final, the Provider will be notified in writing of the proposed action and shall have the opportunity to address the Council's Board regarding the proposed :ODMA\PCDOCS\CSC DOCS~50646\I reduction. The decision of the Council's Board on this issue shall be final. If the Council reduces the dollar amount, the Provider may, within the first 30 days after said Council action, terminate this Agreement upon 24 hours notice. Council shall reimburse Provider for all monies expended up to and including the effective date of the termination. 19. The Agreement, which includes the attached Exhibits "A", "B", and "C" contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or to bind any of the parties hereto. With the possible exception of an adjustment pursuant to paragraph 18 above, the Agreement shall not be modified unless in writing and signed by both parties hereto. 20. As set forth therein, the Agreement may, at the discretion of the Council be renewed. Renewal shall be accomplished by the Council sending to the Provider, no later than September 1 S` prior to the fiscal year when the renewal is to commence, a letter setting forth the budget amount for the new fiscal year (and budget documents which would replace Exhibit "C"). Provider shall have until September 30"' to provide written notice of its determination not to renew Agreement on the terms proposed in the letter from the Council. In that event, the Agreement shall not be renewed. If no action is taken by the Provider by September 30'h, the Agreement will automatically renew for one additional year based on the budget amount set forth in the letter referenced above, subject to the TRIM budgeting process under Section 200.065, Florida Statues. The parties, by mutual agreement, may vary these timelines. 21. The Provider agrees to comply with the following General Conditions of Award: ^ A designated Provider representative(s) must attend and participate in all appropriate scheduled provider meetings held by the Council and/or staff; ^ Programs will make every effort to obtain staff that has the cultural competency and language skills to work successfully in the community with the population being served; ^ Based on the law and/or best practices, staff and volunteers must be screened, trained, and receive ongoing supervision by qualified professionals; ^ Provider will notify CSC of any changes that affect the provision of the services, such as changes in personnel; ^ Providers will comply with the Council's Agency Administration and Governance and Nepotism policies; and ^ All staff working in Council funded programs will follow the child abuse reporting requirements under Florida law. ::ODMA\PCDOCS\CSC DOCS~50646\1 EXHIBIT "C" Budget :ODMAIPCDOCSICSC_DOCS15064611 Exhibit C1 OUT OF SCHOOL YOUTH RECREATIONlENRICHMENT [-104] CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1} (2) (3) (4) (5) (6) ACCT# TITLE 06-07 07-08 06-07 07-08 PROG. PROG. BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $365,869 $375,533 3% $170,861 $175,367 3% Total Salary $365,869 $375,533 3% $170,861 $175,367 3% Fringe Accounts: 569.210 FICA $27,583 $28,267 2% $12,881 $13,196 2% 569.220 Retirement Contributions $7,771 $7,884 1% $3,629 $3,681 1% 569.230 Life and Health Insurance $14,300 $15,292 7% $6,678 $7,142 7% 569.240 Workers Compensation $22,840 $18,890 -17% $10,666 $8,860 -17% 569.250 Unemployment Compensation $530 $502 -5% $248 $222 -10% Totai Fringe $73,024 $70,835 -3% $34,102 $33,101 -3% Operating Expense Accounts: 600.101 Travellfransportation $36,700 $40,096 9% $17,139 $17,511 2% 600.102 Conferences/RegistratioNTravel $2,060 $1,441 -30% $1,703 $914 -46% 600.301 Telephone $1,180 $1,020 -14% $551 $476 -14% 600.302 Postage & Shipping $0 $0 0% $0 $0 0% 600.303 Utilities (Power/Water/Gas) $0 $0 0% $0 $0 0% 600.401 Office Supplies $1,800 $1,740 -3% $841 $813 -3% 600.402 Program Supplies $21,074 $20,064 -5% $9,842 $9,370 -5% 600.403 Printing $0 $350 100% $0 $163 100% 600.601 Professional Fees $73,154 $61,833 -15% $26,691 $26,020 -3% Agency: City of Delray Beach Page 1 Of 2 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved ACCT# TITLE (1) 06-07 PROG. BUDG. (2) 07-08 PROG. BUDG. (3) HG. (4) 06-07 ALLOC. (5) 07-08 ALLOC. (6) HG. 600.602 Insurance $23,780 $30,360 28% $11,105 $11,105 0% 600.603 Building Maintenance $0 $0 0% $0 $0 0% 600.604 Equipment Rental/Maintenance $1,770 $1,810 2% $827 $845 2% 600.605 Specific Assistance to Individuals $0 $0 0% $0 $0 0% 600.606 Dues & Subscription $980 $980 0% $458 $458 0% 600.607 Training & Development $660 $1,250 89% $308 $584 90% 600.608 Awards & Grants $0 $0 0% $0 $0 0% 600.609 Sponsored Events $102,500 $108,800 6% $35,725 $32,723 -8% 600.610 Payments to Affiliated Organizations $5,040 $5,040 0% $2,354 $2,354 0% 600.611 Miscellaneous $5,800 $5,420 -7% $2,709 $2,531 -7% 600.201 Building Space/Rent $0 $0 0% $0 $0 0% 600.501 Food Service $1,040 $1,050 1% $486 $490 1% 600.701 Indirect Cost $0 $0 0% $0 $0 0% 600.801 Capital Expenses (Equipment) $0 $0 0% $0 $0 0% 998 Non-CSC Funded Salaries $0 $0 0% $0 $0 0% 999 Non-CSC Funded Fringe $0 $0 0% $0 $0 0% Total Operating Expense $277,538 $281,254 1% $110,739 $106,357 -4% Total Program Expenses: $716,431 $727,622 2% $315,702 $314,825 0% Agency: City of Delray Beach Page 2 Of 2 09!05/07 5:54:13 PM Contract: 07-104 Status• Approved Exhibit C2 OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT [-104] SALARY AND FRINGE PREPARATION FISCAL YEAR 07-08 %Time Gross Salary In Fringe In Request For Request For Salary Position Staff In Prg / Salary Program Program Salary Fringe Funding Hrs per Wk 07-08 07-08 07-08 07-08 07-OS Director Smith, Tonya 100% $42,250 $42,250 $2,757 $19,731 $1,288 46.70% 40 Fringe 100% $0 $0 $42,568 $0 $19,905 0.00% 40 Recreation Leader II Gedeon, Crisna 100% $12,458 $12,458 $954 $5,818 $446 46.70% 20 Recreation Leader II Morton, Stephanie 100% $12,458 $12,458 I $954 I $5,818 I $446 I 46.70% 20 Recreation Leader II Holland, Willie 100% $12,458 $12,458 $954 $5,818 $446 46.70% 20 Recreation Leader II MOOre, ~agwtta I 100% I ~1Z,45tf I 31Z,4Dtl I y`J~w I ~a,oio I ~wwo I wo.iuro 20 Recreation Leader II Stephens, Trenika 100% $12,458 $12,458 $954 $5,818 $446 46.70% 20 Recreation Leader II Murray, Ebony 100% $12,458 $12,458 $954 $5,818 $446 46.70% 20 - __ Recreation Leader III Francis, Shelia 100% $13,328 $13,328 $1,020 $6,224 $476 46.70% 20 Recreation Leader III Bryant, Mercedes 10p% $13,328 $13,328 $1,020 $6,224 $476 46.70% 20 HecreauonLeaoerw ttoatWngnt, lirrany 100% I ~13,3Yt3 I a~3,3ZC1 .~I,VGV I yo,cLw I ~wiv I wu.rvio 20 Recreation Leader III Harris, Jennifer 100% $13,328 $13,328 $1,020 $6,224 $476 46.70% 20 Recreation Leader III Miller, Brandon 100% $13,328 $13,328 $1,020 $6,224 $476 46.70% 20 Recreation LeaCler III I VCCean, rsenet[e I 100% I ~~ s,3za ( ~ ~ o,ozo I ~ ~ ,vcu ~o,ccw I ywi v wv. ~ v ~° 20 Agency: City of Delray Beach Page 1 Of 3 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved Time Gross Salary In Fringe In iequest For Request For Salary Position Staff In Prg / Salary Program Program Salary Fringe Funding Hrs per Wk 07-08 07-08 07-08 07-08 07-08 Recreation Leader 111 I lanai, uian I 100% I ~l:i,:SLtf I ~ I J,JZtl I a ~ ,uGU I ~gccw I ~wi v I •+v. ~ u io 20 Recreation Leader III Bryant, Karinne 100°/, $13,328 $13,328 $1,020 $6,224 $476 46.70% 20 Recreation Leader III Leonaro, cnanene 100% I ~13,J'1tS I ~is,szrs I ~i,uzv I ~o,ccw I ~yio I yo.iv io 20 Recreation Leader III 100% $4,136 $4,136 $317 $1,931 $148 46.69% 20 Recreation Leader I11 100% $4,136 $4,136 $317 $1,931 $148 46.69% 20 Recreation Supervisor 100°/, $4,745 $4,745 $363 $2,215 $169 46.68% I 40 Recreation5upervisorl 1100% I ~4,/40I .~4,/4JI .~JOJI yG,G~J ( .p~vo I +~.~..+~~) I 40 Recreation Supervisor 100°/, $4,745 $4,745 $363 $2,215 $169 46.68% I 40 Recreation Supervisor 10p% $4,745 $4,745 $363 $2,215 $169 46.68% I 40 Recreation Supervisor 100°/, $4,745 $4,745 $363 $2,215 $169 46.68% I 40 Recreation Supervisor 100% $4,745 $4,745 $363 $2,215 $169 46.68% I 40 Recreation Supervisor Jackson, Lawanda 100% $21,728 $21,728 $1,663 $10,147 $776 46.70% I I 25 Recreation Supervisor Mitchell, Dysonya 1 pp% $21,729 $21,729 $1,663 ~l u, i 4tt ~ r ib 4b. iu r° II 25 Recreation Supervisor Seabrooks, Erika 100% $21,728 $21,728 $1,663 $10,147 $776 46.70% II 25 Staff Assistant II Patrick, Priscilla 100°/, $32,520 $32,520 $2,488 $15,187 $1,162 46.70% 40 Agency: City of Delray Beach Page 2 Of 3 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved '/° Time Gross Salary In Fringe in ~?equest For Request For Salary Position Staff In Prg / Salary Program Program Salary Fringe Funding Hrs per Wk 07-08 07-08 07-08 07-08 07-08 TOTALS $375,533 $375,533 $70,835 $175,367 $33,101 46.70% Agency: City of Delray Beach Page 3 Of 3 09!05/07 5:54:13 PM Contract: 07-104 Status: Approved Exhibit C3 OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT [-104] SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 07-08 DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.120 Regular Salaries and $375,533 3% Wages 7/24/2007 Funding requested from CSC is 46.7% of the total salaries including benefits. There are 49 positions in the Out of School Enrichment Program. The program positions increased during fiscal year 2006-2007 due to the 3% increase for the City of Delray Beach and incentive increases for long term part-time employees. No positions are in-kind CSC supports 46.7% of all positions POSITIONS FUNDED BY CSC (1) Director ($42,250 x 46.7% _ $19,730.75 CSC funds/26pp = $758.88/pp) (1) Staff Assistant II -Full-time ($32,520 x 46.7% _ $15,186.84 CSC funds/26pp = $584.11/pp) (3) Recreation Supervisor II (25hrs/wk -Out of School Program and 40hrs/wk -Summer Camp) ($15.28/hr x 25hrs x 42wks x 3 = $48,132 x 46.7% _ $22,477.64 CSC funds/21 pp = ($15.28/hr x 40hrs x 9 wks x 3 = $16,502.40 x 46.7% _ $7,706.62 CSC funds/4.5 = $1,712,58/PP) Overtime pay for (3) Recreation Supervisor II to stay in case the bus is late returning to the center of if a parent is late picking up their child. ($22.92/hr x 8hrs x 3 = $550.08 x 46.7% _ $256.89 CSC funds) New Position: Recreation Leader II-III-Out of School Program-15 Leaders for 10 Months, Summer Camp 18 Leaders for 9 weeks -Various -Combination of Recreation Leaders II and III. The Recreation Leaders job description are both the same the only difference is the college credit they obtain. (9) Recreation Leader III -Out of School ($11.49/hr x 20hrs x 40wks x 9 = $82,728.00 x 46.7% _ $38,633.98 CSC funds) (12) Recreation Leader III -Summer Camp ($11.49/hr x 40hrs x 9wks x 12 = $49,636.80 x 46.7% _ $23,180.39 CSC funds) (6) Recreation Leader II - Out of School ($10.74/hr x 20hrs x 40wks x 6 = $51,552.00 x 46.7% _ $24,074.78 CSC funds) (6) Recreation Leader II -Summer Camp ($10.74/hr x 40hrs x 9wks x 6 = $23,198.40 x 46.7% _ $10,833.65 CSC funds) ($82,728 + $49,637 + $51,552 + $23,198 = $207,115.00 x 46.7% _ $96,722,71 CSC funds/20.5pp = $4,718.18/pp) (6) Recreation Supervisor i -Summer Camp ($13.18/hr x 40hrs x 9wks x 6 = $28,468.80 x 46.7% _ $13,294.93 CSC funds/4.5pp = $2,954.43) Retirement, Life, Health, and Disability Insurance are allocated for Recreation Supervisor III-Out of School Director and the Staff Assistant II. Workers Compensation and Unemployment Compensation for all positions. Total Agency Salary: $375,538 Total Rerniasted from CSC: $175.365 Agency: City of Delray Beach Page 1 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.210 FICA $28,267 2% 7/24/2007 Full-time positions = $5,245.24 x 46.7% _ $2,449.53. Difference in calculations for FICA is due to cafeteria plan for benefits. Part-time positions = $23,008.75 x 46.7% _ $10,745.09 (Total FICA is $13,195. Due to entering fica for each employee a difference of $3.00 occurs. CSC will fund $13,198) 569.220 Retirement Contributions $7,884 1 7/24/2007 46.7% of Retirement requested for Out of School Enrichment Program Director and Staff Assistant. $42,250 + $32,520 = $74,770 x 10.544% _ $7,884 x 46.7% _ $3,681.00 CSC funds. 569.230 Life and Health Insurance $15,292 7% 569.240 Workers Compensation 569.250 Unemployment Compensation 7/24/2007 Two full-time employees-Director and Staff Assistant: Life Insurance: $432.00 Disability Insurance: $487.51 Health Insurance: $14,373.12 CSC will fund 46.7% of insurance for full-time employees-Director and Staff Assistant. Total: $432.00 + $487.51 + $14,373,12 = $15,292.63 x 46.7% _ $7142.00 CSC funds. $18,890 -17% 7/24/2007 Workers Compensation for two full-time employees and ail part-time employees: Director of Out of School: $42,250/100 x $5.50 = $2,323.75 Staff Assistant of Out of School: $32,520/100 x .44 = $146.34 based on clerical status. Part-time: $300,762.00/100 x $5.50 = $16,541.91 $2,323.73 + $146.26 + $16,541.91 = $19011.90 x 46.7% _ $8,878.56. CSC funds $8,860.00 ($18.00 difference is due to entering each staff separately) $502 -5% 7/24/2007 CSC will fund 46.7% of 2 full-time employees and 12.0 FTE part-time employees. Unemployment rate is .1337% of total salary $375,538. Total $502.00 x 46.7% _ $234.43 (CSC funds $222.00. Difference due to entering staff separately) Agency: City of Delray Beach Page 2 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status• Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASEI ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED OPERATING EXPENSE BUDGET NARRATIVE 600.101 Travel(1-ransportation $40,096 9% 7/24/2007 Mileage reimbursement for Director, Staff Assistant and Project Coordinator: 1900 mile/yr x $.44 - $836.00 x 46.7% _ $390.41 (CSC avg. monthly cost = $390.41/12mos. _ $32.54) Bus Rental for the Holiday Cmap and Spring Break Camp: (3 Sites) $65/hr x 7 hrs x 2 days x 3 wks x 3 buses = $8,190.00 x 46.7% _ $3,824.73 CSC cost is allocated over the 3 weeks for camps. Bus Rental for Summer Camp (3 Sites) $65/hr x 7 hrs x 2 days x 9 wks x 3 sites = $24,570 x 46.7% _ $11,474.19 CSC cost is allocated over the 9 weeks of summer camp. 6 Buses to the Palm Beach County Sports and Fitness Festival at the South Florida Fairgrounds: (3 sites) $65/hr x 10 hrs x 6 buses = $3,900 x 46.7% _ $1,821.30 CSC cost is for the one day. 4 Buses to transport children to Cub Scout Show at the Rodger Dean Stadium in Jupiter. $65/hr x 10 hrs x 4 buses = $2,600 x 46.7% _ $1,214.20 CSC does not reimburse. $390.41 + $3,824.73 + $11,474.19 + $1,821.30 = $17,511 total funds requested from CSC Original Budget Calculation =(836`1)+(65'42`3)+(65`126`3)+(65`10`6)+(65`10`4) 600.102 Conferences/Registratio n/Travel $1,441 -30% 7/24/2007 National Afferschool Association (NAA)-Tony Smith, Director of Out of School Program. Ft. Lauderdale, FL March 21-23, 2008 Lunch: 3 Days x $11 = $33 Mileage: 60 miles roundtrip x 3 days x $.44 = $79.20 Registration: $340 CSC will fund 100% of food, mileage and registration. Total $452.20 FRPA State Conference-Tonya Smith, Director Lake Buena Vista, FL. August 25-29, 2008 Breakfast: 3 x $6 = $18 Lunch: 4 x $11 = $44 Dinner 3 x $19 = $57 Mileage: 400 miles x $.44 = $176 Lodging: 4 nights x $121 = $484 Registration: $210 CSC will reimburse 46.7% of total conference. $989.00 x 46.7% _ $461.86 Total requested funds from CSC = $452.20 + $461.86 = $914.00 Original Budget Calculation =33+79+340+18+44+57+176+484+210 Agency: City of Delray Beach Page 3 Of 9 09!05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ :COUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 600.301 Telephone $1,020 -14% 5/10/2007 Telephone - 2 land line - $340.00 x 46.7% _ $158.78 Cell phone-Out of School Director - $250.00 x 46.7% _ $116.75 Recreation Supervisor II Pine Grove Site - $430.00 x 46.7% _ $200.81 $1,020.00 x 46.7% _ $476.34 $1,020.00/12 = $85.OO.monthly cost. Original Budget Calculation =340+250+430 600.302 Postage & Shipping $0 0% Original Budget Calculation =0+0 600.303 Utilities $0 0% (Power/Water/Gas) Original Budget Calculation =0+0 600.401 Office Supplies $1,740 -3% 5/10/2007 White out, glue sticks, planners, calendars, pens, pencils, clips manila envelopes, folders, counterfeit detector pens, toner cartridges, copier paper, logo letterhead paper, envelopes, stationery and colored legal size paper for newletters. $1,740.00 x 46.&% _ $812.58 Original Budget Calculation =1740 Agency: City of Delray Beach Page 4 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT !, JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 600.402 Program Supplies $20,064 -5% 5/11/2007 5/10/2007 Program Supplies: Annual supplies for three Out of School sites (300 children). Sports Equipment, balls, bats, and mits, game boards, arts and craft projects, educational supplies, book, materials, certificates, diplomas, awards, decorations and disc jockey for five special events. $8,810.00 x 46.7% _ $4,114.27 CSC funds. {CSC avg. monthly cost $4,114.27/12 = $342.86 Cub Scout Supplies for three Out of School Sites. Cub Master Leadership books, craft projects, certificates, unit numbers, pinewood derby kits, belt loops, and badges. $110.00 x 46.7% _ $51.37 CSC funds Uniforms: Staff Shirts: After School - 3 shirts x 20 staff x $10.00 = $600.00 Summer Camp - 4 shirts x 27 staff x $5.00 = $540.00 T-shirts for Summer volunteers 5 shirts x 5 staff x $5.00 = $130.00 ($600 + $540 + $130 = $1,270 x 46.7% _ $593.09 CSC funds) Summer Camp Program: Children will receive five t-shirts and one backpack per camper. ($7,500 x 46.&% _ $3,502.50 CSC funds) Boy Scout Uniforms for three sites: $22.95 x 75 shirts = $1,721.55 $ 5.20 x 75 neckerchiefs = $390.00 $ 2.60 x 75 neckerchief clips = $195.00 $ .90 x 75 troop numbers = $67.50 ($1,721.25 + $390 + $195.00 + $67.50 Original Budget Calculation =8810+110+1270+7500+2374 _ $2,373.75 x 46.7% _ $1,108.54 CSC funds) 600.403 Printing $350 100% 5/10/2007 Color printing for Out of School brochures and applications. $100.00 x 46.7% _ $46.70 CSC funds. Miscellaneous cash receipt books for Pine Grove Emementary School. Recreation Supervisor does not have access to a computer. $250.00 x 46.7% _ $116.75 CSC funds. Original Budget Calculation =100+250 Agency: City of Delray Beach Page 5 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 600.601 Professional Fees $61,833 -15% 5/11/2007 Professional Fees: Golf Instruction by Certified Instructors (300 lessons x $2.50/student x 8 sessions = $6,000 x 46.7% _ $2802 CSC funds) Tennis Instruction by Certified Instructors (2sites x 2hr/session x $15/hr x 18 wks = $1,080 x 46.7% _ $504.36 CSC funds) Tutorial/Homework assistance/Computer Instructions (2 instructors x 3sites x 6 hrs x $20/wk x 38 weeks = $27,360 x 46.7% _ $12,777.12 CSC funds) New Innovation Summer Camp Literacy Program will include a pre & post assessment for language arts and math, activity books, teacher manuals with a CD, and two site facilitators at the three locations supervising the seven week program. ($15,600 x 46.7% _ $7285.20 CSC funds) Special Assistance to Individuals: Professional fees for part-time special assistance, reserved for children with special needs: Out of School Program: (1080 hrs x $10.92 = $11,793.60 CSC funds 540 hrs at $5,678.40 x 46.7% $2651.81 CSC funds) $55,718.00 x 46.7% _ $26,020.31 CSC funds. Original Budget Calculation =6000+1080+27360+15600+11793 600.602 Insurance $30,360 28% 5/11/2007 Insurance: General Liability = $29,880 CSC will fund $23,300. NRPA Non-Athletic Participant Insurance $1.15 x 300/students = $345.00 Paid annually Cub Scout Insurance and Liability for 75 participants $1.00 x 75 participants = $75.00 3 cub scout sites at $20/ea = $60.00 Paid annually Total Cost = $30,360-$6,580 = $23,780 x 46.&% _ $11,105.26 CSC funds. (CSC funds $11,105.26/12 = $925.44) Original Budget Calculation =29880+345+75+60 600.603 Building Maintenance Original Budget Calculation =0+0 $0 0% Agency: City of Delray Beach Page 6 Of 9 .09/05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASFJ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 600.604 Equipment RentaUMaintenance 5/11/2007 Rental of copier machine - $1,200 Annual upgrade and maintenance fee for RecTrac system - $570 Annual Time Management maintenance fee - $40 Total Cost = $1,810.00 x 46.7% _ $845.27 CSC funds. Original Budget Calculation =1200+570+40 $1,810 2% 600.605 Specific Assistance to Individuals 600.606 Dues & Subscription $0 0% 5/11/2007 ADA Services, Special needs recreation program. The rental of handicap equipment is contingent upon the enrollment of a child in the Out of School Program who would need special equipment to attend the program. Rental of handicapped van Adaptive equipment $10,000 This line item is not currently part of the program budget, but the rental of handicap equipment is contingent upon the enrollment of a child with physical disabilites. CSC does not fund. Original Budget Calculation =0+0 $980 5/11/2007 Florida School-Age Childcare Coalition membership = $100.00 National School-Age Care Alliance =$50.00 Membership for Cub Scouts = 75 x $10/child = $750.00 Cub Scout Committee = 8 adults x $10 = $80.00 Total Cost = $980.00 x 46.7% _ $457.66 CSC funds Original Budget Calculation =100+50+750+80 0% 600.607 .Training & Development $1,250 5/11/2007 Monthly on-site training includes AED/CPR training: 10 months x $125.00 = $1,250.00 (CSC avg. monthly cost $1,250.00/10 = $125.00/mo x 46.7% _ $58.38) Original Budget Calculation =1250 89% Agency: City of Delray Beach Page 7 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 600.608 Awards & Grants 600.609 Sponsored Events 600.610 Payments to Affiliated Organizations Original Budget Calculation =0+0 $0 0% $108,800 6% 7/20/2007 5/11/2007 Lion Country Safari, Metro Zoo, Boomers, Coconut Creek Park, Movies, and in-house contractual vendors such as Plaster Castele, Curious George-animals, Bounce houses, and additional activities for Summer Camp, Holiday Camp, Spring Fling and one day camps. Holiday Camp: 300 children x $28/child x 2wks = $16,800.00 Spring Camp: 300 children x $28/child x 1wk = $8,400.00 One Day Camps: $2,000 x 4day camps = $8,000 Summer Camp: 300 children x $28/child x 9wks = $75,600 Total Cost = $108,800 - $38,730 = $70,070 x 46.7% _ $32,722.69 CSC funds Original Budget Calculation =16800+8400+8000+75600 $5,040 0% 5/11/2007 Child care licenses for 3 sites = $1,440.00 Palm Beach County Sports Festival fees = 360 participants x $10 = $3,600.00 Total Cost = $5,040.00 x 46.7% _ $2,353.68 CSC funds. Original Budget Calculation =1440+3600 600.611 Miscellaneous $5,420 -7% 5/11/2007 New hire physicals, drug screening and TB/Tine test: 20 x $190.00 = $3,800.00 Physicals for staff with two years service: 2 x $190.00 = $380.00 Fingerprint check for new hire: 20 x $32.00 = $640.00 Advertising for new hire: $600.00 Total cost = $5,420.00 x 46.7% _ $2,531.14 CSC funds. (CSC avg. monthly cost $2,531.14/12 = $21.93) Original Budget Calculation =3800+380+640+600 Agency: City of Delray Beach Page 8 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved DERIVATION OF FIGURES AND LINE ITEM $ PERCEN' JUSTIFICATION OF AMOUNT INCREAS DUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREAS EXPLANATION AS NEEDED 600.201 Building Space/Rent $0 0% Original Budget Calculation =0+0 600.501 Food Service $1,050 1% 5/10/2007 Refreshments for special events linking parents with children and staff: $300.00 x 46.7% _ $140.10 CSC funds. Staff Training Refreshments: $75.00 x 10 months = $750.00 x 46.7% _ $350.25 CSC funds. Original Budget Calculation =300+750 600.701 Indirect Cost $0 0% Original Budget Calculation =0+0 600.801 Capital Expenses $0 0% (Equipment) Original Budget Calculation =0+0 998 Non-CSC Funded $0 0% Salaries Original Budget Calculation =0+0 999 Non-CSC Funded $0 0% Fringe Original Budget Calculation =0+0 Agency: City of Delray Beach Page 9 Of 9 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved Exhibit C4 Out of School Youth Recreation/Enrichment [-104] SOURCES OF REVENUE Funder Type/Funder 05-06 Total 06-07 Budget 06-07 Amend 06-07 Total 07-08 Budget 07-08 Amend 07-08 Total Percent Increase/ Decrease Government City of Delray Beach $334,224 $354,775 $0 $354,775 $367,487 $0 $367,487 4% $334,224 $354,775 $0 $354,775 $367,487 $0 $367,487 4% Non-CSC Participant Fees $42,443 $45,954 $0 $45,954 $45,310 $0 $45,310 -1% $42,443 $45,954 $0 $45,954 $45,310 $0 $45,310 -1% Grand Total $376,667 $400,729 $0 $400,729 $412,797 $0 $412,797 3% FY 07-08 Totals Total Program Revenue 5727,622 Total Program Budget $727,622 Difference $0 Total CSC Allocation $314,825 Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved Exhibit C5 Out of School Youth Recreation/Enrichment [-104] SOURCES OF REVENUE NARRATIVE Funder Type/Funder FY 07-08 Total Narrative Government City of Delray Beach $367,487 Non-CSC Participant Fees $45,310 Agency: City of Delray Beach Page 1 Of 1 09/05/07 5:54:13 PM Contract: 07-104 Status: Approved Date: September 11, 2007 • . Request to be placed on: AGENDA REQUEST Consent Agenda _X_ Regular Agenda When: _September 18, 2007 AGENDA ITEM NUMBER: Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Request approval of Agreement with Children's Services Council which provides for reimbursement to the City of Delray Beach up to $314,825 for the Parks and Recreation Out-of-School Youth Recreation/Enrichment Program, and the Mayor's signature on two original Agreements. Department Head -~~ Signature: City Attorney Revi Recommendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: es No Initials: Hold Until: Agenda Coordinator Review: Yes / No Initials: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: September 14, 2007 ITEM BEFORE THE COMMISSION This item is before the City Commission for support of the Mayors' Green City Action Accord. BACKGROUND The City received an email (copy attached) from the Florida Green Building Coalition requesting us to sign on to the Mayors' Green City Action Accord which has been adopted by the Florida League of Cities and the Florida League of Mayors. RECOMMENDATION Commission approval for the Mayor to sign the "Mayors' Green City Action Accord" resolutions adopted by the Florida League of Cities and the Florida League of Mayors. U:\wwdata\agmdaWgmda Ld'o 9.18.071Agada Memo Green Bmlding.doc Florida League of Cities and Florida League of Mavors -Green City Action Accord From: jessica conception [mailto:jessica@ecotechwater.com] Sent: Wednesday, September 12, 2007 11:57 AM To: Ellis, Rita Subject: Mayor's Green City Action Accord Dear Mayor Ellis, I am a member of the Florida Green Building Coalition and Secretary of the "Local Government Green Standards Committee". httn://www.floridagreenbuilding.org . Recently, the Florida League of Mayors and the Florida League of Cities each passed by unanimous vote a "Mayor's Green City Action Accord" resolution supporting the Florida Green Building Coalition and their Local Government Green Standards. Also, the Florida Association of Counties is in the process of adopting a similar resolution. Pursuant to the above action at the direction of the Governor Crist Green Team, the Florida League of Mayors and the Florida League of Cities, the Green Standards Committee is contacting every Mayor in the State of Florida and asking them to individually sign both resolutions and introduce them to the FGBC Green Standards. When all the signatures have been collected, they will be presented to Mayor Rick Baker, Vice Chair of the Governor Crist Green Team at a State wide Press Event. Once you have signed both resolutions, we have provided a Press Release for you to release to your local Media. Each Mayor will send the originals to Terry Janssen, co-chair of the Local Government Green Standards Committee, at 7121 Gulf Boulevard, St. Pete Beach, FL 3306. This process gets each Mayor and their city local and state wide media recognition for being sustainable. We hope to also command National Press recognizing Florida and its Cities for their environmental efforts. Please contact me if you need any assistance or if you have any questions. THANK YOU! Jessica Concepcion South Florida Distributor Direct Line 954-673-5581 Jessica@ecotechwater.com ECOTECH WATER LLC 7121 Gulf Boulevard St. Pete Beach, FL 33706 PH:877-341-9500 FAX:888-367-5556 ht~LLwww.ecotechwater.com Florida League of Cities Resolution MAYORS' GREEN CITY ACTION ACCORD Whereas, Florida's municipalities recognize the importance of developing and using alternative energies and reducing greenhouse gas emissions; and Whereas, success in pursuing the goals of alternative energy development and cleaner air will enhance America's energy security, improve our environment and provide Floridians with benefits from the economic activity associated with the new energy technologies; and Whereas, the State of Florida has recognized the significance of these issues by establishing the Florida Energy Commission as well as the Century Commission for a Sustainable Florida, which has recommended the state make energy security and greenhouse gas reduction a top priority; and Whereas, Florida Governor Chazlie Crist has taken a leadership role in this effort by establishing the Energy Action Team to make recommendations on energy and environmental matters; and Whereas, the Florida Green Building Coalition, Inc., is an effort committed to the advancement of energy and environmental progress and is supported by diverse groups including the Sierra Club, the Audubon Society, River Watch, the Florida Solar Energy Center, the University of Florida Energy Extension and others; and Whereas, the Florida Green Building Coalition, Inc., has developed goals and standazds for municipalities to pursue in order to promote alternative energies and a cleaner environment, with municipalities that achieve those standards being designated as Florida's "Green Cities"; and Whereas, the Florida Green City Local Government Standazd defines those municipalities meeting the "Green City" designation as those which incorporate multiple environmental, ecological and sustainability features into their municipal functions, which features improve environmental performance beyond the minimum required by state and local environmental regulations; and Whereas, the Board of Directors of the Florida League of Cities recognizes the Green Cities initiative as a catalyst for assisting municipalities, the state and our nation in achieving goals for energy efficiency and environmental progress; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Board of Directors of the Florida League of Cities commends Governor Charlie Crist and the State of Florida for leadership in advancing alternative energies and a cleaner environment, and commits to working with the Governor's Energy Action Team and the Florida Energy Commission on these important issues, with the objective of providing solutions at the municipal level that are voluntary, locally determined, economically feasible, and incentive-based; Section 2. That the Board of Directors of the Florida League of Cities endorses the Florida Green Building Coalition's "Green City" initiative as a voluntary means for municipalities to take positive steps toward improving and advancing our environmental quality and energy security; Section 3. That the Board of Directors of the Florida League of Cities hereby encourages municipalities to participate in the Green City initiative, and commits to assist Florida's municipalities in the development of programs that: achieve the Green City standards and designation; involve cost-efficient solutions; improve Florida's quality of life; and strengthen our economy; Section 4. That the Board of Directors of the Florida League of Mayors encourages the State of Florida and the National League of Cities to support the Florida Green Building Coalition, Inc., in the advancement and expansion of the Green City program in a manner that is economically feasible and which respects the diversity and home rule authority of Florida's municipalities. PASSED AND ADOPTED by the Board of Directors of the Florida League of Cities, Inc., this 17a` Day of August 2007. Mayor's Green City Action Accord "Green Mayor" Support Statement The City Commission of the City of Delray Beach endorses and authorizes the Mayor's signature on the Mayor's Green City Action Accord adopted by the Board of Directors for the Florida League of Cities, Inc., on August 18, 2007 and by the Board of the Directors of the Florida League of Mayors, Inc. on August 17, 2007; and commits to work within the City of Delray Beach to develop programs consistent with the Florida Green Building Coalition's Green City initiative, that advance energy security and a better environment. Signature (Green Mayor) I' ~ ~'a k~ 1 I ~ s Mayor's Name ~~ 0. q a~~~ ~ ~:-~ . Date +.: Florida League of Cities Resolution MAYORS' GREEN CITY ACTION ACCORD Whereas, Florida's municipalities recognize the importance of developing and using alternative energies and reducing greenhouse gas emissions; and Whereas, success in pursuing the goals of alternative enemy development and cleaner air will enhance America's energy security, improve our environment and provide Floridians with benefits from the economic activity associated with the new energy technologies; and Whereas, the State of Florida has recognized the significance of these issues by establishing the Florida Energy Commission as well as the Century Commission for a Sustainable Florida, which has recommended the state make enemy security and greenhouse gas reduction a top priority; and Whereas, Florida Governor Charlie Crist has taken a leadership role in this effort by establishing the Energy Action Team to make recommendations on energy and environmental matters; and Whereas, the Florida Green Building Coalition, Inc., is an effort committed to the advancement of energy and environmental progress and is supported by diverse groups including the Sierra Club, the Audubon Society, River Watch, the Florida Solar Energy Center, the University of Florida Energy Extension and others; and Whereas, the Florida Green Building Coalition, Inc., has developed goals and standards for municipalities to pursue in order to promote alternative energies and a cleaner environment, with municipalities that achieve those standards being designated as Florida's "Green Cities"; and Whereas, the Florida Green City Local Government Standard defines those municipalities meeting the "Green City" designation as those which incorporate multiple environmental, ecological and sustainability features into their municipal functions, which features improve environmental performance beyond the minimum required by state and local environmental regulations; and Whereas, the Board of Directors of the Florida League of Cities recognizes the Green Cities initiative as a catalyst for assisting municipalities, the state and our nation in achieving goals for energy efficiency and environmental progress; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Board of Directors of the Florida League of Cities commends Governor Charlie Crist and the State of Florida for leadership in advancing alternative energies and a cleaner environment, and commits to working with the Governor's Energy Action Team and the Florida Energy Commission on these important issues, with the objective of providing solutions at the municipal level that are voluntary, locally determined, economically feasible, and incentive-based; Section 2. That the Board of Directors of the Florida League of Cities endorses the Florida Green Building Coalition's "Green City" initiative as a voluntary means for municipalities to take positive steps toward improving and advancing our environmental quality and energy security; Section 3. That the Board of Directors of the Florida League of Cities hereby encourages municipalities to participate in the Green City initiative, and commits to assist Florida's municipalities in the development of programs that: achieve the Green City standards and designation; involve cost-efficient solutions; improve Florida's quality of life; and strengthen our economy; Section 4. That the Board of Directors of the Florida League of Mayors encourages the State of Florida and the National League of Cities to support the Florida Green Building Coalition, Inc., in the advancement and expansion of the Green City program in a manner that is economically feasible and which respects the diversity and home rule authority of Florida's municipalities. PASSED AND ADOPTED by the Board of Directors of the Florida League of Cities, Inc., this 17~` Day of August 2007. Mayor's Green City Action Accord "Green Mayor" Support Statement The City Commission of the City of Delray Beach endorses and authorizes the Mayor's signature on the Mayor's Green City Action Accord adopted by the Board of Directors for the Florida League of Cities, Inc., on August 18, 2007 and by the Board of the Directors of the Florida League of Mayors, Inc. on August 17, 2007; and commits to work within the City of Delray Beach to develop programs consistent with the Florida Green Building Coalition's Green City initiative, that advance energy security and a better environment. Signature (Green Mayor) Mayor's Name City Date MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CAROLANNE KUCMEROWSKI ~-' THROUGH: DAVID T. HARDEN, CITY MANAGE RICHARD C. HASKO, ENVIl2.ONMENTAL S RVICES DIRECTO DATE: SEPTEMBER 13, 2007 SUBTECT: --- SERVICE AUTHORIZATION NO.14.4/CURRIE SOWARDS AGUILA ARCHITECTS/MANGROVE PART PROJECT #2001-007 ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 14.4 in the amount of $32,754.00 to Currie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, which could not be determined during preconstructian site evaluations due to the restrictions that were placed an entering the mangroves, for the Mangrove Park Project. BACKGROUND Since Mangrove Park is a wetlands area, we were not allowed to enter the mangrove area or do any clearing. As' a result, the initial testing was conducted under limited access conditions; and we were unable to obtain sufficient soil samples. The results of the initial testing indicated that the existing walls would need to be repaired, and this scope of work was included as part of the original contract award. But, the extent of the disrepair was not evident until construction began and the walls and actual soil conditions were exposed. As a result of recent evaluations, Currie Sowards Aguila Architects has recommended that the site retaining (parapet) wall be redesigned and the sea wall be removed and replaced. FUNDING SOURCE Funding is available from #334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). RECOMMENDATION Staff recommends approval of Service Authorization No. 14.4 in the amount of $32,750.00 to Currie Sowards Aquila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. S:tEngAdminl!'rojecb1200!12001-OO~VOF'FICSAL~C~mie 3A 14.4 Agda Memo GC 091Sffl.doc CURRIE SD~IARDS •AGUILA • AR_ CI~ITECTS Robert Q. Currie, AlA . Jess M. Sowards, A[A Josh tY. Aquila, AIA CURRIE SUWAIRDS AGUILA ARGHRECTS CONSULTING SERVICE AU7'f/i0RlZAT14N DATE: Se2Genrber 14, 200"! SERVICE AUTHORIZATION N0. 14.4 FOR CONSULTING SERYIGES CITY P. 0. NUMBER: CITY EXPENSE CODE: INTRAGOASTAL lMsl+erovse~ PARK CSAA # 021002 This Service Authorization, when executed, shaft be incorporated in and shaft become an integral pare of the Agreement dated March 29> 1996, as amended, between the City of Delray Beach and TI7e Robert G. Currie Partnership, Inc., dba Currie Sowards Aquila Architecfih PROJECT DE5CRlPfION Services generally consist of additional required design and construction administration services for re-design of 5rte retaining wall and design for new sea wall due to unforeseen underground and site conditions not known prior to site clearing. II SCOPE OF SERVICES Services for this project are anticipated to include the following: 1. Provision of additional geotechnical surveys and recommendations. 2. Prepare additional design drawings and details for permit and construction. 3. Submit permit modi~#catlon application to SFWMD and administer the results. 4. Attend additianal site visits during construction. 5. Review submittals and respond to contractor questions. 6. Provide final engineering certification. Ill BUDGET Fees for professional services associated w(th the tasks listed herein shall be a lump . sum fee of Thirly Two Thous»nd Seven Hundred snd Fifty Dollars acrd No Cents (#32.750.00}. IV COMPLETION DATE Each Task will be completed ftt conJunction with construction activities already in progress. This Service Authorization is approved contingent upon the City's acceptance of and Satisfaction with the completion of services rendered (n the previous phase or as encompassed by the previous Service Authorization. if the City in its sole discretion is unsatisfied nilth the service provided in the pr~cvious phase or 5erv(ce Authorization, the Gity may terminate the Contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. FORMBRLY ROBERT O. CURRIE PARTHCRSHIY, lHC. AlA Y1,ORIDA FIRM OF THL YCAR 2000 134 Northeast Pfrat Avenue • Detray Seach, Piorida 53444 • 581-276-4951 Pax: 561-243.8184 AA0002271 www.curriearc.com TITLE: Approved by: CITY 01= DEL.RAY BEACH CURRIE SOWAIZDS AGUILA ARCHITECTS Date: Rita Ellis, Mayor Attest: Date: G• t ~ ~ Zoo't The following instrument was acknowledged Before me this Day of , 2DD7, by Josh N. Aquila, of The Robert G. Currie Partnership, inc., dba Currie Sowards Aquila Architects, a Professional Association. He i5 personally known to me And did not take an oath. Notary Public My Commission Expires: SEAL ~Y ~. '`~~ ,~., ~_ ~~:i COUNTY Ot/ PAIrM BEACH Agenda Item No.: ~~ AGENDA REQUEST DATE: S~tember 13, 2407 Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Wortcshop Agenda WHEN: SEPTEMBER 18.2007 Commission Meeting Description of item (who, what, where, how much): This item is before the Commission to approve Service Authorization No. 14.4 in the amount of $32,750.04 to Currie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea waft, due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. Background Since Mangrove Park is a wetlands area, we were not allowed to enter the mangrove area or do any Gearing. As a result, the initial testing was conducted under limited access conditions; and we were unable to obtain sufficient soil samples. The results of the initial testing indicated that the existing waifs would need to be repaired, and this scope of work was included as part of the original cxintract award. But, the extent of the disrepair was not evxtent unfit construction began and the wafts and actual soil conditions were exposed. As a result of recent evaluations, Currie Sowards Aguila Architects has recommended that the site retaining (parapet} wall be redesigned and the sea wall be removed and replaced. Funding is available from #334-4174-572-63.90 (General Construction Fund/lr>tracoastal Park/Other Improvements}. ORDINANCEIRESOLUTION REQUIRED: ND Recommendation: Staff recommends approval of Service Authoriza#ion No. 14.4 in the amount of $32,750.00 to Cunie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, which could not be determined during preconstruction site evaluations due to the~re~tricfror~s that were staged on entering the mangroves, for the Mangrove Paris Project. Department Head City Attorney Review/Recommendation (if applicable) Budget 13irector Review (required on all items inv vsn expenditure of funds): Funding available ~Y S Funding alternative N/A (if applicable} Account Ido. & Description: #334-4174-572-63.90 (General Construction Fundllntracoastal Park/~ther Improvements} City Manager Review: ~ Approved for agenda:~YE~1N0 }~~i~ Hold Until: ~~ L I Agenda Coordinator Review: Received: _ Placed on Agenda: _ Action: Approved/Disapproved $;1llmjec1s120 01120 0 1-0 071OtF9C1AI.tiClmic 3A t4.4 A6d~ Rtq CC 09i BQT.dac Determination of Consistency with Comprehensive Plan: MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS FROM: JASMIN ALLEN, PLANNER - y~~~ C~~~ PAUL DORLING, AICP, DIR CTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~~~ DATE: SEPTEMBER 12, 2007 SUBJECT: ~~~ 2007 REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 3. 2007 THRU SEPTEMBER 14.2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of September 3, 2007 through September 14, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of September 10, 2007 A. Approved (6 to 0, Frances Bennett absent), a request for a color change for an existing residential development known as Lakeside Townhomes, located on the north side of Linton Boulevard, west of Dover Road (1480 Masters Circle). B. Approved (6 to 0), a request for color and material change for proposed knee walls and awnings at The Terraces of Delray Beach, located at the northwest corner of SE 7th Avenue and SE 1St Street. C. Approved (5 to 0, Andrew Youngross stepped down), a request for site plan extension (expiring February 1, 2009) for 5th Avenue at Delray, a proposed mixed-used development located on the east side of NE 5th Avenue, between NE 1St Street and NE 2"d Street (131- 185 NE 5th Avenue). City Commission Documentation, Meeting of September 18, 2007 Appealable Items D. Approved (4 to 2, Connor Lynch and Mark Gregory dissenting), the architectural elevation plan for Engtek, a proposed four-story mixed use building containing office and residential uses, located at the northwest corner of George Bush Boulevard and NE 7tH Avenue. The site and landscape plans were previously approved by the Board. E. Approved (6 to 0), a Class I site plan modification associated with architectural elevation changes for an outbuilding at the South Delray Shopping Plaza, located at the northeast corner of South Federal Highway and Lindell Boulevard (3001-3195 South Federal Highway). F. Approved (4 to 2, Andrew Youngross and Connor Lynch dissenting), a Class I site plan modification associated with the installation of six telecommunication antennas and radio transmitters for the Coastal House, located on the west side of Ocean Boulevard, north of the south City limits (2200 South Ocean Boulevard). G. Approved (6 to 0), a Class III site plan modification associated with a change of use from retail to office for Rodriguez Tenant Improvement (fka Delray Center for Wellness), located on the west side of SE 4tH Avenue, south of SE 1Sc Street (120 SE 4tH Avenue): H. Approved (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a new 12,199 sq. ft. sanctuary for Calvary Church, located on the south side of SW 10tH Street, between SE 8m Avenue and SE Stn Avenue. Concurrently, the Board recommended to the City Commission approval of 'the following deferral and waiver: Deferral to LDR Section 6.1.2(A)(2), which requires right-of-way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of-way, subject to the condition that the applicant enter into a deferral agreement. ^ Waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance along SW 11tH Street and SW Stn Avenue. Approved (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the conversion of an existing 117,218 sq. ft. building into three retail bays and the construction of two additional out-buildings for New Century Commons, located at the southwest corner of Linton Boulevard and SW 4tH Avenue. Historic Preservation Board -Meeting of September 5, 2007 Approved (5 to 0, Keith Snider absent), a Certificate of Appropriateness associated with the construction of an addition and associated alterations to an existing accessory structure, located at 1015 Nassau Street (north side of Nassau Street, between Gleason Street and Venetian Drive). Concurrently, the Board approved a variance reducing the side-yard setback from 7.5' to 0.10' and the rear-yard setback from 10' to 5.8'. 2. Approved (5 to 0), a Certificate of Appropriateness associated with as-built alterations to a non-contributing structure located at 119 South Swinton Avenue (east side of South. Swinton Avenue, south of SE 1St Street). No other appealable items were considered by the Board. The following item which was' considered by the Board will be forwarded to the City Commission for action. 2 City Commission Documentation, Meeting of September 18, 2007 Appealable Items Recommended denial (4 to 1), to the Planning and Zoning Board the privately initiated amendment to LDR Sections 4.4.24(B)(12)(c) and 4.4.24(F)(1)(a) to include Lots 16-18, less the south 75 Feet thereof, Block 69 in the properties zoned OSSHAD (Old School Square Historic Arts District) which are subject to the Permitted Uses of 4.4.13(8) and Development Standards of 4.3.4(J)(4), Central Business District Zoning District, excluding exceptions to height limitations provided in 4.3.4(J)(4). RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 3 CITY Of DELRAY BEACH, FLORIDA - City Commission Meeting - SEPTEMBER ~ 8, 2007 L-30 CANAL 906 ~ -' ~ ~, J W n u o ~ LAKE IDA ROAD `5 " r" m ~,_ ~ ~ H ~~ _ - ~ _ _ 1 1 c r' - L. ~~, ~ _ ,_, _~~_~.~ `95 aos A ArLaNnc L ~ m VARD 0 O 2 ~i BAS/ L~,_, ~, ! 1 ~Oly,1, ROPD = ! Z o L, N N C~9 W O ..~.. V L-38 CANAL C-15 CANAL V °~~ Q 3 y 5 3 H ~/J I- 1a ~ GULF STREAM 0 w a o m W I L. 0 1 i i ! ~ i ~ A1A ~ ^^v V Q ~~ 1 ~ ¢_ ~ 1 y" ~ ' Q ~ W~ i ~ ; x ~ J W - y SPRAB N A. LAKESIDE TOWNHOMES I. NEW CENTURY COMMONS B. THE TERRACES OF DELRAY BEACH C. 5TH AVENUE AT DELRAY HPB _ _, _ _ aTYUMIrs -~ -~ -~~- D. ENGTEK BUILDING 1. 1015 NASSAU ONE MIL E. SOUTH DELRAY PLAZA E F. COASTAL HOUSE 2. 119 S. SWINTON AVENUE GRAPHIC SCALE G. RODRIQUES TENANT IMPROVEMENT (DELRAY CENTER FOR WELLNESS CITY OF DELRAY BEACH, FL PLANNING 8 ZONING DEPARTMENT SEPTEMBER 2007 H. CALVARY CHURCH DIGITAL BASE MAP SYSTEM - - MAP REF: S:\Plonning /4 Zoning\DBMS\Fle-Cab\CC-OOC\9-18-07 - - MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager Richard C. Hasko, Environmental Service Director FROM: Timothy Tack, Project Manager ESD/CRA SUBJECT: ,AGENDA ITEM #S. ~. ~ -REGULAR MEETING OF SEPTEMBER 18, 2007 SUNSHINE PARK CONSTRUCTION CONTRACT EXECUTION CITY PROJECT # 2007-040 DATE: SEPTEMBER 10, 2007 ITEM BEFORE COMMISSION Request for Commission approvallauthorization for the Mayor to execute the construction contract with GC Works, Inc. for the construction of Sunshine Neighborhood Park for $133,093.40. BACKGROUND The work is for the construction of a packet park at 200 SW 15th Avenue, Delray Beach, Florida, as part of the Southwest Neighborhood Plan. This project generally consists of the following: grading, landscaping, irrigation, lighting and sidewalk. A complete Bid Tabulation is attached. FUNDING SOURCE Funding will be provided by the CRA. See the attached memorandum. The capital account number for this project is 334-4151-572-68.39. RECOMMENDATION APPROVAL Enc Cc Project File Agenda File S:\EngAdminlProjects\200712007-04{?\OFFICIAL\Contractor Recommendation Agenda Vtemo.doc ~~~ ® ~~~ DfIRAY BI~ACfI COMMllNITY RED®V EIOPp{ENT AGENCY To: Mary Ann Young, Accountant II City of Delray Beach From: Jeffrey A. Costello, AICP Assistant Director, CRA Date: September 7, 2007 Re: Sunshine Park - FY 2007-2008 Funding for Park improvements Please be aware #hat the CRA has budgeted $506,266.00 for Parks/Neighborhood Green Space, pursuant to the Southwest Neighborhood Plan. This figure includes $160,000.00 for the construction of Sunshine Paris, based on the bid proposals recently received by the City Engineering Department. The interiocal agreement with the City concerning the construction services for various projects, including Sunshine Park, is scheduled for the September 20, 2007 CRA Board meeting. At that meeting, the Board will also adopt the CRA Budget for FY 2007-2008. Pease da not hesitate to contact me if you have any questions. Thanks Jeff 20 North Swinton Atienue • Dekay Beach, Florida 33444. 561-276-8640 • Fax 561-276-8558 Y ro a S s m Z d G N 7 C .Q L~ r W ~ ~ D ooaooo 000oooooaooooooo o0 ooooSooooo0000000 o0ooo a ao C O W~ ~ p C Cp G<DCCtjOOCt3>C C]OCOCC OSO SOQ~OeDOOantp OOMN~OOOOrO ~ r V ~ W 0 V ODm V qM/D 0006~tnN r00 t()M tON QM004R CO qOD 69 CA ~1n BCD 00 rN00 f/d tfJ~~tf) ~ n M i H ~ Mi !A ~ 69 /A fA ~ /fl r4A 64 (A b9 iR 69 69 Vi 64 Sfl ~ C O V ggc~ooooaoogggooooo00000 t ' ' ~ .W ~C) O d 0p0p0000 g p000 p00 pp Oh0 00406g9SO(OC)S 000>eM-aap69~~N0SS°O :~ m ~ Z- ~ ~ qO~ W to to 0Cn 7fiNMnn EA 59M00lA CD ~ IA fA ~ EA H3 !A ~ ~ ~ ~ ~ ~ !/1 tl9 A9 (p V! EA V! 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' ~ ~V~ .. ...~ ,r ~ _....._..----.. _.__.__-_ _ _- t---- _ . ,.> ,.:: E- C .. r..:., ,_ ..._ i i ` .., i I !. ______. _~ _ _._._-----._ ~ .___-~ ~_ _.j l ,.. ' .~~. „_~ r }~ ~ ~ f ~ F ... Date: 10 September 2007 AGENDA ITEM NUMBER: ~ ~ ~ ~ I AGENDA REQUEST Request to be placed on: Consent Agenda _X_Regular Agenda -Workshop Agenda -Special Agenda When: 18 September 2007 Description o£Agenda Item (who, what, where, how much): Request for Commission approvaUauthoxization for the Mayor to execute the construction contract with GC Works Inc. for the construction of Sunshine Neighborhood Park for X133,093.40. The cat~ital account number fox this project is 334-4151-572-68.39. Recommendation: Department Head Signature: City Attorney Review/Recommendation (if applicable): O-dv-v~ Budget Director Review (required on all items involving expenditure of funds): Funding Available. Yes No Initials: Account Number ~ 3~ "~f S~ -~ 7Z ~6`' Description ~~~~'~~- ~~~ Account Balance: ~~~~/ O OCR ~~~ ~~~~ ~~~°~--~ Funding Alternatives: City Manager Review: Approved for Agenda: es No ixutials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2007\2007-o40\OFFICIAL\Contractor Recommendation Agenda Request.doc MEMORANDUM TO: Mayor and City Commissioners --~~ THRU: David T. Harden, City Manager LJ~~ Richazd C. Hasko, Environmental Services Director FROM: William A. Grieve, P.E., Assistant City Engineer SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF SEPTEMBER 18.2007 CONTRACT AWARD TO WEST CONSTRUCTION INC. /LINDELL BLVD. TRAFFIC CALMING PROJECT #2003-OOS DATE: September 12, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve the contract awazd to West Construction, Inc. for the Lindell Blvd. Traffic Calming Project. The cost of project is $458,932.60. BACKGROUND The work generally consists of the following: three divided roadway medians, three stamped asphalt speed tables and one round-a-bout and associated miscellaneous improvements. The project was bid with a base bid and three add bid alternates. The base bid and Add Bid Alternate A were for the construction of the round-a-bout at Lindell Blvd and Dotterel Road. The base bid required the contractor to keep the intersection open to traffic during construction and Add Bid Alternate A allowed the contractor to close the intersection during construction for a maximum of 45 calendar days. Add Bid Alternate B was for the construction of the stamped asphalt speed tables and Add Bid Alternate C was for the construction of the three divided medians at the intersection of Lindell Blvd. and Cazl Bolter Drive. After review of the bid tabulation and to minimize the impact on the residents, staff recommends awazding the base bid and both add bid alternates B and C. A complete Bid Tabulation is attached. FUNDING SOURCE Funding Source Account Number Balance Contract Lindell Traffic Calming 334-3162-541-65.78 $349,415.75 $349,415.75 Lindell Drainage 448-5461-538-65.78 *$109,517.00 $109,516.85 Total $458,932.60 * Following Budget Transfer RECOMMENDATION Staff' recommends approval of the contract award to West Construction, Inc. for the Lindell Blvd. Traffic Calming Project. cc: Agenda File 09/18/07 File 2003-005 (E) u:~~a.n~a.u~a. r~ v. is.o~w9-~ e.oT n~aa Me~.doc 8 R.2 •'y_ .y+; C .~ V ~p T *, o O ~ ~ O m Z ~_ ~ m ~ c.0 ~a :O m O oooooooogSSS°o°o°o°o°o 00000000 °o 2 g gg go$ o $O o ° ° ° o 8 .E ~ ~ 1 n o_ o_ o O_ o_ w ln 's~9 µµµµ1lII ~U nlnNmmNmmlrirml6N0I~ wmw ww wwwv Nwwwwwwwww Iri w ~ V ~ p S S O O O S O S S S S O O S S O O W L (,~ pp O ~[> 1A O O 1I7 0 0 0 0 0 0 0 0 O S O 1~ r y S N N O O O O O O O Z~ 0 0 0 w w w O w w 10 0 0 0 0 0 0 w ~ d r M aND ~ V w mw W w°Dw rww w w w ~ o~ p 00000000000000000 ooooo000000000000 ooooo000000 Q Q 0 0 0 O $ ~gg YY 2255 0 0 0 0 0 0 0 0 0 0 w c ; 1n v o.o r~ o 0 1n 1n o 0 o w 'G R1D 1(jNNN ~~-mt017N a0 f~ wwwQ1 ~ w w wwww ww v O. 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NN~~ wwww o.. ._ 00000000 o 0 0 0 0 0 0 o S W 0 ~jj O WO O O O O O f~ N v 1n o 1D y 61 16 1O N10VSaorrnm m 00 n . $ ~U t~1 to y Oi 1[1 'Q t7 N wwwloww~w ~ ~ } p W ~ O w w V 0 0 0 0 106 100 100 m ~r W V ' oooo1d 6i 1d vi yomow~w~ Z' ~ N 10 V O w w M tp LL~ ~ 0. wwwro w ' ooooo000 ooooo000 0 0 ~`F oooooomo O O O O O N m m o 0 pZ.Q W U 01<)In0~0N0N oir~vim ~o wM O o E W ~.. w o w wwwww c n ~ ~ ~ ' 0 0 0 0 0 0 0 0 00000000 _ t w ° ° ° r w ZU w 1 1 o n ggwu s w ~ a _ _ ° . www m w w ~~ 0 ~~.-.-SN~m Q N .Z ' yyylO LL. Y YLL .. '- J J J J t!7 y y J ~ d O m N U v c I m m L J i I I N C .-. A ~ ~ c ~ ~ m O ~~ ~ , O c B m T .~ i ~ 6 ~0 p ~0 ~ c N~ C 3 c 5 p {~0 I oFaoEQy'E ¢ n etf ' 2 U aEiOU' ~a1¢p1 I O ~m v~ic~~~ I ' p C N~~ c~ 0 p . ~ ~G OQ~ ~= , ~ ,. 1V» m. n5mm~aAm . ~ N a U ` ~C ~~UH ¢ l v NS ~ m MMM ZZ t m ~ °o °o, Mo ayD Om1 w ~ °o N w S°o my w~ w w °m O W w o°, O 0 N w. a m lJll r~ ~d e 0~0 Q 30tp 0 ~.3.j O ~~~~~~0_ O e G r 6 t~ i o m - ~W 0 ~~ ~ ~~ ~~ Q _~ ~ ~~# ~~_ ~~~~ Date: September 12. 2007 AGENDA ITEM NUMBER:,F_~ ,~~~:: . ~~~- ~: _ _ :~:. AGEN~}A REQIjE5T Request to be placed on: X Consent Agenda _,_,R.egular Agenda _Work$hop Agenda -Special Agenda When: September 1~, 200? . Description of Agenda Item (who, what, where, how much): This item is before the Commission to approve the contract award to West Construction, Inc. for the Lindell Blvd. Traffic Calming Project. The work generally consists of the following: three divided roadway medians, three stamped asphalt speed tables and one round-a-bout, this construction includes roadway reconstruction, sodded swales, driveway apron replacement, pavement markings and traffic signage, asphaltic pavement overlays, concrete sidewalks, curbs and gutters, and associated miscellaneous improvements. The cost of project is $458,932.60. Recommendation: Department Head Signature: City Attorney ReviewlRecommendatian (if applicable): Budget Director Review (re uired on all items involving expenditure of funds): Funding Available: es o Initials: /°yi~ Account Number 334-3162-541.65.7$ and 448-5461-538-65.78 Description See above ~f~ Account Balance: $458 932.E Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:/ No Initials: ..,_ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projecte\2003\2003-005\OFFICIAL\09-i&07 agenda.doc Joseph L. SchroecSer Chief of Police fO: I IiR()l K;l l DATE: St'I~JF:C I Delray Beach °tt""" "t"" Police Department ~~~-A 3~JC1 V~Jest Atlantic Av~nu~ Delray Beactr. Florida 33444-3695 1;561) 243-7888 Fax 1561 243-7816 ' ~oo.t ''' !~1EMORANUUM ~~;,,~ M,4YC)R A!tiD CI fY C'()!~1 VIIStiIO'tik•:R5 SfLARON 1_.'tiERKC)1:~~, ADM[NISTRATIVF. C)FFICE CI`fl' MA'v.ACiF.R ~~~ September I.3, 2007 ~ AGF.tiDA ITEM #___~!' ~ ' ~ - RF.Gl:1.AR MF,ETING OF tiF.PTF.MBF:R I8 21111?, l ti1FORM ORUF.R ITEM BEFORE ('OMMISSIOti The Uelrt~ Eieath Police Department 1 Df3PD) requests approval tier the purchase of replacement uniiorrns from Argo Uniform. Current polio} supports i~our ta) unlit) unitorrns per otYctr per dear and costs are hudeeted annually. The Polite Department requests approval to purchase [wo t'-1 unitimns per utlicer (1-10 ofTicers) now. The estimated cost of the purchases is $29,85 ~. based un the quote provided by Gold Nugget dh a Argo Ilnitonti Co.. dated 6 29 07 with additional costs of apprmimatel~ S~0 per officer for emhruiden tuf~ficers~ names and patches). bringing the total cost estimate to 533.05 ;. Approval is also hein~~ sought to purchase an additional tstio (_') uniforms per officer durin~~ the upcoming fiscal year. Next }ear's purchases yv ill he made on an as needed hosts, fur replacement purpctscs only at an anticipated cost of $~-3,00(1. BACKGROUtiU Last year. the Polite Department decided that the current utility unitbrm needed to be modified in order to provide a more professional appearance by our otticen in the field. 7hc utilih uniform in use consists of a polo shirt and shorts with ern embroidered badge. While otiering comtim and convenience to the otiicer~, it has created a certain amount of confusion in the field when the public does not recognize this as a true police uniform. The Deparnnent ti~ok this npportunit} ti> conduct a thorough review of uniform needs and option>..A uniform committee. comprised of both civilian and sworn personnel. yeas developed in Septernber'_006. Cher the past ~ear_ chi, committee has conducted in-depth reviews of uniforms in use at our department and other depamnents. contacted vendors, and evert tested a variety of unifirnns evaluatin~~ them im the basis of cost. prati•ssionalism, and comfort. l~he [Ibeco unitixrn met all of the criteria and was selected. Prices were solicited from several vendors with [he results itemized below. Arlo is the ooh local vendor of F:Iheco products. TPG would have uy purchase Elbeco products from Aron resulting in a price increase when using that vendor. l:sual replacement of uniforms was put on hold during this evaluation. pending approval of the unitonn chamcs. and those tirnds art currently available. Further, the piilic~ of pruyiding a unitonrs per dear t~l pants and ~3 shirts] was amended to provide only tvvo initially and up to nviy replacement> on an as-needed basis only. I~his should result in a significant cost savings over the next several yearn. Special Products Group: Not an F:Ibeco vendor and declined to heaamc an Llbeco vendor. Tactical Products Group (TPG): 'slot an I:Ibeco vendor. l.!nit prices ranee from S? 1 - 599 (itemized quote attached) .4r~o: Unit prices ran~se from S~-1.3R - ~9y. overall prices reflect costs I3°a Itss than TPG. and in r?me cases the Argo price. is almost half that of I P(i. FUNDIM1G SOIJRCF. unencumbered tirnds totaling S~3-i.000 are available in the uniform account, ins 001-21 I I-i21-]2.22_ (1611-21 13-521-53.'_2, 0(11-2115-531-53." 001-2t l~_5~1.5~ ~~,(101-2119-521-5'_.22, and001-2121-5'_I-52.22. RECOMMENUATIOh The Police Department recommends approval of thin unitorno order request from .Argo Ilnifi~rnt. .SercirtJ,• K•itJr P.K.1.U.1:. Prafi°.v.ciortalisnt, Ke.cpcrt, I-rtegrity, /)ivc~rcitti urtd I:rc•ellc~rtc•e -~ c. ~ o ~ c a V U 3 ~ '~ '~ O a ~ ~ £ _ '~ E w ~ a ~ ``°r' o V ~~ ~ M ~ M ~ r`t 3 ~ r~i rp i .~ tf3 m w c ~ ~ ~ O o Z a a c, O ~ ~ m ~ ° ~"' o . _ ~ O t!7 ~ 00 N O m N ~ M ~ Ef) iR m W ~ Q U m h t ~ ~ U ~ N ~ O ~ ~ m ' ~~ ~ N ~ O O U v! Q tl~ .~Q O ~ ~ m h ~ O mom= ~ ~ U ~ U ~ , +=~ a c m w c a axi m c 0 m c co -~ 3 t U t 3 N N N O U d .a O N N .a U C O C N O N t .... O z 06(26/2007 02:05 9544589734 ARGO UNIFRM PAGE 01 '~: Dskay eeacri Folioe inwe Sandy Nb1: PQfTy t:olernen 5lYal~dfvOlxi~Omt.00m Fax: 954-45&9734 Pie 1 PAonae 954457-7100 des 6129/Z007 ~ Pfire Quole CC: ^ ~n ^ Fsr Rslrlw~- ^ -Iwasx CawnM-! O PMne IM'ly O Pbax RxaYcia Price quote an Efbeoo uniforms as bNaws: E814 men's four pocket pants -524.38 E9814 iadys - 531.88 E814 men's cargo pants -546.32 E9614 ladys - $46.32 E714 men's shorts -538.00 E9714 lady's -538.00 P884 men's s/s shirts -525.95 P8121adys - 325.95 3804 unisex jackets with hoed and panels - 599.00 Oversize charges due appy on all pants, shirts and jackets. Men's parrts 44 - 50 = 1096 l.edy's ZO - 24 =10% 52 - 54 = ZO% 26 = 20% 56 up=30% Men's shirts 2XL - 3XL = 20% Ladys shirts 44 - 4s = 20% 4XL =3096 Jackets 2~ - 3~ =2090 4XL = 3090 There's no addilfanal charge to sew patches or to do the hems on the pants. ff there's a waist alteration needed we charge 37.00 to have k altered. We wiN come up to the department fD measure everyone. we can send a sizing tine for you tD keep on hand or you arse more than welcome Oo come down to our kHCation to be sized. If you have questions please feel free to contact me. Si cer+ely. ,~~-~~ ~ - Satrdy Evans TACTICAL PR~DUCTS c~ouP,In>IC. Tactical Products Group, Inc. Your source /or High Speed, Low-drng Tactical Geor! 755 N.W. 17'" Ave. Suite 108 Delray Beach, Florida 33445 (561) 265-4066 Fax (561) 265-4061 QUOTE DATE: JUNE 27, 2007 EXPIRATION DATE 30DAYS TO Delray Beach Police Department Notes: 300 West Atlantic Ave. Delray Beach, FL Etbeco Uniform Quote Attn: Sgt. Crane-Baker SHIPPING ~ PAYMENT ~, SALESPERSON JOB METHOD SHIPPING TERMS DELIVERY DATE TERMS DUE DATE DTL ~ local 30 Days __ CLIN 1 2 3 4 5 6 7 8 9 10 QTY f40 70 180 25 t0 32 140 140 140 70 DESCRIPTION UNIT PRICE DISCOUNT ~ LINE TOTAL '! , , E814, Men's 4 pocket pants, Dark Navy _. 541.85 ' 55,859.00 E714, Men's cargo pocket shorts, Dark Navy ~ 539.95 52,796.50 P8b4, Men's Short Sleeve Paragon Plus Shirt, Dark ~ 531.00 55580.00 Navy E9814, Women's 4 pocket pants, Dark Navy 541.85 51,046.25 E9714, Women's cargo pocket shorts, Dark Navy 539.95 5399.50 P814, Women's Short Sleeve Paragon Plus Shirt, 531 00 ' 5492.00 Dark Navy 3804, Meridian Jacket, Dark Navy 586.00 512,040.00 H3804, Meridian Jacket Hood, Dark Navy 59.00 $1,260.00 (3815, Meridian ID Panels 54.00 5560.00 E614, Men's Cargo Trousers, Dark Navy 554.19 53793.56 __ --_ _ TOTAL DISCOUNT SUBTOTAL $3432b.56 SALES TAX NIA TOTAL Quotation prepared by: Dan Lounsbury This is a quotation on the goods named, subject to the conditions rested below: (Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.) To accept this quotation, sign here and return: __ -- THANK YOU FOR YOUR BUSINESS! TACTICAL PRDUCTS c~ouP, nvc. Tactical Products Group, Inc. Your source Jor High Speed, Low drop Tactrco! Gear! 755 N.W. t7`" Ave. Suite 108 Delray Beach, Florida 33445 (5b1)265.4066 Fax(561-265-4061 TO Delray Beach Police Department 300 West Atlantic Ave. Delray Beach, FL Attn: Sgt. Crane-Baker Notes: Elbeco Uniform Quote c~uo-rE DATE: JUNE 27, 2007 EXPIRATION DATE 30DAYS SALESPERSON ~Og SNIPPING SHIPPING TERMS DELIVERY DATE MfTHOD PAYMENT ~ TERMS DUE DATE DTL locaE 30 Oays ~.~r CItN QTY DESCRIPTION UNIT PRICE DIS~T LINE TOTAL 1 140 ' E814, Men's 4 packet pants, Dark Navy 541.85 J+~~ ~`1 j $5,859.00 7y.~ 13 2 70 . E714, Men's cargo pocket shorts, Dark Navy 539.95 ~~~~'~ "'! 52,796.50 7,r.~C~ > P864, Men's Short SleeNa yaragon Plus Shirt, Dark $31 00 ~y • ~} ,~ ', 55580.00 N~ ~ { 3 180 . ^ ' 4 25 E9814, Women's 4 pocket pants, Dark Navy 541.85 ~ i, ~~ 51.046.25 ~ ~ 5 t0 E9714, Women's cargo pocket shorts, Dark Navy $39.95 15.CC / ~i 5399.50 E ~~+ 6 32 P814, Women's Short Sleeve Paragon Plus Shirt. 531.00 2, -' ~i 7 ~ 7• 5992.00 ,~~ Dark Navy 7 140 ~ 3804, Meridian Jacket, Dark Navy 586.00 512,040.00 ' 8 t40 H3804, Meridian Jacket Hood, Dark Navy $9.00 ~` ~ $1,260.00 {~,cJT~ 9 140 F3815, Meridian ID Panels $4.00 5560.00 10 70 ~ Eb14, Men's Cargo Trousers, Dark Navy $54.19 '~'~' 3i' 53793.5b ?j,1~Z __ - ~_ __~ - ~c_ ,] ~; 4ir't""'1 ~' ~ ~ _ ~ L,,.a ~ _ TOTAL DISCOUNT } X. SUBTOTAL 534326.56 ~{yDl~ ~I~C"1~'.' i 'i~,tt%~ ; '~411~.L2c'•tl'CjLj 'I 4JRt~hl1'~~~' rfi4.r• __ V ~G bzn ri~vs~FilY~"LTr"c.)~j c~'t !'+•~'~[~n4-~ SALES TAX NIA .3 E TOTAL Quotation prepared try: Dan Lounsbury This is a quotation on the goods named, sub}ect to the conditions noted below; (Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation.) To accept this quotation, sign here and return: THANK YOU FOR YOUR BUSINESS! Date: 9 I~3 O7-rev'd Request to be placed on: X Consent Agenda When: September 18, 2007 AGEI~TDA ITEM 1~tUMBER: AGENDA REQUEST Regular Agenda _ Workshop Agenda S.R3 Special Agenda Description of agenda item (who, what, where, how much): The Delray Beach Police Department (DBPD) requests approval for the purchase of replacement uniforms from Arlo Uniform The Police Department requests approval to purchase ~ uniforms per officer (1.10 officers) now, at a cost of approximately $34,v53 and up to ~ uniforms per officer during the upcomtn~ fiscal year. Next year's eurchases will be made on an as needed basis, far replacement purposes only, at an anticipated cost of $24,000. Department Hea Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: es No Initials: ~, Account Number(s): 001-2111-521-52.22, 001-2113-521-52.22, 001-2115-521- 5~ ~~, 001-117-521-52 22 CG1-2119-521-52.22, and GC1-2121-521-52.22 Description: Uniform Purchase Account Balance: $44,000-}~~ Funding Alternatives: N/A (if applicable} City Manager Review: Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: Mayor and City Commissioners THRU: David C. James, Fire Chief THROUGH: City Manager~~ DATE: September 13, 2007 SUBJECT: ASenda Item #~. R.~ Regular Meeting of September 18.2007 Purchase of Additional Mobile Data Terminals for Staff Vehicles ITEM BEF,QRE COMMISSION City Commission is requested to approve $75,101.00 for the completion of the MDT (Mobile Data Terminals} project. BACKGROUND These vehicle laptops will complete the current MDT project, to purchase and install mobile data terminals (laptops) in all vehicles. This technology increases communication and dispatching capabilities, reduces radio traffic, provides viewable data screens far dispatch information, mapping and arrival codes, and provides an additional communicatian pathway with secure transmission. The project includes the purchase of twenty (20) Dual Care Vehicle Laptops in the amount of $42,940.00 per quote #381088033 with seventeen (17} locking docking stations in the amount of $15,436A0 per quote #381087988 {three (3) laptops do not require docking stations) from Dell Marketing LP via Florida State Contract #250-000- 03-01 pricing and fifteen {15) licenses with one year maintenance from SunGard H.T.E as a sole source provider (to be compatible with software currently being utilized by the City of Delray Beach) in the amount of $16,725.00 to be installed on fifteen (15) of the laptops per quote dated 08/15/2007. Five (5) of the requested laptops will not require this software to be installed. FUNDING SOURCE Funding is available through account code: 334-6112-522-64.11 RECOMMENDATION Staff recommends Camrnission approve the purchase of twenty (20) laptops seventeen and 17 docking stations from Dell Marketing, Inc. in the amount of $58,376.00 with fifteen (15) licenses from SunGard H.T.E in the amount of $16,725.00 as a sole source provider far a total of $75,10 i .00. ~: -.,~` ~~~ ~~- ~~~~ p -~_ ~` ~~ ~~ ELL r~~- ~fx 'a' . ~1 ~,~: fr ~ J `~ Date: 8116!07 7:44:30 AM ` ~ { ' ~ v ~.5~' l t ~ ~ asp. a vi ~. QUt~TATION QUOTE #: 381088033 Customer #: 1015934 Contract #: 9x231 CustomerAgreement #: 250-000-03-1 Quote Date: 8116/07 Customer Name: CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $42,940.OQ Product Subtotal: $42,940.00 Tax: 50.00 Shipping & Handling: 50.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 QUANT[TY: 20 SY5TEM PRICE: $2,147.00 GROUP 747A#_: $42,540.00 Base Unlt: Lstltude ATG D620, Intel Core 2 Duo 75500, 1.86GHz, BB7Mhz 2M L2 Cache, Dusl Cone (222• 72g@,} Processor: 14.1 inah Wlde Screen WXGA RGDLCD far Latitude ATG D620 {311-6939) Memory; 1.OG8, DDR2~67 SDRAM, 2 DIMM for Deb Latitude Notebooks (311-5685) keyboard; internal English Keybaartl for LstKude Notebooks (310.8713} Video Csrd: Intel Integrated Graphics Media Accelerator 950 i.at#dede ATG D620 (320.5245} Herd DHve: BOGf3 Shock Mounted Hard Drive 9.SMM, 4200RPM, for Latitude ATG D620 (341-4418} Hard Drive Controller: Standard Touchpad for LatlWdeD620 {310.7268) Floppy Disk Drive: Operating System: Floppy Drive,IntemaUExternalfor Dep Latitude D-Family, Notebooks, Factory Tied (3406895} Windows XP Professlonat, 3P2 wlth enedla, for Latitude English, Factory Installed (420.4790) TBU: CD-ROM or DVD-PION Drive: Deli Slim AutalAirlAC Ad:pter #or Latitude D SsNes (3108812) 24X CDRWIDVD with Cyberibek Power DVD far Vista BasfclBush-ess, Latitude DX20 (313-5943) Processor Cable: Intel 3945 WLAN (602.11alg) mint Card Latitude, Factory tnsta0 (430-1481) Factory installed Software: Resources CD wl Diagnostics andDrivers for Latitude D620 Nate (310.8629) Feature _9-CeiU85 VYHr Primary Batbsry #or Latitude D620 (312-0379) Feature Large Nybn Carrying Case for Ds;f Latitude D-Family Nobbooks (310-7688) $e~; Contract -Next Business Day Parts and Labor On-site Response, 2YR Extended (982-0392} Service: CDMTact -Next Business Day Parts and Labor OnStte Response, In[tial Year (882 2720) Service: Deli Hardware Warrer~pr, initial Year (966.1787) Service: DeU Hardware Warranty, Extended Year(s) (986-1786} Service: PUS, Lot Stand 3YR (983.6668} Service: CompleteCare Accidental Damage8vc, Lat, 3Yr (9bo-W07) 8ervica: GOLD TECH Support,LAT,INIT (REL), Dial 1-800-8763355 for Support (987Jl189) Service: GOLD TECH Support,LAT,2YR EXT {REL), Dial 1-800-676.3355 for SuppoR (987-1277) SAGES REP: Barbara Herber PHONE: 1-800-981-3355 Email Address: Barbara harber~delLcom Phone Ext: 7243012 Ear your convenience, your sales representative, quote number and customer number have been file://C:~Documents and Settingslgiaccone~L,oca1 Settings\Temporary Internet Files10LK4... $/I7/2007 --a- - •-- -.,.~ . L ~~. ~ ~ EL Q~o~a~~~~ ~a QUOTE #: 381087988 Customer #: 1015934 Contract #: 90231 CustomerAgreement #: 250-004-03-1 .Quote Date: 8116107 Data: 8116/07 7:43:12 AM Customer Name: CITY OF DEtRAY BEACH TOTAL QUOTE AMOUNT: $15,436.00 Product Subtotal: 515,436A0 Tax: 50.00 Shipping 8~ Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 SOF'TINARE ~ ACCESSORfES Product Quanta Uni# Price Total DELL S P • Locking docking station for the Dell D620 computer. ~cludes port rop (AOfi46653) DELL S P -DELL - DC DC Power supply wfth cord configured far hardwire installat (A06457081 17 17 5759.00 S1d9.00 112,905.00 12,533.00 Number of S ~ A Items: 2 SBtA Total Amount: $15,436A0 SALES REP: Barbara Harter PHONE: 1-80D-981-3355 Email Address: Barbara_harber~deit.f:om Phone Ext: 7243412 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www deft cam/Quote Unless you have a separate agreement with Dell, ~e terms and conditions found at http:i/ftpbox.us.dell.com/s1glresellers/reseilertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. ""'Sa/es/use tax fs a destinat}an charge, f.e. based on the 'ship to' eddrisss on your purchase order. Please }ndicate ysur taxaki}l0r ~++~,~s on vour PO. If exempt please fax exempflon certlfrcate to Dell Tax Department at 592-283-9276, referencing your customer number. if you have any questions regard}ng tax please ca11800-433-9019 oremall Tax Department@deil.com. `"` All product and pricing information is based on latest Ir~#ormation available. Subject to change without file://C:~Documents and Settings\giacconelLocal SettingslTemporary Internet Files\OLK4... 8/17/2007 m g O ui ~ ~ 1`' . N N eR O O ~ • w d ~ C u~ ~ o ooaooo• ~ 0 0 0 0 0 0 0 p i. £ o ooooon~ o w ~www~ V" N rti w w r ~ ~ ~ ~ ~ - m , ~ a c C o : ~ $ o ~ ~ O ~ ~ U ~ "' M W w ~ V a on m W LL ti ~= c CC G 1{f ~ N ~ ~ ~..d 4 gym= ~ ~ ~ ~' 1 ~ ~ R ~ ~ ~ ~ ~ r i ::[ "'~ Any, ^. d. ic~i ~_• O m m ai m ~ O O O. p~ ~ r-. N O = G m M @Q U '~ ~ f0 d ~ m m ~ Y ~ ~ m .~ O C ~ ~ r _ ~ ~ C ~ N ~ ++ '~ C W Q ~ ~ ~ ~, ~ o .~ m. ~ ~ a m ~~~>o ~o c' .~~~,mac~ ~~ iv = •' v :p ~_ ro ~'' -o O m X ~ C _G `' ~ t6 ~~ C o c~ ~~~gNO mc~i ~° .a ~ o '~ c~ .. ` ~ .a ,... ~ c m ~`~ Oho ~aa coot E ~ ~ ~ ~~ $' 3 >= o~`=T~ ro m ~ ~y N ~J.00 m~ ~.~ O. F-.. m E°~}~~ m~~~~ ~ _c~o. O d '_ ~ N 'O C 'O ~ ~ ~ a~~~c~~`~°r~~a cc~m--o't~o~~~ ~ VJ m~ C F dj W~ ~ p m@;'3W.~s~~md~ ~3~ m °~ m a~ an m~ c`a« m ~ C ~ ~ C N ~ N N m G ~ .Q m~ w ~ tl7 m +m. ~ w ~ m 'fl C yN„ ~? ~~m~~oQa~~~m~ m m C ~ .. s g o ._ m •~•. h ~ ~ ~ ~ rn tea y 4 > `-~ ~ °cc--~~c ~~ am AJ!^- ~~F-dfn1-~Z m oT ~. r C11 R7 of tC) tD I`~ OC Q1 r r O N N ~+ . Q m ~ ~ m m ~+ N 111 .0 'd .- O w O ~„ a 'O ~ m m a c° 0 t~ m .n m 0 7 w __ G 0 ~a O V ~° v m H ~ M ~~'' ~ ~ ~ !L Q LL ~ i'S ~ g r - ~ OI ~ ~ U -. ~ mom ~ °' a ~Z m ~ m ~ C7 ~ o°a c m -a m: 0 U c w z C MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER:~~%~ DATE: SEPTEMBER 13, 2007 SUBJECT: AGENDA ITEM # l`J• R.~- REGULAR MEETING OF SEPTEMBER 18, 2007 BID AWARD -BOX SEAT REPLACEMENT/TENNIS STADIUM ITEM BEFORE COMMISSION Commission is requested to approve a bid award to Carlson-Moore Construction in the amount of $160,780.80 for the replacement of 1,272 box seats with cup holders at the Tennis Stadium. BACKGROUND Bid specifications for this replacement were prepared by Bridges, Marsh and Associates and were advertised on August 19, 2007. Two (2) bids were received on September 10, 2007. A copy of the spread sheet is attached. Our architect has checked references, verified that the low bid meets specifications and recommends award to the low bidder. Replacement will be completed before the February International Tennis Tournament. FUNDING SOURCE Funding for this bid award is available in account 001-4210-575-63.90, after a budget transfer. RECOMMENDATION Staff recommends approval of a bid award to Carlson-Moore Construction in the amount of $160,780.80 for the replacement of 1,272 box seats with cup holders at the Tennis Stadium. RAB/db Attachment U:\wwdata\Agenda\Agenda Item Bid Award Box Seat Replacement Tennis Stadium.doc W ~ M O w ~ w ~ H U °a a z U a w ~- WaWr E~ U W A ~a ~ U o N S o ~ ~ S ~ o ~ ~ ~ A 0 ~ ds ~ °~' ~ U ~ ~ ~ p ~ N t~ ~ o ~ N 69 ~ N A ~ a ~ a U c a a ~W ~ m o V '~ N N "'' ''"' a~ ~ ~ ~ ° o °'~' A F' o .U ~ ~ ~ ~ C ~ •~ --ql ~ al ~ ~ C c~ ~ "'~ ~ d' ~ ~ U ~ U ~ ~, ' ~ ~ W ' ~ ~ W 0 U rage i of i Beldowicz, Donna From: Briges Marsh Architects (Tammy) [tmmy@bridgesmarsharchitects.com] Sent: Thursday, September 13, 2007 1:33 PM To: Beldowicz, Donna Subject: FW: Bid #2007-53 From: Briges Marsh Architects (Tammy) [mailto:tmmy@bridgesmarsharchitects.com] Sent: Thursday, September 13, 2007 1:14 PM To: 'barcinksi@ci.delray-beach.fl.us' Subject: FW: Bid #2007-53 From: Briges Marsh Architects (Tammy) [mailto:tammy@bridgesmarsharchitects.com] Sent: Thursday, September 13, 2007 12:38 PM To: 'barcinski@ci.delray-beach.fla.us' Subject: Bid #2007-53 Bob, At your request we have reviewed the two bids received for the seat replacement at D.B. Tennis Center and confirmed that Carlson-Moore is the low bidder. We have talked to one reference for Carlson-Moore and received an excellent report as to a project in Sunrise currently under construction. A call to the seat manufacturer, Contour Seats, Inc., confirmed that the bid submitted by Carlson-Moore included all items specified in Bid package. Also seats can be delivered in 4-5 weeks after order placed. With the information available to us and the fact that Carlson-Moore is lower than Southern Bleachers by +/- $21,000, we see no reason not to recommend Carlson-Moore for the Project. Mark Marsh, AIA 9/13/2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: FRANK BABIN, RISK MANAGER THROUGH: CITY MANAGER ~ /~ DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPTEMBER 18, 2007 OCTOBER 1, 2007 RENEWAL OF LIABILITY, WORKERS' COMP & PRIMARY PROPERY INSURANCE PROGRAMS ITEM BEFORE COMMISSION Renewal of the City's liability, workers' compensation, and primary property insurance programs. BACKGROUND Arthur J. Gallagher & Co. is the City's insurance broker with Lisa Rodriguez, Area Vice President, being the City primary servicing agent. I have attached from the formal proposal of Arthur J. Gallagher & Co. your reference the following: • Executive Summary • Account Service Team • Compensation Disclosure • Proposed Carrier Ratings and Admitted Status • Statement of Values • Insurance Renewal Baz Chart Representation As you approved this past June, Arthur J. Gallagher & Co. was able to "cancel and rewrite" the EXCESS PROPERTY INSURANCE for a June 20, 2007 to June 1, 2008 policy period. As a result, we have "short termed" the policies renewing in October to also renew on June 1, 2008. A significant premium saving was realized through the excess property insurance rewrite, and the renewal in June is intended to precede the "hurricane season" expectedly allowing for more favorable premium negotiations with a "less nervous" underwriter. However, this has required some complicated calculating. I have attached the following spreadsheets which are intended to explain this situation, as follows: • 10/07-08 Budget v. AJG Proposal (WC/Liability policy for 18 months) • 10/07-08 Budget v. AJG Short Term Proposal q.A On the Budget v. Proposal worksheet you will note that the premium amount is for $536,310 but is for the purchase an 18 month "package" workers' comp/liability insurance policy. Not only can we "lock in" a good premium but also the current self insured retention limit. In that we would only charge 12 months of premium ($357,540) to the F/Y 07-08, and the balance to F/Y 08-09 ($178,770), we would come under budget by $42,710 as shown. Otherwise, we would renew this policy in June 2008 and take our chances. For your reference, I've attached a Budget v. Short Term worksheet showing the budget balances available after the 5!30/08 "short term" policy premiums have been paid. I will note that the projected F/Y 07-08 excess property premiums (not shown) of $1,392,515 aze composed of an October 07 thru May 08 piece (about $900,000) and a June thru September 2007 piece (about $400,000). FUNDING SOURCE 551-1575-591-45.30 Boiler & Machinery Premium; 551-1575-591-45.31 Package Premium (Liability, Workers' Comp, Primary Property); 551-1571-591-45.34 Employee Performance (Crime) Premium. RECOMMENDATION Commission approval to renew the liability, workers' compensation, and primary property insurance programs of the City as recommended by staff and in concurrence with Arthur J. Gallagher & Co., as follows: 1. Insurance policies for the term 10/1/07 to 6/1/08 as follows: • Princeton E&S, Primary Property, $188,012 • Princeton E&S, Excess Liability, $197,369 • ACE American, WTP/LTtilities Property, $167,806 • Hartford SB, Boiler & Machinery, $7,399 2. Insurance polices for the term 10/1/07 to 10/1/08 as follows: • Hartford Life, Statutory AD&D, $13,393 • Hartford Ins SE, Crime, $3,405 3. 'The workers' comp & excess liability insurance policies for the 18 month term 10/1/07 to 4/1/09 through Staz Insurance for $536,310. However, $357,540 (12 months) would be chazged to F/Y 07-08; $178,770 (6 months) would be charged to F/Y 08-09. C O V ~_ ~ .~ ~ a ._• ~ ~ ~ ~~ J Q C O O ti O O r r O~-ON~ NOr-MM 00 f~ f` O M NON~"~ ~ ~ ~ ~ O d1 O op to ~n o ~t a~ o N P- ln O d~ ap ~ ~ ~- M' ti ~ ~ ~ ~ ~ ~ ~ ~ O O O O O t~ 0 1n M ~t O ~A N O 1` ~ r O ('7 M '~ C~ O r- tf} ~ N ~ ~ i~ 6 ~= ~ ~ p ~ J a._ ~ (6 J N N ~ N ~ a c x W ;~,, ~ ~ p :c ~ ~ ~ U ~ L p- W Y L ~ ~ ~ Q ' . mU S ti N r iA N 0 O T ~~ Q O F- .~ a~ c %= •c c 'a o axi a m a o ~ AA`` ~~ W 00 ~ n ~ O U C o ~ ~ N m ~ m ~ M t M ~; m ~ c ° 'o ° c°i o ~ 3 ~ .mac a~ ~ c ti ~ M ~ ~ ~ m co ?~ as c ~ cq ~°v ~ ~ ° o ~~ ~ .~ .~ ~,M °~ a °' ~ o ~ a° t U .~ 'G Ql `°~ mii ~ O ~ ~ ~ o v .~ -° ,, ° ~ ~~ ~~ ~~ Q ~ 0o p°' a m ' ~' +'~+ C ~ _ C l0 ~ ~ O ~ W ~~ z N X r U O a a rn .~ O ti 0 ... H r,, m ~ v ~ ~ -p e0 m m ao o ~ ,n M_ v ~ 0 ~ a o ~ ~a 0 r 00 4 O ~ e ~ O m r O d' O r- to fl000MM C~C~OOC~M In M ~ In ~ N ~ ~ ~ ~ ~ ~ tD O O ~A 00 O C~ O O M O~ M M~f' ~ t~ 00 I~ M CO N ~Ef3 ~ ~ ~ ~ 0 0 0 0 0 1~-OLnM~fi O ~ N O ti ~-~OMM in CO O r- E!~ i~~~~ N O ~_ ~ .fl o- ~ ~ ~ N J a m N J ~, N ~ ~ ~ U ~= Q ~ X }, ~ V W ~ p ~ ~ ~ U ~ `~+' ~ p~ Y ~ (~ ~ O a.Q~m O~ M N N X14 ~I ch O~ O~ I~ J G O L U 1- ... rn a m 0 c~ a~ c 0 N N M M co ~~ w ~ O OU ~ ~ '~ m t a ;~ ~ c a~ c ~ m fl. c y ca .a .. co c .a o m -a -a a~ •~ m o ~ a~ fq U O n. '- a a m ~ a~ o ~~ iv ~., Q U off ~_ Q ~ v o Q. .~ ~ ~ ~ W H z X r N 0 ti 0 CITY OFDELRAYBEACH • ZQQ?- 2OU8INSURANCE PROPOSAL EXECUTIVE SUMMARY We are very pleased with the results of this year's renewal negotiations. In June 2007 we successfully secured acancel/re-write to the City's excess property program which resulted in a reduction of over $417,000 in premium. This enabled the City to increase the amount insured by $10,000,000 and still save over $150,000 to the bottom line. This cancel re-write to the City's excess property program had the secondary effect of creating a lack of concurrency in the City's overall insurance program. In order to correct this "temporary" situation, we recommended that the City renew the remaining policies in the City's Protected Self-Insurance Program on a short-term basis from October 1, 2007 to June 1, 2008. ,The City's long-term relationships with the insurance community, sound risk management practices and loyalty to its insurance partners has once again placed the City in a privileged position among its peers. When we explained that it is the City's intent to continue its long-term partnership and relationship with its insurers, these unanimously agreed to offer renewals on a pro-rata basis for the short term policies, waiving the short-rate penalty that would have normally applied. The City's exposure projections are increasing from 2006/2007 to 2007/2008 as follows: Ex osure Fund Year 2006 Fund Year 2007 Chan e Total Insurable Values $ 128,611,833 $ 150,367,179 17% Po ulation 64,000 64,100 0.2% Gross O eratin Ex enditures $ 101,515,100 $ 123,148,290 21 Pa roll $ 41,392,830 $ 46,353,522 12% Em to ees 828 951 15% We are happy to report that despite the projected exposure increases for the next policy term, we have been successful in negotiating significant "rate" reductions and moderate "premium" reductions for this renewal. Premiums have been pro-rated to reflect the applicable premium for the term 10/1/07 to 611/08 as follows: Insurer Covera a Short-Term Annualized 2006/2007 Ch Princeton E&S Prima Pro $ 188,012 $ 282,019 $ 308,073 -9.24% Princeton E&S XS Liabili $ 197,369 $ 296,054 $ 305,000 -3.02% ACE American WTP/Utilities $ 167,806 $ 251,709 $ 257,244 -2.20% Hartford SB B&M $ 7,399 $ 11,098 $ 11,098 0% Hartford Life* AD&D $ 13,393 $ 13,393 $ 13,076 +2.42% Hartford Ins. SE* Crime $ 3,405 $ 3,405 $ 3,405 0% $ 577,384 $ 857,678 $ 897,896 -5% * These policies are continuous and reflect annual anniversary premiums. CITYOFLIELRAYBEACH • Z(107- 2Q©S INSURANCE PROPOSAL As shown in this previous table, the only policy that reflects a premium increase is the Accidental Death & Dismemberment policy for City police officers and firefighters. The rate on the policy remains unchanged. The premium increase is purely driven by the increase in police officers and firefighters from last year. Princeton Excess & Suralus Lines Insurance Company The Princeton Primary Property package reflects a 9.24% premium reduction, which when combined with the City's 17% exposure increase, results in a rate reduction of over 26%. The Excess Third Party Liability policy also reflects a 3% premium reduction despite increases in the City's budget, number of employees population and number of locations. This is a significant reduction in the overall rate for the City's exposures. In addition to this, Princeton is currently working on authorizing a $25,000 contribution to help mitigate some of the City's recent Loss Control expenditures with respect to both property & liability. ACE American Ace American provides a $25MM limit of insurance for the City's Water Treatment Plant and Utility property insurance. Despite a $13.3MM or 19.4% increase in the insurable values for these facilities, the insurer has provided a 2.2% premium reduction. This is an effective 22% reduction in the policy rate. Recommended Coverages Not in the Current Program Coverages that we have recommended and discussed with the City's Risk Management Department and are pending underwriting information so that we may provide a quote for the City's consideration include but are not limited to: / Pollution Liability / Additional Flood Insurance (Marina & Excess Flood) / Marina Operators' Liability & Legal Liability / Tenant/Facilities User Special Events Liability / Sexual Misconduct Liability / Cyber Risk Liability CITY OF I}ELRA Y l~'EACH • 2OQ7- 2QQ8 INSURANCE PROPDSAL ACCOUNT SERVICE TEAM Members of the Account Service Team maintain a close working relationship with the City of Delray Beach. Year round, team members make certain that someone familiar, responsible and with proper level of authority to act as necessary is always available to respond to your Insurance and Risk Management needs. Our account service ~ team brings to the table many years of experience handling risk management programs for public entities. Arthur J. Gallagher Risk Management Services, Inc. insures more cities, counties, school boards and other governmental bodies than any other broker in the State of Florida. Arthur J. Gallagher Risk Management Services, Inc. and the City of Delray Beach form a working partnership, with the ultimate goal of improving your program and the products and services that make up your Protected Self-Insurance Risk Management Program. Lisa Rodriquez, ARM, ARM-P • Area. Vice President Terry Bozelle, ACSR • Client Service Representative Jessica Garcia • Technical Assistant Miami Office Resources/Expertise Gary Van der Voort • Area Chairman Tony Abella Jr., ARM, CPCU, ARE • Area Vice PresidentlBranch Leader - Public Entity & Scholastic Division Michelle Barrow, AAI • Area Assistant Vice President, Director of Client Services & Professional Standards Barton Douglas • Area Vice President & National Director Claims Advocacy Practice Group Maria Tueros • Regional Claims Advocate James D. Smith • Director -Risk Control Services CITY OFIaELRAYBEACH • ZQQ7- ~QQ$ INSURANCEFROPOSAL COMPENSATION DISCLOSURE One of the core values highlighted in The Gallagher Way states, "We are an Open Society," and our open society extends to the compensation Gallagher receives. For more information on Gallagher's compensation arrangements, please visit www.ajg.com/compensation. In general, Gallagher may be compensated as follows: Gallagher Companies are primarily compensated from the usual and customary commissions or fees received from the brokerage and servicing of policies handled for a client's account. As permitted by law, Gallagher companies occasionally receive both commissions and fees. 2. Gallagher Companies may also receive investment income on fiduciary funds temporarily held by them, such as premiums or return premiums. 3. Gallagher Companies may access other facilities, including wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace. Gallagher Companies may own some of these facilities, in whole or in part. If such a facility was utilized in the placement of a client's account, the facility may have earned and retained customary brokerage commission or fees for its work. 4. In placing, renewing, consulting on or servicing any retail insurance policy, entities acquired by Gallagher companies may continue for three years after the acquisition date to participate in contingent commission agreements in place at the time of acquisition with insurance companies that provide for additional retail contingent compensation if underwriting, profitability, volume and retention goals are achieved. 5. Gallagher assists its customers in procuring premium finance quotes and unless prohibited by law may earn compensation for this value added service. If you have specific questions about the compensation received by Gallagher and its affiliates in relation to your insurance placements, please contact your Gallagher representative for more details. In the event you wish to register a formal complaint regarding compensation Gallagher receives from insurers or third parties, please send an e-mail to Compensation_Complaints@ajg.com or send a letter to: AVC Compliance Officer Arthur J. Gallagher & Co. Two Pierce Place, Suite 1820 Itasca, IL 60143 GITYOF~DELRAYBEACH • 2QQ?- 2QQ8INSURANCEPROPOSAL PROPOSED CARRIER RATINGS AND ADMITTED STATUS Princeton Excess and Surplus Insurance Company A XV (12/6/2006) Non-Admitted State National Insurance Company A VII (06/20/2007) Admitted Ace American Insurance Company A+ XV (10/16//2006) Admitted Hartford Steam Boiler Inspection & Insurance Company A++ X (06/13/2007) Admitted Hartford Life and Accident Insurance Company A+ XV (06/25/2007) Admitted Hartford Fire Insurance Company A+ XV (06/25/2007) Admitted If the above indicates coverage is placed with anon-admitted carrier, the carrier is doing business in the state as a surplus lines or non-admitted carrier. As such, this carrier is not subject to the same regulations which apply to an admitted carrier nor do they participate in any insurance guarantee fund applicable in that state. Guide to Best Ratings Rating Levels and Categories Level Category Level Category Level Category A++, A+ ................ Superior B, B-..........................Fav .................................................... oor D A, A- ..... .............. Excellent C++, C+........... Marginal E........... Under Regulatory Supervision B++, B+ ........... Very Good C, C- .......................Weak F..................................... In Liquidation S ............................... Rating Suspended Financial Size Categories (In $000 of Reported Policyholders' Surplus Plus Conditional Reserve Funds) FSC I Up to 1,000 FSC IX 250,000 to 500,000 FSC II 1,000 to 2,000 FSC X 500,000 to 750,000 FSC III 2,000 to 5,000 FSC XI 750,000 to 1,000,000 FSC N 5,000 to 10,000 FSC XII 1,000,000 to 1,250,000 FSC V 10,000 to 25,000 FSC XIII 1,250,000 to 1,500,000 FSC VI 25,000 to 50,000 FSC XN 1,500,000 to 2,000,000 FSC VII 50,000 to 100,000 FSC XV 2,000,000 or more FSC VIII 100,000 to 250,000 Best's Insurance Reports, published annually by A.M. Best Company, Inc., presents comprehensive reports on the financial position, history, and transactions of insurance companies operating in the United States and Canada. Companies licensed to do business in the United States are assigned a Best's Rating which attempts to measure the comparative position of the company or association against industry averages. Copies of the Best's Insurance Reports on the insurance companies are available upon your request. Gallagher companies use A.M. Best & Co.'s rating services to evaluate the financial condition of insurers whose policies we propose to deliver. The rating of the carrier and the year of publication of that rating are indicated. Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. CITYOFDELRAYBEACH - ' • ~®Q ~- 2OUS INSURANCE PROPOSAL STATEMENT OF VALUES • Property w/o Water Treatment $61,505,379 Property for Water Treatment $81,721,800 Fire Vehicles $6,336,000 Electronic Data Processing Equipment $3,840,000 Auto Physical Damage $3,250,000 Business Income $1,000,000 Electronic Data Processing Extra Expense $1,000,000 Electronic Data Processing Media $250,000 Mobile Equipment $282,000 Valuable Papers $100,000 Totals ~ $159,285,179 * Values as of 8/20/2007 per City of Delray Beach a MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER ' PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~,L THROUGH: CITY MANAGER DATE: SEPTEMBER 11, 2007 SUBJECT: AGENDA ITEM # ~"I~ JJ -REGULAR MEETING -SEPTEMBER 18 2007 CONSIDERATION OF A SIDEWALK WAIVER REQUEST ASSOCIATED WITH THE DEMOLITION OF AN EXISTING HOME AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE LOCATED AT 744 SEASAGE DRIVE, WITHIN THE BEACH OVERLAY DISTRICT ITEM BEFORE COMMISSION A request has been received to demolish an existing home and construct a new single family residence. Pursuant to LDR Section 6.1.3 (B) (1 ), a 5' sidewalk is required. The applicant is seeking relief from that requirement via this waiver request. BACKGROUND Presently there are no sidewalks along Seasage Drive or Bauhinia Road or in the vicinity of the subject property. Pursuant to Land Development Regulations (LDR), Section 6.1.3 (D) (1) (b) - Waiver, where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be completely waived, subject to approval by the City Commission. Pursuant to LDR Section 2.4.7 (B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; !n the absence of existing sidewalks in the neighboring area, granting this waiver will not pose any adverse effects. !n contrast, imposing sidewalks along the right-of--way solely for this property, will likely adversely affect the aesthetics of the neighborhood. (b) Shall not significantly diminish the provision of public facilities; Public facilities such as curb and gutter have been provided in the landscaped median located at the intersection of Seasage Drive and Bauhinia Road, directly in front of the proposed development. Given the lack of sidewalks in the area, waving this requirement will not diminish public facilities associated with non-vehicular circulation. (c) Shall not create an unsafe situation; and, Due to the lack of need for access by the general public to the proposed development, the absence of sidewalks will not create an unsafe situation for pedestrians. City Commission Regular Meeting -September 18, 2007 Waiver Repuest -Sidewalks (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. All waiver requests are granted on a case-by-case basis as deemed appropriate for the circumstances of each proposed development. !n this particular instance, a sidewalk deferral is deemed more appropriate. Prior single family development proposals (also located on Seasage Drive in the Beach Overlay District) were granted sidewalk deferrals by the Development Services Management Group (DSMG), not sidewalk waivers. A deferral would require installation if and when sidewalks are ultimafely installed. This is more equitable rather than requiring the tax payers to fund this future improvement. This project was reviewed by the DSMG at its meeting of August 23, 2007, and a sidewalk deferral was deemed more consistent with development patterns on Seasage Drive. Thus, granting this waiver may serve to set a precedent for future waiver requests by other property owners or applicants. Under similar circumstances, it is reasonable to assume such requests would not be deemed appropriate and therefore should not be supported. Granting the requested sidewalk waiver will not have an adverse affect on the neighboring area, create an unsafe situation or diminish the provision of public facilities. However, approval of this sidewalk waiver may be deemed a special privilege, due to the fact that other owners or applicants seeking waivers under similar circumstances have been granted sidewalk deferrals instead of waivers. In turn, a positive finding with respect to LDR Section 2.4.7 (B) (5) can not be made. RECOMMENDATION By separate motions: Waiver Reauest Deny the waiver request to provide relief from LDR Section 6.1.3 (D)(1)(b) and Section 6.1.3 (B)(1) fora 5' sidewalk, based on negative findings with respect to LDR Section 2.4.7 (B)(5). Sidewalk Deferral Approve a sidewalk deferral to provide relief from LDR Section 6.1.3 (D)(1)(b) and Section 6.1.3 (B)(1) for a 5' sidewalk, based on positive findings with respect to LDR Section 2.4.7 (B)(5). Attachments: ^ Location Map ^ Waiver request letter from the applicant dated July 23, 2007 2 ST. CASUARINA ROAD ° z ~ a o ~ w z w BUCIDA RD. z ~ w o W z In ~ ~ w w ~ Q Q p ~ O~ MELALEUCA RD. ~ ~ W CAR/g I- Sq RD W Q ~ TAMARIND RD. V Qom. S.E. 8TH ST. BAUHINIA ROAD ~j w ~~ ~ ~ Q ~- ~ ~ Q w Iw ~i AZALEA RD. s.E.aTH ~ w cr. ~ 'a `ti ~ J 2 Q r F- S.E. 9TH ST. ~ , J Q Q ~' w O ~ W vi ° ~ U ~ Q HIBISCUS OAD I- Z c~ ~~ ~~ POINSETTIA RD. ~ N SUBJECT PROPERTY ~_ GATZ RESIDENCE 744 SEAGATE DRIVE qTY OF OELRAY BEACH, FL PCN: #12-43-46-21-07-016-0150 LOCATION MAP PLANNING & ZONING DEPARTMENT -- O1ClIAL B4S£ MAP SYSTEM -- MAP REF: S:\Planning h Zoning\DBMS\File-Cab\Z-LM 1001-15D0\LM1032_GATZ RESIDENCE IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 744 SEASAGE DRIVE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 744 Seasage Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 6.1.3(B)(1) a 5' sidewalk is required. The applicant is seeking relief from that requirement via this waiver request. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.3(8)(1) comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 6.1.3(8)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18~' day of September, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 ^BE~ dE316N aSSOC1AiES, INC. Monday, July 23, 2007 Attention: CANDI JEFFERSON, SENIOR PLANNER RE: 744 SEASAGE DRIVE, GATZ RESIDENCE Project File Number: 2007-236-BEA Project Description: Demolition of an existing home and construction of a new single family residence. Dear Mrs. Jefferson On July 11th 2007 we received a Memorandum from the Planning and Zoning Department, signed by you, and in the item 4th it says: 4. Pursuant to LDR Section 6.1.3 (B), a minimum five foot (5') sidewalk is required for low density residential areas, and should be located within or adjacent to the street right-of-way with a strip of grass or landscape area, at least two feet (2') in width, separating the sidewalks from the street pavement or curb section. Applicant may seek a sidewalk waiver or deferral for relief from this requirement. That's why we are asking for that waiver now REGULATION WHICH IS TO BE WAIVED: LAND DEVELOPMENT REGULATIONS CHAPTER SIX D ~ (, ARTICLE 6.1 DESIGN SATANDARDS AND REQUIREMENTS JUL 2 7 2007 SECTION 6.1.1 (B) WAIVERS ALLOWED PLANNING & ZONING 33 SE 1TM Street, Suite B, Boca futon, Florida 33432 Phone: 1561} 362-6408 Fax: [561} 362-8834 206 E. Moody Boulevard, Flagter Beaeh, Florida 32136 Phone: [386} 439-5650 Fax: [386} 439-5651 E-Mail: be-design.net w w w ._~e d e s _~ n. n_e_t t.ic# AA2600122~ SECTION 6.1.3 (D) RELIEF FROM SIDEWALK INSTALLATION (1) RESIDENTIAL (b) WAIVER: Where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. JUSTIFICATION FOR GRANTING THE WAIVER: Since this is a consolidated area and there is no sidewalk on any street around the property 744 Seasage Dr. We ask to be relief from sidewalk installation in front of this house. Thank you in advance for your attention to this petition. BE Design Associates __._ Dr. Bart atz Property Owner 33 SE 7"' Street, Suite B. Boca baton, Florida 33432 Phone: [5611362-6408 Fax: [5fi113fi2-8834 206 E. Moody Boulevard, Flagler Beach, Florida 32136 Phone: [3861489-5650 fax: [3861439-5651 E-Mail: be-design.net w w u!e_, be d e_s i sJ n ._n_~ t tic# 8526001227 Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the City) and Bart Gatz (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 744 Seasage Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Seasa~LDrive right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH Page 1 of 3 NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 744 Seasage Drive which is legally described as Lot 15, Block 16, SEAGATE SECTION B, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 56, and that part of Lot 16 of said Block 16 described as follows: For a point of be~innin~ commence at the Northwest corner of said Lot 16; thence run in a Southerly direction, along the West boundary line of said Lot 16 a distance of 30 feet; thence run in an Easterly direction along a straight line to the Northeast corner of said Lot 16; thence run in a Northwesterly direction 178.87 feet, more or less, along the Northerly boundary line of said Lot 16 to the Point of Be inning. 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Seasage Drive right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney Mayor Page 2 of 3 WITNESSES: (Please type or print name) (Please type or print name) STATE OF ) COUNTY OF ) OWNER: By: BEFORE ME personally appeared who [is] [are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this My commission expires: day of 20_. Notary Public (signature) (Seal) agbsidewalk deferral agreement Page 3 of 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~ FROM: ESTELIO BRETO, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~J THROUGH: CITY MANAGER ~~~ DATE: SEPTEMBER 12, 2007 SUBJECT: AGENDA ITEM # "I • ~~ -REGULAR MEETING -SEPTEMBER 18. 2007 CONSIDERATION OF A WAIVER REQUEST TO ALLOW A TEMPORARY OFFICE TRAILER FOR MAROONE CHRYSLER JEEP DODGE AT 1001 LINTON BOULEVARD. ITEM BEFORE COMMISSION Consideration of a waiver request to allow the installation of a 1,400 square foot temporary office trailer for the Maroone, Chrysler, Jeep, Dodge automotive dealership as a temporary sales office for the employees and a customer waiting area to be utilized during the construction of the new showroom/office building. Since permits for temporary office trailers are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(F), approval of a waiver from the City Commission is required. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following narrative in support of the proposed waiver: "We are requesting a waiver to install a temporary office trailer for Maroone Chrysler Jeep Dodge. The purpose of this temporary office trailer is to provide a temporary sales office for the employees and customers of Maroone Chrysler Jeep Dodge during the construction of the new showroom office building. " The temporary office trailer is located at the southwest corner of the property within an existing parking area. This area is substantially screened by the existing 16,242 sq. ft. service and parts building to the north and the existing 5,418 sq. ft. sale office to the west. There will be no place for the customers to wait for vehicle service nor for salesman to conduct business during the construction of the new showroom office building unless a temporary office trailer is provided. The temporary office trailer will have a handicap ramp, air conditioning, telephone, TV, water fountain, and a bathroom to accommodate the customers. The applicant has not indicated the anticipated length of time that the trailer will be located on the property. A 'recommended City Commission Regular Meeting -September 18, 2007 Waiver Request Associated with the Temporary Office Trailer for Maroone Chrysler Jeep Dodge condition of approval is attached that the trailer be removed prior to the issuance of a Certificate of Occupancy for the showroom/offices and that the subject area be restored to a parking area pursuant to the site plan of record. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5} can be made. BACKGROUND The property consists of Tracts "D" and "E" of the Wallace Dodge replat, Parcel "A" of the Bill Wallace Nissan plat, and Lot 47 of the Sands O Sea plat, which together contains 20.50 acres. The property was annexed into the City in 1969 with the C-2 (General Commercial) zoning designation. In 1972, the property was rezoned from C-2 to SC (Specialized Commercial) in conjunction with citywide rezoning and adoption a new Zoning Code. As part of the citywide rezoning and adoption of the Land Development Regulations in October 1990, the property was rezoned from SC (Specialized Commercial) to PC (Planned Commercial}. In 1993, the City Commission rezoned the property from PC to AC (Automotive Commercial) as part of a corrective rezoning. At its meeting of January 11, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a Class IV site plan modification to demolish the existing 3,612 sq. ft. Dodge sales office and construct a 20,392 sq. ft. showroom office building in its place. In addition, a new 35,064 sq. ft. service building will be constructed on the northeast portion of the project site. The construction of the new showroom/office building has not begun. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) is scheduled to consider the site plan mod cation for the temporary office trailer at its meeting of September 26, 2007. The results of the City Commission consideration of the waiver will be announced at this meeting. RECOMMENDATION By motion, approve a Temporary Use Permit for the placement of a temporary office trailer at 1001 Linton Boulevard to allow an employee office and a customer service waiting area, based on positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That the Temporary Use Permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom). 2. That the Temporary Use Permit be valid for no more than two years from the date of issuance. 3. That the temporary office trailer be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom/offices. Attachments: ^ Location Map • Site Plan and Elevations 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MAROONE CHRYSLER JEEP DODGE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Maroone Chrysler Jeep Dodge. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: Pursuant to LDR Section 2.4.6(F) a temporary office trailer is not included within the list of allowable temporary uses. The applicant is seeking a waiver to allow the placement of a temporary office trailer. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would a waiver to Section 2.4.6(F) comply with the requirements of 2.4.7(8)(5)? Yes No Conditions: 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 2.4.6(F). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18"' day of September, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 a ,~, Q. ~~~Q. 0 ~ P~ ~ ~~ P Q- QQ~,~~J~ Q ~~0 PARK TEN > ROYAL BALM DR. PARK TEN 3RD ADD. d UNTON o CENTRE z a L W Q ~ ~~ (n J e e~ C'7 ti W ~ ~ C~ 2 ~ 11TH THE GROVES ELLA ST. t~~s~:i MAROONS FORD _ ~_/\ MAROONS r. _ 1Jl SSAN 95~ LINTON OUTBACK W U Q -.r CIRCUIT a CITY ~ SOUTHRIDGE >\Q MAROOllE VILLAGE 3 ~ DODGE CONDO `" OUTNRIDGE ~ ~ CONDO B O U L E V A R D LINTON 1 TERNATIONAL PLAZA ROSS LAKEVIEW APARTMENTS TARGET THE NOME DEPOT /~ ,off N MAROONS CHRYSLER, JEEP AND DODGE -~ P OPERTY 1001 & 1111 LINTON BOULEVARD CITY OF OELRAY BEACH, FL O LOCATION MAP PLANNING At ZONING DEPARTMENT -- O/CITAL QAS£ MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\Fle-Cab\Z-LM 1001-1500\LM1039_Maroone Chrysler, Jeep and Dodge I 59LE-E5L•Y56 -M www 44££S 5t~0~ 'gJBi~ 69.[t2Q j fi Y vmECC varooid'a~vvaaav„ao~ VaYiS~ lYIMOGMY 4 1'ilM3~ ' j~ P~ifl aaT~rT TTIT ~ t00T a~poQ-daar zais~~ auoo~~y~ ~ ~ ~ ' `' ` ~ ~" ~ ~ mmnvi . i~3un~v arvxarrn '~'d~' ~~+~ ~ . aeTd adeospueZ ~~~ Z I - V I I I b ~~ c oN ~3f1N3Ad4WL'M'S ~_ 8 V 0 .. .. ~Y s ~~ •_~>.- ... af~T.l I I I! 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ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER~~~ DATE: SEPTEMBER 14, 200//7 SUBJECT: AGENDA ITEM # `-'l ~ -REGULAR MEETING -SEPTEMBER 18, 2007 FINAL SUBDIVISION PLAT FOR HIBISCUS LAKE ESTATES AND ASSOCIATED WAIVERS TO LDR SECTIONS 6.1.3(6)(2) (SIDEWALKS) AND 6.1.2(C) (PAVEMENT WIDTH) FORA 4-LOT SINGLE FAMILY SUBDIVISION LOCATED SOUTH OF HIBISCUS LANE, EAST OF LAKE IDA. ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a preliminary plat, certification of a final plat and approval of two waivers fora 1.80 acre, four lot, single family subdivision known as Hibiscus Lake Estates. The subject property is located south of Hibiscus Lane, approximately 1700' north of Lake Ida Road (east of Lake Ida). This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.80 acre property is one existing lot which is to be subdivided to create 4 single family lots. All structures on the property have been demolished except for a former guest house located at the southeast corner of the property. In 1990 via the Citywide Rezoning Ordinance #25-90 the property's zoning was changed to R-1-AAA-B (Single Family Residential) and it has retained this zoning designation. In June of 2006, an application was submitted to replat the property into a 4-parcel, detached single family subdivision to be known as Hibiscus Lake Estates. At its meeting of April 16, 2007 the Planning & Zoning Board reviewed the initial proposal and recommended it be rescheduled for a subsequent meeting of the Board. Also at this meeting, direction was given to the applicant via the Planning & Zoning Board members to address two primary concerns. First, that a major redesign of the project be considered; specifically the incorporation of an appropriate turn around feature such as a cul-de-sac or "hammerhead" road layout. Second, that a meeting between the applicant and neighbors take place to address the details of the project proposal and its impact on the neighborhood. The applicant has addressed the first issue by redesigning his project with cul-de-sac turnaround feature and the second issue was addressed via a meeting with the applicant and neighbors held on May 10, 2007. City Commission Documentation, Meeting of September 18, 2007 Final Subdivision Plat -Hibiscus Lake Estates LDR Section 2.4.7(8)(2) (Required Findings for the Granting of Waivers) The applicant has requested two waivers of the design standards; LDR Section 6.1.3(6)(2) requiring sidewalks on both sides of the road; and LDR Section 6.1.2(C)(3)(a) travel lane pavement width of 20' versus 24'. Pursuant to LDR Section 2.4.7(6)(2) the applicant must provide written justification for the granting of a waiver. The applicant's letter is part of the attachments included in this memorandum. In addition, pursuant to LDR Section 2.4.7(6)(5), prior to the granting of a waiver, the approving body must make a positive finding with respect to the following: a) Shall not adversely affect the neighboring area. b) Shall not significantly diminish the provision of public facilities. c) Shall not create an unsafe situation. d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The waivers to street width included a reduction from 24' to 20' for the internal roadway. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. A related condition of approval recommended by staff was that Hibiscus Lane from this plat east to N.W. 6th Avenue be widened from its average width of 17.5' to a minimum 20'. After hearing concerns from the neighborhood the Planning and Zoning Board recommended the roadway from this plat eastward (Hibiscus Lane) not be widened. Staff recommendation continues to be that a minimum of 20' two-way road width be provided for this portion of the roadway. The second waiver related to providing a sidewalk on one side versus both sides of the internal street system within the new subdivision. A related condition of approval recommended by staff was that a sidewalk connection also be provided from the subdivision east to N.W. 6th Avenue on the south side of the 30' Hibiscus Lane access tract. After hearing concerns from the neighborhood the Board not only recommended the elimination of the sidewalk connection (south side of the Hibiscus Lane access tract), but also the sidewalks internal to the new subdivision. Staff's recommendation continues to be that the provision of both the sidewalk connection and sidewalks on one side of the street internal to the subdivision is appropriate. REVIEW BY OTHERS The redesigned plat, two waivers, and technical comments addressing the neighbor's concerns went before the Planning & Zoning Board meeting of June 18, 2007 and the plat received a 7 - 0 vote of a recommendation of approval to the City Commission. The waivers were modified and differ from the staff recommendations; these differences are highlighted above. Courtesy notices were provided to the Neighborhood Advisory Council and the Lake Ida Homeowner's Association. The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA}, the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). 2 City Commission Documentation, Meeting of September 18, 2007 Final Subdivision Plat -Hibiscus Lake Estates RECOMMENDATION Approve the Final Plat for Hibiscus Lake Estates, by adopting the findings of fact and law contained in the Planning and Zoning Board staff report (dated June 18, 2007), and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Separate motions: 1. LDR Section 6.1.3(6)(2) (Sidewalks); Waive requirement fora 5' sidewalk along the north side of the Hibiscus Lane access tract and west side of the internal subdivision roadway. This would require a sidewalk on one side of the internal roadway in the Hibiscus Lake Estates Plat and a 5' sidewalk on the south side of access tract between the platted subdivision and N.W. 6th Avenue. 2. LDR Section 6.1.2(C) (Pavement Width); Reduction of pavement width to 20' versus 24' for the internal roadway and that the access width for the Hibiscus Lane access tract be widened to 20'. Attachments: ^ Location Map. ^ P&Z Staff Report, June 18, 2007 ^ 8.5" x 11" reduction of the survey, plat, & site plan. 3 L A K E ~ p A ~~~ QP BEACH PLA Y > NOUSE 0 ~~ DELRA Y T z 0 a 0 U Z Q ST. ~\ CORNELL 1 ~ ~ 3 PARK z N.W. 9TH ST. w j w > Q > Q Q _ ~ o ~ ~ K ~ ~ M J 3 3 3 z z z 7TH ST. i V la S H V 3 z AY LAKES N.W. 12TH STREET > w ~ a a > o Q w `1 Q J _ _ H N cD PARK N.W. 11TH mm~ z L A K E I D A R O A D BOY SCOUT HUT -~ SUBJECT AREA HIBISCUS LAKE ESTATES CITY OF DEIRAY BEACH, FL COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT PLANNING k 20NING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM992 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HIBISCUS LAKE ESTATES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Hibiscus Lake Estates development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: Pursuant to LDR Section 6.1.2(C) a pavement width of 24' is required. The applicant is seeking a waiver to allow for a pavement width of 20'. Pursuant to LDR Section 6.1.3(6)(2) sidewalks are required on both sides of the road. The applicant is seeking relief from that requirement via this waiver request. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2(C), reduce pavement width from 24' to 20', comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 6.1.3(8)(2) comply with the requirements of 2.4.7(8)(5)? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 6.1.2(C) and 6.1.3(B)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18"' day of September, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 PL~iNNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 18, 2007 AGENDA ITEM: v.A• ITEM: Combined Preliminary/Final Plat for Hibiscus Lake Estates, a Proposed 4 Lot Single Family Residential Development Located South of Hibiscus Lane, Approximately 1700' North of Lake Ida Road (Quasi-Judicial Hearing). GENERAL DATA: OwnerslApplicant ....................... Agent ......................•-••-----........... Location ...................................... Property Size .............................. Future Land Use Map ............... Current Zoning ............................ Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water SeNjCe ............................. Sewer Service ............................. Signature Builders Graup, LLC Phil Colnon South of Hibiscus Lane, approximately 1700' north of Lake Ida Road. 1.80 Acres LD (Low Density Residential, 5 -12 dulacre). R-1-AAA-B (Single Family Residential} R-1-AAA-l3 {Single Family Residential) R-1-AAA-B (Single Family Residential) R-1-AAA-B {Single Family Residential) OS (Open Space} Vacant except for an existing structure at the southeast corner of the property. Construction of 4 fee-simple single family residences. Connection available via an existing 8" water main within Hibiscus Lane. Connection avai€able via an exisfing 10" sewer main within Hibiscus Lane. a 0 N.W. 14TN ST. I i N. I LAKE - / D A N.w. IzTH smEEr i c < j 0 PARK ~ SIT S N.W_ t(TH STREET ` 3 5 3 ~«~ a R.w. ow sr. `';' LAKE SHORE DRIVE `.1 w 6 i ~rn sT. Z IA RA a _ z_ q R Z $UNSNIN R14 Z V LAKE I D A R O A D I V.A. The item before the Board is that of approval of a preliminary plat and certification of a final plat fora 1.80 acre, fee-simple, single family, and detached development known as Hibiscus Lake Estates. The subject property is located south of Hibiscus Lane, approximately 1700' north of Lake Ida Road. This plat is being processed pursuant to LDR Section 2.4.5(J}, Major Subdivisions. The subject property contains 1.80 acres and is a subdivision of the land described in Plat Book #1, Page #4 (Lot 2). All structures on the property have been demolished except for a former guest house located at the southeast corner of the property. In conjunction with the Delray Beach Enclave Act Study of 1987 the subject parcel was annexed into the City in 1988 via Ordinance #123-88 with an initial zoning of R-1-AA (Single Family Dwelling District). In 1990 via the Citywide Rezoning Ordinance #25-90 the property's zoning was changed to R-1-AAA-B (Single Family Residential) and i# has retained this zoning designation. In June of 2006, an application was submitted to replat the property into a 4-parcel, detached single family subdivision to be known as Hibiscus Lake Estates. At ifs meeting of April 16, 2007 the Planning & Zoning Board reviewed the initial proposal for the project and recommend it be rescheduled for a subsequent meeting of the Board. Also at this meeting, direction was given to the applicant via the Planning & Zoning Board members to address two primary concems. First, that a major redesign of the project be considered; specifically the incorporation of an appropriate turn around feature such as a cul-de-sac or °hammerhead" road layout. Second, that a meeting between the applicant and neighbors take place to address the details of the project proposal and its impact on the neighborhood. The applicant has addressed the first issue by redesigning his project with cul-de-sac turnaround feature that now accommodates 4 fee-simple single family lots. The second issue was addressed via a meeting with the applicant and neighbors held on May 10, 2007. The redesigned plat and technical comments addressing the neighbor's concerns is now again before the Board for action. ureic _.~. ;~ ;?:.:w.vclsnF?:a4:~k~°.~ ~ ,.. ,;F"' ~ :. -_ -"':a-___. . i. ss:r_ _s-a:._^ii=^eid ~ ..:f ? .?-^--'..~.' ~~.3~ii~':~%'^ ~ x :=.~dy~, r8~-'y-: :-r--=~ ---__,:~'a: ~ L~#~~:s+?.rz~:+ ~•t.~~="~`. ~ ..~ c•=~~~~~-.• .__ • ~_:s_.._ i•~_ws:s-:: ~a~~x-s"~.~•~;~-~~=- ?41l?~::d~ ,4-::~ _ ... K.L.= ' ,. -. ~ .::..3.:~~D _ ~ S~L..l y(', s-€~ ~n .~.:._ ~ •-- `~ . - ':~~J..~... ~---~,Y ~~}?M~' ..~rey~.:iy'" ~j ~~~~~TAI~;.~^.1~.1 ?t~ - _ _ :Ilh~ttl; ___ r? ?'i9 jg?ia°:'i31~:ag-arC:3%~;~: ~:.c.°~,.. _.._«x2:~ a3T.a-~~~'b . ihTS~'r.:3 -..rnr ..;.;~Trr_±a~~~ _ ^n:Swe:fin:..:'v-zs:~._. .. i:3T?:^ ~;~ s:zF . Y: li r]::: ....... c..,._: , .... ~T ` a~:..uEns.ar:a:a( •- r:.. 3.'-R.,'.:x.. ~ - - -c-r.7.~.. The proposed plat consists of 4fee-simple single-family detached lots, with all parcels fronting and taking access from a newly created private road. Lots will range in frontage from 62.04' (on a cul-de-sac), to 133.89', and in total area from 12,885 square-feet to 19,045 square-feet. The plat will include anon-vehicular access easement along the south line of Lot 4, (adjacent to Wiggins Road). Currently, access to the subdivision is being shown as a series of 30' wide east/west bound ingress-egress easements extending from N.W. 6~' Avenue informally known as "Hibiscus Lane." The proposed 30' accessleasementwlth cul-de-sac as shown on the plat is to be dedicated as a private right-of--way tract on the plat. Additionally, the plat includes a 6' and 10' drainage easement along the north side of Lot 1 and the west sides of Lots 1 and 2. There will also be a 5' sidewalk placed within the access tract adjacent to the east side of Lot 1 and the west sides of Lots 3 and 4. This 5' sidewalk will be extended eastward along the south side of Hibiscus Lane and will connect to an existing sidewalk system already in place within the neighborhood. Pursuant to Section 3.1.'i of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board tv approve or deny the P8Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 2 development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district withiin which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The property has a Future Land Use Map {PLUM) designation of LD (Law Density Residential 0- 5 Units per Acre), and is zoned R-1-AAA-B (Single Family Residential). Pursuant to LDR Section 4.4.3(8){1), conventionally sited single family detached residences are permitted uses in the R-1-AAA-B zoning district. Section 3.1.1 (B) -Concurrency: Pursuant to Section 3.1.1{B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application wi[I not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer• Water service will be provided via service lateral connections to an existing 8" water main within Hibiscus Lane. Sewer service will be provided via service lateral connections to an existing 10" sewer main within Hibiscus Lane (The Engineering Plans incorrectly show an existing 8" sewer main}. Adequate fre suppression will be provided via fire hydrants located along Hibiscus Lane and N.W. 6'~ Avenue and a new hydrant proposed internal to the subdivision. 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. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage• Drainage is to be accommodated via sheet flow to a 6' drainage easement along the northern portion of Lot 2 that slopes to a 10' x 190' drainage easement situated in the rear of Lots 1 and 2. This swafe area contains 55' of french drain to be maintained by the Hibiscus Lake Estates Homeowner's Association. The dedication language on the face of the plat needs to be modified to shown this maintenance responsibility. Further, the applicant must indicate how drainage associated with the improvements (sidewalks, modification to the roadway, etc.) of Hibiscus Lane from N.W. 6~' Avenue to the subdivision are to be accommodated. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining surface water permits. Streets and Traffic: The proposed development is located east of I-95, which exempts this project firom having to comply with the Palm Beach County Performance Standards Ordinance. The applicant has not submitted a traffic impact statement but has indicated in their waiver request letter dated November 11, 2006 that an increase of 20 Average Daily Trips (ADT) can be expected. This is incorrect as three new single family homes/lots which will generate 10 Average Daily Trips per unit for a total of 30 additional ADT. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 3 Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated far park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit (lot). Thus, an in-lieu fee of $2,000.00 will be required of this development. Solid Waste: Trash generated each year by this development will be approximately 1.99 tons per single family residential lot (4 units} for a total of 7.96 tonstyear. The solid waste authority has indicated they have adequate landfill capacity through the year 2021; therefore this increase can be accommodated by existing facilities and thus, will not negatively affect this level of service standard. School Concurrencv: A letter has been received from the School District with respect to concurrency. According to this letter, 3 single family residential lots will have a negligible impact on levels-of- service with respec# to the School District. The applicant will need to resubmit this application for the additional unit {total of 4 units) to be built within the subdivision and this is attached as a conditional of approval. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the pertormance standards set forth in Section 3.2.3 (Standards for Site Plan andlor Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A°, a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) -Compliance with the Land Development Regulations: + LDR Section 4.4.3 (E)(3) (Plat Required): Each single farnity residential development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. Internal access is provided via a 30` ingress-egress tract that is an extension of "Hibiscus Lane." + LDR Section 6.1.2 (Streets and Alleys): Pursuant to LDR Section 6.1.2(A)(2)(a), when access to the project is provided from a local street and/or alley, the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1{C) in order to provide continuous paved access from the nearest paved street or alley to the project in addition to the improvements on its side of the center line of right-of--way. Access to the Hibiscus Lake Estates Subdivision will be provided via a series of east/west bound ingress-egress easements (Hibiscus Lane) that cumulatively ensure a minimum of 30' wide continual, arterial access to the property. Please see the attachment "Exhibit H-1" which shows the approximate segment dimensions and documents recorded with the Clerk of the Court (Palm Beach County Ordinance Book & Page}. Construction plans are to be submitted showing the pavement improvements {expansion of proposed P8Z Board Staff Report, Meeting of June 18, 2047: Hibiscus Lake Estates Plat Page 4 drive aisle to a minimum of 20') from N.W. fig' Avenue into the subdivision. These construction plans should include the internal subdivision roadway at a minimum (pavement) width of 20' plus the "Type A" curbing-to-sidewalk that will accommodate an inverted crown drainage design. (It is noted that the correct topography must be shown on the engineering plans with respect to the drainage system}. ~ LDR Section 6.1.3(B)(2)(Sidewalk Design Reauirements): Pursuant to LDR Section 6.1.3(B}(2), a minimum of 5' wide sidewalks must be constructed within the street right-of-way (or easement/tract) and must be constructed adjacent to the right-of--way (easement or tract) fine. A 5' wide is proposed within the west side of the access tract adjacent to Lot 1 and will wrap around the cul-de-sac adjacent to Lots 3 and 4. This sidewalk must be extended to intersect with a new sidewalk which is to be provided along Hibiscus Lane. At its meeting of November 11, 2006 the DSMG along with the City Engineer supported the granting of relief for a sidewalk to be allowed on one side of the access tract. However, the DSMG also determined that a 5' sidewalk will be required one side along the access easement from N.W. 6"' Avenue along Hibiscus Lane and must be shown on the proposed engineering plans. Further, if the construction of this sidewalk affects existing vegetation, etc. (i.e. hedging} the relocation of this material shall be the responsibility of the applicant. Pursuant to LDR Section fi.1.3(D}(1 }(b) installation of a sidewalk along only one side of the street, during the site plan or plat process is appropriate, and a waiver may be forwarded to the City Commission via LDR Section 2.4.7(B){1)(a). • LDR Section 5.3.1 (Right-of-Way Dedication): The required right-of--way width for the proposed access tract, as per LDR Section 5.3.1(D)(2}, is 60', or 50' with appropriate curbing and drainage structures. The submitted plat shows a 30' ingress-egress easement which is an alignment/continuation of the existing road "Hibiscus Lane." Pursuant to LDR Section 5.3.1(D)(4) reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG}. At ifs meeting of November 11, 2006 the DSMG supported the proposed access configuration with 20' pavement width including valley gutters on both sides to meet a standard of 24 feet. The requirement for valley curbs on both sides has since been modified by the City Engineer to allow type "D" curb on one side and valley curb on the other. The latest revision of the submitted plat shows the 20' pavement width with a combination of 6" D-curb and 16" A-curb {valley curb} and a 5' sidewalk. The dimensions provided in the related pavement specification detail do not accurately reflect these dimensions (currently exceeds 30') and correction of the detail is aftached as a conditional of approval. Also, construction plans for the portion of Hibiscus Lane from N.W. 6"' Avenue east to this subdivision are attached as a condition of approval. These plans should include the 20' travel lanes, curbing a sidewalk (south side of roadway), drainage (including the pavement transition area at the subdivision entry} and a note addressing any required plant material relocation. Pursuant to LDR Section 2.4.7{B}(1)(a) the waiver to reduce the pavement width from 24' to 20' will be forwarded to the City Commission for approval. • LDR Section 6.1.2(C)(4)(d) (Cul-De-Sac Design Standards): The required diameter for a cul-de-sac, as per the above referenced LDR Section is a minimum of 90' to the edge of pavement and 100' to the property line. The submitted plat meets all of the required design standards for a cul-de-sac turnaround feature. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 5 • LDR Section 4.3.4 (I<1 {Development Standards Matrix) As the subject property is currently zoned R-1-AAA-B, the required lot frontage for the subdivision lots is 100 feet; the minimum lot depth is 110 feet; and the minimum lot size is 12,500 sq.-tt. All of the fee-simple residential lots meet and/or exceed these criteria. It should also be noted that per LDR Section 4.3.4 {E)(2) the required frontage for lots located on a cul-de-sac can be reduced by 40%. All lots within the proposed subdivision that are taking frontage and access on the cul-de-sac exceed the 60% balance of required frontage. • LDR Section 2.4.7 tB)(2) (Required Findings for the Granting of Waivers/ Given the above the applicant has requested waivers two items; LDR Section 6.1.3(6){2) for sidewalks on both sides of the road; and LDR Section 6.1.2(C)(3}(a) travel lane pavement width of 20' versus 24`. Pursuant to LDR Section 2.4.7{B)(2) the applicant must provide written justification for the granting of a waiver. The applicant has submitted these justifications, which were also reviewed by the City's Development Services Management Group (DSMG). The applicant's letter is attached with this report. In addition, pursuant to LDR Section 2.4.7{B){5), prior to the granting of a waiver, the approving body must make a positive finding with respect to the following: a) Shall not adversely affect the neighboring area. • Hibiscus Lane is 30' wide private road {ingress-egress easements) that provides access for the suburban neighborhoods in the vicinity of Lake Ida. Pedestrian and vehicular traffic through this part of the City is minimal and shall remain as such. b) Shall not significantly diminish the provision of public facilities. • The neighborhood is zoned single family residential with minimal public facilities in proximity that would not be diminished by any waivers. c) Shall not create an unsafe situation. • Vehicular and pedestrian access in this area has existed as substandard since its annexation into the City. The proposed waivers are justified considering the improvements that wilt be guaranteed via the development of the property (i.e. sidewalks on one side versus none in the neighborhood, and expansion of the existing roadway to a minimum of 20'. d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. • In May of 2001 the Valencia Court Subdivision received similar, appropriate waivers for pedestrian and vehicular design standards in a district with single family residential requirements. This project resulted in an outstanding design model for the City's suburban communities. The granting of waivers for these standards in a residentially zoned neighborhood is not uncommon. Given the above positive fndings can be made pursuant to LDR Section 2.4.7.(8)(5) far the pavement reduction and sidewalks on one side. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 6 Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted and all applicable objectives or policies, along with a discussion on how they are addressed, are attached as Appendix "C". Technical comments from the Planning & Zoning Department and Environments! Services Department are attached as Appendix "B°, and must be addressed prior to scheduling of the plat for City Commission. While there are a few outstanding comments, they are minor in nature and will not impact the general plat diagram. It should be noted that the applicant is currently revising the plat based upon comments generated during technical review; however, a revised plat has not been submitted at the time this report was written. This project proposal is not within the geographical area requiring review by the Historic Preservation Board (HPB), the Downtown Development Authority (DDA), or the Community Redevelopment Agency {CRA). Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: - Neighborhood Advisory Council - Lake Ida Homeowner's Association Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposal to plat 4 single family residential lots is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive Endings can be made with respect to LDR Section 2.4.5(J) {Major Subdivisions}, LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require technical modifications, as listed in "Appendix "B° -Technical Items" section of this report, before it can advance to the City Commission. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Hibiscus Lake Estates, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set for#h in Section 2.4.5(J) (Major Subdivisions}, Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings} of the Land Development Regulations, subject to conditions. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 7 C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. By Separate Motions: Waivers: Recommend to the City Commission that the granting of waivers to following LDR Sections is necessary and appropriate, based upon positive findings with respect to LDR Section 2.4.7(6)(5). LDR Section 6.1.3(6)(2) {Sidewalks) Waive requirement fora 5' sidewalk along the north side of the access tract and west side of the internal subdivision roadway. • LDR Section 6.1.2(C) (Pavement Width} Reduction of pavement width to 20' versus 24'. Plat: Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Hibiscus Lake Estates, by adopting the findings of fact and law contained in the staff report, and finding tha# the request is consistent with the Comprehensive Plan and meets criteria set forth in 5ectian 2.4.5(J) {Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions} and Section 3.1.1 (Required Findings) of the Land Development Regulations, subject to the following condition: 1. Thaf all comments under the "Technical Items"section {Appendix "B"} of the report be addressed prior to scheduling the plat for City Commission action. Attachments: Reduced Plat Appendix °A" Reduced Site Plan • Appendix "B" Access Exhibit "H-1" • Appendix °C" Waiver Justifications via the Applicant • Location Map P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lalce Estates Plat Page 9 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent Land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shalt be accomplished through the implementation of po[lcies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circula#ion 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 projec# shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable X Meets intent of standard Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 10 The following comments must be addressed prior to scheduling the plat for City Commission: Planning & Zonin_q Deparfinertt Comments: Technical Comments: 1. The City has not received a conclusive notifcation from Florida Power & Light (FPLj concerning any necessary easements. The Final Plat cannot proceed to City Commission until this response has been received. 2. Show the setback lines on sheet #2 of the construction/engineering plans for all the lots. 3. Match the path of the sidewalk with the configuration of the road at the entranceway of the subdivision. 4. The proposed fire hydrant should be moved within Lot #3 and into an exclusive water easement, with dedication language on the plat. Also, verify that al! proposed and existing fire hydrants are not more than 500' apart as required via LDR Section 6.1.10 (B)(2)(b)~ 5. Display on the drawing sheet and dedicated on the title sheet anon-vehicular access line across the southern boundary of Lot 4, adjacent to Wiggins Road. 6. A revised School Concurrency notice will be required for the additional lot added to the subdivision (4 lots/units total). Plat Comments: 1. The centerline far the proposed access tract must be fully dimensioned, including curve data. 2. All proposed easement lines must be fully dimensioned on the drawing sheet of the plat. 3. The measurements for the access tract and the drainage easements should be removed from the dedication language, but not the drawing sheet. 4. Provide construction plans for the increase ofi Hibiscus Lane to twenty feet from N.W. 6~' Avenue to the subdivision entry. These plans must also note the location of a 5' sidewalk and haw drainage is to be accommodated. 5. Provide roadway plans showing a minimum 20' roadway section plus the correct topographic information for the sheet flow of an inverted crown roadway drainage system. 6. Please change the certified survey to the correct bearing of N79° 32' 02"W to match the plat. 7. The planter/landscape feature at the center of the cul-de-sac will need to be reduced to approximately 37' in total diameter to accommodate the minimum 20' versus 14' of drive aisle. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 11 Environmental Services Department's Comments: Pilot Comments: 1. Acknowledgement language needs to match City of Delray Beach Standard language. 2. Surveyor's notes need to match City of Delray Beach Standard language, please add 1 (B) and modify 1 (C) as per page P-11. 3. Provide revised /updated certified engineer's estimate for all City maintained improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required before plat is approved. This agreement can be obtained a# www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety; a 10% Warranty Surety will be required. 4. Provide a detailed description of how each of these comments has been addressed with next submittal. Submit two sets of revised plans to the City of Delray Beach Engineering Dept., 434 S. Swinton Ave., Delray Beach, FL 33444. 5. Additional comments may follow upon provision of requested information. Technical Comments: 1. Igo Comments. Typical (Final) Engineering Comments: 1. Health Department permits are required for this project. Provide four (4} signed and sealed copies of the water permit application. 2. A recorded plat will be required prior to issuance of a building permit. 3. Provide digital copy of recorded plat in AutoCAD Version 2004 or format acceptable to City of Delray Beach Engineering Department. 4. For cross sections shown, please modify as follows: a. Cross section AA: berm needs to be built along property limits and shown as such on cross section. b. Cross section BB: show berm on cross section as shown on sheet 2 of 8. c. Cross section DD: include sidewalk and Type "A" curb. 5. Sidewalk and Type "A" curb needs to extend along the entire frontage of Lot #1. 6. Provide additional elevation along Lots #3 and #4 to indicate how property will not drain onto adjacent lots. 7. Modify pavement width and cul-de-sac to a minimum of 20-feet, however, maintain the 5- foot wide sidewalk, Type "A" curb and 20-foot wide pavement. 8. Confirm sidewalk is designed to withstand a minimum load of 75,000 pounds. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 8 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does nat meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shat! not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of June 18, 2047: Hibiscus Lake Estates Plat Page 12 9. Sidewalk needs to follow pavement along entire frontage of Lot #3. 10. Proposed fire hydrant needs to be moved to west side of Lot #3 and provide water easement for hydrant. Verify distance between fire hydrants do not exceed 500 feet. See attached mark-up. 11. Modify water main layout and relocate 8-inch gate valve as shown on attached mark-up. 12. Provide additional elevation showing how road is going to drain along north side of Lot #2 into drainage area. 13. All water mains shall be tied to a survey baseline. 14. Provide verification from FPL that service issues have been resolved. 15. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. 16. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfied prior to obtaining a building permit. The fallowing list represents Typical Final Engineering Comments that may be applicable to this project. Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously developed with a single family residence. Given the developmen# pattern of the surrounding area, which includes single family residential developments along the north and south side of Hibiscus Lane, the proposed fee-simple, single family lots are consistent with the neighbofiood. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed single family residential development. Section 2.4.5 (F}(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The property is bordered by the following zoning designations and uses: Direction Zoning Uses North R-1-AAA-B Single Family Residential West OS Lake Ida South R-1-AAA-B Single Family Residential East R-1-AAA-B Single Family Residential The proposed single family residential development is compatible and consistent with the surrounding uses and will not cause a substantial depreciation of property values. P&Z Board Staff Report, Meeting of June 18, 2007: Hibiscus Lake Estates Plat Page 13 Z O H H A z O WU a w __~a ~ .& J I ~~~~ =~~ ~~~ i ~~~ oy ~s W ~--' C!~ W J U7 U CO z - 0. Q (Y1 (17 ~ cn O W ~ O~y~ • W ` / O °~ ~ J H z Q w w O J C7 - n_ Z }.. ~- ~ ~. 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' 1 Q (ZSL'tYd '£L 7'd (..fZ) A AY Hi9 'M'N ~\ sraa9sss~unN .n 7 o $~' z $w o s -- ~ N~ ~ U N `, _ ~ N ~ r U m ~ 8 0~ ` ~ ~~ o a O m Y" x - o ~ ~ ~; ~, ~ = ~ m ° (/~ X N ~ ~ w ~ 0 W a ~ ~ W ~ z ~ w W ~ ~ ~1 o ~z _ '~ o~ W ~ o~ ~ t-~ ~ w O _ rn N -nl ~ ~m ~ 6 ~ ~T W w P~ x g ~ ~ m NN j ~}N N~ ~ *-~ rn VJ :! q h ° (n ~~ x W , , o N ti ~/ ~ O V Z W Q H N Hj h _ W D Q Q Y ~ Z w°0 Y = o j ~ ~ W N O ~ ~.7 ~ ~ i ~ J F UQ U) Q L7 x ~~ v ~ V~ O m~ ~, r T ~ < w ~~ a ~Q ~ l+ ~ Q yr C W N O ~i{ J z z e ti U a~ o ~~ ~ //Y .~/4~ Signature Builders Group, LLC has applied for variances for the following items: ~" ~~ • ~•-,- y I SIB' ~. ~1"'' ~~ . Zoning for this ar~.ie ~Z AAAB, which requires mini square footage of l 2,SOOSF, and frontage of?OC~tiryear f as 19,856SF and a frontage of 99.53LF. Lot 2 has 19806SF ro agg of 99.53LF. Taking into consideration tYtat the focal squ age of the lofts excee`d' inimum by 58%, it is our belief thaf th reduction in frontage will be accep#able. ~ LDR Section 6.1.2(C) {3} {a) (pavement width) requires 24' LDR Section 5.3.1(DJ (2) (righ# of way widthJwhiie 20' pavement with a private 30` ingress/egress is proposed. The existing Hibiscus Lane is a substandard road ranging in width fram 16' to 18'. New ingress/egress easements wil! allow for the road to be widened to twenty feet. After discussions with the Fire Deparfmerit it was determined That twenty feet would be a great improvement over the existing condition. This also is not a thru street and the traffic volumn is expected to increase by 20ADT (ave. daily trips) LDR Section 6. i .3(A} (sidewalks) requires a 5'sidewalk be provided. Pusuant to Section 6:1.3(D}(1)(b)where it is clear that the sidewalk system will not serve its intended purpose the sidewalk can be waived. Hibiscus Lane is a private road. The residents do not want walks which would encourage pedestrian traffic by non- residents. It is also a high priority of the Lake ida Hgme Owners Association fo incorporate no new sidewalks with the design guildline that are being pursued. There has also been a petion circulated and signed by more than 300 residents of our area to stop ALL sidewalk construction. Please not~ify~me as soon as possible regarding these variances. Philip Colnon, Signature Builders Group, Ilc t, t ...f V z H z a a v / W Q W w Q O Z O W - M~ W Q cn O W O~y~ ~ M~ W 1 / O W W Z Q W O J C7 - ~ Z ~ ~ ~ ~ U Z ~ z W - ~ cn ~ = U W f- N ~ ~ _ ~ O U H O cn ~ O U W JW ~O m I..L a O O < Z < v ~- o iuo V W « ~ m W¢ U d J< Z O m U O < ~ W W ; L Z m J < < Z r S O U U LLO r - - LL Z Z O r 2 0 W Z< Z i O O - ~ O 2 N Z F Z LL W LL tt 0 JV J¢ U- 2 W i n _- F U J« Z Zt'1¢ mV0¢ Yi 3< L Z> o L zoo .Y- c> u x LLz zz LLFN LL -o <- z h U U Z O V D U O w Z 2 < U < ~ W ~ _ ~ m < z < i S ? 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S£ 0 N 3 ul z 0 0 r MEMORANDUM TO: MAYO A D TY COMMISSIONERS FROM: SC ARONSON, PA KING MANAGEMENT SPECIALIST AUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SEPTEMBER 12, 2007 ~' SUBJECT: AGENDA ITEM # q • f.~ -REGULAR MEETING SEPTEMBER 18.2007 APPROVE AN AMENDMENT OF AN IN-LIEU OF PARKING FEE PAYMENT AGREEMENT BETWEEN CITYWALK ~ PINEAPPLE GROVE AND THE CITY ITEM BEFORE COMMISSION The item before the City Commission is the approval of an addendum to an In-Lieu of Parking Fee Payment Agreement between the City and City Walk @ Pineapple Grove to reduce the number of in-lieu spaces included in the agreement. BACKGROUND At the City Commission meeting of December 13, 2005, City Walk, located at 200 Pineapple Grove Way, was approved for six (6) in-lieu parking spaces at a cost of $36,000.00 to accommodate the conversion of 1,813 sq. ft. of retail to restaurant and an addition of 300 sq. ft. of outdoor seating. The approval allowed for payment of the spaces via an in-lieu of parking fee payment agreement in accordance with Land Development Regulations (LDR) Section 4.6.9(E)(3)(d}. Ordinance 51-05, adopted in July of 2005, amended the sidewalk cafe ordinance to include outdoor seating on private property, excluding courtyards, as square footage that did not require the provision of parking. During a recent Code Enforcement action related to requiring the outdoor dining area to secure a sidewalk cafe permit it was discovered that the in-lieu approval in December should have excluded the 300 sq. ft. outdoor dining area. At the required 6 spaces per 1,000 sq. ft. for restaurants the 300 sq. ft. resulted in the provision of two (2) parking spaces which are now being eliminated from the agreement reducing the total to four (4) spaces The agreement required a payment of 50% at the signing of the agreement and two (2) subsequent 25% payments on the second and third anniversaries. The initial 50% payment of $18,000.00 has been paid and the remaining two (2) payments of $9,000.00 each are pending. The attached addendum reduces the remaining payments of $9,000.00 each to $3,000.00. REVIEW BY OTHERS Considering that this adjustment is a reduction of an approved in-lieu request the item has not been presented to any other boards. RECOMMENDATION By motion, approve the addendum to the In-lieu of Parking Fee Payment Agreement between City Walk @ Pineapple Grove and the City reducing the remaining payments from $9,000.00 to $3,000.00 each. Attachment: ^ Amendment for No. 1 to the In-lieu of Parking Fee Agreement Page 1 of 1 Smith, Douglas From: Shutt, Brian Sent: Thursday, Sep#ember 13, 2007 7:03 AM To: Smith, Dougias Subject: RE: Parking Fee Change This is ok. Brian Shutt From: Smitfi, Douglas Sent: Wednesday, September 12, 2007 4:37 PM To: Shutt, Brian Subject: Parking Fee Change Attached is an agenda item for Sept. 18 from P8Z if you haven't seen it or worked on it already. Thanks, DOU9 Smith Assistant City Manager City Of Delray Beach 100 NW 1st Avenue Dekay Beech, FL 33444 Phone: {561) 243-7144 Fax: (561) 243-7199 Email: smithd@ci.delray-beach.fl.us 9/13/2007 AMENDMENT NO. 1 TO THE IN-LIEU OF PARKING FEE AGREEMENT BETWEEN PORTEN RUSSELL, LLC AND THE CITY OF DELRAY BEACH THIS AMENDMENT No. 1 to the Agreement dated February 20, 2006 between the CITY OF DELRAY BEACH ("City") and PORTEN RUSSELL, LLC ("Owner") is hereby amended this day of , 2007. WITNESSETH: WHEREAS, City and Owner entered into an in-Lieu of Parking Fee Agreement dated February 20, 2006; and WHEREAS, the parties wish to amend the Agreement to provide for the in-lieu fee payment for 4 spaces, not 6 spaces as currently set forth and the remaining 2 payments be reduced from $9,000.00 to $3,000.00. NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The Agreement is modified to reflect that the Owner shall pay for 4 parking spaces and that the payments due on the second and third anniversary of the Agreement shall be $3,000.00 each. 3. Entire Agreement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) CITY OF DELRAY BEACH By: Mayor, Rita Ellis PORTEN RUSSELL, LLC By: 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~~ROBERT A. BARCINSKI THROUGH: DAVID T. HARDEN, CITY MANAGER~~' I DATE: SEPTEMBER 11, 2007 SUBJECT: AGENDA ITEM # 'I . ~ -REGULAR MEETING OF SEPTEMBER 18, 2007 APPROVAL OF REQUEST -ROOTS CULTURAL FESTIVAL 2007 COUNTY GRANT ADVANCE ITEM BEFORE COMMISSION City Commission is requested to consider approval of a request received from Alberta McCarthy, Chairperson, Roots Cultural Festival, Inc., to provide $10,000 advance for the 2007 Roots Cultural Festival to be paid back to the City once the County funding is received and approval of the attached Agreement for Advance Funding for County Grants. BACKGROUND Attached is a correspondence received from Ms. McCarthy requesting the $10,000 advance of funds for the Roots Cultural Festival along with a letter of funding approval from Palm Beach County and copies of invoice payments. Staff, with the assistance of the City Attorney's Office, has developed an advanced funding agreement, which we are requesting organizations to sign to ensure that all County requirements for the funding are met. RECOMMENDATION Staff recommends consideration of approval for the request from Alberta McCarthy and approval of the attached Advance Funding for County Grant Agreement, to provide $10,000 advance for the 2007 Roots Cultural Festival to advance the County commitment for funding. RAB/db Attachment U:lwwdata~EventslRoots Cultural Festival~Agenda Item Approval of Req Roots Cultural Fest Cty Grant Advance.doc boots Cultural Festival, Inc. 85 S.W. 5~ Avenue Delray Beach, FL. 33444 561-274-0365 off/561-330-1291 fax rootsfestivaldelray_(a)~gtnail.com email www.delrayrootsfestival.org =web site City of Delray Beach Community Improvement 100 N.W. 1 ~ Avenue Delray Beach, FL. 33444 Dear Lula Butler: Thank you for taking the time to meet with me last week in reference to the proper procedure for accessing county recreation dollars, that were allocated by Commissioner Addle Greene to the Roots organization this fiscal year. The Board of Directors concur that going through the city, as Roots has historically done, is the best avenue. Please consider this Roots Cultural Festival, Inc, official request for the city of Delray Beach to advance the ten thousand dollar allocation from Commissioner Addle Greene for fiscal year 20Q6-2Q47. In return, the county will Contract directly with the city of Delray Beach. Enclosed yvu will find invoices, copies of cancelled checks and cashier receipts that total over the ten thousand dollar allocation from the county. Please advise if there is anything additional required for the submitting process. APM:at Enclosures Cc: Robert Bazcinski, Assistant City Manager August 18, 2007 sE~ `- 240 Aps ~~ CRAT/VE FS Department of Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 642-2640 www.pbcparks.com ^ Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T Marcus Warren H. Newell Mary McGarry Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman ion Equa! Opportum7y Affirmative Action Employer" August 30, 2007 Mr. Bob Barcinski, Assistant City Manager City of Delray Beach City Hall, 100 N.W. First Avenue Delray Beach, F~: 33444 RE: PALM BEACH COUNTY -DISTRICT 7 RECREATION ASSISTANCE PROGRAM FUNDING FOR THE 2007 ROOTS CULTURAL FESTIVAL Dear Mr. Barcinski: Commissioner Addie L. Greene has requested that staff develop an Agreement in an amount not to exceed $10,000 to help offset paid by the City of Delray Beach for the 2007 Roots Cultural Festival. Funding is being provided from Recreation Assistance Program (RAP) -District 7. Please complete and return the attached Exhibit "A" Form so that we may prepare the required funding Agreement. Since this event is being sponsored by the City of Delray Beach the Agreement should be with the City of Delray Beach instead of Roots Cultural Festival, Inc. When we have received this information requested above, we will prepare the ~gr~en~el~t avid r'orward two originals for execution. Funding will be provided on a reimbursement basis. On behalf of Commissioner Greene and the Board of County Commissioners, we look forward to assisting with funding for this annual community event. Sincerely, Dennis L: Eshleman, Director Parks and Recreation Department DLE/SVVY Copy to: Commissioner Addie L. Greene, District 7 printed on recycled paper AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND (NOT-FOR-PROFIT AGENCY) FOR ADVANCED FUNDING FOR COUNTY GRANTS THIS AGREEMENT is made and entered into on 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City", and , a Florida Not-for-Profit Agency, hereinafter referred to as "Agency". WITNESSETH: WHEREAS, City, in conjunction with Agency, is on (date) at (location); and (describe project) WHEREAS, the Project is a community Project in Delray Beach financially sponsored by City and organized by Agency to (purpose of Project); and WHEREAS, the total cost of the Project is anticipated to be approximately $ (amount); and WHEREAS, Agency has requested advanced funding from the City in an amount not to exceed $ (amount) to cover the amount of a grant to be received from Palm Beach County to help offset costs for the Project; and WHEREAS, City desires to advance funding to Agency to help offset costs for the Project until funding is received from Palm Beach County; and WHEREAS, Agency shall provide pertinent supporting documentation of the expenses incurred that were funded by the City advanced funds. WHEREAS, Agency's cultural arts, recreational, and/or community Project is deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement to establish and set forth terms and conditions for advanced funding to be provided by the City to the Agency. NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: ARTICLE I FUNDING AND METHOD OF PAYMENT 1.1 Funding. City agrees to advance funds to Agency in an amount not to exceed $ (amount) the grant amount approved by Palm Beach County for event facility rental, printing and supplies, advertising, photographer, decorations, food and/or other miscellaneous expenses related to the Project, as specifically set forth in Exhibit "A", attached hereto and incorporated herein. 1.2 Notice. City will use its best efforts to provide advanced funds to Agency within thirty (30) days of receipt of the following information: a. A detailed written request for advanced funding provided to the City Manager or his/her designee. b. Event budget. c. Site plan. 2 d. Other information as required by the City Manager or his/her designee. 1.3 Forms. Agency shall complete the attached Advanced Funds Supporting Documentation Form on Exhibit "B", after the Agency expends the advanced funds. Said information shall list each vendor, description of approved expenses as stated in Exhibit "A"; date paid, check number, and amount paid. Agency's Project Liaison shall certify to the City that each purchase, as listed on the Advanced Funds Supporting Documentation Form was paid by Agency for the Project for which funding was approved. 1.4 Supporting Documents. Agency agrees to return the completed Advanced Funds Supporting Documentation Form along with supporting documentation including copies of detailed invoices and copies of cancelled checks (as proof of payment) to the City within sixty (60) days after the event/project completion date. Upon written notification to City at least thirty (30) days prior to the event date, Agency may request an extension beyond the sixty (60) day period. City shall not unreasonably deny Agency's request for said extension. 1.5 Future Awards. City reserves the right not to award future advance funding if the approved Project expenses incurred and included on Exhibit "B" by the Agency do not match the amount of funds advanced. 3 ARTICLE II DISCRIMINATION PROHIBITED 2.1 Agency agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status or sexual orientation. ARTICLE III TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall be until (date), commencing upon the date of execution by the parties hereto. ARTICLE IV TERMINATION AND DEFAULT 4.1 Default. The parties agree that, if the Agency is in default of its obligations under this Agreement, the City shall provide Agency (2) two weeks written notice to cure the default. If the Agency fails to cure the default within the (2) two weeks period, the City shall have no further obligation to honor future financial requests submitted by Agency for the Project deemed to be in default. 4.2 Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the City with or without cause, upon (2) two weeks written notice to the Agency. 4.3 Return of Unused Funds. In the event Agency ceases to exist, or ceases or suspends the Project for any reason, Agency shall notify the City in writing 4 and Agency shall return any remaining unspent portion of the advanced funds to the City. ARTICLE V GENERAL CONDITIONS 5.1 Federal, State, County and City Laws. Agency agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, City of Delray Beach ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, City does not waive the requirements of any City ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Agency. Failure to comply may result in City's refusal to honor financial requests for the Project. 5.2 Independent Contractor/Indemnity. It is understood and agreed that Agency is merely a recipient of City funding and is an independent contractor and is not an agent, servant or employee of City. It is further acknowledged that the City only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provide by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against City or any of its officers, agents or employees, Agency shall indemnify, save and hold harmless and defend the City; its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Agency, its agents, servants 5 and/or employees in the performance of this Agreement. The foregoing indemnification. shall survive termination of this Agreement. 5.3 Insurance. Agency shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as City's review and acceptance of insurance maintained by Agency are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Agency under this Agreement. a. Commercial General Liability. Agency shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. b. Automobile. (REQUIRED IF PROJECT INVOLVES TRANSPORTATION) Agency shall maintain, during the life of this Agreement, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit bodily injury and property damage for claims arising from damages for bodily injury including wrongful death, as well as from claims for property damage which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles, whether such operations be by Agency or by anyone employed by or contracting with Agency. Should Agency use independent bus companies for transportation, it shall require such company or companies to provide automobile liability on such buses in the minimum amount of $1,000,000 combined single limit bodily injury and property damage liability and shall include Agency and City of Delray Beach as Additional Insured. 6 c. Workers Compensation Insurance & Employer's Liability. Agency shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statutes Chapter 440. d. Additional Insured. Agency shall endorse the City as an Additional Insured. The Additional Insured endorsement shall read "City of Delray Beach, a Florida municipal corporation, its Officers, Employees and Agents." Agency shall provide the Additional Insured endorsements coverage on a primary basis. e. Certificate(s) of Insurance. Prior to execution of this Agreement by the City, Agency shall deliver to the City a .Certificate(s) of coverage evidencing that all types and amounts of insurance coverage's required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. Certificate holder's address shall read City of Delray each, 100 N.W. 1St Avenue, Delray Beach, FL 33444. 5.4 Audits. Upon request by City, Agency shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 5.5 Records. Agency shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Agency, City shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 7 5.6 Disputes. City and Agency may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 5.7 Venue. This Agreement shall be governed by the laws of the State or Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 5.8 Vendors. As provided in Section 287.132-133, Florida Statues, by entering into this Agreement or performing any work in furtherance hereof, Agency certifies that is, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36} months immediately preceding the date hereof, This notice is required by Section 287,133 (3)(a), Florida Statutes. 5.9 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 5.10 Notice. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: 8 As to City: City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 As to Agency: Project Liaison 5.11 Third Parties. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement ' as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form and Legal Sufficiency: City Attorney ATTEST: Print Name: David Harden, City Manager AGENCY By: Print Name: Title: Print Name: 9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~~~ THROUGH: CITY MANAGER ~~~' 1 DATE: SEPTEMBER 13, 2007 SUBJECT: AGENDA ITEM # ! • Ca -REGULAR MEETING OF SEPT 18, 200' MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES AND FAMILIES FIRST OF PALM BEACH COUNTY FOR BEACON CENTER SERVICES FOR FISCAL YEAR 07/08 ITEM BEFORE COMMISSION Approval of the Agreements between the City of Delray Beach and Achievement Centers for Children and Families and Families First of Palm Beach County, as the non-profit partners responsible for carrying out the services under the City's contract with the Children's Services Council of Palm Beach County, Inc., at the Village Academy Beacon Center. BACKGROUND The Commission approved the formal Agreement between the City and CSC for fiscal year 2007/08 at the regular meeting of September 18, 2007. The required sub-recipient agreements between the City and the non-profit partners are now submitted for City Commission approval. There are two (2) separate agreements submitted with this agenda item as follows: • Agreement between the City of Delray Beach and the Community Child Care Center, doing business as Achievement Centers for Children and Families subcontracting the Beacon Center Services, in the amount of $585,261. • Agreement between the City of Delray Beach and the Children's Case Management Organization, doing business as Families First of Palm Beach County for Children's Case Management Services at the Beacon Center, in the amount of $183,748. FUNDING SOURCE Children's Services Council of Palm Beach County, Inc. RECOMMENDATION Staff is recommending City Commission approval of the Agreements between the City of Delray Beach and the two non-profit partners responsible for carrying out the approved services and program provided through the Beacon Center at Village Academy for Fiscal Year 07/08. Page 1 of 1 Smith, Douglas From: Barton, Terrill Seat: Thursday, September 13, 2007 4:39 PM To: Smith, Douglas Subject: FW: Agreements between the CCCC and CCMO Attachments: Children Case Management Organization (CCMO) 9-13-07.doc; Community Childcare Center (CCCC) 9-13-O7.agt.doc Doug, The attached agreements have been reviewed for form and legal sufficiency and they are approved for same. Thanks. Terrill C. Barton, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 From: Klminas, Sue Sent: Thursday, September 13, 2007 2:55 PM To: Butler, Lula; Quinlan, Donna Cc: Barton, Terrill Subject: Agreements between tfte CCCC and CCMO Lula, Please see attached, revised agreements. $U~Pi ]CitiYL~.YLIX~r City Attorney's Office City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 33444 Telephone: (561) 243-7090 Facsimile: (561) 278-4755 kiminas@ci.delray-beach.fl, us 9/13/2007 AGREEMENT THIS AGREEMENT, made this day of September, 2007, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1 sc Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH,CCCC), d/b/a Achievement Centers for Children and Families (ACCF), 555 N.W. 4 h Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $769,009 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Community Child Care Center, a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: Incorporation of Recitals. The parti the above recitals are accurate and as if fully set forth in this Agreement. :s hereby represent and warrant that correct and hereby incorporate them 2. Term: This agreement shall commence on October 1, 2007 and terminate on September 30, 2008 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCCC shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCCC. b) The total Payment for services rendered pursuant to this Agreement shall be up to $585,261 for October 1, 2007 through September 30, 2008 and made to CCCC monthly on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCCC under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCCC within 30 days after receipt of the invoice. CCCC shall submit a final invoice to the City no later than October 10, 2008 (with appropriate documentation). The City will not reimburse CCCC for any expenditure made by CCCC after September 30, 2008. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b} based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shalt have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 2 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: ^ CSC Nepotism Policy Certification; ^ Personnel Policies and Procedures; ^ Job Descriptions of all funded staff positions; ^ Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); ^ License(s) to operate agency/program, if applicable; ^ Current list of Subcontractor's board members; ^ Sales Tax Exemption Certificate; ^ Service site(s) Fire Inspection Certificate(s), if applicable; ^ Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income 3 taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd, Executive Director 555 N.W. 4th Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies 4 CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Legal Form: City Attorney WITNESSES: Rita Ellis, Mayor COMMUNITY CHILD CARE CENTER d/bla Achievement Centers for Children and Families Print Name Print Name By: 5 Nancy Hurd, Executive Director AGREEMENT THIS AGREEMENT, made this day of September, 2007, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1St Avenue, Delray Beach, FL 33444 and CHILDREN'S CASE MANAGEMENT ORGANIZATION, (CCMO) d/b/a Families First of Palm Beach County, 1720 E. Tiffany Drive, Suite 101, West Palm Beach, FL 33407. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $769,009 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Children's Case Management Organization, (CCMO) a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: Incorporation of Recitals. The parti the above recitals are accurate and as if fully set forth in this Agreement. :s hereby represent and warrant that correct and hereby incorporate them 2. Term: This agreement shall commence on October 1, 2007 and terminate on September 30, 2008 with an option to renew annually. This Agreement shall be contingent upon the City's receipt ~of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCMO will be made in accordance with the following procedures: a) The City agrees to reimburse to CCMO for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCMO shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCMO. b) The total Payment for services rendered pursuant to this Agreement shall be up to $183,748 for October 1, 2007 through September 30, 2008 and made to CCMO monthly on a reimbursement basis. CCMO shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCMO under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCMO within 30 days after receipt of the invoice. CCMO shall submit a final invoice to the City no later than October 10, 2008 (with appropriate documentation). The City will not reimburse CCMO for any expenditure made by CCMO after September 30, 2008. The City has the discretion to decrease CCMO's allocation based upon the program's inability to meet the parameters outlined in the program model andlor the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCMO will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCMO pursuant to the City's procedures or (b) based upon the City's monitoring of CCMO's program and its expenditure history. Before any such reduction becomes final, CCMO will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCMO may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCMO for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCMO agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCMO to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCMO of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCMO, the amount of any overpayments or disallowed funds. 2 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCMO or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCMO from incurring additional obligation of any funds received from the City, pending corrective action by CCMO or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCMO's operations funded by the City. 7. CCMO agrees to comply with all CSC certification documentation requirements including, but not limited to: ^ CSC Nepotism Policy Certification; ^ Personnel Policies and Procedures; ^ Job Descriptions of all funded staff positions; ^ Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); ^ License(s) to operate agency/program, if applicable; ^ Current list of Subcontractor's board members; ^ Sales Tax Exemption Certificate; ^ Service site(s) Fire Inspection Certificate(s), if applicable; ^ Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCMO agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCMO shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCMO or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCMO. 10. Independent Contractor: CCMO is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCMO shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCMO shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCMO shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCMO shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 For CCMO: Julie Swindler, Executive Director 1720 East Tiffany Dr. Suite 101 West Palm Beach, FL 33407 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCMO. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCMO. If the City intends to terminate this Agreement, notice shall be provided in writing to CCMO no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCMO for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCMO and the City may each terminate this contract with or without cause provided that CCMO or City shall give sixty (60) days notice in writing to City or CCMO. The City shall reimburse CCMO for all 4 monies CCMO has expended up to and including the effective date of the termination and CCMO shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone .fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCMO in whole or part without the written consent of the City. tN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Legal Form: City Attorney WITNESSES: Rita Ellis, Mayor CHILDREN'S CASE MANAGEMENT ORGANIZATION d/b/a Families First of Palm Beach County Print Name Print Name By: 5 Julie Swindler, Executive Director NOTE for September 18.2007 Regular Meeting: Exhibits A, B, C, for this agenda item are included with the backup for Agenda Item #8M, 2007-2008 Agreement/Children's Services CounciUBeacon Center At Village Academy Elementary School. AGENDA ITEM NUMBER: t AGENDA REQUEST Date: 8/31/2007 Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 9/18/2007 Memorandum of Agreement Between the City of Delray Beach and Achievement Centers for Children and Families and Families First of Palm Beach County for Beacon Center Services for FY 07/08 ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approval -~.. Department Head Signature: 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: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: /~ No Hold Until: C. Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~~~ DATE: SEPTEMBER 12, 2007 SUBJECT: APPROVAL OF A PARKING LICENSE AGREEMENT BETWEEN PARKING SYSTEMS AND THE CITY ITEM BEFORE COMMISSION The item before the City Commission is that of approving a Parking License Agreement with Boca Parking Systems for the utilization of 40 parking spaces in the Federspiel Garage. The agreement would allow the use of the spaces seven days per week between the hours of 6:00 p.m. and 2:00 a.m. at a rate of $40.00 per space per month, totaling $1,600.00 per month and generating annual revenue of $19,200.00. The City currently leases spaces in the Sandoway, Ingraham and Gleason Street lots to the Cafe Luna Rosa valet queue, operated by Boca Parking Systems, at a rate of $30.00 per month which has been the prevailing rate valet companies are charged for spaces in the private lots they lease throughout the City. These spaces are leased on a first come first serve basis and may not be reserved or blocked by the valet. Considering that the spaces in the garage are reserved and protected from the elements staff felt that the $40.00 per month fee is merited. BACKGROUND Unlike surface parking lots, parking garages require additional costs to operate. Lighting, cleaning and monitoring are some of the expenses associated with parking garage operations. In an effort to offset some of these expenses Staff recommends leasing spaces to the valet subcontracted by 32 East to help accommodate its valet operation. The spaces proposed for lease are the part time spaces contracted to the Oxford Group between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. to Noon on Saturdays and Sundays, in accordance with certain agreements associated with the Worthing Place project. These spaces are noted as and referred to in the agreement as Exhibit A (attached), and will be available to the Valet from 6:00 p.m. to 2:00 a.m. Monday through Sunday, seven days per week. The spaces will be available to the General Public on Saturdays and Sundays between the hours of Noon and 6:00 p.m.. The total capacity of the garage is 202 spaces. With the approval of this agreement there will be 147 spaces available to the general public at all times. It is noted that the Valet has previously teased the 50 spaces in the Oxford parking lot located to the south of the City's Worthing Lot. Given the impending Worthing Place project, these spaces will no longer be available to the valet. Boca Parking Systems has been operating the valet queue leased to 32 Eas# since 2001 and has been cooperative and attentive to the City's needs and requests. The Vales have a positive impact on the City in that they accommodate the parking needs for a large number of visitors to the City. Further, their constant presence in the garage will serve as an additional level of security. Staff recommends approval of the proposed Parking Space License agreement with Boca Parking Systems. City Commission Meeting -September 18, 2007 Parking License Agreement Between Boca Parking Systems and the City REVIEW BY OTHERS This item has not been presented to any other Boards. RECOMMENDATION By motion, approve the Parking License Agreement between the City and Boca Parking Systems to lease 40 parking spaces in the Federspiel Garage at a rate of $40.00 per month, per space. Attachment: ^ Garage Parking Space License Agreement 2 GARAGE PARKING SPACE LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"), and BOCA PARHING SYSTEMS, INC., ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces, located in the Federspiel Garage, for valet parking; and WHEREAS, the LICENSEE may utilize the garage parking spaces during the hours provided herein; and WHEREAS, in order to use the parking spaces referenced herein, the CITY requires that LICENSEE enter into this non-exclusive Garage Parking Space License Agreement. NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this 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 hereby incorporate them in this Agreement. 2. Parking. The CITY agrees to allow LICENSEE the non-exclusive use of forty- five (40) garage parking spaces in the Federspiel Parking Garage and in the area as depicted on Exhibit "A". The parking spaces are to be used for valet parking by LICENSEE daily between the hours of 6:00 p.m. to 2:00 a.m. Monday through Sunday, seven (7) days per week. The gate for the garage (once installed) shall be closed at 2:00 a.m., so no cars shall be allowed to enter or exit the garage, after 2:00 a.m., until it opens the following morning at 8:00 a.m. The City Manager or his/her designee(s), shall enforce the provisions of this agreement, including the location, time, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. The CITY shall not be responsible for any vehicles that are parked in the garage spaces at any time. 3. Waivers. CITY agrees to waive paragraphs 3 and l4 of LICENSEE'S Parking License Agreement attached as Exhibit "B" to the extent that the CITY is hereby allowing LICENSEE to utilize the public parking spaces referenced herein. The CITY reserves the right to enforce those provisions, however, if LICENSEE uses more than the allowed spaces as set forth in this Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY forty dollars ($40.00) per month, per parking space by the 5th of each month. A late fee of 5% will be charged after this date. 5. Signage. The CITY may, in its sole discretion, provide the dashboard passes for LICENSEE'S valet to place inside the vehicles parked in the garage parking spaces. If such passes are provided by the CITY, LICENSEE forfeits the use any spaces due to lost or misplaced passes. LICENSEE is responsible to notify the City of any pass(es) lost or misplaced. LICENSEE or their agent may not, under any circumstances, create replacement passes. Misplaced passes will be replaced by the CITY on the following business day, after notification. 6. Term and Renewal. The term of this Agreement shall be for one (1) year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the garage parking spaces, if the City Manager determines, in his sole discretion, that the renewal is in the best interests of the CITY. 7. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective 3 business days after the date mailed. 8. Compliance with Laws. LICENSEE and his/her employees, agents, representatives and/or subcontractors agree to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. . 9. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Boca Parking Systems, Inc. 2 10. Indemnification. LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Agreement for any personal injury, loss of life and/or damage to property sustained as a result of the use and occupancy of the parking spaces by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 11. 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. 12. Clean-up. LICENSEE shall remove and pick up any litter, garbage or other material that maybe deposited in the garage facility as a result of LICENSEE'S activities. 13. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which maybe withheld, in the CITY'S sole discretion. 14. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 3 15. 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. 16. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 17. 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. 18. Insurance. LICENSEE shall provide insurance as set forth on Exhibit "C". IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2007. THE CITY OF DELRAY BEACH, ATTEST: City Clerk Approved as to form: City Attorney Rita Ellis, Mayor BOCA PARKING SYSTEMS, INC. By: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation} corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. By: Signature of Notary Public -State of Florida 4 'Oi d0oamiw(t iris the afEV~tr df aQiQ OESICI~I ~ICORPptAIEQ utd d~AI not 4~ np+~a vM~w~ tlw e~praw +ritlm ~onsmt of PQtEZ OE.SICM YdCC~P9R1~7FD - ~O~f SiaM ,~ ' ~i~ ~~~ CA; [- m ~n~ ~' c~ ~i ro E`X ~ 1 P~ 1T ~%~,~ -~ 1M paperly of PEREZ OESIpI ~p~gAA1Ep an0 char not M' Myetlue~d ritaorl the o~rm wH4n oon+ent of ~L O~SICM ItXONpt1RIC1ED - C6PYPoCMT 20D7 ~i ~1/ n ,. Q ~~ ~~,'. ~. 3 ~' I J M fir pbpr<y ~ RXE2 OESpi ~AlOd3PORAIED end dqY bd br npraA~d dtleul IM arras Kltvn mir~1 0< PEA£Z OCSfCq MiCORPORAICD - C5'PYFhOiT 7'007 ~i: .~' . [Fl 8~, ~' ~ ~ ~~° 9 o ~ ~J J ~cN~~1T "P~ [ITS 0~ DELRA~ BEACH DELRAY BEACH s i o 0 100 PJ.'v"J. 1st AVENUE o ~ELR;':Y L':EAGH, f-LORliiis. 3344e • 5E1'2~13-7000 All-America City _ - ' , ~. s~-9 ~ -- r 1993 F` ~j~ ~ `'85.,',.$3 ~ i -,.: ' ~ ~ 2001 April 12, 2007 Dear Parking License Agreement Holder: The Parking Management Advisory Board (PMAB) recommended approval for renewal of your current Valet Parking License Agreement which is expired on March 31, 2007. Please confirm, your desire to renew the agreement, under the same terms and conditions, for the upcoming year (ApriC'1 20.07 through March 31,:20081. Please fill out the appropriate spaces below and return to me, at the address stated above, as soan-`i~s" possible. Please provide current parking lot agreements and insurance information pursuant to the current Valet Parking License Agreement. Feel free to call me at 243-7286 if I may be of any further assistance. Sincerely, C 1 Scott Aronson Parking Specialist Yes, I would like to renew the Parking License Agreement No, I would like to cancel the Parking License Agreement 32 E~i-sT Rest rant name ~~go ignature ~ • ate Lic seen e I se print) ~ ~O7 # Hess. ~ Dat ~N David T. Harden,'City'Manager - Da - P'~(C'{ Ar,'n?e~f nn Ri~rv~~r-.r.' PsnF.r ! I'~ ~ ~ ~ I'; a F-i' ~ ~ LAN H Y~ ~ #~,~~ .r~~~ ..~..1::. ~' W PARHING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this 1st day of April, 2006, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY', and The Avenue Bar & Grill d/b/a 32 East, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this 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 hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of 6 (six) parking spaces comprised of the ls` through 6`'' spaces on the south side of Atlantic Avenue west of SE ls` Avenue for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. on Monday through Sunday (7 days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY Seventy Five dollars ($75:00) per month, per parking queue space utilized, by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si na e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the requirement to use anoff--duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only anon-exclusive License Agreement and maybe revoked by the CITY at anytime with or without cause during the initial term or any 2 renewals thereof upotf providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE and his/her employees agents, representatives and/or subcontractors agrees to comply and adhere to all state laws and local ordinances regarding traffic and parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Ms. Barbara Straub The Avenue Bar & Grill d/b/a/ 32 East 32 East Atlantic Avenue Delray Beach, FL. 33444 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 3 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. 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. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either on-street oroff-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3} Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 4 15. Taxes:- LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that maybe imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. 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. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This- Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHERE,QF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~~ day of 2006. THE CITY OF DEL~Y BEACH, ATTEST: a Florida MuniFipa]~ rporation . ~~~~ City Clerk By: Approved as to form: `" ~y~j~' City Attorney [ ~ ~ (Q 5 -~ (CORPORATE SEAL) Bv: Name Printed: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~7-~ day of CU y ~ ~~ as ~f~2Sy~a..~' (name of officer or agent, title of officer or agent), of ~~ ~T (name of corporation acknowledging), a ~' ~ ~C}` u~'s1: ~ (state or place of incorporation) corporation, on behalf of the corporation. has produced~L ~ ~'~Q~~~~ `~ OFFICIAL NOTARY SEAL SHUNTELL S[MMONS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DD744056 MY COMMISSION EXP. AL'G. 30,2006 6 He~ is personally known to me or EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance .with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 EXHIBIT C INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$100,000/$500,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach must be named as additional insured on the liability policies; and it must be stated on the certificate and endorsed on insurance policies. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating A-, VII or better, latest edition. 5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA ITEM # l ~'~ -REGULAR MEETING OF SEPTEMBER 18.2007 RESOLUTION N0.53-07 (MILEAGE LEVY FOR FY 20081 ITEM BEFORE COMMISSION Resolution No. 53-071evies a tax on all properties in the City of Delray Beach for FY 2008. 6.14 mills for operation and maintenance of the General Fund 0.43 mills for the payment of principal and interest on bonded indebtedness 6.57 mills = millage rate BACKGROUND The rate of 6.5783 mills is less than FY 2007. Operating millage is 6.14, while debt service millage remains at 0.43. The rolled back rate calculated under the TRIM law for operating purposes is 6.7527 mills. The millage rate is 9.156% less than the rolled back rate. The assessed valuation on all taxable property within the Ciry fox operating purposes is $8,714,375,264. The assessed valuation for debt service is $8,715,481,763. The reason for the differential is the exemptions that were granted to historic properties in the Ciry. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. On September 4, 2007, Commission approved a resolution tentatively levying the millage rate at 6.57 mills. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 53-07. S:\Ciry Clerk\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 53-07 Millage Levy FY 2008 091807.doc RESOLUTION NO. 53-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.1449 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Dekay Beach for the fiscal year commencing October 1, 2007, and ending September 30, 2008. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax fox operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $8,714,375,264. The operating millage rate of $6.1449 per one thousand dollars ($1,000.00) is less than the rolled-back rate of $6.7527 per one thousand dollars ($1,000.00) by 9.156%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $3,588,420. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.4334 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2007, and ending September 30, 2008, upon the taxable property of the City of Dekay Beach, the assessed valuation being $8,715,481,763. Section 3. 'T'hat the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the budget on September 4, 2007 and September 18, 2007. PASSED AND ADOPTED in regular session on this the 18`~ day of September, 2007. MAYOR ATTEST: City Clerk RES. N0.53-07 CERTIFICATION OF TAXABLE VALUE FORDORUSEONLY DR-420 SECTION 1 Year 2007 c;ty_ R. osro7 County Palro Beach T.4 Levy Principal Authority Delray Beach Taxing Authority: Delray Beach -Debt Service (t) Current Year Taxable Value of Real Property for Operating Purposes $ 8,414,368,652 (1) (2) Current Year Taxable Value of Personal Property for Operating Purposes $ 298,835,390 (2) (3) Current Year Taxable Value of Centrally Assessed Properly for Operating Purposes $ 2,277,721 (3) {4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + {3) _ (4) $ 8,715,481,763 (4) (5) Currenl Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At least 100% +Annexations + Total Tangible Personal Property Taxable Value In Excess of 115% of the Previous Year's Total Tangible Personal Property Taxable Value -Deletions) $ 147,168,149 (s} (6) Current Year Adjusted Taxable Value (4) - (5) $ 8,568,313,614 (s) r,7) Prior Year FINAL Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 8,363,640,539 (7) (8) Enter number of Tax Increment Value Worksheets (DR-420TIF} attached (If none, enter 0) 0 I do hereby certify the values shown herein to be correct to the best of my knowledge and belie[ mess hahd and o ICI ignature at West Palm Beach ,Florida, this the 29th day J 2007 (Month, and Year). -er . Sign .:,; a of Property Appreiser ~ SECTION I I Taxing Authority: n this portion of the form Is not completed in FULL your Authority vnll be denied TRIM certification and possibly lose its mfllage levy privilege for the tax year. N any Tins Is inapplicable, enter NIA or -0-. (9) Prior Year Operating Millage Levy $ see other form perSl,ooo (9) (10) Prior Year Ad Valorem Proceeds m x (9) $ 4 ~~ oth er form (t0) , (11) Amount, if any, paid or applied in prior year as a consequesrtce of an obligation measured by a dedicated Increment value: Sum of either line (3)c or (4)a for all DR-42071E forms $ °' tr tr (1 t) (12} AdJusted Prior Year Ad Valorem Proceeds (10) - (11) $ rr rr rr (12) (13) Dedicated Increment Value, if any: Sum of either line (3)b or (4)e for all DR-42071E forms $ rr rr tr (13) (14)Adjusted Current Year Taxable Value (6) - (13) $ rr rr rr (14) (15) Current Year Rolled-Back Rate {12) divided by (14) $ rt rr rr per 51,000 (15) (16) Current Year Proposed Operating Millage Rate $ rr rr rr per St,Ooo (16) (17) Check TYPE of Principal Authority (check one) County Independent Sp. Dist ®Municipality ~WaterMan. District (18) Check Applicable Taxing Authority (check one) ~Prinrtipal Authority ~ Dep. Spec Dist. ~MSTU (19) Is mfllage levied in more than one county? (check one) Yes aNo (20) Current Millage Levy for Voted Debt Service $ .4334 parsl,ooo (20> (21) Current Millage Levy for Other Voted Millage - $ perS1,000 (21} #_ E,.~T'~~'l~S~'TRIC AND~N~S7~l SKIP lines (22}`.`,(Z$) (22) Enter the Total Adjusted Prior Year Ad Vaorem Proceeds of ALL Dependent Special Districts $ ri / a (22) and MSTUs levying a mfllage. (The sum of Line (12) from each Districts and MSTU's Form OR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds (12) + (22) $ n / a (23) (24) Currenl Year Aggregate Rolled-Back Rate: (23) divided by (14) $ n/a per St,ooo {24) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) $ n/ a (25) (26) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTUs if any. Sum of line (16) x line (4) from all Form DR-420s $ n/a (26) (27) Current Year Proposed Aggregate Millage Rate: (26) divided by (4) $ n /a per $1,000 (27) (28) Current Year Proposed Rate as a Percent Change of Rolled-Back Rate: ((Line 27 divided by line 24) - 1.00] x 100 n/a % (28) Date, Time and Place of the First Public Budget Hearing: September 4, 200, ~ :00 p~m. , City Commission Chambers, Delray Beach; City Hall, 100 NW lst Avenue, Delray Beach, FL I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, 1 certify that all millages comply with the provisions of Section 200.185 and 200.071 or 200.081, F.S. WITNESS my hand and official signature at De ray each ,Florida, this the 1St day of August, 2007 (Month, and Year) '~ ~' David T. Hardenr. tr same Signature and Tdle of Chief A e Address of Physical Location 100 NW 1st Ave~n]~uleg~}~gqdct~~,~s .Toseph M. Safford, Director. of Finance Delra Beach, r'L7mj.i4e44 ameorContadPerso Y 561-243-711' X61-243-7166 COY Stale Zip Phone # fax # SEE INSTRUCTIONS ON REVERSE SIDE CERTIFICATION OF TAXABLE VALUE SECTION I Year 2007 County Palm Beach Prndpal Authority Delray Beach Taxing Authority: (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Properly for Operating Purposes (3) Current Year Taxable Value of CenVally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) _ (4) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations + Totat Tangible Personal Property Taxable Value In Excess of 115% of the Previous Year's Total Tangible Personal Property Taxable Value -Deletions) (8) Current Year Adjusted Taxable Value (4) - (5) (7) Prior Year FINAL Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) s.o ~,,,,,~,~ ~ ~~~~~ FOR DOR USE ONLY DR~20 City. R. 06/07 TA Levy: Delray Beach b 8,413,262,153 (1) $ 298,835,390 (2) a 2,277,721 (3) $ 8,714,375,264 (4) 3 147,168,149 (5) a 8,567,207,115 (s) a 8,362,590,396 p> (8) Enter number of Tax Increment Value Worksheets (DR-420TIF) attached (If none, enter 0) 1 1 do hereby certify the values shown herein to be correct to the best of my knowledge and belief. ess hand and off ' ignature at West Palm Beach ,Florida, this the 29th day of Jnn 007 (Month, and Year). poet re of Property leer ~y ,- arc: , . ~;, f , -: ..f.. -., _ g- . SECTION 11 Taxing Authority: if this portion of the form Is not aarrpleted in FULL your Authority vntt be den(ed TitIM certification and possibly rose its rrbnage levy privilege for the fax year. H any Ilne (s inappgeable, enter WA or -0-. (9} Prior Year Operating Millage Levy S _ 6.8 600 per 21,000 (9) (10) Prior Year Ad Vakxem Proceeds (7} x (9) S ~~ ~ ~~ ~ ~ 7 (10) (11) Amount, if any, pakt or applied in prior year as a consequesrlce of an obligation measured by a T T 9 173 446 dedk:ated increment value: Sum of either line (3)c or (4)a for ail DR-42071E forms y , , (1 t ) (12) Adjusted Prior Year Ad Valorem Proceeds (10) - (11) 3 ~R ~ 1 q 3 ~ ~~1 (12) (13) Dedicated Increment Value, if any: Sum of either line (3)b or (4)e for all DR-42071E forms S ~ e /, ~ n } f ~,~ q5 (13) (14) Adjusted Current Year Taxable Value (6) - (13) S 7 ~ ~ q 7 ~[L~± s ~, 7 (1 (14) (15) Current Year Rolled-Back Rate (12) divided by (14) S ~ _ 7 5 2 7 per 51,000 (15) (16) Current Year Proposed Operating Millage Rate a b . l 449 per st.o0o (18) (17) Check TYPE of Principal Authority (check one) County Independent Sp. Dist. aMunicipality ~WaterMan.District (18) CheckApplicable Taxing Authority (check one) oPrincipai Authority Dep. Spec Dist. ~MSTU (19) Is millage levied in Hare than one county? (check one) Yes ~ No ~ :e: ." (20) Current M(Ilage Levy for Voted Debt Service s see other form per sl,ooo (20) (21)CurrentMillageLevyforOtherVotedMillage ~~s$ SSee other form persl,ooo (21> ~: SKI 4 , (22) Enter the Total Adjusted Prior Year Ad Valorem Proceeds of ALL Dependent Special Districts ; 5 75 , 4 71 (22) and MSTUs levying a miilage. (The sum of Line (12) from each DistricCs and MSTU's Form DR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds (12) + (22) $ 48 , 7 6 9 , 3 9 6 (24) Current Year Aggregate Rolled-Back Rate: (23) divided by (14) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) (2g) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTUsrf any. Sum of line {ts) x line (4) from all Form DR-420s (23) $_.59.547,981 (25) 54,095,727 (26) (27) Curtent Year Proposed Aggregate Millage Rate: (26) divided by (4) $ 6.2 ~ 7 6 per 31,000 (27) (28) Current Year Proposed Rate as a Percent Change of Rolled-Back Rate: [(Line 27 divided byline 24) - 1.OOj x 100 -9.156 % (28) Date, Time and Place of the First Public Budget Hearing: September 4 . 2007 , 7.00 n _ m . , (: i ~y ('.nmmi c ~ i nn Chambers, Delray Beach City Hall, 100 NW 1st Avenue, Delray Beach, FL I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200,185 and 200.071 or 200.081, F.S. WITNESS my hand and official signature at De a each ,Florida, this the 1St day of August . 2007 (Month, and Year) ~- David T. Harden same Signature and Title of Chier Adm ~ age r Address of Physical Location 100 NW 1st Avenue L~r~s Joseph M. Safford, Director of Finance Delray Beach, ~~~adarir~~+4 Name ofContaaPerson 561 243 7116 561 243 7166 Cily State Zip Ptane # Fax # SEE INSTRUCTIONS ON REVERSE SIDE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~ DATE: SEPTEMBER 14, 2007 y~ ~ SUBJECT: AGENDA ITEM # ~ O• -REGULAR MEETING OF SEPTEMBER 18, 2007 RESOLUTION N0.54-07 (MILEAGE LEVY IN THE DDA TAXING DISTRICT FOR FY 2008) ITEM BEFORE COMMISSION Resolution No. 54-07 levies a tax in the amount of 0.8855 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. BACKGROUND This millage is less than the 0.9731 rolled back rate calculated under the TRIM law by 9.89%. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $617,149,121. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2008. On September 4, 2007, the City Commission approved a resolution tentatively levying the millage rate at 0.8855 mill and there has been no change. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 54-07. S:\City Clerk\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 5407 Millage Levy DDA FY 2008 091807.d« RESOLUTION NO. 54-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $.8855 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2007, and ending September 30, 2008. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Dekay Beach is $617,149,121. The operating millage rate of $.8855 per one thousand dollars ($1,000.00) is less than the rolled-back rate of $0.9731 per one thousand dollars ($1,000.00) by 9.89%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3°'0) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the budget on September 4, 2007 and September 18, 2007. PASSED AND ADOPTED in regular session on this the 18'~ day of September, 2007. MAYOR ATTEST: City Clerk RES. NO. 5407 CERTIFICATION OF TAXABLE VALUE SECTION 1 Year 2007 County Palm Beach Principal Authority Delray Beach Taxing Authority: (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Curtent Year Taxable Value of Personal Property for Operating Purposes (3) Curtent Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + {2) + (3) _ (4) (5) Curtent Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations + Total Tangible Personal Property Taxable Value In Excess of 115% of the Previous Year's Total Tangible Personal Properly Taxable Value -Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) (7) Prior Year FINAL Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) FOR DOR USE ONLY DR-420 City: R. 06!07 TA Levy: Delray Beach -D.D.A. $ 617,149,121 (1) $ 0 (2) $ ~ (3) $ 617,149,121 (a) $ 25,773,443 (s) $ 591,375,678 {s) $ 575,471,443 (7) (8) Enter number of Tax Increment Value Worksheets (DR-420TIF) attached (If none, enter 0) 0 I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witne y and and offiaal si nature at West Paim Beach ,Florida, this the 29th day of June 7 (Month, and Year). ignatu of Prope Appraiser SECTION I I Taxing Authority: If this portion of the form is not completed In FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax yoar. N any line is inapplicable, enter WA or -0-. (9) Prior Year Operating Millage Levy ~ $ 1 . OOOO per st,ooo (9) (10) Prior Year Ad Valorem Proceeds m x (9) $ r~ 5 ~` 71 (10) (11) Amount, if any, paid or applied in prior year as a consequesnce of an obligation measured by a _ -~ dedicated increment value: Sum of either line (3)c or (4)a for all DR-42071E forms $ (11) (12)Adjusted Prior Year Ad Vaorem Proceeds (10) - (11) $ 575.471 (12) (13) Dedicated Increment Value, if any: Sum of either line (3)b or (4)e for all DR-42071E forms $ -O- (13) (14)Adjusted Curtent Year Taxable Value (6) - (13) $ 591.375.678 (141 (15) Curtent Year Rolled-Back Rate (12) divided by (14) $ , g 731 per 51,000 (15) (16) Current Year Proposed Operating Millage Rate $ , 8855 per St,00o (16) (17) Check TYPE of Principal Authority (check one} County Independent Sp. Dist. ®Municipality ~WaterMan. District (18) Check Applicable Taxing Authority (check one) Principal Authority ~ Dep. Spec Dist. ~MSTU (19) Is millage levied in more than one county? (check one) Yes ~X No (20) Current Millage Levy for Voted Debt Service (21) Curtent Millage Levy for Other Voted Millage ~bEP~ERt~'NT SPECIAL DiSTRIC7S AND MSTUs" 'SKIP Iinas (22j =~(28} (22) Enter the Total Adjusted Prior Year Ad Valorem Proceeds of ALL Dependent Special Districts and MSTUs levying a millage. (The sum of Line (12) from each District's and MSTU's Form DR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds (12) + (22) (24) Current Year Aggregate Rolled-Back Rate: (23) divided by (14) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) (26) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTUs if any. Sum of line (16) x line (4) from all Form DR-420s $ -0- -0- per 51,000 (20) per 51,000 (21) $ n/a (zz) $ n/a (23) $ Tr/a per5l,oo0 (24) $ n/a (2s) $ n/a (zs) (27) Current Year Proposed Aggregate Millage Rate: (26) divided by (4) $ n/a per 51,000 (27) (28) Current Year Proposed Rate as a Percent Change of Roiled-Back Rate: [(Line 27 divided by line 24) - 1.00] x 100 n/a % (26) Date, Time and Place of the FirstPubticBudgetHearing: September 4, 2007, 7:00 p.m., City Commission Chambers, Delray Beach: CityH~tll, 100 NW 1st Avenue, Delray Beach, FL I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.185 and 200.071 or 200.081, F.S. WITNESS my hand and oificial signature at • Delra B Ch ,Florida, this the 1St day of AllgllSt, 2007 (Month, and Year) ~^ ~ David T. Harden carne Signature and Title of Chief mi ~O a er Address of Physical Location Inn ww i~t a~~enu~ Joseph M. Safford, Director of Finance Mailing Address Name of Contact Person Delray Beach, FL 33444 561-243-7116 561-243-7166 City State Zip Phone # Fax # SEE INSTRUCTIONS ON REVERSE SIDE e 07 03:05p DELRRY BCH CHRMBER 5612780555 p.2 Downtown DevelopmentAutliority Income & Expenditure Estimate to 9/30/07 & Proposed Budget ~ __, ---- ._ - I. ipd3ti~ S~-)r')? f.lr:endz~ lr~m :79rU ~ _t,) _ _. _ __ .. - -- - - i 1 ~ 2 3 ~ - 4---- _ -i __ -5 _ ~ 6 __ .. ---- Income & Expenditure ~ Under/(Ove; Proposed .9cluat - Acfttal l~sttma~e Ifudgef- Kudget Budget -- _.....__. _ lUU3/U6 _ - -?o ~ 10 Yr ZUT6/U7 DatelUU7/US RP~eat>~,ac_.. _ _._.__ _ -372 550 _ 52__4 253 548 ---- - _ _ - - 109 548 Ad ValoremT.axes__ _ _ __ _-_ _ - _ 1 i , ,109 0 519,161 Interest_E..arned __ 2 1,900 1,185 1,500 1 500 0 1,500 __Miscellaneous [ncome__. ___. - __-..-- 3-.- _ i ~--_.-- --... ~ -' - _.._._ . __.. -- - I --- Total.Revenues __ __.__-_ I<0 _...37.4.450 525,438 __-__54~s609: 549 609_ _0~ - . 52Q,661 1 _ , -_ _ Expenditures I _ __ D.M.C.._Con. tribution_.__ _. _ ___-_-_ __ 11 127,891 92,091 1(9,391- ] 19,200' (191)' 120,000 --- --- Cit~S~ec.ial Event Overtime __ _l2_ ______.__ i ~ __ _ _ _ __ ; 12,000 __ External_Audit.Fees_.____ _-._ __ __. 5 500 6.000` X000 5500 ~ 500 ~ 7 500~~ Bookkeepm~ Fees. ... _ 114 1,650: 1,200' 2,000 2,000 _ 0 I 2,100_ Bank Cha~'>zes . _ _ .... 15 _L 45 1 150 0 I 0 ' F 2,424 ~ 2,4Q7-_~-__ _~-_ -2,407 2,000 --- - ) , - - ..Due~ and Subscnntions. 16__ (407 I 2 500 ___Chairman'sClubDues_ _.-___._ - .__ _17 ~. 1,000.,_,_.___„ __,_1.,006 1,000 1,000_ 0 ` 1,000_ ____Liability_Insurance______-_.-_.. _ -- 18 6,631 ' __ _5,260!-- - 5,200 _--_ 8,000 .2,800,; 8,000 Proper~Appraiser's etc Fees 19 2,504 j 2,424 3,251 3,400 ___14.9 I 4,400 _ _ Conferences,.Meetines & Tra_v_el-..-_. ~ 20 _ 5,902 4,_469 8,0001 __8,000 ~ 0 ~ 8,000 ~_ Office Sun~.lies_~[quio. Repairs 21 1 6[.2 ~ _ 824 1,50.0 1 500.. _ 0 i 1,500_ .. - - .. Mat1l~and_Posta~e _ 22 i _4,071 5,401 _ 7,60 5,000 _ 1,000 ; 7,000 Office Rentals -... _.__ ___ __...__ .._ - _.23 . 2,400 2,640 2 640 2 740 0 ~ 2,640 _ ._... . _ ___~ub Total.4f#icg)~xnelnses - _ 30 . 161,63Q - 123.656. 158,539 _ 161.390....._._ ..2,851. 176.640 j. UOWntOWi] N1ap-JDOrISOrSh1D_.. ...__-__ '_ Ho[idaYTree & 1 st Nieht Sponsorship ._ _. Pineanole.Grove _.._. -_- - ._. _. _._. ...... _ --._..~!.A.R.C......--_ . _ ._ -- _.. __. _ Bridrze.~ark ----- ....._ . . Other Promos & Grants (b/fwd) _Retail Promotions _...__ _. _..._._... Other Special Events -- 22 Sssi. 3 (2,428), 0 0 _ _ ..92 ; (117}~ (2,000), -~----~ ~ 3 5,000 3 5,000 33 34... _. 35....--_.. 36- 37 i 3 --- _ 35,000 __ 35,000 --- -- _. - - 5,000 5,000 4 908 _. _ ~ __. _._ . 5.000. x_-. - - 10,500 12,000 _1.0.0.0..0; 22,5091 25,0041 - _ 25,000 _... _ Net Print_Marketine &.Adverts~b/fwdl. ....._ _39. ~-- I. ._._....- -- 130,355-,_ 185 787 _ _ .._._-~_. - .._ 21-b,526 - ---- -.-- ~ .___2.15.,970 ._ . ... 556 ( ) __Other Marketi~ &_ Economic Dev.. 40_. i ________ 50.000 . _ __50,040 _ _ Sub.T~t~~ll~aXketing & Promotion-- 50.... .. 201,8.1Q _ . 296.34. _ 340.979 __ 385,970 . 44,991 . ----- 'i<'Q.tal Reven.ues._ . _ _.. _51. -- _ 374 450 525,438 1 _ --------. _ .549,609 ._ _. __.549,609 _ _ .._ - _- 0 ess TotaC Expenses ~ 52 363,440 ~ 419,997 _ 499,518 -- ~ 547,360 -- 47,842 _ _.- _ _. Tota! Revenues Over (LTnder)._. _ . 53 1.1.,010 _105,441 _ _. __. 50 4917 L. _ _ .- ..2,249 - __ -- ___. ._. __ _ - - ._.._ .. Funds B/Fwd October 1st t j _._ - __._ 10,444 ' 21,454 21,454; ! .... _.. . 21,454 . .....__. ... _ ......-_..... .--._.~ .Total Funds carried fwd I __ ~ : ~. 21,454' ....__....... .... 126,895: _._._._... I_. 71,545] .. .._...-r- 23,7031 --...__... _ ...._0 -o 0 25,000 13,506 185,130__ S 0,000 520,2'70 391 it 1~L Se'~(X ~[ iE * ~C 71,545 Date: 8/7/2007 12:42 PM Pa~c: 1 ~~/o~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA ITEM # ~ O •C -REGULAR MEETING OF SEPTEMBER 18.2007 RESOLUTION N0.55-07 (BUDGET ADOPTION FOR FY 2008) ITEM BEFORE COMMISSION Resolution No. 55-07 makes appropriations of sums of money for all necessary expenditures of the City for Fiscal Year 2008. The appropriations are set forth in Exhibit "A" to the resolution. BACKGROUND Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. On September 4, 2007, the City Commission approved a resolution tentatively adopting the budget. In addition, the Five-Year Capital Improvement Plan for Fiscal Years 2008 through 2012 and the Capital Improvement Budget will be presented as a sub-item to the budget adoption. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan. The Planning and Zoning Board, as Local Planning Agency, will formally review the Capital Improvement Plan and Capital Improvement Budget on September 17, 2007, as required by the Capital Improvement Element of the Comprehensive Plan and make a recommendation to the Commission regarding same. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 55-07. S:\City Clerk\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 55-07 Budget Adoption F5C 2008 091807.doc RESOLUTION NO. 55-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELR.AY BEACH FOR THE PERIOD FROM THE 15t DAY OF OCTOBER, 2007, TO THE 30`~ DAY OF SEPTEMBER, 2008; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ection 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1 S` day of October, 2007, and ending the 30`~ day of September, 2008, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1S` day of October, 2007, and ending the 30`'' day of September, 2008. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30`'' day of September, 2007, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 13` day of October, 2007. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 18t day of October, 2007. Section 4. That no department, bureau, agenry or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agenry or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. i n That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. ~ i n That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 4, 2007 and September 18, 2007. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 18~' day of September, 2007. MAYOR ATTEST: Ciry Clerk RES. NO. 55-07 Exhibit A Budget Summary CASH BALANCE8 BROUGHT rORWAR~ TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales b Use Taxes Franchise Taxes Utility Taxes Other Taxes Licenses 8 Permks Intergovernmental Charges for Services Fines 8 Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANGNG SOURCES TOTALESTiMATEO REVENUES AND BALANCES General Government Services Publk Safety Physical Environment Transportation Economic Env&onment Human Services Culture 8 Recreation Debt Service Other Financing Usea TOTAL EXPENDRURESIEXPENSES Mill~p~s s.~44a o.43s4 Reserves TOTAL EXPENDITURE8 AND RESERVES DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL 825,000 115,070 807,570 1,747,640 50,871,520 0 0 50,871,520 3,588,430 0 0 3,588,430 88,000 0 0 88,000 519,180 0 0 519,180 1,552,000 0 0 1,552,000 8,239,250 0 0 8,239,250 4,764,000 0 0 4,784,000 3,900,000 0 0 3,900,000 4,855,170 0 0 4,855,170 7,882,470 708,450 1,941,100 10,510,020 7,213,640 41,958,230 0 49,189,870 1,002,700 0 73,000 1,075,700 5,954,570 1,500 912,290 158,320 7,024,680 2,889,940 97,000 1,051,780 4,038,720 100,559,890 520,880 43,871,970 3,222,200 147,974,520 101,384,890 520,880 43,787,040 4,029,770 149,722,180 10,589,090 0 0 10,589,090 53,014,840 0 73,000 53,087,840 587,530 28,448,380 0 27,035,910 2,339,300 0 0 2,339,300 8,853,390 520,270 0 1,499,950 10,873,810 55,000 0 789,010 824,010 14,318,520 3,854,240 1,343,290 19,518,050 5,335,080 7,200,570 0 12,535,850 8,185,520 5,384,140 0 11,549,880 101,258,270 520,270 42,887,330 3,885,250 148,351,120 128,420 390 899,710 344,520 1,371,040 101,384,690 ~ 520,680 43,787,040 4,029,770 ~ 149,722,160 c ; 1, c-y,-e i daJ ,.>:, . ~ ~.~ ~~,.- B~dgetSummaly ,„ a~ ~..~~ ...r ~IFY OF DEI.RAY BEAGH,~)=LORIDA FISCAL YEAR 2007-2008 DOWNTOWN SPECUII GENERAi DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL cABN9auNCESBR000NTPORVYARO 825,000 115,070 807 570 1 747 640 ESTIWI_ TEpREyENUES: , , , TAXES % tO ADUACOREMTAXES s.~aa9 50,871,520 0 0 ADVALOREMTAXES au34 3 588 430 50,871,520 AD VAL~tEM~LINOUENT , , 66 000 0 0 3,588,430 AD VALOREM-DDA , a.sass 519.160 0 D 0 66,ppD S~ 8 Use Taxes 1 552 D00 0 519,160 FranchiseeTazes , , 6 239 250 0 0 1,552,000 UfVilyTaxes , , 4 764 000 0 0 6,239,250 OBterTaxes , , 3 900 000 0 0 4,764,E g iice~&Permiils , , 4 655 170 0 0 3,900,000 Intergovemmentai , , 1 862 470 0 0 4,655,170 ChargesiaSenrices , , 7 213 640 706,450 1,941,1D0 10,510,020 o Fees 8 For~ihNes , , 1 D02 700 4t,9S6,230 4 49,169,870 MisceBarNrousRevenues Other F~ancin89 Sources , , 5,954,570 1,500 0 912,290 13,000 156,320 1,075,700 7,024,680 oI TOTALREVEfRkSANDOTHER 2,889,940 97=~ 1,OSt,780 4,038,720 N "' v FlNANCINGSOURCES TDTALESTIIIATEDREVENUES 1,559,690 520:660 _ q_ 3,671,970 3,222,200 147,974,520 Q '~~~~ 101,384,690 520,660 _ 83,787,040 -=- 4,029,770 149,722,160 ~: a~ ,L E%PENDTIURES+EYPcutcc• v General GovemmentServices 1o 5as o9d r PuUicSafety , , 53 014 840 o D 1a,5as,aso Physial fmironmeM , , 587 530 0 73,00 53,081,840 °' Transportation , 2 339 0 ~~~_~ 0 27,035,910 e o EcanonNCEnviron~nt Human Sen~ices , , 8,853,390 520,270 0 0 0 1,499,950 2,339,300 10,873,61D Cutmre & Recreation SS,000 14 318 520 0 769,010 .824,010 m Debt Seance , , 5 335 080 3,854,240 1,343,290 19,516,050 08ierFinanangUses , , 6 165 520 7:200,570 0 12,535,650 TOTAL EI(PENOITURESIE7fPENSES , , 101,258,270 520.270 42,887,330 3,685,250 148,351,1200 Reserves TotALE%peN0lTtNtESANDRESERYES 126,420 101,364,690 ~ 390 520 660 899,110 43 7 344,520 1,371,040 , ; 81,040 4,029,170 1 49,722,160 THE TENTATNE, ADOPTED AND~R FINAi BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE MENTIONED TAXING AUTHORITY AS A PUBLIC RECORD. P~rxh Thusday, 13,2007 Boca RatoiVDelrrT Bich tVews _ ~_ NOTICE OF BUDGET HEARING 0 V N 3 v c m u 0 a 0 0 E v n d ti r co a L H 3 a. Z L U N d m 0 m The CITY OF DELRAY BEACH has fenlatively adopted a budget for Fiscal Year 2007-2~8. A public hearing fo make a FINAL DECISION on the bu get AND TAXES will be held on Tuesday, September 18, 2007 7:OOpm at Ci#y Hali,100 NW 1st Avenue Delray Beach, Florida 33444 City of Delray Beach Chevelle D. Nubin, CMC City Clerk Publish: Thursday, September 13, 2007 Boca RatoniDelray Beach News Page 1 of 3 Harden, David From: Colonna, Diane Sent: Wednesday, September 05, 2007 2:48 PM To: Harden, David Cc: Aronson, Scott - Subject: RE: Shuttle Bus Costs Okay, thank you. We'll work our share into the budget somewhere. From: Harden, David Sent: Wednesday, September 05, 2007 1:44 PM To: Herrmann, Lisa Cc: Colonna, Diane; Dorling, Paul; Aronson, Scott Subject: FW: Shuttle Bus Costs The original budget request envisioned adding a third bus. What we are proposing now is to just continue the existing service at an annual cost of $307,307 as shown below. We have until January to decide whether we want to accept the grant. IOC To: City Commission From: City Manager CC: Date: September 14, 2007 Re: Capital Improvement Plan for FY2009 - FY2012 The following Capital Improvement Plan as it is being presented for adoption includes all of the projects which I recommended adding back in to the budget in my memo to you dated September 4, 2007, a copy of which is attached. io.c. i Memo To: City Commission From: City Manager~~~ CC: Date: September 4, 2007 Re: Additional Budget Recommendations Late last week the City Treasurer revised our estimate of utility tax revenue upward, based on collections over the last three months. With this additional revenue, our budget now has a projected contingency amount of $793,070. The Commission has discussed the possibility of continuing the existing shuttle service for another year. In addition, the following capital projects which had been scheduled for FY 2008 have been deferred: Atlantic Dunes Restroom Renovation $35,000 Bleacher Replacement -Pompey Park 70,000 In-car Video -Police Department 150,000 Neighborhood Enhancements 150,000 Pompey Pool House Renovations 115,000 Renovate Community Center Locker Rooms 50,000 Traffic Calming 101,000 recommend that the contingency amount noted above be budgeted as follows: Contingency $198,070 Shuttle Service 150,000 (Assumes CRA match would be available.) Atlantic Dunes Restroom Renovation 35,000 (These heavily used beach facilities need repair and updating.) Bleacher Replacement -Pompey Park 70,000 (Requested for many years. Would be part of the Pompey Center renovations.) In-car Video -Police Department 90,000 (Would buy 15 units.) Leon Weeks Preserve Renovation 50,000 (Would enable us to start this much needed project.) Neighbofiood Enhancements 150,000 (As requested by Southridge Neighbofiood President for stabilization.) Renovate Community Center Locker Rooms 50,000 (These heavily used, outmoded facilities also support Tennis Center events.) MEMORANDUM TO: MAYOR ANDCITY M IONER FROM: RONALD N'@GGARD, I P, (CIPAL PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER ~~ DATE: SEPTEMBER 12, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPTEMBER 18, 2007 ADOPTION OF THE PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) FOR FY 2007-08 - FY 2011-12. ITEM BEFORE COMMISSION The action requested of the City Commission is that of adoption of the proposed Capital Improvement Plan (CIP) for FY 2007-08 - FY2011-12. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The proposed CIP (FY2007-08 - FY2011-12) is organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. There is overall consistency of the proposed CIP with the Comprehensive Plan. The Items contained in the Five-Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. The associated adjustments to the Five Year Schedule of Improvements proposed in the new CIP will be added to Comprehensive Plan Amendment 2007-2. REVIEW BY OTHERS The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The Planning and Zoning Board will consider the request at its September 17, 2007 meeting. The Board's Finding will be presented at the City Commission Meeting. RECOMMENDATION By motion, adopt the proposed Capital Improvement Plan (CIP) for FY 2007-08 - FY2011-12. Attachments: Planning & Zoning Board Staff Report, Current CIP & Proposed CIP PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 17, 2007 AGENDA ITEM: V.A. STATEMENT OF FINDING OF CONSISTENCY BETWEEN THE PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) AND THE COMPREHENSIVE PLAN ITEM BEFORE THE BDARD The item before the Board is that of making a finding that the proposed Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. BACKGROUND The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the City Commission and issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The attached Current CIP (FY2006-07 - FY2010-11) and Proposed CIP (FY2007-08 - FY2011-12) are organized by funds, and then line items. Line items can be individual projects (i.e. Beach Renourishment), or annual allocations for repair and replacement such as "Building Maintenance" or "Vehicle Replacement". Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. ANALYSIS The Capital Improvement Plan is reviewed each year by the Capital Improvement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, Planning & Zoning Director and Environmental Services Director. Proposed projects are prioritized within three categories, Critical Items (must be satisfied with the current year), Mandatory Items (should be satisfied within one year) and Desirable Items (should be satisfied in a time frame greater than one year) and then budgeted accordingly within the overall 5-year program. As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of projects, cost estimates, and time frame. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 2 There is overall consistency of the proposed CIP with the Comprehensive Plan. The Items contained in the Five-Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. Although some projects are specifically identified, most are part of overall maintenance and improvement programs. For the purpose of this review, the CIP has been divided into major categories which relate to the elements of the Comprehensive Plan and the authorizing policies have been identified. COASTAL MANAGEMENT The CIP includes capital expenditures related to maintenance of the coastal ecosystem, including beach renourishment, sea turtle monitoring and dune revegetation. These items, which total approximately $9.3 million over the next five years, are funded by the Beach Restoration Fund. Expenditures are authorized by the following Objective and Policies of the Coastal Management Element: Coastal Management Element Objective A-1 The City shall continue its established and ongoing programs for the purposes of protecting, conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife habitat, beach erosion control, dune protection, and sea turtle protection. A report of the status of those programs shall be prepared annually and made available to the public at the Town Hall Meeting and at City Hall. Policy A-1.3 The City shall undertake beach and dune studies as required by permitting agencies to monitor and maintain the Beach Renourishment Project. Policy A-1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. RECREATION The CIP includes capital expenditures related to the provision and maintenance of recreational facilities. These items, which total approximately $25 million over the next five years, are funded by the General Capital Improvements Fund, the Recreation Impact Fee Fund, the Municipal Golf Course Fund and the Lakeview Golf Course Fund. In addition to improvements to various city parks and recreational facilities, improvements include $12.5 million for the construction of the Family Recreation and Fitness Center and $5.8 million for improvements at Miller Park. The expenditures are authorized by the following Objective and Policies of the Open Space and Recreation Element. Open Space & Recreation Element Objective A-2 Park and recreation facilities shall be adequately and efficiently provided through implementation of the following policies: Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 3 Policv A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policv A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policv A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policv A-2.7 As part of the preparation of redevelopment and neighborhood plans the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces Policv A-2.14 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. BEAUTIFICATION The CIP includes capital expenditures related to landscape and streetscape projects. These items, which total approximately $10.5 million over the next 5 years, are funded by the Beautification Trust Fund, the General Capital Improvements Fund and a Special Project Fund for the Public Arts Program. Major expenditures include $2.5 million for and continuation of the streetscape improvements on West Atlantic Avenue to I-95, $5.2 million for streetscape improvements to Federal Highway and $1.2 million for neighborhood enhancement. The expenditures are authorized by the following Objectives and Policies of the Open Space and Recreation Element and Transportation Element: Open Space & Recreation Element Objective B-1 The retention of open space areas is vital to meeting the overall themes of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas and enhancement of the streetscapes are objectives which shall be accomplished through the following: Policv B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 4 Transportation Element Objective B-3 The accommodation of traffic, accomplished through street widening, shall not detract from the aesthetics of the community. Policv B-3.1 The City shall continue its public street beautification program, for median and perimeter landscaping. Policv B-3.2 The City shall continue to budget sufficient funds to maintain streetscapes under its jurisdiction for community aesthetics. Policv D-3.13 By 2006, the City and CRA shall establish a plan for enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved safety, parking and pedestrian circulation. UTILITIES The CIP includes capital expenditures related to improvements and maintenance of City water, wastewater and drainage facilities. These items, which total approximately $28.6 million over the next 5 years, are funded by the Water/Sewer New Capital Outlay Fund, the Water/Sewer Connection Fees Fund, the Water/Sewer Renewal and Replacement Fund, and the Storm Water Utility Fund. In addition to construction of upgraded water, sewer and drainage systems throughout the City, improvements include $1.2 million for the City's share for construction of a sludge pelletization facility by the Solid Waste Authority and $8.4 million for the reclaimed water transmission system. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element: Public Facilities Element Objective C-2 Upgrading of sewer and water facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policv C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project over a 15 year time frame. Policv C-2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project over a 15 year time frame. Public Facilities Element Objective C-3 Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 5 Policy C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective C-4 Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Policy C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Public Facilities Element Objective E-1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Storm Water Utility Fee. PUBLIC BUILDINGS & OTHER FACILITIES The CIP includes capital expenditures related to new and existing public buildings and facilities. These items, which total approximately $22.4 million over the next 5 years, are funded by the General Capital Improvements Fund and the Central Garage Fund. In addition to general maintenance and upgrades to equipment and systems throughout the City, improvements include $7.8 million for replacement of Fire Department and Police vehicles, $1.2 million for the Fire Rescue Training Center, $2.6 million for Police Department building improvements and equipment, and $6 million for replacement of the City's Radio System. The expenditures are authorized by the following Objective and Policies of the Public Facilities Element: Public Facilities Element Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability" of the facility and the City. This objective shall be met through the following policies. Policy D-1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policy D-1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 6 TRANSPORTATION The CIP includes capital expenditures related to maintenance and improvement of the City's transportation systems, including automotive, pedestrian and public transportation. These items, which total approximately $5.7 million over the next 5 years, are funded by the General Capital Improvements Fund. In addition to general maintenance of existing roadways and sidewalks, major improvements include $744,000 for phase I of the Homewood Boulevard bike lane project, and $715,000 for neighborhood traffic calming. The expenditures are authorized by the following Objectives and Policies of the Public Facilities Element and Transportation Element: Public Facilities Element Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. Policv E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. Policv E-3.3 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2005. Transportation Element Objective B-2 Travelways which are primarily used by residents (local streets) shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. This objective shall be implemented through the following tasks. Policv B-2.1 The City Engineer shall evaluate intersections which have congestion on an as needed basis. An inventory shall be compiled annually, and necessary improvements funded through the street improvement capital budget of the Environmental Services Department. Items to be addressed and corrected may include the following: ^ Where restrictions to efficient traffic flow exist they shall be removed. ^ Where appropriate, turn lanes should be provided in lieu of traffic lights or four-way stops in order to accommodate turning movements without hindering through traffic. ^ Where traffic signals exist, turn arrows will be installed when warranted. ^ Where signals do not exist and equivalent traffic volumes enter an intersection, four- way stops and traffic calming devices should be considered. Planning and Zoning Board Memorandum Staff Report Consistency of the 5-Year CIP with the Comprehensive Plan Page 7 Transportation Element Objective D-2 Facilities which accommodate the use of bicycles as an alternative means of personal transportation shall be assessed and required during development review. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements (e.g. 14 foot outside travel lanes) rather than providing separate bicycle facilities and lanes. The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. RECOMMENDED ACTION By motion, make a finding that the proposed Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) is consistent with the Comprehensive Plan. Attachments: • Current CIP • Proposed CIP CURRENT TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525.000 PROJECT 8 FUND FY 2008A7 FY ZD07-Da FY 2008-09 FY 2009.10 FY 2010-11 RECREATION IMPACT FEE Delra Swim & Tennis Center Parking Lot 275,000 0 0 0 0 NW 1slAvenue Park 80,000 0 0 0 _ Oakmont Park Improvements 0 TOTALS: ~ 5275,000 ' 80,000 5160,000 0' 0 SO SO 0 j0 BEAUTIFICATION TRUST FUND Cit Wide Tree Trimming - E uipment 0 132,710 0 0 0 Com uterized Irrigation S tem 50,000 50,000 50,000 50,000 i 0 Germantown Road Beautification 75,000 0 0 0 0 Landsca in East End of Atlantic Avenue 208,120 0 0 0 0 South Dixie Cit Entrance 30,000 0 0 0 0 TOTALS: 5363,120 5182,710 550,000 550,000 SO COMMUNITY DEVELOPMENT FUND Shi Pro ram-State Grant 599,910 0 0 0 0 CRA Easement Grant Pro ram 108,000 0 0 0 0 Beacon Clr -Villa a Pro ram 853,620 0 0 0 0 Plannin Administration 117,440 0 0 0 0 Housin Rehab -Federal Grant 285,710 0 0 0 0 Miscellaneous Ex ense 104,320 ~ 0 0 0 0 Grants and Aids -Federal Grant 89,990 0 0 0 0 Nei hborhood Housing 265,580 0 0 ' 0 0 Man o Drive/Reigle D_r_-pavement TOTALS 252,500 5$677,070 0 SO 0 SO 0 SO 0 SD BEACH RESTORATION FUND Beach Tilling Dune Reve elation 13,110 50,000 13,305 0 0 0 0 0 0 0 Post Construction Survey En ineering/Update Geotech 37,575 0 39,078 0 40,640 0 42,265 428,500 308,960 0 Final Engineering/Bid & Negotiation 0 0 0 0 116,500 Sea Turtles Monitorin 38,750 20,000 20,000 20,000 20,000 TOTALS: 5139,435 572,383 560,640 5490,761 5445,460 GENERAL CAPITAL IMPROVEMENTS A1A Streetscape Project 1,000,000 0 0 0 0 Barwick Park -Resod 0 0 0 20,000 40,000 Block 32 Alley Improvements 0 0 131,700 ' 0 0 City Hall-Expansion-new Info Tech Building 974,400 ' 0 0 0 0 City Hall-North Wing & Chamber Improvements 672,000 0 ' 0 0 0 Dixie Hwy-US 1Connector-construction 135,000 0 0 ~ 0 0 Douglas Avenue-Roadway Construction 212,000 0 0 0 0 Downtown Parking Lots-resurface, re-stripe, landscape 0 0 ' 0 0 247,000 East Atlantic Avenue -resurfacing 0 0 0 BO,OOD 0 FEC - SE 1st Street Rehabilitation 84,100 0 0 0 0 FEC -Crossing Annual Rehabilitation Program 95,000 96,750 103,000 109,974 114,000 Finance/IT-Citrix Metaframe Farm License Purchase 50,000 110,000 21,000 0 0 Finance/IT-Mobile Units-WIFI HotSpots 38,000 0 0 0 0 Finance/IT-Replace Internal Building Dala Cabling 85,000 85,000 100,000 0 0 Finance/IT-Replacement of Computers & otr equip 100,000 100,000 100,000 150,000 150,000 Finance/1T-Server Replacement 25,000 25,000 25,000 25,000 25,000 FinancellT-Storage Array Network City HalUPolice 0 260,000 0 0 0 Fire-Drafting Pil for pumper testing and training 0 35,000 0 0 0 Fire-Headquarters-Add'I Parking, land/paving 0 0 0 120,000 0 Fire-Headquarters-Ovrhead doorslwindows-Storm Hardening 215,000 0 0 ' 0 0 Fire-Headquarters-Upgrd Generator-Design & Equip 0 0 15,000 250,000 0 Fire-Mobile Data Terminals New/Repl inlst line 112,500 52,500 0 112,500 112,500 Fire-Mobile Vehicular Radio Repeaters 50,000 50,000 ' 25,000 0 0 Fire-Rescue Facility -Replace Telephone System 0 0 100,000 0 0 Fire-Rescue Headquarters-space eval & remodeling 15,000 0 60,000 0 0 Fire-Site Plan & Design Depot Ave 0 50,000 0 0 0 Fire-Special Events Response Vehicle, new 0 25,000 0 0 0 Fire-Sprinkler & Alarm System -80 Depot Avenue 0 0 40,000 0 0 Fire-Sprinkler & Alarm System-New Garage Facility 0 0 25,000 0 0 Fire-Station #1 Entry/Courtyard 0 0 0 0 301,500 Fire-Station #4 Replacement 2,723,500 0 0 0 0 Fire-Stations #2,#3-Roof Replacement 175,000 225,000 0 0 0 General Building Maintenance -City Facilities _ Homewood Blvd Bike Lanes-Ph 1 150,000 D 150,000 0 150,000 754,000 160,000 0 160,000 0 Lindell Blvd Traffic Calming 350,000 0 0 0 NE Blh Ave pavement -North oT Bond Way 0 0 0 71,900 0 Neighborhood Enhancement 0 160,000 ' 250,000 ' 250,000 250,000 Old Germantown Road-Sidewalks 0 220,000 0 0 0 Old School Square Window Replacement 245,000 456,500 108,500 0 0 Old School Square-Park Improvements 200,000 2,500,000 _ 0 D 0 Parking Meters -New Meters 600,000 0 0 0 0 Parks-Atlantic Dunes Boardwalk Replace & Repair 230,000 0 0 0 '~. 0 Parks-Atlantic Dunes Park-Boardwalk Construction 0 0 0 100,000 0 Parks-Atlantic Dunes Park-Exotic Species Replacement 0 128,100 0 0 0 Parks-Beach Pavilion replaced ~ A1A 8 Atlantic Ave 0 0 0 0 200,000 Parks-Community CenterlPompey Prk-Replace Bleachers 0 0 0 105,000 0 Parks-Intracoastal Park, Ramp, prking lot, picnic area 2,606,000 0 0 0 0 Parks-Intracoastal Watervay-pocket prks, landscpe 0 0 0 50,000 50,000 Parks-Maim ComplexlOffice Expand/Space ' 0 0 95,000 0 0 Parks-Merritt Park, curb, irrigate, sod, bleachers D 0 50,000 0 0 CI-28 CURRENT TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525.000 PROJECT 8 FUND'' FY 2006-07 FY 2007-08 FY 2008-09 fY 2009-1U FY 2070-1i Parks-Miller Park improvemen~s~iewostiUCt v S,i/uv,vvu ~ U u Parks-Pompey & Currie Parks -Press Box (2) 0 40,000 0 0 0 Parks-Pompey Park -Major League-repl outfield/infield 130,000 0 0 0 0 Parks-Pompey Park -Shade System 0 42,000 0 0 0 Parks-Teen Center Renovation 0 50,000 0 0 0 Pedestrian Countdown Signals 52,000 0 0 0 0 Pineapple Grove sidewalks pavers/lights install 0 108,600 0 0 0 Police Dept - 2nd Flroddition-outside Evidence Rm 0 0 0 300,000 0 Police Dept -Firearms Training Simulator 0 146,475 0 0 0 Police Dept -Generator Replacement D 0 350,000 D 0 Police Dept -Mobile Data Browser Software 122,700 D 0 0 0 Police Depl - Omnilrak Latent work station equip 0 D 0 114,000 0 Police Dept -Records Vertical Carousel Filing Sys 44,340 0 0 0 0 Police Dept -Refurbish Police Parking Lot 0 0 'i 100,000 0 0 Police Dept -Remodel Briefing Room 63,000 0 0 0 1 0 Police Dept -Remodel Training Room 0 0 110,000 0 ' 0 Police Dept -Remove Wallpaper & Paint 0 65,650 0 0 0 Police Dept -Replace Laptop Computers 30,000 0 304,400 152,200 0 Police Dept -Skid Car far driver training 0 45,000 0 0 Police Dept -Space Study 25,000 0 0 0 0 Police Dept -Voice and Web court Systems 0 60,050 0 0 0 Rainberry Woods Neighborhood Enhance Ph II 241,500 0 0 0 0 Replace steel light poles -East Atlantic Avenue 0 0 80,000 40,000 40,000 RiverwalkSeawall 0 0 0 0 621,495 Rosemont Park 120,000 0 0 0 0 SE & NE 5th & 6th Av frm NE 4th St. to Geo Bush Blvd 0 0 0 0 2,330,000 SE & NE 5th & 6th Av frm SE 4th St to SE 10th St 0 0 2,330,000 0 0 SE & NE 5th & 6th Av-SE 4th St to NE 4th Sl 400,000 3,400,000 0 0 0 SE 2nd St - S Swinton Ave to FEC x-ing 0 0 348,500 0 0 Seacrest Blvd-NE 8th St - Gulfstream Blvd-Street Reconstruct 0 0 0 0 360,000 SidewalkslBikepaths-removal & replace 0 50,000 50,000 50,000 50,000 Street Resurface/Reconstruction-yrly program 200,000 175,000 150,000 170,000 180,000 SW 14th Ave - 5W 2nd st to SW 1st Street 460,500 0 0 ' 0 0 SW 1st Ave - SW 1st St to W. Atlantic Avenue 0 358,600 D 0 0 SW 2nd Ave - SW 1st St to W Atlantic Ave 358,600 0 ' 0 0 0 SW 8th Ave - SW 10th St to SW 11th St 165,000 0 0 0 0 Tennis Center-Clay Court Rehab 60,000 60,000 60,000 60,000 ' 60,000 Tennis Center-Stadium Seat Replacemnt 0 0 0 340,000 0 Tennis Cntr-Equipmnt Storage Enclosure 0 0 0 25,000 0 Traffic Calming-annual program 0 105,000 144,000 173,000 230,000 Veterans Park Master Plan-rework usage 0 0 0 40,000 0 W Atlantic Ave Ph III, IV -12th Av - 6th Av 0 1,800,000 0 0 0 W Atlantic Ave-purchase litter containers 0 0 30,000 0 0 _ TOTALS: 513,615,140 518,192,225 58,255,100 53,088,574 ;5,521,495 WATER/SEWER NEW CAPITAL OUTLAY Dou las Avenue -New sanita sewers stem 85,000 0 0 0 0 ESD Compound - propert line sceening/access road 152,250 0 0 0 0 Greenbrier Drive Sewer -new sanita sewers tem 0 200,000 0 0 0 Man o DriveJRei le Drive -new sanita sewers stem 35,000 0 0 0 0 Portable Generators 3) -sleet expansion 83,664 91164 76,164 0 0 SCRWTDB Pelletization Project 1,148,420 . 0 0~ 0 0 Stud a Thickener-new D 532,875 0 0 0 Transfer Public Arts -ESD Building Expansion 2,250 7,875 0 ', _ 0 0 Truck Acquisition 40,000 40,000 0 0 0 Well Flow Meters 63,000 0 0 0 0 Other Professional Services 45,000 45,000 45,000 45,000' 45,000 Reclaimed Water Transmission System 250,000 1,757,000 1,100,000 600,000 1,390,000 SCWTDB Reclaimed Water Treatment Facility 2,310,500 TOTALS: _ 54,215,084 52,673,914 51,221,184 5645,000 SL4J5,000 WATERISEWER RENEWAL & REPLACEMENT FUND Block 32 Water Main Improvements 0 0 77,500 0 0 Block 64 water Main Improvements 93,800 0 0 0 0 Clarifier Rehabilitation 250,000 0 0 0 0 Com uter Equipment 26,900 0 0 0 0 Crestwood Drive Water Main U rode 116,500 Delra Shores Nei hborhood Water Main u rades 0 0 0 0 1,537,400 Eldorado Lane & Sunshine Drive Water Main up rades D 370,800 0 0 0 Elevated Water Stora a Tank Maintenance 15,500 15,500 15,500 _15,500 15,500 Lake Ida Area Water Main up rades 390,000 0 0 0 0 Lift Station #11 Generator 25,040 _ _ _ Lift Station #4 Generator 25,040 _ Lift Station #6 Generator 25,040 Lift Station Rehabilitation 60,625 60,625 60,625 60,625 60,625 Lift Station Rehabilitation #34 36,000 0 0 0 0 Lowson Blvd. Force Main Replacement 310,000 0 0 0 0 Meters -Radio Read 113,000 0 0 0 0 NE 8th Avenue - NE 2nd Street to NE 5th Street 0 0 0 388,700 0 NE 8th Avenue -North to Bond Wa 0 0 0 83,500 0 North Lake Ida Area Water Main 0 0 0 308,400 0 pump Station Generator North Re 66,480 0 0 0 0 _ NW 12th St 8 Grove Wa Water Main 0 685,900 0 0 0 NW 4th Av & NW 3rd Av Water Main 0 0 0 . 514,300 0 Ocean Terrace & Coconut Row 0 0 0 0 239,200 Owens Baker Truck pi in Modification 54,000 ~ 0 0 0 0 Palm Trail Nei hborhood Ph II 0 0 672,800 0 0 CI-29 CURRENT TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525.000 PROJECT 8 FUND FY 2D06A7 FY 2007-08 FY 2008-09 FY 2009-10 FY 2010.11 tuu,uu0 iuu,uuv tw,wu 100,000 t00,u00 Production Well Rehabdita[ion Sanita Sewer Manhole Rehabilitation _ 50,000 50,000 50,000 50,000, 50,000 SE 1st Av-SE 3rd St to E Atlantic Ave 0 323,500 _ 0 0 j 0 SEINE 5th 8 6th Av - NE 4th St to Geor a Bush Blvd _ 0 0 0 0 336,500 SEINE 5th 8 6th Av-SE 4th St to NE 4th Sl Water Main 23,000 150,000 0 0 0 SE 5th 8 6th Av-SE 4th St to SE 10th St 0 0 336,500 0 0 Seacrest Blvd - NE 6th Street to Gulfstream Blvd 0 0 0 0 83,500 _ Seasa elMelaleucalOleander 345,000 0 0 0 0 Sewer Main Rehabilitaton 375,000 500,000 500,000 500,000 500,000 SW 10th Avenue - SW 2nd St to W. Atlantic Ave 0 0 0 303,600 0 SW 11th, 12th, 13th 8 14th Avenue 0 0 0 808,750 0 SW 15th Av 0 0 0 166,900 0 SW 1st Avenue 8 SW 4th Street 0 374,000 0 0 0 SW 3rd St, 3rd Av 8 6th Av 0 702,000 0 0 0 Toro Lawn Mower- replacement 18,800 18,800 0 0 0 Wash Water Recove Basin Piping 150,000 0 0 0 0 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 Water Main Upgrades - 1997 Water Main Upgrade Program 0 250,000 250,000 250,000 250,000 WiP -Stairwell 8 Deck Replacement ' 30,000 0 0' 0 0 TOTALS: 52,778,725 53,676,125 52,137,925 53,645,275 53,247,725 MUNICIPAL GOLF COURSE Other Machine 8 Equipment 53,000 60,000 60,000 60,000 60,000 Debt Service Bonds 414,303 413,950 413,927 409,553 409,213 _ Debt Service -Cart Lease 36,000 36,000 36,000 36,000 36,000 TOTALS: 5503,303 5509,950 ' 5509,927 5505,553 ~ 5505,213 LAKEVIEW GOLF COURSE Other Machine 8 Equipment 0 325,000 0 0 0 Debt Service Bonds 249,860 250,024 244,470 223,720 220,141 Debt Service -Cart Lease 31,610 31,610 31,610 31,610 31,610 TOTALS: 5281,470 5606,634 5276,080 5255,330 5251,751 STORMWATER UTILITY Barwick Road -Draina e S stem 102,600 0 0 0 0 Block 32 Alle 0 0 86,000 0 0 Block 64 Alle Improvements 253,750 0 0 0 0 Dixie Hw - US1 Connector 135,000 0 0 0 0 Dotteral Road -Draina a Im rovement 0 0 0 0 86,000 General Storm Water Repairs 75,000 75,000 75,000 75,000 75,000 Man o Drive/SW 7th Avenue 75,000 0 0 0 0 NE 8th Avenue -North of Bond Wa 0 0 75,000 0 0 Rainbe Woods 356,500 0 0 0 0 SE/NE 5th 8 6th Av - NE 4th St to Geor a Bush Blvd 0 0 0 0 431,000 _ SE/NE 5th 8 6th Av-SE 4th St to NE 4th St Water Main ~_ 49,000 325,000 0 0 0 SE 5th 8 6th Av-SE 4th St to SE 10th St 0 0 374,000 0 0 SE 2nd St - S Swinton Ave to FEC X-in 0 0 230,000 0 0 S Swinton Avenue SW/SE 4th St 0 0 0 186,500 0 Seacrest Boulevard - NE 8th to Gulfstream Blvd 0 1 0 0 0 97,500 Seasa a/Melaleuca/Oleander 300,000 ' 0 0 0 0 Storm Water Pump Station Rehab 250,000 250,000 250,000 250,000 250,000 SW 1st Ave-SW 1st St to W Atlantic Ave 0 'i 215,500 0 0 0 SW 2nd Av - SW 1st St to W Atlantic Ave 201,000 0 0 0 0 SW 8th Av - SW 11th St to SW 10th St 45,000 0 ' 0 0 0 SW 14th Ave - SW 2nd Sl to SW 1st St 74,500 0 0 0 ~. 0 Debt Service -Stormwater Note Interest 26,390 26,390 26,390 26,390 26,390 Debt Service -Stormwater Note Principle 27,120 27,120 27,120 27,120 27,120 General Obligations 774,160 797,385 821,306 845,946 871,324 TOTALS: SI,745,020 51,716,385 51,964,816 51,410,956 51,864,334 CENTRAL GARAGE FUND ESD Complex Fuel Dis users 28,486 0 0 0 0 Fire A ratus Replace Brush Truck 0 0 0 0 303,800 Fire A ratus Replace Pumpers 440,200 493,000 0 0 522,600 Fire-ALS Rescue Re lace 213,600 224,300 235,500 247,200 259,600 Police Dept. -Mobile Command Vehicle 0 0 245,675 0 0 SWAT Van Unit #1721 Replace 0 86,350 0 0 0 Vehicle Replacement 683,959 718,157 1,000,000 1,000,000 1,000,000 Vehicle Restoration ' 70,000 70,000 90,000 95,000 100,000 _ TOTALS: 51,436,245 51,591,807 51,571,175 51,342,200 52,186,000 PARKS AND RECREATION BOND Bexle Trail Communit Park 500,000 0 ' D 0 0 Cornet Park, install arkin lot 50,000 0 0 0 0 Other Promotional Costs 225,000 0 0 0 0 Ea les Park-Develop passive rk 400,000 0 0 0 0 Pompe Park -Cultural Connection 300,000 Pom a Park - Buildin 6cpansion 800,000 Senior Center -Western Communi Center 4,503,045 Senior Center -Western Communit Center -Land 4,106,069 0 0 0 ~ 0 TOTALS: S 10 884 114.00 SO SO SO SO CI-30 PROPOSED TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525,000 PROJECT & FUND FY 2007-08 FY 2008.09 FY 2DD9-10 FY'2010-11" ' FY 2011.12 RECREATION IMPACT FEE Delray Swim & Tennis Center Parking Lot -East 70,100 NW 1st Avenue Park 0 80,000 0 0 0 0 0 0 Oakmont Park Improvements 'i TOTALS: 80,000 $150,100 0 $80,000 0 SO 0 $0 0 $0 BEAUTIFICATION TRUST FUND City Wide Tree Trimming -Equipment Computerized Irrigation System 0 20,000 145,000 50,000 0 50,000 0 50,000 0 0 Germantown Road Beautification 75,000 0 0 0 0 --- South Dixie City Entrance TOTALS: 30,000 $125,000 0 $195,000 0 $50,000 0 $50,000 0 COMMUNITY DEVELOPMENT FUND Ship Program-State Grant _ Western Settlers' Grant Program 576,010 105,000 i 0 0 0 0 0 0 0 0 Beacon Ctr -Village Program 769,010 0 ', 0 0 0 Planning Administration 115,640 0 0 0 0 Housing Rehab -Federal Grant 266,030 0 0 0 0 Unsafe Bldgs, Land Acqu, Bike Paths, Neighborhood Resources 125,000 0 0 0 0 Grants and Aids -Federal Grant 89,410 0 0 0 0 Neighborhood Ho_usin_g _ _ 248,600 TOTALS $2,294,700 0 $0 0 $0 0 ' $0 0 $0 BEACH RESTORATION FUND Beach Renourishment-Fill Placement 0 0 0 0 7,250,000 Dune Revegetation 40,000 0 0 0 0 Engineering-6 year survey FY05 thru FY11 Environmental Engineering-Construction 39,080 0 40,640 0 42,265 0 43,960 265,000 750,000 Engineering-Final Construction Surveys 0 0 0 0 0 0 93,000 0 0 50,000 Construction Engineering 0 0 0 0 70,000 En ineering/Update Geotech 0 0 428,500 0 0 Final Engineering/Bid & Negotiation Sea Turtles Monitoring 0 38,750 0 0 20,000 20,000 23,500 20,000 40,000 TOTALS: S117,830 $60,640 $490,765 $445,460 8,160,000 GENERAL CAPITAL IMPROVEMENTS i A1A Decorative Street Lights & Mast Arms Install 50,000 250,000 0 0 0 Barwick Park -Resod 0 0 0 60,000 0 American Disability Act Compliance Modifications 0 ' 0 0 0 253,000 Downtown Parking Lots-resurface, re-stripe, landscape 0 0 287,700 ', 0 0 East Atlantic Avenue -resurfacing 0 0 0 92,000 0 & Fitness Center Construction Family Recreation 11,937,582 _ Family Recreation & Fitness Center Furniture & Fixtures 283,910 Family Recreation & Fitness Center Playground Area 98,500 FEC - SE & NE 1st Street Signal Rehabilitation 572,480 0 0 0 0 FEC -Crossing Annual Rehabilitation Program 95,000 96,750 130,000 114,000 115,473 Fiber Non-Public Safety Loop to ESD Complex-Info Tech 0 0 0 0 225,000 FinancellT-Citrix Metaframe Farm License Purchase 0 50,000 100,000 21,000 0 Finance/IT-Replace Internal Building Data Cabling 85,000 100,000 ' 0 0 0 Finance/IT-Replacement of Computers & otr equip 75,000 ~, 150,000 150,000 150,000 150,000 Finance/IT-Mainframe ISeries Server Replacement 0 0 ~ 550,000 0 0 Finance/IT-Navaline Software 0 108,270 0 0 0 Finance/IT-Server Replacement -Software Upgrade 25,000 25,000 25,000 25,000 25,000 Fire-Headquarters-Add'I Parking, land/paving 0 0 0 O I 120,000 Fire-Headquarters-Generator Upgrade 0 15,000 250,000 0 0 Fire Rescue Training Center 0 370,000 580,000 75,000 0 Fire-Mobile Data Terminals New/Repl inlst line 52,500 0 112,500 112,500 0 Fire-Mobile Vehicular Radio Repeaters 100,000 25,000 50,000 50,000 50,000 Fire-Rescue Facility -Replace Telephone System 0 0 100,000 0 0 FireSte Plan & Design Depot Ave 50,000 0 0 0 0 FireSpecial Events Response Vehicle, new 0 25,000 0 0 0 Fire-Sprinkler & Alarm System -80 Depot Avenue 0 0 40,000 0 0 Fire-Sprinkler & Alarm System-New Garage Facility 25,000 0 I, 0 0 0 Fire-Station #1 Entry/Courtyard 0 0 0 377,500 0 Fire-Stations #2,#3-Roof Replacement 225,000 0 ' 0 0 0 General Building Maintenance -City Facilities Holster and Weapons Mounted Lighting System 150,000 45,000 150,000 ' 0 150,000 150,000 0 0 150,000 0 Homewood Blvd Bike Lanes-Ph 1 744,250 0 0 0 0 Motorola 3.0 Radio System-Replacement 0 6,000,000 0 0 0 NE 8th Ave pavement -North of Bond Way 0 0 0 85,000 0 NE 2nd Street Sidewalks 0 108,400 0 0 1 0 Neighborhood Enhancement/Improvements 150,000 250,000 250,000 250,000 250,000 Old Germantown Road-Sidewalks 216,700 0 0 0 0 CI-28 PROPOSED TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525.000 PROJECT 8. FUND FY 2007.08 FY 2008-09 'FY 2009-10 FY 2010-11 FY 2011-12 Parks-Atlantic Dunes Park-Restroom Renovation 35,000 0 0 0 0 Parks-Atlantic Dunes Park-Exotic Species Replacement 0 240,000 ' 0 0 0 Parks-Pompey Park-Replace Bleachers 70,000 0 0 0 0 Parks-Community Center -Replace Bleachers 0 55,000 0 0 0 Parks-Renovate Community Center Locker Room 50,000 0 0 '' 0 0 Parks-Leon Weeks Preserve Renovation-Exotic Plant Removal 50,000 ' 0 0 0 0 Parks-Maint Complex/Office Expand/Space 0 0 0 ' 105,000 0 Parks-Merritt Park, curb, irrigate, sod, bleachers 0 ' 0 60,000 0 0 Parks-Miller Park Renovation 0 5,700,000 0 0 ' 0 Parks-Pompey Park -Shade System 0 42,000 0 0 0 Parks-Teen Center Renovation 0 50,000 0 0 0 Parks-Pocket Parks Construction 0 0 0 50,000 50,000 Police Dept -Carpet Replacement 0 65,000 0 0 0 Police Dept -Lobby Renovation 0 0 0 110,000 0 Police Dept -Generator Replacement & Enclosure 245,770 0 0 0 0 Police Dept -Firearms Training Simulator 146,475 0 0 0 0 Police Dept - In-Car Visual Cameras 90,000 150,000 150,000 150,000 150,000 Police Dept- Report Writing Room Renovation 30,000 0 0 0 0 Police Dept - Omnitrak Latent work station equip 0 0 114,000 0 0 Police Dept -Second Floor Addition Outside Evidence Room 0 0 0 300,000 0 Police Dept -Refurbish Police Parking Lot 0 0 0 100,000 0 Police Dept -Remodel Training Room 0 0 0 110,000 0 Police Dept -Remove Wallpaper & Paint 0 65,650 0 0 0 Police Dept -Replace Laptop Computers 0 304,400 152,200 0 0 Police Dept -Skid Car for driver training 45,000 0 0 0 Police Dept-Voice and Web Court Systems 60,050 ' 0 0 0 0 Ranberry Woods Neighborhood Enhance Ph I I 98,500 0 0 0' 0 Range Ballistic Backstop-Replacement 0 ', 45,000 0 0 0 Replace Steel Light Poles 40,000 40,000 40,000 40,000 40,000 S Swinton Avenue @ SW/SE 4th Street 0 0 0 0 402,200 SE & NE 5th & 6th Av frm SE 4th St to SE 10th St 0 0 0 2,330,000 0 SE & NE 5th & 6th Av-SE 4th St to NE 4th St 2,875,000 0 0 0 0 Seacrest Blvd-NE 8th St - Gulfstream Blvd-Street Reconstruct 0 0 0 0 417,000 Street Resurface/Reconstruction-yrly program 200,000 200,000 200,000 270,000 280,000 SW 14th Ave - SW 2nd St to SW 1st Street & Alleys 241,350 0 0 0 0 SW 1st Ave - SW 1st St to W. Atlantic Avenue 0 413,300 0 0 0 SE 2nd St - S Swinton Ave to FEC x-ing 0 0 348,500 0 0 SW 29th St-SW 22nd Avenue Sidewalks 284,250 0 0 0 0 Tennis Center-Clay Court Rehab 90,000 60,000 60,000 60,000 60,000 uipmnt Storage Enclosure Tennis Cntr-Eq 0 0 0 25,000 0 _ Traffic Calming-annual program 0 140,000 144,000 201,000 230,000 Veterans Park Master Plan 0 0 0 45,000 0 -12th Av - 6th Av W Atlantic Ave Ph III, I V 2,517,500 0 0 0 0 _ _ TOTALS: $9,883,325 $27,560,282 $4,043,900 55,458,000 $2,967,673 WATERlSEWER NEW CAPITAL OUTLAY 150 KW Portable Generator (2), 100 KW (1) 0 140,790 0 0, 0 ESD Fiber Optic Loap-Conduit 0 0 0 ~ 75,000 0 Greenbrier Drive Sewer -new sanitary sewer system 0 238,000 0 0 0 LIMS System for ESD Lab 0 27,000 0 0 0 Reclaimed Water Connection to Lakeview GC 390,000 0 0 0 0 Reclaimed Water Distribution/Customer Connection _ 165,000 165,000 165,000 165,000 165,000 SCRWTDB Pelletization Project 1,200,000 0 0 0 0 Slud a Thickener-new 525,000 0 0 0 0 Truck Acquisition 0 40,000 0 0 0 Reclaimed Water Transmission System 1,757,000 1,887,000 1,110,000 1,390,000 1,390,000 TOTALS: $4,037,000 $2,497,790 $1,275,000 $1,630,000 $1,555,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Clarifier Rehabilitation 250,000 0 0 0 0 Crestwood Drive Water Main Upgrade 116,500 0 0 0 ' 0 Delra Shores Neighborhood Water Main upgrades _ 0 0 0 0 768,700 Eldorado Lane & Sunshine Drive Water Main upgrades 0 426,700 0 0 0 Elevated Water Storage Tank Maintenance 17,000 17,000 17,000 17,000 18,700 Elevated Tank isolation valve repl. 30,000 0 0 0 0 _ Engineering bldg. conversion to storage FDOT RRR -US1 frm C15 Canal 371,000 50,000 0 0 0 0 0 0 0 0 Lift Station Rehabilitation #566, 58B, 59C, 53A, 26A 60,630 60,630 60,630 60,630 60,630 Lake Drive Water main upgrades 216,200 0 0 0 0 Large Meter Replacement Program Lowson Blvd. Force Main Replacement 40,000 0 50,000 396,000 0 0 0 0 0 0 Meters Replacement Program NE 8th Avenue - NE 2nd Street to NE 5th Street 113,000 0 0 0 0 0 0 448,500 0 0 NE 8th Avenue -North to Band Way 0 01 0 86,000 0 North Lake Ida Area Water Main 0 0 469,640 , 234,770 0 NW 4th & NW 4th Av Water Main 0 0 593,400 0 0 CI-29 PROPOSED TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525.000 PROJECT 8 FUND FY 2007-Oti FY 20b8-09 FY 2b09-10 FY 2010.11 FY 2011.12 Ocean Terrace 8 Coconut kow 0 0 _ 0 0 239,200 Palm Trail Neighborhood Ph I I Production Well Rehabilitation 0 100,000 386,850 100,000 0 100,000 386,850 100,000 0 100,000 Replacement of DFS Radios-Lift Station Replacement of DFS Radios-Water Maintenance Sanitary Sewer Manhole Rehabilitation 30,000 30,000 50,000 0 0 50,000 0 0 50,000 0 0 50,000 0 0 50,000 SE 1st Av-SE 3rd St to E Atlantic Ave 0 0 420,900 0 0 SE/NE 5th 8 6th Av - NE 4th St to George Bush Blvd 0 0 0 0 388,500 SE/NE 5th 8 6th Av-SE 4th St to NE 4th St Water Main 115,000 0 0 0 0 SE 5th & 6th Av-SE 4th St to SE 10th St 0 0' 388,500 0 0 Seacrest Blvd - NE 8th Street to Gulfstream Blvd 0 0 0 0 100,000 Sewer Main Rehabilitation 375,000 450,000 450,000 450,000 400,000 SW 10th Avenue - SW 2nd St to W. Atlantic Ave 0 0', 0 350,400 0 SW 11th, 12th, 13th 8 14th Avenue 0' 0 0 ~ 0 874,000 SW 15th Av 186,900 0 0' 0 0 SW 1st Avenue 8 SW 4th Street 0 431,000 0, 0 0 SW 3rd St, 3rd Av 8 6th Av 0 435,000 0'~ 435,000 0 Valve Replacement Volatile Organic Compounds S stem Upgrade Wash Water Recovery Basin Piping 48,000 37,000 150,000 0 0 0 0 0 0 0' 0, 0' 0 0 0 Water Service Relocations 25,000 25,000 25,000 25,000 25,000 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 TOTALS: $2,486,230 $2,903,180 $2,650,070 $2,719,150 $3,099,730 MUNICIPAL GOLF COURSE Other Machine & Equipment 96,500 60,000 60,000 60,000 60,000 Debt Service Bonds 413,950 413,973 409,553 409,213 406,256 Debt Service -Cart Lease 35,500 35,500 35,500 8,900 0 TOTALS: 5545,950 $509,473 $505,053 $478,113 $488,256 LAKEVIEW GOLF COURSE Other Machine 8 Equipment 0 35,000 24,000.. 25,000 25,000 Irrigation S stem, Green Replacement Debt Service Bonds 0 249,860 325,000 250,024 0 244,470 OI 223,720 0 220,141 Debt Service -Cart Lease 31,610 31,610 31,610 31,610 7,900 TOTALS: $281,470 $841,634 $300,080 $280,330 $253,041 STORMWATER UTILITY Delra Swim and Tennis Center Parking Lot Drainage 75,000 0 0 0 0 General Storm Water Repairs 75,000 75,000 75,000 75,000 75,000 NE 7th Str, Harbour 8 Island Or. Outfall Modification 60,000 NE 8th Avenue -North of Bond Way 0 0 0 86,000 0 Palm Trail Drainage SE/NE 5th 8 6th Av-SE 4th St to NE 4th St 98,000 0 0 374,000 0 0 0 0 0 0 SE 5th 8 6th Av-SE 4th St to SE 10th St 0 0 0 431,000 0 SE 2nd St - S Swinton Ave to FEC X-ing 0 0 230,000 0 0 S Swinton Avenue @ SW/SE 4th St Storm Water Pump Station Rehab SW t st Ave-SW 1st St to W Atlantic Ave 0 250,000 0 0 250,000 230,000 ' 0 , 250,000 0 0 250,000 0 186,500 250,000 0 SW 8th Av - SW 11th St to SW 10th St 45,000 0 0 0 0 SW 14th Ave - SW 2nd St to SW 1st St 103,500 0 0 , 0 0 Seacrest Blvd-NE 8th to Gulfstream Blvd Drainage 0 0 0 0 112,500 Debt Service 53,830 0 0 0 ! 0 TOTALS: $780,330 $929,000 $555,000 $842,000 $824,000 CENTRAL GARAGE FUND Fire Apparatus Replace Brush Truck Fire Apparatus Replace Pumpers Fire-ALS Rescue Replace 0 470,000 232,300 0 0 243,900 0 0 256,100 303,800 559,800 268,900 0 0 282,400 Generator-Fire Truck Shop 40,000 Office,Restroom,Mezzanine-Fire Shop 103,650 0 0 0 0 Police Dept. -Mobile Command Vehicle SWAT Van Unit #1721 Replace 0 86,350 , 245,675 0 0 0 ' 0 , 0 0 0 Vehicle Replacement Vehicle Restoration 800,000 70,000 840,000 73,500 882,000 77,175 926,100 81,034 972,405 85,085 -- TOTALS: $1,802,300 $1,403,075 $1,215,275 $2,139,834 $1,339,890 SPECIAL PROJECT FUND -PUBLIC ARTS PROGRAM Family Recreation and Fitness Center Miller Park 0 0 152,200 72,700 0 0 0 0 0 0 SE 8 NE 5th Av and 6th Av Frm SE 4th St to NE 4th St. 37,500 0 0 0 0 SE 8 NE 5th Av and 6th Av Frm SE 4th to SE 10th 0 0 0 30,000 0 W Atlantic Ave Ph III,IV -12th Av - 6th Av 32,500 TOTALS: $ 70,000.00 $224,900 $0 530,000 $0 CI-30 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA ITEM # ~ O• !J -REGULAR MEETING OF SEPTEMBER 18.2007 ORDINANCE N0.39-07 (AMENDING CHAPTER 52 "WATER") ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for changes in residential, nonresidential and irrigation rates for FY 2008. These new rates go into effect on October 1, 2007. BACKGROUND This ordinance proposes a 5% increase to capacity and commodity charges for customers in the City, and increases of approximately 5% for customers outside of the city. The per meter customer charge is proposed to increase by approximately 44%; this charge is based on the actual cost of meter reading, billing and collecting. At first reading on September 4, 2007, the Commission passed Ordinance No. 39-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 39-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordimnce Agenda Memos\Ord 39-07 WATER 091607.doc ORDINANCE NO.39-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELR.AY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the Ciry to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Inside City Outside City Customer charge (per meter) 4:44 2.80 Capacity charge (charged to all 443 12.17 44.48 1 .21 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons X39 1.67 X14 2.09 4,000 to 20,000 gallons ~ ~ z~.-29 2.31 21,000 to 35,000 gallons x:94 2~( ~ 2.55 36,000 to 50,000 gallons ~ ~ ~ 2.7 Above 50,000 gallons X49 ~ ~4 ~~ Nonresidential and Irrigation Customer charge (per meter) ~94~$0, ~ 3~.' Q Capacity charge (based upon meter size): 3/flinch meter 4.1-59 12.17 4 445 15.21 1-inch meter 49.33 20.30 2 46 25.37 1-1/2-inch meter 38:5 40.50 4. 8~ 50.62 2-inch meter €~5 64.84 ~9 81. 3-inch meter ~~ 141.93 4H &9fi 177. 1 4-inch meter 7AZTJiT 255.43 39 4:94 319.29 6-inch meter ~ 5 7. ~fi 709.55 8-inch meter 9~H4 972.97 9 1216.22 10-inch meter ~ A~ 1 4 . 1 X834 :96 1925.77 Commodity charge (all metered consumption-per 1,000 gallons) ~{i 1~L5 X29 ?~ e n 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 'on 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4• That this ordinance shall become effective on October 1, 2007. 2 ORD. N0.39-07 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. N0.39-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~ DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA ITEM # l U• L~ -REGULAR MEETING OF SEPTEMBER 18.2007 ORDINANCE NO.40-07 (AMENDING CHAPTER 53 "SANITARY SEWERS") ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 53 "Sanitary Sewers" of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for changes in residential and nonresidential/commercial rates for FY 2008. These new rates go into effect on October 1, 2007. BACKGROUND This ordinance proposes a 5% increase in capacity and commodity charges. At first reading on September 4, 2007, the Commission passed Ordinance No. 40-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 40-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ckdinance Agenda Memos\Ord 40-07 SEWER 09]807.doc ORDINANCE N0.40-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'on 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capacity charge (per residential dwelling unit): x-4.94 15.69 ~S:~r'~ 19.61 (b) Commodity charge (based on metered water with maximum of 12,000 gallons): 48~ ~ ~ ~ 39 (c) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) &9S Q;Q$ ~ x.23 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: 2 ORD. NO. 40-07 Nonresidential/Commercial Inside City Outside City (a) Capacity charge (per meter): 3/4-inch meter 1-inch meter 1-1/2 inch meter 2-inch meter 3-inch meter 4-inch meter 6-inch meter 8-inch meter 10-inch meter 15.69 26.17 52.13 83.45 18 .7 328.80 7 .7 12 . 9 1 8 .0 19. 1 2. 1 65.1? 104.32 228.41 411.00 913.42 15 .11 2481.29 (b) Commodity charge: City per 1,000 gallons) (c)South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) ~ ~ 8:98 0_9$ ~-~3 2.39 1.23 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available, the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. ORD. NO. 40-07 'on 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. e n That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2007. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2007. MAYOR ATTEST: City Clerk First Reading Second Reading 4 ORD. NO. 40-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE DATE: SEPTEMBER 14, 2007 SUBJECT: AGENDA ITEM # lo• ~ -REGULAR MEETING OF SEPTEMBER 18.2007 ORDINANCE N0.41-07 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 2.6%. These rates go into effect October 1, 2007. At first reading on September 4, 2007, the Commission passed Ordinance No. 41-07 FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 41-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 41-07 GARBAGE 091807.doc ORDINANCE NO. 41-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Mon Service Cost Per Unit Garba a Collection $~98 .06 Re clin 4~ 1.67 Yard Trash x:98 2.13 Total Fees -Contractor $6:64 $6.86 Cart Re lacement 9:98 0.90 Administrative Fee 9:~ 0.35 Franchise Fee 10° o A~ 0.69 Total Fees $S~ $8.80 Rear-door Owner Container Mon Service Cost Per Unit Garba Collection $9:4~ 9.72 Re clin x-63 1.67 Yard Trash ~A8 Total Fees -Contractor $~3~8 13.52 Administrative Fee 8~ 0.~ Franchise Fee 10% Total Fees $14$5 $15.22 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Mon Service Cost Per Unit Garba a/Trash Collection $~ 1.97 Re clin ~ :63 1.67 Yard Trash x:95 2.13 Total Fees -Contractor $§~r3 5.77 Administrative Fee A:35 0.35 Franchise Fee 10° o A~6 0~'' 88 Total Fees $6:54 56.70 ORD. N0.41-07 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third (3rd) and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Mon Service Mon Cost Per Unit Refuse Collection ~~ 2.31 Re clip A:~ 0.2 Total Per Unit Fee-Contractor ~~ .29 Administrative Fee A35 0.35 Fr chise Fe 1 ° o A~2 0.33 Total Monthl Fees Per Unit ASS $3.97 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. ORD. N0.41-07 (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Picku Fre uen er Week Container Size Container Picku Fre uen Per Week 1 2 3 4 5 6 7 ....................................................... 2 Yard ~~ ~4.4A 2 ~48:~4 1 ~~ 1 Collection 12.53 25.03 37.57 50.06 62.60 75.09 87.61 Dis osal 16.28 32.56 48.84 65.12 81.40 97.68 113.97 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees ~:$~ ~Fr.3H X94:$(3 ~ ~r~ @1 ~L1$:tCJ 48.21 76.99 10 .81 134.58 163.40 192.17 220.98 Fr 's Fee 10° 0 4:~3 X34 4$:43 4~-3-~ ~H:~B ~-9:93 ~S 4.82 7.70 10.58 13.46 16.34 19.22 22.10 Administrative Fee 0.35 0.35 0.35 0.35 35 0.35 0.35 Total Fees X3$3 § @ 1~T7 J:TV ~4Fr.43 X5-34 @'^~~.'- ~ ~4A:9~1 53.38 85.04 116.74 148.39 180.09 211.74 243.43 3 Yard x-8-39 9 X54:59 ~~ Qn~ ~ p' Collection 18.78 7.7 56.32 75.09 93.87 112.67 131.41 Dis osal 24.42 48.84 73.26 97.68 122.11 146.53 170.95 4 ORD. N0.41-07 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees (~ ~49~9~ @~ /~1~ ~' c'~ :47 64.64 108.03 151.02 194.21 7.42 280.64 323.80 Fran hi a Fee 10° o H:4~2 4A-74• 44:9 4~1:~3 2.338 2~8 ~5 6.46 10.80 15.10 19.42 23.74 28.06 32.38 Administrative Fee 0.35 ~ 0.35 D•~ 0.35 ~ 0.35 Total Fees ~A:93 ~-1-1.8:4'3 ~H4-9A ~'~ ~~8$~3 @2~/c j:7T @2~T 71.45 19.18 166.47 213.98 ~~ 309.05 356.53 4 Yard X24.49 ~4$~~1 ~~ 9 X21-49 ~1-4H-38 S Collection 25.03 50.06 75.09 100.14 12.16 150.19 175.22 Dis osal 32.56 65.12 97.68 130.25 162.81 195.37 227.93 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees c'~ Q1~TJV:T2 ~4-93:$8 :BEi ~3A~:$~ ~3H3:1}H ~" 79.80 137.39 194.98 252.60 310.18 367.77 425.36 Fr n 'se Fees 10° o a.~}2 4~ 49:34 ~~ 38:78 3Fr.48 42:94 7.98 1 .74 19.50 25.26 31.02 .78 42.54 Administrative Fee ~ 0.35 0.35 ~ ~ D•~ 0.35 Total Fees X87:44 X9:58 ~'~ ~~ AFi ~488:~~ ~4~r3-3H $$~ 151.48 214.83 278.21 341.55 44424 4S$ 2~ 6 Yard g ~'~ ~A4:S1 ~~4Er.38 @~ 22'437 @7 Collection 37.75 75.09 112.67 150.19 187.75 225.30 262.84 Dis osal 48.84 97.68 146.53 195.37 244.21 293.05 341.90 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees ~o ~4-4E~:48 '~ 8 3 '~` ~H23:6.1- ORD. N0.41-07 112.12 198.30 284.73 371.09 457.49 543.88 .27 Franchise Fee 10% ~-2 49:4 28: ~9 3~3 45:2 ~2 H2-3H 11.21 19.83 28.47 37.11 45.75 54.39 63.03 Administrative Fee 0.35 0.35 0.35 0.35 ~ 0.35 0.35 Total Fees arm ~H:39 ~ X49436 ~A~T7 T.SJ ~c~34 ~i8(~ ~$ 218.48 l~,5~ 408.55 503.59 598.62 ~~ 8 Yard ~48~9 X69 X46:38 ~~ °~~S ~' ~ Collection 50.06 100.14 150.19 200.26 250.32 300.39 350.45 Dis osal 65.12 130.25 195.37 260.49 325.62 390.74 455.86 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees 8A X254:94 X368:$4 ~4S2Tf X96:69 ~ 2 1 2.27 257.48 372.6 487.84 603.03 718.22 8 .40 F 'se Fee 10° o #4A 2§:49 368 488 ~~ X1:86 82:4§ 14.23 25.75 7.27 48.78 0~. Q 71.82 83.34 Administrative Fee 0.35 0~5 0.~5 ~ 0.35 0.35 Q35 Total Fees ~~ ~2SA:78 7 ecc~ X656:-~ @' am 1 ~ ~~$ 4~Q~1 ~~2Z f~4~r$ ~2 93Z~2 Commercial Front-Load Compacting Containers Pickups Per Week 1 2 3 4 2 Yard Collection ~-9:93 19.52 Dis oral 61.08 Total Contractor Fee $59:~-~ ORD. N0.41-07 80.60 Fr chise Fe 10° o $$~ 8.06 Administrative Fee 0.35 Total Fee ~ 89.01 3 Yard Collection ~:9~1 8. 7 Dis osal 183.19 Total Contractor Fee @' 241.76 r his Fe 10% 24:93 24.18 Administrative Fee 0.35 Total Fee ~2H4~ 266.29 5 Yard Collection g @~4 48.82 146.45 Dis osal 152.62 457.91 Total Contractor Fees ~2AA:29 ~AB:(r5 201.44 G04.3G Fr hi F ° 0 2&92 69:A-'~ 20.14 > Administrative Fee 0.35 0.35 Total Fees ~a~ -9~ 22 1.93 665.15 ORD. N0.41-07 6 Yard Collection 732.64 Total Contractor Fees I I I I 96~~A Administrative Fee Total Fee Commercial/Mufti-Family Rolloff Containers: Open-top rolloff container $5104.80 per pickup plus disposal cost Compactors $~91-~5 104.80 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recycling containers and construction/demolition debris. Commercia195-Gallon Cart Service Pickups Per Week 1 2 3 4 5 6 Collection ~?98 ~$ $8:96 X1.1-94 @' "~.~"r 3 .06 ~.1 9.~ 12.25 15.33 18.09 ORD. N0.41-07 Dis osal 8.14 16.28 24.42 32.56 40.70 48.84 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees ~-3:1~ Q~ X35:38 ~ 4 $H8:47 13.20 24.42 35.1 46.81 58.03 68.93 F nc F 10% 43} ~ 334 4:~ §:~ 1.32 2.44 3.5G ~68 5.80 6.89 Administrative Fee ~ ~ ~ 0.35 ~ 0.35 Total Fees ~~ ~H:H9 $35:42 ~~ $H3:49 ~' 14.87 27.21 ~~ X1.84 ~~ 76.17 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 29A(~ 2007. Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Gut of a total of one hundred four (104) containers, eighty-four (84) do not have property control numbers and, therefore, the City is not charged for disposal costs by the Solid Waste Authority. Waste Management, by contract, does not charge the City for collection costs but should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste Management for these disposal costs, it should be the responsibility of the City to reimburse them. The City will be billed seven thousand three hundred ninety dollars and sixty-six cents ($7,390.66) annually which will be computed as follows: Eighty-four (84) thirty-gallon containers picked up six (6) times per week Twenty-eight dollars ($28.00) per ton disposal rate charge by SWA =One dollar eighty- eight cents ($1.88) per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers x .15 cubic yards x six (6) pick ups per week xfifty-two (52) weeks x one dollar eighty-eight cents ($1.88) =seven thousand three hundred ninety dollars and sixty-six cents ($7,390.66) Waste Management will be picking up trash at the newly installed bus shelters. The City will be billed $31,000. 9 ORD. N0.41-07 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3• That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Sg~ion 4. That this ordinance shall become effective on October 1, 2007. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2007 ATTEST: MAYOR City Clerk First Reading Second Reading 10 ORD. N0.41-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", and Section 4.6.9, "Off-Street Parking Regulations", to permit the use of parking lifts. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 34-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 34-07 on second and final reading. S:\City Ckek\AGENDA COVER MEMOS\Otidmattce Agenda Memos\Ord 34.07 Puking lifts -Centel Bus District 2nd Reading 09.18.07.doc ORDINANCE NO. 34-07 (SECOND READING/SECOND PUBLIC HEARING MEMORANDUM TO: MA R A D CITY COMMISSIONERS FROM: _ COTT ARONSO ,PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER ~~. ~~~~^~ DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # 1O._._J -REGULAR MEETING SEPTEMBER 4. 2007 APPROVAL OF ORDINANCE 34-07 ALLOWING THE USE OF MECHANICAL PARKING LIFTS TO MEET REQUIRED PARKING FOR IN-FILL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of an amendment to Land Development Regulations (LDR) Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) allowing the use of mechanical parking lifts as a means of providing required parking for in-fill development in the Central Business District (CBD) as outlined in Ordinance 34-07. BACKGROUND A long standing challenge to facilitating in-fill development in the CBD has been the provision of sufficient parking. Due to the small size of existing in-fill lots development potential is quite limited by current parking requirements. In an effort to resolve this issue, a privately initiated petition to amend the LDR to allow the use of mechanical parking lifts has been submitted. The proposed amendment allows the use of lifts when they are contained in a structure for the uses they serve and have at least three walls and a roof. The attached Planning & Zoning staff report describes, in detail, additional regulations under which these lifts may be used. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment to meet these criteria in accordance with Policy C.4-1 of the Future Land Use Element in that it encourages the revitalization of the CBD by addressing, among other things, incentives for mixed-use development, rehabilitation of the district and accommodating parking needs through innovative actions. There was no public comment in response to this matter at the public hearing held at the Planning & Zoning Board meeting of August 20, 2007 REVIEW BY OTHERS The Community Redevelopment Agency, West Atlantic Redevelopment Coalition, Pineapple Grove Main Street Board and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board and Downtown Development Authority, at their respective meetings, both recommended approval in a 6 -1 vote (David Cook dissenting). RECOMMENDATION By motion, approve on first reading Ordnance 34-07 amending Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) allowing the use of mechanical parking lifts to provide required parking for in-fill development in the CBD by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M)(5) of the Land Development Regulations. Attachments: Planning & Zoning Staff Report dated August 20, 2007, and Ordinance 34-07 ORDINANCE N0.34-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AND AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Dekay Beach; and WHEREAS, the City Commission of the City of Delray Beach is mindful of the critical need to provide adequate parking to support the CBD and aware of significant advances in the design, construction and operation of single level mechanical parking lifts which have the effect of doubling the number of parking spaces within the same area of floor space used for parking. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.13 "Central Business (CBD) District", Subsection 4.4.13(C) "Accessory Uses And Structures Permitted" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Pazking lots. (2) Refuse and service azeas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same pazcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a non- residential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. (71 Single level mechanical pazking lifts for in-fill development projects, pursuant to the requirements of Sections 4.6.9(_D).ll l) and 4.6.9(,Fl(4~ S~g&, •on 2. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards", Subsection 4.6.9(D)(1) "General Design Concepts" of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: (1) General Design Concepts: The following concepts shall be applied in the layout and design of parking lots: (a) Parking spaces should be located and arranged in such a manner as to facilitate pedestrian access to the uses they are intended to serve. In general, parking spaces should be distributed proportionately to needs. ORD. N0.34-07 (b) Employee parking should be located in the area least desirable for customer or short-term parking. (c) Compact car parking, where allowed, should be integrated throughout a parking lot in such a manner that compact and standard cars have equal access to desirable parking spaces. (d) Handicapped spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction and shall be located as close as is practical to the entrances of the buildings they are intended to serve. To the greatest extent possible, they shall be oriented so that a user does not have to go past the rear of other parking spaces or cross an aisle in order to reach the building s main entrance. (g) S' , e level mechanical parking lifts ("Lifts"), if utilized. shall be irate ,fixated into an existing; or proposed building; for the uses they serve and enclosed with three walls and a roof. A maximum of 50% of the required parking within anon-residential or the non-residential portion of a multi-use development may utilize Lifts. Section 3. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(D)(11) "Mechanical Parking Lifts" to read as follows: j,~ Mechanical Parlang Lifts: (a) Single level mechanical parking lifts"Lifts, shall be integrated into a structure for the uses theme serve, constructed with at least three walls and a roof, in accordance with Section 4.6.18(~(14),(vi)(3~ 1. to_provide adequate screening and containment of sound from operation of the lifts for the benefit of adiacent land uses. (b) Lifts may be utilized to provide up to but not more than fifty (50%Zpercent of the required non-residential parking for commercial or mixed-use developments. (c) Lifts and the spaces below them must be operated by an attendant durin hours of operation Upon closing, the parking attendant shall remove all vehicles from atg~ and beneath the Lifts and mark them in an area where the customer may retrieve their vehicle. At no tme_ chal the eeneral public be permitted to operate e Li 3 ORD. N0.34-07 (d) On-site staling sy~aces must be provided for the maneuvering of vehicles to facilitate the p eking and retrieval of vehicles. At no time shall vehicles be stags i within the aiijacent public right-of--way. A minimum of two (~?,Lgine spaces shall be provided for the first twentyT) Lifts or less. One (1) additional staginQ~ace shall be provided for every twenty (201 additional Lifts or part thereof. (e) Lifts must be manufactured with a full bottom panel to contain fluids which maX be emitted from vehicles while parked (off, condensation from air conditioners, etc.) No wheel or chassis lift mechanisms historically used at service stations are permitted. (f) The balance of the required non-residential spaces shall be provided as "self-l~~ spaces. (g) For each lift provide a minimum of 75 sq. ft. of landscaped area over and above the minimum required by code must be provided and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50~ shall be exempt from the requirement of this additional landscape / Qpen space• (h) The Lifts shall be reg~ly and routinely maintained to ensure safety and dependability of operation and miiurnization of operational noise levels. Maximum sound levels shall not exceed applicable thresholds as stipulated in Chapter 99 of the City Code of Ordinances. Section 4. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(F~ "Special Provisions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(F~(4) "Mechanical Parking Lifts" to read as follows: (4) Mechanical Parking Lifts: (a) Any mechanical lift parking utilized to meet parking requirements set forth in sP~*+ons 4.4.13 and 4.6.9 shall be governed by an agreement with the City (in such form as may be approved by the Cry Attorney,, and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land. binding upon the owners. heirs, administrators. successors. and assigns. The agreement may be released ley the Ci Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking req~jrements for said use. Section 5. That should any section or provision of this ordinance or any portion thereof, any ORD. N0.34-07 paralraph, sentence, or word declared by a court of competent jurisdiction to be imralid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts or ordinances in conflict herewith be, and the same hereby are, repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2007. MAYOR A1'TFS'I': City Clerk First Reading Second Reading ORD. N0.34-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA ITEM: V. D. ITEM: AMENDMENT TO SECTIONS 4.4.13(C), 4.6.9(D) AND 4.6.9(F) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR) TO ALLOW THE USE OF MECHANICAL PARKING LIFTS TO PROVIDE REQUIRED PARKING FOR IN-FILL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT (CBD) ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to LDR Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F), to allow the use of mechanical parking lifts to provide required parking for in-fill development in the Central Business District (CBD), pursuant to LDR Section 2.4.5(M)(5). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS A long standing challenge to facilitating in-fill development in the Central Business District (CBD) has been the provision of sufficient parking. In an effort to resolve this issue, a privately initiated petition to amend the LDR to allow the use of mechanical parking lifts has been submitted. The proposed amendment allows the use of lifts when they are contained in a structure with at least three walls and a roof. The following synopsis describes additional regulations under which these lifts may be used: o Lifts may be used for non-residential or the commercial component of mixed-use in-fill developments; o Lifts must be incorporated into buildings for the uses they serve, which are constructed with a minimum of three (3) walls and a roof to provide adequate screening in accordance with Section 4.6.18(B)(14)(vi)(3) and contain any noise associated with their utilization to mitigate negative impacts to adjacent land uses; o Only Single level lifts may be used. No lifts exceeding 1 (one) vehicle above ground are permitted; o Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.). No wheel runner or chassis lift mechanisms (historically used at service stations) are permitted; o Use of lifts for up to 50% of the required parking for the non-residential component of a mixed-use development or up to 50% of a commercial development is permitted. Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Parking Lifts o Lifts may not be used for the parking or storage of vehicles associated with the required parking for any residential component including guest parking; o Lifts, and the spaces beneath them, must be operated by parking attendants only. A parking attendant must be on duty to operate the lifts at all times during the hours of operation of the commercial use. In mixed-use developments lifts must be made inaccessible upon closing of the non-residential component and dismissal of the parking attendant; o For each lift provided, a minimum of 75 sq. ft. of landscaped area, over and above the minimum required by code, must be provided; and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50') shall be exempt from this additional landscape /open space requirement; o An on site staging area must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. A minimum of two (2) parking spaces, dedicated solely to staging, must be provided for the first 20 lifts, or portion thereof. One (1) staging space for each additional 20 lifts, or portion thereof, must also be provided; o The remaining spaces must be made available for self parking of vehicles for patrons not wanting to valet their vehicles. These spaces may not be located above or beneath the mechanical parking lifts; o Upon closing, the parking attendant shall remove all vehicles from atop and beneath all lifts and park them in an area where customers may retrieve their vehicles; o Regular maintenance of the lifts shall be conducted to ensure dependability of the mechanisms and control noise emissions which, at all times, must comply with Chapter 99 of the City Code of Ordinances which regulates noise; and o Properties using mechanical parking lifts must enter into an agreement with the City constituting a covenant running with the land binding owners, heirs, successors, administrators and assigns to comply with the requirements of this ordinance. Staff has been working with the applicant to create this -text amendment and supports the proposed amendment to allow the use of mechanical parking lifts to meet a percentage of required parking for non-residential, and the commercial component of mixed-use in-fill developments in the CBD. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. Policy C-4.1 of the Comprehensive Plan speaks of facilitating and encouraging revitalization of the CBD by addressing, among other things, incentives for mixed-use development and rehabilitation of the district and accommodating parking needs through innovative actions. The use of mechanical parking lifts a-lows two (2) vehicles to be parked within the same footprint. Compacting the parking through the use of these lifts will enable the rehabilitation of smaller, substandard lots, within the core area of the CBD where limited parking is available for existing buildings or the limited size of in-fill lots is prohibitive. Therefore, the 3 Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Parking Lifts adoption of this text amendment will further the policies, goals and objectives of the Comprehensive Plan. REVIEW BY OTHERS Parking Management Advisory Board (PMAB): At its meeting of August 13, 2007, the Board in a 6 to 1 vote (Cook dissenting) recommended approval of the proposed ordinance as presented by Staff. Community Redevelopment Agency (CRA): At its meeting of August 15, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. Downtown Development Authority (DDA): At its meeting of August 13, 2007, the Board in a 6 to 1 vote (Cook dissenting) recommended approval of the proposed ordinance as presented by Staff. West Atlantic Redevelopment Coalition (WARC): At its meeting of August 8, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. Pineapple Grove Main Street Board: At its meeting of August 1, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. RECOMMENDED ACTION By motion, recommend approval of the proposed ordinance modifying LDR Sections 4.4.13(C}, 4.6.9(D) and 4.6.9(F) to allow the use of mechanical parking lifts to provide the required parking by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 4 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(G)(1), "Central Business District (CBD)", to modify parking requirements for hotels and motels in the original Downtown Development Area in the Central Business District. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 35-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 35-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Otdinattce Agenda Memos\~d 35-07 Modifying Packing Regulations -Centel Bus Dist ?rd Reading 09.1g.07.doc ORDINANCE NO 35-07 (SECOND READING/SECOND PUBLIC HEARING) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER~~~/~ /l,, DATE: AUGUST 29, 2007 ~ _/ SUBJECT: AGENDA ITEM # I O• ~ -REGULAR MEETING SEPTEMBER 4. 2007 APPROVAL OF ORDINANCE 35-07 MODIFYING PARKING REGULATIONS FOR HOTELS AND MOTELS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA (DDA) IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of an amendment to Land Development Regulations (LDR) Sections 4.4.13(G)(1)(a), modifying the parking requirements for hotels and motels in the original DDA area of the CBD to decrease the parking requirements for hotel and motel rooms from 1 space per 300 sq. ft. to 0.7 spaces per room. BACKGROUND Currently, LDR Section 4.4.13(G)(1)(a) states "within that portion of the CBD bounded by Swinton Avenue on the west, NE 1St Street on the north, the Intracoastal Waterway on the east and SE 1St Street on the south (the original DDA area), the parking requirements for all non- residential uses, except restaurants shall be 1 space per 300 sq. ft. or fraction thereof." Applying a parking requirement of 1 space per 300 sq. ft. of floor area for rooms in hotels and motels results in the provision of excessive parking, given that the number of vehicles used to transport guests is usually 1 (one) vehicle per family or room, regardless of the square footage of a guest room. The proposed ordinance reduces the number of spaces required for the hotel or motel rooms to 0.7 spaces per room while maintaining the 1 space per 300 sq. ft. for hotel ancillary uses such as meeting rooms, ballrooms, and shops. It is noted that the 0.7 spaces per room for hotels and motels is consistent with parking requirements for this use throughout the rest of the City and the 6 spaces per 1,000 sq. ft. for associated restaurants, lounges and bars would still apply. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment meets these criteria in accordance with Policy C.4-2 of the Future Land Use Element as it supports the Downtown Master Plan which encourages the revitalization of the CBD by promoting the proper economic development and cautions against the provision of excess parking. There was no public comment at the public hearing held by the Planning & Zoning Board meeting of August 20, 2007. City Commission Staff Report, September 4, 2007 LDR Amendment -Hotel and Motel Parking in the CBD REVIEW BY OTHERS The Parking Management Advisory Board, Pineapple Grove Main Street Board, Downtown Development Authority, Community Redevelopment Agency and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. RECOMMENDATION By motion, approve on first reading Ordinance 35-07 amending LDR Section 4.4.13(G)(1)(a) modifying the parking requirements for hotels and motels in the original DDA area of the CBD to 0.7 parking spaces per room and 1 space per 300 sq. ft. of total floor area for meeting rooms, shops, spas, and 6 spaces per 1,000 sq. ft. for restaurants, lounges, and bars by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: ^ Location Map ^ Planning & Zoning Staff Report ,August 20, 2007 ^ Proposed Ordinance 35-07 2 N. sm sT. o~' ~D z ~ N. sTN sT. ~ y W _ _ $i l~LL1LL1LJ-~ j N.E. 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AREA u - - - - - - - - - - - -- D/C/TAL QASE MAP SYSTEM -- MAP REF: LMAt86 ORDINANCE NO. 35-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION G, "SUPPLEMENTAL DISTRICT REGULATIONS," SUBSECTION (G)(1), "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS WITHIN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the Ciry of Delray Beach adopted the findings in the Planning and Zoning Staff Report; and, WHEREAS, the Ciry Commission of the city of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: n 1. That the recitations set forth above are incorporated herein. n 2. That Section 4.4.13, "Central Business District", Subsection 4.4.13(G) "Supplemental District Regulations, Subsection 4.4.13(G)(1) "Central Core and Beach Area Supplemental Regulations", of the Land Development Regulations of the Code of Ordinances of the Ciry of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1) Central Core and Beach Area SuAtilemental Re lions (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, shall be one space for each 300 square feet or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on-site or off- site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south is established a~0.7_of a space for each ,guest room plus one (~~ spice per 300 sc~ ft. of floor area devoted to ballrooms, mee ' rooms. and shops and six (61 spaces per 1.000 scl. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (ef~ The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: • Efficien dwe ' unit 1.0 space/unit • One bedroom dwellin unit 1.25 spaces/unit • Two or more bedroom dwe ' unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parkin@ SFaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of .2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA ITEM: V. E. ITEM: RECOMMEND APPROVAL OF A COMMUNITY REDEVELOPMENT AGENCY (CRA) INITIATED TEXT AMENDMENT MODIFYING PARKING REGULATIONS FOR HOTELS AND MOTELS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA (DDA) IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commission regarding a text amendment to Land Development Regulations (LDR) Section 4.4.13(G)(1)(a), modifying the parking requirements for hotels and motels in the original DDA area of the CBD to decrease the parking requirements for hotel and motel rooms from 1 space per 300 sq. ft. to 0.7 spaces per room, pursuant to LDR Section 2.4.5(M)(5). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Currently, LDR Section 4.4.13(G)(1)(a) states "within that portion of the CBD bounded by Swinton Avenue on the west, NE 1St Street on the north, the Intracoastal Waterway on the east and SE 1St Street on the south (the original DDA area), the parking requirements for all non- residential uses, except restaurants shall be 1 space per 300 sq. ft. or fraction thereof." Applying a parking requirement of 1 space per 300 sq. ft. of floor area for rooms in hotels and motels results in the provision of excessive parking, given that the number of vehicles used to transport guests is usually 1 (one) vehicle per family or room, regardless of the square footage of a guest room. The proposed ordinance reduces the number of spaces required for the hotel or motel rooms to 0.7 spaces per room while maintaining the 1 space per 300 sq. ft. for hotel ancillary uses such as meeting rooms, ballrooms, and shops. It is noted that the 6 spaces per 1,000 sq. ft. for restaurants, lounges and bars would still apply. Ordinance 53-01, adopted on October 16, 2001, established the parking requirement for hotels and motels in the West Atlantic Overlay District at 0.7 spaces for each guest room plus 1 space per 300 sq. ft. feet of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. Prior to the adoption this ordinance, the parking requirement in the West Atlantic Overlay District was also 1 space per 300 sq. ft. of total floor area for all uses except restaurants which was 6 (six) spaces per 1,000 sq. ft. of total floor area. The West Atlantic Overlay District, formally zoned General Commercial, has since been incorporated into the CBD. Approval of the proposed ordinance would create consistency in the two areas. Within all other geographic areas of the Central Core and Beach Area, within the CBD Zone District, the parking requirement for hotels and motels is 0.7 spaces per guest room plus 10 Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Hotel and Motel Parking in the CBD spaces per 1,000 sq. ft. of floor area devoted to ballrooms, meeting rooms and shops and (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges. This reduced parking requirement for these ancillary uses within the hotels in the original DDA area are consistent with parking requirements for all non-residential uses in the area and are justified given the close proximity of public parking. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The review of the Goals, Objectives, and Policies of the Comprehensive Plan was conducted and the following applicable Objective and Policy are noted. Future Land Use Element Objective C-4 The Central Business District (CBD) represents the essence of what is Delray Beach i. e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of 'A City Set Apart In South Florida ". The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-7-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The analysis of the Central Core area in the Downtown Delray Beach Master Plan includes an extensive discussion concerning the issue of parking. The analysis warns against the provision of excessive parking as it is an inefficient use of land, negatively impacts the fabric of the downtown area and adds unnecessary costs to development. The analysis even suggests a maximum parking requirement to discourage over supply. Within the one block area north and south of Atlantic Avenue, the parking requirements are excessive when applied to hotels and motels and hinder their development in the downtown, where they are desired. The proposed LDR amendment will establish specific parking requirements for hotels and motels in the original DDA area of the CBD in a manner to encourage these uses. Based upon the above, the proposed LDR amendment is consistent with and furthers the Goals, Objectives, and Policies of the adopted Comprehensive Plan. REVIEW BY QTHERS' Parking Management Advisory Board (PMAB): At its meeting of August 13, 2007, the Board unanimously recommended approval of the proposed ordinance as recommended by Staff. Community Redevelopment Agency (CRA): At its meeting of August 15, 2007, the Board unanimously recommended approval of the proposed ordnance as recommended by Staff. 2 Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Hotel and Motel Parking in the CBD Downtown Development Authority (DDA): At its meeting of August 13, 2007, the Board unanimously recommended approval of the proposed ordnance as recommended by Staff. Pineapple Grove Main Street Board: At its meeting of August 1, 2007, the Board, unanimously recommended approval of the proposed parking requirement in the original DDA area of the CBD ~ RECOMMENDED ACTION ~ By motion, recommend approval of the proposed ordinance modifying the parking requirements for hotels and motels in the original DDA area of the CBD to 0.7 parking spaces per room and 1 space per 300 sq. ft. of total floor area for meeting rooms, shops, spas, and 6 spaces per 1,000 sq. ft. for restaurants, lounges, and bars by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance -07 3 TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to adopt a City initiated amendment to the Land Development Regulations (I.DR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 36-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 36-07 on second and final reading. S:\City Ckrk\AGENDA COVER MEMOS\Ord'uran« A~mda Maus\Ocd 36-07 2nd Reading 09.1&07.doc ORDINANCE NO.36-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGEd,~~ DATE: AUGUST 28, 2007 ~~""~~~~-- SUBJECT: AGENDA ITEM # ~ 1.~.~ - REGULAR MEETING -SEPTEMBER 4, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.2.3. "THE SITE PLAN REVIEW AND APPEARANCE BOARD" AND SECTION 2.2.4 "THE BOARD OF ADJUSTMENT", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL: AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE "BEACH PROPERTY OWNERS DESIGN MANUAL" FOR NORTH BEACH AND SEAGATE NEIGHBORHOODS. ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to the Land Development Regulations (LDRs) Sections 2.2.3 (d), 2.2.4 (d), 2.4.8, 4.4.3 (a), (e), (f), and (g), and 4.5.13. These sections deal with the review process for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, authorities granted to the reviewing body (currently Urban Design Studio) and specific Boards to which authority is given to review applications for appeals to design guidelines or other regulations in the Beach Property Owners Design Manual. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The current language in LDR Section 2.2.3 (d) and 2.2.4 (d) does not give the Site Plan Review and Appearance Board (SPRAB) nor the Board of Adjustment (BOA} the authority to hear appeals to Section II and Section I respectively, as stated in the Beach Overlay Design Guidelines Manual. This LDR text amendment shall add language to the LDRs to make both documents consistent and fully enforceable. City Commission Documentation, Meeting of September 4, 2007 City-Initiated Amendment to the LDRs Amending Beach Overlay District Review Process Language in LDR Section 2.4.8 will be modified to specify the deadline for submittals of project applications in the North Beach/Seagate and Ocean Neighborhood Overlay Districts and clarify the application processing time needed to allow for full review and approval (30 days). Language in LDR Section 4.4.3 (F) is being added to give the authority to apply restrictions above and beyond the minimum requirements of LDR Section 4.3.4 (K) development standards, which include but not limited to visual compatibility standards, limitations on height, width, mass, scale, materials, colors, style, form and square footage as referenced in the Beach Property Owners Design Manual. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on August 20, 2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 36-07, amending Land Development Regulations (LDRs) Section 2.2.3, the "Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, The "Board Of Adjustment", Subsection (D), "Duties, Powers And Responsibilities", to provide for a method for appeals; Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the Beach Property Owners Design Manual; Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose And Intent", (E), "Review And Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", And Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Ordinance No. 36-07 ^ Planning and Zoning Staff Report of August 20, 2007 2 ORDINANCE N0.36-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F~, "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission desires and intends for the City's contractor, currently Urban Design Studio, to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance and in the North Beach/Seagate and Ocean Neighborhood Overlay District Design Manual (Beach Property Owners Design Manual) pertaining to visual compatibility standards including but not limited to: height, width, scale, mass, colors, materials, style, form and square footage; and WHEREAS, the City Commission desires and intends that the limitations provided in the zoning district regulations shall serve as a maximum upper limit and these Design Guidelines provided in the Beach Property Owners Design Manual and codified in this ordinance shall provide additional limitations that may be considered and applied to properties within the North Beach and Seagate Neighborhood Overlay District as defined in Section 4.5.13 of the LDRs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers, And Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: ~ ~ Certain site and development plans, as provided in this Code ~ ~ Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C)(1)(g) ~ j~l. Granting of relief to Section 4.6.16 through the waiver process ~ ~ Preliminary and final landscape plans ~ ~ Master Sign Programs ~ ~, Signage as allowed by Section 4.6.7 ~ ~ Appeal of administrative interpretations made in application of the sign code and the landscaping code ~ ~ Architectural elevations ~ j~, Streetscape and landscape features (e.g. walls, fences, lighting, dumpster enclosures, etc.) (2) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. (31 The Board has the authority to hear atipeals to and "Design Guidelines" in Section II of the Beach Proper Owners Design Manual for the North Beach & Sea tga a Neighborhoods as set 2 ORD. N0.36-07 forth in Section 4.5.13. ' n 2. That Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 2.2.4 The Board of Adjustment: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed form and may make such order, requirements, decision, or determination as sought to be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. (3) The Board hereby has the authority to grant variances and hear antieals from the provisions of: (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) Fire Prevention codes, Chapter 96 of the City Code, per Section 96.06. ~g) "District Regulations and Incentives" in Section I of the Beach Proper Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. tion That Section 2.4.8, "Processing Schedules", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 3 ORD. N0.36-07 Section 2.4.8 Processing Schedules This Section sets forth basic requirements for insuring the timely and due process for review and action on development applications and other matters set forth in these regulations. (A) General Requirements: The following items pertain to the processing of any development application or other item which requires an action under these regulations. (1) Timely Submission Required: A failure of an applicant to file an application or formal request for action prior to a deadline date, established herein, shall be cause for the item to be considered in the subsequent round of processing or meeting of a Board and approval body. (2) Full Submission Required: A failure of an applicant to file a complete development application shall be cause for deferring its consideration to the subsequent round of processing. (3) Prerequisite Actions. When an action of one Board, or approval body, is dependent upon the action of another Board, it is necessary that the dependent action not be taken until the prerequisite action is completed. Examples of prerequisite actions include: ~ ~, Granting of a variance prior to site plan approval ~ j~ Obtaining a certificate of appropriateness prior to approval of a site plan ~ j~ Obtaining administrative relief prior to site plan approval ~Id), Approval of a rezoning prior to action on a conditional use or site P~ (B) Internal Review Procedures: The following provides a minimum requirement for the administrative review of a development application. More detailed procedures shall be promulgated in written form by the Director of Planning. {a~ j~. Each development application shall be formally receipted within one week of its submission. At that time, a determination shall be made that it is accepted for processing, tentatively accepted, or rejected. An application which is tentatively accepted shall have listed items which must be provided for full acceptance and a date by which such information must be provided. 4 ORD. N0.36-07 {~} ,(~ An accepted or tentatively accepted application shall be distributed to appropriate administrative units within the City for review and comment. Reviews include: ~ l~. Engineering ~ ~ Code Enforcement ~ ~ Public Utilities ~ j,~, Planning ~ Igl Fire ~ Ifs, Horticulturist ~ jg~ Building ~ ~ Police {ej ~3,~ Public hearing notice shall be made. Also, a description of the application shall be provided to external agencies, as appropriate, for review and comment. {~} ~4). Review comments on applications for rezonings, conditional uses, site plans, and plats shall be provided in writing, consolidated by the Planning Division, and transmitted to the project agent. {ej ~5 . A written report shall be presented to the review and approval bodies in which an assessment of the application is made and a recommendation is provided. T'he recommendation shall address findings which are required prior to action. (C) Deadlines for Submittals: The following deadlines for the receipt of a development application shall be observed. Late submittals may be accepted only through special exceptions granted by the Director. (1) Items which require Planning and Zoning Board review are to be submitted on the first Friday of a month in order to be considered at the Boar's regular meeting of the subsequent month (normally the third Monday). (2) Items which require Site Plan Review and Appearance Board review are to be submitted prior to a regular meeting date as follows: (a) Site Plans: five weeks (b) Architectural Elevations: one week (c) Final Landscape Plans: five weeks (d) PreWninary Landscape Plan: one week 5 ORD. N0.3G-07 (e) Master Sign Programs: two weeks (3) Items which require Board of Adjustment consideration are to be submitted prior to a regular meeting date as follows: (a) Items Which Require Public Notice: four weeks (b) Other Items: two weeks (4) Items which require Historic Preservation Board consideration are to be submitted prior to a regular meeting date as follows: (a) Variances: four weeks (b) Certificate of Appropriateness: two weeks (c) Other Items: two weeks unless when acting in-lieu of the Site Plan Review and Appearance Board in which case the standards for that Board apply. (5) Development applications which must be acted upon by the City Commission shall be forwarded from the recommending Board to the Commission so as to be considered at the Commission meting subsequent to the Board action, provided however, that the Board's action occurs prior to the establishment of the agenda for that city Commission meeting. When an application is conditioned upon certain items being completed prior to consideration by the City Commissions, documentation that such items are completed prior to the establishment of the agenda for that City Commission must be provided. (6) Other items which are to go before Land Development Boards shall be submitted in sufficient time to provide for appropriate notice and to be included on the published and posted agenda for the Board's meeting. ('n Items which are required to be in compliance with the Beach Pro~rtX Owners Design Manual are to be submitted for review in sufficient time to allow np to (301 days for issuance of a letter of compliance with the Beach Proper Owners Design Manual. Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F~, "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, shall be amended to read as follows: Section 4.4.3 Single Family Residential (R-1) Districts: G ORD. N0.36-07 (A) Purpose and Intent: The Single Family Residential Districts have been created in order to provide areas where the traditional single family detached residence can be established and maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further, the Single Family Residential Districts are established in compliance with provisions of Goal Area "A" of the Comprehensive Plan which calls for the preservation and maintenance of stable neighborhoods. The following Single Family Residential Districts are regulated by this Section: ~~ R-1-AAA ~ j~ R-1-ARAB ~ ~ R-1-AA ~ ~ R-1-AAB ~ ~ R-1-A ~ ~ R-1-AB (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.SQ) or (I~, as applicable. (4) Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach ProP~ Owners Design Manual. pursuant to the site plan processing schedule provisions of Section 2.4.8. (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (l) In addition to the provisions of Section 4.3.4(I~, properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Proper Owners Design Manual for the North Beach and Seagate Neighborhoods: ' c~ ludine but not limited to visual compatibility standards relating to limitations on height. width mass, scale, materials, color,~le, fo ~, and sauare footage. 7 ORD. N0.36-07 (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(I~, properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Pro~e_~ Design Manual for the North Beach and Seagate Neighborhoods: including but not limited to visual com atin •bilit~standards relating to limitations on height. width, mass, scale, materials. color. style. form. and square footage Section 5. That Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 4.5.13 North Beach/Seagate and Ocean Neighborhood Overlay Districts: (A) General: With the adoption of the City's Comprehensive Plan Amendment 99-1, Housing Element Policy A-12.4 was modified to state the City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. In accordance with this policy, a the Beach Property Owners Design Manual was prepared for the single family zoned properties east of the Intracoastal Waterway, and was adopted by the City Commission on January 4, 2005. This section is created to adopt and implement the provision of the North Beach and Seagate Neighborhoods Design Manual. All development within the North Beach/Seagate and Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the provisions of the manual adopted herein and shall follow the standards for visual compatibility provided within the euidelines including regulations limiting heigl~, width, mass, scale, materials, color,~le, form and square footage. The Beach Proper Owners Design, Manual is included as an exhibit hereto. S,gction 6. 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. Ilion 7• That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 8 ORD. N0.36-07 Sectio.~ That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading, 9 ORD. N0.3b-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA NO: V. F. AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.2.3, THE "SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, THE "BOARD OF ADJUSTMENT", SUBSECTION (DJ, "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS BY URBAN DESIGN STUDIO; SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS" TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE "BEACH PROPERTY OWNERS DESIGN MANUAL" FOR NORTH BEACH AND SEAGATE NEIGHBORHOODS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations (LDRs) Sections 2.2.3 (d), 2.2.4 (d), 2.4.8, 4.4.3 (a), (e), (f), and (g), and 4.5.13. These sections deal with the review process for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, authorities granted to the reviewing body (Urban Design Studio) and specific Boards to which authority is given to review applications for appeals to design guidelines or other regulations in the Beach Property Owners Design Manual. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND ANALYSIS The current language in LDR Section 2.2.3 (d) does not give the Site Plan Review and Appearance Board (SPRAB) the authority to hear appeals of the design guidelines in Section II of the Beach Property Owners Design Manual as currently stated in the Beach Overlay Design Guidelines Manual. This LDR text amendment shall add language to make both documents consistent and fully enforceable. Language in LDR Section 2.2.4 (d) is modified to give the Board of Adjustments (BOA) the authority to hear appeals to the District Regulations and Incentives in Section I of the Beach Property Owners Design Manual. This LDR text amendment shall supplement current language within the Beach Property Owners Manual to make both documents consistent and fully enforceable. Planning and Zoning Board Memorandum Staff Report -August 20, 2007 LDR Text Amendments for the Beach Overlav District Likewise, this LDR text amendment gives the Board of Adjustments (BOA) the authority to review appeals to any existing or future design guidelines for overlay districts, including those which are currently in the planning process, with the exception of the Historic Preservation Design Guidelines which are appealable to the Historic Preservation Board. Language in LDR Section 2.4.8 will be modified to specify the deadline for submittals of project applications associated with development proposals in the North Beach/Seagate and Ocean Neighborhood Overlay Districts. This LDR text amendment shall clarify the application processing time needed to allow for full review and approval by Urban Design Studio. The recently renewed Urban Design Studio contract allows them up to thirty (30) days to review each new application and issue a letter of compliance with the Beach Property Owners Design Manual. The proposed LDR text amendments specifically in Section 4.4.3 (A) and in various subsections throughout Sections 2.2.3 (D) and 2.2.4 (D) are corrective and assigns a numerical or alphabetical reference to parts of the code previously contained in an itemized list as indicated by an asterisk (*). This will allow these amended code sections to be individually referenced by category as opposed to being included all in one inclusive group. Language modifications in LDR Section 4.4.3 (E) (4) will remove the reference to applications for new single family residences, additions and renovations that exceed fifty percent (50%) of the square footage of the existing structure being approved by the Site Plan Review and Appearance Board (SPRAB). The reference will be modified to add review by Urban Design Studio which will issue a letter of compliance to the Beach Property Owners Design Manual. This is a corrective LDR text amendment to direct the authority to Urban Design Studio, since this is consistent with the current process for approval of these types of plans in the North Beach/Seagate and Ocean Neighborhood Overlay District within the City. Language in LDR Section 4.4.3 (F) is being added to give Urban Design Studio the authority to apply restrictions above and beyond the minimum requirements of LDR Section 4.3.4 (K) development standards, which include but may not be limited to visual compatibility standards, limitations on height, width, mass, scale, materials, colors, style, form and square footage. This LDR text amendment will recognize design standards within the Beach Property Owners Design Manual and make both documents consistent and fully enforceable. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) -Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. These modifications are being implemented to reflect current review and approval processes and to achieve consistency between development documents. 2 Planning and Zoning Board Memorandum Staff Report - August 20, 2007 LDR Text Amendments for the Beach Overlay District REVIEW BY OTHERS Courtesy Notice: Courtesy notices were provided to the following civic and home owner associations: ^ Neighborhood Advisory Council ^ Beach Property Owners Association Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of these City-initiated LDR text amendments are to clarify the review process for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts and to solidify the authorities granted to the reviewing body (Urban Design Studio) and to specific Boards to which authority is given to review appeals to design guidelines or regulations in the Beach Property Owners Design Manual. As noted in this staff report, positive findings can be made with respect to LDR Section 2.4.5(M)(5) can be made. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs) Section 2.2.3, the "Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, The "Board Of Adjustment", Subsection (D), "Duties, Powers And Responsibilities", to provide for a method for appeals; Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans by Urban Design Studio; Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose And Intent", (E), "Review And Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", And Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: ^ Proposed Ordinance 36-07 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~~ SUBJECT: AGENDA ITEM # (~ ~x- REGULAR MEETING OF SEPTEMBER 18, 2007 ORDINANCE NO. 42-07 (AMENDING CHAPTER 50 "UTILITIES GENERALLY; PUBLIC SERVICE TAX"~ DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 50, "Utilities Generally: Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 42-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 42-07 on second and final reading. S:\Ciry Clerk\AGENDA COVER MEMOS\Ocdinan« Agenda Memos\Ord 42-07 Public Service Tax 2nd Reading 09.18.07.doc `~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 30, 2007 SUBJECT: AGENDA ITEM # ~~.~ -REGULAR MEETING OF SEPTEMBER 4, 2007 ORDINANCE 42-07/CHANGE IN PUBLIC SERVICE TAX ITEM BEFORE COMMISSION The item before the Commission is Ordinance 42-07 which amends Section 50.15 of the City Code regarding the public service tax. BACKGROUND The current public service tax rate is 8.7% for gas and 9.7% for electricity. The fuel oil tax is currently the same proportion to $0.04 as 8.7% is to 10%. Ordinance 42-07 increases the public service tax for gas and electricity to 10% and provides that the fuel oil tax shall be $0.04 a gallon. This Ordinance also removes the exemption, from the public service tax, on the first 90 kilowatt hours of electricity purchased. RECOMMENDATION Staff recommends approval of Ordinance 42-07. ORDINANCE N0.42-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to amend its Code of Ordinances in order to provide for an increase of the public service taxes for electricity, fuel oil and gas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: c ' n 1. That Chapter 50, "Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended as follows: Sec. 50.15. LEVY OF TAX. (A) Ekctrici, Gas e! oid (1) (a) The City hereby levies a tax on the purchase of electricity and metered or bottled gas (natural liquefied petroleum gas or manufactured). The tax shall be levied only upon purchases within the City in the amount of ten 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of metered or bottled gas (natural liquefied petroleum gas or manufactured), and ' pereext-e€ electricity. The tax on fuel oil shall be four cents (~0.04,~per gallon. f e)~ This tax shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. The term "fuel adjustment charge" means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. ~}~ This tax shall in every case be paid by the purchaser, for the use of the City, to the seller of such electricity or gas at the time of paying the charges therefor to the seller thereof, but not less often than monthly. (2) To the extent such sums are not otherwise required to meet current or future utility tax certificate bond covenants, and/or debt service on same, t n 0.0 percent of the total utility tax collections for electricity, fuel oil andgas shall be transferred monthly to the City of Delray Beach Beautification Program, to be used for capital and operating expenses incurred in projects for the beautification of the Public Rights-of--Way within the City and the maintenance of such beautification projects. Any revenues transferred to such fund in excess of fund expenditures in any fiscal year shall be retained and reappropriated in the Fund in the next fiscal year, such use being subject to the prior lien enjoyed by the holders of outstanding and future parity obligations of the City secured by the utility services tax of the City. (3) Services competitive with those enumerated in division (A)(1) above ~e~} shall be taxed on a comparable base at the same rates. , .. , (4) The purchase of natural gas or fuel oil by a public or private utility, either for resale or fox use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from taxation hereunder. (5) The City hereby exempts from taxation hereunder the purchase of the taxable items by the United States Government, this state, and all counties, school districts, and municipalities of the state, and by public bodies exempted by law or court order, or any other public body as defined in F.S. Section 1.01 and shall exempt purchases by any recognized church in this State for use exclusively for church purposes. (6) The tax authorized hereunder shall be collected by the seller of the taxable item from the purchaser at the time of the payment for such service. The seller shall remit the taxes collected to the City in the manner prescribed by this subchapter and by F.S. Section 166.231(7). (B) Rererv~ed S,g~tion 2• That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. N0.42-07 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. ATTEST: CITY CLERK First Reading Second Reading MAYOR 3 ORD. N0.42-07 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ ~ SUBJECT: AGENDA ITEM # lO• Y~ -REGULAR MEETING OF SEPTEMBER 18, 2007 ORDINANCE N0.37-07 DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 37-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 37-07 on second and final reading. S:\Ciry Clot\AGENDA COVP.R MP.MOS\Oalinance Agenda Mande\Ord 37-07 2~d ~B 09.i8.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ ~ THROUGH: CITY MANAGER /~ DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~~, ~ -REGULAR MEETING OF SEPTEMBER 4. 2007 CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A" BY ENACTING DEFINITIONS FOR "ADULT MATERIAL" "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES". ITEM BEFORE COMMISSION The item before the Commission is approval of aCity-initiated amendment to the Land Development Regulations amending Appendix "A" by enacting definitions for "adult material", "Specified Anatomical Areas", and "Specified Sexual Activities". BACKGROUND These changes are proposed as a precautionary step in response to a recent court ruling in the 11th District Circuit Court (Federal case), which concluded that if the definition portion of an adult entertainment ordinance was too vague (overly broad), it could result in the overturning of the adult entertainment ordinance. These additional definitions provide clarity in this regard. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on August 20, 2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 37-07 for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Appendix "A" "Definitions", by enacting definitions for "adult material", "specific anatomical areas" and "specified sexual activities", by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: ^ Proposed Ordinance No. 37-07 ^ Planning and Zoning Report, August 20, 2007 ORDINANCE NO.37-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVING CLAUSE, A GENERAI, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of Dekay Beach," hereafter the "City" and WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Dekay Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are not limited to the following. 1. City of Renton v. Playtime Theaters. Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132. (2002). 2. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S. 873. 3. Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991). 4. C~ of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed. 2d 670 Boss Capital, Inc. v. City of Casselberrv,187 F.3d 1251 (11~' Cir. 1999). 6. Daytona Grand, Inc. v. City of Daytona Beach, Florida, 20 FIa.L.Weekly Fed. C778 (11th Cir. 2007). 7 Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. 8. Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979. 9. Findings of the City Planning Commission of the City of New York dated January 26, 1977. 10. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. 11. Report to the City PLanning Commission and City Council from the Planning Department of the City of Beaumont, Texas dated September 14, 1982. 12. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of the _City of Houston, Texas: Providing for the Regulation of Sexually Oriented Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and Massage Establishments: and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 13. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 14. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986. 15. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 16. Palm Beach County Sheriff's Office report dated April, 1998. 17. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989. 18. Report to the American Center for Law and iustice on Secondary Impacts of Sex Oriented Businesses, Peter R. Hecht, Ph.D, March 31, 1996. 19. Adult Business Study in Town and Village of Ellicottville, CattarauP~s County, New York. An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January, 1998. 2 ORD. N0.37-07 20. Adult Use Study in Newport News, Virgi.~' . An analysis prepared by the Department of Planning and Development of the City of Newport News, Virginia. Dated March, 1996. 21. Memorandum of Law on Adequate Alternative Avenues of Community for Sexually Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and Families. Dated October 1, 1995. 22. Local Community Control of Adult Businesses. An analysis prepared by Bryan H. Beauman of For the Defense dated June, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1 That Appendix "A" be amended as follows: ADULT MATERiAT • Books masayinec~ p ital. ~ or other printed matter~.photogr~phs, films motion Pictures, video cassettes, slides or other visual representations• recordings, other audio matter and novelties or devices which have as their primary or dominant theme subject matter depicting, exhibiting. illustrating. describin~__or_relatin~ to specified sexual activities or specified to SPECIFIED ANATOMICAL AREAS: Specified anatomical areas shall include less than completely and opaquely covered human genitals and the pubic region: the opening between the Duman buttocks. i.e., the anal cleft: that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola: this definition shall include the entire lower portion of the female breast. but shall not include any portion of the cleavage of the human female breast exhibited by a dress. 1 louse, s~ii~, leotard, bathing suit, or other wearing apTp~l~provided that the areola is not exposed: or human male genitals in a discernably turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: Specified sexual activities shall include human ,genitals in a state of sexual stimulation, arousal or tumescence: or acts of human anilingps, bestiali .buggery, g xis, coprophagy, coprop, fellation, flagellation, masochism. masturbation. necrophilia. p ras , pedophilia. sadism. sadomasochism, sexual intercourse, or sodomy: or fondling or other erotic touching of human genitals. pubic region, buttock, anus, or female breast: or excretory functions as Hart of or in connection with any of the activities set forth above. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision 3 ORD. N0.37-07 shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 'on That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ' n 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2007. MAYOR ATTEST: CITY CLERK First Reading, Second Reading 4 ORD. N0.37-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA NO: V. G. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A" BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES". ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations (LDRs) Appendix "A", Definitions, adding definitions for "adult material", "specific anatomical areas", and "specified sexual activities" Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS These changes are proposed as a precautionary step in response to a recent court ruling in the 11th District Circuit Court (Federal case), which concluded that if the definition portion of an adult entertainment ordinance was too vague (overly broad), it could result in the overturning of the adult entertainment ordinance. These additional definitions provide clarity in this regard. REQUIRED FlND/NGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council . ^ Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. V. G. Planning and Zoning Board Meeting, August 20, 2007 LDR Amendment -Appendix "A", Adult Material Definitions ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide clear definitions as they relate to our adult entertainment ordinance. These changes are necessary as a precautionary step in response to a recent court ruling. This LDR text amendment is consistent with the Comprehensive Plan and positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTfON Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Appendix "A" "Definitions", by enacting definitions for "adult material", "specific anatomical areas" and "specified sexual activities", by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: ^ Proposed Ordinance MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Dekay Beach Utility Service Area", to provide that all customers shall connect to the RecL~imed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for irrigation. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 43-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 43-07 on second and final reading. S:\City Ckrk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 43-07 Reclaimed Water 2nd Reading 09.18.07.doc ORDINANCE NO. 43-07 AMENDING CHAPTER 59 "RECLAIMED ATER" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 30, 2007 SUBJECT: AGENDA ITEM # 1 ~, • l] -REGULAR MEETING OF SEPTEMI ORD. 43-07/REVISION TO RECLAIMED WATER ORDINANCE ITEM BEFORE COMMISSION The item before the City Commission is Ordinance 43-07 which modifies the Reclaimed Water provisions of the City Code. BACKGROUND This ordinance modifies Chapter 59, Reclaimed Water, of the Code of Ordinances by: • Making connection to the reclaimed water system mandatoryProhibiting use of any other water source for irrigation if reclaimed water is available • Increasing economic inducement for connection • Increasing the wholesale commodity rate for FY 2007/2008 • Limiting the hours of irrigation for wholesale customers. RECOMMENDATION Staff recommends approval. ORDINANCE N0.43-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.13, "APPROVED USES OF RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. and WHEREAS, potable water and groundwater are valuable resources which must be conserved; WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of groundwater and potable water; and WHEREAS, the City of Dekay Beach has determined to establish a reclaimed water system which would make reclaimed water available for irrigation; and WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve water resources; and WHEREAS, such reclaimed water system use shall be mandatory within 90 days of availability of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: ' n 1. 'That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Service Area" is hereby amended to read as follows: Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH SERVICE AREA. (A) Reclaimed water service will be made available within the City's Utility Service Area as the transmission system is extended and treatment capacity becomes available. (B) Reclaimed water service will be deemed available when Reclaimed Water Distribution System facilities necessary for connection to the customers' irrigation system are activated to the customers' point of service. Easements may be required across private property to accommodate extension of the transmission system to the customers' point of service. In the event that such required easements are not granted by the customer, reclaimed water will be deemed available when facilities are placed in service abutting any point on the customers property line. (C) Connection to the City's reclaimed water system for irrigation use shall be mandatory. If the City's reclaimed water system is available for connection for irrigation users, other sources of irrigation water will be permitted. Upon notification from the City of service availability, C-customers shall have ninety (90) days ' to connect irrigation systems to the reclaimed water system with no fees assessed by the City. Customers connecting after that time will be assessed meter installation charges. After the stated 90 day period, existing irrigation connections to the City's drinking water system will be disconnected, and customers requiring irrigation water that remain unconnected to the reclaimed water system will be assessed a monthly capacity charge as listed in section 59.09, and a monthly commodity charge based on 12,000 ons per month billed at the current rate for irrigaation water as listed in Chatiter 52. Section 52.34~BL Upon connection to the reclaimed water system, the capacity charge will cease, and the commodity charge will be based on metered use at the rates listed in Section 59.09 for the annlicable user classification (D) Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense. (E) Should the customer require reclaimed water of quality or pressure varying from that normally supplied by the city, the customer shall be responsible for any devises necessary to make these adjustments, provided, however, that such devices will require prior approval by the City. 2 ORD. NO. 43-07 Sgction 2. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates and Charges" is hereby amended to read as follows: Sec. 59.09 FEES, RATES AND CHARGES. (A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the following schedule: 1. Retail customer rate ........ $1.00 2. Wholesale customer rate .... 93Er (B) Meter installation charges, when applicable, shall be as listed in Chapter 52, Section 52.32. (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B). Section ~. That Chapter 59, "Reclaimed Water", Section 59.13, "Approved Uses of Reclaimed Water", is hereby amended to read as follows: Sec. 59.13. APPROVED USES OF RECLAIMED WATER; HOURS OF USE FOR IRRIGATION (A) Reclaimed water shall be used in accordance with applicable federal, state, and local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust control, on construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in writing by the Director prior to said usage. ($) Hours of irrigation fox wholesale customers connected to the City's reclaimed water system shall be limited to the hours between sunset and sunrise. Section 4. That should any section or provision of this ordinance, or any portion thereof, or 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. 3 ORD. NO. 43-07 Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. 'on That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2007. MAYOR ATTEST: Ciry Clerk First Reading Second Reading 4 ORD. NO. 43-07 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER.~~~~ SUBJECT: AGENDA ITEM # I O • ~ REGULAR MEETING OF SEPTEMBER 1$, 2007 ORDINANCE N0.44-07 DATE: SEPTEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR), Section 2.4.3(I~(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. BACKGROUND At the first reading on September 4, 2007, the Commission passed Ordinance No. 44-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 44-07 on second and final reading. S\City Clerk\AGENDA COVER MEMOS\Ordimnce Agenda Memos\Ord 44-07 Amend LDR Sec 24.3.Kt Development Appkritiona 2nd Reading 09.1g.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSI ERS FROM: JASMIN ALLEN, PLANNER ~ ~~'~ PAUL DORLING, AICP, DIR CTOR PLANNING AND ZONING ~~ ` THROUGH: CITY MANAGE~- ~~ DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~ /r,,. n -REGULAR MEETING SEPTEMBER 4, 2007 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 2.4.3(K)(1) "DEVELOPMENT APPLICATIONS" REDUCING THE DEVELOPMENT APPLICATION FEE FOR VARIANCES BEFORE THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION The item before the City Commission is an amendment of LDR Section 2.4.3(K)(1) "Development Applications" to reduce the development application fee charged for variances before the Historic Preservation Board from $500.00 to $250.00. BACKGROUND On August 21, 2007, the City Commission adopted Ordinance 25-07, which amended the Land Development Regulations to provide for certain costs to the applicant and to increase the development application, plan check and permit fees. At that time the City Commission directed staff to reduce the newly adopted fee charged for variances before the Historic Preservation Board from $500.00 to $250.00 so as not to discourage an applicant from seeking relief in order to preserve a historic structure. Additionally, the ordinance changes "Note" #9 from "self- addressed" envelopes to "pre-addressed" envelopes. RECOMMENDATION By motion, approve on first reading Ordinance No.44-07, amending LDR Section 2.4.3(K)(1) "Development Applications" reducing the development before the Historic Preservation Board from $500.00 to "self-addressed envelopes" to "pre-addressed envelopes" application fee charged for variances $250.00 and changing Note #9 from Attachments: ^ New Ordinance No. 44-07 ^ Adopted Ordinance No. 25-07 ORDINANCE NO.44-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB- SUBSECTION 2.4.3(I~(1), "DEVELOPMENT APPLICATIONS", TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 21, 2007 the Commission approved Ordinance No. 25-07, increasing the development, plan check and permit fees; and WHEREAS, during this meeting the Commission directed staff to reduce the fee charged for variances to the Historic Preservation Board so as not to discourage someone from applying for relief; and WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~on 1. That the recitations set forth above are incorporated herein. ~on 2. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x), "Fees", Sub-subsection 2.4.3(I~(1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (I~ Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,500 (b} Review of a ADA/DRI $ 3,640 Modification of a DRI $ 1,215 (c) Voluntary Annexation with Zoning $ 1,105 (4) (d) Rezoning of Land $ 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (fl Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 610 (g~ Master Plans $ 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610 (i) Similarity of Use $ 305 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 110 Class II (Non-Impacting with Board Review) $ 225 Class III (Minor Modification) $ 550 (1) Class N (Major Modification) $ 915 (1) Class V (New Submission) $ 1,215 (1) (k) Extension requests for a previously approved $ 610 conditional use or site plan (only one fee is required if both items are being extended for one project) (1) Plats Minor Subdivision $ 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) (m) Abandonments Right-of--way $ 750 General Easements $ 370 Specific Easements $ 185 (n) Master Sign Program $ 150 (o) Variances tbte~gk-the 2 ORD. N0.44-07 Board of Adjustment et-~he $ 500 Historic Preservation Board $ ~9A 250 (p) Formal interpretation by the Board of Adjustment $ 60 (q) Certificate of Appropriateness by Board Alterations and/or Repairs $ 60 (2) New Construction and Additions $ 555 (1) Demolition and Relocation $ 555 (r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ 60 (t) Hearing before the Board of Construction Appeals $ 60 (per item) $ 60 (u) Temporary Use Request involving City Commission $ 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ 130 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $ 130 per request (6) $ 250 per request ('7) (y) Appeals by Applicant $ 335 (8) (z) Advertising (9) (aa) Zoning Verification Letter $ 120 (bb) Single Family Overlay District Site Plan Review $ 850 (1) (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10) Requests 3 ORD. N0.44-07 NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. ('7) For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide sel€ fig-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant. Section 3• That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. '0 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 4 ORD. N0.44-07 S. ection 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2007. ATTEST: MAYOR City Clerk First Reading Second Reading ORD. N0.44-07 ORDINANCE N0.25-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.2, "NOTICE REQUIREMENT'S"; SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(I~, "FEES", SUB- SUBSECTION 2.4.3(I~(1), "DEVELOPMENT APPLICATIONS", 2.4.3(x)(2), "PLAN CHECK FEES", AND 2.4.3(I~(3), "PERMIT FEES", TO PROVIDE FOR CERTAIN COSTS TO BE PAID BY AN APPLICANT AND TO INCREASE THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 16, 2007, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Boatel, sitting as the Local Planning Agenry, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds- the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitarions set forth above are incorporated herein. 'on That Section 2.4.2, "Notice Requirements", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.2 ~jotice Requirements: The City Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this / \ Section. All costs incurred y the City for advertising, provi ' notice and recording of arTv documents shall be paid the Applicant. S 'on That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(IC), "Fees", Sub-subsection 2.4.3(I~(1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 (I~ F. ce$: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) DeveloFment Ap~licationa: The following fees shall be chazged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. {a) Comprehensive Plan Amendment $ '~ 2.500 (b) Review of a ADA/DRI $ Modification of a DRI $ 1~ 21 (c) Voluntary Annexation with Zoning $ ~$b9 1.105 (4) (d] Rezoning of Land $ 1 f~ 2.000 (e) Modification of a SAD Ordinance to add a use or uses $ ~-;-399 2 00 (f} Conditional Uses, New Application $ ~;9~~9 1'500 Modification requiting Board Review $ .§g8 6~ (g) Master Plans $ }~§ 1.215 {1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ §gg (i) Similarity of Use $ egg Or ~) Site Plan Review: Class I (Non-Impacting Modification) $ X95 110 Class II (Non-Impacting with Board Review) $ ~.}.g Class III (Minor Modification) $ r~§ ~ (1) Class IV (Major Modification) $ $~9 9~ (1) 2 ORD. N0.25-07 i \ Class V (New Submission) $ '~ 1 1 (1) (k) Extension requests for a previously approved $ §S9 610 conditional use or site plan {only one fee is required if both items are being extended for one project) (1) Plats Minor Subdivision $ $~9 91~ (1) Major Subdivision $ '~ 1 825 (1) Plat Recording Fee (3) (m) Abandonments Right-of--way $ §S9 7 General Easements $ 3b9 Specific Easements $ ~5 185 (n) Master Sign Program $ ~8 1~ (o) Variance through the Board of Adjustment or the $ ~-1~A 500 Historic Preservation Board (p) Formal interpretation by the Board of Adjustment $ §5 60 (q) Certificate of Appropriateness by Board Alterations and/or Repairs $ ~ f Q (2) New Construction and Additions $ §~ 5~(1) Demolition and Relocation $ §~ X55 {r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ ~55 ~(} (t) Hearing before the Board of Construction Appeals $ s5 §~ (per item) $ §5 60 (u) Temporary Use Request involving City Commission $ ~A 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ ~8 ~;~Q - - with concurrent site plan $ 0 3 ORD. N0.25-07 (w) Land Development Regulations Text Change (x) Waivers and Internal Adjustments (y) Appeals by Applicant (z) Advertising (aa) Zoning Verification Letter (bb) Single Family Overlay District Site Plan Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests NOTES: i \ $ X58 1500 $ X9130 per request (6) $ X35 250 per request (7} $ 3~5 ~5 (8} (9) $ ~A 120 $ ~3A S~(1) $ ~1~9- ~? (10) (1} Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have akeady been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. ('7) Fox requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. (9) .The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide self-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4} yrio~ to the hearine_ the oresidin~ body shall tiostnone action on the annlication until such fees are raid. In nt such pos onement results in additional mailing or Publication costs. the ap~licant_shall onsible for the additional fees. 4 ORD. N0.25-07 C (10) If approved, this fee will be cxedited toward the associated site plan modification. 11 Recording fees of any documents shall be paid by the Applicant Lion 4. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(IC), "Fees", Sub-subsection 2.4.3(x}(2), "Plan Check Fees", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (2) Plan Check Fees: g-Cede: (a) The Plan Check fee shall be paid when g-plans are submitted to apply for the applicable permit. The fee shall be equal to one-half (1 /2) of the g permit fee [see item (3){h}]. This Plan Check fee shall be credited to the cost of the applicable permit at its time of issuance and is non refundable. (b) A Change to Plans or Shop Drawings Fee of ~~ 75 for the first sheet plus $1.00 per each additional sheet shall be charged for any Plans not submitted with the original permit application. (c) A Master Plan Submission Fee of;bAB 1 5 0 shall be paid when the Master Plan for a project is submitted and is for Plan Review. It is not part of the permit fee and is non-refundable. 'on 5. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x}, "Fees", Sub-subsection 2.4.3(I~(3), "Permit Fees", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (3} Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a} Shrub Clearing Permit: -- one acre ~ rr 100 and $10 for each additional acre -- twa-te-fi~e-eases e ~ n -- 3ni te-t ~ ~ r ORD. N0.25-07 (b) Tree Removal Permit: $ X6:58 ?5 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. ; -0- (c) Temporary Use, not requiring City Commission action (e.g. Tents) (d) ~~tion Verification Affidavit (e) Work in the Public Right-of--way (~ ~app}iea~g Renewal/Extension of Permit $ 3-~-~epes~ 150 $-59~+-~56-depesi~ $ 25 $15 150 (~ Signs and Signing Application Fee Permit Fee, non-electric Permit Fee, electric ~-5:89-25 ; ~§8 ~/ sq.h/ face ; X9:98 20 Plus ; x-58-2 / sq.ft/ face (h) Permits for new buildings and additions which include all €er the following items:: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of ; 4:98 -- Plus: $ ~6J 3Q per required inspection -- Plus: ; x§:88 ~Q per reinspection (1) -- Plus: ; X881 l /each change of contractor 6 ORD. N0.25-07 For permit activity valued at $1,001 or more: -- Minimum fee of: $ 41-8 '~0 and °~'~ 20 per each additional $1,000 of value, or fraction thereof -- Plus: $ ~r9A 50 per reinspection (1) -- Plus: $ ~~A ~/each change of contractor (i} Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of $ ~8 ~0 -- Plus: $ 283b ~Q per required inspection -- Plus: $ ~5:s9;Z0 per reinspection (1) -- Plus: $ ~9~A ~( Q/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ 2¢2A 40 and $~9 20 for each additional $1,000 of value or fraction thereof -- Plus: $ ~r.AA 5Q per reinspection {1) -- Plus: $ AAA loa/each change of contractor ~) Permits for sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts for General Construction ORD. N0.25-07 For permit activity valued at $1,000 or less: -- in' fee of:$ 4-99 -- Plus: $ X9.35 ~Q per required inspection -- Plus: $ ~5:9A ~ per reinspection (1) -- Plus: $ F9:9A ~/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of $ 4~9 5Q -- Plus: $ 299 40 for each $1,000 of value or fraction thereof -- Plus: $2§99 ~Q per reinspection jl~ -- Plus: $ ~A9100/each change of contractor (k) Moving of a building or structure: $3~GA (iJ Demolition of a building or structure: $63:5A Q (rn) Drilling or Driving a Potable well: 3Q ~~ {e} jn~ Change-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. -{p•} Value of less than $200: $ -0- Value of $200 to $1,000: $ 35 Value greater than $1,000 per normal pemrit l~c~side~-~aterHesters--~r 0 ~} ~ Certificate of Occupanry: -- Conditional Certificates: $ c~ 700 {y} ~ Penalty for failing to call for a final inspection: $ X99 ORD. N0.25-07 t ,, ~q~ Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. {s} ~ All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. Is), Construction Trailer: 5250 each_plus sub trade permits ~ Sales Trailer. NOTE {ll: Reasons necessitat * The work, or correction to * An incorrect address is on * The work or correction t< specified in the application 5750 each plus sub trade permits. ~,g additional inspection fees include, but are not limited to: previously inspected work. does not meet code recluirements~ he application bX action of the applicant; ~~reviousl~ inspected work is not readK for inspection at the time for reinstier coon. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Secti That this ordinance shall become effective immediately upon its passage on second and final reading. 9 ORD. N0.25-07 / \. PASSED AND ADOPTED in regular session on second and final reading on this 21~ day of Ate, xs , 2007. ATTEST: ~~~ City Clerk First Readin {~-~ Second Readin ` v ~ MAYOR 10 ORD. N0.25-07 oK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY ~ ~~ THROUGH: CITY ATTORNEY DATE: SEPTEMBER 10, 2007 SUBJECT: AGENDA ITEM # i ~• ~ -REGULAR MEETING OF SEPTEMBER l RESOLUTION 56-07 -CONTRACT WITH CRA ON TRANSFER OF PROPERTY LOCATED AT 133 NW 5 x AVENUE TO THE CITY ITEM BEFORE COMMISSION The attached resolution and interlocal agreement for purchase and sale provides for the transfer of the property located at 133 N.W. 5~' Avenue to the City. BACKGROUND Construction work is currently taking place on the property. Once the construction work is completed the property will be transferred to the City. The property will then be transferred to the Community Land Trust and used to create affordable residential units. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. cc: Chevelle Nubin, City Clerk RESOLUTION NO. 56-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 133 N.W. 5th Avenue, to provide land to be used in conjunction with the Community Land Trust for affordable residential housing, a valid public purpose; 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. 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 purchase from the Delray Beach Community Redevelopment Agency, as Seller, for the purchase price of Ten Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lots 4 and 5, Block 27, less the west 5 feet, and less the east 2 feet, REPEAT OF PART OF BLOCK 27, TOWN OF LINTON, according to the Plat thereof as recorded in Plat Book 21, Page 43 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Delray Beach, Palm Beach County, Florida and containing 12,855 square feet (0.2951 acres) more or less. Section 2. 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 the day of 2007. MAYOR Attest: City Clerk t k1~:.~i ~ " A~~ INTERLOCAL AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this day of 2007 ("Agreement") by and between the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "SELLER") and the City of Delray Beach, a Florida municipal corporation, whose post office address is 100 NW 1st Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "PURCHASER"). In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Pro a That certain real property located at 133 NW 5`~ Avenue, Delray Beach, Florida together with a building thereon and attached personal property (hereinafter collectively referred to the "Property") which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof. 1.2 Cl sins. The delivery of a Special Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 Closing Date. The date upon which the closing occurs. 1.4 Deed. A Special Warranty Deed which shall convey the Property from SELLER to PURCHASER. 1.5 Construction. Construction and renovations to the Property made by SELLER for the purpose of creating affordable residential units. 1.6 Effective Date. The Effective Date of this Agreement shall be the date of execution by SELLER and PURCHASER. 1.7 Other Defmitions. The terms defined in any part of this Agreement shall have the defimed meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE AND SALE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously identified in Exhibit A for the total purchase price of Ten and 00/100 Dollars ($10.00) and upon and subject to the terms and conditions hereinafter set forth. PURCHASER shall pay the Purchase Price to SELLER at closing by readily negotiable funds drawn on a local financial institution pursuant to the terms of the Agreement for Purchase and Sale or by wire transfer to an account identified by SELLER. 2.1 The Purchase includes: (a) All buildings and improvements located on the Property; (b) All right-of--ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right, title and interest, if any, of SELLER in any Property lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof; (d) To the extent transferable, all licenses, permits, approvals, and other governmental authorizations relating to the operation use or occupancy of the Property to the extent the same are transferable to PURCHASER and in effect as of the Closing Date (the Government Approvals" and contracts and leases, if applicable, with respect to the Property (the "Contracts"). 3. INSPECTIONS. PURCHASER shall have a thirty (30) calendar days commencing as of the Effective Date to determine that the Property is satisfactory for PURCHASER'S purpose (hereinafter the "Inspection Period"). Additionally, that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. 3.1 During the Inspection Period, it shall be the responsibility of the PURCHASER to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the Property and installed to the Properly lines. At 2 all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of an on-site inspection. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property, during this period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement prior to the expiration of the Inspection Period. 3.2 SELLER shall provide PURCHASER or provide reasonable access to any Appraisals, Environmental Reports (Environmental Phase I and II if any), Surveys, and all other studies it may have its possession relating to the Property and shall consent to an assignment of such items to PURCHASER or PURCHASER'S lending institution and shall provide all and existing Leases on the Property. 3.3 PURCHASER'S right to inspect and enter on to the Property during the Inspection Period is expressly conditioned upon PURCHASER'S covenant to protect the SELLER from the filing of any liens against the Property. In the event that any such liens are filed as a result of work performed or requested by PURCHASER, the PURCHASER shall either pay the sum claimed by the lienor or bond such claim in the manner permitted by law within five (5) days after PURCHASER receives notice of the lien. If PURCHASER does not discharge or transfer to bond any claims of lienor after three (3) days written notice by SELLER, then PURCHASER shall be in breach of this Agreement and PURCHASER shall be responsible for damages caused thereby. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the closing unless SELLER receives information to the contrary. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times prior to closing, SELLER shall keep the Property free and clear of any mechanic's or materiahnen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the closing. 4.2 SELLER has no actual knowledge of pending or contemplated condemnation proceedings affecting the Property or any part thereof. 3 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 4.4 REAL PROPERTY SOLD AS IS. WHERE IS, RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement, and SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter 4 or matters of any nature or kind whatsoever relating to the Property. As used herein, the term "Hazardous Materials" means (i) those substances included within the defmitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. § 1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyis, flammable explosives or radioactive materials. 4.5 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder. 4.6 SELLER warrants that it will not, between the date of this Agreement and the closing, without PURCHASER'S prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of--way, leases. 4.7 All of the representations, warranties, and covenants or SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at closing, by delivery of a Special Warranty Deed, the subject Property, including all easements and restrictions of record with the exception of the encroachment(s), if any. PURCHASER may, during the Inspection Period, secure a title insurance commitment issued by a title insurance underwriter approved and for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5 PURCHASER shall have thirty (30) days from the date of receiving said commitment to examine the title commitment. If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall within thirty (30) days of receipt of said commitment, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, may be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ninety (90) days after PURCHASER has provided notice to SELLER Within twenty (20) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection other than as set forth herein. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within thirty (30) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent, together with interest thereon, shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.2. Survey and Legal Description. During the Inspection Period, PURCHASER may order: (i) a true, complete and reproducible tracing of a current survey map (current is defined to be certified within two hundred seventy (270) days of the date of the Agreement), prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the Property, and the location of any easements and other matters as reflected on Schedule B II of the title commitment thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Property. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting 6 the intended use of the Property or marketability of title to the Property (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of thirty (30) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.1 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 6.0 RISK OF LOSS. 6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the Special Warranty Deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. 7. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to those exceptions as set forth in paragraphs 2.1, 5.1 and 5.2 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Property and provided that the buildings and other improvements, including but not limited to the Property, are not on the easements. (b) Unpaid certified assessments payable after the date of the transfer of title. (c) The condition that PURCHASER agrees to convey the property to a not-for- profit corporation that shall restrict the use of the Property, in perpetuity, to a use as affordable housing as part of a Community Land Trust program. This paragraph shall survive closing, and shall be enforceable by the SELLER against the PURCHASER and any subsequent owner of the Property. 8. ADJUSTMENTS AT CLOSING. The following are to be apportioned pro-rata to the date of closing: All utilities, security deposits, rental payments, electric, non-delinquent taxes and 7 assessments (real property and personal property) computed on a fiscal year basis, and water and sewer charges. 9. CLOSING DATE AND PLACE. The closing shall occur no later than ninety (90) days following the completion of Construction on the Property at the offices of the SELLER'S attorney located at 76 N.E. 5~' Avenue, Delray Beach, Florida 33463. 10. DEFAULT. If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated damages as its sole and exclusive remedy. 11. BROKER. SELLER and PURCHASER each represent to the other that they have not dealt with any real estate broker, real estate salesman or fmder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 12. COSTS. Upon closing, SELLER shall be responsible for the costs and expenses related to obtainment of title insurance and the costs and expense related to the survey. All expenses incurred which shall include documentary stamps to be affixed to the deed and the recording of the deed shall be borne by SELLER. PURCHASER, at its own expense, may conduct and obtain an Environmental Phase I and Phase II, if so mandate by the Phase I, of the Property. All costs and expenses related to financing the acquisition and development of the Property shall be borne by PURCHASER. 13. PURCHASER'S WARRANTIES. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct and all shall survive the closing: 13.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 13.2 The execution and delivery of this Agreement and the performance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and no further action or approval is required in order to constitute this Agreement as a binding 8 obligation of the PURCHASER 13.3 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER does not and will not violate the organizational documents the PURCHASER, does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. All of the representations, warranties and covenants or PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 15. NO MERGER All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 16. CONDITIONS PRECEDENT TO CLOSING. The parties shall exert diligent effort to satisfy the following conditions precedent to closing: 16.1 SELLER shall complete the Construction of the improvements to the Property in compliance with the industry building standards; 16.2 Approval by the Delray Beach Community Redevelopment Agency Board of Commissioners; 16.3 Approval by the City Commission of the City of Delray Beach. 17. NO LIABILITY. Unless this Agreement is properly executed by both parties within the specified time period, neither party shall be obligated to perform the covenants herein contained. 18. NOTICE. All written notices shall be deemed effective if sent to the following places: 9 SELLER: Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Colonna, Executive Director With Copy to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 PURCHASER: City of Delray Beach 100 NW 1~` Avenue Delray Beach, Florida 33444 Attn: David Hardin, City Manager With a Copy to: Susan A. Ruby, City Attorney 200 NW 1st Avenue Delray Beach, Florida 33444 Telephone: (561) 243-7090 Facsimile: (561) 278-4755 19. EFFECTIVE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either party. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 21. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 22. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of SELLER and PURCHASER. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals 24. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has 10 accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 25. INTERLOCAL AGREEMENT: This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. ]N WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: SELLER: PURCHASER: Delray Beach Community Redevelopment City of Delray Beach, Florida, a Florida Agency municipal corporation Y , r vV By: ~ ak r>+ ~~ r Title: ___ EtM/~/~ ~ By: _ Title: Date: (n _ ~ `~ " ° ~ Date: ATTEST BY: City Clerk APPROVED AS TO LEGAL FORM: Susan Ruby, City Attorney 11 EXHIBIT "A" TO THE PURCHASE AND SALE AGREEMENT Legal Descriation 133 NW 5`~ Avenue Lots 4 and 5, Block 27, less the west 5 feet, and less the east 2 feet, REPEAT OF PART OF BLOCK 27, TOWN OF LINTON, according to the Plat thereof as recorded in Plat Book 21, Page 43 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Delray Beach, Palm Beach County, Florida and containing 12,855 square feet (0.2951 acres) more or less. oK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY ~~-~ THROUGH: CITY ATTORNEY DATE: SEPTEMBER 10, 2007 SUBJECT: AGENDA ITEM # ~~, ~ -REGULAR MEETING OF SEPTEMBER 18, 2007 RESOLUTION 57-07 -CONTRACT WITH CRA ON TRANSFER OF THE LA FRANCE HOTEL PROPERTY TO THE CITY ITEM BEFORE COMMISSION The attached resolution and interlocal agreement for purchase and sale provides for the transfer of the La France Hotel property located at 140 N.W. 4th Avenue to the City. BACKGROUND Construction work is currently taking place on the property. Once the construction work is completed the property will be transferred to the City. The property will then be transferred to the Community Land Trust and used to create affordable residential units. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. RESOLUTION NO. 57-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 140 N.W. 4th Avenue, to provide land to be used in conjunction with the Community Land Trust for affordable residential housing, a valid public purpose; 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. 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 purchase from the Delray Beach Community Redevelopment Agency, as Seller, for the purchase price of Ten Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as follows: See Exhibit "A" Section 2. 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 "B". PASSED AND ADOPTED in regular session on the day of 2007. MAYOR Attest: City Clerk EXHIBIT "A" That part of Lots 8, 9 and 10, Replat of Part of Block 27, TOWN OF LINTON, Delray Beach, Florida according to the Plat thereof recorded in Plat Book 21, Page 43 of the Public Records of Palm Beach County Florida, described as follows: All of said Lots 9 and 1 ~ less the west 2 feet and the following described part of Lot 8: BEGIN at the southwest corner of said Lot 8; thence easterly, along the south line of said Lot 8, 135.57 feet to the east line of said Lot 8; thence northerly, along said east line, 23.00 feet; thence westerly, parallel with the south line of said Lot 8, 15.00 feet; thence southerly, parallel with the east line of said Lot 8, 18.20 feet; thence westerly, parallel with the south line of said Lot 8, 32.60 feet; thence southerly, parallel with the east line of said Lot 8, 0.80 feet; thence westerly, parallel with the south line of said Lot 8, 57.00 feet; thence northerly, at right angles, 43.00 feet; thence westerly, at right angles, 31.61 feet to the west line of said Lot 8; thence southerly, along said west line, 47.00 feet to the said POINT OF BEGINNING, LESS THE WEST 2 FEET. Said lands situate in Delray Beach, Palm Beach County, Florida and containing 15,460 square feet (0.3549 acres) more or less. INTERLOCAL AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this day of 2007 ("Agreement") by and between the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "SELLER") and the City of Delray Beach, a Florida municipal corporation, whose post office address is 100 NW 1st Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "PURCHASER"). In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Pro e That certain real property located at 140 NW 4'~ Avenue, Delray Beach, Florida together with a building thereon commonly known as "La France Hotel" and attached personal property (hereinafter collectively refereed to the "Property") which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof. 1.2 Closing. The delivery of a Special Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 Closing Date. The date upon which the closing occurs. 1.4 Deed. A Special Warranty Deed which shall convey the Property from SELLER to PURCHASER 1.5 Construction. Construction of new addition and renovations to the Property made by SELLER for the purpose of creating affordable residential units. 1.6 Effective Date. The Effective Date of this Agreement shall be the date of execution by SELLER and PURCHASER. 1.7 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE AND SALE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously identified in Exhibit A for the total purchase price of Ten and 00/100 Dollars ($10.00) and upon and subject to the terms and conditions hereinafter set forth. PURCHASER shall pay the Purchase Price to SELLER at closing by readily negotiable funds drawn on a local fmancial institution pursuant to the terms of the Agreement for Purchase and Sale or by wire transfer to an account identified by SELLER 2.1 The Purchase includes: (a) All buildings and improvements located on the Property; ' (b) All right-of--ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right, title and interest, if any, of SELLER in any Property lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Properly to the center line thereof; (d) To the extent transferable, all licenses, permits, approvals, and other governmental authorizations relating to the operation use or occupancy of the Property to the extent the same are transferable to PURCHASER and in effect as of the Closing Date (the Government Approvals" and contracts and leases, if applicable, with respect to the Property (the "Contracts"). 3. INSPECTIONS. PURCHASER shall have a thirty (30) calendar days commencing as of the Effective Date to determine that the Property is satisfactory for PURCHASER'S purpose (hereinafter the "Inspection Period"). Additionally, that the Property has adequate services available and that all Federal, State, County and local laws, rules and regulations have been and are currently being complied with relative to the Property. 3.1 During the Inspection Period, it shall be the responsibility of the PURCHASER to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the Property and installed to the Property lines. At 2 all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of an on-site inspection. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property, during this period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement prior to the expiration of the Inspection Period. 3.2 SELLER shall provide PURCHASER or provide reasonable access to any Appraisals, Environmental Reports (Environmental Phase I and II if any), Surveys, and all other studies it may have its possession relating to the Property and shall consent to an assignment of such items to PURCHASER or PURCHASER's lending institution and shall provide all and existing Leases on the Property. 3.3 PURCHASER's right to inspect and enter on to the Property during the Inspection Period is expressly conditioned upon PURCHASER's covenant to protect the SELLER from the filing of any liens against the Property. In the event that any such liens are filed as a result of work performed or requested by PURCHASER, the PURCHASER shall either pay the sum claimed by the lienor or bond such claim in the manner permitted by law within five (5) days after PURCHASER receives notice of the lien. If PURCHASER does not discharge or transfer to bond any claims of lienor after three (3) days written notice by SELLER, then PURCHASER shall be in breach of this Agreement and PURCHASER shall be responsible for damages caused thereby. 4. SELLER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the closing unless SELLER receives information to the contrary. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times prior to closing, SELLER shall keep the Property free and clear of any mechanic's or materiahnen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the closing. 4.2 SELLER has no actual knowledge of pending or contemplated condemnation proceedings affecting the Properly or any part thereof. 3 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 4.4 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE: SELLER makes and shall make no warranty regarding the title to the Properly except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement, and SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER' S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Properly or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter 4 or matters of any nature or kind whatsoever relating to the Property. As used herein, the term "Hazardous Materials" means (i) those substances included within the defmitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. § 1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyis, flammable explosives or radioactive materials. 4.5 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder. 4.6 SELLER warrants that it will not, between the date of this Agreement and the closing, without PURCHASER'S prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of--way, leases. 4.7 All of the representations, warranties, and covenants or SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 5. EVIDENCE OF TITLE. 5.1 Title to the Prouerty. SELLER shall convey to PURCHASER at closing, by delivery of a Special Warranty Deed, the subject Property, including all easements and restrictions of record with the exception of the encroachment(s), if any. PURCHASER may, during the Inspection Period, secure a title insurance commitment issued by a title insurance underwriter approved and for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5 PURCHASER shall have thirty (30) days from the date of receiving said commitment to examine the title commitment. If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall within thirty (30) days of receipt of said commitment, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, may be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ninety (90) days after PURCHASER has provided notice to SELLER. Within twenty (20} days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection other than as set forth herein. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within thirty (30) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent, together with interest thereon, shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.2. Survey and Leeal Description. During the Inspection Period, PURCHASER may order: (i) a true, complete and reproducible tracing of a current survey map (current is defined to be certified within two hundred seventy (270) days of the date of the Agreement), prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the Property, and the location of any easements and other matters as reflected on Schedule B II of the title commitment thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Property. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting 6 the intended use of the Property or marketability of title to the Property (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of thirty (30) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the mazketability of title or materially interfere with PURCHASER'S use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.1 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 6.0 RISK OF LOSS. 6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the Special Warranty Deed described in Pazagraph 5.1 hereof is delivered by SELLER to PURCHASER. 7. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Properly shall be conveyed subject only to those exceptions as set forth in paragraphs 2.1, 5.1 and 5.2 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Property and provided that the buildings and other improvements, including but not limited to the Property, are not on the easements. (b) Unpaid certified assessments payable after the date of the transfer of title. (c} PURCHASER agrees to convey the property to anot-for-profit corporation that shall restrict the use of the Property, in perpetuity, to a use as affordable housing for senior citizens as part of a Community Land Trust program. This pazagraph shall survive closing, and shall be enforceable by the SELLER against the PURCHASER and any subsequent owner of the Property. 8. ADJUSTMENTS AT CLOSING. The following are to be apportioned pro-rata to the date of closing: 7 All utilities, security deposits, rental payments, electric, non-delinquent taxes and assessments (real property and personal property) computed on a fiscal year basis, and water and sewer charges. 9. CLOSING DATE AND PLACE. The closing shall occur no later than ninety (90) days following the completion of Construction on the Property at the offices of the SELLER'S attorney located at 76 N.E. 5~' Avenue, Delray Beach, Florida 33463. 10. DEFAULT. If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated damages as its sole and exclusive remedy. 11. BROKER. SELLER and PURCHASER each represent to the other that they have not dealt with any real estate broker, real estate salesman or fmder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 12. COSTS. Upon closing, SELLER shall be responsible for the costs and expenses related to obtainment of title insurance and the costs and expense related to the survey. All expenses incurred which shall include documentary stamps to be affixed to the deed and the recording of the deed shall be borne by SELLER. PURCHASER, at its own expense, may conduct and obtain an Environmental Phase I and Phase II, if so mandate by the Phase I, of the Property. All costs and expenses related to fmancing the acquisition and development of the Property shall be borne by PURCHASER 13. PURCHASER'S WARRANTIES. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the following are true and correct and all shall survive the closing: 13.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 13.2 The execution and delivery of this Agreement and the performance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be 8 required, and no further action or approval is required in order to constitute this Agreement as a binding obligation of the PURCHASER. 13.3 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER does not and will not violate the organizational documents the PURCHASER, does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. All of the representations, warranties and covenants or PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 15. NO MERGER. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 16. CONDITIONS PRECEDENT TO CLOSING. The parties shall exert diligent effort to satisfy the following conditions precedent to closing: 16.1 SELLER shall complete the Construction of improvements to the Property in compliance with the industry building standards; 16.2 Approval by the Delray Beach Community Redevelopment Agency Board of Commissioners; 16.3 Approval by the City Commission of the City of Delray Beach. 17. NO LIABILITY. Unless this Agreement is properly executed by both parties within the specified time period, neither party shall be obligated to perform the covenants herein contained. 9 18. NOTICE. All written notices shall be deemed effective if sent to the following places: SELLER: Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Colonna, Executive Director With Copy to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 PURCHASER: City of Delray Beach 100 NW 1 ~` Avenue Delray Beach, Florida 33444 Attn: David Hardin, City Manager With a Copy to: Susan A. Ruby, City Attorney 200 NW 1st Avenue Dekay Beach, Florida 33444 Telephone: (561) 243-7090 Facsimile: (561) 278-4755 19. EFFECTIVE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties and the Escrow Agent. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 21. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 22. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of SELLER and PURCHASER. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals 24. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to 10 it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 25. INTERLOCAL AGREEMENT: This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: SELLER: Delray Beach Community Redevelopment Agency By: c ~ a Title: C' /~ A- « ~+ AH Date: ~ _ ~7- ~~ Delray Beach, Florida, a Florida l corporation By: Title: Date: ATTEST BY: City Clerk APPROVED AS TO LEGAL FORM: Susan Ruby, City Attorney 11 EXHIBIT ~A" TO THE PURCHASE AND SALE AGREEMENT Leval Descrintio,~ La France Hotel That part of Lots 8, 9 and 10, Replat of Part of Block 27, TOWN OF LINTON, Delray Beach, Florida according to the Plat thereof recorded in Plat Book 21, Page 43 of the Public Records of Palm Beach County Florida, described as follows: All of said Lots 9 and l O less the west 2 feet and the following described part of Lot 8: BEGIN at the southwest corner of said Lot 8; thence easterly, along the south line of said Lot 8, 135.57 feet to the east line of said Lot 8; thence northerly, along said east line, 23.00 feet; thence westerly, parallel with the south line of said Lot 8, 15.00 feet; thence southerly, parallel with the east line of said Lot 8, 18.20 feet; thence westerly, parallel with the south line of said Lot 8, 32.60 feet; thence southerly, parallel with the east line of said Lot 8, 0.80 feet; thence westerly, parallel with the south line of said Lot 8, 57.00 feet; thence northerly, at right angles, 43.00 feet; thence westerly, at right angles, 31.61 feet to the west line of said Lot 8; thence southerly, along said west line, 47.00 feet to the said POINT OF BEGINNING, LESS THE WEST 2 FEET. Said lands situate in Delray Beach, Palm Beach County, Florida and containing 15,460 square feet (0.3549 acres) more or less.