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Agenda Reg 12-09-03City of Delray Beach Regular Commission Meeting ***CORRECTED*** Tuesday. December 9. 2003 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida ~M44 Phone: (561) 243-7000 Fax: (561) 243-3774 RULE8 FOR PUBLIC PARTICIPATION L PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the fight to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inqukies on Non-Agenda Items from the Publ/c: 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 d/rect the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. 8ION IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to thc podium and state your name and address for the record. All comments must be addressed to thc Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous wh/le addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or a~ain address the Commission is granted by a majority vote of the Comm/ssion members present. APPELLATE PROCEDURE~ Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROI.I. CAT INVOCATION. PLEDGE OF ~l J.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · NONE PROCLAMATIONS: · NONE PRESENTATIONS: Ao B. C. D. Recognizing and Commending the Delray Beach Fire Rescue Competition Team United Way of p~lm Beach County - Scott Badesch Public Arts Needs Assessment - Glen Weiss Residential Design Guidelines - Beach Property Owners' Association CONSENT AGENDA: City Manager Recommends Approval. RESOLUTION NO. 80-03: Approve Resolution No. 80-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 638 N.W. 53~ Avenue. ACCEPTANCE OF A RIGHT-OF-WAY DEED/ST. PAUL'S A.M.E. CHURCH: Approve and accept a right-of-way deed for N.W. 5~ Avenue in conjunction with the construction of an off-site parking lot for St. Paul's A.M.E. Church, located at 119 N.W. 5~h Avenue. UTILITY IMPROVEMENT AGREEMENT/PORTA AL MARE. LL.C.: Approve a utility agreement between the City and Porta al Mare, L.L.C. in the amount of $12,120.00 for the installation of 132 feet of new water main in the alley that runs north of N.E. 1" Street between northbound and southbound Federal Highway. Funding is available from 442-5178-536-63.50 (Water Main Upgrades). 12-09-2003 Eo Fo COMMUNITY DEI/ELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with six (6) sub-recipients (Alpha Time Children's Center, Community Child Care Center, Mad Dads of Greater Delray Beach d/b/a Village Foundation, Palm Beach County Resource Center, Inc., Roots Cultural Festival, Inc., and Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2003-2004, with the total funding in the mount of $122,000.00 from various accounts within the CDBG fund. SPECIAL EVENT REOUEST/HOWARD ALAN 15~ ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 15~ Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 17 and 18, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for street closure of Atlantic Avenue, east of N.E./S.E. 6~ Avenue east to Salina, and Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, and permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event with the sponsor paying all overtime costs; contingent on sponsor prodding a certificate of liability insurance. SPECIAL EVENT REOUEST/FIRST NIGHT 2004: Approve a special event request to hold the 7~ Annual First Night event on December 31, 2003 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.60-I) for the use and street closures of City fights-of-way and facilities as requested, to waive LDR's section 4.6.7(T))0)0)(ii) to allow event siguage to be placed no earlier than December 15, 2003, and authorize staff support for security and traffic control, siguage construction and instull~tion, barricade set-up/removal, trash removal and dean up, and use/set-up of City stages as needed at no charge. CONTRACT ADDITION/MORA ENGINEERING CONTRACTORS. INC.: Approve Contract Addition No. 1 to the Reclaimed Water Main Construction, West Side of E-4 Canal Project in the amount of $36,985.64 to Mora Engineering Contractors, Inc. for the quantity adjustments to the ori~nal contract. Funding is available from 441 ~5181-536-63.95 (Connection Fees). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2003 through December 5, 2003. AWARD OF BIDS AND CONTRACTS: Contract award to Insituform Technologies, Inc. in the amount of $480,233.50 via the 2003 City of Lake Worth Contract, the Town of Palm Beach Conmact (RFP #2003-13), and the 2003-04 Manatee County Contract (RFP #00-6019FL) for txenchless sanitary sewer rehabilitation of 5,309 feet of gravity sewer (Systems 16 and 17/B~trrier Island). Funding is available from 442-5178-536- 63.51 (Sewer Mains). Purchase award to Turner Outdoor Equipment in the amount of $15,840.72 via the Orange County School Board Contract #02-03-11VH for one (1) John Deere Model #5105 Tractor for the Delray Beach Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). REGULAR AGENDA: ho AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider approval of Amendment No. 1 to the Sale and Purchase Contract between the City and D.R. Horton, Inc. providing for construction management services for the public park at no cost to the City and for early payment of park impact fees by D.R. Horton. AMENDED AND RESTATED UTILITY AGREEMENT/CITY CENTER DEVELOPMENT. L.L.C.: Consider approval of the amended and restated utility agreement for Ocean City Lofts between the City and City Center Development, L.L.C. to allow for the instu!!ution of utility improvements (sanitaxy sewer, drainage, and reclaimed water) on N.E. 4th Avenue. BONIJS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2003 bonus payment to JCD Sports Group for golf opemtious in the amount of $18,000.00 and for Tenni~ Center operations in the amount of $5,500.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), and 001-4215-575-34.90 (General Fund/Other Contractual Services). CONTRACT RENEWAL/LANGTON ASSOCIATES: Provide direction regarding the renewal of the consulting agreement between the C~ty of Delray Beach and Langton Associates for grant writing services for a term of one (1) year. TRIPARTITE A.ND IlqTERLOCAL AGREEMENT/AMENDMENTS NO. 1 AND NO. 2/DELRAY BEACH LIBRARY: Provide direction on whether to proceed based on the appraisal information received by the parties. ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven ~7) Engineering Consultant Agreements between the City and CH2M Hill; Eclder Engineering; Hagen & Sawyer, PC; Kimley-Hom & Associates; Lawson, Noble & Webb; Mathews Consulting, Inc.; and McMahon & Associates for engineering consulting services. BUS SHELTERS/DAYTECH MANUFACTURING. INC.: Consider approval of a conlxact between the City of Dekay Beach and Daytech Manufacturing in the amount of $454,114.00 for the manufacture, delivery, constxuction and instul!~tion of forty-seven (47) bus shelters. 12-09-2003 10. Jo MIDDLE SCHOOL 98-GG: Provide dkection regarding a proposed resolution supporting a school of choice for Middle School 98-GG. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2003 as required by the U.S. Department of Housing and Urban Development. PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $550,000.00 in Florida Blacktop v. City of Delray Beach. Staff recommendation is denial. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) member to the Parking Management Advisory Board to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for an unexpired term ending January 31, 2004. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). BOYS AND GIRLS CLUB/REOUEST WAIVER: Consider a request from the Boys and Girls Club to waive the January 1, 2004 requirement for a building permit in Section 1.03 of the lease between the City and the Boys and Girls Club. MAYOR SALARY SURVEY: Provide direction regarding a possible increase to the Mayor's salad. PUBLIC HEARINGS: 11. 12. · NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: A. FROM THE ORDINANCE NO. 48-03: An ordinance rezo~ing from POD (Professional Office District) and CD (Conservation District) to RM (Medium Density Residential) for a 0.509 acre portion of the Delray Harbor Club Condominium Development located on the east side of U.S. Highway No. 1, approximatdy 650 feet south of S.E. 10e' Street. If passed, a quasi-judicial public heating will be scheduled for January 6, 2004. 13. ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east sade of Wallace Drive, south of S.W. 10m Street; and, rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Pc/msettia Drive and Georgia Street in conjunction with the Wallace Drive Redevelopment Plan. If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004. ORDINANCE NO. 50-03: An ordinance rezoning from RM (Medium Density Residential) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: 1. South of West Atlantic Avenue, north of N.W. 1't Street, between S.W. 8~' Avenue and S.W. 12m Avenue. 2. East and west sides of S.W. 5t~ Avenue, south of S.W. 1" Street. 3. Northwest comer ofS.W. 1't Street and S.W. 4th Avenue. If passed, a quasi-judicial public he, ring will be scheduled for January 6, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Mar~,g~ B. City Attorney C. City Commission POSTED: DECEMBER E, 2003 12-09-2003 Delray Beach Cultural Loop Public Art Task Force Page 1 of 2 Home Needs Assessment Newspaper Articles Delray Public Art History Developers Questions Board Member Application Meetin.qs Draft Ordinance Call to Artists Links Contact Us Needs Assessment Click below to download study in Microsoft Word for PC Public Art Needs Assessment Stud3 Table of Contents Committee Members Introduction Chapter 1: Arts and Culture: An Essential Part of Delray Beach Beautification Heritage and Historic Preservation Urban Design of the Pedestrian City A Multi-Cultural City Village by the Sea: Promotion and Self-Image Chapter 2: Public Art Needs Assessment Community Needs and Public Art Quantity and Quality of Artworks in the City Design Standards for Individual Buildings and Spaces Chapter 3: Options to Satisfy Needs Voluntary Program Private Development Incentives Private Development Design Requirement City Percent for Public Art Non-Profit Chapter 4: Steps toward the Future Public Art Program and Site Master Plan Sample Projects and Locations Appendix Existing Public Art in Delray Beach Documents Utilized Responses to Questions about Public Art Percentage as Design Guideline Benchmarking Studies: Non-Florida and Florida http://www.delraycormect.com/publicart/id 10.html 12/2/2003 Delray Beach Cultural Loop Page 2 of 2 Enter supporting content here Click on "DelrayConnect" to go to Delrayconnect home page for other art events including ti' Delray Beach Cultural Loop DelrayConnect http://www.delrayconnect.com/publicart/id 10.html 12/2/2003 Delray Beach Public Art Needs Assessment Ocean Ciiy Mural by Anna Evans City of Delray Beach Public Art Implementation Committee Final Draft for Distribution: November 1, 2003 Written by Glenn Weiss, Public Art Consultant Public Art Needs Assessment Final Draft, November 1, 2003 Table of Contents Veterans Park Memorial Committee Members Introduction Chapter 1: Arts and Culture: An Essential Part of Delray Beach Beautification Heritage and Historic Preservation Urban Design of the Pedestrian City A Multi-Cultural City Village by the Sea: Promotion and Self-Image Chapter 2: Public Art Needs Assessment Community Needs and Public Art Quantity and Quality of Artworks in the City Design Standards for Individual Buildings and Spaces Chapter 3: Options to Satisfy Needs Voluntary Program Private Development Incentives Private Development Design Requirement City Percent for Public Art Non-Profit Chapter 4: Steps toward the Future Public Art Program and Site Master Plan Sample Projects and Locations Appendix Existing Public Art in Delray Beach Documents Utilized Responses to Questions about Public Art Percentage as Design Guideline Benchmarking Studies: Non-Florida and Florida 1 2 3 9 16 19 21 Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 1 Public Art Needs Assessment Final Draft, November 1, 2003 Public Art Implementation Committee Appointed Members Rich McGloin, Chair* Blanc de st Croix* Carolyn Pendelton-Parker* Cary Glickstien Sally Still Gonzalez Nancy Davila, City of Delray Beach* Joan Goldberg, Palm Beach County Public Art* * Served on Public Art Task Force in 2002-03 Public Art Consultant Volunteer Members Sarah Wilkenson Norbet Poli Sharon Koskoff Lenore Morris Diane Allerdyce Dorothy Beck* Tim Curlis, Untitled, ArtWalk Glenn Weiss of Delray Beach prepared this needs assessment under agreement with the public art implementation committee. Mr. Weiss has prepared public art plans for the City of Miami Beach, Broward County and King County (Seattle) and operational manuals for Martin County. He managed public art programs for Broward County, King County and the Washington State Convention and Trade Center. In Delray Beach, he coordinated Pineapple Grove ArtWalk and the Delray Beach Cultural Loop. In art and architecture fields, he has managed three visual arts non-profits that sponsored public art, has curated exhibitions of public art in NYC and Seattle, and is an award winning writer on architecture and art in the city. Rian Kerrane, S.U.B. Curiosiiy, ArtWalk Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 1 Public Art Needs Assessment Final Draft, November 1, 2003 Introduction Herber~ Beyer, Retention Ponds, Kent, WA Public Art is no longer just a bronze sculpture on a pedestal in front of city hall. Public art is a complex activity enhancing the physical qualities of a city by utilizing the skills, imagination and thoughtful consideration of artists. In today's world, these artists seek methods to satisfy a broad range of community needs through creative additions or transformations to a particular place. This document, "Public Art Needs Assessment", demonstrates the existing high value and investment the city has placed in art, culture and heritage - the backbone &public art. It goes on to recommend areas of civic concern that have and can be addressed through the work of public artists. The author establishes a minimum service level of the quantity and quality of public art required by the Delray Beach's population size and geography and the requirement of design standards for public art on private and public development. With the establishment of a public art program, a public art ordinance amending the Land Development Regulation implementation guidelines and master plan would be developed and adopted. The potential public art projects mentioned are a reflection of how public art can satisfy many needs in current city documents. Through a future master plan, the City Commission would determine priorities for actual projects Jack Mackey, Dance Step, Seattle Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 2 Chapter 1 Art, Cultural and Heritage Public Art Needs Assessment An Essential Part of Delray Beach Final Draflr, November 1, 2003 Chapter 1 Arts and Culture: An Essential Part of Delray Beach Howard Alan Arts Festival, Pineapple Grove, 2002 The arts have been a longstanding important element of the self-image of Delray Beach. Since the earliest days, musical bands, church choirs and parades have been an essential part of the community's quality of life. In 1919, an all Woman Band would play every Friday night at a bandshell on Atlantic and Fifth Ave East. WWI veteran Lonnie Cook was a member of the 1927 Drum and Bugle Corp that won First Place in the International Championship held in Paris, France. In the 1920-30s, the all black "Silas Green" shows would march through town playing New Orleans Jazz before setting up for three days of vaudeville at Sterling Field (now the Courthouse and Police Station on Atlantic Avenue). In the 1930s, the writers and cartoonists discovered Delray Beach as a winter artist's colony. Icons of American literature like Zora Neale Hurston and Edna St. Vincent Millay visited and spent time in Delray. Permanent resident Theodore Pratt wrote more than 30 books including the famous "Barefoot Mailman". Cartoonists drawing Blondie, Toonertown Folks or Major Hoople were known to be working late into the night above the Tap Room on Atlantic Avenue. Walter Enright was the cartoonist for the National Democratic Party and the Miami Herald. After WWII, the aesthetics set the tone for the City with the annual Gladiolas festival. (Today, the Joint Venture has a flower festival at Veteran's Park every season.) In the 1940s & 50s, Delray Beach was the largest grower of Gladiolas in the nation. The 4-H building located at today's city hall was the rehearsal hall for the community band. In 1948, the Delray Beach Playhouse produced its first play. By the end of the 1960s, the arts began a role in community redevelopment and tourism. In 1966, the Delray Affair featuring fine artists and craftspeople started modestly and then grew into a huge event, attracting 200,000 visitors each spring. In 1977, the Roots Cultural Arts Festival began as an act of community pride and celebration in the African-American community. After the economic downturn of the 1970s and 80s, Delray Beach utilized the arts, heritage and cultural, as a primary method to revitalize the community. In 1988, the City adopted a mission statement still in effect 15 years later - The Mission of the City of Delray Beach is to create a renaissance that enhances the unique cultural, historical, and natural resources which make this an attractive community to a diverse and balanced population. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 3 Chapter 1 Public Art Needs Assessment Art, Cultural and Heritage An Essemial Part of Delray Beach Final Drain, November 1, 2003 The 1990-93 restoration of the Old School Square buildings into a cultural arts center is generally credited as the first step toward the renaissance of downtown Delray Beach that has attracted new residents, visitors, businesses and investors for 10 years. The Joint Venture was founded in 1993 and began the highly successful "Art & Jazz" nights. In 1994, Pineapple Grove Main Street was formed with a significant mission to be an arts district for the community. Murals were painted. The Palm Beach Photographic Centre and Miami City Ballet were attracted as art teaching institutions. In 2001, the Pineapple Grove Way streetscape may have been one of the only streetscapes in the nation to be designed with designated locations for temporary public art. Today, the arts are part of the quality of life expected by the citizens of Delray Beach. Arts festivals at Old School Square include: Roots, Soul ofDelray, Cinco de Mayo and Caribbean festival celebrating thousands of Haitian residents. The Library, City Hall and Cornell Museum have year round visual arts exhibitions. The Delray Beach Playhouse is expanding with a children's theater, and Crest Theater has regular traveling performances. The Morikami Museum has become an international destination of cultural tourism. The City has welcomed the addition of new non-profit cultural organizations such as Milagro Center, EPOCH / Spady Museum, Women in the Visual Arts, Pineapple Grove ArtWalk and Museum of Lifestyle and Fashion History. In addition to the Delray Affair, at least eight other visual arts festivals occur on closed streets or in City parks. Beautification Pineapple Grove Way The sister of the arts - beautification - has been with the community of Delray Beach since the original settlers survived the pioneering days of the 1890s and 1900s. Founded in 1904, the Ladies Improvement Association found the money to create the first beautification project: a single sidewalk down the center of Atlantic Avenue. How fascinating it is to know a citizen, business or govermnent planted every tree in the City of Delray Beach that is not a scrub pine or cabbage palm. For 100 years, the city has taken actions to improve the aesthetics of the city including at various times public infrastructure, landscaping, historic preservation, public art and design review / design requirements. Beautification efforts of the 1950s - 1980s are especially visible in western Delray Beach. The subdivisions, condominiums and apartment developments planted vast numbers of trees and shrubs. Today, new flowers are planted each season, and new entrance signs show the continued social, visual and economic value of beautification. For the renaissance of contemporary Delray Beach, beautification and an improved visual image &the city became a significant element of revitalization starting with the founding of the Community Redevelopment Agency in 1985. Over and over again during the next 18 years, community documents speak of aesthetics; in turn civic money was expended in the belief in social and economic value of aesthetics. The Decade of Excellence Bond in 1989 paid for Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 4 Chapter 1 Public Art Needs Assessment Art, Cultural and Heritage An Essential Part of Delray Beach Final Draft, November 1, 2003 beautification and streetscape projects for Atlantic Avenue, Old School Square, Veterans Park / Marina and others throughout the City. The city spent $ 20 million. Consistently the City and CRA have spent millions of dollars to beautify neighborhoods and significant streets. The 1987 Utility Tax provided four million dollars for the beautification of major thoroughfares and arterial roadways. These contemporary beautification efforts have included public art. Four public artworks were purchased by the city for Pineapple Grove in 1990. Later the CRA sponsored mural on buildings on West Atlantic and Pineapple Grove Way. In 2000, the first temporary outdoor sculptures were installed in the Old School Square parking lot by Pineapple Grove Main Street. Today 15-20 temporary sculptures are installed in Pineapple Grove with support from the CRA and City. Nationally prominent public artists have been hired by the CRA to design the streetscapes for 5th Avenue NW & SW and MLKing Jr. Drive. Heritage and Historic Preservation D¢lray Elementary School 1913 Heritage is the third aesthetic word the City consistently utilizes when speaking of characteristics that contribute to Delray's economic revival and social cohesion. Delray Beach, for a variety of reasons, did not suffer the large-scale destruction of its historic buildings so typical across the United States in 1960s and 1970s. When Delray Beach started seamhing for methods of revitalization in the late 1980s, its heritage was a logical beginning. The passed the Historic Preservation Ordinance in 1987 and designated four historic districts in 1988: Old School Square Historic Arts District, Del-Ida Park District, Nassau District and Marina District. The West Settlers Historic District followed in 1997. The City and CRA has funded heritage through a variety of means. Old School Square (1990- 93), SD Spady House Museum (2001-04) and Cason Cottage Museum (1988-2003) were renovated with public dollars. Historic Banker's Row parking lot and streetscape were completed in 1993 and led to substantial private investment in the historic homes. In 1994, the CRA acquired and moved two historic houses from West Palm Beach to infill Swinton Avenue, north of Atlantic. Fagade grants, historic renovation grants and historic fagade easements programs have been operating for a number of years. In the 90s, the City adopted a program that allows properties applying for a voluntary historic designation to be partially exempt from local property tax increases after restoration. Public art again has played a role in the historic character of the community. Three murals in Pineapple Grove were painted in the mid-1990s to show the early history of the community. Today, nearly every cultural and civic organization is participating in the Delray Beach Cultural Loop, a walking trail of history and art in downtown. In 2003-04, the Cultural Loop will sponsor 10-15 more public artworks on the streets. These artworks will respond to the culture of Delray Beach and provide public plaques telling the history of Delray Beach. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 5 Chapter 1 Art, Cultural and Heritage Public Art Needs Assessment An Essential Part of Delray Beach Final Dram, November 1, 2003 Urban Design of the Pedestrian City R.F, Buckley, Sleep...., AriWalk 2002 Ask any new downtown resident, new developer or new restaurant owner - why are you in Delray Beach - they will say because of the small town atmosphere with lots of urban things to do. They will say - "You can walk to everything." Any urban designer will tell you a successful pedestrian city has a variety of attributes leading to the most important item: people on the street. People attract people. But to start the wave of strolling people, designers expect a consistency of shape and size of buildings, storefrunt activities and smaller things that give ambience, character and intimacy to the public street or space. Public art as sculpture, murals, landscape, street furniture, lighting, manhole covers, fountains, pavement patterns, decorated entrances, columns, balustrades and towers have been crucial to the character and intimacy. Until the 1940s, the artistic attributes of the pedestrian street were a natural collaboration between artists, artisans, architects, builders and the imaginative citizen. In the 1950s, ideas of efficiency and factory production disrupted this essential spirit that constructed the pedestrian city. In the mid-1970s, public art was started by governments as one method to bring back these unique elements of public space and buildings. Now after 30 years, major cities like Philadelphia, Seattle and Phoenix and towns under 100,000 people, like Santa Monica, CA, Sarasota, FL, and Cambridge MA have a substantial number of artist-made elements that are an essential part of their overall pedestrian character and image. Delray Beach has consistently required unique pedestrian details of its streets, public spaces and private development. Both the Site Plan Review and Appearance Board (SPRAB) and the Historic Preservation Board (HPB) review and enforce this quality design in private buildings and public infrastructure. Recommended building colors for several neighborhoods are part of designing and building in Delray Beach. Special lampposts, benches, planting areas, trees, brick pavers, banners and twinkle lights have been purchased and maintained by public agencies. Today, sculptures are part of significant streetscape projects and public spaces on Banker's Row, Pineapple Grove Way and Old School Square. Artist designed elements are now under- discussion for 5th Avenue NW/SW and MLKing Jr Drive. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 6 Chapter 1 Art, Cultural and Heritage Public Art Needs Assessment An Essential Part of Delray Beach Final Draft, November 1, 2003 A Multi-Cultural City Henry Pelissier and Milagro Students, Cultural Loop Without question during the last 15 years, the civic leaders have embraced Delray Beach as a multi-cultural, multi-ethnic and multi-racial community. Its All American City Awards of 1993 and 2001 highlighted the working together of all ethnic groups to solve problems and celebrate the city. Each civic plan and document speaks to issues facing a diverse ethnic and economic city and a desire to respect and to protect the ways of life of ALL citizens. Delray Beach has utilized the arts and culture as the prime method to celebrate this diversity. Photographs of 1914 parades show Japanese floats were welcomed from the Yamato colony. In the last 30 years, Delray's Fourth of July parades have included floats, bands and marching groups from all ethnic backgrounds. Any Art & Jazz or Delray Affair includes artists from all backgrounds. Roots, Soul of Delray, Cinco de Mayo and the Caribbean festival dramatically celebrate Delray's ethnic pride at Old School Square. Milagro Center and the Spady Museum have been established. Old School Square and other cultural institutions have created programming representing all ethnic groups. Public art has been a part of the multi-cultural city through temporary works. African, A~can- American and Hispanic-American artists have displayed work on the grounds of Old School Square and Pineapple Grove ArtWalk. A Japanese contemporary sculpture is displayed north of the Crest Theater. The 5th Avenue streetscape is being imagined with the leadership of African- American artist Gary Moore. The Delray Beach Cultural Loop will include temporary works by African-American and Afro-Caribbean artists. Village by the Sea: Promotion and Self-Image George W. Lundeen, Field of Blue, OSS Delray Beach has a special quality, and this quality is the attraction for residents, tourists and regional customers alike. Cities such as Orlando, Las Vegas or Washington, DC utilize "attractions" as fun as Disney World or as serious as the Lincoln Memorial for its image and promotion. For Delray Beach, the ambiance and character with restaurants, clubs, stores, beach Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 7 Chapter 1 Art, Cultural and Heritage Public Art Needs Assessment An Essential Part of Delray Beach Final Draft, November 1, 2003 and culture are the attraction. The slogan, "Village by the Sea," has been adopted as the umbrella to promote this feeling of the city. Village by the Sea has the spirit of small-scale activities and images. The campaign, now under implementation by the Downtown Development Authority, utilizes the comfort and intimacy of an Adirondack chair. The chair is placed throughout the city suggesting a seat from which to observe and enjoy the community qualities from 1-95 to the beach. Watching by sitting or strolling are also important elements of enjoying visual arts. From museums to sculpture gardens, people casually view and explore the place and the art. Public art, like the "Field of Blue" sculpture of a boy holding a flag at the Cornell Museum or the murals on the Sundy House gates on 1~t Street SW, provide a reason to wander the village. These small art events become part of the memory of a place and can supply the visual images that promote the community. This concept of village derives in part from the original winter artist colony. Delray was a village where artists could rent a very tiny cottage for a few dollars and make their work. In the 1990s, this artist colony was transferred to Pineapple Grove Main Street starting with an arts district plan and more recently a sculpture walk. And Pineapple Grove ArtWalk has always "been a place to stroll among the best contemporary art in a casual setting." Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 8 Chapter 2 Needs Assessment Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Chapter 2 Public Art Needs Assessment 1-95 Sound Wall in SW Delray Beach The history of public art, in the United States and elsewhere, has shown that it contributes to a wide variety of community needs, while providing its basic tenet: free, daily access to high quality artworks. The discussion of public art needs is divided into two parts: (1.) community needs expressed through a variety of community plans adopted by the City of Delray Beach and (2.) cultural needs gained from the experience of 350 governments with public art programs. Public Art Task Force and Implementation Committee Through discussions held in 2002 and 2003, the City-appointed committees for public art identified a number of community needs for public art. · Return to the earlier American Tradition of Artist-made Elements and Artworks as a normal part of the Public and Private Built-environment of the City · Provide Frequent, Free Public Access to Historical and Contemporary Art · Introduce the Public to the Diversity of Contemporary Art and Artists · Assist in the Growth of a Creative Culture that is Vital to the Economic Success of the City and the Individual Citizens · Create Cultural Links across Lines of Race, Ethnicity, Age, Gender, Profession, and Economic Levels · Contribute to Art Education among the City's Youth · Provide better Public Access to the History and Heritage of the City · Support the Cultural Organizations and Other Organizations with Cultural Programming Martha Schwartz, Miami-Dade Airport Soundwall Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 9 Chapter 2 Needs Assessment Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Needs from City Documents Palm Beach County Bus Shelter, Milita~ Trail The following phrases describe a number of Delray Beach needs in which public art can contribute toward solutions. The appendix to this needs assessment includes a printout ora database that catalogues needs and their sources in various documents. · Give Dignity and Public Presence to the City's Many Cultures · Recognize and Celebrate the History of the City · Reinforce the Ambiance and Character &the City · Promote Delray Beach as a Tourist Destination · Enhance and Encourage the Pedestrian Quality and Uses of the Streets · Beautify the City · Enhance Civic Involvement by Citizens and Reinforce A Sense of Ownership · Promote Interaction and Cohesion Among Neighbors · Balance Growth while Maintaining the Quality of Life · Develop Unique Neighborhood Character · Promote Community Facilities such as Tennis Center, Spady Museum, Old School Square, etc. · Be a Culturally Stimulating Community with Urban Amenities in Small Town Increase Transit Ridership · Incorporate Public Art along the Avenue as well as in Neighborhoods: Bus stop signs, plazas and pocket parks were identified as locations for public art. (Treasure Coast Downtown Master Plan) Seattle Bus Shelter and Artists Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 10 Chapter 2 Needs Assessment Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Quantity and Quality of Artworks in the City Any common needs within a city must be quantified. For example, how much water does each person need to drink a day, and what size system of pipes is necessary to get that amount of water to each household? But it is not that simple. The community may have required that at least 20% of people should be able to drink at once requiring pipe sizes larger and stronger than would be needed if only one glass of water was available at a time. So a system of standards has been created across the United States for a reasonable balance between required quantity and desired quality. No national, state or municipal standard exists for public art in terms of quantity. What does exist are 350 state, county and city laws that specify that 0.50% to 2.00% of the construction budgets of various buildings, parks or infrastructure should be spent on public art. These laws have generally been in place for up to 30 years. After a minimum of 20 years, a few cities have reached the tipping point for public art, as it's known in socio-economic theory. At the tipping point, outsiders will recognize the importance of art to the community as a result of the public art. Prospective residents, businesses and visitors will learn and appreciate the art qualities of the community. Artworks will be part of the city's public relations image for tourism and business attraction. Art and artists will be regularly called upon to help provide solutions to non-art community needs. Artworks are included by private development to satisfy community standards and attract tenants or buyers. Before the tipping point, as in Delray Beach today, the role of public art does not reflect the importance of art and culture in the community. When the festivals are over, only a minor number of art occurrences exist on the street. Art galleries struggle, and museum attendance is sporadic because the image of the city does not reflect the reality of art and culture activities. Before the tipping point, as in Delray Beach today, the builders of the infrastructure, architecture and landscapes do not see a necessity to include artworks. They continue the 50 years of 20t~ century architecture of minimal building details. If details like window shutters or balcony railings are provided, they are still mass-produced, without the intimacy of handmade items or artworks that have helped to create the cities admired throughout the world. In the last 30 years, other issues have gone from occasional practice to community standards. These include environmental quality, building design standards, tree canopy preservation, landscape watering, on-site water retention and others. Like these other standards, public art is instituted community by community on their own timetables. Creating the Standards In every service or facility provided by a community, priorities must exist. In public art, the standard method is to prioritize by quantity of people and quality of place. Like many things in public life, equality of access may bend the distribution and locations. Number of Viewers Regarding quantity, locations are prioritized that have a high level of daily use by either pedestrians or passengers in transit or automobiles. For pedestrians, higher-use places tend to be zoned commercial, mixed-use, multi-family or community facilities. An active downtown like Delray Beach with magnet attractors such as Old School Square has the highest pedestrian use. Other examples of high levels are the beach access points, hotels, schools, office buildings, City Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 11 Chapter 2 Public Art Needs Assessment Needs Assessment Public Art in the Life of Delray Beach Final Dral% November 1, 2003 Hall, sports facilities and libraries. Bike trails and walking paths have proved to be excellent places to bring the public in contact with public art. In non-rural areas, single-family neighborhoods and industrial zones have the lowest number of pedestrians. For passengers, a hierarchy of roadways exists that relate to the number of cars per hour. Intersections effectively double the number of passengers. In South Florida, gated residential communities create a higher load of cars at one point offa major arterial as opposed the open street grid of an older community. Industrial areas tend to be in areas of high traffic in order to move products to and from the highways. Quality of Place Frequency does not determine every location. In the Parks Department, a location may be chosen for a new park that is not located in the highest traffic area because there is a desire for a quiet park focusing on nature appreciation. In other cases, the park is the only wetland, so that is where the wetland park is located. Some parks are located to serve a particular group of people rather than a mixed number of everybody. Negative attributes are also considered such as the safety of surroundings. The quality of the place equally affects public art. The art must be used and appreciated. The quality of place can distort its use or even eliminate it. Some types of art cannot be well appreciated in high use areas, since they require a more peaceful place. Other art thrives in the hustle and bustle of a street. In some cases, public art will respond to the needs of a particular group of people, and its value might be lost by moving the work to some busy intersection. And like parks, potential vandalism or unintentional accidents that damage the art must be evaluated. Thirty years of public art practices in the United States and most of world before the mid-20th century has shown that the artworks envisioned or designed at the same time as a building, landscape or other facility result in the most satisfactory place for art, the building and the community. Most American cities have policies to start the artist working at the same time as the architect or engineer. Others go farther, adding the artists to the design team of professionals for the building or place. Public Art Standards Based on quantity of access and quality of place, goals are established for a public art program implementation during a period of 30 to 50 years. This is a minimum time frame to achieve community-wide access. In some communities, public art is targeted at limited geographic areas that can meet the standards within 30 years. But no community has met those standards without the participation of the private sector, since the majority of the city is under private ownership. The standards must be flexible as both the needs of the community and the type of art available changes with time. For example in the last few years, both artistic interests and affordable technology has made video artworks in public settings desirable and possible. Three primary artwork types exist: pedestrian, automotive and monumental. In order to reach the tipping point for these artwork types, different quantities are required in each type of area. High use tourism pedestrian areas 8 artworks per block Medium use pedestrian areas 1 artwork per block and entrances to development High use automotive arterials 1 artwork every three blocks, at each major intersections and entrances to subdivisions and commercial complexes Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 12 Chapter 2 Public Art Needs Assessment Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Medium use automotive roadways Monuments 1 artwork at the key entry points to districts and roads 1 every square mile and significant entry points to the city In addition to the artworks listed above, special locations of the public realm always emerge in the community. For example, the following locations for public art have been heard over time in Delray Beach: the quiet of Orchard View Park, a memorial to the people that settled Frog Alley and a pedestrian path under the Atlantic Avenue Bridge. Statement of Assessment Currently in Delray Beach 20 public and private artworks exist in the public realm - far below the number needed. Of these, 10 have automotive and pedestrian presence, and 10 are pedestrian oriented. Of the automotive works, six are located on major roads: Atlantic, Lake Ida and l0th Street SW. Of the pedestrian works, all but two are within a 300-yard radius of Old School Square. Neither monumental works exist nor do works at the entryways to the city, neighborhoods or developments. No works exist at key automotive intersections. Only on two blocks of Pineapple Grove Way, as a result of temporary artworks, does the number and quality approach the tipping point of public art reflecting the artistic spirit of the community. Satisf~ the Needs The standard practice for public art, as with many community improvements, will be met over time as the community is rebuilt by both the public and private sectors. The costs of meeting the needs in an instant are unrealistic. Delray Beach's public art needs exceed hundreds of artworks and artist-designed elements. Like many other community characteristics, both the public and private sectors are required to participate to the meet the needs. The sooner Delray Beach starts to require public art throughout the city, the sooner the reality of its buildings, landscapes and streets will match the reality of the art, culture and heritage in the city. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 13 Chapter 2 Needs Assessment Public Art Needs Assessment Public Art in the Life of Delray Beach Final DraR, November I, 2003 Design Standards for Individual Buildings and Spaces Design standards have been created to recognize the impact of any given building or site on the social welfare of the community. Consistent design qualities from structure to structure in any community have proven to enhance the community's economic viability. Frequently, this positive impact on the social welfare is incorporated into the community defined "quality of life." In a competitive civic environment such as southeast Florida, the positive visual image of the community contributes to the community's ability to attract new business, new residents and new visitors. Design standards could be divided into two parts: building and site. Typical building attributes for standards across the USA include: building height, building width, modulation of the fagade, materials, colors and decorative elements such as balconies, awning and trellises. Site elements are intended to enhance the public realm such as setbacks, sidewalks, lighting and landscaping. All of these elements are aesthetic preferences. Quantitw To prepare this needs assessment, email questions were sent via a number of national and international web distribution systems including the largest: The Public Art Network of Americans for the Arts. Across the USA and United Kingdom, 1% of the construction costs has become the norm to create artworks in scale with the facility. The opinion of the experts was dollar value best reflects the scale of the building or site rather than some attempt to define the standard in square feet or other size definition. Most experts also believe 1% is frequently too Iow a percentage to achieve the goals of the community. Money also reflects the reality that a more expensive, but smaller artwork by a very talented artist can have more design impact than a larger artwork by an inexperienced artist. (See the appendix for quotes.) Therefore, with the experience of hundreds of agencies and experts worldwide, the design quantity of the artwork to positively affect the building or site should be 1% of construction cost. This 1% is just for art and does not include project management costs, site preparation and long- term maintenance. Quality Artwork can completely fail if the quality does not match the specific design situation and community needs. The quality is essential to its success. The determination of quality is extremely difficult as definitions change from community to community and even within a community. Again looking to the experience of the public art agencies, artwork selection or approval of artworks has been best decided by an educated group of people equally representing the arts and broader community. Thirty years of American experience has verified the success of the process. In regards to private buildings, arts consultants are frequently hired who understand the approval body and can find artworks that satisfy the builder and approval body. Statement of Assessment Of all the site and building developments during the last ten years, only Ocean City Lumber of Pineapple Grove Way and the Sundy House on First Avenue SW has commissioned artworks for the public spaces and designed them into the building or site architecture. Very limited other designed building elements are found. The best of these designed elements are the entryways to Delmy Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 14 Chapter 2 Needs Assessment Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 residential developments. Others that do exist am mainly created by the tenant in order to attract customers. When the tenant leaves, so does the enhancement. Satisfy the Needs History has shown only a tiny minority of developers and builders will voluntarily meet the design standard needs for public art. As more than 20 American cities with populations between 10,000 and 130,000 have done, Delray Beach should require new and renovated private development to incorporate public art into the building, facility or landscape. The quantity shall be established as the amount purchasable by 1% of the building cost. The quality shall be selected or approved by a committee of people representing the arts and the community as a whole. If the developer cannot create artworks on the site, the developer shall contribute the dollars to a trust through which artworks in the same section of the city as the development can be purchased. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 15 Chapter 3 Options to Satisfy Needs Public Art Needs Assessment Public Art in the Life of Delray Beach Final Drat~, November 1, 2003 Chapter 3 Options to Satisfy Needs As the needs for public art have been clarified for the City of Delray Beach, this study examines the solutions to satisfy the needs. Each section defines the systems, describes the advantages and disadvantages, estimates the probable outcome based on national public art experience and Delray Beach circumstances. Voluntary Program Definition: The City of Delray Beach encourages public art on public and private property. Requirements: An assigned advocate - person or committee - for public art. Need public relations materials, how-to information and professional advice. LDR's amended to permit public art in various places on public and private property. System and criteria for approval bodies such as SPRAB and HPB regarding public art. Advantages: Public art occurs in a supportive environment of agencies, developers and property owners who wish public art. Disadvantages: No guarantee any public art will occur. Quick frustration by advocates if limited results. Probable Outcome: Throughout the USA, voluntary programs have resulted in almost no permanent public art. More frequently, these programs created loan artwork exhibition such as Pineapple Grove ArtWalk. Where permanent private sector public art does occur, the government encouragement was unnecessary. Delray Beach Results: Very little permanent public art over time. Will not satisfy needs. Incentive Program Definition: The City of Delray Beach provides incentives to property owners to purchase and install public art. Requirements: An assigned staff person to coordinate public art review in conjunction with review of entire proposed project. Need clear artwork criteria for developers plus a system with criteria for approval bodies such as SPRAB and HPB regarding public art. Land Development Regulations must be amended to permit public art in various places on public and private property. Advantages: Public art occurs in a supportive environment of agencies, developers and property owners who want public art. Disadvantages: This program is frequently effective on very large-scale developments where many options exist for site plan development. Many major cities adopted these programs in the 1960s for skyscrapers. In tight, small-scale developments with sets of other important community criteria, it is usually very difficult to find incentives acceptable to the community. Probable Outcome: System produces artwork in a minority of development circumstances and primarily on large-scale development. Very few largewscale development sites likely to be redeveloped in the future. Delra¥ Beach Results: Very little permanent public art over time. Will not satisfy needs. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 16 Chapter 3 Options to Satisfy Needs Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Private Development Design Requirement Definition: The City of Delray requires public art as a design requirement on construction projects. Requirements: An assigned coordinator - person and/or committee - for public art. Need clear artwork criteria for developers, application forms, how-to information and professional advice. Public relations program to promote programs and commend private developers. LDRs amended to permit public art in various places on public and private property. Process and criteria for approval bodies such as SPRAB and HPB regarding public art. Advantages: Guarantees public art on new construction projects or in the vicinity of new construction. A steady stream of new artwork to promote the city and contribute to the art access by the citizens. Disadvantages: Adds to the cost of development and requires participation in un-supportive situations. (In-lieu fee allows un-supportive parties to meet the requirement) Probable Outcome: A steady stream of new public art and enhancement buildings over many years. Cities that have achieved success have required a minimum of 15-20 years. No city has reported a drop in development due to the fee, and no city has rescinded the ordinance in the USA. Delra¥ Beach Results: Slow steady production of artwork throughout the city. Will partially satisfy needs. City "Percent for Art" Program Definition: The City of Delray Beach self-imposes a percentage set-aside of construction projects for artworks associated with the construction or anywhere in the city. Requirements: An assigned coordinator - person and/or committee - for public art. Need public process for artwork selection, administration for project management and long-term maintenance program. Public education program regarding public art and the actual artworks selected. Usually a public art committee is established with approval authority. Advantages: Guarantees public art at new public facilities or in other public places as deemed appropriate. Disadvantages: Adds to the cost of public capital construction by the pementage. Probable Outcome: In smaller cities with limited capital budgets, the program results in public access to artworks at government facilities. In larger cities with multiple public art programs (city, county, state, transit, airport) the effect is very significant after 15-20 years. Delra¥ Beach Results: Improved public facilities and access to art by citizens. Very limited impact on visitors and commercial areas. By itself, the limited construction budgets of Delray Beach will not lead to a strong sense of an arts community. Will not satisfy need. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 17 Chapter 3 Options to Satisfy Needs Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Public Art Non-Profit Note: The Public Art Non-Profit model is a management and fiscal strategy for a voluntary program or a program with a steady stream of funding from public and/or private sources. Definition: The City of Delray Beach assigns the management of its public art program to a non- profit agency dedicated to public art. Requirements: A legal non-profit agency and a contract assigning management to the agency. Fiscal management and land use approval processes require coordination with city that will have final authority over the expenditure of public dollars. Advantages: Removes the management responsibilities from the city. Guarantees an arts- dedicated focus from the staff. Will raise money from other private and public sources to expand the scale of the public art projects, education and citizen involvement. Disadvantages: May have a higher cash management cost due to organizational and reporting requirements of the independent organization. Separates the public art staff from city staff resulting in some reduction of communication and loss of some potential unforeseen collaborations. Probable Outcome: Additional public artworks throughout the community with an enhanced education and community participation. Private individuals and corporations are likely to support additional artworks. Foundations and grant organizations are likely to support education and community participation. In many cities including Miami Beach, Sarasota, Lakeland and even New York City, the public art projects of non-profits frequently capture the public attention and participation. The vast majority of"Chicago Cow" projects were produced by non-profits. Delrav Beach Results: When added to a steady funding stream from public and/or private construction, the non-profit will result in funding more public art and a diversity of project types throughout the city. Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 18 Chapter 4 Steps Toward the Future Public Art Needs Assessment Public Art in the Life of Delray Beach Final Dral% November I, 2003 Chapter 4 Steps Toward the Future To satisfy the deficit in public art as established in the needs assessment, a number of actions are required. These are as follows: Verify the Needs Assessment and Prepare a Site Master Plan Through public meetings, the City of Delray Beach should verify the needs assessment and select a method of funding and management. The citizens will also recommend a site master plan with priority projects with locations, budgets and purposes. Consider and Establish a Public Art Program by Ordinance. With the needs assessment, funding system and site master plan, the City Commission should consider and establish a program. Upon approval of the program, the program guidelines and management should be created. As has been presented, the Public Art Task Force recommended a program implemented by the private sector and public sector with management by a public art non-for-profit corporation. Amend the Land Development Regulations Beyond any particular public art program, the LDR's need amendment in general to permit the installation of art on public and private property. Possible Art Sites in a Master Plan Based on the community documents reviewed to create this needs assessment, public art could be sited at the following locations to assist the city in meeting its goals. These are possible projects that the public art master plan might include. Specific Gateways into Downtown Delray Beach Atlantic Avenue entrance from 1-95 Federal Highway entrance from Boynton Beach Federal Highway entrance from Boca Raton Interactive Kiosks for City Information and Communication City Hall at 100 1st Street NW Library at 104 West Atlantic Avenue Pompey Park at ML King Jr. Drive and 12th Avenue NW Delray Community Center at 1st Street NW and Atlantic Avenue Veteran's Park at East Atlantic Avenue and Intracoastal Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 19 Chapter 4 Steps Toward the Future Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November l, 2003 Artwork as an image to promote the Tennis Center Tennis Center on West Atlantic Avenue Design integrated and other artworks for the Redevelopment of 5th Avenue NW & SW 5th Avenue NW & SW between 1st Street SW and 2nd Street NW Village Square at 5th Avenue SW and West Atlantic Avenue Frog Alley Village Green at 5th Avenue SW and 1 st Street SW New bus shelters or applied element to bus shelters to enhance ridership Bus shelters located throughout Delray Beach Uniquely created street furniture to enhance the character of pedestrian streets 4th Avenue NE streetscape 5th Avenue NW & SW streetscape West Atlantic Avenue between 12th Avenue SW and Swinton Avenue Traffic calming with artist designed elements to create points of orientation Southwest neighborhood Artist designed special and neighborhood responsive open spaces and pocket parks Northwest neighborhood in Downtown area Southwest neighborhood in Downtown area Artist inventive methods to transform 1-95 soundwall into community amenity Proposed park at 1-95 and SW First Street Other potential landscape against soundwall in NW and SW neighborhoods Enhance the special character of potential new park facilities West Atlantic Community Center Teen Center and Skate Park at Women's Club Site on South Federal Highway Icons and other artworks in/on/above the sidewalks to encourage walking between city parks and other facilities Many multipurpose trails in Parks Master Plan following the various roads such as Barwick, Atlantic, Homewood, Germantown, Linden, Swinton, ML King Drive NW, 2nd Street SW, 8th Avenue SW, 10th Avenue NW, AIA and Linton Ave Design integrated and other artworks for the NE 8th Street and Federal Highway intersection Murals or other artwork adding interest to pedestrian connection under Atlantic Avenue Bridge Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 20 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Drain, November 1, 2003 Appendix Tom Askman, Seattle Loraa Jordan, Kent Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 21 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1,2003 Existing Public Art The existing public art is matched with same standard definitions for public art throughout the United States. That definition includes unique works of art created by recognized professional artists. Many elements exist in all parts of the city that are aesthetic in nature, but would not qualify as public art. These include mass produced artworks and architect designed fountains, entranceways, signs, landscapes, street furniture and decorative building elements. NE Quadrant Publicly Owned Sonya Jaffee, Sonata Dada David Alan Langley, "Dancing People," 1990, NE First Avenue & Second Street NE Jane Manus, "Broken Open," 1990, NE First Avenue & Second Street NE David Gouchenhour, "Parking Meter People," 1990, NE First Avenue & Second Street NE · Sylvia Jaffee, "Sonata", 1997, Pineapple Grove Way NE north of Atlantic · George W. Lundeen, "Field of Blue", 1993, On Atlantic Avenue at Swinton Avenue · Miyazu Japan Sister City, "Abstract," 1997, On First Street NE at Swinton Avenue · Sharon Koskoff, Hats & Shoes Murals, 1998, Atlantic High School · Sharon Koskoff, Murals on Eleven Portable Buildings, 1999, S.D. Spady Elementary School, Lake Ida Road and 8th Avenue NW (Maybe demolished with future remodel) · Veteran's Park War Memorial, East Atlantic Ave at Intracoastal Privately Owned · Anna Evans, Two Historical Murals, Ocean City Lumber, P.G.W.NE north of Atlantic · Sharon Koskoff, Loves Drug Mural, 1993, Pineapple Grove Way NE at First Street NE · Sculpture Gateway, DADA Restaurant, 52 North Swinton Avenue Sculptures on Loan to Pineapple Grove Main Street in 2003 · Robbie Barber, "Texas Two-Step", 2000. · Peter Reiquam, "V-Twin Special Edition", 1993 · Shaun Cassidy, "Dark Stance", 2000, · Tim Curtis, "Untitled", 2000, · Dominique Labauvie, "Musical Lines", 1999 · R.F. Buckley, "Sleep that Knits Up the Ravelled Sleeve of Care", 1992 · Sandy Gellis, "Florida Rain", 2002 · Rian Kerrane, "S.U.B. Curiosity", 1997 · J. Paul Sires, "Va, Ra", 2000 · John Martin, "Classical Dog", 2002 · John Martin, "Catapult", 2002 Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 22 Appendix Public Art Needs Assessment Existing Art and Resource Documents Public Art in the Life of Delray Beach · David Floyd, "Untitled", 1993 · Rudy Rudisill, "Temple", 2000 · Joshua Levine, "Pastel Pastoral", 2001 · Arturo Correa, "La Quinta", 2003 · Carlos Alves, "Pineapple Bench", 2003 · Leslie Fry, "Big Dress", 1995 Final Draft, November 1, 2003 SE Quadrant Publicly Owned Sharon Koskoff, The Peaceable Kingdom Mural, · Sharon Koskoff, The Peaceable Kingdom Mural, 1996, Pine Grove Elementary School, On l0th Street SW at SW 4th Avenue · Sharon Koskoff, Reaching for the Stars Mural, 1996, Delray Full Service Center Privately Owned · Sharon KoskolT, Fishing Mural, 1995, Parker's Kitchen Building, On West Atlantic at 8th Avenue SW · Sharon Koskoff, Mural #2, 1995, Parker's Kitchen Building, On West Atlantic at 8th Avenue SW · Unknown Artist, Sundy House Gate Murals, in the 00 block of 1st Street SW and in the 100 block of 1 st Avenue SW SW Quadrant Publicly Owned Monastery of St. Clare Running Man · None Found Privately Owned · Artist Unknown, Running Man, Private House, Germantown Road to the west of Homewood Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 23 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Drat~, November 1, 2003 · Artist Unknown, The Virgin Mary, Monetary of St. Clare, Sherwood Road · Artist Unknown, Mirror Glass Artworks, Private House, Sherwood Road NWQuadrant Publicly Owned Sharon Koskoff, Japanese Mum[ of Honor · Sharon Koskoff, Japanese Mural of Honor, 1996, Carver Middle School, Atlamic Avenue at Barwick Road Privately Owned · None Found Planned Public Art 54 Avenue NW NE Quadrant Publicly Owned · Gary Moore, 5th Avenue NW Streetscape, Installed in 2004 · Gary Moore and Rick Lowe, MLKing Jr Drive Memorials, Plan for Art in 2004 · Rick Lowe and Glenn Weiss, Cultural Loop Design, 5th Avenue NW & MLKing Dr & Pineapple Grove Way, Plan for Art in 2004 Sculpture on Loan for the Cultural Loop · Artworks by Jody Servon, George Gadson, Rick Lowe, Sharon Koskoff, Blanc de st Croix SE Quadrant Publicly Owned · Gary Moore, 5th Avenue SW Streetscape, Installed in 2004 · (Artist will be selected in fall, 2003), South Palm Beach County Courthouse, Atlantic Avenue and 3rd Avenue SW, Installed in 2005 · Rick Lowe and Glenn Weiss, Cultural Loop Design, 5th Avenue SW & 2nd Street South and 2nd Street SE, Plan for Art in 2004 Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 24 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 Sculpture on Loan for the Cultural Loop · Artworks by Jody Servon, Henry Pelissier, Kathleen Holmes, Charo Oquet, Rick Lowe NW Quadrant · None Known SW Quadrant · None Known Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 25 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 City Documents Utilized Title Author Date Publisher SW Area Neighborhood Redevelopment Plan Downtown Delray Beach Master Plan JEG Associates Treasure Coast Regional Planning Council 2003 City of Delray Beach 2002 City of Delray Beach 2002-03 City Budget City of Delray Beach 2002 City of Delray Beach Visions 2010 Policy FAU 2001 City of Delray Beach Partnership for Redevelopment Lyle Sumek Assoc 2001 City of Delray Beach Community Redevelopment Plan North Federal Highway Redevelopment Plan Delray Beach CRA Delray Beach Planning & Zoning 2001 Delray Beach CRA 1999 City 0fD?!ray Beach Visions 2000 Policy FAU 1998 City of De!ray Beach Seacrest / Del-Ida Park Delray Beach Planning & Neighborhood Plan Zoning . 1998 .City ofDelray Beach Pineapple Grove Neighborhood Pineapple Grove Main Pineapple Grove Main Plan Street 1998 Street Visions 2005 Policy FAU 1994 City of Delray Beach Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 26 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Drain, November 1, 2003 Responses to Question about Public Art Percentage as Design Guideline The following email was sent to hundreds of public managers and consultants across the United States and United Kingdom. "Good Morning Public Art Consultants, I am seeking any thinking or programs or documents that attempt to quantify the amount of required/recommended public art in any methods EXCEPT money. Ideas like size, number, reputation, percentage of plaza or facade, etc. If nothing exists in this area, has anyone done a study of the visual impact of various % rates..5%, 1%, 1.5%, 2% You help is much appreciated." Glenn Weiss Consultant in Public Art Delray Beach Cultural Loop www.delrayconnect.com www.glennweiss.com 561-512-1218 Sent September 8, 2003 to British and American Public Art Administrators "I have looked at development regulations (which includes Public Art Requirements for the most parO from many cities and all of them tied the requirement for Public Art to a percentage of the development or construction cost. Before we developed Tampa's Downtown Plan we visited cities that were considered to be the front runners relative to quality of life issues and those cities worked from a percentage of development." Wilson A. Stair Jr. Land Development Coordination City of Tampa September 9, 2003 As a long time public art advisor, I too have been aware of the problems with 1% for art designations, which is usually compounded with a cap on public art projects. I have studied other places other percentages. In Europe 2% is customary and practical. Public art is a construction project as well as art. Its materials, engineering, safety factors put a burden on the art part ..... I wouM be happy to continue this conversation. I am currently writing a book about percent for public art including issues of process, problems and patronage. Joyce Pomeroy Schwartz works of art for public spaces. 17 West 54th Street New York, NY 10019 212 245 6468 September 9, 2003 Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 27 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Draft, November 1, 2003 I can tell you that all private development standards that I'm familiar with respect to these ventures deals with some sort of a flat percentage of construction formula, usually a factor between l - 2%. I personally think that it's a very challenging proposition to attempt to draft a viable formula where an actual dollar value is not used as part of the equation. In my mind, any other proposition would leave the door wide open for private development to contest applicability, because I do not believe there are currently any other precedents, other than a percentage to construction value. Samuel Delgado Public Art Projects Administrator Miami-Dade Art in Public Places 111 N.W. lst Street Suite 610 Miami, Florida 33128-1982 Main Tel.: (305) 375-5362 September 9, 2003 I see that you have sent your query to a number of public art consultants here in the UK, I think drawn from the list of consultants on www.publicartonline.org, uk. I have put the query on the Notices section of the site to see if any of the wider visitorship to the website (8,000per month, including significant numbers from Germany and the Netherlands) come up with anything for you. A bit offeedbackfrom Public Art South West (England) is that the type of work, size etc all relate directly to the context of the site or development, not necessarily to the money available; people often have to raise extra funds in order to achieve budget shortfalls against the artists'proposals. PASW encourages people to develop a commissioning plan for the development - looking at what is possible - lighting, integral workx and so on - then cost it up and see whether the percentage (normally 1% but not always) will cover it. I personally have never seen public art input measured in any way except money - which is not a method of defining the art, simply a mechanism for securing budgetary provision for art within an overall development (ie the other way round) Joanna Morland Public Art South West United Kingdom joanna~j omorland.f9.co.uk September 11, 2003 Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 28 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Drat~, November 1, 2003 Benchmarking Study: National Examples The consultant contacted 24 cities in the United States with public art programs that involved private development. The cities range from 10,000 to 160,000 in population with a median city size of 40,000 and a median geographic size of 14 square miles. The study did not examine large city programs such as Philadelphia or Los Angeles, although these programs are excellent examples of the economic and artistic impact of public art on the city. Public Art Program Brea, CA Tempe, Laguna Sedona, Palm Culver Benchmarking Study: Non-Florida AZ Beach,CA AZ Desert,CA City, CA City Population 34,000 160,000 28,000 10,000 42,000 40,000 Square Miles 6 40 10 10 25 6 Assessed on Private & Public Private Development Only Year Ordinance Adopted with 1984 1991 1986 2000 1986 1988 Private Development Percent for Art 1% $0.36/sf 1.25 - 1% 1 City Wide or Targeted Area Only City-wide City-wide City-wide City-wide City-wide City-wide Public Art Committee Option to Pay In-Lieu Fee American Programs Utilizing Non-Profit Management The consultant utilized the Public Art Network to discover any programs managed by non-profits. Fort Worth, TX Houston, TX Memphis, TN Portland, OR Scottsdale, AZ Arts Council of Fort Worth and Tarrant County Cultural Arts Council of Houston and Harris County Urban Art Commission Regional Arts & Culture Council Scottsdale Cultural Council Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 29 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Dra~, November 1, 2003 Benchmarking Study: Florida Examples The consultant researched all public art programs in Florida. Six cities have programs funded by fees or design requirements for private development. Coral Springs passed its ordinance on November 18, 2003. Broward County and Miami-Dade County have voluntary programs. To date, no private developer commissioned public art in Broward or Dade via the program. Public Art Program Tampa Palm Coral Sarasota Stuart Miami Benchmarking Study: Florida Downtown Beach Springs Beach Gardens City Population 51,000' 35,000 118,000 53,000 15,000 90,000 Square Miles 1' 55 24 26 6 7 Assessed on Private & Public ff ff ,/ ~ Private See Development Only Note** Year Ordinance Adopted with 1997 1989 2003 1989 2003 2000 Private Development Percent for Art 0.75% 1% $0.50-.20 0.5% 1% 1.5% per sq fi City Wide or Targeted Area Only Targeted City-wide City-wide Targeted Targeted City-wide Areas Areas Areas Public Art Committee ff ff ff ff ff ff Option to Pay In-Lieu Fee ff ff ff' ff ff ff Note: **Miami Beach ordinance applies only to private development on public property * Tampa is the downtown population and square miles, not the entire city. Florida Public Art Programs: Public Sector Only Funding Government Year Started Percent Broward County 1976 2.0% Gainesville 1989 1% Hillsboro County 1989 1% Jacksonville 1997 1% Martin County 1997 1% Miami-Dade County 1973 1.5% Monroe County 2001 1% Orlando 1983 1% Palm Beach County 1977 Direct Appropriation Pinellas County 2000 1% Sarasota County 1993 1% St. Petersburg 1991 1% State of Florida 1977 0.5% Volusia County 1990 1% West Palm Beach 1977 1% Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 30 Appendix Existing Art and Resource Documents Public Art Needs Assessment Public Art in the Life of Delray Beach Final Drat~, November 1, 2003 Programs in Florida Utilizing Non-Profit Management Jacksonville Monroe County Martin County Cultural Council of Greater Jacksonville Florida Keys Council for the Arts The Arts Council of Martin County Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 31 Leftover Stuff for Possible Use Draft September 20, 2003 Delray Beach Public Art Implementation Committee Prepared by Glenn Weiss, Consultant in Public Art Page 32 Page 1 of 1 Harden, David From: Glenn Weiss [gw@glennweiss.com] Sent: Tuesday, December 09, 2003 9:57 AM To: Jonlevinson@compuserve.com; delraycommish@aol.com; delcommish@hotmail.com; colonna@ci.delray-beach.fl.us; Ruby@ci.delray-beach.fl.us; Butler@ci.delray-beach.fl.us; Harden@ci.delray-beach.fl.us; jonlev@bellsouth.net; sarah70@adelphia.net; Amheremail2@aol.com Subject: Public Art Presentation Tonight Mayor, Commissioners and Mr. Harden, The Public Art Implementation Committee looks forward to its presentation tonight. I hope you have enjoyed reading the Needs Assessment. In addition to reviewing the main points of the Needs Assessment, the committee will present its plan to move forward to a Public Art Master Plan for Delray Beach. The Master Plan will do three things: 1. Hold public workshops for the citizens and leaders of Delray Beach 2. Create a list of priority public art project locations, project types and project partnerships. 3. Present methods to structure a public art program for Delray Beach. Next April, the committee hopes the City Commission can accept its Public Art Master Plan and select a method for a public art program. With that decision the implementation committee or other groups would move forward with the development of any permanent committees/organizations, any ordinances and any policies & procedures. Attached is the two page proposal for the Master Plan. All amendments are desired and welcomed. Thank you. Glenn Weiss Consultant in Public Art Delray Beach Cultural Loop www.delrayconnect.com www.glennweiss.com 561-512-1218 *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 12/9/2003 De[ray Beach Public Art Master Plan Draft: Dec 9, 2003 Section One: Section Two: Section Three: Section Four: Section Three: Appendix: City of Delray Beach Public Arts Master Ptan Draft Table of Contents Executive Summary The Ptannin~ Process · The Process · Delray Public Arts Imptementation Committee · Community Invotvement: Workshops and Focus Groups o Community Workshop(s) o City Staff Focus Group o Key Stakeholders Focus Group The Vision · History of Public Art in Delray Beach · Goals / Objectives of Program · Recommendations Proposed Future Projects Locations and Types · Neighborhood · Signature · Civic Spaces and Streetscapes · Community Invotvement / Education · Recommendations ~t Priorities Program Options** · Voluntary Program · City "Percent for Art" Program · Non-Profit Arts Organization · Private Development Incentives · Private Development Design Requirement · Recommendations Financial ProJections Management Long Term Maintenance ***Program Options Each program option wit[ contain a description of the option, management requirements, annual operating budget, five-year revenue E expenditure estimates and projected art program results in the city. i Deiray Beach Public Art Master Plan Draft: Dec 9, 2003 Schedule 1. Sign New Agreement with Consultant Et Assistant: December 31, 2003 2. Workshop(s) and Focus Groups: Early Et Mid-February 3. Draft Master Plan completed by March 31st for general review Option 1 4. Presentation of Master Plan to City Commission for Ordinance Direction E Changes in April '04 5. Presentation of Master Plan Et Draft Ordinance at DDA, Chamber, CRA and Citizens in May '04 Option 2 4. Presentation of Master Plan at DDA, Chamber, CRA and Citizens in April 2004 5. Final draft Master Plan for presentation to City Commission in May 2004 Management of Process · General Management by the Public Art Implementation Committee · Workshops Et Focus Groups Managed by Assistant. Facilitated by Committee Members · Master Plan written by Committee with the Consultant Community Outreach Et Focus Groups The master plan process will include special outreach to the diverse citizenry of De[ray Beach to ensure that many people have an opportunity to recommend overall program direction, management and specific pub[ic art projects. The genera[ questions to be address by the citizens include: 1. What are your wishes for public art in the city? How much art? Where is the art? What kind of art? 2. What are your concerns about public art in the city? 3. What public art opportunities or partnerships would you recommend? As per most De[ray Beach planning processes, these workshops will not contain a discussion of funding strategies. Stakeholder Group 1. Mayor and City Commissioners 2. City Manager 3. Chamber of Commerce: Executive Director 4. Joint Venture Et DDA: Executive Director 5. Chairs of DDA, CRA, SPRAB, HPB, WARC 6. Staff and/or Chairs of Delray Beach Cultural A[[iance Organizations City Et 1. 2. CRA Staff Group Assistant City Manager City Community Improvement Department: Director, Building Official, Horticultural[st, Code Enforcement Officer and Neighborhood Pro8ram Specialist 3. City Finance Department: Director 4. City Parks Department: Director §. City Planning and Zoning: Planning Director and staff supporting SPRAB and HPB 6. City Environmental Services: City Engineer 7. CRA: Urban Designer, WARC Manager Et PGMS Manager 8. CRA Downtown Design Guidelines Consultant MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF DECEMBER 9. 2003 RESOLUTION NO. 80-03 DECEMBER 5, 2003 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 638 N.W. 53~a Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 80-03. Agmemo. Emerg.boatdup. Res No 80.03 RESOLUTION NO. 80-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELEAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE~ CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 80-03 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2003. day of ATTEST: MAYOR City Clerk Res. No. 80-03 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: CHARLES WATSON MAH~ING ADDRESS: 3946 NE 5t~ AVENUE FT. LAUDERDALE, FL 33334 PROPERTY ADDRESS: 638 NW 53r'l AVENUE LEGAL DESCRIPTION: N40' OF LOT 18 (Less WI¥ N 5.09' SR 809 Rd RfW) BLOCK 8, PINE TRAIL SECTION 4~ PLAT BOOK 35~ PAGE 151 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY~ FL YOU, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 645.85 .by resolution of the City Commission of the City of Delray Beach, Florida, dated ~ 2003 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 9/18/03 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X__You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Constxuction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. 4 Res. No. 80-03 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on October 16~ 2003 at a cost of $ 645.85 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED 1N THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 80-03 TO: THRU: ~:ROM: SUBJECT: DAVID T. HARDEN, CITY JEFF COSTELLO, ASSISTAI~A~NING DIRECTOR WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF DECEMBER 9, 2003 **CONSENT AGENDA** ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH ST. PAUL'S AMECHURCH. The action requested of the City Commission is acceptance of a five foot (5') right-of- way deed for NW 5th Avenue associated with a site plan modification for St. Paul's AME Church, located at 119 NW 5th Avenue. At its meeting of December 4, 2002, the Historic Preservation Board (HPB) approved a COA and associated Class II Site Plan Modification and Landscape Plan for the construction of a 24 space parking lot on a vacant parcel associated with (to the west of) St. Paul's AME Church, with the condition that the east five feet (5') of the property be dedicated for NW 5th Avenue right-of-way. Pursuant to LDR Section 5.3.1, the required right-of-way width for NW 5th Avenue is 60' and 40' exists. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions in the required right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG) for existing streets. As NW 5th Avenue is an existing street, the DSMG and City Engineer determined that a right-of-way width of 50' for this section of NW 5th Avenue would be sufficient. Therefore, five feet (5') of right-of-way must be provided with this site plan modification. The Assistant City Attorney has reviewed the right-of-way deed for legal sufficiency and form and determined it to be acceptable. By motion, accept the five foot (5') right-of-way deed for NW 5th Avenue associated with St. Paul's AME Church. Attachments: Location Map, Site Plan, and Right-of-Way Deed. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this 20th day of October , 200_3, between St. Paul African Methodist Episcopal Churql~,ith a mailing address of 119 1~/ 5th Avenue Delray Beach, FL 33444 ., as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictiOns, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the rifle to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. J~ohnS S8ES: (Name printed or typed) garneatine Atria_eton (Name printed or typed) PARTY OF THE FIRST PART l~tlton Bromafield (Name printed or typed) 119 ~ 5th Avenue Belray Beach. FL 33444 (Address) STATE OF COUNTY OF The foregoing, instrument was ackndwledged befol:e me this ~ day of (name of officer or agent, title of officer or agent), of :g ~' ~ /gl /r7 &-- O~ ~,uLj~< j~ (name of corporation acknowledging), a (state or place of incorporation) corpora$ion~on behalf of the corporation. He/She is personally known to me or has produced ~t~-~ ~vo*'a ,~r,.~ (type ofxdentlfication~identfficatlon. of Willia~ M. Young Name Typed, Printed or Stamped 2 SKETCH OF DESCR ON L 0 T 8, MELVIN BURDS SUBDIVISION OF N.. I/2 OF BLOCK 19 (PLA T BOOK 11, PAGE 75) 5°0'-- N. 89'09~ ,5.0' [SOUTH LINE BLOCK 19 20.0' L 1 NO TES: THIS IS NOT A SURVEY ~ = CENTERLINE THE EAST LINE OF BLOCK 19 IS ASSUMED TO BEAR N.O°OO'OO"E. DESCRIPTION: THE NORTH 100.0 FEET OF THE SOUTH 306.0 FEET OF THE EAST 5.0 FEET OF BLOCK 19, TOWN OF LINTON (NOW DELRA Y BEACH), ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE ,7 (SHEET 2), PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORIDA. 20.0' · -- EAST LINE BLOCK 19 ORDER NO. 81-269"RW" EXHIBIT "A " SHEET I OF 1 PAUL O. ENGLE SURVEYOR AND MAPPER //5708 DA TE: FEB. 4, 200.3 O'BRIEN, SUITER & O'BRIEN, INC CERTIFICATE OF AUTHORIZATION ~LB.55.3 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D, ENGLE 2601 NORTH FEDERAL HIGHWAY DELRAY BEACH FLORIDA J,~483 (561) 276-4501 (561) 732-,.7279 N.W, 6TH AVE. 5TH I SWINTON 4TH AVE. 3RD N.W. 2ND 1ST AVE. AVENUE HI,OH ST. PAUL A. ME. CHURCH ' MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~;~ ~ -REGULAR MEETING DECEMBER 9, 2003 UTILITY IMPROVEMENT AGREEMENT/PORTA AL MARE. L.L.C. DECEMBER 5, 2003 This is before the Commission to approve a utility improvement agreement between the City and Porta al Mare, LLC., developers of Porta al Mare, in the mount of $12,120.00 for the installation of 132 feet of new water main in the alley that runs notch of N.E. 1't Street between northbound and southbound Federal Highway. The development conditions include the developer paying the cost of an additional 245 feet water main within the same public right-of-way to serge the proposed devdopment. Funding is available from 442-5178-536-63.50 (Water Main Upgrades). Recommend approval of the utility improvement agreement with Poma al Mare, L.LC. for inst~!htion of 132 feet of new water main in the alley that runs north of N.E. 1't Street between northbound and southbound Federal Highway. S:\Ci~ Clerk\agenda mexno~\2~xx~nem. Utilit~.lmptovement. Por ta al Maxe. l~.09.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P E ~'~~ 02 Dec 2003 Porta al Mare Utility Improvement Agreement Commission Agenda The attached agenda request is for Commission approval/authorization for Mayor to execute an agreement with Porta al Mare, LLC, developers of Porta al Mare located in the 100 Block of NE 6th Avenue. This agreement is for the installation of 132 lineal feet 8 inch water main extending north from NE 1st Street, in the alley of Block 107, Town of Linton. The City has agreed to reimburse the developer for the installation of 132 lineal feet of 8" water main in the public right-of-way of the alley that runs north of NE 1st Street between northbound and southbound Federal Highway and as shown on Exhibit "A". The development conditions include the developer paying the cost of an additional 245 lineal feet of 8 inch water main within this same public right-of-way to serve the proposed development. The 377 lineal feet (132' + 235') of 8 inch water main being installed will complete the 8 inch loop from NE 1st Street to NE 2nd Street. The estimated cost for the water main improvement included in the agreement is $12,120.00. Funding is available in account 442-5178-536-63.50, Water Main Upgrades. Exhibit "A" of the agreement is the location map. The agreement is subject to review and approval by the City Attorney. If this meets with your approval, please place it on the 09 Dec 2003 Commission Agenda for approval. Thanks! enc cc TAC file S:~EngAdmin~TAC~Porta Al Maret2003 dec 09 agenda memo.doc Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT entered into this __ day of ., 2003, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and PORTA AL MARE, LLC, (hereinafter referred to as OWNER), to provide as follows: WHEREAS, OWNER, is constructing a development referred to as "Porta al Mare", located between northbound and southbound Federal Highway just north of NE 1st Street; WHEREAS, the CITY is requesting that OWNER install 132 lineal feet of 8" dip water main in the public right-of-way of the alley that runs north of NE 1st Street between northbound and southbound Federal Highway and as shown on Exhibit "A" (the "Offsite Improvements"). NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the OWNER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. The OWNER shall construct the Offsite Improvements as described and detailed in the approved engineering plans and as further shown by the cost breakdown as shown in Exhibit "B" attached hereto and incorporated herein. 3. The CITY shall pay the OWNER the amount of Twelve Thousand One Hundred Twenty Dollars ($12,120.00) (the "Construction Amount") upon the completion of the work as determined by the CITY and upon the release of the Palm Beach County Health Department. The CITY may, in its sole discretion, pay a portion of the Construction Amount to OWNER, after completion of a portion of the construction of the Offsite Improvements if requested by OWNER. The CITY shall retain 10% of the Construction Amount until a final certificate of occupancy (C.O.) is issued for the entire project. OWNER may be allowed to substitute a bond in place of this 10% retainage, however, the time period for a warranty/guarantee bond shall not begin to mn until the granting of the final C.O. by the CITY. 4. The Offsite Improvements must be completed, finalized and approved by the CITY within one hundred twenty (120) days of the execution of this Agreement. The CITY shall have any remedy available to it in law or equity with respect to completion, finalization and approval of the Offsite Improvements. 5. All restorations of the area affected by the Offsite Improvement shall be the responsibility of the OWNER. The restorations shall be performed in accordance with the OWNER'S approved engineering plans, which shall include pavement restoration. 6. OWNER shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws, ordinances and applicable to the place of the Development which are applicable during the performance of the work. 7. OWNER, shall, prior to the granting of a final C.O. provide a warranty/guarantee bond in an amount equal to 10% of the Coustmction Amount, which shall be in effect for a one year period commencing upon the date the final C.O. is issued. Defects in the installation or construction of the Offsite Improvements, which are remedied within the one year period at~er the date the final C.O. has been issued shall subject the remedied portion of the work to an extended warranty/guarantee period of one (1) year after the defect has been remedied. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CITY and Surety shall be a nationally recognized Surety Company acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (mended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, for projects not exceeding ($500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2003). If the OWNER is a partnership, the Bond should be signed by each of the individuals who are partners; ifa corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; Co) appropriate duly certified copy of Power-of- Attorney or other certification of authority where bond is executed by agent, officer or other representative of OWNER or Surety; (c) duly certified extract fi.om by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. If the surety on any Bond furnished by OWNER is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida, OWNER shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with this paragraph. 8. OWNER, shall supervise and direct the installation and construction of the Offsite Improvements, applying such skills and expertise as maybe necessary to perform the work in accordance with the approved engineering plans. All aspects of Offsite Improvements shall be inspected by the City. OWNER shall construct the Offsite Improvements in accordance with the applicable standards and codes of the City of Delray Beach. OWNER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the Offsite Improvements. 9. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 10. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction of the Offsite Improvements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 11. OWNER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the CITY, its employees, agents and officers from and against any and all claims, lawsuits, damage, loss, of whatever kind, arising from the conshmction or installation of the Offsite Improvements, including, but not limited to reasonable attorneys' fees and costs at the trial and appellate levels. 12. OWNER or its contractor shall maintain workers' compensation insurance in an amount required by law and general liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) governing bodily injury and property damage in standard form, insuring CITY as additional named insured. 13. 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 hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: City Clerk Mayor, JeffPerlman 4 Approved as to Form: City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) OWNER: By:. (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public My Commission Expires: 5 ATLANTIC 2ND AVENUE (~ CITY of DELRAY BEACH ENVIRONMENTAL SERVICE8 DEPARTMENT PORTA AL MARE EXHIBIT A 2003-200 1 OF1 GENTRY ENGINEERING A~ iLAND SURVEYING INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33447-0243 PHONE: (561) 272-1924 / FAX: (561) 272-7741 MEMBER AMERICAN SOCIETY OF CIVIL ENGINEERS SERVING SOUTH FLORIDA SINCE 1975 November 25, 2003 Randal KreJcarek, P.E. City Engineer City of Delray Beach 434 $. Swinton Avenue Delray Beach, Florida 33444 Re: Engineer's Cost Estimate Porta A1 Mare 8" Water main upgtmde from existing 4" Water Main Dear Mr. KreJcarek, As you have requested, I am submitting herein my Engineer's cost estimate for the proposed 8" water main upgrade from the existing 4" water main as follows: 132 LF of 8" DIP water main and fittings pavement repair r?a,.r/. / , please contact me. Sincerely, Gentry Engin~9,ring and Land Surveying, Inc. ,.,'/j' ,,,, --,/''' ,, ,. ,, $8600.00 $3520.00 (Subtotal) $12120.00 "~. (total cost) - $38403.00 If you should have any"~s?ions or need additional informat~o'~ Date: 1 Dec 2003 AGENDA ITEM NUMBER: ~-'~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 9 Dec 2003 Description of Agenda Item (who, what, where, how much): Request for Commission approval/authorization for Mayor to execute an agreement with Porta al Mare, LLC, developers of Porta al Mare located in the 100 Block of NE 6th Avenue. This agreement is for the installation of 132 feet of new water main. The estimated cost for these improvements total $12,120.00. Staff Recommendation:Approval _ Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: :~---Yes 442-5178-536-63.50 Water Main Upgrades $269,999.53 Account Number Description Account Balance: (if applicable) Funding Alternatives: City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Porta A1 Mare\2003 dec 09 agenda.doc rITY OF DL~qAY Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement Kendra W. Graham, C.D. Administrator ~ December 4, 2003 2003-2004 Community Development Block Grant Subrecipient Funding Agreements: Alpha-Time Children's Center - $10,000 Community Child Care Center - $22,000, Mad Dads of Greater Delray Beach d/b/a Village Foundation - $52,000, Palm Beach County Resource Center, Inc. - $15,000, Roots Cultural Festival, Inc.- $10,000 and Urban League of Palm Beach County, Inc. $13,000 ITEM BEFORE THE COMMISSION: Approval is requested to execute six agreements for funding with the above listed subrecipients under the 2003-2004 Community Development Block Grant (CDBG) Program. BACKGROUND: In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 5, 2003, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2003-2004. The Action Plan contains appropriations for the six agencies listed above and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION: Staff recommends approval and execution of the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2003-2004. FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ALPHA-TIME CHILDREN'S CENTER THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and ALPHA-TIME CHILDREN'S CENTER, hereinafter referred to as "the CONTRACTOR," having its principal office at 770 Southwest 12th Terrace, Delray Beach, Flodda 33444. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal d= expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 00/100 ($10,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments (11 payments in equal amounts of $833.33 and 1 payment in the amount of $833.37). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels of family income; b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/A.qreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided heroin, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a pedod of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no cimumstances shall the 3 CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or 4 9.3 9.4 9.5 9.6 owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CiTY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and propedy reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbyinq Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of 5 9.7 any federal grant, the making of any federal loan, the entedng into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be per[ormed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.Co 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 6 9.8 9.9 The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall descdbe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. 9.10 9.11 9.12 9.13 9.14 9.15 The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Reneqotiation or Modification: Modifications of provisions of the agreement shall be valid only when in wdting and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the 8 CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year wri~en above. WITNESSES: Pdnt ALPHA-TIME CHILDREN'S CENTER By:. Pdnt STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 200_, by , who is personally known to me. NOTARY PUBLIC Sign Pdnt Personally Known OR Produced Identification Type of Identification Produced: day of , ATTEST: City Clerk Approved as to form: CITY Of DELRAY BEACH, FLORIDA By:. Mayor City Attorney 9 ATTACHMENT "a" SCOPE OF SERVICES The major focus of Alpha-Time Children's Center under this Agreement will be providing day care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be Iow- and moderate-income persons (as determined annually by HUD for the area). CDBG funds will be used to fund a portion of the salary of one pad-time (20 hours per week) teacher's position. The pad-time teacher's position will be provided at Alpha-Time's main day care center at 770 Southwest 12th Terrace. The major tasks which Alpha-Time Children's Center will perform in connection with the provision of the eligible day care services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and organized into separate areas appropriate for each of the age groupings being served (toddler - 12 months to 24 months, 2 years, 3 years, and 4- 5 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of the beneficiaries of subsidized day care must be Iow and moderate-income persons (as determined annually by HUD for the area). c. Offer day care services from 7:00 a.m. to 5:30 p.m. Monday through Fdday to eligible families. d. Ensure that the numbers, background and qualifications of the Alpha-Time Center's staff providing the on-site date care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As pad of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and Alpha-Time's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) .Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ~/** Fines, penalties Fdnge benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs Overtime, shift premiums Page charges in professional joumals (reseamh) Participant support costs Patent costs Pension plans Plant security Pre-award costs Professional services Profits, losses on asset disposition Public information service ~** Publication and printing costs ~*** Rearrangement, facility alteration Reconversion costs Recruiting Relocation Rental * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination-related costs Training, education Transportation Travel * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days wdtten notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. .Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article I1 of this agreement. ARTICLE il STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty-two Thousand Dollars and 00/100 ($22,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments (11 payments in equal amounts of $1,833.33 and 1 payment in the amount of $1,833.37). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Pdor to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels of family income; b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. 2 5.1 5.2 5.3 6.1 6.2 6.3 ARTICLE V SUSPENSION AND TERMINATION Termination/Suspension of Payments/A,qreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. Termination for Convenience of the CONTRACTOR: At any time dudng the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Requlations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 9.2 9.3 9.4 9.5 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitodnq: The CONTRACTOR agrees that the CiTY will carry out pedodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit pedod. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and prepedy reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 9.6 9.7 b. OMB Cimular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. 4 The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 9.8 9.9 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to cimumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 9.10 9.11 9.12 9.13 9.14 for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's sedal number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain pdor written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property pumhased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting prevision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Rene.qotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar 8 days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. By: Pdnt Pdnt STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 200_, by , who is personally known to me. day of Personally Known Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney NOTARY PUBLIC Sign Print OR Produced Identification CITY Of DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "a' SCOPE OF SERVICES The major focus of the Community Child Care Center of Delray Beach, Inc. under this Agreement will be providing day care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be Iow- and moderate-income persons (as determined annually by HUD for the area). CDBG funds will be used to fund a portion of the salary of the full-time administrator's (Assistant Director) position (40 hours per week). The full-time administrator's position will be provided at the Child Care Center's main facility located at 555 N,W. 4th Avenue. The major tasks which the Community Child Care Center will pedorm in connection with the provision of the eligible day care and after-school services include, but am not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4 years, pre-kindergarten - 4 to 5 years and after-school/out-of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of the beneficiaries of subsidized day care must be Iow and moderate-income persons (as determined annually by HUD for the area). c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after- school/out-of-school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Community Child Care Center's staff providing the on-site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Child Care Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. 11 ATTACHMENT ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ~/** Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ~** Overtime, shift premiums ~** Page charges in professional journals (research) Participant support costs Patent costs Pension plans Plant security Pro-award costs Professional services Profits, losses on asset disposition Public information service ~** Publication and printing costs ~** Rearrangement, facility alteration ~** Reconversion costs Recruiting Relocation Rental * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights ~ Severance pay ~/ Specialized service facilities -~ Taxes -~ Termination-related costs -~ Training, education *J Transportation ~ Travel ~* * Allowable under limited cimumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT"C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covedng all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could adse directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "CompanyName" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and MAD DADS OF GREATER DELRAY BEACH d/b/a VILLAGE FOUNDATION THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and MAD DADS OF GREATER DELRAY BEACH d/b/a VILLAGE FOUNDATION, hereinafter referred to as "the CONTRACTOR," having its principal office at 141 S.W. 12th Avenue, Delray Beach, Flodda 33444. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Deiray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated Or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderete-lncome" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property' means personal property of any kind except real property. 1 c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifty-two Thousand Dollars and 00/100 ($52,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments (11 payments in equal amount of $4,333.33 and 1 payment in the amount of $4,333.37). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Pdor to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each covered by this Agreement, in a format prescribed by the CITY: a. Monthly time sheets reflecting actual time worked (in accomplishing goals) by the CDBG funded positions and a completed Direct Benefit Activity form (monthly); b. Activity repor~ identifying progress made, problems encountered and proposed solutions to the problems; c. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. 2 5.1 5.2 5.3 6.1 6.2 6.3 ARTICLE V SUSPENSION AND TERMINATION Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving wdtten notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services pertormed under Article II of this Agreement until the effective date of the termination. Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no cimumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY pdor to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Re.qulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 9.2 9.3 9.4 9.5 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Opportunities for Residents and Civil RiRhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out pedodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Cimular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 9.6 9.7 b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbyinq Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 9.8 9.9 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 9.10 9.11 9.12 9.13 9.14 for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any prevision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Rene.qotiation or Modification: Modifications of previsions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive previsions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar 8 days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day pedod that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: MAD DADS OF GREATER DELRAY BEACH d/b/a VILLAGE FOUNDATION Pdnt By: Pdnt STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ 200_, by , who is personally known to me. day of NOTARY PUBLIC Sign Pdnt Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attomey CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of MAD DADS under this Agreement will be activities carried out under its Drug and Crime Free Community Program, which aims to positively impact the lives of CDBG target area residents of all ages through three comprehensive program components: Neighborhood Stabilization, Youth Development and Family Strengthening. In support of these efforts, CDBG funds will be used to fund the partial salaries of two (2) full-time direct service delivery positions (Neighborhood Coordinator and Site-Coordinator) at forty (40) hours per week each. Supported activities under this Agreement include, but are not limited to, the following: a. Coordinating crime prevention activities through neighborhood/resident associations; b. Establishing support groups for parents of children identified by the local school system as economically disadvantaged; c. Organizing mentors for high-risk youth; d. Organizing supervised recreation programs with drug prevention components such as midnight basketball programs, community youth choir, drill teams, etc.; e. Working with local schools providing dropout prevention programs; f. Other activities which contribute to the stabilization/revitalization of the CDBG Target Area which has as its boundaries: 1-95 to the West, Federal Highway to the east, Lake Ida Road to the north and Linton Boulevard to the south. ATTACHMENT "B' ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment Fines, penalties Fdnge benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ~** Overtime, shift premiums ~** Page charges in professional joumals (research) Participant support costs V** Patent costs Pension plans Plant security Pre-award costs Professional services Profits, losses on asset disposition Public information service ~*** Publication and printing costs -,J*** Rearrangement, facility alteration Reconversion costs Recruiting Relocation ~/* Rental * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights ~/ Severance pay -~ Specialized service facilities *J Taxes V Termination-related costs ~/ Training, education ~ Transportation ~/ Travel ~ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C' INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days wdtten notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and PALM BEACH COUNTY RESOURCE CENTER, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PALM BEACH COUNTY RESOURCE CENTER, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 100 2001 Broadway, Suite 301 C, Riviera Beach, Florida 33404. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (Le., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or moro years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agroement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Dollars and 00/100 ($15,000.00). If the maximum authorized compensation set forth in this Agreement has not been expended prior to September 30, 2004, and if all other terms and requiroments of this Agreement have been fulfilled, the Agroement may be extended until the maximum amount authorized has been attained. 3.2 The CITY will be billed by the CONTRACTOR on a monthly basis. Invoices must be roceived by the 5th of each month for payment to be made in the month in which invoice is submitted. 3.3 Prior to receipt of CDBG funds, CONTRACTOR shall submit the following documentation no later than the fifth of each month covered by this Agreement, in a format proscribed by the CITY: a. Client Activity Summary Sheet b. CONTRACTOR shall maintain on file information regarding gross income, race, household size, female head of households and zip codes for each beneficiary served. c. An annual report is also due on October 10, in a format proscribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Diroctor of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. 2 5.1 5.2 5.3 6.1 6.2 6.3 ARTICLE V SUSPENSION AND TERMINATION Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CiTY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national odgin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 9.2 9.3 9.4 9.5 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out pedodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted pedod until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit pedod. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and propedy reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 9.6 9.7 b. OMB Cimular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbyinq Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C= The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall descdbe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 9.8 9.9 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any .real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property pumhased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 9.10 9.11 9.12 9.13 9.14 for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property pumhased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR pdor to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting prevision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full fome and effect. Reneqotiation or Modification: Modifications of provisions of the agreement shall be valid only when in wdting and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Ri.qht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar 8 days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on ail parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: PALM BEACH COUNTY RESOURCE CENTER, INC. Pdnt Pdnt By:. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ 200_~ by , who is personally known to me. day of NOTARy PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: Al-rEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Palm Beach County Resource Center, Inc. under this Agreement shall be to provide management and technical assistance services to referrals from the City of Delray Beach. Referrals will be eligible business owners or prospective business owners whose businesses are located, or will be located, within the established CDBG Target Area of the City of Delray Beach. At least 51% of the beneficiaries of a project funded under this Agreement must be Iow- and moderate-income persons (as determined annually by HUD for the area). Palm Beach County Resource Center, Inc.'s services shall include, but not be limited to, technical assistance in the following areas: 1. Business Planning - under this service area, clients will be assisted in the preparation of a business plan for the existing or proposed business. For some clients, the Resource Center's role may take the form of a mentor- in the instances where the client has the ability and the desire to compile his/her own business plan. The Resource Center will also assist in simple incorporations and in the compilation of joint-venture agreements. 2. Loan/Bonding Packages - pursuant to thorough and prudent determination of a prospective client's viability as an applicant for one or a combination of commercial financial products, the Resource Center will compile a package and submit it to an appropriate financial institution for review. The Resource Center will serve as liaison between the client and the financial institution throughout the entire process. 3. Matching Firms with Opportunities - The Resource Center will utilize all of its resources and inventory to match qualified Delray Beach referrals with specific viable businesses, market and/or capital opportunities. This type of activity will be predicated upon a thorough investigation of the Delray Beach referral's capacity and skill set(s). 4. Procurement Assistance - the Resource Center will provide assistance in compiling M/VVBE and 8(a) Certification Packages, Estimating & Construction Take-offs, Bid Preparation, the issuance of "notices-to-owner", weekly access to a listing of region-wide bid opportunities for most disciplines. Financial Pkgs. Approved $135,000 Procurement Approved $380,000 # of New Clients Assisted 6 A'I-rACHMENT ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising ~ Bad debts ~/ Bonding -~ Communication ~/ Compensation, personnel services ~/ Contingency provisions ~/ Contributions (to others) ~/ Depreciation, use allowance ~/ Donations (from others) ~/ Employee morale, health, welfare -~ Entertainment ~/ Equipment ~/** Fines, penalties ~/ Fringe benefits ~/ Fund raising, interest, investment management ~/ Idle facility, idle capacity ~/ Insurance & indemnification ~/ Interest Labor relations ~/ Lobbying ~/ Losses on other awards ~/ Maintenance, repair ~/ Materials, supplies ~/ Memberships, subscriptions, professional activity ~/ Organization costs ~** Overtime, shift premiums ~/** Page charges in professional journals (reseamh) ~/ Participant support costs ~** Patent costs ~/ Pension plans ~/ Plant security ~/ Pre-award costs ~** Professional services ~/ Profits, losses on asset disposition ~/* Public information service ~** Publication and printing costs ~** Rearrangement, facility alteration ~* Reconversion costs ~J Recruiting ~ Relocation ~ Rental ~/ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights ~ Severance pay ~ Specialized service facilities ~/ Taxes ~ Termination-related costs ~/ Training, education ~/ Transportation ~J Travel -~ * Allowable under limited cimumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covedng all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his ContractJAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ROOTS CULTURAL FESTIVAL, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and ROOTS CULTURAL FESTIVAL, INC. hereinafter referred to as "the CONTRACTOR," having its principal office at 400 West Atlantic Avenue, Delray Beach, Florida 33444. WlTNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual premises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or eamed from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 00/100 ($10,000.00). 3.2 The CITY will be billed by the CONTRACTOR on a reimbursement basis for allowable costs as outlined in Attachment mB". Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels of family income; b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE iV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in wdting the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the 3 CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Re.qulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national odgin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or 4 9.3 9.4 9.5 9.6 owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and propedy reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific previsions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable previsions of 24 CFR 570.502. Lobb¥inq Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of 9.7 any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. Co The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall descdbe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d= The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 6 9.8 9.9 The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall fumish to the CITY, cio the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer pedod of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. 7 9.10 9.11 9.12 9.13 9.14 9.15 The CONTRACTOR shall obtain prior wdtten approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall retum to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Reneqotiation or Modification: Modifications of provisions of the agreement shall be valid only when in wdting and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the 8 CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Pdnt ROOTS CULTURAL FESTIVAL, INC. By:. Pdnt STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ 200_, by , who is personally known to me. NOTARY PUBLIC Sign Pdnt Personally Known OR Produced Identification Type of Identification Produced: day of ATTEST: City Clerk Approved as to form: CITY OF DELRAY BEACH, FLORIDA By: Mawr City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of Roots Cultural Festival, Inc. under this Agreement will be providing a non- traditional after-school program for eligible elementary and middle school age children. At least 51% of the beneficiaries of a project funded under this Agreement must be iow- and moderate- income persons (as determined annually by HUD for the area). CDBG funds will be used to fund a portion of the salary for one violin teacher, the purchase of instruments (5 violins, 5 keyboards), and the purchase of program supplies. The teacher's position will be provided at Old School Square Cultural Arts Center located at 50 N. Swinton Avenue. The major tasks which Roots Cultural Festival, Inc. will perform in connection with the provision of the eligible after school program include, but are not limited to, the following: a. Accept applications and perform eligibility determinations. At least 51 percent (51%) of the beneficiaries must be Iow and moderate-income persons (as determined annually by HUD for the area). b. Offer after school program from 5:00 p.m. to 7:00 p.m., Monday through Thursday to eligible families. c. As part of the after school program, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. d. Maintain program and financial records documenting the eligibility, attendance, provision of services, and Roots Cultural Festival, Inc.'s expenses relative to the children receiving after school services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment Fines, penalties Fdnge benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs -~** Overtime, shift premiums -~/** Page charges in professional journals (research) Participant support costs ~** Patent costs Pension plans Plant secudty Pre-award costs Professional services Profits, losses on asset disposition Public information service ~** Publication and pdnting costs -~** Rearrangement, facility alteration -~** Reconversion costs Recruiting Relocation -~* Rental * Allowable underlimited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B' ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights ~/ Severance pay ~ Specialized service facilities ~/ Taxes ~ Termination-related costs *J Training, education ~/ Transportation ~/ Travel ~/* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "CompanyName" does not own any vehicles. In the event we acquire any vehicles throughout the term of his ContractJAgreement, agrees to pumhase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and URBAN LEAGUE OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable pmperty. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Thirteen Thousand Dollars and 00/100 ($13,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments (11 payments in equal amounts of $1,083.33 and 1 payment in the amount of $1,083.37). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Pdor to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the first working day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly timesheets reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly); b. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. 2 If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the 3 official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY pdor to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Requlations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national odgin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitodnq: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, 4 9.4 9.5 9.6 comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and prepedy reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and propedy reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific previsions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbyin.q Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement, The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 5 9.7 officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to cimumvent the CONTRACTOR's obligations under 24 CFR Part 135. 6 9.8 9.9 Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall descdbe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 7 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any prevision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 ReneRotiation or Modification: Modifications of previsions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: URBAN LEAGUE OF PALM BEACH COUNTY, INC. Print By: Pdnt STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ 200_, by , who is personally known to me. day of Personally Known Type of Identification Produced: ATTEST: City Clerk Approved as to form: NOTARY PUBLIC Sign. Print OR Produced Identification CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attomey 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be to administer a Comprehensive Housing Counseling Program for eligible residents of Delray Beach. At least 51% of the beneficiaries of a project funded under this Agreement must be Iow- and moderate-income persons (as determined annually by HUD for the area). The program is designed to enable clients to make informed and reasonable decisions in achieving their housing goals or to assist in resolving their housing problem by using all available resources. In support of these efforts, CDBG funds will be used to offset costs associated with one part-time service delivery position (Delray Beach Satellite Office Coordinator). Supported services under this Agreement include the following: a. Mortgage application assistance b. Pre-mortgage counseling c. Default mortgage counseling d. Money management e. Emergency intervention (including food, energy & shelter assistance) f. Housing discrimination referrals g. Section 8 Housing application guidance h. Reverse mortgage counseling ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising -~ Bad debts ~ Bonding ~ Communication ~/ Compensation, personnel services ~/ Contingency provisions *J Contributions (to others) ~/ Depreciation, use allowance ~/ Donations (from others) ~/ Employee morale, health, welfare ~/ Entertainment ~ Equipment ~/** Fines, penalties ~J Fringe benefits ~J Fund raising, interest, investment management ~/ Idle facility, idle capacity ~/ Insurance & indemnification ~/ Interest Labor relations ~/ Lobbying ~ Losses on other awards ~J Maintenance, repair ~/ Materials, supplies ~/ Memberships, subscriptions, professional activity ~/ Organization costs ~/** Overtime, shift premiums ~** Page charges in professional journals (research) ~J Participant support costs ~* Patent costs ~ Pension plans ~/ Plant security ~/ Pro-award costs ~** Professional services ~ Profits, losses on asset disposition ~ Public information service ~/*** Publication and printing costs ~/*** Rearrangement, facility alteration ~/** Reconversion costs ~/ Recruiting ~/ Relocation ~/* Rental ~/ * Allowable under limited cimumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination-related costs Training, education Transportation Travel ~/* * Allowable under limited circumstances. ** Allowable only with pdor permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. tn the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his ContractJAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda Date: December 4, 2003 When: December 9, 2003 Description of item: Request to approve and execute six subrecipient agreements with the following agencies: Alpha-Time Children's Center, Community Child Care Center, Mad Dads of Greater Delray Beach d/b/a Village Foundation, Palm Beach County Resource Center, Roots Cultural Festival, Inc. and urban League of Palm Beach County, Inc. for funding under Fiscal Year 2003-2004 CDBG Grant Program. Funding will be made available from accounts within the CDBG budget. Total funding is $1.0'?~. ~ ORDiNANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval and execution of the subrecepient agreements for fimding. Department Head Signature: ~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O L~ Funding Alternatives: -- ~ (if applicable) Account No. & Description: /}~'-/'~[aD-~-.~'-~'2-/'- .~f3 ~.J Ci~ Manager Review: Approved for Agenda:~O ~ Hold Until: ~ ~/ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY DF DELRIW BEI:I[H pE~L~ Ail-America Ci~/ 1993 2001 TO: FROM: SUBJECT: DEl RAY BEACH, FLORIDA 33444 MF. MORANDUM David T. Harden, City Manager )'~obert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 9~ 2003 SPECIAL EVENT REQUEST - DOWNTOWN DELRAY ART FESTIVAL DATE: December 2, 2003 561/243-7000 Action City Commission is requested to endorse the 15t~ Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 17-18, 2004, to grant a temporary use permit per LDR's seciion 2.4.6(H) for use of city right-of-way, Atlantic Avenue from the east side of NE 6th Avenue to SaUna and Veterans Park lot for vendor parking, to authorize staff to apply for the FDOT street closure permit, to authorize staff support for security and traffic control, and to permit an event sign to be erected on Atlantic Avenue just east ofi-95 one week prior to the event. Baekgrou nd Howard Alan Events, LTD. will be conducting the 15t~ Annual Downtown Arts Festival on January 17t~ and 18t~. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6t~ Avenue east to Salina. He is also requesting the use of Veteran's Park for vendor parking and requesting security and traffic control assistance from the Police Department. Mr. Alan has indicated that he will rent and install barricades with volunteers; however, City staff will need to inspect the barricade set up. I am recommending that we direct vendor parking to the Vittorio's lot because of the need for parking for the Pilgrim Belle and Adult Center activities in Veterans Park. The estimated overtime cost for City services is $5,500. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, and pon-a-lets. Signage per LDR's section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under 20 square feet. Attached is the permit, site plan, budget, and hold harmless agreement. Per event policies and procedures the event sponsor will be required to pay 100% of the costs. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as requested, providing staff assistance for traffic control and security, and allowing the event sign to be installed one week prior to the event with all overtime costs to he paid by the vendor. The vendor is also required to provide a certificate of liability insurance. RAB:tas cc: Marjorie Ferrer Flle.'u:sweeney/evenls th Doc:Agenda 15 Ann Downtown Art Festival THE EFFORT ALWAYS MATTERS October 31, 2003 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NWIst Avenue Delray Beach, FL 33~?.~. Dear Mr. Barcinski: We are planning for the '16m Annual Downtown Delray Art Festival, to be held January 17 - 18, 2004 on Atlantic Avenue starting just east of Federal Highway and going our typical route to Salina. There will be a single lane open from Salina to Andrews on the North side of Atlantic Avenue. Please be advised that the following logistics for the 15m Annual Downtown Delray Art Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, January 16, 2004, and our employees will set them up early Saturday morning. Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight security on Saturday from 6:00 pm - 6:00 am. Due to the fact that the show will be on both sides of the Intercoastal, we are requesting an officer to man each side of the Intercoastal to stop pedestrians during bridge openings. We are also requesting overnight secudty for both sides of the bridge as in previous years. Port-O-Lets: 5 regular and 2 handicap portolets will be ordered through Able Sanitation and will be dropped off on Friday, January 16, 2004 and will be picked up on Monday, January 19, 2003, with servicing on Sunday, January 18, 2004. Dumpster: Two 30-yard rolloff dumpsters aro ordered from BFI/Waste Management. They will be dropped off on Friday and picked up on Monday as well. Locations of dumpsters will include municipal spots behind Veterans Park on city street and on Seabreeze as indicated. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean- up crew, Profest (Mitch). They will handle clean up of the trash throughout the aroa each day. Vendor Parking: RV's and large rig vehicles will park in the municipal parking lots just west of the Intracoastal Waterway. Cars and vans will park at Bank of America during the day only. Insurance: City required certificates will be issued, including a $2 million dollar liability policy. As always, we greatly appreciate your great help and time that you put into these events. If you have any questions, please feel free to call me at (954) 472-3755. Howard Alan, President Howard Alan Events, Ltd. 9695 W. BROWARD BLVD. ' PLANTATION, FLORIDA 33324 (954) 472-3755 ' FAX (954) 472-3891 www.artfestival.com DELRAy BEACH City of Delray Beach ~. Special Event Permit ~J,.~e.~r~ ~'. Application PLEASE PRINT Event Name/Title: ~5 ~.3%,.1~J ~[ ~(~,.,,..~ O'~OCO,'-) '~L[~--A-~ j ~, } oF Event Date(s): ~:>._.-'~4~:~.~v,, t~l-,~ ~,, 2.Tob_V Event Sponsor/Produ~r..~D~~ '~' 0 EventContacUCoordinator: ~¢~& &][kD kU~k, Name: ~~ ~ X~~- Address: G~% ~ ~~ ~ G<~ , ~1~;~ .-'~ Telephone Number: ~H ~3~ -~ Cellular Number: ~ -Gel ' ~ E-mail Address: ~ B~(~ ~-~.~:~ &) .~ Sponsor Category (please check)City [] Non-Profit/Charitable [] Private Co-Sponsor - Non-Profit/Private (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): Site plan attached yes L-'/ no (Site plan required for entire event site) ( ~ B c C~_~ ~,o1~ J-~- ) Event budget attached yes ~ no (Required for all events) Serving or selling alcoholic beverages yes no ~ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ! Event certificate of insurance attached yes. no ~ ?-J (Required two (2) weeks prior to event naming the City as additional insured, required for vendors) Playing of amplified music (Waiver required) Requesting Police assistance (traffic control/security) Will supplement with private security (If yes, need plan attached) yes. yes. yes. no ~ no Requesting Emergency Medical assistance yes / Requesting barricade assistance yes. "-,/ no no Requesting trash removal/clean up assistance yes no Requesting trash boxes and liners yes no Requesting stage use (If yes, check type) Large stage covered [] Half small stage [] yes no Large stage no cover [] Small stage [] yes V// no Requesting signage ~ Directionalsigns-~--'~---~'~ Type: Event sign . Banner hanging Indicate dates required il'l~ - ,{ ~ -o'{~ c.-~'-~ ~"'~'~ (Waiver required if more than one (l) week prior to event) Food and beverage vendors yes. '--/'~" no If yes, approximate number Health Department approval yes. Other vendors yes. Tents ( (o~ ,o C;,,~_.~L,~A~I,~:,,~.o{,,.~_~ yes. (If yes, tent permits and fire inspections maybe needed) no no no J Will the event include amusement rides yes (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes no 2 Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes no Will you be providing port-a-lets for the event yes, yes no no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) Is reserved parking requested (If yes, indicate locations) ~tor/Coordinator Pleas~¥111~.· yes no yes no 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 Application fee received Site map ~/, ~-~ Budget ~z Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(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 Howard Alan Events The 15th Annual Delray Art Festival January 17-18, 2004 PROPOSED BUDGET FOR JANUARY 2004 INCOME: Artist Revenue $64,125 Food Vendor Revenue $3,900 Total Revenue $68,025 EXPENSES: Advertisin~l: Boca Raton News Expense $708.50 Palm Beach Post Expense $2,543.57 South Florida Newspaper Expense $715.00 Sun Sentinel Expense $8,274.90 WPEC CHANNEL 12 Expense $7,500.00 , Sun Sentinel Charities Ad Program Expense $2,500.00 Advertisin~l SubTotal $22,241.97 Services: Permit Palm Beach County Health Expense $25.00 Si~nage AA Sign Lines Expense $942.72 Sanitation Waste Management-portolets Expense $671.00 Sanitation - 2 30 yd dumpsters Waste Management- dumpster Expense $950.00 Sanitation Pro Fest Expense $2,100.00 Barricades Bob's Barricades Expense $515.00 City of Delray, OFF barricade set up City Of Delray Beach Expense $325.00 Security City Of Delra¥ Beach Expense $3,983.00 Rentals Pro Fest Expense $1,400.00 Graphics for advertising Expense Expense $125.00 Payroll Staff Expense $1,200.00 Rental Proper'b/ Delray Joint Venture Expense $15,000.00 LodcJinCjs and meals, travel Expense $650.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability ins policy Expense $425.00 Administrative Overhead telephone, mailings,etc Expense $1,100.00 EntertaJnment $3,000.00 Misc. expense $900.00 Service SubTotal $34,519.72 Total Expenses $56,761.69 Show Profit $1 t ,263.31 M~Y-22-2001TUE 11:20 ~ CITY. MGR. DELR~Y. BCH P, 02 HOLD HARMLESS //~ / THIS HOLD HARM~.~.,~S AGREEMENT, h entered ~o ~s ~ day of _ , 20~ by a~ b~een thc CITY OF DEL~Y BEACH, FLOR~A, a Florida m~cipal co~oration (~reina~r refen'ed to as "C~Y") ~d ~ , ~re~f~r refe~ed w ~ "~NT SPONgOR"). WIT, NESS ETH: W~AS, ~ ~ONSOR seeks w hold a sp~ event ~own as ~ere~ffer refe~ to as ~ "Event"); and ~AS, ~ E~ent will be held wi~ ~e Ci~ 1~ of De,ay Beach; and ~AS, ~ City Commission public's ~al~, s~e~ ~ welf~e. NOW, ~R~O~, for ~e mutual ~ve~ts dam set fo~ above, ~ pa~ ~by agr~ as follows: 1. ~e r~imiom set fo~ above ~e ~co~ora~d herein. 2. Indem~afion, E~' SPONSOR, for good ~d valuable consideration, agrees m defeM, ~e~, ~d hold ~l~s ~e C~, its agents, officers, employees and servan~ ~om ~y ~ all suit, caus~ of ~fion or any cla~ w~oever ~de, ~ d~ages, w~eh ~y re~t ~om age~, employes, ass~ or eontr~tors, ~ relation m ~ Event. MRY-22-2001 TUE 11:21 hR CITY. RGR, DELRRY, BCH P. 03 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4, Governing laws~ venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement/ihall be brought in the State or Federal courts located in Palm Beach CoUnty, Florida. 5. Binding Effect, All of the terms arid provisions of this Agreement shall bc binding upon, inure to thc ber~fit of, and I~e enforceable by, thc parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire Agreement. This Agreement shall constitute the entire agreement of thc 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 coml~letely expresses their understanding. 7. Amevaments. This Agreement may not be amended, modified, altered, or changed in any respect, eicept by a further agreement in writing duly executed by each of the parties hereto. 8. Third Parties. No~in~ 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 thc panics hereto sn_d their respective heirs, successors, icgal representatives,, and permitted assigns, nor is anythin[ in this Agreement intended to relieye or discharge the obligation or liability of any third persons to any party to .this Agreemont, nor shall any provision thereof give any third Person any' right of subrogation or action over or - against any party to thi-~ Agreement. 2 M~Y-22-2001TUE 11:21 AM CITY. MGR. DELRfiY. BCH P, 04 IN WITNESS WHEREON, the parties hereto haye entered into this agreement the day and year firstwritten above. C1TY OF DELRAY BEACH, FLOl~mA, 'a Florida mT?alr~orgoration ~ity Clerk Approved as to Form: City Attorney (Print or Type Name) STATE OF FLORIDA U~Ty OF /~/.~/' .~/~ ' ' da of /The foregoing lnstru~/ll$ was/ ~wl~dg~d b~for~.m~ ~ls ~/ y ' ac~owledg~g), a % ~ . r.~ (s~m or place of ~oration) ~ora~on, on behalf of .~ ~om~on. He/She ~ pe~omHy ~ to ~ or has produced (~e of id~fica~on) as ~on~ficat~ ~ did (~d no0 t~ Silage of No~y ~b~c- ~m of ~o~da Fold harralea EVF. NT SPONSOR. ag~ ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager ~[~r~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting December 9, 2003 Approval Special Event - First Night 2004 December 2, 2003 Action City Commission is requested to endorse the 7th Annual First Night 2004 event to be held on December 31, 2003 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's section 2.4.6(H) for the use of City rights-of-way and facilities as requested, to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to the event, to authorize staff support as requested, and to authorize facility use as requested. Background First Night is a City sponsored event. This year's event will include more visual artists displays and the street closure will be extended to NE/SE 7th Avenue versus NE/SE 5th Avenue. The children's area will be set up at Veterans Park and is being sponsored by Miami Dolphins. The Miami Dolphin players and cheerleaders will be present at this site. The children's finale with fireworks and ping pong ball shoot will again be held at 9:00 p.m. on the grounds at Old School Square. The grand finale and fireworks show will be held at the stadium. I have attached a copy of the event permit, draft activities schedule, First Night brochure which includes a site plan and an updated budget for review. The estimated overtime costs for this event are $13,000, stage rental costs $1,500, and barricade rental costs $1,000. Last years overtime costs for this event were $10,900. Costs are higher this year primarily due to the expanded area and the increase in venues and activities. Staff support is requested for traffic control and security, site clean up and trash removal, barricade set up and removal, signage construction and installation, stage set up, and EMS services. This is a City sponsored event. Per our event policies and procedures there are no charges for City costs. Recommendation Staff recommends endorsement of the event, approval of the temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way and facilities, waiver of the LDR's 4.6.7(D)(3)(,j)(ii) to allow event signage to be put up no earlier than December 15th, approve staff support as requested, and use of City stages and barricades as needed at no charge. RAB/tas Fil¢:u:sweency/events Doc Agenda First Night 2004 ~ City of Delray Beach Special Event Permit Application PLEASE PRINT Ail-America City 1993 2001 Event Name/Title: First Night 2004 Event Date(s): December 31, 2003 Event Time(s): 4:00 p.m. to midnight Event Sponsor/Producer: City of Delray Beach Event Contact/Coordinator: Sarah Martin Name: Address: Robert A. Barcinski 100 NWIst Avenue Telephone Number: 243-70'11 Cellular Number: E-mail Address: Ba rcinski~.ci.delray-beach.fl.us Event Description/Purpose: Non-alcoholic New Year's Eve Celebration featuring local artists and entertainers. The event is family oriented. Sponsor Category (please check) City D Non-Profit/Charitable [] Private [] Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of eventJlocation): Atlantic Avenue to Swinton Avenue to NE/SE 7th Street, SE 1st Avenue to alley south of Atlantic, NE/SE 2"d Avenue to alleys north and south of Atlantic, SE 3rd Avenue to the alley south of Atlantic, NE 4t" Avenue to the alley north of Atlantic, SE 4th Avenue to the Library, Tennis facilities and ticket booth~ Community Center, Old School Square site, Worthin.q Park and Veterans Park, Library and Palm Beach Photo.qraphic Center. Site plan attached yes X (Site plan required for entire event site) no Event budget attached (Required for all events) yes X no Serving or selling alcoholic beverages yes no X (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached yes no X (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) -WILL BE PROVIDED BY THE CITY OF DELRAY BEACH Playing of amplified music (Waiver required) yes X no Requesting Police assistance (traffic control/security) yes X no Will supplement with private security (If yes, need plan attached) yes no X Requesting Emergency Medical assistance yes X no Requesting barricade assistance yes X no Requesting trash removal/clean up assistance yes. X no Requesting trash boxes and liners yes. X no Requesting stage use (If yes, check type) Large stage covered Half small stage [] yes. X no [] Large stage no cover [] Small stage [] Requesting signage yes X no Type: Event sign ,/es Directional signs yes Banner hanging no Indicate dates required on 12/15/03 (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes. X If yes, approximate number '10 Health Department approval yes X no no Other vendors yes X no Tents yes X (If yes, tent permits and fire inspections maybe needed) no Will the event include amusement rides yes. no (If yes, type and location and copy of liability insurance required) X Will the event be gated yes¸ no X (Show on-site map) - As shown on site map brochure, a button will be needed for certain venues Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) yes X no Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes X no Will you be providing port-a-lets for the event yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) yes X no Is reserved parking requested yes X no (If yes, indicate locations) - FOR ENTERTAINERS AND VOLUNTEERS Event Contractor/Coordinator Please print: Robert A. Barcinski 12~02~03 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 Application fee received $ Site map. Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(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 FZRST NZGHT 2004 Revised 11/18/03 BREAKDOWN Event Supplies Price Ping Pong Bails $1,863 Resolution Lanterns $800 Cake Decorating $1,100 Party Hats $9,250 Paint by Number $400 24 time zones $300 Time elapsed Painting $200 Wrapped Trees $500 Candlebag Calendar $500 Miniature Golf $2,500 Resolution Maze $450 Banners $1~000 TOTAL 18~863 Talent Price Strictly Business $1,000 Amereida $2,250 Operetta $3,500 Al 3ohnson $1,800 Bob Hoose $3,500 Poets $250 Chamber Players $1,200 Gramps $225 Back in Time $3,500 Crobot $890 ]avier Del Sol $1,500 Little Palm Theatre $500 Love Connection $2,000 Kat and the Fiddle $1,500 Rod McDonald $300 Brian and the Boppet~ $600 Page Turner $1,700 LaPaloma $250 Delray Divas $25 Gold Coast Theater $275 TOTAL $26,765 Equipment Rental Price Budget $4,000 Musical Chairs $300 Skateboard $700 S.S. Bounce House $200 Climbing Wall $950 TOTAL $6,150 EXPENSES 1. Administration $7,000 $7,000 · Production Buttons $1,530 Fireworks $5,000 Equipment Rental $6,150 Sound &.Lighting $10,000 Event Supplies $18,863 Brochures $850 $42r393 · Talent Talent Fees $26,765 T-shirts $800 $27~565 4. Marketing Postage $100 Dick Mertes $1,100 Printing $1,200 Film Supplies $100 $2~500 GRAND TOTAL $79r458 REVENUES Buttons $38,500 Borton $20,000 Sponsors $16,000, G~nts $12,500 Concessions $2,000 GRAND TOTAL $89;000 IRevenues $89,000i Expenses $79,683 TOTAL $9,317 SPonsors: Dolphins $5,000 FPL $2,500 3oint Venture $5,000 DDA $3,500 Grants: City $7,500 County $5,000 FIRST NIGHT 2004 Revised 11/18/03 I Revenues LY 2004 Budget 11/5 Estimate Difference $63,011 $63,000 $89,000 $26,000 Category Expenses LY 2004 Budget 11/5 Estimate Difference ~,dministration $3,425 $4,350 $7,000 ($2,650) Production $30,925 $33,450 $42,393 ($8,943) l'alent $22,649 $20,800 $27,565 ($6,765) ~larketin!] $2r238 $2~500 $2~500 $0 Total Expense~ $59,237 $61~100 $79~458 ($18~358) $3,774 [ $1,900 [ $9,542 ] ($7,642)[ Revised 11/18/03 Location City Community Center Crest Theatre O.S.S. Pavillion O.S.S. Gymnasium 100 Foot Tree at O.S.S. Atlantic Avenue at O.S.S. Palm Beach Photographic Center Delray Beach Public Library Ice Skating Rink Tennis Center Veterans Park Veterans Park Community Center Veterans Park Pavillion Worthing Park NE 4th Avenue SE 4th Avenue SE 3rd Avenue NE 2nd Avenue SE 2ndAvenue SE 1st Avenue 100 Block ofAtlanticAvenue 300 Block of Atlantic Avenue 400 Block of Atlantic Avenue 500 Block of Atlantic Avenue 600 Block of Atlantic Avenue Procession FIRST NIGHT 2004 Talent Strictly Business Gold Coast Opera Singers Amereida Al Johnson Bob Hoose Boy Scouts Campfire Sun Sentinel Bounce House Resolutions Lanterns Poets Chamber Players Gramps Ice Skating Back in Time Dolphins Kid Zone Climbing Wall Cake decorating Crobot 3avier Del Sol Party Hats Little Palm Theatre Party Hats Skateboard Ramp w/D3 Paint By Number Countries Bubble Wrap stomp 24 time zone clocks Musical Chairs Time elapsed painting Legos Tricycle Races Love Connection Kat and the Fiddle Rod McDonald Wrapped Trees Candlebag Calendar Brian and the Boppets Miniature Golf Page Turner Adventures Resolution Maze La Paloma Delray Divas Cost $1,000/3hrs $3,500 $2,250/3 hrs $1,800/3hrs $3,500 FREE $2oo $800/night $250/3 hours $1,200/3hrs $225/3 shows $3,500/3hrs $950/6 hours $1,100/night $890/1 show $1500/4 sets $500/3 shows $700/3hrs $400/night $300/night $300/night $200/night FREE FREE $2,000/3hrs $1,500/3 hrs $300/3hrs $500/night 500/dusk-12 $600/4hrs $2,500/night $1,700/5 hours $450/night $25O $25 Street Entertainment Mimes Gold Coast Theatre Banners Dresses Zoo Exhibit FREE FREE $275 $1,000 N.W. 3rd AVE. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~ AGENDA ITEM # ~.3- . REGULAR MEETING OF DECEMBER 9. 2003 CONTRACT ADDITION (C.O. #1)/MORA ENGINEERING CONTRACTORS. INC. DECEMBER 5, 2003 This is before the City Commission to approve a contract addition (C.O. #1) to the Reclaimed Water Main Construction, West Side of E-4 Canal Project in the mount of $36,985.64 to Mom Engineering Contractors, Inc. for the quantity adjustments to the original contract. Funding is available from 441-5181-536-63.95 (Connection Fees). Recommend approval of the contract addition (C.O. #1) with Mora Engineering, Inc. for the Reclaimed Water Main Construction, West Side of E-4 Canal Project. S:\City Cle~\a~enda men~\Comtact AdditiomMov~ 12.09.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Rafael Ballestero, Deputy Director of Construction 5 December 2003 Reclaimed Water Main Construction, West Side of E-4 Canal Project # 2004-020 Contract Addition #1 Commission Agenda Item This agenda item is for Commission approval/authorization for Mayor to execute Contract Addition #1, to Mora Engineering Contractors, Inc. This Contract Addition is for the quantity adjustments to the original contract. The contractor quoted this project based on discussions, and quantities supplied to them by the City, without plans and specs. This was organized in this fashion in order to avoid delaying the School Board's Capital Project, as well as to avoid restoration costs if the subject work were installed after the District's improvements. This Contract Addition #1 is for the quantity adjustments based on the design plans given to the contractor, after their original budget estimate. A copy of their quotation is attached for your review. Total cost for this Contract Addition is $36,985.64. Funding is provided as follows: Account # 441-5181-536-63.95, Connection Fees Please place this item on the 09 December 2003 Commission Agenda. Thanks. enc cc: Richard Hasko, P.E., Director of ESD Randal Krejcarek, P.E., City Engineer City Clerk's Office Agenda File 12.09.03 Project File 2004-020 S:~EngAdmin\Proj ects\2004\2004-020\CON STRCTx2003 december9 agendamemo,doc Dec. 1, 2003 6:20PM No.0944 P. 1 De~embor I, 2003 Mr. Rafael C. Bellestero Dep, Director of Conatru~tio.n City of Delray Be.,oh 434 South Swinton Avenue Delmy Beach, Florida 33444 Fax: $61.243.7:~14 reft Reclaimed W~tar Main (AHS) Delmy, Florida subj.: CO #1 Bolon=lng Quantities & Additional Work a~ per plans. 24" Water Main Wast Side E.4 Canal, Daar Mr. Ballestaro. For your consideration and approval, the following proposal is for furnishing all materiaJs, labor, and equipment for construction of the additional work as spelled out In tho plans dated November 19th, 2003 and handed out at the Preoon Meeting hold the sams day. Items I-3 are merely increases in quantities. Items 4-8 are new items requlrad bacause of the deap exCavation as shown on Detail A, Drwg C-1: Description. Quantity Matarials Installation Ext. Cost 1.- 24".D, I. P. CI-3501P J. 200.00 If. 48.87 14,58 $ 12,690.00 2.- 24" Joint Restrains 11.00 ea. 432.00 175.00 $ 6,677.00 3.~ Layout and As-builts 200.00 Jr. 1.73 $ 346.00 4.- 24" 45.Dog Bends 4.00 ea. 1,075.00 700,00 $ 7,100.00 5.- Ramove Conc Driveway 1.00 aa. 220.00 300.00 $ 520.00 6.- Base Rock 1.00 ea. 100,00 3S0.00 $ 450.00 7.- Raplaca Conc Driveway 1.00 ea. 600,00 1,000.00 $ 1,600.00 8.- Dewatering as per elev Detail A, Drwg C1 1.00 ea. 1,060.00 1,400,00 $ 2,450.00 Subtotal $ 31,843,00 Bonding Fee 1% $ 318.43 Ovar Head and Profit 15 % $ 4,824.21 Total Budget. $ 36,g85,64 9660 ~/est Simple Rd,, #301 * Coral 5prin§l, l~]ori~[a 33065 954-752-8065 · Fax 954-345-9268 Dec, 1. 2003 6:20PM No.094~ P, 2 Pegs2 Note: Dewetsring includes Wsllpoint system Installation, deweterlng and removal. Time required 5 work days. We take exception to any work Item and/or costs not specifically identlfle,~ above, Permit fees and/or bonding for LWDD not included. .~,J;b('~ G~.~..C ONTRACTO RS,...-'"" .lNG. Prc.lsct MsnagSr CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGENO. I PROJECTNO. 04-020 DATE: PROJECT TITLE: Reclaimed Water Main Construction, West Side of E-4 Canal TO CONTRACTOR: Man-Con, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR TH1S PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: To adjust the contract amount from the original price, based on estimated quantities prior to issuance of plans and specs. This correction is an adjustment of quantities based on the plans and specs. The cost for this work is $36,985.64, as per attached quotation. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 33.69 % TOTAL PER CENT INCREASE TO DATE 33.69 % $109,773.37 $0.00 $109,773.37 $36,985.64 $i46,759.01 CERTIFIED STATEMENT: I hereby certifT 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. Mora Engineering Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: APPROVED: Environmental Services ATTEST: By: City Manager City Attorney City Clerk Date: 05 December 2003 AGENDA ITEM NUMBER: AGENDA REOUEST Request to be placed on: Consent Agenda __X_Regular Agenda Workshop Agenda Special Agenda When: 09 December 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract Addition #1, with Mora Engineering Contractors, Inc. This contract addition is for the quantity adjustments to the original contract. The original contract was based on estimated quantities prior to completion of the plans and specs. This was organized in this fashion in order to avoid delaying the School Board's Capital Project, as well as to avoid restoration costs if the subject work were installed after the District's improvements. Total cost of this contract is $36,985.64. Funding is provided as follows: Account # 441-5181-536-63.95, Connection Fees. Staff Recommendation: Aooro~v~Contract Addition # 1 Department Head Signature: (x._~A~ ~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Availabl~ No Initials: {/.~ Account Number Description Account Balance: Funding Alternatives: See above See above See above (if applicable) City Manager Review: Approved for Agenda:/~ / No Hold Until: Agenda Coordinator Review: Initials: Received: S:\EngAdmin\Projects\2004\2004-020\CONSTRCT\2003december9 agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM $$ ~ ~'~ - REGULAR MEETING DECEMBER 9. 2003 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: DECEMBER 5, 2003 Attached is the Report of Appealable Land Use Items for the period December 1, 2003 through December 5, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ~:\city Clerk\aSenda memo*\apagmem, t Z09.03 TO: THRU: FROM: SUBJECT: JEF.,F ~OS/7)ELLO, ASSISTANT PLANNING DIRECTOR /ASMI~ ~L[8~, ~[A~NER MEETING OF DECEMBER 9, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 1, 2003 THRU DECEMBER 5, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 1, 2003 through December 5, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No meeting of the Planning and Zoning Board was held during this period. A. Approved (6 to 0, Eliopoulos absent), a request for a flat wall sign for Quiznos Sub, located within the Delray Town Center at the northeast corner of Linton Boulevard and Military Trail (4801 Linton Boulevard). B. Tabled (6 to 0), an exception to the master sign program for The LoCarb Center, located within Aspen Towers Plaza, on the east side of SE 6th Avenue (northbound Federal Highway), south of SE 8t~ Street (851 SE 6th Avenue). The Board requested revisions to the lettering. City Commission Documentation Appealable Items Meeting of December 9, 2003 Page 2 C. Denied (6 to 0), a waiver to allow a sign area of 29.75 square feet whereas a maximum of 20 square feet is allowed for a free standing sign at the Marriott Residence Inn, located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue (1111 East Atlantic Avenue). D. Tabled (6 to 0), a request for a color change for Rustic Rooster, Inc. an existing commercial building located at the northwest corner of the CSX Railway and West Atlantic Avenue (1701 West Atlantic Avenue ). The Board requested that the applicant modify the color scheme and provide a color rendering of the building. E. Approved with a condiiton (6 to 0), a request for a color change for Delray Muffler House, an existing commercial building located at the northeast corner of NE 6th Avenue (northbound Federal Highway) and NE 4th Street (401 NE 6th Avenue). F. Approved (6 to 0), a Class I site plan modification associated with the replacement a flat concrete tile roof with a metal standing seam roof for Sherwood Park Plaza, located at the southeast corner of SW 10th Street and Congress Avenue (1005 South Congress Avenue). G. Approved (6 to 0), a Class I site plan modification and associated architectural elevation changes for the installation of a store front for 138 SE 2nd Avenue, an existing commercial building, located on the west side of SE 2nd Avenue, between SE 1st Street and SE 2nd Street. H. Tabled (6 to 0), a Class I site plan modification and associated architectural elevation changes for 269 SE 5th Avenue, an existing commercial building located on the east side of SE 5th Avenue (southbound Federal Highway), south of SE 2nd Street. The Board requested that the applicant provided more details, identify the building materials and provide a color rendering of the building. Approved with conditions (6 to 0), a Class II site plan modification and architectural elevation plan associated with a 427 sq. ft. addition for Caf~ Mancini, located within Grove Square at the southwest corner of East Atlantic Avenue and the FEC Railway (276 East Atlantic Avenue). J. Approved with a condition (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,692 sq. ft. clubhouse facility for Lakeside Delray Clubhouse, located on the south side of Layer's Circle, approximately 200 feet east of SW 10th Avenue. K. Approved with conditions (6 to 0), a Class III site plan modification associated with the conversion of two retail bays to a 1,162 sq. ft. restaurant with a 152 sq. ft. outdoor dining area for Christina's Restaurant, located within the Ocean City Lumber Company complex, on the east side of Pineapple Grove Way (NE 2"d Avenue), approximately 100 feet north of East Atlantic Avenue. No appealable items were considered by the Historic Preservation Board. However, the following item was considered by the Board: City Commission Documentation Appealable Items Meeting of December 9, 2003 Page 3 Recommended approval (7 to 0), to the Planning and Zoning Board the Future Land Use Map (FLUM) amendment from General Commercial (GC) in part, and Commerce (CMR) in part to Commerce (CMR) and rezoning from GC (General Commercial) in part and MIC (Mixed Industrial and Commercial) in part to MIC for Delray Depot (former Train Station Depot site), located at the northwest corner of 1-95 and West Atlantic Avenue. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - December 9, 2003 S.P.R.A.B.: A. QUIZNOS SUB B. THE LOCARB CENTER C. MARRIOTT RESIDENCE INN D. RUSTIC ROOSTER, INC, E. DELRAY MUFFLER HOUSE F. SHERWOOD PARK PLAZA G. 138 S.E. 2ND AVENUE H. 269 S.E. 5TN A VENUE I. CAFE MANCINI J. LAKES/DE DELRAY CLUBHOUSE K. CHRISTINA'S RESTAURANT CfTY OF DELRAy BEACH, FL PLANNING & ZONING DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~. - REGULAR MEETING OF DECEMBER 9. 2003 AWARD OF BIDS AND CONTRACTS DECEMBER 5, 2003 This is before the City Commission to approve the award of the following bids: Contract award to Insitufoma Technologies, Inc. in the amount of $480,233.50 via the 2003 City of Lake Worth Contxact, the Town of Palm Beach Contract (RFP#2003-13), and the 2003-04 Manatee County Contract (RFP #00-6019FL) for trenchless sanitary sewer rehabilitation of 5,309 feet of gravity sewer (Systems 16 and 17/Barrier Island). Funding is available from 442-5178-536-63.51 (Sewer Purchase award to Turner Outdoor Equipment in the amount of $15,840.72 via the Orange County School Board Contract #02-03-11VH for one (1)John Deere Model #5105 Tractor for the Delray Beach Golf Course. Funding is available from 445-4761-572-64.90 (Dekay Beach Municipal Golf Course Fund/Other Machinery/Equipment). Recommend approval of the above bids and puxchases. S:\City Clexk\agenda memo\Bid Memo. l Z09.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: David T. Harden City Manager C. Danvers Beatty, P.E.~~ Deputy Director ofP~fl:rlt~ UtSIities DATE: December 2, 2003 SUBJECT: Rehabilitation of Gravity Sewer System 16 and 17 Attached is an Agenda Request and supporting documentation for award of a contract to lnsituform Technologies, Inc. for trenchless sanitary sewer rehabilitation of 5,309 feet of gravity sewer. The specific area identified for rehabilitation are Systems 16 and 17, Barrier Island. The work will be performed based on unit prices from the existing Town of Lake Worth, Town of Palm Beach and Manatee County Contracts on file in the Purchasing Division. The total amount of this contract is $480,233.50 and funding is available from R&R Account # 442-5178-536- 63.51, Sewer Mains. Please place this item on the December 9, 2003 Agenda for consideration by City Commission. CDB/pd CCi Richard Hasko, P.E., Director of Environmental Services Scott Solomon, Manager of Water/Sewer Network Division Jackie Rooney, Purchasing Supervisor City Clerks Office Agenda File U:\wwdata~Ivlerno\City Manager\03Dec02-Rehabilitation of Gravity Sewer.doc YACHT BASIN -- .Z 0 (D I-- Z D. 55 16" PIG WYE & 16" X 12" REDUCER i GOVT LOT ~ GOVT LOT 4 CITY of DELRAY BEACH ENVIRONMENTAL ~8 DEPARTMENT Sysfem 16 Reh~b LOT X YACHT BASIN YACHT BASIN Io2 52 System 17 Rehob Slip Lining DA~E:I 2/01/0~ sys 17 rehob Rehabilitation of Gravity Sewer Systems 16 and 17 NO. IDESCRIPTION ]UNIT ! QTY. / Unit Price / Total Price Town of Lake Worth Contract Items Mobilization Maintenance of Traffic Video Allowance Clean & TV Reconnect Service Lines 31ace Service Laterals & C.O. Pass Pum Post TV Inspection ~lacement ;idewalk Replacement )lacement with 12" HDPE Town of Palm Beach Contract Items I 8" Inversion Lining 2 115,,Inversion Lining 3 118" Inversion Lining 4 I Restore Service Laterals SUB TOTAL I Line Service Laterals 2 I!nstall Clean Outs SUB TOTAL Manatee County Contract Items E.A. 22 . E:A. 22 Sectional Liner 15" Sectional Liner Miscelaneous Contract Items SuB TOTAL $3,400.00 $3,400.00 $12,250.00 $12,250.00 $40,000.00 $900.00 $900.00 $13,100.00 $13,100.00 $2,060.00 $20,600.00 $695.00 $6,950.00 $13,600.00 $13,600.00 $2,000.00 $2,000.00 $39.00 $9,087.00 $23.00 $2,300.00 $56.00 $280.00 $67.00 $335.00 $65.00 $86,320.00 $27.50 $71,500.00 $42.50 $13,047.50 $46.50 $49,941.00 $281.00 $17,703.00 StS2;~:~,50 $2,800.00 $61,600.00 $800.00 $17,600.00 $79,200;~ $3,300.00 $29,700.00 $3,96O.0O I $100.00 $100.00 TOTAL EVALUATED:CONTRACT $480,233'50 S:\Environmental Services\Dan Beatt3AInsituforrn Bid Tab.xls Pdnt Date: 12/2/2003 lnsltuform 7i'chnoh 'ics; hm Worldwide Pipeline Rehabilitation 11511 Phillips Hwy S. Jacksonville, FL 32256 Tel: (904) 262-5802 Fax: (904) 292-3198 (800) 633-8362 www.insituform.com October 27, 2003 Mr. Scott Solomon, Manager of Water & Sewer Network City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Re: Sea Sage Dr. Sewer Reconstruction Dear Scott, We are pleased to offer the City of Delray Beach the opportunity to "piggyback" our 2003 City of Lake Worth sewer reconstruction contract for the Sea Sage Dr. project. A copy of the Lake Worth contract is enclosed for your review. ards, Ted Hotchkiss Area Account Manager Sent ~y: [NS[TUFORM ~0429231!5; 12/02/03 ~:09PM;,~,ff..~&_#320;Page 2/2 Technologies.', Inc. December 2, 2003 Mr. Scott Solomon Manager Water and Sewer Network City of Deir,~y Beach 434 S. Swinton Ave. Delray Beach, FL 33440, · Re: Piggybacking .M~atee County mid Town of Palm Beach Contracts Dear Scott, lnsitufonn Technologies, lnc. (ITl) is pleased to offer our 2003-04 Manatee County Contract (RFP #00-6019 FL) and Town of Palm Beach Conlravt (RFP #2003-13) for sanitary sewer lining in the Cily of Delray Beach. Ali prices, terms and conditions staled in the contracts will exist betwem~ lTl and the City of l~lray Beach. We look forward to continuing our working relationship with the City of Delray Beach. Best regards. Ted Hotchkiss Area Account Mmmger AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item Date: December 2, 2003 When: December 9~ 2003 Description of item (who, what, where, how much): Staff requests Commission award of a contract to Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation of 5,309 feet of gravity sewer. The work will be performed based on unit prices from the existing Town of Lake Worth, Town of Palm Beach and Manatee County Contracts on file in the Purchasing Division. The total amount of this contract is $480,233.50 and funding is available from Account # 442-5178-536-63.51, Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staffrecommends award of a contract to Insituform Technologies, Inc. offthe Town of Lake Worth, Town of Palm Beach and Manatee County Contracts in the amount of $480.233.50. Department head signatur '~~~ ]2-~-o2, 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 No. & Description Account Balance City Manager Review: ~,~ Approved for agenda: [YE/St/NO Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U:\wwd ataWormsLAgend a Requests\03Dec02-AgendaReq - Gravity Sewer.doc MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Manager(~k,,~ Joseph Safford,~e Director December 02, 2003 DOCUMENTATION - CITY COMMISSION MEETING DECEMBER 09, 2003 - PURCHASE OF ONE (1) JOHN DEERE MODEL 5105 TRACTOR FROM TURNER OUTDOOR EQUIPMENT VIA ORANGE COUNTY SCHOOL BOARD BID #02-03-11VH Item Before Commission: City Commission is requested to approve award to Turner Outdoor Equipment for the purchase of one (1) John Deere Model #5105 Tractor via the Orange County School Board Bid #02-03- 11VH for a total amount of $15,840.72. Background: The Delray Beach Municipal Golf Course is in need of a new tractor mower to pull the new rotary mower we purchased last year. The current tractor in use is 12 years old and it is on its last "legs". This new unit, the John Deere Model #5105, will have special turf tires and is powerful enough to operate the mowing decks and will help with other operations such as aerifying, etc. This makes the tractor more versatile and useful for the golf courses. This John Deem Tractor Model #5105 is available from Turner Outdoor Equipment via the Orange County School Board Bid #02-03-11VH at a 28% discount from original cost of $22,001. See attached price quote from Turner Outdoor Equipment dated April 18, 2002. Also attached is the Tabulation of Bids received and Award to John Deere Company fi'om Orange County Schools. (The award for Group 12 was originally awarded to Lawn Power & Equipment, but they sent a letter saying they could not honor the pricing so Group 12 was then re-awarded to John Deem Company for group 12 at 28% discount.) The Delray Beach Municipal Golf Course and Assistant City Manager recommend the award to Turner Outdoor Equipment per attached documentation dated November 11, 2003 and quote #22197 dated October 07, 2003 from Turner Outdoor Equipment. Recommendation: Purchasing staff recommends award to Turner Outdoor Equipment for the purchase one (1) John Deere Tractor Model #5105 from Turner Outdoor Equipment via the Orange County School Board Bid #02-03-11VH for a total amount of $15,840.72. Funding from account codes 445- 4761-572-64.90. Attachments Memo From Golf Course Orange County Contract Award Memo/Pricing from Turner Outdoor Equipment D~( M1 ~'P)O~ 1~:' ~' FROM: TO:SF, 1243Y1GG P.ON4~HO!) Memo To: Bt, ah.~ I)~l,l~'t From:Tom Areatdt CC: Sharon Pai.ter Datec 11PI0103 Re: ~ purchase I)eiray Gear Club- We have budgeted ,$50,000 for equipment purchases at the Detray course. So far we have spent nolhing of this budget We need to p~chase a Ir'actor to pull th~ new rotary mower we purchased last year. We are presently uslng a '12 year old tractor that is on its last legs. It literally might fail any day and leave us with serious problem& 1'he unit we recommend purchasing in a John Deem model 5105 with spedal tuff bres. It is powerful enough to operate the mowing decks and will also help in other operations such as aerlfying, etc. The list price far this machine is $'~,001.00. However the cJty can I:)lggyback purchase the unit from the Orange Cowry School Boad bid #02-03-11vh_ This provlcles a 28%d'~uc~unt off list. This brings our c~st clown t(~d$15;840:TZ-.-) I recommcnd w~ puruflase this tractor. Al~ached is a PO requisition end bid $13eet flora Jahn Deem · Page CITY OF DELRAY BFACIt QUOTE # 22l 97 A ri N TOM Q'rY ORDER CODE DESCRIPTION 1122LV 1000 1500 4015 62.O6 'I010 7505 9U20 R31650 LVIS00$0 RF.194a5 JOHN DEERE 5105 TRACTOR 2 WHEEL DRIVE FIXED ROPS 22.5LL 16.1 GALAXY TURF TIRES REAR 27/YTLI-15 TURF TIRF_~ FRONT DUAL ~ SCV LESS ~ SCV'S TELESCOPING DR AFT LINKS FRONT WEIOHT SUPPORT 110LI~ 100LB QUICK-TATCH WEIGHTS CANOPY BRACI~T KIT CANOPY A8 P~R ORANGE COUNTY SCHOOL DISTRICT CONTRACT # 02-03-1 ivH, 1TIfM # 30,28~ OFF LIST PRICE 0?TII OCT 2003 LIST PRICE ' $17,840.00 IN BAgE PRICE $ 1,350,00 $ 2530O $ ~.o0 IN nASE PRi¢£ $ 271.00 It I I0.00 $ 390.00 $ 9O.0O $ 723.00 TOTAL LIgT PRICE i2:'.,oot.00 -28% -$ 6,160.2N $15,$40 CITY OF DELRAY BI~ACH PRICE F.O.,B crrY OF DI?J.RIY BEAClt, ORIlEa~ MI3ST LI/gT _vEI~OR ~ JOHN DEEKE CO 20o0 JOHN DEERE R1J~ CAKY. NC 27513 DJ~L~G DF4~I..ER TO ~ TUP. N~R 0Lq~OOR EQUIPMENT 2507 N FED HWY DELP-_Ay BEACH PL 334g3 PHONE 561-272-$305 CONTACT JAMES BUNTINO CELL # $61-ga3-0328 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: December 09, 2003 Date: December 02, 2003 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Pumhase of one (1) John Deere Model #5105 Tractor from Turner Outdoor Equipment via Orange County School Board Contract #02-03-11VH for total amount of $15,840.72 at a 28% discount from original price of $22,001 for the Delray Beach Municipal Golf Course. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Purchase of John Deere Model #'5105 Tractor from Turner Outdoor Equipment via Orange County School Board Contract #02-03-11VH for total amount of $15,840.72. Funding from account code 445-4761-572-64.90. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items~in~volving expenditure of funds): Funding available: Yes ~'~.~"P" I~l~~ Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:(~ Hold Until: Agenda Coordinator Re¥1ew: Received: No (if applicable) I:ITY OF DELRI1Y BEI:IrH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH AIl.knetca City TO: MEMORANDUM November 14, 2003 City Commission David Harden, City 'Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment No. 1 to the Contract for Sale and Purchase Between the City of Delray Beach, Florida and D.R. Horton, Inc. (Horton) The contract for sale and purchase incorporates the Request for Proposals and Response. The contract provides that D.R. Horton, Inc. will dedicate ten acres to the City for a Public Park, and provide for a preliminary design of the park. Amendment No. 1 provides that D.R. Horton will provide Construction Management Services for the park, as long as they are on site, at no cost to the City. Amendment No. 1 also provides for the early payment of park impact fees by D.R. Horton, if the City has approved plans and a contract to commence park construction. The Construction Management Services are limited to on-site supervision and scheduling of services of the City's contractor. Please place this Amendment No. 1 to the Contract for Sale and Purchase on the December 2, 2003 City Commission agenda. Attachment Cc: Barbara Garito, City Clerk Joe Weldon, Director of Parks and Recreation Karl Albertson, D.R. Horton Tony Palumbo, D.R. Horton Juan Rodriguez, Esq. Robert Federspiel, Esq. Amendment No. 1 to the Contract for Sale and Purchase Between the City of Delray Beach, Florida and D.R. Horton, Inc. THIS AMENDMENT NO. 1 to the Contract for Sale and Purchase is made this day of ~ 2003, by and between the City of I ' Delray Beach, a Florida municipal corl~oration (the "City")("Seller"), and D.R. Horton, Inc., a Delaware corporation, (the "Buyer"). wITNESSETH: WHEREAS, the City, as Seller gnd the Buyer, D.R. Horton, Inc. entered into a Contract for Sale and Purchase (Contract) dated April 2, 2003; and, WHEREAS, the Contract included the Request for Proposal (RFP) and and the Response submitted by D.R. Horton dedicate a public park to the City; and, WHEREAS, the RFP and Res design for a passive park; and, WHEREAS, Inc., which provided that the Buyer was to )onse stated that the Buyer would provide a the parties have! also agreed to the additional duties and responsibilities pertaining to the Park a~ set forth herein. 1. Recitals. The Recitals are incorporated as if fully set forth herein. 2. Park and Recreation Impact, Fees. In order that the City may use the funds for some level of construction of the park at the time of construction of the Bexley Park Development, D.R. Horton, Inc. Will pay park impact fees at the rate of $500.00 per unit, per City ordinance, on the totai number of units (264) for a total of $132,000.00 to be paid at closing, in the event the City has a contract for work to be performed, together with approved plans, or the impact fees will be paid at the time D.R. Horton, Inc. submits for a building permit or the City enters into a contract together with approved plans for park construction, whatever occurs first. 3. Construction Mana.qement Services; Termination. As long as part of the construction occurs in a timeframe that D.R. Horton, inc. (Buyer) is on site, Buyer will serve as construction manager for the construction of the park; provided however, if at any time, the City is unsatisfied with the construction management services provided by Buyer, the City has the right to retain its own construction manager or to act as its own construction manager and the construction management services provided by Buyer will cease within five (5) days from the date of a written Notice of Termination of the services. The Construction Management Services provided by Buyer shall be limited to on-site supervision and scheduling of services of the contractor's chosen by the City. Buyer will not be responsible for any of the actual construction work done and provides no warrantees there under. 4. Additional Construction Mana.qement Services. The City may provide for additional development (beyond which is possible using the early payment of park impact fees) in a phased approach. So long as Bexley Park is being constructed, the Buyer will act as the construction manager for additional phases of park construction and development at no cost to the City. 5. Costs of Construction Manager. The City shall not have to pay for any construction management services provided by Buyer before or after any termination of the services. The provision of the construction management services by Buyer is at Buyer's sole cost and expense. 6. Survive Closing. The agreements herein provided shall survive closing until and unless terminated as herein provided. 7. Additional Duties and Obligations. This agreement provides for additional duties and obligations of the parties. Nothing contained herein shall change or nullify any other obligation, right or duty contained in the original contract for sale and purchase which shall remain in full force and effect. 8. Details of Execution. This Amendment No. 1 to the Contract for Sale and Purchase to be enforceable must be executed by either Donald J. Tomnitz, Samuel R. Fuller, or Gordon D. Jones, each an officer of the Buyer, and the Mayor of the City of Delray Beach. 9. Entire Agreement. This Amendment No. 1 and the original Contract for Sale and Purchase dated April 2, 2003 constitutes the entire Agreement between the parties. Attest: CITY OF DELRAY BEACH, FLORIDA By: By:. City Clerk Jeff Peflman, Mayor Approved as to legal sufficiency And form: By: City Attorney 3 D.R. HORTON, INC. a Delaware corporation, successor by merger to Continental Homes of Florida, Inc., a Florida corporation By:. Print Name: Title: (Seal) STATE OF COUNTY OF corporation. The foregoing instrument was acknowledged before me this __ day of ., 2003, 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 He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any 4 D.R. HORTON, INC. a Delaware corporation, successor by merger to Continental Homes of Florida, Inc., a Florida corporation By: Print Name: Gordon Jones Title: Reqional President (Seal) STATE OF COUNTY OF corporation. The foregoing instrument was acknowledged before me this __ day of , 2003, 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 He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any [ITY I)F I)ELRII¥ BBI[H CiTY ATTORNEY'S OFFICE 200.w ,.,AVENUE.DEL.AY .EACH, FLOR,DA ,34.. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Writer's Direct Line: 561/243-7091 MEMORANDUM December 5, 2003 TO: FROM: City Co~...~is~_ Brian Shutt, Assistant City Attorney SUBJECT: Amended and Restated A.qreement/Ocean City Lofts A subdivision improvement agreement was approved by the Commission at its November 11, 2003 City Commission meeting regarding the reimbursement of costs for the construction of infrastructure in the N.E. 4th Avenue corridor by the developer. Since the approval the estimated cost to construct has been revised. The language regarding the bond requirements has also been changed to clarify that a warranty bond will be required upon completion of the project. By copy of this memo to David Harden, our office requests that this item be placed on the December 9, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AMENDED AND RESTATED SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT entered into this __ day of ., 2003, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and CITY CENTER DEVELOPMENT, LLC, a Delaware limited liability company (hereinafter referred to as OWNER), to provide as follows: WHEREAS, OWNER, is developing the property referred to as "Ocean City Lofts", as more particularly shown on Exhibit "A", attached hereto and incorporated herein (the "Development"); WHEREAS, the CITY is requesting that OWNER make certain offsite improvements located in the public right-of-way (the "Offsite Improvements"). NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the OWNER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. The OWNER shall construct the Offsite Improvements as described and detailed in Exhibit "B" attached hereto and incorporated herein. Exhibit "B" shall list the items to be included in the Offsite Improvements. The Offsite Improvements shall also be shown on the plans attached as part of Exhibit "B", however only the listed items are covered by this Agreement. 3. The CITY shall reimburse the OWNER, upon the completion and acceptance of the Offsite Improvements, the actual costs of the Offsite Improvements provided, however, the CITY shall in no event pay an amount that exceeds One Hundred Twenty Thousand Dollars ($120,000.00)(the "Construction Amount"). However, if requested by OWNER, the CITY may make a partial payment to the OWNER once fitty percent (50%) of the work as described above has been completed and accepted by the CITY based on actual costs not to exceed the amount stated above. The CITY shall retain 10% of the Construction Amount until a final certificate of occupancy (C.O.) is issued for the entire project. OWNER may be allowed to substitute a bond in place of this 10% retainage, however, the time period for a warranty/guarantee bond shall not begin to run until the granting of the final C.O. by the CITY. 4. The Offsite Improvements must be completed, finalized and accepted by the CITY within one hundred twenty (120) days of the execution of this Agreement. The CITY shall have any remedy available to it in law or equity with respect to completion, finalization and acceptance of the Offsite Improvements. 5. All restorations of the area affected by the Offsite Improvement shall be the responsibility of the OWNER. The restorations shall be performed in accordance with the OWNER'S approved engineering plans which are described and detailed in Exhibit "B" attached hereto and incorporated herein. 6. OWNER shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws, ordinances and applicable to the place of the Development which are applicable during the performance of the work. 2 7. OWNER, shall, Prior to the granting of a final C.O., provide a warranty/guarantee bond in an amount equal to 10% of the Construction Amount of the Offsite Improvements, which shall be in effect for a one year period commencing upon the date the final C.O. is issued. Defects in the installation or construction of the Offsite Improvements, which are remedied within the one year period atter the date the final C.O. has been issued shall subject the remedied portion of the work to an extended warranty/guarantee period of one (1) year after the defect has been remedied. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CITY and Surety shall be a nationally recognized Surety Company acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, for projects not exceeding ($500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2003). If the OWNER is a partnership, the Bond should be signed by each of the individuals who are partners; if a corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of OWNER or Surety; (c) duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. 3 If the surety on any Bond furnished by OWNER is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida, OWNER shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with this paragraph. 8. OWNER, shall supervise and direct the installation and construction of the Offsite Improvements, applying such skills and expertise as maybe necessary to perform the work in accordance with the approved engineering plans. All aspects of Offsite Improvements shall be inspected by the CITY. OWNER shall construct the Offsite Improvements in accordance with the applicable standards and codes of the City of Delray Beach. OWNER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the Offsite Improvements. 9. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 10. This Agrec~n~nt constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of water, sewer, drainage and roadway improvements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 11. OWNER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the CITY, its employees, agents and officers from and against any and all claims, lawsuits, damage, loss, of whatever kind, arising from the construction or installation of the Offsite Improvements, including, but not limited to reasonable attorneys' fees and costs at the trial and appellate levels. 4 12. OWNER or its contractor shall maimain workers' compensation insurance in an amount required by law and general liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) governing bodily injury and property damage in standard form, insuring CITY as additional named insured. 13. It is the intent of the parties that this Agreement shall mn 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. 1N WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Name Primed or Typed) (Name Printed or Typed) CITY OF DELRAY BEACH By:, Mayor, Jeff Perlman CITY CENTER DEVELOPMENT, LLC By:. Its: Manager STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200.~, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public My Commission Expires: 6 EXHIBIT A Z ATLANTIC Z -- 2ND 15T IST CT. ST, AVENUE OCEAN CITY LOFTS LOCATION MAP 2005-200 JlOF1 EXHIBIT B NE 4th Ave Utility Improvements Ocean City Lofts Project # 2003-038 ITEM NO. DESCRIPTION QUANTITY UNIT DRAINAGE ITEMS 1 Maintenance of Traffic (Includes Pedestrian M.O.T./ 1 L.S. 2 18" RCP 460 L.F. 3 Type "C" Inlet 3 EA. 4 Manholes 3 EA. 5 Special Manhole 1 EA. 5 Adjust Existin9 Manhole Rim 1 EA. 6 Remove Existin~l Inlet 1 EA. 7 NPDES Compliance 1 L.S. REUSE WATER MAIN ITEMS 8 16" D.I.P. Reuse Line W.M. 370 L.F. 9 16" Restrained Plu~ (W.M.) 2 EA. 10 16" Gate Valve with Valve Box & Extension (W.M.) 2 EA. 11 Fitin~ (W.M.) 0.20 TN SANITARY SEWER ITEMS 26 Remove exist. 8" PVC S.S. 340 L.F. 27 Const. 8" PVC S.S. 340 L.F. 28 Manholes 2 EA. 29 Sanitary Sewer Lateral 3 EA. C:~Docurnents and Settings\Risco~Local Settings~Temporary Internet Files\OLK2FF~agmt exhibit b.xls 12/5/2003 I:ITV OF DELRI1¥ BEI:IEH DELRAY BEACH Ali-America City 1993 FROM: 2001 DATE: DELRAY BEACH. FLORIDA 33444 SUBJECT: MF..MORANDUM David T. Harden, City Manager tg~obert A. Barcinski, Assistant City Manager December 3, 2003 AGENDA ITEM {~ ~.- CITY COMMISSION MEETING DECEMBER 9, 2003 CONSIDERATION OF BONUS PAYMENT TO JCD SPORTS GROUP, INC. ACTION City Commission is requested to consider a bonus payment to JCD Sports Group, Inc. for golf operations for FY 2003 in the amount of $18,000 and for Tennis Operations in the amount of $5,500 for a total of $23,500. Funding is available in account number 445- 4711-572-34.90 ($14,300), 446-4711-572-34.90 ($9,000), and 001-4215-575-34.90 ($5,280). BAGKfiROUND Attached is a memorandum received from Mr. Dubin requesting a 12.5% bonus for golf and tennis for FY 2003. He has included his justification for his request. Per the contracts for golf and tennis, JCD Sports Group, Inc. is eligible for up to a 15% bonus of base fees. Based on the annual contracts they would be eligible for $21,600 for golf and $6,600 for tennis. Due to an oversight on my part, performance measures for FY 2003 were not brought back to Commission for approval I have reviewed the performance measures (actuals versus projections) contained in Mr. Dubin's memo and have verified the actuals. I feel that maximum points should only be given for greatly exceeding performance goals. Therefore I am recommending an increase of no more than 11% for both golf and tennis operations. RECOMMF,31DATION Staff recommends consideration of approval of a bonus payment to JCD Sports Group, Inc. for FY 2003 in the amount of $15,840 for golf and $4,840 for tennis with funding as follows: · Account number 445-4711-572-34.90 $11,000 · Account number 446-4711-572-34.90 $ 4,840 · Account number 001-4215-575-34.90 $ 4,840 RAB/tas File:u:sweeney/agcnda Doe: Bonus Payment JCD Sports Group 2003 561/243-7000 THE EFFORT ALWAYS MATTERS ~ Printed on Recycl,ed Paper Golf& Tennis Management, Development & Consultation A Division of Dubin & Associates November 21, 2003 Attention: Bob Barcinski City of Delray Beach 100 NW 1~t Avenue Delray Beach, FL 33444 Dear Bob, We are hereby requesting our annual bonus payment in the amount of $23,500 representing 12.5% of the maximum bonus of 15% as per contract in the amount $188,000. We are requesting that this item be placed on the Commission agenda for December 2, 2003. Although the attached performance measures were not officially approved by City Commission, we believe that they allow you to judge our overall performance for the past year. Please find enclosed a Golfer Satisfaction Survey Comparison for years 2002 and 2003 for the Delray Beach Golf Club Golf Operations, Restaurant, Lakeview Golf Club and the Delray Beach Tennis Center. In the Delray Beach Golf Club Golf Operations the average of all surveys increased to 3.9 in 2003 fi.om 3.8 in 2002. Course conditions and pace of play reflected some customer dissatisfaction. As you know, we renovated our course in May 2003 and continually faced the problem of speed of play due to the amount of day play on our golf course. Staff fi.iendliness, playing enjoyment and lesson programs continue to be our strong suit. In the Delray Beach Golf Club restaurant we maintained un extremely high level in average surveys for 2002 and 2003 at 4.6. In all areas we found our customers to be extremely satisfied. At Lakeview Golf Club the average survey declined from 4.1 in 2003 to 3.9 in 2003. 1300 Park of Commerce · Suite 272 · De[ray Beach, FL 33445- (561) 265-0255 · Fax (561) 265-2752 Course conditions declining fi.om 4.3 to 3.5 was our major weakness while staff fi.iendliness and playing enjoyment remained high. Course conditions were unfortunately affected by a fungus caused by rainy, humid conditions in January 2003, the height of our season. In regard to the perform~ance measures, we accomplished all of the performance measures at Delray Beach Golf Club. 2003 2003 Projections Points Actual Customer Satisfaction Survey 3.5 or better 25 4.3 Sponsored Programs 1,500 - 2,000 10 3,040 Rounds 56,000 - 61,000 15 56,499 Golf Fees $1,121,500 - $1,221,500 20 $1,180,201 Merchandise Sales $79,000 - $89,000 10 $95,869 Permits 275 - 325 10 282 Restaurant Sales $823,000 - $923,000 10 $874,264 Please note that our golf course opened approximately two weeks later than planned which affected mtmds, golf fees, merchandise sales and restaurant sales. The golf course renovation project was a huge success which has resulted in increased rounds and golf fees beginning October 2003. In regard to the performance measures at Lakeview Golf Club we accomplished the following: Customer Satisfaction Survey Sponsored Programs Rounds Merchandise Sales Food & Beverage Sales 2003 2003 Projections Points Actual 3.5 or better 25 3.9 1,500 - 2,000 10 3,040 32,000 - 57,000 15 52,114 $14,000 - $19,000 10 $18,454 $21,000 - $26,000 10 $25,891 We did not accomplish the following: Golf Fees $687,75O - $787,750 Playcards $150,000 - $160,000 20 $637,465 10 $146,304 Without a doubt, the customer base of Lakeview Golf Club has been adversely affected in 2002-2003 by low interest rates and the fall of the stock market. At the Delray Beach Tennis Center we accomplished all of the performance measures. 2003 Projections Points Customer Satisfaction Survey 3.5 or better 25 Memberships 400 - 450 15 Daily Players 58,000 - 63,000 15 Program Participants 3% - 7% 10 Lesson Revenues $175,000 - $275,000 15 League Tourneys $30,000 - $40,000 10 General Admissions $70,000 - $80,000 10 2005 Actual 4.4 436 60,967 10% $263,552 $35,847 $7O,67O Overall, we believe that JCD Sports Group has provided our golf and tennis customers with a quality playing and dining experience that is admired by other municipal golf and tennis facilities in South Florida. Our customers are extremely satisfied with our performance reflected in our customer surveys. Our level of service is extremely high on a daily basis. Based on our performance we do feel justified in requesting a bonus of 12.50% of our annual management fees of $188,000 or $23,500. In year 2002 JCD Sports Group received a total bonus of $16,010. Thank you for you consideration. Yours truly, Brahm Dubin President CC: Sharon Painter 1. How many times a year do you play at either of our facilities? 2. Are you a 3. Are you 4. What is your aga? Delray Beach Tennis Center Customer Survey 2000 2001 10 25 50 100 180 Member? City Resident? Male? Female? Under18 19-35 36-50 51-65 Over65 2002 of 1 oo surveys 2% t0% 15% 32% 41% 87% 50% 56% 44% 0% 7% 19% 34% 40% 2003 of 117 surveys 12% 12% 18% 20% 39% 55% 45% 46% 54% 0% 7% 24% 36% 33% Please rate the foltowing on a 1-5 scale I being the ~owestl 5 bein~ ~he highest Court Conditions Delray Beach Tennis Center Delray Swim & Tennis Club 6. Progmma 3.72 3.40 3.94 4.18 NIA 3.92 3.91 4.07 Adult 3.38 3.13 3.82 4.14 Junior NIA 2.89 4.6t 4.44 7. Staff Pros Front Desk - Delray Beach Tennis Center Front Desk - Delray Swim & Tennis Club 8. Maintenance I Cleanliness 9. Customer Service 10. Overall Management 11. Overall Satisfaction Grand Total: 4.44 3.69 4.43 4.48 4.47 4.62 4.70 4.48 4.47 4.32 4.50 3,99 3.7 4.15 4.28 4.59 3.7 4.35 4.54 3.4 4.14 4.33 4.28 4.17 4.37 4.19 4.37 Request to be placed on: X Regular Agenda When: December 9, 2003 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: __ Workshop Agenda City Commission is requested to consider a bonus payment to JCD Sports Group, Inc. for golf operations for FY 2003 in the amount of $18,000 and for Tennis Operations in the amount of $5,500 for a total of $23,500. Funding is available in account number 445-4711-572-34.90 ($14,300), 446-4711-572-34.90 ($9,000), and 001-4215-575-34.90 ($5,280). ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Staff recommends consideration of approval of a bonus payment to JCD Sports Group, Inc. for FY 2003 in the amount of $15,840 for golf and $4,840 for tennis with funding as follows: · Account number 445-4711-572-34.90 $11,000 · Account number 446-4711-572-34.90 $ 4,840 · Accountnumber001-4215-575-34.90 $r~8~0 . .~ Department Head Signature: /~~>~.~ ,1~/3[0__~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required pn all items involving expenditure of funds): Funding available: Yes ~ L ~{~ No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: (if applicable) Approved for agenda: ~'~ ~'~/~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P,O. # MelTIO Te.' City Commissio~n ,,,/~ From~ David Harden ~" { CC.. December 5, 2003 Grant Consulting Contract Renewal Langton Associates is requesting a renewal of our grant consulting contract with them for another year. We have now had a contract with Langton for three years, for which we have paid them $187,500. A copy of their recently expired contract and the report of the grants they have worked on over the last three years are attached. It its staff's opinion that having Langton on retainer has not proven beneficial to the City. Most of the grants they have worked on have been at the request of the city staff. They have rarely initiated grant proposals or alerted us to grant opportunities we were not already aware of from other sources. In some cases they have prepared grant applications when requested by us. In other cases they have simply reviewed and commented on grant applications prepared by our staff. We believe their fees have exceeded the additional grants they have brought in. Recommendation: Therefore, staff recommends that we not renew the current contract. However, we do recommend that we retain the services of Langton in seeking the Flodda Communities Trust grant for expansion of Old School Square, and for the Federal appropriation we seek for raconfiguration of Federal Highway. November 25, 2003 LANGTON Associates OEC 1 - 2003 CiTY M, .HAI3 Mr. David T. Harden City Manager City of Delray Beach I00 N.W. 1st Street Delray Beach, Florida 33444 RE: Grant Consulting Contract Renewal Dear Mr. Harden: Our contract with the City of Delray Beach recently expired. While there is some disagreement with your Finance Department whether the contract expired October 31 or September 30, I understand that it is on the Commission agenda to be renewed on December 9. I would like to request that the new contract be made retroactive so there is no lapse in term. As you know we have continued to work on behalf of the City of Delray Beach. One of our highest priorities, and I know one of the City's, is the Old School Square Addition property. We are working diligently to implement the strategy we developed to ensure that this application scores a 135, and therefore is within the fundable range. We are in the process of developing the City's Emergency Management grants, which are due early next year. We continue to work with the Congress on the Transportation Authorization Act project that the City proposed for improvements o~ George Bush Blvd. Our FRDAP application for Lake Ida Park is presently being evaluated and will likely require a legislative strategy to achieve. These are in addition to new projects that the City chooses to pursue over the coming year. Thanking you in advance for your continued support. Sincerely, Mike Langton President 118 West Adams Street, Suite 700 * Jacksonville, FL 32202 * (904) 598-1368 · (904) 598-1837 Fox * mlangton@langtoncounsulting.com CONSULTING AGREEMENT This consulting agreement made on this ~ day of November, by and between Langton Associates, Inc., hereinafter referred to as "Langton", and City of De[ray Beach, hereinafter referred to as "Client" under the following terms and conditions: RECITALS 1. Langton agrees to provide professional consulting services to Client for the term of 12 months, commencing November 1, 2002, and ending October 31,2003. Langton agrees to exercise its best efforts to obtain governmental grants and benefits for client. It is understood, however, that Langton cannot guarantee results that any certain amount of funds will be obtained for Client. 2. Pursuant to this agreement Langton agrees to provide specific services as follows: B. C. D. E. F. Strategic Grants Plan based on a comprehensive needs assessment; Strategic Grants Plan Workshop before the City Council; Determination of funding sources that meet the Client's needs and their availability; Preparation and submission of all grant applications; Technical Assistance on all grants to all departments; and Intergovernmental Relations with Federal and State Governments. 3. In exchange for Langton performing these services as established herein and devoting agency time, Client agrees to pay Langton the sum of $62,500 to be paid in twelve (12) equal installments of $5,208.33 per month. Client agrees that payment herein shall be made monthly by the 10th day of the following month after the invoice rendered by Langton. 4. Langton agrees to devote the necessary time and performance of duties for Client, and shall report to the City or its designee on all matters concerning this agreement and the discharge of its scope of services. Inasmuch as the professional services rendered are of a subjective nature subject to differences of opinion, mutual confidence and respect are necessary. Accordingly, this contract can be terminated by either party without cause upon giving of a thirty (30) day notice as follows: As to Langton: 118 West Adams Street, Suite 700 Jacksonville, Florida 32202 As to City of Delray Beach: David Harden, City Manager 100 N.W. 1st Avenue De[ray Beach, Florida 33444-2698 In the event of a contract termination, Client's responsible to pay Langton fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton in behalf of the Client will be determined to be Client property. 5. Client agrees to pay all the expenses of Langton in conjunction with his services directly relating to Client. This shall include, but not be limited to, travel expenses (other than between Jacksonville and Client), which shall be air expense on coach flights, car rental, hotel (at commercial rates), and food (maximum of $25.00 per day). Langton will submit the invoice for these expenses which shall be paid together with the salary by the next month. If desired, Client can require a prior approval for travel expenses to be incurred by Langton. If Client so desires, such request shall be made in writing separate from this agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of necessary travel expenses, unless said time is waived in a particular case. 6. Extension of Agreement. This Agreement may be extended on an optional basis at the end of the term for two (2), one (1) year periods upon mutual agreement of the parties. WHERETO, the parties have set their hands and seal effective this day of November, 2002. ATTEST: ATTEST: Approved as to Form: LANGTON ASSOCIATES, INC. CITY OF DELRAY BEACH By: David Harden, City Manager ' DATE: ///b~b~ MEMORANDUM To: David Harden, City Manager, City of Delray Beach From: Lisa King, Vice President, Langton Associates RECEIVED DEC ! - 2003 CITY MANAGER Subject: Activities performed on behalf of the City of Delray Beach, November 2003 Date: November 25, 2003 Implementation of Old School Square addition strategy. Follow up on Transportation Authorzafion bill proposal. Technical Assistance on deficiencies report for Florida Recreational Development Assistance program for $50,000 no match grant for playground equipment for Lake Ida Park. Initiated development of Emergency Management applications. Research on $401.3 billion FY 04 National Defense Authorization Act which includes a $7.7billion grant program aimed at improving the capabilities of local fire departments to respond to emergency incidents and threats of terrorism. Dec 08 03 O5:O?p ~' '~ Associates Consultants Marie Horenburger (~6'~) Fax (,~) 733-00.~ To: MEMO David T. Harden, City Manager City of Delray Beach DEC q- FI'oll'l: Marie Horenburger, Consultant to Langton Associates Date: December 8, 2003 Laagton Associates' Crtants Writing Contract with the City of Delray Beach is on your agenda tomorrow night for renewal consideration for another year. It ~ item # 9D on page 4. Attached is a 6 page report on the activities of Langton Associates on the city's behalf. As you will note, a number of items are in process and our staffhas been working with agencies and the city on those. Langton Ires developed and is reco~ a re-submission strategy for the item relating to Old School Square Expansion Land Acqui.4tion for this comiag year. You will find that item at the bottom of page 5 of the report. Lisa King recommended the city apply for the Federal Special Projects Transportation Authorization Bill which is only available every 5 years. This is not a commonly known opportunity. She developed the required proposal working with Diane Colonna of the CRA and Dick Hasko of the Department of Environmental Services to bring it to submission. The contract we were working under expired on October 31, 2003, and we respectfully request that the renewal under consideration be fi'om November 1, 2003 through October 3 I, 2004 as we continued to perform services during the month of November. 3020 Pinetree Lane · Chapel Hill '. Boynton Beach · Florida · 33435 [IT¥ OF OELRI:I¥ BEO[# CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 DELRAY BEACH TO: MEMORANDUM December 2, 2003 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Tripartite and Interlocal A.qreement, Amendments No. 1 and 2 The above Agreement and Amendments will be before you for an advertised public hearing on January 6, 2004. However, the extension of time contained in Amendment No. 2 provides that the City will have until December 20, 2003 to elect to terminate the Agreement if the appraisals are such that the City does not want to go forward with the Agreement. The appraisal for the current CRA property and future Library site came in at $1,700,000.00 dollars. The revised appraisal for the current library site and building is $1,600,000.00. The CRA will receive $1,700,000.00, plus costs, of the sale of the property incurred by the CRA. The City will be entitled to any excess over that amount. Please place this matter on the City Commission December 9, 2003 agenda for direction on whether to proceed based on the appraisal information received by the parties. The advertised formal public hearing on the Resolution 79-03, which incorporates the Tripartite and Interlocal Agreement and Amendments I and 2, will still be held January 6, 2004. Cc: Diane Colonna, Director, CRA John Callahan, Director, Delray Beach Library Robert Federspiel, Esq. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~'~ AGENDA ITEM # C~ ~ . REGULAR MEETING OF DECEMBER 9. 2003 ENGINEERING CONSULTING AGREEMENTS DECEMBER 5, 2003 This is before the Commission for approval of seven (7) Engineering Consultant Agreements between the City and CH2M Hill; Eckler Engineering; Hazen & Sawyer, PC; Kimley-Hom & Associates; Lawson, Noble & Webb; Mathews Consulting, Inc. and McMahon & Associates for engineering consulting services. Twenty five firms responded to the request for qualifications. Firms were rated based on the following categories: Design Experience, Qualified Personnel, Proximity to the City, Experience with the City, and Florida Depa~Cuient of Transportation (FDOT) Certification. Recommend approval of seven (7) Engineering Consultant Agreements between the City and CH2M Hill, Eclder Engineering, Hazen & Sawyer, PC, Kimley-Hom & Associates, Lawson, Noble & Webb, Mathews Consulting, Inc. and McMahon & Associates for engineering consulting services. S:\City Clerk\~g~d~ mm-~ \ EnglnectingC omultmg Agreememsl 2.09.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David Harden, City Manger ~.., . ,,/,? /~)/ ) /// Randa, L. Krejcarek, P.E. 03 Dec 2003 Agenda Request Approval/Authorization of Engineering Consulting Agreements The attached agenda item is a request for Commission approval/authorization for Mayor to execute agreements with each of the selected engineering firms for Engineering Consulting Services. All agreements are subject to review and approval by the City Attorney. A draft agreement is attached. Twenty five firms responded to the request for qualifications. Firms were rated based on the following categories: Design Experience, Qualified Personnel, Proximity to Delray Beach, Experience with Delray, FDOT Certification (for Civil and Traffic) and Other Considerations. Three groupings of firms were chosen based on the projected five year capital program. The groupings include: General Civil (Civil, Sanitary, Storm Water, & Water Main design), Environmental, and Traffic (including Traffic Calming). Based on the Selection Committees review the following firms were the top five in each category: General Civil Environmental Traffic 1) Mathews Consulting, Inc. CH2M Hill McMahon & Assoc. 2) CH2M Hill Mathews Consulting, Inc. Kimley-Horn & Assoc. 3) Lawson, Noble & Webb Eckler Engineering PBS&J 4) Kimley-Horn & Assoc. Kimley-Horn & Assoc. Keith & Schnars, PA 5) Hazen & Sawyer, PC Hazen & Sawyer, PC Metric Engineering, Inc. I am proposing that seven contracts be let to include the following firms: CH2M Hill, Eckler Engineering, Hazen & Sawyer, PC, Kimley-Horn & Assoc., Lawson, Noble & Webb, Mathews Consulting, Inc., and McMahon & Assoc. If this meets with your approval, please place this agenda request on the 09 Dec 2003 Commission agenda. enc. cc Richard Hasko, P.E. file S:tEngAdmintRFQ~2003 dec engr agenda memo.doc Consultant RFQ Summary Project 2004-019 Firm General General Environmental Environmental I Traffic Traffic Civil Total Civil Rank Total Score Rank J Total Rank ScoreI Score 1 Adair & Brady, Inc 1152 19 20 22 ~ 680 8 2 Boyle 907 24 300 10I 76 22 3 Brown & Caldwell 1069 21 I 292 .12 341 t9 4 CH2MASS°ciatesCalvin GiordanoHill & 2'1 .... 706 7 5 ~ 564 12 6 Chen & Assoc 1140 20 278 .1.13I 454 14 7 Craven Thompson~.17 112 2.1 & Assoc, Inc 1466 8 56 8 Crossroads 1244 .18 28 .19 650 10 CSM Engineers, 924 22 17 9 Inc I I L ' 34 2s 10 Eckler Engineering 911 23 ~ 116 20 EnviroDesign I 1300 J 16 J 366 8 11 Assoc., Inc. I ---- _ I - I --- 48 24 12 Hazen & Sawyer,~ 402 18 ~eCIler-Weaver & I~ t4 1436115 13 Sheremeta, lnc. I 1465I 9 ~ 226 Keith &Schnars ~ . -- ~ ~ .. 15 Kimley-Horn & Assoc 17 WebbLaws°n' Noble & 611 '11 18 Mathews 560 .13 Consulting, Inc 19 McMahon & Assoc. 55 24 0 23 Metric Engineering, 20 Inc I 1388 .12 58 t5 Michael B Schorah I 21 &Assoc, Inc I 1353 .14 0 21 22 PBS&J 1564 6 398 6 23 SFRN, Inc 1336 .15 26 20 52 23 24 URS Corp 1510 7 389 7 756 6 Wantman Group, 25 nc 1360 13 294 .11 417 .17 CITY OF DELRAY BEACH, FLORIDA REQUEST FOR QUALIFICATIONS PACKAGE ENGINEERING SERVICES RFQ #2004-04 RATING CATEGORIES Design Experience (t-25): Rate firm and/or individuals based on design experience on similar type projects. These projects do not necessarily have to be with City of Delray Beach. Qualified Personal (1-25): Rate firm based on qualifications of individuals identified in RFQ. Proximity to Delray (1-10): Rate firm based on location of office, which will be performing the work in this category, to the City of Delray Beach. Experience wi Delray (1-15): Rate firm and/or individuals based on projects completed with the City of Delray Beach. FDOT Certified (Yes=5): Other (1.10): Discretionary category, interrupt any way you want. References (1-10): Assignments will be made to call references, no need to rate unless you are asked to call references. ~ 0 AGREF24ENT FOR GENER~tL CONSULTING ENGINEERING SERVICES of Beach, THIS AGREEMENT, made and entered into this day , 20 , by and between the CITY of Delray Florida, hereinafter referred to as "CITY", and , hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSUL- TANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the professional services SERVICE AUTHORIZATIONS. CONSULTANT desires to provide such in accordance with this AGREEMENT and NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZA- TIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for comple- tion of the particular phase of the work by CONSUL- TANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSUL- TANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its 2 Bo agents, subcontractors, and employees shall independent contractors at all times. be Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely comple- tion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any 3 Go cause of action arising out of the performance of this AGREEMENT. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. The CONSULTANT designates , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representa- tive declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. 4 IV. Bo De The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. The CONSULTANT shall furnish the number of copies of the documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. The CONSULTANT shall make available all design calculations and associated Data. The CONSULTANT shall prepare documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. The CONSULTANT shall in the preparation of documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. DATA AND SERVICES TO BE PROVIDED BY THE CITY The A. CITY shall provide the following: Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. 5 Vo Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of perfor- mance and compensation shall be renegotiated, provid- ed; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The period of service is from the date of execution of this AGREEMENT until such time as all outstanding SERVICE AUTHORIZATIONS, if any, that have been issued are completed. Each Service Authorization shall delineate a time for completion of the service to be rendered. 6 VII. COMPENSATION Ao The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man- hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensa- tion is accurate, complete and current at the time of contracting. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET- ED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. 7 a o The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibit 'B' may be adjusted upon written AGREEMENT of both parties, however the adjustment may not exceed more than five percent (5%) within any twelve {12) month period. A newly revised Exhibit 'B' must be submitted for approval. In addition, the CITY shall pay for reim- bursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (i) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular 8 rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an addition- al ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and manage- ment of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. Do If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREE- MENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incom- plete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimburs- able expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in 9 Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: Ail reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materi- als cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connec- tion with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were pre- pared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. 10 Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occur- rence and $100,000 per each disease. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorse- ment GL 21 06 (Engineers, Architects, or Survey- ors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors do Products and Completed Operations CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. Broad Form Property Damage Contractual Coverage applicable to this specific AGREEMENT. 11 o o o f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership Professional limits per projects as follows: Construction Cost Range Limit a. 0 99,000 250,000 b. 100,000 299,000 500,000 c. 300,000 499,000 750,000 d. 500,000 Above 1,000,000 Liability Insurance with minimum occurrence applicable to CITY Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub- consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. Prior to commencement of services, the CONSUL- TANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subpara- graphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSUL- TANT'$ liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of 12 Do policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certi- fied copy of the professional liability insur- ance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. o If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. Litigation Services: It is understood and agreed that CONSULTANT'S servic- es include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSUL- TANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. 13 Fo Go Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. Ail such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permis- sion of the CITY, unless mandated by order of the court. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consul- tant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accom- plishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 14 Jo Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREE- MENT, CONSULTANT must secure the prior written approval of the CITY. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties desig- nate the following as the respective places of giving of notice to wit: CITY of Delra¥ Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT Lo Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certifi- 15 cate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Mo Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually conve- nient times. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This 16 provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other considera- tion, contingent upon or resulting from the award or making of this AGREEMENT. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termina- tion of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. 17 mo S o Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. Compliance with Laws: a o The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. 18 Vo For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSUL- TANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSUL- TANT. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. 19 IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to Form: CITY Attorney Witness Name Printed CONSULTANT By: Title: (Seal) Witness Name Printed 20 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this day of , 200_, was acknowledged by , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this day of , 200_. (SEAL) Notary Public My Commission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: 21 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: 22 EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. CITY P.O. NO. TITLE: FOR CONSULTING SERVICES CITY EXPENSE CODE This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. Title: I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Attest: Witness Witness Attest: 23 Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this day of , 200_, was acknowledged by on behalf of the and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 200 . Notary Public State of Florida' My Commission Expires: Corporation 24 EXHIBIT B Employer Category Hourly Hourly Raw Raw Salary Salary Rate Rates Times 3.00 Multiplier Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. Office Support 25 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT City of Delra¥ Beach Project No. Purchase Order No. Task Order No. Description of services Period ending: INVOICE Date Client Ref. No. Invoice No. under Task Order # LABOR Class Employee Name Rate Hours Amount Subtotal Labor EXPENSES Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE COST SUMMARY Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining 26 EXHIBIT C (continued) SAMPLE INVOICE -- LUMP SUM FORMAT INVOICE City of Delra¥ Beach Purchase Order No. Task Order No. Description of services under Period ending Total Fee % Complete Less Previous Billings Total Earned This Period TOTAL AMOUNT DUE THIS INVOICE Client Ref. Invoice No. Task Order No. $ $ $ $ 27 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE City of Delra~ Beach Project No Purchase Order No. Task Order No. Date: Client Ref. No. Invoice NO. Description of services under Task Order # Period ending: LABOR CLASS EMPLOYEE NAME RATE HOURS AMOUNT Subtotal Labor Expenses Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE 28 ENVIRONMENTAL SERVICES DEPARTMENT 2004 DESIGN SCHEDULE Irt- Project No. Project, Est Cost House Consultant ~0~4-012 ASR W~41 Pump Re~& WeU ~t 100i00( NO CH2MHill !~]3~37 SW-NW Sth Ay * SW I st ${ to NW 2nd St 1 550 0(](' NO CH2MHill F~eHe~quarts~LmdK~q~m~Ul;~r~J~~ ~,~0C , HONO C.;MH~ 1999-060 Lkttofl Bh'd Bl~l~e Tetlder Ho~e - 1~t~00~ I NO ~ Date: 02 Dec 2003 AGENDA ITEM NUMBER:q~'L Request to be placed on: X Consent Agenda When: 09 Dec 2003 AGENDA REQUEST Regular Agenda __ Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission approval/authorization for Mayor to execute agreements with each of the selected engineering firms for Engineering Consulting Services. All agreements are subject to review and approval by the City Attorney. Staff Recommendation: Apnragal ~ .~ Department Head Signature:(' /~~l .~~ ,~ ~ q~o~.~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\RFQ\2003 dec engr agenda.doc TO: THRU: FROM: SUBJECT: MEETING OF DECEMBER 9, 2003 - REGULAR AGENDA AWARD OF BID TO DAYTECH MFG. FOR THE CONSTRUCTION INSTALLATION OF BUS SHELTERS THROUGHOUT THE CITY AND On October 12, 2003 the City advertised a Request for Proposal (RFP) (2003 - 56) for the design, construction, and installation of 47 bus shelters at selected locations throughout the City. A selection committee comprised of Joe Safford, Finance Director, Randal Krejcarek, Colonna, CRA Director, Dennis Kelly, Interim Public Works Director and Scott Aronson, Specialist was formed to rate and rank the responses. A rating sheet was created utilizing a point system (100 max. total). Staff felt that design elements were the most significant component of the project and therefore assessed it the highest point value. Time frame was considered an important component to the project as the 50/50 Grant Program, offered through Palm Tran, contains a requirement that invoices for reimbursement of 50% of the cost of the shelter and associated costs (design, shipping, assembly, installation, etc.) must be submitted within 180 days from the signing of the agreement. City Engineer, Diane Parking Management Design 30 Cost 25 Time Frame 20 Experience 15 References 10 associated inter-local The committee has reviewed the three (3) responses to the RFP and has determined Daytech Mfg. to be the most qualified respondent as illustrated below (committee average). Respondent Design Cost Daytech Mfg. 28 20.55 LNI Custom Mfg. 20.6 25 W.L. Installers 20.8 13.4 Time Frame Experience 20 15 16 12 19 8.2 References 10 6 7 Total Pts. 93.55 79.6 68.4 Although the price quoted by Daytech Mfg. ($454,114.00) was higher than that quoted by LNI Custom Mfg. ($405,582.48) by $48,531.52 the aesthetic qualities of the Daytech shelter, which include decorative trimmed clear tempered glass panels, were incomparable to the perforated metal screen panels offered by LNI. Additionally, a public safety concern was raised with regards to limited visibility created by the perforated metal paneling (see attached diagrams). The RFP called for quotations to include options for both solar and regular lighting. The committee used the solar lighting option in their review concluding that the higher up front cost for the solar lighting (avg. $1,037) offset the costs of providing electricity to each shelter (estimated $1,100 from ground level transformer up to 70' to shelter plus additional FPL charges if from on pole transformer). In addition, long term electrical expenses would not be reimbursed through the 50/50 Grant program whereas the solar lighting would incur marginal long term costs. A formal contract will be brought forward subsequent to this award. By motion, award the bid in the amount of $454,114.00 to Daytech Mfg. for the manufacture, delivery, construction and installation of 47 bus shelters at selected sites throughout the City. o Attachments: Shelter Diagrams ONiN:i20 ~dlONI ,, 6 ,,0~-.~ ~3NV~V~qD,,O-.9 .,,, ~HOI3NqqV"~:]AO.OP.G Phone 310.978.2000 ; Facsimile 310.978.4000 Date: Tuesday, December 09, 2003 To: Jackie Company: City of Delray Beach From: C~raig Wattemon Fax #: 1-561-243-7166 Phone #: (561)243..7163 Total # of Pages: 2 Regarding: Delray Beach Bus Shelter Project Jackie, Here is the letter I promised you. Please forward it to the appropriate parties involved as we discussed. I really appreciate your cooperation and clarification on the areas of the project we discussed. Should you have any questions regarding the altached leffer, please don't hesitate to contact me direct at (800) 338-3387. Yours in service, O~¢ument4 December 9, 2003 · lackie Rooney City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Delray Beach Bus Shelter Project Dear Ms. Rooney: Thi? purpose of this letter is to (1) bring to your attention substantial cost savings that exist for the bus shelter project now pending award and scheduled for the December 9th meeting, (2) request a meeting with staff for analysis and the opportunity to present additional designs, and accelerate the time frame of the above- mentioned project. It is our understanding that the selection COmmittee for this project has made their decision to recommend award of.contract to Daytech Manufacturing for the amount of $454,1 f 4 00 We are re uesti opportumty to demonstrate LNI's ability to deliver this nroiect btilizin,, ,-,~r ~,',,;,-,;-- ,.;.~ ?~ n.g the between $360,000 and $405,000 (depending on options). While we understand that price is only one of several considerations for vendor selection on this project, we believe the cost savings that we could provide should be highlighted and discussed as its magnitude may justify further consideration. in addition, we are requesting the opportunity to present additional designs as we were requested to submit a proposal that was based on very minimal information and no interaction or design input from City personnel. It was explained that more details could be discussed at a later time to provide better direction and assist in a final design. As requested, we submiffed just one proposal based on the known facts, though several alternates were available. We are confident that Our design capabilities will exceed your expectations/f we are provided the opportunity to thoroughly understand the C/ty's specific design goals. We are respectfully requesting the opportunity to meet pemonally. We would like to accelerate our timeframe to meet your needs, present value engineering options, and demonstrate how LNI will work to serve you best on the DelRay Beach Bus Shelter Project. We look forward to hearing from you. Yours in service, Craig Wa{terson ecutive Account Manager TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT///~)~--------~ 7 JANET MEEKS, EDUCATION COORDINATOR MEETING OF DECEMBER 9, 2003 CONSIDERATION OF A RESOLUTION FOR MIDDLE SCHOOL 98-GG LOCATED SOUTH OF YAMATO ROAD EAST OF MILITARY TRAIL (1798 NW 4OTH STREET),BOCA RATON BACKGROUND Middle School 98-GG is to be opened in the fall of 2004 with a capacity of 1300 students. 98-GG will be a high tech middle school with a traditional coursework curriculum that will be enhanced by the most up to date technology enhancements (see attached brochure). The District had anticipated that this school would contain boundaries for 800 students and 500 students were to be selected by a lottery system serving students from Lantana Road to the southern boundaries of Palm Beach County. The purpose of creating a partial boundary for the school was to provide enrollment relief to Carver, Boca Raton, and Eagles Landing Middle Schools. However, late in the boundary process the City of Boca Raton sent a Resolution to the District encouraging the District to designate 98-GG a school of choice with no boundaries. Boca Raton has requested that Delray Beach support them in the concept of a choice school. Provided below is the history of the boundary process and the advantages under both scenario's. History: The Attendance Boundary Committee (ABC) discussed 4 different boundary proposals for 98-GG. In general approximately 300 students would be moved out of Carver Middle School to provide enrollment relief with a resulting capacity of around 100%. Delray subdivisions being considered as part of the boundaries are located in the southeast section of the City along both sides of the 1- 95 Corridor (see attached Map). The District hosted two community input meetings of which both were held in Boca Raton to discuss the new boundaries. At those meetings, no comments were made by Delray Beach parents regarding the proposed boundaries. Most of the comments made by Boca Raton parents related to changes being made to existing schools in west Boca (Logger's Run, Eagle Landing and Omni). Minimal comments were made by parents whose children were to be moved to the new school. Very late in the process, the City of Boca Raton sent a Resolution to the District requesting that 98-GG be a total choice school with no assigned boundaries. One ABC member presented arguments that sending students from Delray Beach to this new school would violate School Board Policies, however the School Board Attorney found those allegations to be unsubstantiated (see attached letter). The ABC voted 11-3 to recommend to the Superintendent approval of Boundary Study 98-GG Study GG-4 which provides for partial boundaries. At a subsequent School Board Workshop meeting with the ABC, there was support by at least two of the School Board members for 98-GG to become a choice school. It was suggested that since there was not a voice heard from the Delray Beach parents that an additional Community input meeting be held in Delray Beach (see discussion below). The School Board is to discuss this issue again at their workshop meeting of December 8th. City Commission Documentation Consideration of a Resolution for Middle School 98-GG Page 2 Education Board Meeting of December l, 2003: The Education Board discussed this boundary issue at their meeting of December 1st. It was the consensus of the Board that they support any proposal that does not undermine the construction of a new Middle School of the Arts at the existing Atlantic High School site. Community Input Meeting December 3, 2003 at Pine Grove: The District held a community input meeting at Pine Grove Elementary School to discuss the various Middle School options in Delray Beach. Presentations were made by the Principals from Carver Middle School, S.D. Spady Elementary School (6th grade addition), Village Academy and 98-GG. This meeting was very poorly attended and really did not give the District a good indication of whether or not Delray Beach parents would prefer to stay at their existing schools or be moved to the new school. Positive Aspects of the School with a Partial Boundary: · There would be a guarantee that a large number of Delray Beach students would be afforded a middle school experience with enhanced technology access; · 98-GG would open with a diverse soci-economic student population; · All of Pine Grove Elementary School students would attend the new school. Currently, the students are split between Boca Raton, Carver, and Omni Middle Schools. Thus, all the students would be together from K-12th grade, which fulfills one of the District goals to create a clean "feeder pattern"; · Enrollment relief would be provided to Carver Middle School so that it is functioning at its intended capacity of approximately 1,300 students and could eliminate most of the existing 20 portables. While Carver Middle School is currently at 108% capacity which is within the concurrency level of service, demographic projections shows that the concurrency threshold will be exceeded in 2006 (112%), if enrollment relief is not provided. Positive Aspects of a Choice School: · A total choice school could give more students in Delray Beach an opportunity to attend the school if they wished; · All of the students that attend 98-GG would be there by choice which works well at Morikami Elementary School. When Pine Grove School of the Arts had a boundary and lottery system, it was not very effective and the magnet program was subsequently eliminated; · The extra travel time to the new school would be by choice; and · If enrollment relief is not provided to Carver Middle school, it strengthens the need for an additional middle school on the existing Atlantic High School site that will eventually bring home more of our students from Boca Raton schools. The City Commission should base its decision on the plan that they think will provide the best academic access and opportunities to the students living in Delray Beach. If the Commission chooses to support a choice school, it should be based on the District providing a "priority zone" (similar to those found on Study GG-4 to include approximately 300 students) to give Delray Beach Students first choice to help provide enrollment relief to Carver Middle School. City Commission Documentation Consideration of a Resolution for Middle School 98-GG Page 3 ALTERNATIVE ACTIONS A. Continue with direction and concurrence. B. Approve the Resolution that encourages the School Board to approve Middle School 98-GG with boundaries as provided in Boundary Study GG-4. C. Approve the Resolution that supports the designation of Middle School 98-GG as a total choice school with a priority zone for Delray Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 to include approximately 300 students. RECOMMENDED ACTION By motion, approve the Resolution that supports the designation of Middle School 98-GG as a total choice school with a priority zone for Delray Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 to include approximately 300 students. Attachments: ,, Boundary Map Study GG-4 · Middle School Brochure · School Board Attorney's Opinion Letter · Resolutions RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A SCHOOL OF CHOICE WITH A PRIORITY ZONE FOR MIDDLE SCHOOL 98-GG LOCATED IN BOCA RATON, FLORIDA THAT ALSO SERVES STUDENTS OF DELRAY BEACH WHEREAS, the City of Dekay Beach places a high priority on providing its students with the best educational opportunities as possible; WHEREAS, the City of Delray Beach believes that supporting a School of Choice for Middle School 98-GG would be in the best interest of its students by letting them choose if they wish to attend a school with a High-Tech component or attend their existing school; WHEREAS, Middle School 98-GG would provide an additional choice for Delray Beach students along with the expansion of the ~fllage Academy Middle School, Carver Middle School IB program and the addition of 6~ grade at S.D. Spady; and WHEREAS, the City of Delray Beach would support Middle School 98-GG as a total choice school without attendance boundaries, if the School Board creates a "priority zone" for the students liVmg in Delray Beach mkroring the boundaries as proposed on Boundary Study GG-4; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Dekay Beach, Florida supports the de~zgnation of Middle School 98-GG as a total choice school with a priority zone for Delray Beach Students that mirrors that of the boundaries proposed in Boundary Study GG-4 (to include approximately 300 students). Section 2. The City of Delray Beach, Florida affirms its willingness to continue its support of Palm Beach County Public Schools that serves Dekay Beach Students. Section 4. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School District of Palm Beach County and Superintendent Arthur C. Johnson. PASSED AND ADOPTED in regular session on this the 8t~ day of December, 2003. A'rI'EST: MAYOR City Clerk Res. No. 22-02 RESOLUTION NO. XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING BOUNDARY STUDY GG-4 FOR MIDDLE SCHOOL 98-GG LOCATED IN BOCA RATON, FLORIDA THAT ALSO SERVES STUDENTS OF DELRAY BEACH WHEREAS, the City of Delray Beach places a high priority on providing its students with the best educational opportunities as possible; WHEREAS, the City of Delray Beach supports the boundary plan in order to provide enrollment relief to Carver Middle School, WHEREAS, Middle School 98-GG with 500 seats to be selected by a lottery system will provide an additional choice for Delray Beach students along with the expansion of the Village Academy Middle School, Carver Middle School IB program and the addition of 6th grade at S.D. Spady; and WHEREAS, the City of Delray Beach believes that supporting Boundary study GG-4 as recommended by the Attendance Boundary ConUmttee and the Superintendent is in the best interest of its students living in the southeast section of the City by providing them with an opportunity to experience a school environment with enhanced technology. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach, Florida supports Middle School 98-GG with boundaries for 800 students and 500 students to be selected by the lottery system as proposed in Boundary Study GG-4 as recommended by the Attendance Boundary Comrmttee and the Superintendent of Schools. Section 2. The City of Delray Beach, Florida affirms its willingness to continue its support of Palm Beach County Public Schools that serves Dekay Beach Students. Section 4. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School District of Palm Beach County and Supe£mtendent Arthur C. Johnson. PASSED AND ADOPTED in regular session on this the 8~' day of December, 2003. ATI'EST: MAYOR City Clerk Res. No. 22-02 of Boca 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 [llCorpo,-atcd 19.25 RESOLUTION 203-2003 A RESOLUTION OF THE CITY OF BOCA RATON ENCOURAGING THE SCHOOL BOARD OF PALM BEACH COUNTY TO DESIGNATE BOCA MIDDLE SCHOOL 98-GG AS A TOTAL CHOICE SCHOOL WITHOUT ATTENDANCE BOUNDARIES; DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SUPERINTENDENT BEACH COUNTY; PROVIDING FOR EFFECTIVE DATE AND SCHOOL BOARD OF PALM PROVIDING FOR SEVERABILITY; REPEALER; PROVIDING ' AN WHEREAS, the City of Boca Raton places great importance on providing its residents with the best available educational opportunities; and WHEREAS, consistent with School Board Policy, the City of Boca Raton believes that changes to school attendance boundaries from year to year should be minimal to ensure stability with respect to existing attendance boundaries; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS. the City of Boca Raton has been advised by the Schoci District of Palm Beach County ("School District") that Boca Middle School 98-GG will be a tec,'-nology "magnet" school, providing a, "hiGh tech" learning environment; and WHEREAS. the City of Boca Raton provided land to the School District for Boca Middle School 98-GG with the understanding said school would be a technology "magnet" school; and WHEREAS, the most recent changes proposed by the Advisory Boundary Committee of the Palm Beach County School District provide for attendance boundaries that do not emphasize attracting students focused upon and desirous of receiving a "high tech" education and a technology based curriculum; and WHEREAS, the City Council oi' the City of Boca Raton desires to encourage the School Board of Palm Beach County to designate Boca Middle School 98-GG as a "total choice" school without attendance boundaries; now therefore :~,ATON: BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF BOCA Section 1. The City Council of the City of Boca Raton hereby encourages the School Board of Palm Beach County to designate Boca Middle School 98-GG as a "total choice" school without attendance boundaries. Section 2. The City Clerk is hereby authorized to send a copy of this resolution to all members of the School Board of Palm Beach County and to Superintendent Arthur C. Johnson. Section 3. If any section subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. .~ection 4. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 day of, Section 5. This resolution shall take effect immediately upon adop:;on. PASSED AND ADOPTED by the City Council of the City of Boc.~ Raton this __ ATTEST: ,.~arma" Carannante, City Clerk CITY OF BOCA RATON, FLORIDA COUNClLVOTE yES. NO ABSTAINED ~YORSTEVENL^B~MS ~ DEPU~ MAYOR SUSAN WHELCHEL COUNCIL MEMBER DAVE FREUDENBERG COUNC,LMEMBERBILLHAGER ~F COUNCIL MEMBER SUSAN HAYNIE THE SCHOOL DISTRICT OF PALM BEACH C _OUNTY, FLORIDA OFFICE OF CHIEF COUNSEL TO THE SCHOOL BOARD 3318 FOREST HIM. BOULEVARD, C-.~02 WEST PALM BEACH, FL 33406-5813 (.561) 434-8500 FAX (56B 434-8105 C. JCH.SCH. SUPEFJNi~.NDENT JULIEANN RICO ALLISON, J.D. CHIEF COUNSEL MEMORANDUM TO: CC: FROM: DA TE: RE: School Board Members Dr. Art Johnson, Superintendent Ann Killers, Chief Academic Ofl~cer Joe Moore, Chief Operating Officer Gerald Williams, Chief Ofl~cer of Administration Joe Sanches, Chief of Facifities Management Kris Garrison, Director, Planning Judith Brennan, Manager, School Enrol~ogramming Nat Harrington, C. hief Public /nform~'~on Officer ~/~.~ JulieAnn Rico Alhson, Chief Counse~cho~l~B~/a~._ November 14, 2003 ~ Compliance of the Proposed MS 98-GG Attendance Boundary GG-4 with Policy $. 01 As requested by Board member Ms. Burdick, this memo summarizes the legal opinion of this Office regarding the compliance of the proposed MS 98-GG attendance boundary study GG-4 with the criteria and factors in Policy 5.01, which corresponds to the conditions set forth in past OCR agreements. Additionally, as requested by Board member Mr. Hanson, a related issue of bus transportation distance is addressed. With the assistance of Planning staff, we have reviewed and examined boundary study GG-4 and the alternate study considered by the ABC (GG-3), which would have in- volved a boundary with the same length as GG-4 but somewhat wider near the top (yet with the same effect on students from Deb'ay Beach, relieving overcrowding at Carver Middle School by assigning pupils to MS 98-GG in Boca Raton). Shape of the Boundary.-- Notably, ABC does not review or use any racial or socio- economic data in making its recommendations. Consistent with constitutional law, ABC avoids taking race into consideration and did not evaluate the alleged impact of the relatively long, narrow boundary on any racially-identifiable group. There was no intention to "creat[e] memoM$98~undades 1 [any] 'islands' or 'fingers' that isolate distinctly identifiable ethnic/racial groups," which is prohibited by Policy 5.01(2)(b)(v). Rather, we believe the ABC's recommendation was based solely on legitimate concerns about overcrowding, concurrency requirements, and minimization of movement from current schools, consistent with several express provisions of Policy 5.01 (2), such as: · "IT]he Advisory. Boundary Committee must review the student capacity of each facility for reasonabl.e efforts to achieve optimal utilization. Boundary decisions must consider the District's concurrency policy .... " · "The student capacity of each facility should be considered .... " · "The movement of students from current school attendance zone configura- tions should be minimized to the greatest extent possible .... " · "Feeder systems should be developed on projected growth patterns." Clearly, the relatively long, narrow shape is not a result of gerrymandering; rather, it is a result of the geographical anomaly of an industrial zone near the middle of the boundary area (a situation that. we understand exists in some other boundaries, as well). The ABC con- sidered both proposals GG-3 and GG-4 before settling on GG-4. Although the shape of GG- 3 would have been slightly more rectangular, we understand that ABC recommended the GG-4 proposal to the Superintendent because GG-4 required fewer students to move from their current attendance zone and avoided splitting students at Verde Elementary School to two middle schools. Moreover, we conclude that the shape of the proposed boundary does not actually create a"finger" or"island" that isolates members of any race. The operative word in Policy 5.01 (2)(b)(v) is "isolate," evoking the evil of segregation. Rather than isolating any students, GG-4 probably would have the opposite effect--greater inclusion (although, as stated above, ABC does not consider race in its recommendations). Accordingly, we deem the proposed GG4 boundary to be consistent with Policy 5.01 (2)(b)(v). . Transportation.- As to transportation of the students who reside near the tgp' of the boundary, a related question was raised, apparently stemming from paragraph (ii) umier P01- icy 5.01(2)(b) ("zone boundaries should be as compact as possible to minimize bus travel time .... "). Specifically, it was asked whether the District can lawfully transport students ap- proximately six miles to MS 98-GG. We find no prohibition on transporting students that distance. Policy 1.04(3) provides: 'The transportation system shall be reviewed regularly to in- sure that the assignment of students to buses shall bo on a nondiscriminato~ basis." 2 However, here no evidence of a discriminatory basis exists. A federal, statute, mentioned in Policy 5.01(2)(b)(ii) limits the authority of federal courts and federal agencies to impose a desegregation remedy that would "would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the ap- propriate grade level and type of education for such student." 20 U.S.C. § 1714(a). Even if this statute were applicable, it should not invalidate the proposed boundary, which apparently would involve transportation to the next closest middle school. In reality, however, this stat- ute applies only to federal courts and federal agencies issuing desegregation orders; it is not applicable to the School Board's routine transportation program, which is governed by Flor- ida Statutes Chapter 1006, Part E, and the mles of the State Board of Education. Under Florida law, the District has the responsibility"[t]o plan routes, so far asprac- ticable, so that no elementary student shall be on a' bus more than fifty (50) minutes or secondary school student more than one (1) hour during the morning or evening .... "State Board of Education Rule 6A-3.0171 (6)(c). It would appear that a siX-mile route would take considerably less than an hour (and reportedly, some existing bus routes cover far greaterdls- tances.) Accordingly, we conclude that the proposed transportation plan would suffer no legal impediment~ In sum, the task of the ABC is complex, with many competing factors to Weigh' fihd consider. We find their GG-4 boundary proposal to be consistent with the requir~m~nt~ Of law. If your should have any questions concerning this advice, please do not hesitate ~ ~n- tact me. "~ '~' ~ mem°MS98~ndades 3 Polo Park Woodlands N Boundary Study GG-4 ~ I.terstate 95 ~ Boca Raton m Jefferson Davis ~ Okeeheelee ~ ~C's ~ Ch~ta ~ul~e ~ ~n~na ~ Polo Pa~ Palm Beach County School District Planning Department - GIS Date: 12/5/03 O AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: __ Consent Agenda X Regular Agenda When: 12/9/2003 Description of agenda item (who, what, where, how much): Consideration of a Resolution for Middle School 98-GG __ Workshop Agenda Special Agenda Depaxtment Head .4 /~ ~ o Signature: ~-~/~.~"~ ~/0z-6''-~ ~ ~ ~omey Re~ew/~co~endafion (if applicable): Budget ~ctor Renew (~qui~d on all i~ms invol~ng e~endim~ of ~nds): Funding Available: Yes / No Initials: Account Ntunber Description Account Balance: Funding Alternatives: City Manager Review:. Approved for Agenda:~/ No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director Kendra W. Graham, Community Development Administrator December 4, 2003 Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) Fiscal Year 2002-2003 ITEM BEFORE THE COMMISSION City Commission approval of the Consolidated Annual Performance and Appraisal Report required by the Housing and Urban Development (HUD) Department of the United States to highlight the annual performance of the City's Community Development programs. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. In addition, HUD requires that each municipality and urban county submit an Annual Performance and Appraisal Report to document accomplishments utilizing CDBG funds during the fiscal year. The CAPER allows HUD, local officials, and the public to evaluate the City's overall performance, including whether activities and strategies undertaken during the preceding year actually made an impact on the goals and needs identified in the Consolidated Plan. RECOMMENDATION Staff is recommending City Commission approval of the Performance and Appraisal Report for Fiscal Year 2002-2003. Consolidated Annual CITY OF DELRRY Consolidated Annual Performance and Appraisal Report (CAPER) Fiscal Year 2002-2003 Community Development Block Grant (CDBG) DELRAY BEACH F L O R I D A Ail-America City 1993 2001 Lula Butler, Director, Community Improvement Department Kendra Graham, Administrator, Community Development Division City of Delray Beach Community Improvement Department Community Development Division 100 NW 1st. Avenue 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 City of Delray Beach Community Development Block Grant (CDBG) NARRATIVE STATEMENT TABLE OF CONTENTS I. Introduction ...................................................................................... II. Assessment of Actions Taken to meet Three- to Five- Year High Priority Goals and Objectives ........................................................ III. Affirmatively Furthering Fair Housing ..................................................... IV. Affordable Housing ........................................................................... V. Continuum of Care Narrative .............................................................. VI. Other Actions .................................................................................. VII. Leveraging Resources ...................................................................... VIII. Citizen Comments ............................................................................ IX. Self-Evaluation ................................................................................ X. Additional (Narrative Statement) Issues ................................................ a. Use of CDBG Funds in Relationship to Consolidated Plan .............. b. Efforts in Carrying out Planned Activities ..................................... c. Benefiting the National Objectives ............................................. d. Activities Involving Occupied Real Property ................................. e. Economic Development Activities Undertaken ............................. Xl. Public Participation / Additional Requirements ...................................... XlI. Attachments Table 1. Measurable Targets vs. Accomplishments in Housing Map of CDBG Target Area IDIS Generated Reports 1-2 2-3 4-5 5-6 6-9 9 9 9-10 10-12 10 11 11 11 12 12 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 I. INTRODUCTION The City of Delray Beach's Five-Year Consolidated Plan outlined strategies to achieve decent housing, a suitable living environment, and expanding economic opportunities principally for the benefit of Iow- and moderate-income persons. The Consolidated Plan is updated every year through an Annual Action Plan, detailing the activities to be undertaken and resources to be used to achieve the goals and objectives of the 5-Year Plan each year. The City has made significant progress in the achievement of its overall five-year strategy of objectives and priorities. The CAPER (Consolidated Annual Performance and Evaluation Report) reports on the accomplishments of each Annual Action Plan. It provides a concise reference to compare anticipated work with actual performance. This CAPER focuses on Fiscal Year October 1, 2002 through September 30, 2003 - the third program year of the current Five-Year Consolidated Plan. Geoqraphic Distribution of Funds All activities undertaken during the program year were primarily carried out in the Community Development Block Grant (CDBG) Target Area (see attached map). This Report was made available for a 15-day public review and comment period beginning December 10 through December 24, 2003. Copies were placed at the Delray Beach Public Library and the Department of Community Improvement Community Development Division offices, located at 100 NW 1st Avenue, Delray Beach, FL 33444. If you have any comments or questions regarding the CAPER Narrative or associated reports, you may contact the Community Development Division at (561) 243-7280. II. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE- YEAR HIGH PRIORITY GOALS AND OBJECTIVES During the 2002-03 Fiscal year (October 1, 2002 through September 30, 2003), the City of Delray Beach continued its efforts to further stabilize deteriorating conditions and revitalize neighborhoods throughout the Community Development Block Grant (CDBG) Target Area in order to improve the overall quality of life for our citizens. The City of Delray Beach has continued its tremendous efforts aimed at forming and supporting neighborhood associations, beautification, street improvements and development of the historic downtown corridor. Efforts have continued to increase and improve through corporate/private investment in the City's Target Area business district, continuing with the Visions 2000, 2005 and 2010 Plans. The Strategic Plans outline (among other things) various issues requiring concentrated efforts and the continued investment of future resources (such as neighborhood revitalization, redevelopment, economic development, human relations, etc.). Residents of the City's Target Area highlighted additional priority needs such as owner- occupied rehabilitation, crime prevention, sidewalk installations and neighborhood associations. As a direct result of the City's on-going comprehensive rehabilitation and homebuyers programs, property values have continued to increase and the goal of stimulating the housing market through private construction activity has been met. The 2002 Consolidated Annual Performance and Evaluation Report October 1,2002 - September 30, 2003 Department of Community Improvement continues to provide concentrated code enforcement, investments in infrastructure, neighborhood improvements, opportunities for homeownership and housing rehabilitation through the various programs and investment strategies highlighted in this annual report. To accomplish the goals set for neighborhood revitalization direct benefit in the form of housing and various other identified needs, the City made funding available from the Community Development Block Grant (CDBG) Program ($641,000), State Housing Initiatives Partnership (SHIP) Program ($623,858), City funded Neighborhood Housing Program ($197,533), and Community Redevelopment Agency Loan Subsidy Program ($100,000). A total of $1,562,391.00 was made available to provide community identified priority needs benefiting very Iow, Iow and moderate-income residents during the 2002-2003 Fiscal Year. A total of thirty-three (33) housing units received assistance through the various housing programs made available. Investment activities included existing owner-occupied housing rehabilitation, emergency repair of owner-occupied units, exterior improvements, rehabilitation of investor-owned properties and first time homebuyer purchase assistance programs. In accordance with the City's Five Year Consolidated Plan (Priority Needs Summary table), Owner-occupied housing rehabilitation household income ranges of 0-30%, 31-50% and 51- 80% of median for the area are given a "High Priority". Housing accomplishments in accordance with these priorities are provided below. In terms of homeless needs, the Consolidated Plan table lists Outreach Assessment and Transitional Shelters for families and Permanent Supportive Housing for Persons with Special Needs as "High Priorities" as well. Accomplishments are provided in the Continuum of Care section of this report. During the reporting period, the Department also addressed the following "High Priorities" listed in the Consolidated Plan as "Priority Community Development Needs": Neighborhood facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Youth Services, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non-CDBG). Individual priority accomplishments are reflected below by funding source. Housing investment activities included existing owner-occupied housing rehabilitation, emergency repair of owner-occupied units, and exterior improvements. CDBG funds were also utilized for the demolition and clearance of unsafe, abandoned (vacant), and dilapidated housing units. Funds provided direct monetary assistance for subsidized childcare services, neighborhood street patrols, drug prevention, development of neighborhood associations, housing counseling and emergency intervention programs, target area sidewalk installation, recreation facilities improvements, promotion of fair housing, and construction of a street for the Boys & Girls Clubs South County. All funded activities are considered to be "High Priorities" in accordance with the City's Five Year Consolidated Plan. III. AFFIRMATIVELY FURTHERING FAIR HOUSING During this program year (02-03), the City of Delray Beach continued to focus attention on the delivery of housing and the problems associated with citizens' ability to access/obtain affordable housing. Issues and problems faced by the City of Delray Beach are similar to 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 those experienced throughout the entire Palm Beach County area. Some of the identified impediments are as follows: The 90% of median price for single-family homes/units in Palm Beach County remains at $134,040 (new construction). 90% of median price for single-family (existing) homes/units remains at $107,949. This continues to represent a significant financial burden for those households desiring homeownership. Redevelopment successes have inherently translated into increased land costs for additional infill development; this overall increase in costs acts as a barrier. Economic and educational barriers continue to inhibit homeownership opportunities in some cases. There are no comprehensive pre and post-closing credit and budget counseling services available to homebuyers. Services are needed in order to ensure stability of ownership and long term affordability. The lack of marketable titles for numerous remaining vacant parcels within the CDBG and CRA Target Areas has translated into a decrease in the flow of new affordable unit construction in recent months. This has negatively affected Habitat for Humanity's mission in Delray Beach as well. Recommendations for Overcoming the Impediments to Fair Housing Continuation of the City's commitment to grant subsidy programs providing gap financing for very Iow and Iow-income households and homebuyers. The City's collaborative housing delivery system and effective programs have streamlined the process of affordable unit development. The City's Local Housing Assistance Plan (LHAP) will be revised to reflect the current median area purchase price for Palm Beach County. Although increased land and unit costs are a direct result of redevelopment successes, the issues of affordability may be adequately addressed through an increase in the number of acquisition/rehabilitation deals undertaken. Increased educational training programs and meaningful economic development initiatives may assist with specific barriers. Meaningful and comprehensive pre and post-closing housing counseling by a certified agency will assist with long term affordability barriers. Finally, only a true change in the hearts and minds of people and organizations that purposely, strategically and illegally create impediments and barriers to fair housing will bring lasting and meaningful change. Until then, issues of residential segregation, NIMBY, basic human rights violations and other activities aimed at perpetuating unfair and illegal practices will persist throughout society as a whole. During this review period the City of Delray Beach continued to provide CDBG assistance to the Fair Housing Center of Greater Palm Beaches (FHC) Inc., a non-profit fair housing organization. Although FHC, Inc. does not have the authority to enfome fair housing regulations, the organization accomplishes its goals through public education seminars and the ability to initiate legal proceedings against housing providers accused of violating fair housing laws. The activities of FHC, Inc. are focused throughout Dade, Broward and Palm Beach Counties (including the City of Delray Beach). During this review period FHC, Inc. conducted a total of four (4) educational workshops/seminary as contracted. The same were provided for civic organizations, students at area schools, local realtors, and community based organizations. 3 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 IV. AFFORDABLE HOUSING ACTIONS Eliminating barriers to affordability is a primary objective of downpayment assistance programs and grants for housing rehabilitation. The City continues to promote affordable housing through its Community Development Division. Various resources (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. The Five-Year Consolidated Plan determined that all three household income categorized are prioritized as follows: Very Low-Income 0-30% "High", 31-50% "High", 51- 80% "High". During this review period, priority housing needs were addressed as follows: A. Owners Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers with children; and Moderate-Income (51-80% MFI) First-Time Homebuyers with Children. Community Development Block Grant (CDBG~ Thirteen (13) owner-occupied units were completed (full rehabilitation and emergency repair) with a total of $208,365.58 in CDBG funds, providing housing rehabilitation at approximately $19,370.40 per unit for full rehabs and $4,887.19 per unit for emergency repairs. Six of the households assisted were within the very Iow-income category; seven of the households assisted were within the Iow- income category. All of the households assisted are classified as Black, non-Hispanic. Additional units are currently underway. State Housing Initiatives Partnership (SHIP~ Program (for owner-occupied rehabilitation~ Five (5) owner-occupied units were completed (full rehabilitation) with a total of $90,886.00 in SHIP Program funding, providing housing rehabilitation at approximately $18,177.20 per unit... Two of the assisted households were within the very Iow-income category. One assisted household was within the Iow-income category and the two remaining assisted households were within the moderate- income category. Four of the households assisted are classified as Black, non-Hispanic and one assisted household is classified as White, Hispanic. Additional units are currently underway. City of Delray Beach Neiqhborhood Housinq Program - Bootstrap Rehabilitation Program (for owner-occupied rehabilitation) Twelve (12) owner-occupied units were completed (exterior improvements) with a total of $71,223.75 in City funded Bootstrap Program dollars, providing improvements at approximately $5,944.56 per unit. Three of the assisted households were within the very Iow-income category. Two of the assisted households were within the Iow-income category. Seven of the assisted households were within the moderate-income category. Eleven of the households assisted are classified as Black, non-Hispanic. The remaining two households assisted are classified as White, Hispanic. Additional units are currently underway. Community Redevelopment Agency - Interest Free Loan Subsidy Program (for exterior improvements to residential and commercial structures within the Redevelopment Area) A total of three (3) unit were completed during the reporting period under this program. Additional units are currently underway. 4 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 B. First-time Homebuyer (Renaissance) Program Priority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers with children; and Moderate-Income (51-80% MFI) First-Time Homebuyers with Children. The City continued its efforts to increase homeownership opportunities for area residents through the continued funding and parfnership of the award-winning Delray Beach Renaissance Program. During this program year a total of 13 first-time homebuyer subsidy assistance awards were approved by the City Commission and committed to eligible homebuyers. The primary funding source for this continued initiative is the State Housing Initiatives Partnership (SHIP) Program. A total of $160,523 was approved and committed during this time. Eleven of the thirteen assisted households are part of the Swinton Gardens development. Swinton Gardens is a 3+ acre tract of land purchased by the City with HOPE III funds and subdivided into 11 single-family lots. infrastructure improvements were funded through the use of CDBG funds and SHIP funds were used for the payment of impact fees. Waivers of permit fees were provided by the City of Delray Beach for this project and to certified builders for new construction of affordable housing units. This small investment of public dollars resulted in the direct leveraging of millions of dollars in private first mortgage funds from participating area lenders. Three (3) of the households assisted were within the very iow-income category. Seven (7) of the households assisted were within the Iow-income category. Three (3) households assisted were within the moderate-income category. The average subsidy assistance award provided under the SHIP component of the first-time homebuyer program during this program year was $12,347.92. Additional subsidy assistance packages are currently being reviewed. Habitat for Humanity South Palm Beach County Through the use of funding made available under the Neighborhood Housing Program section of the Community Development Division, the City continued its efforts to acquire and convey vacant buildable lots to Habitat for Humanity of South Palm Beach County. This relationship has existed for several years and serves to assist both Habitat and the City of Delray Beach. During this period two (2) lots were donated ffor eligible program participants. When lots are donated, the value of the land donation serves to limit the cost of each individual home purchase for Habitat clients. Concurrently, the City benefits from additional infill housing opportunities and property tax revenues. The proposed home(s) will benefit families with an income that falls below 80% of the median for Palm Beach County. V. CONTINUUM OF CARE NARRATIVE During this reporting period, CDBG funds were allocated to the Urban League of Palm Beach County for purposes of providing credit counseling, emergency intervention programs and referral services (many of which prevent further occurrences of homelessness). The services provided to very Iow and Iow-income families are designed to intervene and educate in an effort to prevent further incidences of homelessness. During this time, the Urban League's South County Office provided these services to approximately 84 eligible households in the City of Delray Beach. Funds were also provided to FHC, Inc., in support of fair housing outreach and education. Fair housing workshops and seminars are designed to benefit all persons (particularly those normally subject to housing discrimination). A total of four workshops/seminars were conducted within the City of Delray Beach. Staff of the City's Community Development Division continued their involvement with the Palm Beach County Continuum of Care Collaborative, Affordable Housing Collaborative (United Way), Local FEMA (Emergency Food and Shelter Program) Board (United Way), Homeless Coalition, and other groups and agencies working toward the irradication of homelessness, provision of affordable 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 housing and other community development initiatives benefiting Iow-income persons and those with special needs. The Palm Beach County Resoume Committee (formerly the PBC Homeless Program Research & Planning Committee) is made up of local service provider agencies, PBC Human Services Division staff, members of the Homeless Coalition, and homeless advocates. This Committee has been primarily responsible for the development and continued enhancement of PBC's Continuum of Care system on an annual basis. The Committee also determines local priorities based on identified and documented needs and consequently selects the lead service provider agencies to represent the jurisdiction as lead applicants (Continuum of Care Collaborative) under the annual Homeless Assistance Super NOFA released by HUD. A comprehensive (seamless) Continuum of Care strategy/system has been developed and is successfully functioning in Palm Beach County. Under the auspices of the Homeless Coalition of Palm Beach County, Inc., and in concert with PBC government, together with dedicated representatives of local government, business, homeless provider agencies, formerly homeless persons, advocates, and other interested participants, the PBCRC continually conducts meetings and business throughout the year. The Continuum of Care Collaborative has successfully received major awards under the Super NOFA process in 1996-97, 1997-98, 1996-99, and 1999-2000 (in excess of $8.8 million) in support of transitional housing development and the establishment of a countywide Homeless Hotline (for referral and intake/assessment into the COC system) and Homeless Outreach Team (HOT). The HOT has proven to be a tremendously successful tool for identifying, screening, assessing and referring homeless individuals and families throughout the County. The HOT is directly tied in as an integral component of the COC and directly linked to transitional housing facilities funded under the Super NOFA process. All services are available (from outreach through permanent housing) to clients/persons in need, on a countywide basis (including the City of Delray Beach). During this reporting period (2002-03) the PBC Continuum of Care Collaborative received funding under the Super NOFA process in support of transitional housing and support services for homeless individuals and families on a countywide basis. A successful award will enable the PBC COC to expand and improve the level of services available to assist the homeless in their transition from homelessness to self-sufficiency. VI. OTHER ACTIONS The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community driven Visions process. The City has received three Blue Ribbon "Best Practices" awards from US HUD for our programs and services. The City continued its support of affordable housing delivery by adhering to its Housing Incentives Plan. The Plan was adopted during FY 1994 and includes the following: · The City of Delray Beach Affordable Housing Advisory Committee's ongoing review of local policies, ordinances and regulations that may potentially increase the cost of housing development. · The One Stop Shop Permitting process which reduces the average number of days required for plans review (from 15 to 5 days). · The waiver of permit fees for projects that are sponsored by non-profit agencies, fees related to building, paving and irrigation permits. This commitment represents an estimated $1,200 per unit reduction to the cost of building a unit. · The payment of impact fees (since unable to waive) will be paid by the City when it can be demonstrated that the cost savings will be passed on to the buyer. · The reduction of parking and setback requirements, allowing one of the required two parking spaces for s-f dwelling units to be located within the side setback. This provides a cost reduction of approximately $500 per unit. 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 Reduction of Landscape Requirements: reduces the amount of previous lot area required to be planted in shrubs and ground cover by 10%. It is estimated that this saves approximately $1,200 on the cost of building a unit. As a result of these "incentives" as well as the City's various housing programs described throughout this document, the City of Delray Beach continues to successfully address and ovemome universal "obstacles" to meeting under served needs, foster new and maintain our current inventory of affordable housing and eliminate identified barriers to affordable housing. Actions to overcome Raps in institutional structure The City of Delray Beach Department of Community Improvement (CD Division), in partnership with other public, private and non-profit agencies, formulated and developed the tremendously successful "Delray Beach Renaissance Program." Through a Memorandum of Understanding which includes specific policies and procedures, the partners under this agreement have agreed to pool all available resources, talents, techniques and expertise into one coordinated housing delivery program (for homeownership). Participants include the City of Delray Beach, Delray Beach Housing Authority, Delray Beach CRA, TED Center, Delray Beach CDC, and Community Financing Consortium. Actions to enhance coordination The City of Delray Beach is recognized as a leader in establishing and maintaining meaningful collaborative relationships and initiatives. As described throughout this report, the City is involved as a partner in various such efforts. Additionally, the PBC/Delray Beach HOME Consortium has helped foster strong intergovernmental relationships during the past few years. The Consortium has provided additional homeownership and owner-occupied rehabilitation funds for residents of the City. This agreement has provided opportunities to continually interact with County staff, various non-profit agencies, private builders and lending institutions. However, during this reporting period no funds were expended from the HOME Program. Actions to Improve Public Housinq and Resident Initiatives The Delray Beach Housing Authority (DBHA) continued its commitment to improve the quality of life for both Public Housing and Section 8 residents during this reporting period as well. DBHA programs provide viable, substantial alternatives to participation in crime and drug activities. They are also designed to promote true self-sufficiency through economic development. The following programs are among the strategic and tactical plans undertaken to meet the goals consistent with the goals of the Consolidated Plan. The following activities and services were provided to residents: a. Family Self-Sufficiency Program The DBHA's Family Self-Sufficiency Program provided economic support and case management to approximately 53 Section 8 and 13 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 16 families obtain homeownership and several families are in the process of purchasing a home. The FSS Program is a collaborative effort between the Delray Beach Housing Authority, the Children's Case Management Organization, Inc. and the Family Full Service Center. The ultimate goal of the program is to reduce families' dependency on housing and economic subsidies by providing significant linkages to sources for employment, education and other services consistent with this goal. b. Residents'Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at the monthly meetings has an average of 35 residents. 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 Carver Estates Youth Program The mission of the Carver Estates Youth Program (CEYP) is to encourage and nudure positive lifestyles by offering academic, recreational, cultural and social program for the youngsters of Carver Estates. There are approximately 400 children living in the public housing complex. The CEYP serves up to 50 children from grades Ko12. The DBHA provides an annual contribution of $15,000 plus in- kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. City of Delray Beach/DBHA Partnership Initiatives Homeownership Program The DBHA contributes subsidy monies as a partner in the "Best Practices" award winning Delray Beach Housing Renaissance Program. Subsidies contributed by the Housing Authority are targeted towards the lower income family (below 60% of median). Since the beginning of the program the DBHA has assisted over 21 families with the purchase of new homes Security and Crime Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full-time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Additionally, the Authority was granted $60,000 in 1998 PHDEP funds to provide for the installation of security cameras at the Public Housing complex. This project has been successfully completed. Future PHDEP funds will be used to fund drug prevention activities for the youth of Carver Estates. Actions to Improve Resident Initiatives As described above, the City of Delray Beach provides general revenue dollars in support of the local Bootstrap Rehabilitation Program. However, general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. This local program provides funding for a full-time Neighborhood Program Specialist position, responsible for the coordination and development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. This networking/coordination function has proven highly beneficial to the City and our residents. The Neighborhood Program Specialist worked to establish new associations during the program year and to build capacity of existing groups. Funds provide for numerous monthly mailings and public notice advertisements. The Program also provides funding in support of a community garden located within the SW Section of the City's CDBG Target Area. Volunteers from the community, actively care for the garden. Under the Neighborhood Housing Program, funding is provided annually in support of land acquisition and conveyance to Habitat for Humanity of South Palm Beach County, neighborhood clean-up campaigns, our local adopt-a-street and adopt-a-tree programs, the highly successful Paint-Up Delray program (11 individual homes were painted this year by dedicated volunteers), a locally initiated Competitive Neighborhood Grant Program, and numerous other events and activities. The Neighborhood Program Specialist also works closely with the Police Department, the Chamber of Commerce (coordinating special events), area businesses, social service agencies, and other City Departments. Lead-Based Paint Hazard Reduction The City implements its housing related activities in a manner which assesses lead-based paint risk for traditional target population (i.e., at risk children under 7 years of age). When providing assistance under its housing programs, the City continues to provide all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City's Housing Rehabilitation Specialist has been designated a certified Lead Inspector and the City utilizes the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promoted to local contractors the "Lead-Safe Work Habits" training. 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 Proqram Compliance and Planninq Requirements The City monitors Plan implementation through constructive record-keeping of project execution details, on-site inspections and maintaining close functional links with service providers, economic organizations, neighborhood groups and target beneficiaries. Staff involvement in housing and community development organizations and their activities provide the Staff with valuable insight into the needs of Iow- and moderate-income persons. Focus groups and citizen meetings, conducted as part of developing the Five-Year Consolidated Plan, provided opportunities to share information and hear about issues important to neighborhood groups and community agencies. Details on CDBG programs, neighborhood organizations, and other public information is maintained on the City's website at www.mydelraybeach.com Anti-Poverty Measures In addition to the City's holistic approach to community development (as described throughout this document), it also takes a multi-faceted approach toward reducing the number of households with income below the poverty level. The flint approach is to provide safe and affordable housing for very Iow-, Iow- and moderate-income households. Specific activities include owner rehabilitation, emergency repair, homeownership, code enforcement, demolition/clearance, support services (including fair housing and housing counseling services), working with affordable housing providers, assisting non-profit and for-profit developers to initiate new construction activities, and working with at-risk homeless and "special needs" providers. The second approach is to establish healthy neighborhoods through balanced, diverse development of public facilities, infrastructure, housing, commercial, recreational and safety activities. Specific activities include efforts to provide infrastructure with street improvements (including handicap accessibility) throughout the city with emphasis on CDBG target areas; public services through Fair Housing counseling; capacity-building and administrative assistance to neighborhood organizations; public facilities assistance by improving parks, and supporting efforts of other community development providers in public service, public facility, transportation and safety activities. Economic development represents the third facet of the city's approach to anti-poverty. Economic development efforts will be expanded by retaining and expanding employment and business opportunities for city residents. Specific activities include promoting downtown revitalization, supporting non-profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. VII. LEVERAGING RESOURCES The City of Delray Beach's successful housing programs have enabled the direct levereging of substantial match dollars in the form of first mortgages through private lending institutions, Palm Beach County Government, US HUD, and other local funding providers. VIII. CITIZEN COMMENTS As required in accordance with the Consolidated Plan regulations, a fifteen-day public review and comment period was given to the City's citizens and other interested persons prior to the submittal of this report to the US HUD field office. A copy of the advertisement requesting review and comments relating to the document is attached to this report. IX. SELF-EVALUATION The City of Delray Beach successfully accomplished numerous housing rehabilitations, emergency repairs, new homeownership deals, public service activities and units of service, and other community development initiatives during this reporting period (FY 2002-03). CDBG, SHIP and other local 2002 Consolidated Annual Performance and Evaluation Report October 1,2002 - September 30, 2003 dollars were allocated toward a divemity of eligible activities in support of the City's holistic approach to providing affordable housing, a suitable living environment and expanded economic opportunities for our residents. The City's local housing Renaissance Program continued to generate impressive numbers of new affordable housing units. Our local non-profit partners continued processing successful homeownership packages this year, enabling the City to meet and exceed our projections. Overall investment by area builders as well as non-subsidized homebuyers has continued to compliment the City's redevelopment efforts during this time. Active code enforcement, citizen patrols, drug prevention programming, installation of sidewalks, park and facilities improvements, comprehensive housing rehabilitation and the provision ef targeted social services have all continued to assist with the improvement of living conditions and increased property values throughout the CDBG Target Area. The City's Housing Renaissance Program completed its seventh year of an extended agreement. The program has proven over the years to be an effective collaboration of housing organizations working in tandem to increase the availability of affordable housing units throughout the City of Delrey Beach. The delivery system played a major role in the award of three "Best Practices" awards from US HUD. The City's various housing improvement and production programs have continued to provide a firm foundation for our current and planned redevelopment efforts. Continued improvements undertaken throughout the CDBG Target Area utilizing CDBG dollars, in turn, compliment our annual housing accomplishments. By targeting our efforts geographically and allocating CDBG dollars toward "High Priority" concerns/issues identified in the Five-Year Consolidated Plan, the City continues to impact our identified needs and experience positive results. Based on the positive results of previous years, the City will continue to partner with local community groups, neighborhood associations, the local Housing Authority, CRA, non-profit partners and the private sector in our efforts to maintain the quality of life for which the City was recognized as an Ali-America City in 1993 and 2001. The program objectives identified in the City's Five-Year Consolidated Plan and Annual Action Plan for FY 2002-03 remain consistent and are being met over time. Public participation throughout the year determined that the need for increased affordable housing, street and infrastructure improvements in the CDBG Target Area persists. Since the City's annual CDBG allocation is limited, it will be necessary to continue partnering with other City Departments for collaborative drainage projects utilizing multiple funding sources. X. CDBG NARRATIVE STATEMENT Use of CDBG Funds in Relationship to Consolidated Plan As described throughout this report, the City has been extremely successful in addressing local needs identified at the community level through our Visions 2000, 2005, 2010 and Five- Year Consolidated Planning process. During this reporting period alone, the Department again addressed the following "High Priorities", listed in the Consolidated Plan as "Priority Community Development Needs": owner-occupied housing rehabilitation, homeless and non- homeless with special needs issues, neighborhood facilities, childcare centers, parks/and/or recreational facilities, sidewalk improvements, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provide individual priority accomplishments, particularly when discussing affordable housing preservation and development. With the exception of one individual residential unit demolition and clearance activity (removal of slum and blight on a spot basis) completed during this reporting period and fair housing services provided by a subrecipient agency, all CDBG funds expended during the 2002-03 Program Year served to meet the National Objective of benefiting Iow and moderate-income persons (24CFR 570.208a). During this reporting period CDBG funds were also allocated to the following private non- profit organizations in support of eligible public service activities. t0 2002 Consolidated Annual Performance and Evaluation Report October 1,2002 - September 30, 2003 MAD DADS of Greater Delra¥ Beach The MAD DADS organization is a non-profit agency organized to fight illegal and destructive activities and provide drug prevention programming within the neighborhoods of the CDBG Target Area. The agency's Drug and Crime Free Community Program primary goals include neighborhood stabilization, youth development and family strengthening. During this reporting period CDBG funds in the amount of $50,000 were provided to the agency in support of two full-time service delivery positions. Over 300 persons received the direct benefit of these programming efforts. Alpha-Time Children's Center The Center is located on-site at the Delray Beach Housing Authority and provides uninterrupted childcare services for very Iow-income families residing in the Target Area. During this reporting period, CDBG funds in the amount of $10,000 were provided to the agency in support of one part-time service delivery position. A total of 90 unduplicated children received the direct benefits of this programming effort. Community Child Care Center The Center provides pre-school education and family services to very Iow and Iow-income children (100% Title IV-A), individuals under Protective Services custody, parents enrolled in work training programs, and Iow-income teen parents. During this reporting period CDBG funds in the amount of $22,000 were provided to the agency in support of one part-time service delivery position. A total of 300 unduplicated children received the direct benefits of this programming effort. Community Neiqhborhood Helpino. Inc. This community-based gressroots organization provides services to very-low and Iow-income residents (predominantly elderly) of Delray Beach. Services include, but are not limited to, food distribution, literacy counseling, and arranging for medical screening services, such as blood-pressure/cholesterol checks and eye and hearing screening. During this reporting period CDBG funds in the amount of $3,650 were provided to CNH, Inc. A total of 200 persons received the direct benefits of this programming effort. Urban LeaClue of Palm Beach County, Inc. The South County Office of the Urban League provides services to very Iow and Iow-income residents of Delray Beach. The services (housing counseling and Emergency Intervention Programs) are designed to intervene for and educate residents regarding issues of homelessness and to prevent further incidences of homelessness. During this reporting period, CDBG funds in the amount of $12,000 were provided to the agency in support of the partial salary of one service delivery position. A total of 223 persons received the direct benefits of this programming effort. Efforts in Carryinq Out Planned Actions All projects and activities included in the approved Annual Action Plan for this reporting period (2002-03) have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the IDIS generated reports. Benefitinq the National Objectives All projects/activities funded under the City's CDBG formula entitlement during this reporting period met the National Objective criteria. All funded activities met the National Objective of Benefiting Low and Moderate-Income Persons. The grantee met and exceeded the overall benefit certification requirements (of 70%). Activities Involving Occupied Real Property As provided in various sections of this report, CDBG funds were utilized during this period for numerous rehabilitation activities. However, none of the activities required relocation as a result of displacement. ]] 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 Economic Development Activities Undertaken and Other Issues during this program year, $15,000 in CDBG funds was provided to The Palm Beach County Resource Center to provide management and technical assistance services to eligible business owners or prospective businesses located within the established CDBG targeted area. Services included all aspects of business planning, compilation of loan/bonding packages, matching firms with opportunities, and procurement assistance. Also, during this reporting period, various activities were undertaken which serve to benefit a limited clientele (not falling within one of the categories presumed limited clientele Iow and moderate-income benefit). These activities (in accordance with 208(a)(2)(I)(A,B, and C) are monitored by the Community Development Division to ensure that at least 51% of the activity beneficiaries are income eligible. Recipient agencies providing services under this National Objective classification/citation are required (by contract) to provide monthly reports, including but not limited to a monthly Direct Benefit Activity Form. Annual site visits/monitoring sessions are conducted, during which client files are examined for supporting income documentation and verification. As delineated in Section IV of this repod, the City of Delray Beach has several vital programs available for the rehabilitation of single-family residential units for income-eligible households. During this reporting period, a total of thirteen CDBG, five SHIP, twelve local Bootstrap, and three Local CRA, residential rehabilitation projects were undertaken and completed. Additionally, thirteen single-family units were completed under SHIP first-time homebuyers program. Xl. PUBLIC PARTICIPATION / ADDITIONAL REQUIREMENTS In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment for a period of at least fifteen (15) days prior to submission to the HUD Field Office. No public comments were received. Please see attached newspaper advertisement published locally. The completed CAPER (performance report) is also available for examination by the public upon request. Xll. ATTACHMENTS Table 1. Measurable Targets vs. Accomplishments in Housing Map of CDBG Target Area IDIS generated reports 12 2002 Consolidated Annual Performance and Evaluation Report October 1, 2002 - September 30, 2003 Table 1. Measurable Targets vs. Accomplishments in Housing 5-Year Percent Consolidated 2002-2003 2002-2003 Accomplishment Project Plan Targets* Targets Accomplishments 2002-2003 Owner-Occupied Rehabilitation 13 15 '115% 5-CDBG 10-CDBG 7-SHIP* 5-SHIP* Emergency Repairs 4 3 75% First-time Homebuyers* 12 13 108% Housing Demolition 2 3 150% Bootstrap 10 12 120% *Refers to units acquired or rehabbed with State Housing Initiatives Partnership (SHIP) funds The City continues to meet its annual housing goals. During this program year CD staff completed 5 Emergency Repairs but two of the projects required more extensive rehab and were upgraded to full housing rehabilitations, Agenda Item No.: q~-~-~ AGENDA REQUEST Request to be placed on: ~Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: December 4, 2003 When: December 9, 2003 Description of item: Approval of the 2002-2003 Consolidated Annual Performance and Appraisal Report (CAPER) required by the U. S. Department of Housing and Urban Development (HUD). Recommendation: Staff recommends approval of the Consolidated Annual Performance and Appraisal Report. Department Head Signature: .~g~~ City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (ifapplicable) City Manager Review: Approved for Agenda: Hold Until: 5 /No Agenda Coordinator Review: Received: Placed on Agenda: [ITY I)F DELRI:IY BEI:IgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: TO: FROM: MEMORANDUM December 2, 2003 City Commission ...._-- Brian Shutt, Assistant City Attorney SUBJECT: Proposal for Settlement in Florida Blacktop v. City of Delray Beach The City has received a Proposal for Settlement from the Plaintiff in the case of Florida Blacktop versus the City of Delray Beach. This action arises out of 3 construction contracts (Pineapple Grove Way Improvements, NE/NW Area Improvements and SE/SW Area Improvements) between the City and Florida Blacktop. Florida Blacktop alleges the City prevented it from timely finishing the projects as well as adding extra work to the projects, in which, Florida Blacktop did not receive any compensation. The City asserts that Florida Blacktop failed to timely complete the projects and that Florida Blacktop was compensated for all of the work performed. The Plaintiffs complaint alleges breach of contract by the City on all three projects. The Proposal for Settlement filed by Plaintiffs' attorney is for $550,000.00 inclusive of fees and costs. Our recommendation is to deny the Proposal for Settlement. By copy of this memo to David Harden, please place this item on the December 9, 2003 City Commission agenda. If you have any questions, please do not hesitate to contact me. CCi David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Director of Environmental Services MEMORANDUM TO;. FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~ ~d~ - REGULAR MEETING OF DATE: DECEMBER 9, 2003 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DECEMBER 5, 2003 There is a vacancy on the Parking Management Advisory Board for a represemative in the Atlantic Avenue Conidor, between Swinton Avenue and Interstate 95. This individual would fill an unexpired term ending January 31, 2004. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road A1A within the corporate limits of the City. With the adoption of Resolution No. 63-00 the board's membership was expanded from nine to eleven members to include a representative from the West Atlantic Redevelopment Coalition (WARQ and a second citizen-at-hvge representative. The following have submitted applications and would like to be considered for appointment: Vanessa Grant Amazing Creations Florist Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat # 3). Recommend appointment of one (1) member to the Parking Management Advisory Board to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for a term ending January 31, 2004. I]ELRAY BEACH CRA 5514871431 --OAI~ MENInI~ p.3 -DELRAY BEACH November 25, 2003 Ms. Karen Schell, Board Liaison City of Delray Beach 100 NW 1~. Ave. Delray Beach, FL Dear Eaten, Enclosed is the Board Member Application for Vanessa Grant. She is a young business owner on SW 5~ Ave. in the heart of one of our most promising redevelopment areas. She has been in business foF a number of years and is interested in making a positive contribution in the city where she resides. Please forward her application to the appropriate area for review. I feel that she will make a positive impact to the Parking Management Advisory Board. Thank you for your consideration: · . Atlantic Program Manager MEMORANDUM TO: David T. Harden City Manager FROM: ~9~ Robert A. Barcinski Assistant City Manager DATE: SUBJECT: December 5, 2003 Agenda Item # ~. City Commission Meeting December 9~ 2003 Boys and Girls Club/Request Waiver ACTION City Commission is requested to waive the requirement to obtain a building permit by January 1, 2004 as required in the lease agreement between the City and the Boys and Girls for parcel number 4 at the Catherine Strong Center. B A CK GR 0 UND Attached is a letter I received today from Mary O'Connor requesting a waiver of the date requiting a building permit in paragraph 1.03 of the property lease between the City and the Boys and Gifts Club approved on January 7, 2003. Per my discussion with the City Attorney, we can waive the building permit date and amend the paragraph for the completion date when the building permit is obtained. RECOMMENDATION Staff recommends consideration of the request from the Boys and Gifts Club to waive the date of January 1, 2004 required for a building permit in Section 1.03 of the lease between the City and the Boys and Girls Club. S: Cily Cledc'~agenda cover mem~'~.eque~t Waiver. 12.9.03 ~/~00~ 12:56 561-68~-1618 BOYS & G~L~ CLUB~ 0 PA~E 02/02 December $, 2003 Mr. D~vid T. tt~rd~ City Manager Ci~ of Delmy Beach I00 N.W. 1~ Avenue Delmy Beach, FL 33444 I am writing to sltsre our good ~ o~ the current status of our building plans for the new 2!,000 BOys & (3iris Club 0fDelray Beach. As you may have already heard, we received a $1 million gift that will allow us to finally collcct bids for the facility. It is my undc~mnding that we have already completed the planning and zoning process. However, in ~vi~ving thc lease, it says that wc ~ to obtain a buildir~ l~-rmit by January 1, 2004. At this time, we am kindly asking for a waiver as we anticipate it could take UP till possibly June to meet the requirements. In the meantime, tf you would like me to go before your cowmi~sion to address this issue, I am available. In addition, should you have any questions or need any additional i~formation, I will be ~ to supply it. nor President & CEO cc: Bob Barcinski, Ass~ant CRy ~OY8 & GIRL8 CLUB8 O~ PAkM ~ACA't C. Ot~q'Y fine D. H~nley John Lscy Lynn 8~vta S, James L~nae Cro~s Klm E, ~8 T~ ~r Chrl~ ~ C. Ou~k 1.03 Length of T.erm and Commencement Date The Term of this Lease shall be for a period of seventy-five (75) years commencing from the date of receipt of a building permit for the construction of a building on Lease Area 4. If the building permit is not obtained by January 1, 2004 or if the building is not completed by January 1, 2005, then this Lease Agreement shall be null and void and the only right of the Lessee shall be to continue to Lease Area 5 under the current Lease Agreement dated June 1, 1997. The City shall have the right to either choose to extend the time for completion, which if requested by Lessee, shall not be unreasonably denied, or shall order the Lessee to remove the incomplete building at Le6see's expense or finish the building for City use under terms acceptable to the Lessor and the City. During construction, the Lessee may occupy Lease Area 5 under the current lease dated June 1, 1997. After the building on Lease Area 4 receives a CO, the current Lease dated June 1, 1997 shall be null and void. During the construction period, Lessee shall have the dght of access through the Premises for the purpose of construction of the intended improvements as set forth in Section 3.01 herein. The insurance and indemnification provisions of Article VI shall also apply throughout the lease term and also during the construction period. This Lease shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this Lease after any Provided that Lessee has continually maintained the Premises for permitted uses as set forth in this Lease (The "B&G Club Use"), and provided that Lessee is not in default of any of the terms and conditions of this Lease, then Lessor grants to Lessee the option to purchase the Premises from Lessor at the expiration of the original or extended Lease Term, as set forth herein. The purchase price shall be equal to the sum of $10.00, together with payment of all transfer costs of the transaction. In the event that Lessee desires to exercise such option, Lessee shall provide Lessor written notice of such exercise within sixty (60) days prior to the expiration of the Lease Term (the "Purchase Notice"). Closing shall take place within sixty (60) days after the Purchase Notice. In the event that any restrictive covenant exists on the Premises as of the commencement date of the Lease that requires a third party approval for the conveyance, Lessee shall have the obligation to seek such approval or obtain a waiver of such approval. At closing, Lessor shall convey marketable title by warranty deed, free and clear of any encumbrances to Lessee, provided however, that the deed shall contain a reverter clause providing that if Lessee fails to use or maintain the Premises for the B&G Club Use, title shall revert back to Lessor. Lessee shall pay for any recording costs, survey expense, and any title insurance policy desired by Lessee. Lessee shall take the Premises in an AS IS condition. Any prorated expenses of the Premises such as taxes, assessments or otherwise, shall be prorated as of the closing date. Menlo City Commission David Harden~ December 5, 2003 Mayor's Salary and Expenses Attached ara the rasults of our survey of mayor's salades in Palm Beach, Martin and Broward Counties. Of the cities surveyed, we ara among the lowest. We are roughly equal to Palm Beach Gardens and Stuart, both of which are considerably smaller. Only Wellington, which is about two-thirds our size, has a lower salary. West Palm Beach is by far the highest, but of course that is a strong mayor form of govemment. Recommendation: Commission diraction is requested concerning possible increases to our mayor's salary and/or expense allowance. TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~ JEFF COSTELLO, ASSISTANT PLAN~T~I~~ MEETING OF DECEMBER 9, 2003 PRIVATELY SPONSORED REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART AND CD (CONSERVATION DISTRICT) IN PART TO RM (MEDIUM DENSITY RESIDENTIAL) FOR A 0.509 ACRE PARCEL LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY APPROXIMATELY 650 FEET SOUTH OF SE 10TM STREET. The subject property consists of the Corniche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the existing condominium which includes installation of a gate house, guest parking and landscaping areas. In order to accommodate the proposed improvements, the applicant proposes to rezone the property from POD (Professional and Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential) At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) of the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are scheduled for second reading at the January 6th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. A representative for the Harborside Condominium development expressed concerns with the future boat ramp development of the FIND (Florida Inland Navigational District) parcel; however expressed no objections to this specific proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Sowards stepped down; Woehlkens and Morris absent) to recommend that the requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed rezoning from POD (Professional and Office District) in part and CD (Conservation District) in part to RM (Medium Density Residential) based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of July 21,2003 & Proposed Ordinance ORDINANCE NO. 48-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE) DISTRICT IN PART, AND CD (CONSERVATION) DISTRICT IN PART TO RM (MED1UM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO 1, APPROXIMATELY 650 FEET SOUTH OF SE l0TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL, 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned POD (Professional and Office) District in part, and CD (Conservation) District in part District; and WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: The Comiche Replat I, less and except Tract "A" according to the Plat thereof, as recorded in Plat Book 79, Page 50, of the Public Records of Palm Beach County, Florida Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 20-03, under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading. 2 ORD NO. 48-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3a.) Future Land Use Map Amendment From TRN (Transitional) In Part and OS-C (Open Space-Conservation) In Part To MD (Medium Density Residential 5-12 du/ac) and Rezoning From POD (Professional Office District) In Part and CD (Conservation District) In Part To RM (Multiple Family Residential -Medium Density) For a 0.509 Acre Portion of Delray Harbor Club Condominium Development (Quasi-Judicial Hearing). GENERAL DATA: Proposed Zoning ........................ Adjacent Zoning ................ North: East: South: West: Owner/Applicant ......................... Delray Harbor Club Agent .......................................... Robert G. Currie Partnership, Inc. - Jose Aguila, AIA Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10th Street. Property Size .............................. 0.509 Acres Future Land Use Map ................TRN (Transitional) & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD (Medium Density Residential, 5-12 Units/Acre) Current Zoning ............................ POD (Professional Office District) & CD (Conservation District) RM (Medium Family Residential - Medium Density) RM (Medium Family Residential - Medium Density) CD (Conservation District) POD (Professional Office District) MH (Mobile Home) & PC Planned Commercial) Existing Land Use ...................... Vacant Proposed Land Use .................... FLUM Amendment and Rezoning. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. DO~AIN£ DELRA Y HARBOURS TREE t4LLAGE LIN TO N 8 L VD. IV. A. (3a.) The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10th Street. Pumuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject property consists of the Comiche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the condominium with a gate house, guest parking and landscaping areas. In April of 1986, the triangular shaped parcel, was platted and titled "The Corniche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND (Florida Inland Navigation District) parcel to the east of the subject parcel. On September 10, 1985 the City Commission approved a site plan for the construction of a three story, 7,714 sq. ft. commercial bank and office building with drive-thru banking facility. However, the construction never commenced and the site plan expired. In December of 1995, the same triangular shaped parcel of land was replatted by "The Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In March of 1997, the same triangular shaped parcel of land was replatted again by "The Comiche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the south 24' of the plat. Tract "A" is dedicated to the City of Delray Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). Finally, at its meeting of July 2, 2002 the City Commission approved the abandonment of a 24' public access easement within the Corniche Replat (north 24' easement). ~lanning and Zoning Board ,c ~ Report Delray Harbor Club - FLUM ~,tendment and Rezoning Page 2 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2003-2. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allOwed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. While the TRN (Transitional) FLUM designation is consistent with the proposed RM zoning district, the FLUM amendment to MD will allow overall consistency with the balance of the Delray Harbor Club property. The OS-C FLUM designation is inconsistent with the proposed RM zoning and is inappropriate as it is no longer part of the much larger conservation parcel to the east. The proposed FLUM amendment and rezoning are to enable the construction of a new entry gate, visitor parking and landscaping for the Delray Harbor Club condominium development. These improvements are allowed as an accessory use to the existing condominium development. The RM (Multiple Family Residential) zoning district is consistent with the proposed MD (Medium Density Residential) Future Land Use Map designation. Future Land Use Element Policy A-1.7' Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: [q Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar '!arming and Zoning Board ,c Report Delray Harbor Club - FLUM ~,iendment and Rezoning Page 3 intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal involves a privately initiated FLUM designation change from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5~12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density). As stated earlier, the proposed MD FLUM designation allows a new gate house and parking area associated with the existing Delray Harbor Club condominium, which is located to the north, immediately adjacent to the subject property. The Harborside condominium development exists to the south of the subject property, which is a similar type of residential condominium development as Delray Harbor Club and also has a MD FLUM designation. To the east of the subject property is the existing vacant FIND (Florida Inland Navigational District) property which has a FLUM designation of OS-C and a zoning designation of CD. To the west, across northbound Federal Highway, exists a vacant parcel of land with a FLUM designation of GC (General Commercial) and a zoning designation of PC (Planned Commerlcal) and further to the west across southbound Federal Highway exists the Floranda Trailer Park which has a TRN FLUM designation and a MH (Mobile Home) zoning designation. Given the existing character and FLUM designations of the surrounding area the proposed MD designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. (3 Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following are the applicable objective is noted: Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Although a portion of the property has an OS-C FLUM designation and is zoned CD (Conservation District), this portion of the property was part of an overall conservation tract, which contains mangroves. In addition, the properties small size limits the development potential of the site under the current POD zoning designation, which allows office type uses and is situated between two condominium developments. The FLUM amendment to MD and zoning to RM will ensure the property will be developed in a manner that will be complementary to the adjacent residential condominiums to the north and south. With review of a specific development proposal this policy will be revisited. ! / Planning and Zoning Board ,' '? Report Delray Harbor Club - FLUM ~,,tendment and Rezoning Page 4 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The existing TRN FLUM designation is consistent with the POC (Planned Office Complex), POD (Professional Office Development), RO (Residential Office), NC (Neighborhood Commemial) and RM (Multiple Family Residential - Medium Density) zoning designations. The intensities of the uses allowed under the office and neighborhood commercial zoning districts is much greater than the intensities allowed under the MD FLUM designation, which does not allow office or commemial development. Development of the property will be limited to uses permitted under the proposed MD Future Land Use Map and RM zoning designations. The intended use is for a new entry feature including a gate house and guest parking for the existing Delray Harbor Club condominium development. Residential development is limited to a maximum of 12 units to the acre, which is the same as the TRN. This would allow a maximum of six (6) units to be constructed on the property, which would generate 42 average daily vehicular trips. There is adequate capacity on Federal Highway to accommodate potential traffic generated by the proposed MD FLUM designation. There ara no other concerns meeting other level of Service standards relating to drainage, water and sewer, solid waste, parks and recreation facilities, and schools. Drainage can be accommodated on site via an exfiitration system. City facilities, such as water and sewer, and parks have sufficient capacity to handle development under the MD FLUM and RM zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential for 6 residential units should have no impacts relating to schools. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0,509 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. The proposed City zoning designation is RM (Multiple Family Residential) while the current zoning designation is POD (Planned Office District) in part and CD (Conservation District) in part. The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. Section 3.2.2 (Standards for Rezoninq Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most reStrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different Planning and Zoning Board -.f Report Delray Harbor Club - FLUM ~,iendment and Rezoning Page 5 zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along the east side of northbound Federal Highway between Linton Boulevard and SE 10th Street is such that properties have been primarily developed as multiple family residential condominiums (RM zoning) with the exception of the Old Harbor Plaza commemial shopping plaza, located at the northeast corner of Linton Boulevard and Federal Highway. Therefore, the proposed rezoning is consistent with this standard. (O) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zonin,q Uses North RM West PC and MH South RM East CD and OS-C Delray Harbor Club Condominiums Vacant land and Floranda Trailer Park Harborside Condominiums Vacant land The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. Section 2.4,5(D)(5) CRezonin(~ Findin.qs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, the development pattern along northbound Federal Highway has been established such that the properties along the east side of the road have been primarily developed as multiple family condominiums. The proposed rezoning to RM is consistent with the MD FLUM designation. The proposed rezoning will allow the subject Planning and Zoning Board ,~ ? Report Delray Harbor Club - FLUM ~unendment and Rezoning Page 6 property to be developed of a similar intensity as the surrounding area. Therefore, a finding can be made the rezoning fulfills subsection "c.' The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Harborside Condominium · Presidents Council · Osceola Park · Rio Delray Shores · PROD The Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS- C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 d.u./acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10th Street, is consistent respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The MD FLUM and RM zoning designations are more apprepdate given the existing RM zoning along the east side of S. Federal Highway, north and south of the site, and to maintain consistency with the balance of the adjacent Delray Harbor Club, the owner of the subject property. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Planning and Zoning Board ~' ! Report Delray Harbor Club - FLUM/~nendment and Rezoning Page 7 Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from TRN (Transitional) in part and OSrC (Open Space - Conservation) in part to MD (Medium Density Residential 5-12 d.u./ac) and approval of the Rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM' Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared by: Michelle Hoyland, Senior Planner AEachments: · Proposed Future Land Use Map · Zoning Map · Survey 05~ MD -- TRN SlOE GC BANYAN TREE LANE PLAZA TREE ~LLAGE HARBOUR$ EDGE HARBOURS EDGE N PLANNING DEPARTMENT CITY OF DELRAY BEACH. FL DELRAY HARBOR CLUB -- FLUM AMENDMENT -- FROM: TRN (TRANSITIONAL) & TO: MD (MEDIUM DENSITY O$-C (OPEN SPACE -CONSERVATION) RESIDENTIAL, 5-12 UNITS/ACRE) N PLANNING DEPAR~IdENT CITY OF DELRAY BEACH, FL DELRAY HARBOR CLUB -- REZONING -- FROM: POO (PROFESSIONAL OFFICE DISTRICT) TO: RM (MULTIPLE FAMILY & CD (CONSERVATION DISTRICT) RESIDENTIAL - MEDIUM DENSITY) L TO: THRU: FROM: SUBJECT: j.'~NTANAGER PLANNING DIRECTOR NER MEETING OF DECEMBER 9, 2003 CITY INITIATED REZONINGS FOR THE WALLACE DRIVE REDEVELOPMENT AREA FROM I (INDUSTRIAL) TO MIC (MIXED INDUSTRIAL & COMMERCIAL) AND FROM R-1-A (SINGLE FAMILY LIGHT INDUSTRIAL. The Wallace Drive Industrial Area is designated as Red on the north; Milfred Street on the south; SW 9th Avenu thirds of the area is located west of Wallace Drive, whicl' southwest. The proposed rezonings are required to impl~ At its meeting of August 5, 2003, the City Commissi¢ Community Affairs (DCA) of the associated FLUM Comprehensive Plan Amendment 2003-2. The associ reading at the January 6th City Commission meeting. .~velopment Area #2. It is bordered by SW 10th Street .~ on the east; and Tangelo Terrace on the west. Two- bisects the area, running diagonally from northeast to ~ment the Redevelopment Plan for the area. n approved transmittal to the Florida Department of amendments for the property in conjunction with ~ted FLUM amendments are scheduled for second approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning requests. Several property owners in the area spoke in favor of the requests. One property owner expressed a concern that the development standards for the proposed Light Industrial zoning district would be too stringent on the smaller lots within the redevelopment area. Staff explained that an overlay district would be created to amend the development standards, and that this would take place concurrently with final reading of the Future Land Use Map amendment and rezoning ordinances. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the FLUM Amendment and Rezoning requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed rezonings, associated with the Wallace Drive Redevelopment Plan, from I (Industrial) to MIC (Mixed Industrial and Commercial) and from R-1-A (Single Family Residential) to LI (Light Industrial), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, and set a public hearing date of January 6, 2004. Attachments: P & Z Staff Report of July 21,2003 & Ordinance ORDINANCE NO. 49-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT; AND, FROM I (INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ALL REQUIRED TO IMPLEMENT THE WALLACE DR1VE REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF SW l0TM STREET, BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND, WEST OF LIME LANE, BETWEEN GEORGIA STREET AND POINSETTIA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Wallace Drive Redevelopment Pan will be presented for adoption to the City Commission at its meeting of January 6, 2004; and WHEREAS, a portion of the Wallace Drive Redevelopment Plan requires the assignment of appropriate Future Land Use Map designations and zonings for certain properties in the area; and WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 5 to 0 to recommend that the properties hereinafter described be rezoned, based upon positive findings; and WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the rezonings as set forth herein for numerous lots under various ownerships within the Wallace Drive Redevelopment Area; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of LI (Light Industrial) District from R-1-A (Single Family Residential) District for the following described properties: Lots 9-16, inclusive, Esquire Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; Together with; Lot 8, Block D (less South 158 feet), Sunny Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; Together with; Subdivision of Section 20, Township 46 South, Range 43 East, East 1/2 of West 1/2 of Lot 30, lying East of Wallace Drive (less South 183 feet), of map showing Subdivisions of portions of Townships 45 and 46, South, Range 43 East, according to the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District from I (Industrial) District for the following described properties: Lots 3 & 4, Block C, Sunny Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sections 1 and 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD NO. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 20-03, under which official land use designations of I (Industrial) and CMR (Commerce) are affixed to the subject parcels hereinabove described in furtherance of the Wallace Drive Redevelopment Plan. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 200__. ATTEST M A Y O R City Clerk First Reading Second Reading. 3 ORD NO. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.b.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Wallace Drive Redevelopment Plan (Redevelopment Area #2). GENERAL DATA: Applicant ........................................ City Initiated Location ........................................ Located south of Southwest 10~h Street, north of Milfred Street, east of Tangelo Terrace, & west of Southwest 8~h Avenue. Property Size ................................. 34.3 Acres (without right-of-ways) Future Land Use Map .................... RDA - 2 (Redevelopment Area #2) Proposed FLUM ............................ IND (Industrial), MIC (Mixed Industrial & Commercial), & CF - C (Community Facilities - Churches) Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC (Mixed Industrial & Commercial) and I (Industrial) Proposed Zoning ........................... MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial), and CF (Community Facilities) Adjacent Zoning .................. North: East: South: West: Existing Land Use ......................... Water Service ............................... Sewer Service ............................... R-1-A (Single Family Residential) & OSR (Open Space & Recreation) CF (Community Facilities) and RM (Multiple Family Residential - Medium Density) AC (Automotive Commercial) I (Industrial) Commercial, Industrial, Residential, & Undeveloped Available to all properties. Available to all properties. IV. A. 13.b.) The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Wallace Ddve Industrial Area Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 34.3 acres, not including road rights-of-way. There are three proposed FLUM designations for the area. They are as follows: El Area A: FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR (Commerce) - includes all but two of the parcels within the redevelopment area and contains approximately 29.6 acres. Area B: FLUM amendment from RDA-2 (Redevelopment Area #2) to IND (Industrial) - 1 parcel located at the northeast corner of Georgia Street and Tangelo Terrace, containing approximately 0.7 acres. Area C: FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C (Community Facilities-Churches) - 1 parcel located between SW 8th and SW 9th Avenues, south of SW 10th Street, containing approximately 4 acres. The proposed rezonings within the Redevelopment Area are as follows: El Area D: Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2 parcels (by ownership), located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street, containing approximately 0.7 acres. El Area E: Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) - 36 parcels (by ownership), located east of Wallace Drive, containing approximately 8.5 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality P & Z Board Staff Report FLUM Amendment & Rezoni%., (or Redevelopment Area #2 Page 2 of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10~ Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan may be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted P & Z Board Staff Report FLUM Amendment & Rezoni%_ ~or Redevelopment Area Page 3 the overall area, it was decided to complete the Redevelopment Plan prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan was accelerated and is being processed as part of the City's annual Comprehensive Plan Amendment 2003-2. The intent of the Plan is to make the Wallace Drive area a unique place that will encourage the development of light industrial, commemial and office uses in an urban setting. It is hoped that it will also serve as a catalyst to increase property values and broaden the City's employment base in the industrial, manufacturing and trade sectors. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #2 and the proposed designations are CMR (Commeme), IND (Industrial) and CF-C (Community Facilities - Chumhes). The redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The proposed zoning designations of MIC (Mixed Industrial & Commemial), I (Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics P & Z Board Staff Report FLUM Amendment & Rezoning~ ~or Redevelopment Area #2 Page 4 or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#2 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan, prepared for Redevelopment Area #2, recommends that underlying Future Land Use designations of CMR (Commeme), IND (Industrial) and CF-C (Community Facilities-Chumhes) be applied to the area. As part of Comprehensive Plan Amendment 2003-2, changes are also being made to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-2 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Approximately three-fourths of the redevelopment area will retain its existing MIC zoning designation, so the potential development intensity on that portion of the redevelopment area is unaffected by the proposed FLUM designations. The potential development intensity on the remaining 8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is rezoned to LI (Light Industrial). A discussion of the impacts associated with development of this area at this higher intensity is given below: P & Z Board Staff Report FLUM Amendment & Rezonin~_ ior Redevelopment Area #2 Page 5 Water & Sewer: · Water service is available via service lateral connections to existing 10" water mains along Wallace Drive, SW 10th Street and SW 9th Avenue. · Sewer service is available via service lateral connections to existing 8" and 10" mains along Wallace Drive, SW 10th Street and SW 9th Avenue. 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: There are two storm water detention areas located in the north half of this area, on either side of SW 10th Avenue. Drainage is reviewed during the site plan application process for individual projects. For the type of development anticipated in this area, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area. Traffic: The maximum developable area is 7.8 acres (8.5 acres less the SW 10th Avenue extension). It should also be noted that although this area includes the City's storm water detention areas, redevelopment of that property is unlikely. The maximum development potential in the R-1-A zoning district is 39 units (5 units/ac). This assumes development of single family lots within the LD FLUM designation. The traffic that would be generated by this intensity of development is 390 ADT (39 units x 10 trips/unit). Since the zoning districts allowed within the CMR (Commeme) FLUM designation allow a maximum of 50% building lot coverage, the maximum building area that could be constructed on the 7.8 acres would be 169,884 square feet. This building area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were developed in general industrial uses typical of those uses allowed within any of the zoning districts under the Commeme FLUM designation. Although these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail is usually very specialized and involves items associated with the primary industrial use. Thus, the traffic associated with a retail component would be minimal. All new non-residential development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact P & Z Board Staff Report FLUM Amendment & Rezoninf~ .or Redevelopment Area #2 Page 6 fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Wallace Drive and SW 10th Avenue provide a connection between SW 10th Street and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within the general area and is classified as a Minor County Arterial. Since the Linton Boulevard link between Wallace Drive and Interstate 95 is currently operating at LOS "E", new developments which have a significant impact on this link cannot be constructed. However, since the trip generation rate for industrial development is very Iow, this is not expected to seriously impact new development within the redevelopment area. Parks and Recreation: Non-residential uses do not create a demand for Park & Recreation services therefore, the impact on these facilities will decrease as the property is converted to non-residential uses. Solid Waste: The development of single family development at the maximum intensity (5 units per acre) is 39 units. The trash generated by single family home is 1.99 tons of solid waste per year. Therefore the maximum impact for development of the 7.8 acre area would be 77.6 tons per year (39 x 1.99 tons/year). Redevelopment of the area for industrial uses at the maximum building area potential of 169,884 square feet is 399 tons per year (169,884 sq. ft x 4.7 lbs/sq, ft. x 1 ton/2000 lbs). Since this solid waste can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commercial, industrial and residential uses surrounds the Wallace Drive Redevelopment Area. The area south of the redevelopment area contains the Maroone Ford auto dealership and a 1.96 acre pamel containing a light industrial th building is located to the southeast, between Wallace Drive and SW 10 Avenue. Single-family residential development and the City's cemetery are located to the north, across SW 10th Street. The area to the west contains industrial land uses. The area immediately to the east contains multiple-family residential, single-family residential and vacant land. The single-family development is separated from the proposed light industrial development within the redevelopment area by the Calvary Bible Missionary Baptist Chumh and the multiple-family is located on the east side of SW 10th Avenue, south of SW 11th Street. Thus, the light industrial development will be separated from the residential properties by existing streets. Also, there are regulations in place to mitigate any potential impacts on adjacent properties. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoni%v .or Redevelopment Area #2 Page 7 All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of each of the areas to be rezoned is as follows: Area D: Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial & Commercial) These two parcels are located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. They both contain detached single family homes, which are a nonconforming use in the Industrial zoning district and P & Z Board Staff Report FLUM Amendment & Rezonin~ ,or Redevelopment Area #2 Page 8 they are surrounded by industrial uses. They cannot be redeveloped to more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. Since the lots are adjacent to MIC zoning on the east, which does not have a minimum lot size requirement, they are being rezoned to MIC. With this change, the lots will be able to be redeveloped, thereby becoming more compatible with adjacent development. There are no compatibility concerns with the rezoning of these properties which are surrounded by heavy industrial uses. Area E: Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) These pamels contain two City storm water detention areas and undeveloped property. The surrounding development includes: a chumh (located within the redevelopment area and currently zoned CF); multiple family residential to the east; a convenience store and single family to the west (located within the redevelopment area and currently zoned MIC); the City cemetery to the north and light industrial to the south. The rezoning to LI (Light Industrial) will allow uses compatible with those allowed on the adjacent industrially zoned properties. As previously stated, the adjacent residential developments are separated from the properties in question by existing streets, including SW 10th Avenue and SW '10th Street, which are City Collector roadways. The Light Industrial zoning district has stricter development standards than the MIC and I zoning districts and limits the types of uses. There are also regulations in place to mitigate adverse impacts on adjacent properties. Section 2.4.5(D)(5) (Rezonin~ Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a= That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c"', based on the following: The proposed rezonings are required to implement the provisions of the Wallace Drive Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the current I (Industrial) zoning district is inappropriate and MIC (Mixed Industrial & P & Z Board Staff Report FLUM Amendment & Rezoninu_ ~=or Redevelopment Area Page 9 Commercial) is more appropriate, based on circumstances particular to the sites. Given the location of the Single Family Residential zoned properties and the prevailing development pattern in the area, the proposed LI (light Industrial) zoning is more appropriate than R-1-A. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Three-fourths of the land area within the Redevelopment Area will retain its existing industrial zoning designations, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. No development proposals are currently under review for any property within the redevelopment area. Any proposed development will be subject to the provisions of the new zoning districts. Since the proposed rezonings will affect the land development regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. I to MIC. As stated earlier, the two parcels contain detached single family homes, which are a nonconforming use in the Industrial zoning district. They cannot be redeveloped to a more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. The proposed MIC distdct will allow the lots will be redeveloped. b. R-1-A to LI. This area contains a mix of single-family homes and storm water detention areas and undeveloped property. The existing single family residences will become nonconforming uses. Although the Redevelopment Plan encourages the aggregation of parcels, accommodations will be necessary to allow development on smaller parcels where aggregation is not possible. The Redevelopment Plan recommends the creation of an overlay area within the LI (Light Industrial) zoning district which amends the development standards for the LI District to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The overlay will also include provisions to increase the front setback for properties fronting on Wallace Drive. The modified development standards will be similar to those in the adjacent MIC zoning district. The text amendment will be processed following adoption of the Redevelopment Plan and will be scheduled to be adopted concurrently with the FLUM Amendments and Rezonings, now under review. With this amendment, there should be no problems complying with the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoni[,~ for Redevelopment Area #2 Page t0 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA · Seacrest HOA · Lake Ida HOA · Harbourside HOA · Rio DelrayShores HOA · Gateway HOA · West Side Heights HOA · Southddge HOA · Woods ofSouthridge HOA · DelrayBeach Heights HOA · Ebonyof DelrayHOA · Atlantic Park Garden HOA · Lincoln Park HOA · DelrayMemhantsAssociation Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan, the existing FLUM designation is being changed to CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). These designations are consistent with the proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities). Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. P & Z Board Staff Report FLUM Amendment & Rezoninb- for Redevelopment Area #2 Page 11 Bo Recommend to the City Commission approval of FLUM Amendments and rezonings of the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. 1. Recommend to the City Commission approval of the proposed FLUM Amendments from RDA-2 (Redevelopment Area #2) to: · CMR (Commerce) for the parcels within "Area A" identified in Appendix A; · IND (Industrial) for the parcels within "Area B" identified in Appendix A; · CF-C (Community Facilities-Churches) for the parcel within "Area C" identified in Appendix A; based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: · I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area D" identified in Appendix A; and · R-1-A (Single Family Residential) to LI (Light Industrial) for the parcels in "Area E" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Appendix A - Legal Descriptions prepared by: Ron Ho.q.qard, Senior Planner FLUM AREA A: LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLATT'S ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; # LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30 (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FLUM AREA B: LOTS I & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P & Z Board Staff Report FLUM Amendment & Rezoninu.. for Redevelopment Area #2 Page 13 FLUM AREA C: SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA D: LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA E: LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30, LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. \\carolina\departments\planning & zoning~boards\p&z board\flum & rezoning-redevelopment#2.doc GC DELRAY BEACH MEMORIAL GARDENS OS STREET MD FUTURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 AREA TO BE AMENDED AS 'INDUSTRIAL (I)' AREA TO BE AMENDEO AS "COMMUNIT~ FACILITIES- CHURCH (CF-C)' AREA TO BE AMENDED AS "COMMERCE (CMR)" S 10TH IPARK TEN 3RD ADD. POINSETTIA DRIVE GEORGIA STREET LI AC MAROONE FORD MAROONE ~SSAN LINTON OU TBA CK CIRCUIT MAROONE DODGE ROSS OSR DELRA¥ BEACH MEMORIAL GARDENS STREE~ CF RM THE GROVES BESSIE ST. SO SOUTHRIDGE ~LLAGE CONDO BOULEVARD PLAZA LA~R'S APARTMEI~ REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES AREA CHANGING FROM (R-l-A) SINGLE FAMILY RESIDENTIAL TO (LI) LIGHT INDUSTRIAL AREA CHANGING FROM (I) INDUSTRIAL TO (MI~ MIXEDINDUST~AL& COMMERCIAL S TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGE~ JEFF COSTELLO, ASSISTANT PLAN?q~DIRECTOR MEETING OF DECEMBER 9, 2003 CITY INITIATED REZONINGS FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) ASSOCIATED WITH THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. The proposed rezonings from RM (Medium Density Residential) to GC (General Commercial) are in response to the redevelopment scenarios outlined in the Southwest Area Neighborhood Redevelopment Plan adopted by the City Commission on June 3, 2003. The Redevelopment Plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The plan also cells for redevelopment of properties along SW 5th Avenue, south of SW 1st Street, and the area west of SW 4th Avenue, north of SW 1st Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) of the associated FLUM amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the properties in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are scheduled for second reading at the January 6th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and Rezonings. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend to the City Commission approval of the proposed FLUM Amendments from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from RM (Medium Density Residential) to GC (General Commercial) for the following: · Area A: Ten (10) parcels Ioceted approximately 400' south of West Atlantic Avenue, between SW 8t~ Avenue and SW 12th Avenue (1.65 acres); · Area B: Eight (8) parcels located on the east and west sides of SW 5~h Avenue, south of SW 1st Street (1.46 acres); · Area C: Fourteen (14) parcels Ioceted at the northwest corner of SW 4th Avenue and SW 1st Street (1.34 acres). By motion, approve on first reading the ordinance for the proposed rezonings from RM (Medium Density Residential) to GC (General Commercial) based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan, and set a public hearing date of January 6, 2004. Attachments: P & Z Staff Report of July 21,2003 & Proposed Ordinance ~ ~,.,~., '~ ORDINANCE NO. 50-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN PARCELS OF LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SOUTHWEST NEIGHBORHOOD REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED SOUTH OF WEST ATLANTIC AVENUE (AND NORTH OF NWIsT STREET) BETWEEN SW 8TM AVENUE AND SW 12TM AVENUE; EAST AND WEST SIDES OF SW 5TM AVENUE, SOUTH OF SW 1st STREET; AND, THE NORTHWEST CORNER OF SW 1St STREET AND SW 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. WHEREAS, the Southwest Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003; and WHEREAS, a portion of the Southwest Neighborhood Redevelopment Plan requires the assignment of appropriate Future Land Use Map designations and zonings for certain properties in the area; and WHEREAS, the properties hereinafter described are shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 5 to 0 to recommend that the properties hereinafter described be rezoned, based upon positive findings; and WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the rezonings as set forth herein for numerous lots under various ownerships within the Southwest Neighborhood Redevelopment Area; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Lots 14-16, inclusive and Lots 23-25, inclusive, Block 5; and Lots 16 & 25, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; Lots 11 & 20, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 9-11, inclusive, Block 22; and Lots 1-3, inclusive Block 30, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; and Together with; Lots 14-27, inclusive, Block 29, Re-Subdivision of Blocks 29 and 37, a Subdivision in Palm Beach County, Florida as per the plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD NO. 50-03 Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 20-03, under which official land use designation of GC (General Commercial) is affixed to the subject parcels hereinabove described in furtherance of the Southwest Neighborhood Redevelopment Plan. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading 3 ORD NO. 50-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 ~V. A. (3.c.) Transmittal Headng for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Southwest Neighborhood Redevelopment Plan. GENERAL DATA: Owner ........................................... City Initiated Location ........................................ South of West Atlantic Avenue (and north of NWIst Street), between SW 8th Avenue and SW 12~ Avenue; East and West sides of SW 5t~ Avenue, South of SW 1st Street; and, Northwest Comer of SW 1st Street and SW 4~h Avenue. Property Size ................................. 4.45 Acres Future Land Use Map .................... MD (Medium Density Residential, 5-12 Units/Acre) Proposed FLUM ............................ GC (General Commercial) Current Zoning .............................. RM (Multiple Family Residential - Medium Density) Proposed Zoning ........................... GC (General Commercial) Adjacent Zoning .................. North: GC (General Commercial) East: MD (Medium Density Residential, 5-12 Units/Acre) South: MD (Medium Density Residential, 5-12 Units/Acre) West: MD (Medium Density Residential, 5-12 Units/Acre) Existing Land Use ........................ Single Family Residential, Multiple Family Residential, & Vacant Water Service ............................... Available to all properties. Sewer Service ............................... Available to all prope~ies. IV. A. 13.c.I Planning and zoning Board St~.. report FLUM Amendment and Rezoning - South~vest Area Neighborhood Redevelopment Plan Page I The action before the Board is that of making a recommendation to the City Commission on proposed Future Land Use (FLUM) Amendments from MD (Medium Density Residential 5-12 du/ac to GC (General Commemial) and Rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) associated with the Southwest Area Neighborhood Redevelopment Plan. The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See attached Map): [] Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (1.65 acres); [] Area B: Eight (81 parcels located on the east and west sides of SW 5th Avenue,' south of SW 1s Street (1.46 acres). [] Area C: Fourteen (14) pamels located at the northwest corner of SW 4th Avenue and SW Ist Street (1.34 acres). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. This area is thgenerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The properties in question are located within the Southwest Area Neighborhood, which overlaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for significant redevelopment of. properties along SW 5m Avenue, south of SW 1st Street, and the area west of SW4u~ Avenue, north of SW Ist Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). Further, pursuant to the West Atlantic Avenue Redevelopment Plan .Development Planning and zoning Board St~,, report FLUM Amendment and Rezoning - South~vest Area Neighborhood Redevelopment Plan Page 2 Opportunities Section, the following is stated regarding the area at the northwest corner of SW 4th Avenue and SW 1st Street (Block 29): "An opportunity also exists for the future rezoning of the rear portion of the block on SW 4th Avenue to commercial. This small area, located between the Police Station on the east side and the commercial area on the west may be better suited for commercial uses." REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval Of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commercial) and the proposed rezoning to GC (General Commercial) is consistent with this FLUM designation. These changes will accommodate mixed-use development with a potential for increased residential densities to a maximum of 30 units per acre subject to conditional use approval. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A.1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need.-- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a Planning and zoning Board St~ report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 3 comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Southwest Area Neighborhood Redevelopment Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill proposed Future Land Use Element Policy C-1.7, which is being adopted as part .of the City's comprehensive plan Amendment 2003-2, and states the following: Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 1~h Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas sen/e to define potential boundaries for the phased implementation of the vadous plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. · Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan following adoption of Comprehensive Plan Amendment 2003 -2. · Concurrency - Development at the highest intensity possible under the requested designation can meet the ~dopted concurrency standards. The proposed FLUM and Zoning changes to GC will accommodate mixed use development as well as neighborhood odented commercial development consistent Planning and zoning Board St~.. report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan ,Page 4 with the adopted Neighborhood Redevelopment Plan. The highest intensity possible under the requested GC designation will be mixed use development consisting of commercial and residential uses at a maximum density of 30 units per acre. This scenario would allow a total of 133 units, which represents an increased residential development potential of 80 units over that currently allowed under the existing MD land use designation (4.45 acre X 12 u/a = 53). Pursuant to the description of the General Commercial land use designation within the Future Land Use Element of the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted for nonresidential uses in this area. This FAR is unlikely in this area given the land development requirements and its location adjacent to residential properties. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed GC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic is not an issue. The proposed 1.46 acre commemial area along SW 5~h Avenue, extending 200' south of SW 1st Street, is not located within the TCEA. However, the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts th'at the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties were anticipated with the adoption of the Southwest Areas Neighborhood Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan anticipthated rezoning of the properties at the northwest corner of SW 1st Street and SW 4 Avenue to commercial. The area at the northwest comer of SW 1st Street and SW 4~h Avenue abuts commercial property to the north and west and is adjacent to the City's police Station on the east. The property is also separated from the RM zoned property to the south by SW 1st Street and faces a City drainage retention area. The commemial properties which will extend 200' south of SW Ist Street have narrow depths, thus their development potential is limited. The FLUM amendment Planning and zoning Board St~., repor~ FLUM Amendment and Rezoning - South,/est Area Neighborhood Redevelopment Plan Page 5 for the properties between SW 8th Avenue and SW 12~ Avenue results in "squaring-o~ the GC zoned portion to a depth of 400' to better accommodate redevelopment. There are development regulations currently in place to mitigate any potential impacts with adjacent properties. Based upon the above, the proposed FLUM and zoning designations am compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), 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 on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: Planning and zoning Board St~,, report FLUM Amendment and Rezoning - South~vest Area Neighborhood Redevelopment Plan Page 6 (O) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, thers are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin.q Findin.cls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: , The proposed rezonings are required to implement the provisions of the Southwest Area Neighborhood Redevelopment Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Planning and zoning Board S~., report FLUM Amendment and Rezoning - South~vest Area Neighborhood Redevelopment Plan Page 7 Community Redevelopment A.clency: At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and recommended approval of the FLUM amendments and rezonings to General Commercial (GC). Courtesy Notices: Special courtesy notices were provided to the following homeownem and civic associations: Atlantic Park Gardens · Ebonyof Delray · Lincoln Park · Delray Memhants Association · PROD (Progressive Residents of Delray) · Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Bo Recommend to the City Commission approval of FLUM Amendments and Rezoning to the subject pamels, based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to Planning and zoning Board S,~., report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 8 fulfill one of the basis for which a FLUM amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendment from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commemial) for the following: Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12~ Avenue (1.65 acres); n Area B: Eight (8) parcels located on the east and west sides of SW 5~h Avenue, south of SW ls~Street (1.46 acres); Area C: FoUrteen (14) parcels located at the northwest comer of SW 4th Avenue and SW Ist Street (1.34 acres); based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Proposed Future Land Use Map Amendments · Proposed Rezonings 0 uJ 0 Z t.~