04-20-04 Agenda RegCity of Delray Beach
Regular Commission Meeting
Tuesday, April 20. 2004
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City HaH
100 NW lat Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULF~ FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three m/nutea or less. The Mayor or
pres/ding officer has discret/on to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sigu in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shE1 be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is//ranted
by a majority vote of the Commission 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, 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.
ROLL CAt.t.,
INVOCATION.
PLEDGE OF .At.t.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
Municipal Clerk's Week - May 2-8, 2004
Delray Beach Church of God - 75m Anniversary
PRESENTATIONS:
"Spotlight on Education" - S.D. Spady Elementary School Modernization, Jose
Murguido, A1A Zyscovich Architects
City of Delmy Beach Residents' Academy Certificates -Janet Meeks
Preliminary Site Plan for Catherine Strong Center -Joe Weldon
CONSENT AGENDA: City Manager Recommends Approval.
GRANTING OF REVISED UTILITY EASEMENT DEED/FLORIDA
POWER AND LIGHT: Approve a revised utility easement granting to Florida Power
and Light the means to install/maintain an underground power line on City owned
property as a result of the construction of the parking garage and library.
ACCEPTANCE OF HOLD HARMLESS AGREEMENT; Approve and accept a
hold harmless agreement between the City and Kurt Peterson for the installation of a
fence within a public right-of-way.
BEACH PERFORMANCE MONITORING STUDY: Approve a contract
between the City of Delray Beach and Coastal Planning & Engineering, Inc. in an
amount not to exceed $33,404.00 for the 24-month Post-Construction Beach and
Offshore Performance Monitoring Study. Funding is available from 332-0000-337-
31.00 (Intergovernmental Revenue/Beach Renourishment Grant Fund).
AMENDMENT NO. 1/SURVEYING SERVICES AGREEMENT/AVIROM &
I · Approve Amendment No. 1 to the surveying services
agreement between the City of Delray Beach and Avirom & Associates, Inc. providing
for a five (5) percent increase of their hourly rates.
SPECIAL EVENT REOUEST/AVDA $K WALK'- Approve a special event request
to allow the 6~ Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walk/Run
to be held on Saturday, October 2, 2004 from 7:30 a.m. until approximately noon,
including temporary use permit per LDR Section 2.3.6(tt) for the use of Anchor Park
and City right-of-way along Ocean Boulevard from Casurina to George Bush
Boulevard, waiver of parking meter fees, and staff support for traffic control,
barricading, signage, trash pick up/removal, and set up/use of the small stage;
contingent on the sponsor providing liability insurance and a hold harmless agreement.
SPECIAL EVENT REOUEST/7TM ANNUAL DOWNTOWN DELRAY
CRAFT ~ Approve a special event request for the 7th Annual Downtown
Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 29 and
May 30, 2004, granting a temporary use permit per LDR Section 2.4.60-1) for use of City
right-of-way on Pineapple Grove Way from the north side of N.E. 1st Street to the
south side of N.E. 4m Street; and to authorize staff support for security/traffic control,
waiver to allow event signage to be installed one week prior to event with event sponsor
paying all overtime costs; contingent upon receipt of certificate of liability insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 12, 2004 through April 16, 2004.
AWARD OF BIDS AND CONTRACTS:
Bid award to various vendors for the purchase of gasoline and diesel fuel via the
Palm Beach County Co-op Bid #02145A at an estimated annual cost of
$546,513.70. Funding is available from 445-4714-572-52.11 (Golf Course
Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501-
3311-591-52.51 (Central Garage Inventory/Fuel) (2004-2005 Budget).
Contract renewal via Veto Beach Bid #97-41 with G&K Services for uniform
rental at an estimated annual cost of $55,380.00. Funding is awihble from
various departments' operating expense budget.
PALM BEACH COUNTY AGREEMENT/DAVIS CUP: Approve an agreement
with the Palm Beach County Board of County Commissioners for the reimbursement
of funds to the City in an amount up to $40,000.00 for expenses incurred by the City
for the Davis Cup.
AMENDMENT/TICKETMASTER L.L.C. AGREEMENT/DAVIS CUp;
Approve an amendment to the Ticketmaster Agreement between the City and
Ticketmaster L.L.C. to provide that all proceeds received from the Davis Cup ticket
sales shall be paid directly to the United States Tennis Association (USTA) Davis Cup
box office.
04-2O-2004
REGULAR AGENDA:
ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND
TENNIS FACILITIES: Consider approval of proposed performance measures for
FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
facilities.
CONTRACT AWARDS/PROFESSIONAL CONSULTING SERVICES:
Consider approval of contract awards for professional consulting services to Kimley-
Horn, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc., and Robert
G. Currie Partnership for design of parks improvement projects funded by the Parks &
Recreation Bond Program.
PARKS BOND PRO_IECTS STATUS REPORT; Review status of Parks and
Recreation Bond Issue projects.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/EXPANSION OF OLD SCHOOL SOI, IARE; Consider approval of an
interlocal agreement between the City and the Community Redevelopment Agency
(CRA) for the expansion of Old School Square to include land acquisition, parking
garage, and the downtown park.
CONSULTING AGREEMENT/TETRA TECH WHS: Consider approval of a
consulting agreement between the City and Tetra Tech WHS in an mount of
$16,600.00 for a needs and priorities assessment for the Western Community Center
and Pompey Park expansion projects funded by the Parks & Recreation Bond Program.
Funding is available from 380-4150-572-62.58 (2004 Parks and Recreation Bond
Construction Fund).
AMENDMENT NO. 2 TO THE SOLID WASTE FRANCHIgR
AGREEMENT/SETTLEMENT OF LAWSUIT WITH SOUTHERN WASTE
SYSTEMS: Consider approval of Amendment No. 2 to the Solid Waste Franchise
Agreement with Waste Management, Inc. of Florida (WM) to provide that WM may
subcontract a portion of the construction and demolition (C&D) roll off business to
Southern Waste Systems (SWS); and provides that WM shall indemnify, defend, and
hold harmless the City from any other claims challenging the City's fights to franchise
C&D during the term of the agreement, and approve settlement of the lawsuit.
10.
11.
12.
13.
PUBLIC HEARINGS:
ORDINANCE NO. 21o04 .(FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Section 1.4.1,
"Interpretation of Land Development Regulations; Subsection 2.4.3(G), "Architectural
Elevations"; Subsection 4.3.3(O), "Townhouses and Townhouse Type of
Development"; Subsection 4.3.4(J)(4), "Increases to Height Regulations"; and (IQ,
"Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and
(G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations";
Subsection 4.4.13(A), "Purpose and Intent"; and (F), "Development Standards"; and
(G), "Supplemental District Regulations"; and (I), "Performance Standards"; Subsection
4.4.24(A), "Purpose and Intent"; and (fi), "Development Standards"; Subsection
4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and
Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Dekay
Beach Master Plan. If passed, a second public heating will be scheduled for May 4,
2004.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 27-04: An ordinance amending Chapter 35, "Employees Policies
and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section
35.097, "Retirement Income; Basis Amount and Payment", to clarify the optional forms
of benefit. If passed, a public hearing will be scheduled for May 4, 2004.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
PO8TED: APRIL 16, 2004
04-20-2004
CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - TUESDAY~ APRIL 20~ 2004
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA:
9.Go
DELRAY BEACH HOUSING AUTHORITY/CARVER ESTATES: Consider
approval of a letter, to be signed by Mayor Perlman, to the Delray Beach Housing
Authority supporting their efforts to obtain federal funds for dealing with the
structural deficiencies at Carver Estates.
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.
[ITY DF DELRI:IY BEACH
DELRAYBEACH
100 N W 1st AVENUE
DELRAY BEACH FLORIDA 33444
AII-AmerlcaCity
1993
2001 April 19, 2004
Dawn Guzzetta, Chairman
Delray Beach Housing Authority
770 SW 12th Terrace
Delray Beach, FL 33444
Subject: Redevelopment of Carver Estates
Dear Mrs. Guzzetta;
This is to confirm our intention to assist the Delray Beach Housing Authority in its
efforts to address the problems identified by the Engineering study of Carver Estates, the
city's public housing complex. We understand that you have spoken with Congressman
Alcee Hasting's office and the Congressman is committed to helping achieve a solution
to the challenges the Authority faces in financing such efforts. Please accept this as the
City of Delray Beach's commitment to participate in the financial solution, if necessary,
once the full extent of the financial need has been identified.
We recognize the significance of the situation and will work with you and your Board
towards a positive outcome. Since you have not received the final report from your
engineers, we understand final costs for redevelopment are unknown. Please keep us
informed as you proceed with planning activities.
56%'243 7000
Sincerely,
Jeff Perlman
Mayor
THE EFFORT ALWAYS MATTERS
WHEREAS, the office of the Municipal Clerk, a time honored and vital part
of local government exists throughout the world; and
WHEREAS, the office of the Municipal Clerk is the oldest among public
servants; and
WHEREAS, the office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies and agencies of government at other
levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their
nentrality and impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on
functions of local government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration
of the affairs of the Office of the Municipal Clerk through participation in education
programs, seminars, workshops, and the annual meetings of their state, province,
county and international professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of
the Office of the Municipal Clerk.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay
Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2, 2004
through May 8, 2004 as
MUNICIPAL CLERKS w~£K
in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Barbara
Garito, and to all Municipal Clerks for the vital services they perform and their
exemplary dedication to the communities they represent.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 202 day of April,
2004.
JEFF PERLMAN
MAYOR
I I M C N E W S D ~ G E S T
IIMC has designated May 2 - May 8, 2004 as Municipal
Clerks Week. Initiated in 1969 and sponsored by IIMC,
Municipal Clerks Week recognizes the important role of
Municipal Clerks in local government, and their contributions
in servicing their communities and educating the public on the
significance of their roles.
In a letter saluting Municipal Clerks Week, President Bill
Clinton said, "Municipal Clerks play a vital role in our democ-
racy. Offering their finely tuned skills to the process of
American government, Clerks help to administer the laws and
services that directly affect the daily lives of our citizens. More
than that, these dedicated professionals play an instrumental
role in maintaining the efficiency and effectiveness of the entire
public sector. It is fitting that we pause to recognize those who
work every day to keep every level of government running
smoothly."
To promote this event, Municipal Clerks can notify their
local news media, municipal employees, civic service organiza-
tions, business and professional groups, school districts, citizen
volunteer groups and the general public about Municipal Clerks
Week.
In the past, many municipalities celebrated Municipal
Clerks Week with mayors and by sponsoring essay contests and
student government days. Other creative suggestions includ
disseminating news releases bulletin board displays, open horn
es and tours, sponsoring community picnics or sporting event~
videotapes and school field trips.
IIMC offers a 5-minute promotional video, Partners ~
Democrac3 illustrating some of the basic functions most Cit
Clerks play in their communities. You can use the video to:
· Inform citizens about the Municipal Clerks' role in local
government through local high schools or cable television
spots.
· Inform colleagues in local government about the Clerks'
profession and the contributions a professional Clerk mak,
to good government.
For $9.95 (includes S/H), you can purchase this video t
calling IIMC HQ at 909/944-4162.
A press kit to help promote Municipal Clerks Week is avai
able on request from IIMC HQ. It contains a fact sheet, chec]
list, I1MC President's letter, sample proclamation (see page 2~
news releases (radio and print), and addition support materi:
For more information, contact Chris Shalby, Editor at 909/94.
4162 or e-mail: chriss@iimc.com or go to www. iimc.com, cli,
IIMC Forms - Municipal Clerks Week. Prodamation.
www. iimc.com
Visit IIMC's Web Site for information on
· Education
· Certification
· Current and Future Conferences
· MCEF
· CMC and MMCA Scholarships,
Information and applications,
· Quill Awards
· Sponsorships
· Resource Center
· Merchandise
· Exhibit Opportunities
· Member Services
· Job Bank
For information on how to place an
employment ad in the News Digest and
web site, contact Chris Shalby, Editor, at
chriss@iimc.com or 909/944-4162
22 MARCH 2(
I I M C N E W S g I G E S T
Proclamation
Municipal Clerks Ween
May 2 through May 8, 2004
Whereas, The Office of the Municipal Clerk, a time honored and vital part of local
government exists throughout the world, and
Whereas, The Office of the Municipal Clerk is the oldest among public servants, and
Whereas, The Office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels, and
Whereas, Municipal Clerks have pledgea to be ever mindful of their neutrality and
impartiality, rendering equal service to all.
Whereas, The Municipal Clerk serves as the information center on functions of local
government and community.
Whereas, Municipal Clerks continually strive to improve the administration of the affairs
of the Office of the Municipal Clerk through participation in education programs, seminars,
workshops aha the annual meetings of their state, province, county and international
professional organizations.
Whereas, It is most appropriate that we recognize the accomplishments of the Office of
the Municipal Clerk.
Now, Therefore, I, , Mayor of ,
do recognize the week of May 2 through May 8, 200~t, as Municipal Cler~ Week, ana
further extend appreciation to our Municipal Clerk, and to
all Municipal Elerlcs for the vital services they perform and their exemplary dedication to
the communities they represent.
Dated this day
of
2004
Mayor
Attest:
MARCH 2004 23
WHEREAS, the year 2004 marks the 75a' Anniversary of the Delray Beach Church of God;
and
WHEREAS, a Pentecostal preacher named Reverend LN. Qnince, Sr. came to town early
in the last century and the first Holiness Church in Dehray Beach was formed; and
WHEREAS, Reverend Quince, Sr. pastored a mission and they were holding noon day
prayer services in a house and Shirley, an eight year old htfle girl, liked to go to the prayer meetings;
and
WHEREAS, at the time, Americans and Baharmans didn't mix; and
WHEREAS, Shirley's parents were Babnmians, and told Shirley to stop going to those
meetings, but Shirley didn't stop. She accepted the Lord and witnessed to her parents, Ethel and
Theodore Mackey; and
WHEREAS, Ethel and Theodore Mackey felt this was good and told some of their
relatives, Susie Russell and Malvenia Cloe Thompson. They decided to start a mission on thek own,
and were soon joined by Julie and Davis Simms and Evelyn and George McDonald who were
Americans; and their mission became spiritually strong; and
WHEREAS, a white minister came from Cleveland, Tennessee, recognized die strength of
this group of believers and the Delxay Beach Church of God was set in order on January 1, 1929;
and
WHEREAS, in 1934 a young widow named Lillian Rolle and her two daughters, Vera and
Mary, transferred their membership from West Palm Beach and joined the group; and
WHEREAS, resources were pooled to acquire property where the Delray Beach Church of
God sits today and a small frame building was built; and
WHEREAS, Bishop H.G. Poitier who pastored the church two times, later served as a
Church of God leader at the state and national level; and
WHEREAS, on March 21, 2004, the Delray Beach Church of God celebrated its 75~'
Anniversary.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on
behalf of the City Comrmssion, and all of die citizens of Delray Beach do hereby recognize
DELRAY BEACH CHURCH OF GOD
on its 75th Anniversary in the City of Delray Beach, Florida, and congratulate their commitment to
outstanding service and support to the community.
IN WITNESS aOFHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 20~' day of April, 2004
JEFF PERLMAN
MAYOR
£1T¥ DF ELBI:I¥ BEI:IrH
DELRAY BEACH
AII-Anerlc;Clty
1993
2001
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David Harden
City Manager
Joe Weldon
Director of Parks and Recreation
Catherine Strong Site Plan
April 9, 2004
Attached please find an agenda request for presentation of the Catherine
Strong site plan to City Commission for their consideration on April 20,
2004.
We have previously reviewed the site plan with Mary O'Connor of the Boys
and Girls Club, Joe Gray of the Village Foundation and the Southwest
Presidents Association.
J~Weldon
Di~ctor of Parks and Recreation
Attachments
cc: Carolanne Kucmerowski
Agenda Coordinator
JW:cp
Ref:dhcathstr
THE EFFORT ALWAYS MATTERS
Date: April 9, 2004
AGENDA ITEM NUMBER: ~ 0..._
AGENDA REQUEST
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda
When: April 20, 2004
Description of Agenda Item (who, what, where, how much):
preliminary site plan for Catherine Strong Center.
Special Agenda
Presentation of
DepartmentHea~ ~ -~ c (~
Si. gnature: ( .~ ~--/~_~
C~ty Attorney R~,~iewfRecornmendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~/ No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
r'lT¥ OF DELRn¥ BEII£H
C:ITY ATTORNEY'S OFFI(:E
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: April 16, 2004
Writer's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David Hardener
Brian Shutt, Assistant City Attorney
SUBJECT: Grantinq of Easement Deed to FPL
This item had previously been approved by you on Mamh 11, 2004. However, the
legal description that was attached to the FPL easement deed included property
that was owned by the CRA. We have attached a revised legal description to this
easement deed that only includes City owned property. The easement deed
grants to FPL the means to install/maintain an underground power line.
Please place this item on the April 20, 2004 City Commission agenda for
acceptance.
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Work Request No. __
Sec._, Twp -- S, Rge _ E
Parcel I.D.
From 3722 (Sto~ Rev. 7/94
EASEMENT
~ Indnm~e~ Prepered By
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receil~ of which is hereby
acknowledged, grant and give to Florida Power & Lig.ht.Compa.ny, ..its
licensees, agents, successors, and assigns, an easement rorever rot tne
construction, operation and maintenance of overhead and und.e~roun~.
electrfc utility facilities (including wires, pales, guys, cables, conouits a.no
appurtenant equipment) to be installed from time to time; with the right to
reconstruct, improve, add to, enlaq~e change the voltage, as well as, the
size of and remove such facilities or any of them with n an easement
feet in width dascdbed as follows:
See Exhibit "A"
Together ?lth t.he., rlQ..ht, to.permlt any nt. her..parson, firm.pr corpora, fi. 'on to atta,c~__~_? to any faci.l[ti_as~_h.?e_u.?_r._a__nd_l_a~
cable ana conault w~nln tne easement ana to operme tne same TOt comm..umcaaons I~U..rp~x. ses; [ne ngm m Iflgm.=~ ?.flu
egress to said promises at all times; th.e .right to .clea.r the. land a.n.d keep it cJ. ea.red..ot, all.trans,_u.ndeq}rowth .ana otner
obstructions within the easement area; to mm ann cut a. na Keep t.n. mmea ana cut afl.oeaa, weaK, lea~ng or oa.nge.rous
trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems eT com. munlcauons
or power transmission or distxibution; and ~rther grant.s., to t. he f.u. llest extent the unde.rsigned has the power to grant, if at
al the dghts neroinabove grant.ed, on the land heretotore Qescrioea, over, along, unQer and across the roads, streets or
h ghways adjoining or through saia property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument off ,20_.
Signed, sealed and delivered in the presence of: City of De_lraY Beach, Florida
Print Name:
By:.
Print Name:
Print ~d~s:
Print Name:
Attes~
Print Name:
Print Address:
Mayor
Jeff Perlman
100 N.W. 1st Avenue
Delray Beach, FL
City Cierk
(Corporate ,Seal)
STATE OF
th~
known to me or have produced
~)
AND COUNTY OF . The foregoing instrument was acknowledged before me
day of 20._, by , and
respectively the President and Secreta~j of
, a corporation, on behalf of said corporation, who ara personally
as identification, and who did (did not) take an oath. cryp~ of
ApProved as to form and
legal sufficiency:
By: ~ t,~ ~
~. City Attorney
N~my PL~C,
Print Name
SKETCH & DESCRIPTION FOR:
UTILITY EASEMENT
IEXHIBIT 'A 'l
LAND DESCRIPTION:
A portion of that 16 foot alley lying between Lots 1 through 4 and Lots 5 and 11, Block 5:5, MAP OF THE TOWN OF
LINTON (now known os Delroy), according fo the mop or plot thereof as recorded in Plat Book 1, Page :5 of the Public
Records of Palm Beach County, Florida, described os follows:
COMMENCE at the southwest corner of said Block 5:5; thence NOO°OO'47"E, along the west line of said Block
a distance of 448.:52 feet to the southwest corner of said 16 foot alley and fo the POINT OF BEGINNING; thence
continue NOO°OO'47"E, along the west line of said alley, 16.00 feet fo the north line of said alley; thence S89°09':50"E,
along said north line, 24.00 feet; thence S00°00'47'W, 6.00 feet; thence S89°09':50"E, along a line 10.00 feet north
of and parallel with the south line of said 16 foot alley, 245.98 feet; thence NOO°O1'27"W, 6.00 feet to the north line
of said 16 foot alley; thence S89°09'30'E, along said north line, 12.00 to an intersection with a line lying 5.00 feet west
of and parallel with the east line of said Block 5:5; thence S00°01'27'E, along said parallel line, 16.00 feet fo the south
line of said 16 foot alley; thence N89°Og':50"W, along said south line, 282.00 feet to the POINT OF BEGINNING.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida and containing 3,0:56 square feet, more or less.
NOTES:
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed
surveyor and mapper.
2. No Title Opinion or Abstract fo the subject property has been provided. If is possible that there are Deeds, Easements,
or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records
has been made by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Bearings shown hereon are assumed based on the west line of Block 5:5, having a bearing of NOO°OO'47"E.
5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey.
6. Abbreviation Legend: /~ = Central Angle; L = Arc Length; L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm
Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of
Commencement; R = Radius; R/W = Right-of-Way.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described proper,y is true and correct fo
the best of my knowledge and belief os prepared under my direction. I FURTHER CERTIFY that this Sketch and
Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant
to Section 472.02_7, Florida Statutes.
_, ....
MICHAEL D. AVIROM, P.L.S.
Florida Registration No. 3268
AVIROM &: ASSOCIATES, INC.
L.B. No. 3300
REVISIONS
AVIROM &:ASSOCIATES, INC.
SURVEYING & MAPPING
80 8.W. 2ND AVF-NUE, 8MITE 102
130OA RATON. FLORIDA 33482
TEL. (561) 382-2884, FAX (881) 884-7'125
dOB NO. 731:5-3A
SCALE: N/A
DATE: 04/06/04
DRAWN BY: M.M.K.
SHEET: 1 OF: 2
SKETCH & DESCRIPTION FOR.-
UTILITY £ASEMENT
[EXHIBIT
P.O.B.
S.W. CORNER
16' ALLEY
WEST ATLANTIC AVENUE
(STATE ROAD 806)
f
EXISTING R/W LINE-~
PROPOSED R/W LINE-
LOT 1 LOT 2
UTILITY EASEMENT-
_~.L~._i__. I sas 09 ~o-E I
I ~ ~9°~'30"W f
T
LOT 3
M OF TOWN OF LINTON
(P.B. 1, PG. 3, P.B.C.R.)
P.O.C.
S.W. CORNER
BLOCK 53
\
LOT 4
NO0°O 1' 27"W
· . 245.98' I '1~
282.00'
LOT 11
8.W. 1st STREET
REVISIONS
AVIROM &AS$OCIATEE$, INC.
SURVEYING & MAPPING
80 8.W. 2ND AVI~NUI~, SUITE 102
BOOA RATON, FLORIDA 83432
TEL, (~1) 392-2594, FAX (~1) 394-7128
12.00'
S~°Ol° 2T"E
16o00'
NO. 7313-3A
;CALE: 1"= 60'
DATE: 04/06/04
DRAWN BY: M.M.K.
SHEET: 2 OF: 2
[IT¥ DF DELRR¥ BER[H
CiTY ATTORNEY'S OFFICE 2°° Nw ,,t AVENUE. DEL.A'~.EAC., ~LO.tDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: April 14, 2004
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David T. Harden,CityManager
Bdan Shutt, Assistant City Attorney
SUBJECT: Hold HarmlessA.qreement
Mr. Peterson owns property at the SW corner of N.E. 7th Street and N.E. 8th
Avenue and wishes to construct a fence in the alley located along the west side of
the property. The City Engineer is ok with this request. Please see the attached
memo from Nguyen Tran.
In order to install the fence in the public right-of-way the City requires the person to
enter into a h old h armless agreement. The hold harmless agreement provides
that Mr. Peterson shall defend, indemnify and hold harmless the City for any claim
filed against the City as a result of the construction of the fence in the alley.
Please place this item on the April 20, 2004 City Commission agenda. Please call
if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Nguyen Tran, Senior Planner
Randal Krejcarek, City Engineer
City Of Delray Beach
PI. AIVNIN~ AND ZONIN~ DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
Re.'
Brian Shutt, Assistant City Attorney
Nguyen Tran, Senior Planner *~
April 13, 2004
Hold Harmless Agreement
Bdan,
Attached, please find an executed Hold Harmless Agreement for a property located at the
Southwest comer of N.E. 7 Street and N.E. 8~h Avenue. Mr. Peterson would like to install a
fence within the alley right-of-way. This alleyway is a good candidate for abandonment as soon
as the City removes a small 2" water main within the southern portion of this alleyway. Mr.
Peterson has already spoken with Public Works regarding the removal of any mains and they
had informed him that they need to put it in the Capital Improvements Program to do so. Until
this time, we cannot abandon this unimproved alleyway. Randal had indicated that a hold
harmless is fine with ESD.
The entire 16' of alley right-of-way was dedicated from the east half of the block (Mr. Peterson's
side) with the recordation of Hoffman's 8th Avenue Addition; therefore, if and when the alley is
abandoned, the 'ess,: half would be entitled to the entire 16'. That is the reason for the fence
encompassing the entire 16' of alleyway adjacent to Mr. Peterson's property (Lot 1).
Please check this agreement over and place on the next City Commission Agenda if everything
looks good.
Sincerely,
nt
RECEIVED
CITYATTORNEY
HOLD HARMLESS AGREEMENT FOR STRUCTURES
WITHIN THE PUBLIC RIGHT-OF-WAY
THIS
municipal corporation (hereinaRer referred to as "CITY") and
(hereinafter referred to as "OWNER(s)").
HOLD HARMLESS AGREEMENT, is entered into this ] ~-~ day of
· 200ff by and between the CITY OF DELRAY BEACH, a Florida
WITNESSETH:
Exhibit "A".
4.
WHEREAS, OWNER owns property described and shown on Exhibit "A", and has
requested the CITY to allow for the installation of a /C~r} r~ within the public right-
of-way. The structure will extend I~;n~/~]/e~/e Z 3.~]~'"_r/4]/t..y into the public fight-of-way
and is more particularly descfihed in Exhibit "A".
NOW, TI~EREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. OWNER owns the property which is legally described as follows:
See Exhibit "A" attached hereto.
That CITY maintains public utilities within the public right-of-way as shown on
OWNER shall construct the structure in the location as generally shown on
Exhibit "A". However, in no event shall any portion of the structure be constructed any closer
than five (5) feet in proximity to the CITY'S public utilities located in the public right-of-way.
5. OWNER, on behalf of himselffherself, his/ber successors, heirs, and assigns,
acknowledge that the CITY shall assume no responsibility for the structure which is being placed
within the public fight-of-way.
6. OWNER, his&er successors, heirs, and assigns, in consideration of the mutual
promises contained herein and other good and valuable consideration, agree to hold harmless the
CITY, its agents, officers, employees and servants fi'om any damage to the structure and other
related improvements which will be placed within the public right-of-way. It is understood that
any cost for replacement of the structure and other related improvements shall be OWNER'S,
his/her successors, heirs and assigns responsibility and CITY will not be held liable for any
damage as a part of any maintenance or construction within the said public right-of-way.
OWNER, his/her successors, heirs, and assigns, in consideration of the mutual promises
contained herein and other good and valuable consideration, agree to defend, indemnify and hold
harmless the CITY, its agents, officers, employees and servants fi'om any claim, lawsuit or action
brought against the CITY as a result of the structure being placed within the public right-of-way.
7. The CITY or its agent, contractor or representative shall be allowed to access the
enclosed portion, if any, of the public right-of-way at any time.
8. OWN-ER shall remove the structure from the public right-of-way within twenty
(20) days of receiving notice fi'om the CITY requesting removal. If OWNER fails to remove the
structure, the CITY may remove the structure and bill the OWNER for the cost of such removal.
The CITY may request removal of the structure for any reason and in its sole discretion.
9. OWNER, his/her successors, heirs, and assigns, in consideration of the mutual
promises comained herein and other good and valuable consideration, further agree to hold
harmless, defend, or reimburse the CITY, for any damage that is caused to the CITY'S utilities
or public right-of-way as a result of the construction, maintenance or existence of the structure
located in the public fight-of-way.
10. The OWNER'S placement of the structure in the public right-of-way shall not in
any way be construed as a constructive abandonment by the CITY.
11. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
12. This agreement constitutes the entire agreement between CITY and OWNER and
may not be altered, amended, or modified except by an instrument in writing signed by the parties
to the agreement with all the same formalities as this agreement.
IN WITNESS Wit~REOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:.
City Clerk
Approved as to Form:
By:_
City Attorney
WITNESSES:
P~[nt l~ne: "~ ./-~ n,:.v g ~ ~:~,h 't-
STATE OF ~0 ~' ~0,~
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
OWNER:
t The foregoing instrument was acknowledged before me this //~q'~ay of
r~ g , 200_~ by ./~'. L,.~.d' /9-,'~-~r"3c/PN (name of person
acknowledging). -
Signature'ottl~tary Public - State of Flodda
Print, Type, or Stamp Commissioned Name~-
of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced: ~/¥r'". ~--~3~.
4
GEORGE
BUSH
7TH ST.
ACURA
OF
DELRA Y
BEA CH
~~L~WITHERSPOON LANE f
BOULEVARD
MARINA
ST. VINCENT'S
CHURCH D£LRA Y
WEDGE-
WOOD
CONDO
6TH
ST.
5TH ST,
SI.
N
CiTY OF OELR^Y BEACH, FL
PLANNING & ZONING DEPARTMENT
PETERSON RESIDENCE
LOT 1, HOFFMAN'S 8TH AVENUE ADDITION
TO:
THRU:
FROM:
SUBJECT:
DAVID T. ~i~ N,~NAG E R
PAUL DORLING, DIREC~TO~ OF PLANNING ~/~D ZONING
SCOTT D. PAPE, S 'ENIOR'I= ANNER~,~.._~
MEETING OF APRIL 20, 2004 ***CONSENT AGENDA***
AUTHORIZATION TO PROCEED WITH 24-MONTH
CONSTRUCTION BEACH AND OFFSHORE MONITORING
TASK.
POST
SURVEY
The Department of Environmental Protection's permit for the 2002 Beach
Renourishment Project requires that the City conduct topographic and hydrographic
surveys of the beach, dune and offshore area. These surveys will provide the required
data for monitoring the performance of the 2002 renourishment project and identify any
areas of accelerated erosion. The City's contractor Coastal Planning and Engineering
(CP&E) will gather data from both upland cross sections of the renourished beach taken
at designated points and continued offshore to a depth of 30'. The upland or dry portion
of the beach will be surveyed using a standard global position system. The new
hydrographic survey work will be performed utilizing a sled that is towed along the sea
floor. This data will be compared to the 2002 pre and post construction surveys which
establish the historical reference for the 2002 Beach Renourishment Project. From this
information the current rates of erosion and accretion are measured and the future
renourishment time table is established. The City is required to conduct the survey by
the end of April. Following completion of the survey, the corresponding report
summarizing the performance of the beach must be transmitted to the Department of
Environmental Protection by the end of July. The City has received a proposal from
Coastal Planning & Engineering, Inc. to conduct this task for $33,404.
Funds are available from the Beach Renourishment Fund and will be entirely
reimbursed by Federal, State, and County Agencies.
Authorize the 24-month post construction beach and offshore monitoring survey task in
an amount not to exceed $33,404.
Attachment:
Coastal Planning & Engineering beach and offshore survey proposal
s/planning&zonzoning/Iongrange/beach/beach survey-2004
COASTAL PLANNING & ENGINEERING, INC.
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
BIOLOGICAL STUDIES
GEOTECHNICA£ SERVICES
2481N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431
4819.19
(561) 391-8102 Fax: (561) 391-9116
Internet: htt p://www.coastalplanning,net
E-mail: mail@coastalplanning.net
March 17, 2004
Mr. Paul Dorling, AICP
Project Coordinator
City of Delray Beach
100 N.W. Ist Avenue
Delray Beach, FL 33444
Re:
Permit No. 0178582-001-JC - City of Delray Beach, Delray Beach 2002 Beach
Renourishment Project; Proposal for 24-Month (2004) Post-Construction Beach and
Offshore Monitoring Survey
Dear Mr. Dorling:
This is a proposal to conduct the 24-month (2-year) post-construction beach and offshore
monitoring survey for the 2002 Delray Beach Renourishment Project, as required by the
Department of Environmental Protection (DEP) permit.
The DEP Permit No. 0178582-001-JC, Specific Condition 3 (Monitoring Required), requires
topographic and hydrographic surveys of the beach, dune and offshore area. The surveys
provide the required data for monitoring the performance of the renourishment project.
The proposed monitoring study will provide the required information to assess the beach
performance and comply with the State of Florida requirements, as follows:
SCOPE OF SERVICES:
Dune~ Beach and Offshore Survey Profiles:
Beach profile cross-sections will be surveyed on eighteen (18) DEP beach monument
profile lines (R-175 to R-192). Each profile will be surveyed from the dune to the 30
foot offshore depth contour. Surveys will be conducted using the standards described
in the BBCS Statewide Coastal Monitoring Program, Regional Data Collection and
Processing Plan, Monitoring Plan Technical Specifications for Topographic and
Bathymetric Surveying (attached).
The survey of the beach and offshore area will be conducted in two phases. A
combination of GPS-RTK and standard survey techniques for measurement of
elevations will be employed to survey the "dry land" and nearshore portion of the
beach. Beach profile lines established approximately perpendicular to the shoreline at
each FDEP monument will be surveyed by a GPS-RTK unit over most of the beach
RECEIVED
MAR 2 3 200 ,
& ZONING
4819.19
March 17,2004
Page 2
from the monument offshore to a depth of 3 to 6 feet (NGVD). Standard survey
techniques will be used to supplement the GPS in regions where GPS signal is weak
or blocked.
A survey vessel will be used to perform the hydrographic portion of the survey on
every DEP line which will extend from the 3 to 6 foot depth to a depth of 30 feet
offshore along the profile line. The vessel will tow a hydrographic survey sled with
an RTK GPS antenna located at a fixed height.
The positioning of the vessel towing the sled will be known by the use of a
differential GPS system with _+. 3 feet of accuracy. Elevations will be collected by use
of the RTK mounted on the mast of the sea sled. The hydrographic survey depths
will be collected at approximately twenty-five foot intervals with final processed data
reflecting a maximum interval of fifty feet. The hydrographic survey will be
conducted using a survey launch (boat) with centrally mounted transducer. Vessel
navigation will be controlled by the Coastal Oceanographics "HYPACK" system.
Horizontal positioning checks will be conducted at the beginning and end of each day
using fixed objects or known control points to verified position.
B. Beach Volumetric and Shoreline Position Analysis:
The data obtained from the beach profile topographic and hydrographic surveys will
be reduced, plotted and compared to the 2002 pre and post-construction survey, the
2003 one-year post-construction survey, and to historical surveys. Volume changes
within the project area beach will be computed. The location of the mean high water
shoreline on each profile line will be determined and compared to its position in
previous surveys. This information will be used to provide an engineering
assessment of the performance of the 2002 beach renourishment project. Areas of
accelerated erosion will be identified from the survey data to monitor the extent of the
erosion progression into the beach.
C. Engineering Evaluation Report:
A report will be prepared summarizing the results of the study. We will provide two
copies of the report to the City; one copy to the Department of Environmental
Protection, and one copy to the U.S. Army Corps of Engineers.
The fee for the above described coastal engineering services is $33,404.
Thank you for the opportunity to continue to serve the City of Delray Beach. If you should have
any questions, please call me.
COASTAL PLANNING & ENGINEERING, INC.
4819.19
March 17,2004
Page 3
Sincerely,
Ric ~rd H. Spadoni
Seni )r Vice President
cc;
Jackie Thompson, DEP
Scott Pape, City of Delray Beach
Craig J. Kruempel, CPE
Jennifer Davis, CPE
F:\CPEX_Proposals~Palm Beach\Delray Beach\2004 beach surveys SOW.doc
COASTAL PLANNING & ENGINEERING, INC.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # <~t~ - REGULAR MEETING OF APRIL 20. 2004
AMENDMENT NO. 1/AVIROM & ASSOCIATES. INC.
DATE: APRIL 16, 2004
This is before the City Commission to approve Amendment No. 1 to the Surveying Services
Agreement between the City and Avirom & Associates, Inc. providing for a five (5) percent increase
of their hourly rates. Under Section VII(A)(2)(a) of the Surveying Services Agreement, Avirom &
Associates, Inc. may request an increase of hourly rates not to exceed 5% in a twelve month period.
The current agreement has been in effect s'mce December, 2001 and this is the first request for an
increase,
Recommend approval of Amendment No. 1 to the Surveying Services Agreement between the City
and Avirom & Associates, Inc. providing for a five (5) percent increase of their hourly rates.
S:\City Clerk\agenda memo~\ Amendment I .AVXr°rm04.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
David T. Harden, City Manager
Randal L. Krejcarek, P.E., City Engineer p~
15 April 2004
~vww.mydelraybeach.com
SUBJECT:
Amendment # 1 to the Agreement for Surveying Services
Avirom & Associates, Inc.
Agenda Item
The attached agenda item is a request from Avirom & Associates, Inc. to increase their hourly
rates charged under the above referenced Surveying Services Agreement. Pursuant to Section
VII(A)(2)(a) of the agreement, the consultant is allowed to request an increase of hourly rates not
to exceed 5% in a twelve month period. The current agreement with Avirom & Associates, Inc.
has been in effect since December 2001 and this is the first request for an increase to the hourly
rates. Attached, Exhibit "B" dated 3/11/04, reflecting the new rates for your review and approval.
Please place this on the 20 April 2004 Commission agenda.
Thank you.
Richard Hasko, P.E., Director of Env. Svcs.
Susan Ruby, City Attorney
City Clerk's Office
Agenda File, 04/20104
File
$:~EngAdmin~Projects~OO4t2004-OlgV-ETTERS~agnd memo Avirom rates 04.02.04. doc
OAVIROM & ASSOCIATES, INC.
March 11, 2004
VIA REGULAR MAIL
Mr. Randal L. Krejcarek, P.E.
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 37/.~.
RE: AGREEMENT FOR SURVEYING SERVICES
Dear Randal:
In accord with the above referenced Agreement for Surveying Services dated December
6, 2001, we would like to revise Exhibit "B" to reflect our new raw hourly salary rates.
Attached please find revised Exhibit "B" that will detail the changes.
Should you have any questions or require additional information, please do not hesitate
to contact mc.
Respectfully,
President
MDMIcm
Attachment
50 S.W, 2nd Avenue, Suite 102, Boca Raton, Florida 33432
(561) 392-2594 FAX (561) 394-7125
APR..'~'O~.(%~'~t "~' 10:48 AI/iROb{& A~,SOk,ATES ¢ iNC, T£L:$ol 394 ":~=~.~, :,= 002
Category
MIolqael Avlrom
Keith Oboe-A-Tow
John Doogan
Te~nlalan~
REVISED EXHIBIT E
Old Hourly Hourly Raw
Salarv Rate Salary Rate
50,00 52.50
39.63 41.61
36.63 41,61
21.00 22.05
Multiplier
3
Hourly Rate
157.50
124.83
124.83
66.15
Fl~ld Crew (;.man)
Fle~d Crew (amen)
21.50 22.05
13,00 19.65
21.~0 22.05
19,00 13,85
9,00 9.45
3
3
66.15
40.95
40,95
28.35
107.10
135.45
Revi,,e~f 3/111o4 &
Agenda Item No. <~
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda
Date: 15 April 2004
When: 20 April 2004
Description of item (who, what, where, how much): Approval/authorization for Mayor to execute
Amendment Number 1 to the aRreement for Surve¥inR Services with Avirom & Associates, Inc.,
dated 01 December 2001. Amendment Number 1 provides for a 5% increase in the cost of
professional surveyinR services charred by Avirom & Associates, Inc.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommen~l~proval .
Department head signature: (K~ .,~_~~;
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 N.A.
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~)/NO_~. ,~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Agenda file, 04/20/04
S:\EngAdmin'~Projects~004~004-019\LETTERS~agnd req Aviron Rate 04.20.04.doc
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
AGENDA ITEM CITY COMMISSION MEETING APRIL 20, 2004
SPECIAL EVENT REQUEST -AVDA 5K WALK/RUN
DATE: April 12, 2004
ACTION:
City Commission is requested to endorse the 6th Annual Aid to Victims of Domestic Abuse, Inc.
5K Walk/Run to be held on Saturday, October 2, 2004 from 7:30 a.m. until approximately noon,
to grant a temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and the
City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, to waive
parking meter fees, and to authorize staff assistance for providing traffic control, barricading,
signage, trash pick up and removal, and set up and use of the small stage. The event sponsor is
requesting a waiver of all overtime costs.
BACKGROUND:
Attached is a letter and permit we received from Pamela O'Brien, Executive Director for
AVDA, to hold their 6th Annual 5K Walk/Run on Saturday, October 2, 2004 with registration
beginning at 7:00 a.m. and the event to start at 7:30 a.m. The route requested is on A-1-A from
Casurina to George Bush Boulevard. AVDA volunteers will assist with marshals and will
provide assistance with clean up. The stage will be set up in the park on Friday. Last year's
overtime costs for this event were $23.00. However, last year they did a walk on the sidewalks
and there were no street closures. The estimated overtime costs for this year's event are $3,600
and stage rental is $540. Per event policies and procedures there is no charge for City services.
A budget, site plan, and 501(c) 3 certification for the event are attached.
RECOMMENDATION:
Staff recommends approval of the event, the temporary use permit, and the waiver of parking
fees. We also recommend authorization to provide staff assistance for traffic control,
barricading, signage, and clean up contingent on the sponsor providing the required liability
insurance and a hold harmless agreement.
RAB/tas
File:u:sweeney/events
Doc:Memo to DTH re AVDA 5K Walk 2004
AVDA
Aid to Victims of Domestic Abuse, Inc.
P.O. Box 667 Delray Beach, FL 33447-0667
Phone: 561-265-3797 · Fax: 561-265-2102
24-HOUR CRISIS HOTLINE 1-800-355-8547
March 19, 2004
Mr. Robert Barcinski
Assistant City Manager
City of Delray Beach
100 N.W. ist Avenue
De[ray Beach, FL 33444
Dear Mr. Barcinski:
Thank you for sending us the Event Apphcation. We have made a few changes from
our original plan and previous events. This year we are adding runners and wish to
request that AiA be closed. Please refer to our application and budget for details.
AVDA respectfully requests the City Commission endorse our 5K Run-Walk and
grant a temporary use permit for the use of Anchor Park and the northbound and
southbound AIA roadway. Registration would begin at 7:00 a.m. and the 5K Run-
Walk would start at 7:30 a.m. All activities will conclude at approximately 11:00,
and clean up should end by noon. Activities would include wellness exhibitors,
music and a Kid's Area with games and age appropriate activities. All refreshments,
including water, juice and bagels would be at no cost to participants.
Additionally, AVDA requests that fees for parking meters behind Anchor Park and
at Sandoway Park and all associated overtime costs be waived as previously
granted. AVDA will provide volunteers to assist with registration, cleanup and serve
as Marshals along the route. Capt. Craig Hartmann will be assisting with traffic
control. AVDA will also provide the required hability insurance naming the City of
Delray Beach as additional insured and execute a hold harmless agreement.
As in the past, we request a small stage be placed in front of the lifeguard station at
Anchor Park and would appreciate it if the costs associated with this be waived.
Proceeds from this event will be used to continue providing daily nutritious meals,
comprehensive case management, and crisis counseling and other qual/ty serv/ces
to homeless battered women and children.
On behalf of our Board of D/rectors, staff and the women and children who will benefit from your
supporL I thank you for taking this matter under advisement. I look forward to hearing from you soon
with a favorable response, ffyou have any questions, Lynn Keating, Event Coordinator, can be
reached at 265-3797, Ext. 102.
Sincerely,
for Pamela A. O~rien, Executive Director
City of Defray Beach
Special Event Permit
Application
PLEASE PRINT
2001
Event Name/'Rtle: AVDA's Community of Hope 5K Run/Walk
Event Date(e):
October 2, 2004, Saturday
Event Time(s):
7:30 am -12:00 noon (set-up 6:00 aaa)
Event Sponsor/Producer: Aid to Victims of Domestic Abuse, Inc.
Event Contact/Coordinator:
Name: Lynn Keating
Address: PO Box 667, Delray Beach, FL 33447
Telephone Number:. 561.265.3797, X 102
E-mail Addrass: Lkeating~tvda-fl.com Cellular Number. None
Event Descrintion/Purg~e: 5K Run/Walk for fsnn'lles. Event will have exhib/ts from
healthcare and wellrless groups and will include a ~'~]~' At'~a complete with ~o~mes. All
refreshments, including water, juice and bagels w~l be provided at no cost. The purpose
is to raise funds to continue providing cri.~s co~,nnelh~E, meals, comprehen_nive case
management and other services to homeless batwred ad,lt~ and children.
Sponsor Catego~j (please check) City
Co-Sponsor- Non-Proflt/Pli~ate ~
(If Non-pro.~t attach proof of 501 c(3) or
Event Location (Describe area boundaries of eveat/loca~):
Anchor Park northbound and southbound on A1A roadway. Walkers/runners would gather
at Anchor Park and travel northbound on AIA roadway to George Bush Blvd., turn around
and cont/nue walk/ng southbound on A1A roadway, returvg~g to Anchor Park. Th/s would
require AIA be closed from Anchor Park to George Bush Blvd. from 7:30 am -9:30 am_
Sits plan attached yes X
(Site plan required for entire event site)
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)
1
Event certificate of insurance attached yes
(Required two (2) weeks prforto event
naming the City as additional insumd,
also required for vendors)
Playing of amplified music yes X
(Waiver required) Radio Station
Requesting Police assistance (traffic
control/security) * voluateem
yes X *
Will supplement with private security
(If yes, nccd plan aJtached)
yes
Requesting Emergency Medical assistance yes
Requesting barricade assistance
yes X
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes X
Requesting stage use yes X
(If yes, check
Large stage covered __ Large stage no cover __ Small stage_ _
X
no X-will provide
no
no X
no X
no
no X
no
no
Half small stage_
Requesting signage yes
Type: Event sign Directional signs
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prforto event)
Food and beverage vendors
/lyes, ~ppro~dmc#e rmm~r
Health Department approval
Other vendors (Exhibitors only)
yes
yes
yes
Tents yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes
(~f yes, ty/~ m~/ location m~/ co/~ of liabil#y ir~ur~mce required)
Will the event be gated
(Show on-site map)
yes
no X
no X
no X
no X
no X
no X
no X
2
Will there be fireworks or other pyrotechnics
(If yes, contact Fire MarshalO
yes no X
Will there be cooking with compressed gas
(If yes, contact Fire Mar~halO
yes no X
Will you be providing port-a-lets for the event yes no X
(If yes, locate on-site map. If no, indicate how you will handle mstroom needs)
We will use public facilities at Anchor Park
Will there be a charge for the event (If yes,
indicate ticket prices)
yes no x
Is reserved paddng requested
(If yes, indicate locations)
Anchor Park meter fee waived 6:00 am -
12:00 noon and Sandoway Park from 7:00
am - 11:00. Addl. parking will be on AIA.
Event Contractor/Coordinator
Please print: L3mn Kcatin§
yes X no
Date: March 17, 2004
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33~.~.~,.
For Staff Use Onlty t
Date Received ..~ ]~-J0 ?
Site map~udget /
Certificate of insurance
Hold Harmless agreement.
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
Application fee received
. oO
TI
Aid to Victims of Domestic Abuse, Inc.
COMMUNITY OF HOPE
5K RUN/WALK 2004
REVENUE
Sponsomhips
Gold Sponsor
Silver Sponsom (4)
Bronze Sponsom (6)
Hope Sponsom (10)
Total Sponsorships
Actual in.Kind
$10,000.00
$6,000.00
$5,0O0.00
$21,000.00 $0.00
$21,000.00
Participant Donations: Anticipating 200 Participants
Corp. IO~g. Teams $2,500.00
School Teams $2,500.00
Individuals $3,500.00
Total Participant Donations
$8,500.00
$0.00
$8,500.00
Miscellaneous Donations
No Sweat Donations
General Donations
Total Miscellaneous Donations
TOTAL REVENUES
$500.00
$250.00
$750.00
$0.00
$780.00
$30~250.00
EXPENSES
Beverages & Ice $0.00
Decorations $150.00
Fire/Rescue $300.00
Food $6.00
Miscellaneous $200.00
Postage $350.00
City Services $600.00
Pdnting - Registration Form $0.00
Printing - Signs $205.00
Printing - Tshirts $1,250.00
Trophies/Awards $225.00
TOTAL EXPENSES
$3,280.00
TOTAL INCOME LESS EXPENSES
NET INCOME
(Includes In-Kind Spensomhips)
(Excludes In-Kind Sponsorships)
$26,970.00
$26,970.00
3/19/2004 1:20 PM
Internal Revenue Service
Date: August 25, 2003
Aid to Victims of Domestic Abuse, Inc.
P.O. Box 667
Delray Beach, FL 33447-0667
Department of the Treasury
P. O. Box 2508
Cincinnati, OH 45201
Person to Contact:
Ms. Smith ~31-07262 '
Contact Representative
Toll Free Telephone Number:
8:00 a.m. to 6:30 p.m. EST
877-829-5500
Fax Number:
513-263-3756
Federal Identification Number:
59-2486620
Dear Sir or Madam:
This is in response to your request of August 25, 2003 regarding your organization's tax-exempt status.
In July 1985 we issued a determination letter that recognized your organization as exempt from federal inCOme'
tax. Our reCOrds indicate that your organization is currently exempt under section 501(c)(3) of lhe Intemal
Revenue Code.
Based on information subsequently submitted, we classified your organization as one that is not a private
foundation within the meaning of section 509(a) of the Code because it is an organization described in
section(s) 509(a)(1) and 170(b)(1)(a)(vi).
This classification was based on the assumption that your organization's operations would COntinue as stated
in the application. If your organization's sources of support, or its character, method of operations, or
purposes have changed, please let us know so we can consider the effect of the change on the exempt status
and foundation status of your organization.
Your organization is required to file Form 990, Retum of Organization Exempt from Income Tax, only if its
gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th
day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty
· of $20 a day, up to a maximum of $10,000, when a ratum is filed late, unless there is reasonable cause for the
delay.
Ail exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance
Contdb~ons Act (social secudty taxes) on remuneration of $100 or more paid to each employee during a
calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA).
Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the
Code. However, these organizations are not automatically exempt from other federal excise taxes.
Donors may deduct COntributions to your organization as provided in section 170 of the Code. Bequests,
legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift
tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
-2-
Aid to Victims of Domestic Abuse, Inc.
59-2486620
Your organization is not required to file federal income lax returns unless it is subject to the tax on unrelated
business income under section 511 of the Code. If your organization is subject to this tax, it must file an
income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are
not determining whether any of your organization's present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
Section 6104 of the Internal Revenue Code requires you to make your organization's annual return available
for public inspection without charge for three years after the due date of the return. The law also requires
organizations that received recognition of exemption on July 15, 1987, or later, to make available for pul:~c
inspection a copy of the exemption application, any supporting documents and the exemption letter to any
individual who requests such documents in person or in writing. Organizations that received recognition of
exemption before July 15, 1987, and had a copy of their exemption application on July 15, 1987, are also
required to make available for public inspection a copy of the exemption application, any supporting
documents and the exemption letter to any individual who requests such documents in person or in writing.
For additional information on disclosure requirements, please refer to Internal Revenue BulleUn 1999 - 17.
Because this letter could help resolve any questions about your organization's exempt status and foundation
status, you should keep it with the organization's permanent records.
If you have any questions, please call us at the telephone number shown in the heading of this letter.
This letter affirms your organization's exempt status.
Sincerely,
John E. Ricketts, Director, TE/GE
Customer Account Services
SELRV!CES
1ME ORANDU1M
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
~2Robert A. Barcinski, Assistant City Manager
AGENDA ITEM-CITY COMMISSION MEETING April 20, 2004
EVENT REQUEST-7~ ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL
Apr~ 15, 2004
Action:
City Commission is requested to endorse the 7th Annual Downtown Delray Craft Festival
sponsored by Howard Alan Events, LTD. to be held May 29-30, 2004, to grant a temporary use
permit per LDR's section 2.4.6(H) for use of city fight-of-way on Pineapple Grove Way from the
north side of NE 1st Street to the south side of NE 4th Street, and to authorize staff support for
security and traffic control.
Background:
Howard Alan Events, LTD. will be sponsoring the 7t~ annual downtown Delray Craft Festival.
Attached is a letter, event permit, site plan, budget and hold harmless agreement. This year again,
a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of
Pineapple Grove Way from the north side of NE 1st Street to the south side of NE 4th Street. Mr.
Alan has indicated that he would rent and install barricades with volunteers. He is also requesting
police assistance for security and traffic control. The estimated overtime cost for City services is
$2,200. Last years overtime costs were $2,105. Mr. Alan will pay for these costs as well as
provide for trash removal, clean up, porta lets, and barricade rental. 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.
This is not a new event. Per event policies the event sponsor is required to pay all City costs.
Recommendation:
Staff recommends endorsement of the event, granting of the temporary use permit for the street
closure, providing staff assistance for security and traffic control, and allowing the event signs to
be installed one week prior to the event with all overtime costs to be paid by the sponsor. The
approval would be conditional upon the receipt of the insurance certificate.
RAB?ags
Cc: Marjorie Fen'er
File: Allen:RAB
Doc: Agenda Request Delray Craft Festival 4 15 04
April 1, 2004
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the 7th Annual Downtown De?ay Craft Festival, to be held May 29 & 30,
2004 on NE 2"a Avenue from NE 1st Street to NE 4'" Street in Pineapple Grove.
Please be advised that the following logistics for the 7th Annual Downtown Delray Craft
Festival will be arranged:
Clearance: A 14' clearance for emergency traffic will be provided throughout the entire show
area.
Street Closure: Bob's Barricades will drop off barricades on Friday, May 28, 2004, and our
employees will set them up early Saturday morning as follows:
12 barricades just past the alley
10 barricades on the corner of NE 2"a Avenue and NE 1st Street
14 barricades on the corner of NE 2nd Avenue and NE 2nd Street
14 barricades on the corner of NE 2"d Avenue and NE 3rd Street
5 barricades at the crosswalk between NE 3rd Street and NE 4th Street on the west side
by Publix
Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00
pm on Saturday and Sunday with 2 officers for daytime security, and 2 overnight security
officers on Saturday from 5:00 pm - 6:00 am.
Port-O-Lets and Dumpster: 3 regular and 1 handicap port-o-lets will be ordered through Able
Sanitation and will be dropped off on Friday, May 28, 2004 and will be picked up on Monday,
May 31, 2004, with servicing on Sunday, May 30, 2004. They will be placed in the parking lot of
the deserted Publix.
A 20-yard rolloff dumpster is ordered from Waste Management will be placed in the deserted
Publix parking lot. It will be dropped off on Friday and picked up on Monday as well.
9695 W. Broward Blvd.
9695 W. BROWARD BLVI~a..nta~j°n,IF~Aq:~q~MATION, FLORIDA 33324
( 9 5 4 ) 4 {~5-4~ ~752537. 5_,5~.~_F,.~9~. 1 (~7524~8~7 2- 3 8 9 1
w w w, a r t t;-e~ s~l ~Vv~aLl . ,. o m
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 area each
day.
Vendor Parking: Parking will be at the vacant Publix parking lot.
Insurance: City required certificates will be issued.
If you have any questions, please feel free to call me at (954) 472-3755.
an, President
Alan Events, Ltd.
9695 W. Broward Blvd.
Plantation, FL 33324
(954) 472-3755 - Fax (954) 472-3891
www. ARTFESTIVAL.com
D City of Dekay Beach RECEIVED~
Special Event PermilD~ , ,. .... ~t--:'-'-'-'-'-'-'~
..... "'~ ~'~z,,~ IIII1~
AppllCa[lOn ASa,c, .,.., ~I I I I
1'993
PLEASE PRINT 2oo
Event Name/Title:
Event Date(s):
Event Time(s>:
Event Sponsor/Producer:
I
Event ContacFCoordinator:
Address: ~¢~
Telephone Number: ~Cellular Number:
E-mail Address: 3~0~4~ ~~[, ~ (0~
Event Descr~on/Purpose:
Sponsor Category (please check) City [] Non-Profit/Charitable [] Private
Co-Sponsor- Non-Profit/Private []
(If Non.profit attach proof of $01c(3) or (el))
Event Location (Describe area boundaries of even,t/location):
Site plan attached
(Site plan required for entire event site)
Event budget attached
(Required for afl events)
yes J no
yes no
Serving or selling alcoholic beverages yes no ~
(If yes, copy of ficense and alcohol liability insurance required two (2) weeks prior
to event)
1
Event certificate of insurance attached yes no.
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
Requesting Police assistance
(traffic control/security)
yes
yes IJ
Will supplement with private security
(If yes, need plan attached)
yes
Requesting Emergency Medical assistance yes
Requesting barricade assistance yes [J
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
Requesting stage use
(If yes, check type)
Large stage covered
Half small stage []
yes
[] Large stage no cover
no
no
[] Smallstage []
Requesting signage/ yes.
Type: Event sign v~ Directional signs
Banner hanging Indicate dates required ~
(]/Vaiver required if more than one (f) week prior to event)
Food and beverage vendors
If yes, approximate number
Health Department approval
yes ~
Other vendors
Tents ~O~o C'\~n~.~/~.~. ~/OP~ yes
(If yes,-tent permits and fi're inspectidns fnaybe needed)
no
no
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
nc J
no
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
Will you be providing port-a-lets for the event yes
no
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)
yes,
yes
Please print:~
Dat~ I
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'/'~'-~'~'0/'~' Application fee received $ /~' ~)
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Secudty 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
PJI~ R
ATLANTIC AVENUE
'O
E xxxx xxxx I"l NE 1st STREET
E []
E []
E []
[]rtl
F m []
:I-I rn NE 2nd STREET
[] LJ
[] ~ NE 3rd STREET
'- xxxx xxxx iD ~o
NE 4th STR~L~I'
gig abed !gO:BI gO-6[-~ ![6BBgZ~S6 !SIN3A3 NVgV OBYMO~'
American Craft Endeavors
7th Annual Downtown Delray Craft Festival
May 29 & 30, 2004
PROPOSED BUDGET FOR May 2004
Income
Number of Crafters 110
Number of Food Vendors 3
Total Revenue
EXPENSES
Advertising:
Boca Raton News
Palm Beach Post
South Florida Newspaper
Sun Sentinel
Advertising SubTotal
Services:
Permit
Signage
Sanitation
Sanitation
Sanitation
Barricades
Security
Rentals
Graphics for advertising
Payroll
Rental Property
Lodgings and meals, travel
One Million Dollar liability ins policy
Administrative Overhead
Crafter Revenue
Food Vendor Revenue
Service SubTotal
Total Expenses
Show Profit
Expense
Expense
Expense
Expense
Palm Beach County Health Expense
AA Sign Lines Expense
Anderson Rentals Expense
BFI Expense
Pro Fast Expense
Bob's Barricades Expense
City Of Delray Beach Expense
Pro Fast Expense
Expense Expense
Helayne Stillings & Staff Expense
Delray Joint Venture Expense
Expense
Expense
telephone, mailings,etc Expense
$16,500
$1,049.40
$17,549.40
$708.50
$1,551.12
$325.00
$1,544.80
$4,129.42
$25.00
$600.00
$503.50
$746.36
$370.00
$212.00
$1,059.08
$114.70
$75.00
$1,677.80
$2,000.00
$400.00
$425.00
$1,100.00
$9,308.44
$t 3,437.86
$4,t 11.54
HOLD HARM!.F~S AGREEMENT
THIS HOLt) HARMLF_~ AGREI!IVIli~IT, i~ entered h!to this .~ day of
~, 200~ by s~d b=~een ~ CITY OF DE~Y
B~CH,
Florida municipal
SPONSOR").
corporation (l~reinafter referred to as "CITY") and
C ~ ~ J~ ~ ~J'i.~.oc,~/.l , (~reinaf~r referred ~o as 'EVENT
WIT, NBSSETH:
~R.EAS, EV'EN~ SPONSOR see~ to hold
(hereinafter referred to as the "Event"); and
a spe~:tal event known as
on 4A~_ 2-6 i, ~ O: Z.O0 cf
WHRREAS, the ]~vent will be held witbi~ the City limks of Delray Beach; and
WHEREAS, the City Commission has determined that such an Bvcnt promotes the
public's l~alth, safely and welfare, ,
NOW, TKEI~IeORE, for thc mutual cove~ts and matters se~ forth herein, as of thc
dar~ set forth above, the parties hereby agree as follows:
1, The reckations set forth above are incorporated herein.
2, Indemnification. EVI~NT' SPONSOR, for good and valuable
consideration, agrees to defend, indemnify, ~a hold harmless the CITY, its agents, officers,
employees and servants f~om any ~t all suks, causes of action or any claim whatsoever made,
and thin,gas, which rosy result from any activity conducted by EVENT SPONSOR, its
agcuts, employes, assigns or contractors, in relation to the Bvent
~Y-22-2001 TUE 11:21 ~tM CITY, MGI~,DEL~Y, BCH P, 03
-~. l~sura~ee. EVlt~Yr SPONSOR shall obtain insurance covering the Event in
the amounts and of the types specified in Exhibit "A' atta~d hereto which is incorporated
herein as if fully set forth,
4. Govm~ing laws; venue. This agreer~nt shall be goveme~l by the hws of the
State of Florida. Any proceeding initiated to enforce the provisions of thi~ agreement %hall be
brought i~ the Sta~e or Federal courts located in Palm Beach CoUnty, Florida.
5. Bindin[~ l~ffect, All of the terms and provisions of this Agre _t~__~nt shall be
binding upon, inure to thc ben,fit of, ami be enforceable by, thc parties hereto and their
respective heirs, sx~cessors, legal representativeS, and permitted assiffns.
6. Entire Affreemont. This Agreement shall ~onstituto the e~!ir~ agreement of tl~
parties with respeet to the subject matter of it. All prior understandings ~ agreements
betweer{ the parties with respect to such matters are merged into this Agre_~m~__t, which alone
fully and conll~letely e.xpr~ses their understanding.
7. .aanevam~, This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
8. Third Parties. No~hin~ in ~!~ Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respecfiye heirs, successors, legal
representatives,, and permitted .assigns, nor is any~,in~ in this Agreement intended to relieve or
discharge the obligation or liability of any ~rd persons to any patty to this Agreement, nor
shall any provision thereof give any third person any'fight of subrogation or action over or '
agii~et any party to this Agreement.
2
I~Y-22-2001 T~ 11:21 ~I/ CITY. 1/GR.D£Li~Y, BCH P, 04
IN WITN~S V~IERBOP, ~he parties hereto have enter~ into th!~ agreera~nt ~e
day and year fir.~t wriCcan above.
ATTEST:
City Cleric
Approved as to Fozm:
.CITY Ol~ DELRAY BEACH, FLORIDA,
a Florida munic/pal corporation
By:
City Attorney
(Prim or Type Name)
STATE OF FLORIDA
tottery
TI~ foregoing instrument was
PO?e.', L .200'tby
o~.r or agent) of
aclcrmwledging), a
of . tl~ corporation.
an oath.
~owlea~l bd~r~, rn~ this ') day of
(~,~ o~ co~ora~on
(~g or place of ~o~don) co~ora~on, on behalf
~/~c h p~so~nlly ~wn to ~ or h~ prod~d
(~e of ~mafion) as ~fificafio~ ~d did (~d not) ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~--o - REGULAR MEETING APRIL 20. 2004
REPORT OF APPF_JO_a~BLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 16, 2004
Attached is the Report of Appealable Land Use Items for the period April 12, 2004 through April 16,
2004. 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.
S~ \City Clerk\agenda memos\ apagmcm.04.20.04
TO:
THRU:
FROM:
SUBJECT:
DL.~H A~TY MANAGER
P~IL DORLING, DIR....ECTOR OF PLANNING AND ZONING
~'ASMIN AI'LEN, PLANNER
MEETING OF APRIL 20, 2004 *CONSENTAGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 12, 2004 THRU APRIL 16,
2004
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of April 12, 2004 through April 16, 2004.
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.
A. Approved (6 to 0, Gary Eliopoulos arrived late), a new master sign program for Delray
Corporate Center (aka Corporate Tech Center), located on the east side of Congress Avenue,
north of the L-38 Canal (2875-3333 South Congress Avenue).
B. Approved (7 to 0), a request for a color change for DHSH Corporation, an existing industrial
building, located on the east side of Congress Avenue, south of Atlantic Avenue (125 South
Congress Avenue).
C. Approved with conditions (6 to 0, Dan Carter stepped down), a Class III site plan modification,
landscape plan and architectural elevation plan for Paradise Salon Studios (fka MDS Beauty
Supply), located on the west side of Pineapple Grove Way (NE 2nd Avenue), south of NE 2nd
Street. The proposal involved the conversion of 175 square feet of general commercial area to
restaurant floor area and the conversion of 2,898 square feet of second floor office and
mezzanine floor area to general commercial floor areas and interior expansion of the second
floor to add 160 square feet. Concurrently, the Board approved several waivers, namely,
· Reduced the required parking space width from 10' to 8' for the parking spaces that back
out onto the alley.
City Commission Documentation
Appealable Items Meeting of April 20, 2004
Page 2
· Reduced the required 20' stacking distance from the existing 5' to 3'-4" for the west end of
the primary parking lot and from 8'-6" to 5'-9" on the east end of the primary parking lot.
Reduce the required 20' sight visibility triangle from the existing 4'-7" to 3'-4" at the
northwest corner of the primary parking lot and from 8'-6" to 5'-9" at the northeast corner of
the primary parking lot.
Reduced the required 5' terminal landscape island width from the existing 4'-1" to 2'-10" for
the terminal landscape island located at the northwest corner of the primary parking lot and
reduce the width of the terminal landscape island from 5' to 4'-7" at the southwest corner of
the primary parking lot.
D. Approved (6 to 0, Dan Carter stepped down), a Class V site plan, landscape plan and
architectural elevation plan for Villas in the Grove (fka Creations of Delray Beach), located at
the northeast corner of Pineapple Grove Way (NE 2® Avenue) and NE Ist Street. The proposal
involves the construction of a four-story mixed-use building consisting of 51 residential dwelling
units, 8,056 square feet of retail floor area, 2,138 square feet of office floor area and a sheltered
parking area; and, the construction of a five story mixed -use building consisting of a parking
garage and 39 residential dwelling units. Concurrently, the Board approved a waiver reducing
the sight visibility triangle from 40' to 30' at the intersection of Pineapple Grove Way (NE 2®
Avenue) and NE Ist street.
No Regular meeting of the Planning and Zoning Board was held during this period.
No Regular meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
APRIL 20, 2004
GULF STREAM BLVD
C.15 CANAL
S.P.R.A.B.
A. DELRAYCORPORATECENTER
B. D.H.S.H. CORPORATION
C. PARADISE SALON
D. VILLAS IN THE GROVE
UNTON
J ONE MILE J
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~t - REGULAR MEETING OF APRIL 20. 2004
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 16, 2004
This is before the City Commission to approve the award of the following bids:
Bid award to various vendors for the purchase of gasoline and diesd fuel via the
Palm Beach County Co-op Bid #02145A at an estimated annual cost of
$546,513.70. Funding is available from 445-4714-572-52.11 (Golf Course Fuel/Oil
Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501-3311-591-52.51
(Central Garage Inventory - Fuel).
Contract renewal via Veto Beach Bid #97-41 with G&K Services for uniform
rental at an estimated annual cost of $55,380.00. Funding is available from various
departments' operating expense budget.
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo.04.20.04
MEMORANDUM
TO:
FROM:
THROUGH:
David T. Harden, City Manager
Jacklyn Rooney, Pumhasing Manager
Joseph Safford,"F~ce Director
DATE:
April 15, 2004
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
APRIL 20, 2004 - CONTRACT RENEWAL
BID #02145A - CO-OP BID - PALM BEACH COUNTY
GASOLINE AND DIESEL FUEL
Item Before Commission:
The City Commission is requested to approve the eighteen (18) month contract renewal for the
pumhase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02145A, at an
estimated annual cost of $546,513.70.
Background:
This contract was awarded at the City of Delray Beach City Commission meeting of October 15,
2002. The term of the contract was for eighteen (18) months with the option to renew for an
additional (18) eighteen months. Palm Beach County has approved the (18) eighteen month
renewal of this contract with the expiration date of September 30, 2005. See attached renewal
letters to vendors from Palm Beach County Board of County Commissioners.
The County awarded to a primary contractor and a secondary contractor for each item. The low
bidders (primary and secondary contractors) for the City of Delray Beach requirements are as
listed on the attached gasoline and diesel fuel breakdown for the City of Delray Beach
This contract allows for price fluctuation (escalation) based on prices established in the Oil Price
Information Service (OPIS) for Miami. However, the vendor markup or discount (including
delivery and all other costs) shall not change during the contract period.
Recommendation:
Staff recommends multiple awards as stated above at an estimated annual cost $546,513.70.
Funding from accounts 445-4714-572-52.11, 446-4714-572-52.11 and 501-3311-591-52.51
(2004-2005 budget).
Attachments:
Delray Beach Estimated Annual Quantities
OPIS Report - Miami
Palm Beach County Award Letters to Vendors
2002 Commission Award
ESTIMATED QUANTITIES FOR THE CITY OF DELRAY BEACH
DIESEL #2 w/Biocide (Tankwagon)
REGULAR UNLEADED (Tankwagon)
REGUALR UNLEADED (Transport)
105,100 gallons
164,500 gallons
192,000 gallons
Breakdown:
Based on current Miami OPIS (Oil Price Information System) for April 08, 2004
Vendor/ OPIS Estimated
Description Bid Price Price Quantity
Diesel #2 BV Oil
(w/Biocide) Company
Tankwagon + .0571
Regular Petroleum
Unleaded Traders
Transport + .0048
Regular MacMillian
Unleaded Oil
Tankwagon + .0479
1.0777
1.1737
1.1737
Unit Price x Qty. =
Total Dollar Amount
105,100 gals. 1.135 (1.0777 + .0571)
x 105,100 gals. = $119,288.50 *
192,000 g~s. 1.1785 (1.1737 +.0048)
x 192,000 gals. = $226,272.00*
164,500 gals. 1.2216 (1.1737 + .0479)
x 164,500 gals = $200,953.20*
Total estimated annual dollar amount for Ci,ty of Delray Beach $546,513.70'
04/09/2004 16:31 561-616-6811 P~C PURCHASING DEHi H~bE U2/~2
DIESEL UNLEADED GASOL,INE _
- #2 Low #2 High Regular Super Premium Report Date
87 Oct. 89 Oct. 93 Oct.
.8200 .8135 .9162 .9577 1.0277 October 30, 2003
.8489 .8456 .8591 .9003 !9684 November 6, 2003
.8791 .8726 .8885 .9297 !9959 ~ovember 13, 2003
.9143 .9127 .9231 .96S7 ~.0290 November 20, 2003
.8421 .8518 .8513 .8926 !9550 November 26, 2003
.8804 .8889 .8770 .9175 !9778 December 4, 2003
.8858 .8912 .8708 .9105 .9725 December 11, 2003
.9311 .9352 .9221 .9620 1.0221 December 18, 2003
.9072 .9057 .9297 .9699 1.0308 December 24, 2003
.9399 .9411 .9839 1.0248 1.0891 December 31, 2003
.9824 .9810 L.0134 1.0~50 .11.1202 January 8, 2004
.9842 .9933 1.0295 1.0705 Iz.1341 January 15, 2004
1.0553 1.0562 1.0661 1.1072 i 1.1727 January 22, 2004
.9873 .9920 1.0395 1.0833 1.1528 January 29, 2004
.9108 .9042 1.0696 1.1119 I 1.1802 FebruaryS, 2004 _
.9660 .9435 1.0664 1.1061 i 1.1707 February 12, 2004
1.0023 .9717 1.0975 1.1358 11.1999 February 19, 2004
1.0527 1.0064 1.1367 1.1773 1.2413 February 26, 2004
1.0295 1.0228 1.1361 1.1756 1.2394 March 4, 2004
1.0427 1.0380 1.1304 1.1702 1.2367 March 11, 2004
1.1227 ~ 1.1005 1.1903 1.2325 1.2985 March 18, 2004
1.0767 1.0529 1.1946 1.2348 1.3001 March 25, 2004
1.0726 1.0442 1.2055 1.2472 13142 April 1, 2004
l~r~l~slng Department
50 South Military Trail Suite I10
~st Palm Beach. FL 33415-3100
(561) 616-6800
F~: (561) 616-681[
wwwpbcgov corn/put
II
Jeff F~oons
'An £quat Opportunity
.~ffirmative Action Employer'
Date: Mamh 30, 2004
MACM0008
Macmillan Oil Company
2955 East 11th Street
Hialeah, Florida 33013
Attn: Mr. Amanclo Alonso
RECEIVED
APR ! 3
Dear Mr. Alonso
RE: TERM CONTRACT #: 02145A
This is to Inform you that Palm Beach County Board of County Commissioners is entering Into
a Term Contract with your company for GASOLINE & DIESEL FUEL CO-OP CONTRACT
based on one of the following:
[ ] FORMAL BID #:
[x]
RENEWAL OF FORMAL BIDIRFQ #: 02145/PP
( See Attached for list of Awarded Bid Items )
[ ] EXTENSION OF FORMAL BIDIRFQ #:
[ ] WRITTEN QUOTATION #:
[ ] VERBAL QUOTATION PER:
[ ] STATE OF FLORIDA CONTRACT #:
[ ] PALM BEACH COUNTY SCHOOL BOARD BID #:
[ ] OTHER:
The term of this contract Is 4/01/2004 through 9/3012005 . The estimated dollar value
Is $ 9,578~000.00 FOR ALL VENDORS .
The obligations of Palm Beach County under this contract are subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Board of County
Commissioners.
Palm Beach County Departments will issue hard copy orders against this contract as your
authorization to deliver. All Invoices must reference each unique document number.
If you have any questions, please contact PETER PATAN~ at (561) 616-6817 .
Sincerely,
Director
File
D. Welchman, Fleet Mgmt
D. Leaf, Palm Tran
R. Raymond, Parks
Co-op Agencies
Purchasing Department
50 Sou[h Military Trail, Suite 1 ! 0
West Palm Beach. FL 33415-3109
(561) 616-6800
FAX: (561) 616-6811
www. pbcgov, com/pur
Palm Beach County
Board of County
Commissioners
ltaren T. Marcus. Chair
Tony Masilotti. Vice Chairman
Jeff ltoons
Warren H. NeweII
Mary McCany
Addie L. Greene
Countl; Admlnis~rutor
Robert Weisrnan
'An £quo~ Opportunity
Contract #02145A
Gasoline & Diesel Fuel Co-op, Term Contract
Bidder: Macmillan Oil Company
Tho following Is a list of bid Items awarded your firm, based on Exercise of Renewal
Term & Condition #19, as Primary Vendor:
Bid Area / Item
Area #1 Item #2
Area #1 Item #3
Area #1 Item ~
Area #1 Item #5
Area #2 Item #6
Area #2 Item #7
Area #2 Item #8
Area #2 Item ~J
Area ~ Item #10
Area #3 Item #12
Area #3 Item #14
Area ;M Item #16
Area #4 Item #17
Area #4 Item #t8
Area #4 Item #19
Area #4 Item #20
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
Description
Diesel without BIoclde
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel with Bloclde
Diesel without Bloclde
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel without Bloclde
Gas, Regular Unleaded
Diesel with Bioclde
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Tho following Is a list of bid items awarded your firm, based on Exercise of Renewal
Term & Condition #19, as Secondary Vendor:
Bid Area I Item
Description
Area #2 Item #9
Area #3 Item #13
Area #3 Item #15
Area #4 Item #18
Area #4 Item #19
Area ;M Item #20
TRANSPORT
TANKINAGON
TANKWAGON
TRANSPORT
TRANSPORT
TRANSPORT
Gas, Regular Unleaded
Gas, Supreme Unleaded
Gas, Unleaded Plus
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Purchasing Department
50 South Military Trail. Suite 110
West Palm Beach, FL 33415-3199
(561) 616-6800
www. pbcgov, com/pur
Palm Beach County
Board of County
Commissioners
Karen 'C Marcus, Chair
Tony Masilo££i, Vice Chai}man
Jeff Koons
Warren ti Newel[
Mary McCarry
Addie L. Greene
County Administrator
Date: March 30, 2004
BVOI000t
BV OII Company
7950 NW 58th Street
Miami, Florida 33166
Attn: Mr. John Wright
RECEIVED
APR ! 3:2004
Dear Mr. Wright
RE: TERM CONTRACT #: 02145A
This is to Inform you that Palm Beach County Board of County Commissioners is entering Into
a Term Contract with your company for GASOLINE & DIESEL FUEL CO-OP CONTRACT
based on one of the following:
[ ] FORMAL BID 0:
[x]
RENEWAL OF FORMAL BIDIRFQ #: 021451PP
( Sea Attached for list of Awarded Bid Items )
EXTENSION OF FORMAL BID/RFQ #:
[]
[]
[]
[!
[]
[l
The term of this contract is 4/01/2004 through
Is $ 9,5?8,000.00 FOR ALL VENDORS
WRITTEN QUOTATION #:
VERBAL QUOTATION PER:
STATE OF FLORIDA CONTRACT #:
PALM BEACH COUNTY SCHOOL BOARD BID #:
OTHER:
9/30/2005
· The estimated dollar value
The obligations of Palm Beach County under this contract ara subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Board of County
Commissioners.
Palm Beach County Departments will Issue hard copy orders against this contract as your
authorization to deliver. All invoices must reference each unique document number·
If you have anyquestlons, please contact PETER PATAN¢: at (561) 616-68t7 o
Sincerely,
Director
File
D. Welchman, Fleet Mgmt
D. Leaf, Palm Tran
R. Raymond, Parks
Co-op Agencies
Purchasing Department
50 South Military Trail, Suite 110
1Mest Palm Beach. FL 33415-3199
(561) 616-6800
FAX: (561) 616-6811
www. pbcgov, comlpur
ea]m Beach County
~oa~d of CoufltT
Commissioners
r~aren T. Marcus, Chair
Tony Masflotti. Vice Chairman
JeFf I(oons
Warren H. Newell
Mary McCarty
Burr Aaronson
Addle L. Greene
County Administrator
Robert Weisman
'An Equal Opportunity
,t~ffrrnatfve aca~n Employer'
Contract #02145A
Gasoline & Diesel Fuel Co-op, Term Contract
Bidder: BV Oil Company
The following is a list of bid items awarded your firm, based on Exercise of Renewal
Term & Condition #19, as PrimaryVendor:
Bid Area / Item
Area #1 Item #1
Area #2 Item #6
Area #3 Item #11
Area ~L1 Item #11
Area #3 Item #13
Area #3 Item #15
Area #5 Item #21
Area #5 Item #22
Area #5 Item ~r23
Area #5 Item #24
Area #5 Item #25
Description
TANKWAGON
TRANSPORT
TRANSPORT
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
Diesel with Bloclde
Diesel with Blocide
Diesel with Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Unleaded Plus
Diesel with Bioclde
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
The following Is a list of bid Items awarded your firm, based on Exercise of Renewal
Term & Condition #t9, as Secondary Vendor :
Bid Area I Item
Description
Area #1 Item #1
Area #I Item #2
Area #2 Item #6
Area #2 Item #7
Area #2 Item #7
Area #2 Item #8
Area #2 Item #9
Area #2 Item #t0
Area #3 Item #t2
Area #3 Item #12
Area #3 Item #14
Area ;M Item #16
Area #4 Item #16
Area ~4 Item #17
Area #4 Item #18
Area ~4 Item #19
Area ~ Item #20
Area #5 Item #21
Area #5 Item #22
Area #5 Item #23
Area #5 Item #24
Area #5 Item #25
TRANSPORT
TRANSPORT
TANKWAGON
TRANSPORT
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TRANSPORT
TANKWAGON
TANKWAGON
TRANSPORT
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TANKWAGON
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
Diesel with BIoclde
Diesel without Biocide
Diesel with Biocide
Diesel without Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel without Bioclde
Diesel without Blocide
Gas, Regular Unleaded
Diesel with Siocide
Diesel without Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel with Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Purclla~ing Department
50 South Military Trail, Suite 110
West Palm Beach, FL 33415-3199
($61) 616 6800
FAX: (561) 616-6811
www. pbcgov, comlpur
l~lm Beach County
Board of County
Commissioners
Jeff Koons
Warren H. Newell
Mary McCarty
Addie L Greene
County Adm|nistrattor
Date: March 30, 2004
PETR0013
Petroleum Traders Corporation
7110 Polnta Inverness Way
Fort Wayne, Indiana 46804
Attn: Mr. Michael Hlmes
RECEIVED
Dear Mr. HImes
RE: TERM CONTRACT #: 02145A
This Is to Inform you that Palm Beach County Board of County Commissioners Is entering Into
a Term Contract with your company for GASOLINE & DIESEL FUEL CO-OP CONTRACT
based on one of the following:
[ ] FORMAL BID #:
ix]
RENEWAL OF FORMAL BIDIRFQ #: 02f45/PP
( See Attached for list of Awarded Bid Items )
EXTENSION OF FORMAL BID/RFQ #:
[]
[]
[]
[]
[]
[]
WRITTEN QUOTATION #:
VERBAL QUOTATION PER:
STATE OF FLORIDA CONTRACT #:
PALM BEACH COUNTY SCHOOL BOARD BID #:
OTHER:
The term of this contract is 4/01/2004 . through 9~30~2005
is $ 9~578,000.00 FOR ALL VENDORS
· The estimated dollarvalue
The obligations of Palm Beach County under this contract are subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Board of County
Commissioners.
Palm Beach County Departments will issue hard copy orders against this contract as your
authorization to deliver. All Invoices must reference each unique document number.
If you have any questions, please contact PETER PATAN~: . at (561) 616-6817 .
Slncersly,
D. Walchman, Fleet Mgmt
D. Leaf, Palm Tran
R. Raymond, Parks
Co-op Agencies
Purchasing Department
50 South Military Trail, Suite 110
West Palm Beach, FL 33415-3199
(561) 616-6800
FAX: (561) 616-6811
www, pbcgov, com/pur
Palm Beach County
Board of County
Commissioners
l~ren T. Marcus, Chair
Tony MasJlotti, Vice Chairman
Jeff Koons
Warren H. Newell
Mary McCarty
Addie L. Greene
County Administrator
Robert WeJsman
Contract #02145A
Gasoline & Diesel Fuel Co-op, Term Contract
Bidder: Petroleum Traders Corporation
The following is a list of bid Items awarded your firm, based on Exercise of Renewal
Term &Condition #19, as PrimaryVendor:
Bid Area I Item Description
Area #1 Item #1
Area #1 Item #2
Area #1 Item #3
Area #1 Item #4
Area #1 Item #5
Area #2 Item #7
Area #2 Item #8
Ama #2 Item #9
Area #2 Item #10
Ama #3 Item #12
Area #3 Item #13
Area #3 Item #14
Area #3 Item #15
Area #4 Item #16
Area #4 Itme #17
Area #4 Item #18
Area #4 Item #19
Area ~ Item #20
Area #5 Item #21
Area #5 Item #22
Area #5 Item #23
Area #5 item #24
Area ~ Item #25
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
TRANSPORT
Diesel with Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel without BIocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel with Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Diesel with Blocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
The following is a list of bid Items awarded your firm, based on Exercise of Renewal
Term & Condition #19, as Secondary Vendor:
Bid Area I Item Description
Area #2 Item #6 TRANSPORT Diesel with Biocide
Area #3 Item #11 TRANSPORT Diesel with Bioclde
Purchasing Department
SO South Military Trail, Suite 110
~ Faire Beach, FL 33415-3190
(561) 616-6800
w~.pbcgov, com/pur
Palm Beach Couflt~,
Board of County
Commissioners
Karen 'E Marcus, Chair
Tony MasilottL Vice Chairman
Jeff Roons
Warren H. Newel[
Mary McCarty
Burr Aaronson
Addle L Greene
County ,administrator
Robert Weisn~an
Data: March 30, 2004
FHFO0001
F. H. Foster Oil Corporation
319 Industrial Avenue
PO Box 368
Boynton Beach, Florida 33425
Attn' Ms. Lynne Foster
Dear Ms. Lynne
RECEW: D
API 3 '2 4
RE: TERM CONTRACT #: 02145A
This is to Inform you that Palm Beach County Board of County Commissioners Is entering into
a Term Contract with your company for GASOLINE & DIESEL FUEL CO-OP CONTRACT
based on ona of the following:
[ ] FORMAL BID #:
[ X ] RENEWAL OF FORMAL BID/RFQ #: 02145/PP
( Sea Attached for list of Awarded Bid Items )
[ ] EXTENSION OF FORMAL BID/RFQ #:
[ ] WRITTEN QUOTATION #:
[ ] VERBAL QUOTATION PER:
[ ] STATE OF FLORIDA CONTRACT #:
[ ] PALM BEACH COUNTY SCHOOL BOARD BID #:
[ ] OTHER:
The term of this contract Is 4/01/2004 through 9/3012005 . Tha estimated dollar value
is $ 9~578~000.00 FOR ALL VENDORS
The obligations of Palm Beach County under this contract are subject to the availability of
funds lawfully appropriated for its purpose by the State of Florida and the Board of County
Commissioners.
Palm Beach County Departments will Issue hard copy orders against this contract as your
authorization to deliver. All Invoices must reference each unique document number.
If you have any questions, please contact PETER PATAN;': at (56'1) 616-6817 .
Sincerely,
Director
File
D. Welchman, Fleet Mgmt
D. Leaf, Palm Tran
R. Raymond, Parka
Co-op Agencies
Purchasing Department
50 South Military Trail, Suite ! 10
~A~st Palm Beach. FL 33415-3199
(561) 616-6800
www. pbcgov, com/pur
Palm Beach County
~oard of County
Commlssioner~
Karen ~ Marcus, Chair
Tony Masilotti, Vice Chairman
Jeff Koons
'~arren H. Newel]
Mary McCarty
Burr Aaronson
Addle L, Greene
County Administrator
Robert Weisman
'an £qual Opportunity
AJ~rmatfve Actfon £rnplo~vr'
Bo
Contract #02145A
Gasoline & Diesel Fuel Co-op, Term Contract
Bidder: F.H. Foster OII Company
The following is a list of bid items awarded your firm, based on Exercise of Renewal
Term & Condition #19, as Primary Vendor:
Bid Area I Item Description
NO BID ITEMS AWARDS
The following is a list of bid Items awarded your firm, based on Exercise of Renewal
Term & Condition #19, as Secondary Vendor:
Bid Area I Item Description
Area #1 Item #1
Area #1 Item #2
Area #1 Item #3
Area #1 Item #4
Area #1 Item #5
TANKWAGON
TANIGNAGON
TANKWAGON
TANKWAGON
TANKWAGON
Diesel with Biocide
Diesel without Biocide
Gas, Supreme Unleaded
Gas, Regular Unleaded
Gas, Unleaded Plus
Palm Beach County Co-op Bid Award
City of Delray Beach Pricing
New Contract
Revised 9/25/02 Prices and Vendors Effective 10/1/02
;; Fuel Typ~ Diese! Witl~ ;Bio~ de
; ( o00
Primary Vendor Petroleum Traders
Fuel Price OPIS + $.0171
SecondaryVendor BV Oil
Fuel Price OPIS + $,0171
Prima~ Vendor iBV Oil
Fuel PHce OPIS + $.0571 -
SecondawVendor FH Foster
Fuel PHce OPIS + $.0700
;:FUel T~lpe, D e~el WithOUt B O~ cl~
Primary Vendor
Fuel Price
Secondary Vendor
Fuel Price
Primary Vendor
Fuel Pdce
Secondary Vendor
Fuel Pdce
PetroleJjrn Traders
OPIS + $.~)099
BV Oil
OPIS + $.0169
Macmillan Oil
OPIS + $.0479
FH Foster
OPIS+ $.0550
Primary Vendor Petroleum Traders
Fuel Price OPIS + $.0048 ~
Secondary Vendor Port Consolidated
Fuel Price OPIS + $.0284
el~ e- ,U nleadea Re.q ular~:~:,
~ go~ (Less Tha~ib~60 Ga o~ ~
Primary Vendor Macmillan Oil ~:~
Fuel Price OPIS + $.0479
Secondary Vendor FH Foster
Fuel Price OPIS + $.0.0550
Primary Vendor Macmillan Oil
Fuel Price OPIS + $.0479
Secondary Vendor FH Foster
Fuel Price OPIS + $.0.0550
~TankWagon ( 7000
AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: April 20, 2004
Date: April 14, 2004
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Contract renewal for the pumhase of gasoline / diesel fuel via the Palm Beach County Co-op Bid.
Awarded to various vendors at an estimated annual usage of $546,513.70.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Contract renewal with various vendors for the purchase of gasoline and diesel fuel via the Palm
Beach County Co-op Bid #02145A at an estimated annual cost of $546,513.70 for the City of
Delray Beach. (This contract renewal is for eighteen months.)
Funding from Account Codes: 445-4714-572-52.11,446-4714-572-52.11 and 501-3311-591-
52.51. (2004-2005 budget)
Depart ment Head Sig nat u re:~-~""~'",-~ ~
Determination of Consistency '~J~omprehe~;nlI
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
(if applicable)
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager<~
Joseph Safford,~'~e Director
April 16, 2004
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
APRIL 20, 2004 - CONTRACT RENEWAL - UNIFORM RENTAL
VIA CITY OF VERO BEACH BID #97-41
Item Before Commission:
City Commission is requested to approve the renewal of the contract with G & K Services for the
rental of uniforms for City employees at an estimated annual cost of $55,380.
Background:
This contract was awarded by the City of Delray Beach Commission at the October 20, 1998
agenda meeting. The term of the contract was for three (3) years with the option to renew for an
additional three (3) years. The contract was renewed by the City of Delray Beach Commission at
the June 05, 2001 agenda meeting for the additional three (3) years with expiration date of April
14, 2004.
G & K Services has agreed to extend this contract to the City for an additional three (3) years
with the expiration date of June 14, 2007 at the same original unit price. Upon this renewal
approval, all employees would be issued new uniforms. This will also apply to new employees
as well. The unit price for rental is $4.50 per week for industrial type uniform and $5.50 per
week for executive uniforms. G & K is also offering a 20% discount on all direct sales orders
from their catalogue for the purchase of uniforms for employees.
Based on my conversations with City Departments using this service, they are very satisfied with
the service being provided by G & K Services. By utilizing this contract, our prices will remain
the same for three more years which results in a savings because if the City was to re-bid this
contract we would be paying a higher price due to inflation per customer price/cost index.
Recommendation:
Staff reconunends the contract renewal with G & K Services via the City of Vero Beach for
uniform rental at an estimated annual cost of $55,380. Funding from various departments
operating budgets.
Attachments:
Memo from G & K Services
1998 Commission Agenda Letter
G&K SE#ViCES'
March 24, 2004
Jackie Rooney
City of Delray Beach, Purchasing
100 NV4 1st Ave.
Delray Beach, FL 33444
Dear Jac~e,
This leiter S~TVeS tO confirm the intention of G&K Services to extend our existing
contract (Bid # 97-41) with the City of Dekay Beach for an additional thirty-six month
p~iod.
All of the terms and conditions that are stated in our current contract will be extended for
the entire thtay-six month period. We also guarantee that your cmxent pricing structure
will remain locked for lhe entire thirty-six month period and wall be unmune fi.om any
and all price increases for each item and service you are currently receiving. This applies
to the prices of floor mats and any additional product or service as well as uniforms.
I will also g'aarantee that, upon contract renewal, each and every employee of the City of
Delray Beach who currently utilizes our service will be issued brand new uniforms. This
will also apply to any new hires as well. All employees of Delray Beach can also enjoy a
20% discount on all direct sale orders from our catalogue.
Currently, we provide uniform service to approxunately 220 employees of the City of
Delray Beach. The estimate for fiscal 2004-2005 for uniform rental and service base. don
approximately 200 employees at $4.50 per week for industrial uniform and
approximately 30 employees at $5.50 per week for executive tmiforms would equate to
au approximate annual expense of $55,380.
We here at G&K have been honored to consider the City of Delray Beach a valued and
important customer for almost a decade. We look forward to many more years of
partnership.
Sincer~.~yl, /. -r
~____.J~dIl Mac/glanus
Account Manager, G&K. Services
PBCC
PALM BEACH COMMUNITY COLLEGE
DISTRICT
4200 Congress Avenue, Lake Worth, Florida 33461-4796
February 25, 2004
Jackie Ronney
Purchasing Agent
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Ms. Ronney:
The purpose of this letter is to share information about our experience with G&K
Services. G&K has provided uniforms for the entire Facilities Department of
Palm Beach Community College for over two years. During this time they have
worked closely with maintenance, Security, receiving and building inspection
departments at four campus locations. As coordinator of the uniform program I
have found the regular daily service to be consistently efficient, G&K drivers are
well organized and professional. In addition, the immediate attention given to
exceptions, changes and individual issues has been impressive.
In our experience G&K has demonstrated that they serve each individual
employee with careful attention to detail and ensure success in this service by
constantly maintaining clear communication with their customers. I would
definitely recommend G&K for your uniform service.
Sincerely,
Pat Myerscough
Supervisor of Safety & Secudty
Palm Beach Community College
"Jewel" of the Palm Beaches
February 25, 2004
To Whom It May Concern:
The Town of Lake Park PuNic Works Department has used G&K Uniform Company
since October I, 2000. In October 2003 we signed another 3 year contract with them.
We are very satisfied witlh the service we receive from them. If we ever have a question
o~ a request ~'c receive resulls quickly.
If you have any questions, please don't hesitate To contact me at 561-881~3345.
Sincerely, /
Public Works Director
PEC~
m J~c.g&lcrccom mcm b~on
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: April 20, 2004
Date: April 16, 2004
XX Consent Agenda Special Agenda __ Workshop Agenda
Description of agenda item:
Renewal of uniform rental contract with G & K Services via the City of Vere Beach Bid #97-41.
ORDINANCE/RESOLUTiON REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Renew contract with G & K Services for uniform rental via the City of Vero Beach Bid #97-41 at an
estimated annual cost of $55,380.
Funding from various departments operating budget.
Department Head Signature:~~ ~
Determination of Consistency '~omprehensiv~Plan~..' ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~,/,,,.~---5 No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
[ITY OF nELA;lY BERgH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE: April 12, 2004
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David Harden, Ci._.~ Mnna_ger
Brian Shutt, Assistant City Attorney
SUBJECT: Aqreement with Palm Beach County on Davis Cup Sponsorship
Attached please find an Agreement with Palm Beach County regarding the
Sponsorship of the Davis Cup. The Agreement provides that the County shall
reimburse the City, up to $40,000.00 for expenses incurred by the City for the
Davis Cup. The Agreement also specified that the City would provide the County
a certain number of tickets, parking passes and advertising space.
Please place this item on the April 20, 2004 City Commission agenda. Please call
if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Robert Barcinski, Asst. City Manager
CONTRACT FOR SPONSORSHIP OF DAVIS CUP
This Contract is made as of the day of ,200._, by and between
Palm Beach County, a Political Subdivision of the State of Florida, by and through its
Board of Commissioners, hereinafter referred to as the COUNTY, and the City of
Delray Beach
[ ] an individual, [ ] a parmership, [X ] a political corporation authorized to do business in
the State of Florida, hereinafter referred to as the CITY, whose Federal I.D. number is
59-6000308.
In consideration of the mutual promises contained herein, the COUNTY and the CITY
agree as follows:
ARTICLE 1 - SERVICES
The CITY'S responsibility under this Contract is to provide professional/consultation
services in the area of sponsorship for the Davis Om~ as more specifically set forth in the
Scope of Work detailed in Exhibit "A".
The COUNTY'S representative/liaison during the performance of this Contract shall be J_.
Charles Lehmaun, telephone no. 561-233-3130.
The CITY'S representative/liaison during the performance of this Contract shall be
Braharn Dubin, telephone no.561-265-0255.
ARTICLE 2 - SCHEDULE
The CITY shall commence services on 3/11/2004 and complete all services by May 15,
2004.
Reports and other items shall be delivered or completed in accordance with the detailed
schedule set forth in Exhibit "A".
ARTICLE 3 - PAYMENTS TO CITY
The total amount to be paid by the COUNTY under this Contract for all services
and materials including, if applicable, "out of pocket" expenses (specified in
paragraph C below) shall not exceed a total contract amount of ~
Dollars ($40,000). The CITY shall notify the COUNTY's representative in
writing when 90% of the "not to exceed amount" has been reached. The CITY
will bill the COUNTY on a monthly basis, or as otherwise provided, at the
amounts set forth in Exhibit "B" for services rendered toward the completion of
the Scope of Work. Where incremental billings for partially completed items is
p~nuitted, the total billings shall not exceed the estimated percentage of
completion as of the billing date.
Invoices received fi'om the CITY pursuant to this Contract will be reviewed and
approved by the COUNTY's representative, to verify that services have been
rendered in conformity with the Contract. Approved invoices will then be sent to
the Finance Depa~hnent for payment. Invoices will normally be paid within thirty
(30) days following the COUNTY representative's approval.
Co
"Out-of-pocket" expenses will be reimbursed up to an amount not to exceed N/A
Dollars ($ .N/AO, and in accordance with the list of the types and amounts of
expenditures eligible for reimbursement as set forth in Exhibit "B". All requests
for payment of "out-of-pocket" expenses eligible for reimbursement under the
terms of this Contract shall include copies 'of paid receipts, invoices, or other
documentation acceptable to tho Palm Beach County Finance Department. Such
documentation shall be sufficient to establish that the expense was actually
incurred and necessary in the performance of the Scope of Work described in this
Contract. Any travel, per diem, mileage, meals, or lodging expenses which may
be reimbursable under the terms of this Contract will be paid in accordance with
the rates and conditions set forth in Section 112.061, Florida Statutes.
Final Invoice: In order for both parties herein to close their books and records,
the CITY will clearly state "final invoice" on the CITY;S final/last billing to the
COUNTY. This shall constitute CITY'S certification that all services have been
properly performed and all charges and costs have been invoiced to Palm Beach
County. Any other charges not properly included on this final invoice are waived
by the CITY.
ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE,
Signature of this Contract by the CITY shall also act as the execution of a truth-in-
negotiation certificate certifying that the wage rates, over-head charges, and other costs
used to determine the compensation provided for in this Contract are accurate, complete
and current as of the date of the Contract and no higher than those charged the CITY'S
most favored customer for the same or substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the
COUNTY determine that the rates and costs were increased due to inaccurate, incomplete
or noncurrent wage rotes or due to inaccurate representations of fees paid to outside
consultants. The COUNTY shall exercise its rights under this Article 4 within three (3)
years following final payment.
ARTICLE ~ - TERMINATION
This Contract may be terminated by the CITY upon sixty (60) days' prior written notice
to the COUNTY's representative in the event of substantial failure by the COUNTY to
2
perform in accordance with the rosins of this Contract through no fault of the CITY. It
may also be terminated, in whole or in part, by the COUNTY, with or without cause,
immediately upon written notice to the CITY. Unless the CITY is in breach of this
Contract, the CITY Shall be paid for services rendered to the COUNTY'S satisfaction
through the date of termination. After receipt of a Termination Notice and except as
otherwise directed by the COUNTY the CITY shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the
performance of thc tocminated work.
Transfer all work in process, completed work, and other materials related
to the terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6 - PERSONNEl,
The CITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract. Such personnel shall not
be employees of or have any contractual relationship with the COUNTY.
All of the services required hereinunder shall be performed by the CITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified
and, if required, authorized or permitted under state and local law to perform such
services.
Any changes or substitutions in the CITY'S key personnel, as may be listed in Exhibit
"A", must be made known to the COUNTY'S representative and written approval must be
granted by the COUNTY's representative before said change or substitution can become
effective.
The CITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
All of the CITY personnel (and all Subcontractors) while on County premises will
comply with all COUNTY requirements governing conduct, safety and security.
ARTICLE 7 - SUBCONTRACTING
The COUNTY reserves the right to accept the use of a subcontractor or to reject the
selection of a particular subcontractor and to inspect all facilities of any subcontractors in
order to make a determination as to the capability of the subcontractor to perform
properly under this Contract. The CITY is encouraged to seek additional small business
enterprises for participation in subcontracting opportunities. If the CITY uses any
subcontractors on this project the following provisions of this Article shall apply:
If a subcontractor falls to perform or make progress, as required by this Contract, and it is
necessary to replace the subcontractor to complete the work in a timely fashion, the CITY
shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.
The Palm Beach County Board of County Commissioners has established a minimum
goal for SBE participation of 15% on all County solicitations.
The CITY agrees to abide by all provisions of the Palm Beach County Code establishing
the SBE Program, as amended, and understands that failure to comply with any of the
requirements will be considered a breach of contract.
The CITY understands that each SBE firm utilized on this Contract must be certified by
Palm Beach County in order to be counted toward the SBE participation goal.
The CITY shall provide the COUNTY with a copy of the CITY'S contract with any SBE
subcontractor or any other related documentation upon request.
The CITY understands the requirements to comply with the tasks and proportionate
dollar amounts throughout the term of this Contract as it relates to the use of SBE finns.
The CITY will only be permitted to replace a certified SBE subcontractor who is
unwilling or unable to perform. Such substiuttlons must be done with another certified
SBE in order to maintain the SBE percentages established in this ConWaet. Requests for
substitutions of SBE's must be submitted to the COUNTY's representative and to the
Office of Small Business Assistance.
The CITY shall be required to submit to the COUNTY Schedule 1 (Participation of SBE-
MYWBE Contractors) and Schedule 2 (Letter of Intent) to further indicate the specific
participation anticipated, where applicable.
The CITY agrees to maintain all relevant records and information necessary to document
compliance pursuant to Palm Beach County Code, Chapter 2, Article HI, Sections 2-71
through 2-80.13 and any revisions thereto, and will allow the COUNTY to inspect such
records.
ARTICLE 8 - FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The
COUNTY will sign an exemption certificate submitted by the CITY. The CITY shall not
be exempted from paying sales tax to its suppliers for materials used to fulfill contractual
obligations with the COUNTY, nor is the CITY authorized to use the COUNTY'S Tax
Exemption Number in securing such materials.
4
The CITY shall be responsible for payment of its own and its share of its employees'
payroll, payroll taxes, and benefits with respect to this contract.
ARTICLE 9 - AVArLABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this contract for subsequent
fiscal year's is contingent upon annual appropriations for its purpose by the Board of
County Commissioners.
ARTICLE 10 - INSURANCE
CITY shall, at its sole expense, agree to maintain in full force and effect at all
times during the life of this Contract, insurance coverages and limits (including
endorsements), as described herein. The requirements contained herein, as well
as COUNTY'S review or acceptance of insurance maintained by CITY are not
intended to and shall not in any manner limit or qualify the liabilities and
obligations assumed by CITY under the contract.
Commercial Oeneral Liability CITY shall maintain
Commercial General Liability at a limit of liability
not less than $500,000 Each Occurrence. Coverage shall
not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted in writing
by County's Risk Management Department. CITY shall
provide this coverage on a primary basis.
Business Auto~bile Liability CITY shall maintain
Business Automobile Liability at a limit of liability
not less than $500,000 Each Occurrence for all owned,
non-owned and hired automobiles. In the event CITY
doesn't own any automobiles, the Business Auto
Liability requirement shall be amended allowing CITY to
agree to maintain only Hired & Non-Owned Auto
Liability. This amended requirement may be satisfied
by way of endorsement to the Commercial General
Liability, or separate Business Auto coverage form.
CITY shall provide this coverage on a primary basis.
Worker's Com{~ensation Insurance & Employers Liability
CITY shall maintain Worker's Compensation & Employers
Liability in accordance with Florida Statute Chapter
440. CITY shall provide this coverage on a primary
basis.
Professional Liability CITY shall maintain Professional
Liability, or equivalent Errors & Omissions Liability
at a limit of liability not less than $1,000,000 Per
Occurrence. When a self-insured retention (SIR) or
5
deductible exceeds $10,000, COUNTY reserves the right,
but not the obligation, to review and request a copy of
CITY'S most recent annual report or audited financial
statement. For policies written on a "Claims-Made,,
basis, CITY shall maintain a Retroactive Date prior to
or equal to the effective date of this Contract. In
the event the policy is canceled, non-renewed, switched
to an Occurrence Form, retroactive date advanced, or
any other event triggering the right to purchase a
Supplement Extended Reporting Period (SERP) during the
life of this Contract, CITY shall purchase a SERP with
a minimum reporting period not less than 3 years.
CITY shall provide this coverage on a primary basis.
Additional Insured CITY shall endorse the COUNTY as an
Additional Insured with a CG 2026 Additional Insured
Designated Person or Organization endorsement, or its
equivalent, to the Commercial General Liability. The
Additional Insured endorsement shall read "Palm Beach
County Board of 'County Commissioners, a Political
Subdivision of the State of Florida, its Officers,
Employees and Aqents.', CITY shall provide the
Additional Insured endorsements coverage on a primary
basis.
Waiver of Subrogation CITY hereby waives any and all
rights of Subrogation against the County, its officers,
employees and agents for each required policy. When
required by the insurer, or should a policy condition
not permit an insured to enter into a pre-loss
agreement to waive subrogation without an endorsement,
then CITY shall agree to notify the insurer and request
the policy be endorsed with a Waiver of Transfer of
rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply
to any policy, which a condition to the policy
specifically prohibits such an endorsement, or voids
coverage should CITY enter into such an agreement on a
pre-loss basis.
Certificate(s) of Insurance Prior to execution of
this Contract, CITY shall deliver to the COUNTY a
Certificate(s) of Insurance evidencing that all types
and amounts of insurance coverages required by this
Contract have been obtained and are in full force and
effect. Such Certificate(s) of Insurance shall include
a minimum thirty (30) day endeavor to notify due to
cancellation or non-renewal of coverage.
9. Uk~brella or Excess Liability If necessary, CITY may
satisfy the minimum limits required above for either
Commercial General Liability, Business Auto Liability,
and Employer's Liability coverage under Umbrella or
Excess Liability. The Umbrella or Excess Liability
shall have an Aggregate limit not less than the highest
"Each Occurrence,, limit for either Commercial General
Liability, Business Auto Liability, or Employer's
Liability. The COUNTY shall be specifically endorsed
as an "Additional Insured,, on the Umbrella or Excess
Liability, unless the Certificate of Insurance notes
the Umbrella or Excess Liability provides coverage on a
"Follow-Form,, basis.
10.
Right to Review COUNTY, by and through its Risk
Management Department, in cooperation with the
contracting/monitoring department, reserves the right
to review, modify, reject or accept any required
policies of insurance, including limits, coverages, or
endorsements, herein from time to time throughout the
term of this Contract. COUNTY reserves the right, but
not the obligation, to review and reject any insurer
providing coverage because of its poor financial
condition or failure to operate legally.
ARTICLE 11 - INDEMNIFICATION
To the extent permitted by law CITY shall protect, defend, reimburse, indemnify and
hold COUNTY, its agents, employees and elected officers harmless from and against all
claims, liability, expense, loss, cost, damages or causes of action of every kind or
character, including attorney's fees and costs, whether at trial or appellate levels or
otherwise, arising during and as a result of their performance of the terms of this Contract
or due to the acts or omissions of CITY.
ARTICLE I~ - SUCC~,~SORS AND ASSIGNS
The COUNTY and the CITY each binds itself and its partners, successors, executors,
administrators and assigns to the other party and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract.
Except as above, neither the COUNTY nor the CITY shall assign, sublet, convey or
transfer its interest in this Contract without the prior written consent of the other.
Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of the COUNTY, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the COUNTY and the CITY
ARTICLE 13 - REME~I~IE, S
This Contract shah be governed by the laws of the State of Florida. Any legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and
7
every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity, by statute or othenvise.
No single or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
ARTICLE 14 - CONFLICT OF INTEREST
The CITY represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services
required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The CITY
further represents that no person having any such conflict of interest shall be employed
for said performance of services.
The CITY shall promptly notify the COUNTY's representative, in writing, by certified
mail, of all potential comlicts of interest of any prospective business association, interest
or other circumstance which may influence or appear to influence the CITY'S judgement
or quality of services being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the nature of work that the
CITY may undertake and request an opinion of the COUNTY as to whether the
association, interest or circumstance would, in the opinion of the COUNTY, constitute a
conflict of interest if entered into by the CITY. The COUNTY agrees to notify the CITY
of its opinion by certified mail within thirty (30) days of receipt of notification by the
CITY. If, in the opinion of the COUNTY, the prospective business association, interest
or circumstance would not constitute .a conflict of interest by the CITY, the COUNTY
shall so state in the notification and the CITY shall, at its option, enter into said
association, interest or circumstance and it shall be deemed not in conflict of interest with
respect to services provided to the COUNTY by the CITY under the terms of this
Contract.
ARTICLE 15 - EXCUSARLE DELAYS
The CITY shall not be considered in default by reason of any failure in performance if
such failure arises out of causes reasonably beyond the control of the CITY or its
subcontractors and without their fault or negligence. Such causes include, but are not
limited to, acts of God, force majeure, natural or public health emergencies, labor
disputes, freight embargoes, and abnormally severe and unusual weather conditions.
Upon the CITY'S request, the COUNTY shall consider the facts and extent of any failure
to perform the work and, if the CITY'S failure to perform was without it or its
subcontractors fault or negligence, the Contract Schedule and/or any other affected
provision of this Contract shall be revised accordingly, subject to the COUNTY'S rights
to change, terminate, or stop any or all of the work at any time.
8
ARTICLE 16 - ARREAR~
The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness.
The CITY further warrants and represents that it has nb obligation or indebtedness that
would impair its ability to fulfill the terms of this Contract.
ARTICLE 17 - DISCLOSURE AND OWNERStllP OF DOCUMENTS
The CITY shall deliver to the COUNTY's representative for approval and acceptance,
and before being eligible for final payment of any amounts due, all documents and
materials prepared by and for the COUNTY under this Contract.
To the extent allowed by Chapter 119, Florida Statutes, all written and oral information
not in the public domain or not previously known, and all information and data obtained,
developed, or supplied by the COUNTY or at its expense will be kept confidential by the
CITY and will not be disclosed to any other party, directly or indirectly, without the
COUNTY'S prior written consent unless required by a lawful court order. All drawings,
maps, sketches, programs, data base, reports and other data developed, or purchased,
under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S
property and may be reproduced and reused at the discretion of the COUNTY.
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including but not limited to any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Contract and the consummation of the
transactions contemplated hereby.
ARTICLE 18 - INDEPENDENT CONTRACTOR Iil~J,ATIONSHIP
The CITY is, and shall be, in the performance of all work services and activities under
this Contract, an Independent Contractor, and not an employee, agent, or servant of the
COUNTY. All persons engaged in any of the work or services performed pursuant to this
Contract shall at all times, and in all places, be subject to the CITY sole direction,
supervision, and control. The CITY shall exercise control over the means and manner in
which it and its employees perform the work, and in all respects the CITY'S relationship
and the relationship of its employees to the COUNTY shall be that of an Independent
Contractor and not as employees or agents of the COUNTY.
The CITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 19 - CONTINGENT FF.F.S
The CITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CITY to solicit or secure this Contract
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the CITY, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award
or making of this Contract.
ARTICLE 20 - ACCESS AND AUDITS
The CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after
completion or termination of this Contract. The COUNTY shall have access to such
hooks, records, and documents as required in this section for the purpose of inspection or
audit during normal business hours, at the CITY'S place ofbnsiness.
ARTICLE 21 - NONDISCRIMINATION
The CITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national ori~n~
ancestry, marital status, or sexual orientation.
ARTICLE 22 - AUTHORITY TO PRACTICE
The CITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner. Proof of such licenses and approvals
shall be submitted to the COUNTY's representative upon request.
ARTICLE 23 - SEVER. ABILITY
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Contract shall be deemed valid and enforceable to the
extent permitted by law.
ARTICLE 24- PUBLIC ENTITY CRIMF~g
As provided in F.S. 287.132-133, by entering into this contract or performing any work in
furtherance hereof, the CITY certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within the 36
months immediately preceding the date hereof. This notice is required by F.S.
287.1330)(a).
10
ARTICLE 25 - MODIFICATIONS OF WOl~g
The COUNTY reserves the right to make changes in Scope of Work, including
alterations, reductions therein or additions thereto. Upon receipt by the CITY of the
COUNTY'S notification of a contemplated change, the CITY shall, in writing: (1)
provide a detailed estimate for the increase or decrease in cost due to the contemplated
change, (2) notify the COUNTY of any estimated change in the completion date, and (3)
advise the COUNTY if the contemplated change shall affect the CITY'S ability to meet
the completion dates or schedules of this Contract.
If the COUNTY so instructs in writing, the C1TY shall suspend work on that portion of
the Scope of Work affected by a contemplated change, pending the COUNTY'S decision
to proceed with the change.
If the COUNTY elects to make the change, the COUNTY shall initiate a Contract
Amendment and the CITY shall not commence work on any such change until such
written amendment is signed by the CITY and approved and executed on behalf of Palm
Beach County.
REMAINDER OF Tl~l~q PAGE LEFT BLANK
ll
ARTICLE 26 - NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt
requested, hand delivery or other delivery service requiting signed acceptance. If sent to
the COUNTY, notices shall be addressed to:
J. Charles Lehmann~ Executive Director
Tourist Development Council
1555 Palm Beach Lakes Blvd., #900
West Palm Beach, F1 33401
With copy to:
Palm Beach County Attorney's Office '
301 North Olive Ave.
West Palm Beech, Florida 33401
If sent to the CITY, notices shall be addressed to:
Mayor JeffPerlman
~ of Delrav Bench
100 N.W. First Ave.
Delray Beach~ FI 3344~.
ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the C/TY agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract
may be added to, modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto in accordance with Article 25- Modifications of Work.
12
IN WITNESS WHEREOF, the Board of County Commissioners of Pahn Beach
County, Florida has made and executed this Contract on behalf of the COUNTY and
CITY has hereunto set its hand the day and year above written.
ATTEST:
DOROTHY H. V~ILKEN, Clerk
PALM BEACH COUNTY BOARD
OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
CITY
WITNESS:
Signature
City of Delray Beach
Title
City Clerk
Name (type or prin0
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By By
County Attorney
APPROVED AS TO TERMS AND CONDITIONS
City Attorney
By:
J. Charles Lehmann
Executive Director, TDC
13
EXI~IRIT "A"
SCOPE OF WORK
,B
C.
D.
E.
F.
G.
H.
J.
lC
L.
M.
City has to validate at least $40,000 cash match contribution to USTA
Six (6) 30 second spots on the ESPN National telecast (two per telecas0
One (1) 3' X 9' banner within the stadium, but not within ESPN camera view
One (1) 3' X 9' banner in concourse area
Twenty (20) Level One seats (value $375 each)
Twenty (20) Level Two seats (value $250)
One (1) full page, four color advertisement in the official Davis Cup Program
Four (4) invitations to the official Davis Cup banquet that includes players
and captains of each nation along with international and national dignitaries
Sponsor Board recognition
Ten (10) VIP Parking passes
Logo representation in all print media generated by the USTA
Four (4) invitation to the USTA hospitality area
Submission of completed Special Projects Fund application including final
report and relevant financial report by May 1
REMAINDER OF PAGE LEFF BLANK
14
EXHIBIT "B"
SCIIF~DULE OF PAYMENTS
The Scope of Work to be completed by CITY as defined in Exhibit "A" consists of
specific deliverables. Compensation for the work tasks stated in the Scope of Work shall
be in accordance with the following Schedule of Payments:
Payment in the amount of $40,000 from the Special Projects Fund ( 1452-710-7310-
3401) to the City of Delray Beach upon receipt of invoice including the City's
validation of $40,000 cash match contribution to USTA.
REMAINDER OF PAGE LEFT BLANK
15
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~- - REGULAR MEETING OF APRIL 20. 2004
AMENDMENT/TICKMASTER. L.L.C. AGREEMENT/DAVIS CUP
DATE: APRIL 16, 2004
The amendment text for this item will be distributed on Monday.
$:\City Clerk\agenda memos\Ticketmaster Agreement.04.20.04
[lTV OF DELRIIV BEFII:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: April 16, 2004
Writer's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David Hardehn, City Manager
t..-.-, .,,......~-~
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to Ticketmaster Agreement
The following amendment to the Ticketmaster agreement provides that all of the
proceeds received by Ticketmaster from Davis Cup ticket sales shall be paid
directly to the USTA Davis Cup box office operator rather than being paid to the
City first and then the City remitting payment to the USTA. This amendment is
based on a request from the USTA.
Please place this item on the April 20, 2004 City Commission agenda. Please call
if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Bob Barcinski, Asst. City Manager
Becky O'Conner, Treasurer
FAX 5g1£7847§§
CITY ATTORHEY
[ITY OF DELRI:I¥ BEg[H
City Hall
CITY ATTORNEY'S OFFICE
200 NWI st ~.'v'ENL E - DELRAY BEACH FLORI[ A 3J444
TELEPHONE 561/243-7(}90 - FACSIMILE 561/278-4755
DELRAT
FAX TRANSMITTAL LETTER
TO:
April 19, 2004
David Harden, City Manager
Carolanne Kucmerowski, Agenda Coordinator
FROM: Brian Shutt
Number of pages (including cover sheet) 6
Message:
Attached is the backup for the Ticketmaster item on the agenda with
the revision. Also attached is an email explaining the reason for the
revision.
IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE
CALL 1-561-243-7092 IMMEDIATELY.
mester
Assignment of Ticket Proc==:ls
~ TO LICENSED USER
THIS AMENDMENT TO LICENSED USER AGREEMENT ("Amendment") is
made and entered into as of this 2nd day of April, 2004 by and
between City of Delray Beach, a Florida municipal corporation
("Principal") and Ticketmaster L.L.C., a Delaware limited
liability company ("Ticketmaster" with reference to the following
facts:
A. Ticketmaster and Principal entered into that certain
Licensed User Agreement dated as of November 15, 1999, whereby
Principal authorized Ticketmaster to act as Principal's exclusive
agent for the sale of all remote (e.g. at outlets and by
telephone) Tickets to attend each of the Attractions upon the
terms and conditions set forth in the Licensed User Agreement.
B. Ticketmaster and Principal hereby desire to amend the
Licensed User Agreement to provide for the assignment of certain
Ticket sales proceeds owing to Principal under the Licensed User
Agreement, and Ticketmaster desires to consent to such assignment
subject to the te~ms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and
covenants set forth herein, the parties hereby agree as follows:
1. Assi.~u-t of Ticket Pr-occ.c--4s b~ Principal. Principal
has assigned its right to receive a portion of the proceeds of
Ticket Sales from the Davis Cup events (EDD0409, EDD0410, EDD0411,
and EDDAVIS), on April 9~' i0~, ~d il~, 2004 at Delray Beach Tennis
Center owing to Principal from. Ticketmaster .au~(r. ~ Licensed
User Agreement, to~ en · ~/~s~U~avis Cup
("Assignee"). The amount of proceeds from said Ticket sales under
the Licensed User Agreement which is assigned hereunder, is all
proceeds.
2. Consent b~ Ticke*-~ster. Ticketmaster hereby consents
to the assignment and agrees to pay the Assignee out of the first
funds which become due to Principal under the Licensed User
Agreement with respect to the entire funds a sum up to, but not to
exceed, all proceeds. Principal and Assignee(s) agree that this
assignment does not and will not transfer to Ticketmaster or
release Principal or Assignee(s) from, any tax reporting, payment,
withholding or other responsibility of Principal or Assignees.
Ticketmaster's obligation to pay Assignee is subject .to all the
same terms and conditions as its obligation to pay Principal and
the rights of Assignee against Ticketmaster can rise no higher
than those of Principal. Ticketmaster reserves the right to set
off against any amounts owed by it under the Licensed User
Agreement any amount owed to it by Principal, whether arising
before of after the execution hereof.
3. Payment of Ass~.z~-~ ~-_~t. Payment of the amount
assigned hereunder shall be made by means of Ticketmaster's check
payable to the order of Assignee, in the same manner, and upon the
same terms and conditions, as payment is required to be made to
Principal under the Licensed User Agreement.
4. ConcL%~ions of ~s~.,~,-,,,,--~t. Principal acknowledges and
agrees that Ticketmaster's obligation to make payment to the
Assignee hereunder accrues directly to the Assignee and that the
assignment may not be unilaterally revoked by Principal after the
execution hereof. Any payment made by Ticketmaster in accordance
with this Amendment shall be conclusively deemed to be correct.
Principal and Assignee agree that Ticketmaster shall not be liable
to either of said parties for any reason whatsoever, other than
for its negligent failure to make payments in accordance with this
Amendment, and both of said parties hereby waive any and all
rights either may have in law or equity against Ticketmaster,
other than by reason of Ticketmaster's negligent failure to comply
with the terms of this Amendment. Except in the case of
Ticketmaster's negligent failure to comply with the terms and
conditions of this Amendment, Principal and Assignee agree to
indemnify and hold Ticketmaster harmless from and against any and
all liabilities, claims, damages, expenses, taxes or other
obligations (including costs and attorneys' fees) arising out of
Ticketmaster's performance of this Amendment. In no event shall
Ticketmaster be liable for special or consequential damages.
5. Di~e~ P&~enem. Principal agrees to assert any and
all claims relating to a disputed payment directly against
Assignee and not against Ticketmaster. Ticketmaster shall be
entitled to continue to make payments to Assignee hereunder during
the course of any such dispute.
6. Confli~:ing T~-~-. In the event a conflict arises
between this Amendment and the terms and conditions of the
Licensed User Agreement the terms and conditions of this Amendment
shall control. Except as specifically set forth herein to the
contrary, all of the terms and conditions of the Licensed User
Agreement are in full force and effect, shall continue in full
force and effect throughout the term and are hereby ratified and
confirmed by the parties.
-2-
IN WITNESS WHEREOF, the parties have executed this Amendment
as of the date first written above.
TICKETMASTER L.L.C.,
a Delaware Limited Liability Co.
By:
Print:
Title:
CITY OF DELRAY BEACH
a Florida municipal corporation
By:
Print:
Title:
Assignee hereby acknowkedges its agreement with and shall comply
with the terms and conditions of this Amendment to the extent such
terms and conditions are applicable to Assignee.
_Lawrence Joel Veterans M~morialColiseu~
~ c/o DAVIS CUP
a North Carolina municipal corporation
By:
Print:
Title:
-3-
Page 1 of 2
Shutt, Brian
From: Laura Chavez [Ichavez@ljvm.com]
Sent: Monday, April 19, 2004 10:10 AM
To: Shutt, Brian
Subject: RE: Ticketmaster
Good morning.
LJVM (Lawrence Joel Veterans Memorial) Coliseum is a municipality incorporated in the state of North Carolina,
and located in Winston-Salem. The United States Tennis Association contracts us to handle all of the ticketing for
both the Davis and Fed Cups. Our federal tax ID number is 56-6000241, under the name of City of Winston-
Salem.
In previous conversations I had with Clay Luter, General Manager of Ticketmaster Florida, it was agreed that the
settlement check and the reports would be sent directly to us hera in Winston Salem. Is this not what has
happened?
Thank you for your assistance,
Laura Ctuivez
LJVM Coliseum/Davis Cup
Box Office Manager
336-725-5635 Ext. 426
336-727-2936 Fax
..... Original Message .....
From: Shutt, Brian [mallto:Shutt@ci.delray-beach.fl.us]
Sent: Monday, Apdl 19, 2004 8:14 AM
To: Laura Chavez
Subject: RE: Ticketmaster
Laura, could you tell me if LJVM is a corporation, LLC. Etc.. Also, and this is just for the memo that I need
to write for the Commission to explain what we are doing, what is LJVM?
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561)243-7091
Fax (561)278-4755
shutt~ci, de/ray-beach.fi, us
..... Original Message .....
From: Laura Chavez [mailto:lchavez@ljvm.com]
Sent: Sunday, April 18, 2004 1:51 PM
To: Shutt, Brian; Ryan, .]eft
Cc: (:lay Lurer (Miami); BrahmD@aol.com
Subject.' RE: Ticketmaster
AJI,
4/19/2004
Page 2 of 2
I have copied Clay Luter with Ticketmaster on this email in an effort to avoid any confusion. Clay
and I have already discussed the settlement of the Davis Cup. He is aware that LJVM is to receive
the settlement check and reports. Clay has the address information as well as who the check
should be made out to, but I will be glad to forward the information if needed.
Please contact me if there are any problems or questions.
Thank you,
Laura Chavez
LJVM Coliseum
Box Office Manager
336-725-5635 Ext. 426
336-727-2936 Fax
..... Original Message .....
From= Ryan, 3eft [mailto:Ryan@USTA.com]
Sent,' Friday, April 16, 2004 11:11 AM
To-' shutt~ci.delray-beach.fl.us
Cc.' 'BrahmD@aol.com'; Laura Chavez (E-mail)
Subject: RE: Ticketmaster
Brian:
Please arrange to have TicketMaster pay directly to "LJVM of Winston Salem", our USTA
contracted Davis Cup Box office operator, the proceeds of ticket sales from the Davis Cup
events April 9,10,11 at the Delray Beach Tennis Center.
Thank you for making these arrangements.
Jeff Ryan
Director, USA Team Events
USTA
70 West Red Oak Lane
White Plains, NY 10604
Phone 914-696-7246
Fax 914-696-7054
Cell 914-557-6396
4/19/2004
[ITY DF DELRI:IY BEACH
p~,I~BEA~ 100 N W 1st AVENUE
DELRAY BEACH, FLORIDA 33444
561/243-7000
AII.AmerlcaCity
1993
2001
MEMORANDUM
TO:
FROM:
David T. Harden
City Manager
ff~Robe~A. Barcinski
Assistant City Manager
DATE: April 14, 2004
SUBJECT: AGENDA CITY COMMISSION MEETING APRIL 20~ 2004
APPROVAL PERFORMANCE MEASURES - GOLF COURSES
AND TENNIS FACILITIES
Action
City Commission is requested to consider approval of performance measures for fiscal
year 2003-04 for the Municipal and Lakeview Golf Courses, and the Tennis Facilities
Background
Attached are proposed performance measures for the Municipal and Lakeview Golf
Courses, and Tennis Facilities for FY 2003-04. Per the terms of the management
agreement with Dubin and Associates, Inc. the performance measures (i.e. goals and
objectives) are to be approved by City Commission. The performance measures
proposed are based on the goals and objectives approved in the FY 03-04 budget, as well
as other agreed upon tasks. The performance measures approved will be the basis upon
which a bonus would be paid to Dubin and Associates, Inc. for FY 03-04.
Recommendation
Staff recommends consideration of the proposed performance measures for the Municipal
and Lakeview Golf Courses, and Tennis Facilities for FY 03-04.
RAB:tas
File:u:sweeney/agenda
Doc: golf performance measures 2003-04
~ PrmtedonRecvcledPaper THE EFFORT ALWAYS MATTERS
In regard to performance measures, we accomplished the following:
Restaurant & Banquet net operating income
Rounds
Youth Part~ipation
Customer Survey
Acceptable Mystery Shopper Report
Permit Holders
2002
Projection Points
$ 25,000 10
83,000 to 88,000 10
2,000 10
3.5 25
10
300 to 350 10
2002
Actual
$ 26,459
83,604
2,541
4.18
completed
343
We did not accomplish the following:
Overall Operational Income
Gross Merchandise Sales
TOTAL POINTS
2002
Projection Points
$ 75,000 15
$ 112,000 1.~0
2002
Actual
($ 104,214)
$ 107,717
Lakeview Golf Club
Lakeview Golf Club is the best executive golf course in South Florida.
Customer satisfaction is extremely high in all areas from golf course condition to friendly
staff.
Once again we hosted the Annual Special Olympics Golf Tournament.
We are also proud of the fact that we have been able to increase our level ofjurLior rounds
played by over 35% in 2002.
In regard to performance measures, we accomplished the following:
Golf Rounds
Youth Participation
Customer Survey
Ai=ceptable Mystery Shopper Report
2002 2002
Projection Points Actual
50,000 to 58,000 15 51,743
1,000 to 1,500 15 2,236
3.5 25 4.13
10 completed
We did not accomplish the following:
Net Income
Merchandise Sales
TOTAL POINTS
2002 2002
Projection Points Actual
$ 75,000 20 $ 26,755
$ 18,000 1_.~5 $ 16,232
10__~0
o
o
Harden, David
From:
Sent:
To:
Subject:
Baminski, Robert
Wednesday, April 14, 2004 1:48 PM
Harden, David
FVV: performance measures
..... Original Message .....
From: CynthiaMDoll@aol.com [mailto:CynthiaMDoll@aol.com]
Sent: Wednesday, April 14, 2004 1:30 PM
To: Barcinski, Robert
Cc: brahmd@aol.com
Subject: performance measures
As Brahm discussed with you earlier today:
In addition to your earlier conversation, in regard to program participation we think that
2,600 would be a better performance measure. This year due to transportation problems the
City's Parks and Rec program is sending only 3 sessions per week in comparison to the 6
sessions per week that were sent last year accounting for approximately 300 participants.
In addition, due to being closed last summer the Atlantic High School golf team went to
another facility accounting for approximately 140 participants.
3,040 last year
-300 Parks & Eec
-140 Atlantic High School
2,600 Total
· We count all participants in golf course sponsored programs not just youth.
Please let me know if you need anything else.
o
0
o
0
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # °~2) - REGULAR M~I:~TING OF APRIL20. 2004
CONTRACT AWARDS/PROFESSIONAL CONSULTING SERVICES
DATE: APRIL 16, 2004
This is before the Commission for approval of contract awards for professional consulting services to
Kimley-Horn, Inc.; CH2M Hill; Tetre Tech, Inc.; Robert Walters Architects, Inc.; and Robert G.
Currie Partnership for design of parks improvement projects funded by the Parks & Recreation Bond
Program.
Fourteen (14) responses were received and reviewed by an eight member Request For Qualifications
(RFQ) Review Committee. The committee met in a public forum on March 17, 2004, for review of
the process and criteria used for rating as it relates to specific projects. Each committee member
scored the respondents according to the criteria stated in the RFQ and as previously established by
the Commission. A final meeting of the review committee was convened in a public forum on April
14, 2004, to review and discuss the results of the ranking process and publish the final ranks for the
RFQ respondents.
Attached, please find copies of the RFQ's and score sheets reflecting the consultant rankings by
individual committee members and overall weighted rankings which were used as the basis for the
recommendation of award. Based on a program that anticipates completion of the bond projects in
an approximate two year period, staff anticipates that no more than five consultants will be needed.
The top five consultants in order of ranking are Kimley-Hom, Inc.; CH2M Hill; Tetre Tech, Inc.;
Robert Walters Architects, Inc.; and Robert G. Currie Partnership.
Recommend approval of contract awards for professional consulting services to Kimley-Hom, Inc.;
CH2M Hill; Tetre Tech, Inc.; Robert Walters Architects, Inc.; and Robert G. Cur'de Partnership for
design of parks improvement projects funded by the Parks & Recreation Bond Program.
S:\City Clerk\agenda memos\Professional Consulting Semices Comxact,04.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www. mydelraybeach.com
David ~
T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
PARKS & RECREATION BOND CONSULTING CONTRACT AWARDS
April 14, 2004
A Request For Qualifications (RFQ) was advertised on February 29, 2004, for provision of professional
consulting services in conjunction with implementation of Parks projects identified in the City's Parks &
Recreation Bond approved by referendum in January, 2004. A total of fourteen (14) responses were received
prior to the request closing at 3:00 PM on March 25, 2004.
An eight member RFQ Review Committee consisting of City staff listed on the attached ranking forms reviewed
the response packages in the context of the professional requirements and disciplines stated in the RFQ. The
Committee met in a public forum on March 17, 2004, for an orientation of the process to be used for rating RFQ
respondents, and to review and discuss the rating criteria as it relates to specific projects listed in the RFQ. Each
Committee member scored the respondents according to the criteria stated in the RFQ and as previously
established by Commission for this purpose. A final meeting of the Review Committee was convened in a public
forum on April 14, 2004, to review and discuss the results of the ranking process and publish the final ranks for
respondents to the RFQ.
Attached to this memo is a copy of the RFQ as well as score sheets reflecting the Consultant rankings by
individual Committee members and overall weighted rankings used as the basis for this recommendation of
award. Based on a program that anticipates completion of the bond projects in an approximate two year period,
staff anticipates that no more than five consultants will be needed to provide the resources necessary to
accommodate the stated schedule. The top five Consultants in order of ranking are:
1. Kimley-Hom & Associates
2. CH2M Hill
3. Tetra Tech, Inc.
4. Robert Walters Architects, Inc.
5. Robert G. Currie Partnership
On the basis of the variety of disciplines and services required by the Parks & Recreation Bond Program and the
necessary level of resources to accommodate program schedules, staff recommends that Commission award
contracts to the five listed consultants contingent upon satisfactory negotiation of fee structures. The City
Standard Form of Agreement will provide the contract document for this recommendation with project specific
Service Authorizations to be awarded at a later date.
Please place this item on the agenda for the April 20, 2004 Regular meeting for consideration by Commission.
Cc: Joe Weldon, Parks & Recreation Director
Randal Krejcarek, P.E., City Engineer
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTNG SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
ADDENDUM NO. 1
March 3, 2004
This addendum is hereby declared a part of City of Delray Beach RFQ #2004-23, and is
issued to provide the following supplemental information to interested parties:
A public meeting of the City's Selection Committee will be convened at 2:00 P.M,
Wednesday~ March 17~ 2004, in the City Hall First Floor Conference Room, 100 N.W
1st Avenue, Delray Beach, Florida to review evaluation criteria and discuss the review
and ranking process with Selection Committee members.
A final public meeting of the City's Selection Committee will be convened at 2:00 P.M.~
Wednesda.y~ April 14~ 2004, in the City Hall First Floor Conference Room, 100 N.W 1st
Avenue, Delray Beach, Florida to compile the committee's evaluations and establish
overall rankings of respondent firms.
In order to provide an adequate time flame for preparation of respondent documentation
and materials, RFQ packages will be accepted until 3:00 P.M.~ Thursday~ March 25~
2004 at the office of the Finance Director, 100 NW 1st Avenue, Delray Beach, Florida,
33444.
If you have any questions concerning this notification or the City's evaluation
procedures, please submit your questions in writing to Mr. Randal L. Krejcarek, P.E.,
City Engineer, City of Delray Beach, FL 33444. Fax number 561-243-7314.
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID ~2004-23
Pursuant to Florida Statutes Section 287.055, the City of Delray Beach is seeking to engage one
or more consulting firms.
The purpose of this RFQ is to enlist consulting services for the implementation of the City of
Delray Beach's 2004 Parks Bond Program. Successful consulting firms will be requested to
assist the City in the implementation of the internal studies for future capital improvement
projects as identified in the RFQ.
Ten (10) copies of the completed RFQ Package shall be submitted to Mr. Joseph Safford,
Finance Director, City of Delray Beach, 100 NW 1st Avenue, Delray Beach, Florida 33444, no
later than 3:00 PM on 18 March 2004.
SELECTION PROCEDURES
Selection will be in accordance with the Consultant's Competitive Negotiations Act, as mended,
Section 287.055, Florida Statutes. The Selection Committee shall evaluate the qualifications
submitted by the firms to develop a short-list. The selection committee may require public
presentations by consulting firms regarding their qualifications, approach to the project(s), and
the ability to furnish the required services.
The Selection Committee will evaluate all proposals received and select the consulting firms
considered best qualified to serve the City's interest for these assignments.
Ranking of firms and final selection will be based on the following criteria:
1. Consulting firms experience and past performance on similar assignments.
2. Experience and qualifications of personnel identified to work on listed projects
3. Governmental experience of consulting firm
4. Availability of resources to complete projects in timely manner
Requests for Qualification Packages may be picked up at the City of Delray Beach, Purchasing
Deparmaent, 100 NW 1s~ A{,enue, Delray Beach, FL 33444. Phone 561-243-7163.
All questions and requests for additional information in connection with this Request for
Qualifications and selection shall be directed in writing to Mr. Randal L. Krejcarek, P.E., City
Engineer, City of Delray Beach, FL 33444. Fax number 561-243-7314.
PUBLIC ENTITY CRIMES
A full executed sworn statement concerning Public Entity Crimes is required by Florida Statutes,
Section 287.133(3)(a) and will be required before a contract is executed.
CITY OF DELRAY BEACH
REQUEST FOR QUALHrICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID ~2004-23
I. GENERAL
The City of Delray Beach is seeking Requests for Qualifications (RFQ) from interested parties
for the purpose of provid'mg professional consulting services for implementation of the recently
passed City of Delray Beach Parks Bond. In January 2004, a bond referendum which included
proposals for the expansion of City Parks & Recreation services and facilities was approved by
the residents of Delray Beach. Parks & Recreation needs addressed in the bond program include
the acquisition of property for the development of new neighborhood parks as well as a new
Western Community Center. Other program components include development of a new Soccer
Complex and renovation of existing parks facilities in various locations throughout the City.
"Attachment I" included hereafter contains a list of projects and associated descriptions of
activities for which consulting services are being solicited under this RFQ.
H. SCOPE OF WORK
In order to accomplish the goals and objectives of the Parks Bond Program in a tiraely fashion, it
is the City's intent to enter into a contract with up to five (5) consultants with demonstrated
abilities to provide professional services including:
Coordination and administration of public outreach programs necessary to identify
neighborhood and regional recreational needs and establish individual facility
requirements based on stakeholder consensus.
Bo
Pre-design services including but not limited to site surveying, geotechmcal investigation
and analysis and traffic impact reporting and analysis.
Design services within the scope of the practice of recreational facilities planning,
architecture, engineering, and landscape architecture to provide preliminary and fimil
design, permitting, construction documents and establishment of preliminary and final
project budgets.
Do
Construction administration services and onsite observations to enable consultant's
certification as required by regulatory agencies and ensure that the facilities are
constructed in compliance with approved plans and specifications.
m. RFQ SUBMITTAL PACKAGE
Each submittal must include the attached cheek list labeled "Exhibit A". This check list must
appear immediately after the cover letter. To ensure that all submittals can be evaluated on an
2
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
equitable basis, the RFQ requires each respondent to provide the requested information in a
prescribed format and organization that excludes supplemental materials. Any supplemental
information included with the response must appear after the required materials and tabbed
"Additional RFQ Information", or under separate cover. The submittal package should be
organized as listed below with one tab for each item.
The submittal package should be organized in the following manner:
1. Cover Letter
2. Check List (Exhibit A)
3. Firm~eam organizational chart which includes:
· Individuals Name and Position
· Name of Firm
· Clear designation of one person who will be the main contact for the respondent
(If the respondent is a multi-firm team, please clearly identify all joint venture firms
and responsibilities of each ~.)
4. Proposed Project Team (Exhibit B)
5. Firm's description (Exhibit C) (One for each Firm included in submittal)
(All firms must be clearly identified in your submittal, and their ability to perform
assigned responsibilities must be demonstrated)
6. "Key S)~fing" sheet (Exhibit D) (One for each person included in the submittal package)
7. One completed S.F. 254 for prime consultant and each sub-consultant.
8. One completed S.F. 255 for prime consultant and each sub-consultant.
9. Brief (one page maximum) listing of similar previous park development and design
projects.
10. Demonstration of resource availability
Ten (10) copies of the RFQ's must be received in the office of the Purchasing Department, City
Hall, 100 NW 1~t Avenue, Delray Beach, FL 33444, no later than by 3.'00 p.m., eastern time, on
18 March 2004, at which time a list of respoudents will be made public.
In accordance with the American with Disabilities Act (ADA) this document may be requested
in an alternate format.
IV. EVALUATION AND SCORING
Submittals will be evaluated for ranking according to the following criteria:
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
PERSONNEL EXPERTISE AND 0UALIFICATIONS (1-40 points or 40%)
Demonstration of proposed project team: · Professional qualifications to perform work in applicable discipline(s)
· Knowledge of technical criteria and administrative requirements for projects of similar
scope.
· Past performance level in completing projects of similar size and scope.
FIRM EXPERIENCE (1-30 ooints or 30%~
Demonstration of Firm: · Qualifications to perform work in applicable disciplines.
· Past performance level in completing projects of similar size and scope.
GOVERNMENTAL EXPERIENCE (1-17 points or 10%)
Demonstration of past experience in providing consulting services to governmental agencies by
both the Firm and the project team.
AVAILABILITY AND COMMI'I2vtENT OF RESOURCES (1 to 20 points or 20%)
Demonstration of the Firm's ability to commit the technical and administrative resourcos
required to complete projects within established time frames, including responsiveness to
specific project requirements.
Thc Ranking Committee will evaluate respondents using the above criteria. Individual Raters'
evaluations will reflect total point scores and rankings based on those scores.
Overall rankings will be determined on the basis of the cumulative ranking from evaluation
sheets completed by the Rating Committee.
Ties will be resolved on the basis of the total point scores of the evaluation sheets.
4
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
ATTACHMENT I
PROGRAM BASIS:
In January of 2002, a Parks and Recreation System Master Plan was prepared to serve as an
evaluation and planning document for recreational services offered by the City of Delmy Beach
to residents and visitors. The Master Plan identified the need for certain new Parks and
Recreation Facilities and found that certain Recreation and Park Facilities should be improved
and/or expanded and enhanced. As a result of Master Plan findings, the following major projects
and their components have been identified as needed improvements within the City:
PROJECTS AND COMPONENTS:
1. New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
A. Acquire land for up to three neighborhood parks.
B. Construction/reconstruction equipping and development of up to three new neighborhood
parks.
C. Construction, development and equipping ora new soccer complex.
The City desires to create up to three new neighborhood parks. In order to create the
neighborhood parks up to three new park sites must be acquired. The neighborhood
parks will be developed and where practical shall include grassy areas, picnic tables,
barbeques, playgrounds, benches, pedestrian access, signage and shade trees and other
amenities that fit within the program dollars and as may be requested by residents. In
addition to the new neighborhood parks, a soccer complex will be developed. The City's
soccer program has grown significantly but is limited in expansion due to a lack of a
facility. The residents who are involved in the soccer program desire to expand and
improve the sport in the City, and a soccer complex would greatly serve this need.
D. The City desires to.make the following improvements to certain
existing parks.
1. Bexley Park
Cons~xuct, develop and equip Bexley Park located in the northwest area of the City to
include playground equipment, picnic pavilions, walking rails, play courts, restrooms,
parking areas, site lighting, landscaping, irrigation and site amenities (drinking
fountains, benches, picnic tables, etc.)
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID g2004-23
2. Boy Scout Hut Park
Construct, develop and equip the Boy Scout Hut Park with playground equipment,
walkways, play courts, parking areas, site lighting, landscaping, irrigation and site
amenities (drinking fountains, benches, picnic tables, etc.)
3. Lake Ida Park
Renovate and develop the City's portion of Lake Ida Park with gazebos, walking
trails, restrooms, parking area, site fighting, landscaping, hrigafion and site amenities
(drinking founding, benches, picnic tables, etc.)
4. Cornell Park
Construct, develop and equip the park with playground equipment, walkway trails,
site lighting, landscaping, irrigation, and site amenities (drinking fountains, benches,
picnic tables, etc.)
5. Pompey Park and the Community Center
Develop pedestrian connections, picnic areas and basketball courts.
6. Beach Park Improvements
Improve pedestrian oriented furniture (i.e. benches and tables) at the beach.
7. Other Parks Citywide
Upgrade and equip certain existing parks with benches, picnic tables, barbeque grills,
shade trees, playground equipment and walking trails.
Recreation Centers Projects
A. Acquire land and/or buildings for a western community center located in an area west of
1-95 to Military Trail and bordered to the south by Atlantic Avenue and to the north by
city limits of City.
6
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
B. Construct/reconstruct, develop and equip a new western community center.
There is a need for community meeting space, particularly for seniors, in the western
area. The facility could provide a simple space for recreation programming and
community functions.
C. Create a community park/recreation center at the Catherine Strong Center located in the
southwest area of the City.
Construct buildings and renovate existing center and rebuild to incorporate the facilities
deemed necessary by the southwest area community. The facilities may include such
recreation facilities as basketball courts, grassy areas for casual and org~mi?rd sports,
renovated children's playground and other buildings that may be necessary to integrate
the recreation center with the Boys and Girls Club's plans.
D. Create a neighborhood oriented'ff~:reation center at the Swim and Tennis Club located in
the southwest area of Delray Beach.
The neighborhood center may incorporate space for card games, civic or neighborhood
meetings or other small special functions.
E. Expand Pompey Recreation Center in the northwest area of the City.
Expand the Pompey Park Recreation Center in order to accommodate a larger meeting
space.
7
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THR PARKS BOND PROGRAM
BID #2004-23
EXBH~IT A
CONSULTANT CHECKLIST
Note:
1) This Exhibit must be included in RFQ immediately aider the cover letter.
2) RFQ Package must be put together in order of this checklist.
3) Any supplemental materials must appear after those listed below and tabbed "Additional
RFQ Information"
Cover letter
Copy of this Check List (Exhibit A)
Organi?~tional Chart
Proposed ProjectT~TM (Exhibit B)
Each Firm's Description (Exhibit C)
Key Staffing (Exhibit D)
S.F. 254 (One per Firm)
S.F. 255 (One per team member)
List of previous ~milar park development projects
Demonstration of ability to perform work within stated time
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
EXHIBIT B
PROPOSED PROJECT TEAM
Firm
Names by
Disei~Dline
Name & Address of
Office
Main or
Branch
Offic·
Certificate
Number
Expiration
Date
Discipline:
Discipline:
Disci line: I
Notes:
1) Typical Disciplines might include: Architect, Landscape Architect, Civil Engineer, etc.
2) Certificate Number is authorization to offer Professional Services from the Florida
Department of Professional Regulation (Boards of Professional Engineer, Architect's
Land Surveyors and Landscape Architects.
9
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
EXHIRIT C
(Complete one form for each finn on team)
SUBMITTING FIRM NAME:
TYPE OF FIRM:
CORPORATION INDIVIDUAL
IF CORPORATION, COlV~LETE THE FOLLOWING:
A. Date Incorporated:
B. State Incorporated:
C. Date Authorized in Florida:
D. President:
OTHER
E. Vice President:
IF PARTNERSHIP, COMPLE~ THE FOLLOWING:
A. Date organized:
B. Type: General Limited
C. Name of Partners
5. SECRETARY OF STATE'S CHARTER NUMBER
(Attach Copy)
6. FLORIDA STATE BOARD OF PROFESSIONAL
ENGINEERING/ARCHITECT/LANDSCAPE ARCHITECT REGISTRATION
NUMBER (DATE: Attach Copy)
7. FEDERAL EMPLOYERS IDENTIFICATION NUMBER
8. PROFESSIONAL LIABILITY INSURANCE? YES NO
IF YES, ANSWER THE FOLLOWING:
A. Policy Number:
B. Company Name:
C. Amount:
D. Expiration Date:
10
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
CONSULTING SERVICES FOR THE PARKS BOND PROGRAM
BID #2004-23
EXHIBIT D
KEY STAFFING
(Complete one sheet for each individual)
INDIVIDUAL'S NAME & TITLE:
AREA OF EXPERTISE:
FIRM NAME:
EDUCATION (DEGREF_ffEAR/SPECIALIZATION):
ACTIVE REGISTRATIONS (STATE/DISCIPLINE/NO.):
PERMANENT RESIDENCE (CITY, COUNTY, STATE):
General Notes:
· List last five (5) projects completed under the direction of each named individual. If
work was performed by another firm provide the name of that firm.
· Include a key staffing sheet for each proposed consultant staff member providing services
to the City of Delray Beach.
· THE CITY OF DELRAY BEACH RESERVES THE RIGHT TO APPROVE ALL
PERSONNEL BILLING TIME TO ITS CONTRACTS.
Project Name Date Client Name Address Telephone
Completed
1,
2.
3.
4.
5.
11
Agenda Item No. q (~
Request to be placed on: X Regular Agenda
_ Special Agenda
_ Workshop Agenda
AGENDA REQUEST
Date: April 14, 2004
When: April 20, 2004
Description of item (who, what, where, how much): Staff requests Commission approval of
contract awards for professional consu t n.q services required for implementation of the Parks &
Recreation Bond Proqram proiects to the firms of Kimley-Horn, Inc., CH2M Hill, Tetra Tech, Inc.,
Robert Walters Architects, Inc. and Robert G. Currie Partnership. Based on a review of
qualifications of fourteen respondents to the City's RFQ for the Parks Bohd
Pro.qram, these are the top five ranked firms as determined by the RFQ process. Contrac[
awards are cont n.qent upon satisfactory ne.qotiation of fee structures. Project specific Service
Authorizations will be recommended as needed to accommodate the timely administration of the
Parks & Recreation Bond ProRram,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contracts to the listed firms for provision of
professional consultinq services.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~'E~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
(if applicable)
fl.
?
J
8
8
[ITY OF DELRI3Y BEflCH
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
DATE:
TO:
MEMORANDUM
April 16, 2004
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Interlocal Agreement Between City and CRA Relating to the
Expansion of Old School Square, Land Acquisition, Parking Garage
and Downtown Park
The intedocal agreement provides that the CRA will turn over lands that they own
to the City, so that the City can construct a parking garage, and obtain additional
lands to be used as a park and future museum.
The CRA will consider the agreement at their April 22® meeting.
Please place the agreement on the City Commission agenda for April 20, 2004.
Attachment
Cc: Barbara Garito, City Clerk
Diane Colonna, Director of the Community Redevelopment Agency
Robert Federspiel, Esq.
AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA RELATED TO THE
EXPANSION OF OLD SCHOOL SQUARE~ LAND ACQUISITION~ PARKING GARAGE
AND A DOWNTOWN PARK
THIS INTERLOCAL AGREEMENT is made this __ day of ,
2004, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation
(the City) and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a
community redevelopment agency created pursuant to F.S. Chapter 163 (the CRA).
WITNESSETH:
WHEREAS, City and CRA both being governmental bodies desire to enter into
this Interlocal Agreement in order to expand Old School Square programs and
activities, provide for a parking garage, and once constructed, free up land to be used
as a downtown park; and
WHEREAS, the acquisition of land, the construction of a parking garage and the
making available of certain lands for a downtown park are valuable public purposes,
and will also enhance the economic viability of the City.
NOW, THEREFORE, in consideration of the mutual covenants and premises
herein contained, the parties hereby agree as follows:
1. The CRA owns or will acquire lands as shown in Exhibit "A" hereto. In the
event the CRA shall reasonably determine it is unable to acquire such real property in
the time set forth below, upon terms acceptable to the CRA, the CRA may terminate
this Agreement by delivering written notice to the City, and such termination shall
become effective immediately.
2. The City will acquire from the CRA, the lands as set forth in Exhibit "B" for
an amount which equals all of the CRA's acquisition costs for the land including, but not
Draft 4/16/04 1
limited to closing costs, attorneys' fees, appraisals and court costs. The CRA shall
utilize its commercially reasonable efforts to acquire and convey to the City the lands
no later than January 2005 and, if eminent domain is required, no later than June,
2005.
3. The City will construct a parking garage on the lands acquired by the City
from the CRA as generally shown in Exhibit "B" within 24 months of the acquisition of
the property.
4. The CRA will sell to the City the acquired lands as shown in Exhibit "C" for
a purchase price equal to 3 million dollars. A map is included in Exhibit "D".
5. The properties outlined above will be transferred by Special Warranty
Deed, subject to a contract for sale and purchase, subject only to permitted exceptions
and current taxes to be negotiated by the parties.
6. The parties reserve the right to modify this agreement to include additional
lands and to include a Request for Proposal process, if the parties believe that is in
their mutual best interest to do so. Either parties may in its sole and absolute discretion
for any reason, or no reason, decide not to enter into a revised agreement.
7. This Agreement constitutes the entire Agreement between the parties. To
be effective, any modifications shall be in writing and signed by the parties, and signed
by persons with authority to bind the parties.
This Agreement shall not be effective until signed by the parties to this
o
Agreement.
9.
This Agreement will be recorded in the Public Records of Palm Beach
County, Florida.
Draft 4/16/04 2
IN WITNESS WHEREOF, City and CRA have executed this Amendment to
Lease as of the day and year written above.
ATTEST:
City Clerk
Approved as to Form:
ClTYOF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Attorney
Witnesses:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
,2004 by
title of officer or agent) of
acknowledging), a
on behalf of the corporation.
take an oath.
before me this __ day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation,
He/She is personally known to me or has produced
(type of identification) as identification and did (did not)
Signature of Notary Public - State
of Flodda
Draft 4/16/04 3
Exhibit A
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Block 76, as recorded in ORB
13582, Pg. 0089; ORB 9969, Pg. 788; ORB 8860, Pg. 262; ORB 12835,
Pg. 1717; ORB 13860, Pg. 0881; ORB 10795; Pg. 621.
All as further described in the attachments hereto.
Page 2 of 2
http://oris.co.palm-beach, fl.us/or_webl/details ling.asp?doc id=llO33113&,~e count=-2R~t..
parcel la~d being pert o£ Lota I and 2, ~lock 76, DELRA¥ B~CH, accord~r~
to the plat thereo~, recorded ~ Plat B~k 1, Pa~e 3, o~ ~
Beach
c~ ~a~ ~nty, Flor~ ~ .... .~_.. . _ . ~Z~c Records
assu~ b~l~ ~ ~eb l~ne o~ said ~2e I a~ 2, a dts~ce ~ 70.64
r~ H S~ ~e~, ~0' ~, a~- the No~ast co~ o~ sa~d ~ ~; thence
the No~th l~e of sa~d ~c 2, a ~stance o[
125.0 Ieee. to~tersect~on ~th a ~ L0 feet East o~ ~d para~el ~ith
=he Wes= line ~[~d ~ts I a~ 2; t~ ~ ~e South. al~ said Parallel
l~ne, a d~stan~E
8~0 feet 2o a Point; 2~nce ~ S 89 de~ees SS' 32" E.
~i82ance o~ 124~e2 to t~
~ Point of B~i~in,.
IIIIIIIIIIIIIIIIIIIIII
li/l~il~ I-qll?lS'sf Jilli
P&],ll BI,ILk C~3un";y, FIo?:TLda
SEE E3GII~__.~ ATTAGHED HERETO AND MADE A PANT HEREOF
81'ATB OF IILORIDA
COUNTY OF PALM BEAC:H
EXHIBIT 'A'
the ~ line of Lol~n~2, a distance of 70.64 feet to a polnt t~,,,~ mn N. 8955' 32' W., ·
dint~mce of ~24.99 ffl~m intersecfio~ ora ~ te~ (10) feet ~ast ofe~! p s. mllel wit~ the West
to ~m mtet~ectmn with tl~e~e~ Une of said I.ot 2; thence r,m S. 8~ 07 30" Ea~ a]on~ the ~
Sou~ line. a distance o£~.~).,~ ~e po~t of be~tn~ns.
Xumdmo~ ~ 3.,3 -43 - &6 -'m S- 03.. O? 6.0030/03.00/03.22.
who b ~.=mx.~' Imowu m m ~ wto bm ~mduced
irox-~ 1~ ktah. J'~o=448
FAZe Mot
DELRA¥ BFJtCH L"~D~4UNZTY ~
IN THE CIRCUIT COURT OF THE 1STH
J~ICIAL CIRCUIT OF FLORIDA. IN
A~) HR PAhM BFJ%CH COUNTY.
C~H NO. CL 97-~937 A~-
S~la~ed ~na~en~ and F~I Order of ApPort~onmen~
C~ml ~d ~ Jo~ fo~low~ and the ~t ~i~in
all par=~ c~ce~ad~ the Court bin~ fully advised ~n the
prem2ses, ~= is =hereu~
1. ~t the Res~d~ B. V~ILL~. as o~er of
e~ proper~y descried i~%~d ~ibt= "A' ~ and
A~, the s~ oZ ~ ~dred Thir~ ~0~ Five .~dzed
00/100 ($23~,500.00) Dollars In f~d co. lace paten= for
pr~e~7 ~d improve~n=s =aken, ~ to cure. severance
property descried in ~hibit "A"
- ~ represents full,
Bclpulaced Final ~udgmenC and Final
Order o£ ~t~o~/onmenc
Case NO. CZ, 9q-3937 AG
· a~s 2
and £1nal c.ou!Mnsatton to Respondent. eXclusive of costs
[ eys gees, and Respondent vtll seek no
or mc~tes £rom Petltlono~ tn chis ca~e,
~, s~/~s~2 the sum og Figty-Sev~ ~ousa~ Five H~ed
~d 00/lO0 (~0.00) ~llars 1nco the court aeglsc~wlC~n cen
(10) days fr~ en~o~ c~, ~tipulat~ Fi~ ~enc.
s~ repres~cs C~ference between the sum Of~e Hundred
~o~an~00/~0,000.00) Do~l~o previously deposited
~c ~1sc~~c co c~ Order o~ ~in9 here~ ~ced
Sep~e~F 8, ~997 ~e Settlement ~o~t as s~cified
Par~raph 1 a~e.
d~crx~d in a~acbd ~~A~ which ~s~ed in Pe~i~i~er
pursu~ ~o ~he Order o~l~he de~si~ o~ moneM he~e~ofo~
u~. is hze~ appro~ed, ra~i~confim~.
rae ~nc~escs o~~enc, ~o~ ~. cZark,
Courh ReSist~ ~UrSU~t ~o ~he Ord~ki~ eneered
cauae ~d ~ld Responden~ vas dro~ed~a~rty ab his re~es~.
S. ~e interests oE Respond~ ~ F.
"=t:l. lmla'ced l~J. flml Jud~nt: ar~ P~na;].
Order of Appoz'tionms-t
Caee Z~o. CE, 97-3937 AG
Page 3
following the prior deposit made into the Court
Regi~/~reuant to the Order o£ Taking entered in this cause.
y~. Upon receip~ o~ the funds re,ired to ~ deposited
pur.~ ~aragra~h 2 ~ve,
~B~N, T~s~ ~, 203 S.~.
dLscrl~ ~o ~den2, ~ B. V~I~. 33130 ~or
7. ~e~ reta~ jur~od~c2~on ~o awa~ reasonable
a~=o~ey, s fees and~ he~Ln.
DO~ AND..0RD~in Chambera in Wast Palm Beach, Palm
Beach County, Flor2da o~his ~f) da,- - -'~-- --
~ ~ o~ · 1998.
Circuit Coufl Judge
.~Ce 200, ~8~ ~alm Beach. . · A., 16XS FO~ Place,
Order o£ Apportionment
Co, se HO. ~ 97-3937 AG
Page 4
and Pinal
foregoing Stipulated Final Judgment and Final Order of
1615 FOL'Uln
Suite 200
wear Palm ae~ 33401 Mi~, ~ 33130
~1o~ Ba~ ~237086
203 S.W. 13~h 8rreeC
FLorida Bar 50. 522910
That part of Lot 6, Block 76, map o£ the ?o~n
o~ ~nton (no~ Delray bach), ac~rdin~ ~o ~he
pla~ Chereo~ re~rd~ tn Plat ~ 1, ~ge 3
~og the ~1tc ~co~ o~ Pal~ Beach
~ori~, descried as folios.
~tn ac c~ 8ou~st co~ner 08 said ~c
%~/)henct M. 89 08'50' ~., alo~ the south line
~d ~t 6~ thence N. 0 00'00' ~., alon
~8 ~alleZ li~, 42.63 ~t; ~hence N. 90
0~'00~., 124.99 ~eec Co ~ eaag 1/ne
sa~6; 2hence 8. 0 00'00' g., along
eu~e, 44.49 ~eeb to ~he ~aid ~nt o~
t° 43 44'{4 01078 0070 ',,m, ],LILt LleC
Gs {or "~'""'"; ~ama~ ~im~mlmtt (m~a C)c{obe4' 24, 10~4~
In Plat Book 2. PaO~ lB, of ~ Recxxdm ol'F~dm Baaeh Caune~, Flodde.
and b add Land Treat ,l~reement and b blndk~ u~n d i~.d~l.,l~ ihmwund~r. (r.) thnt sald Tnmtee m
Ihe 8mt~ end Coun~
me er Mto hm~ imxJue~
I HB~BY r.,~"llPY fl~mll ~ml th~ dm~ hmfom mm m olrmm. ¢~¥ mu~i~l in Ibm 81mm mhd ~un~
IIIIIIIIIIIIIIIIIIIIII
Quit Claim Deed
-'~~ml~ . ....... -~--~ ~a ~
BOOK ~3~M
I)of,othy
Exhib~B
Lots 1, 2, 7 and 8 of Block 76, as shown on the attached exhibits.
Page 2 of 2
Warran~ lind
http://oris.co.palm-beach.fl.us/or_webl/details_img.asp?doc id=llO33113&ul eount=2&t... 11/6/2003
i
cf PaZ~ Beach Cou.~, -, J Book ]., Pac~ ~ ~ ~ , ccord~.r, cj
absurd b~n~l~ ~ ..... eld Lo~
~eet to t~ -~ ~.~ ~ine o~ said ~ts - .... ' ~ ~e North, au
..5.0 ~eet ~o~. ...... ; ~ -.e ~=~ l~e of -=i~ .-- - ~' ~; thence
l~ne, a d~stan~sfl~s.~ ~ 2; thence g~
~,~-~ ~o c~ Po~t of B~i~[ng. o~ ue~es 55' 32" E.
IIIIIIIIIIIIIIIIIIIlll
&'FATE OP ~LORIDA
COUNTY OF PALM BEACH
~
8UB,IECT TO: mdw, m,i~ .,------ ~ mid enr
9tm EXHI~.~.~ ' ATTACHED HIERETO ~JCD MADE A pAITr HEiIEOi,
8TAT~ OP F1.C~IDA
4~XJNTY C~' p.qJk4 BE~
and ~OLmty
· uflG~r '
104 TImber~e Tf~f
STATE OF ~
COI..NTY OF PALM BEACH
Exhibit C
Lots 3, 4, 5, 6, 9, 10, 11 and 12, as shown on the attached documents.
lrO:L'~h 3ts, BeaM~, lf/o~:Ld- 33408
i~Xa Mo.
f~hednl~ &
~~ for ~
89° 08' SOS
.~ aim ~ Sj ~o ~h OeOO'OOU h~,
~ XSSX, of ~b ~Ha ~ of Pah Bu~ ~, FlorA~.
~ 11, ~
DEL~A¥ B~CH a~4UNITY ~
ZN ~ CZRCUI? COURT OF THR ~.STH
JL~)ICLKL C~RCUZT OF FLORZDA, ZI~
AND FOR PAI~4 B~J~CH COUNTY.
~or all part~esconcerned~tha Court being £ul~y advised in the
premises, ~C £s ~h~eupon ~.~, '
L. ?hat the Res~nd ~ B. V~B, ~s ~er o~
~ re~ property descried i~;~d ~ibic "A' ~ a~
a~ 00/~o0 ($22~,soo.0o) Do~rs ~n ~ cOmPete pa~en~ ~oF
~he pF~e~ ~d imp~ovaMn~s taken, ~ ~o tutu, severance
d~ges, and ~uees or c~e~u o~ w~ev~ure as ~o ~he real
property descried in ~h~b~ .As. Sa~[epresents full,
counsel ~nd a~ Bet lo. below; and tha Court £/ndlng that the
compensation to be paid~rPetitioner is tull, reasonable and fair
~ laet~.tLoner0 ~ ~ ~
vs. ./.\ ~ o~ -' ,
~Z~USE c~e upon the ~oint ~tE~ fo= ~ of m
St$~lated FSna~ent ~d F$~ O=deF of AppoFt$o~ent ~de b~
~s~C, O~E ~ZL~, ~ and C~o~h ~he~ u~ersLgned
8tXgu/eted ;;~! ~udg~ent and
Order of APPo~tLonment
Case NO. CL 99-3937 AG
Page 2
complete an~ £inal ec~erma~icm to Respondent, exclusive o~ cosbs
and e~neys £ees, and ~spondent will seek no further
~ceEc~ costs a~ atto~eys fee~. .0
~, s~/d~eit t~ sum of Fi~ty-Sev~ ~usa~ Five H~ed
~d 00/~00 (~0.00) ~llarl into the C~rc ~egisc~ wick. ten
(~0) days f~r~n~ of C~s S~a~ Fill
s~ re, resets C~ference between C~ sum of
~. =~ ~ u~ ~raer o~ T~l~ herein ~Ced
Sep=e~r 8. 1997 an~ Settle~nt ~t as
Bar.rash I ~e.
LAUR~NC~ K.
· 3. ThaC fee ~.e title co the lands as legally
described in abtached P. xh~ #A" which vested in ~et' '
1~ zt~oner
pursuant to ~he O~er o~ ~i~-
-~ ~n= ae~sic oz money heretofo~
~, is ~re~ approved, ra=~ con~i~ed.
4.
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Exhibit D
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75
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # Q[~ - REGULAR MEETING OF APRIL20, 2004
CONSULTING AGRI~EMENT/TETRA TEI~H WI-IS
APRIL 16, 2004
This is before the Commission for approval of a consulting agreement between the City and Tetra
Tech WHS in an amount of $16,600.00 for a needs and priorities assessment for the Western
Community Center and Pompey Park expansion components projects funded by the Parks &
Recreation Bond Program.
The agreement includes a review of existing fac'titles (Pompey Park) and pertinent Parks & Recreation
System Master Plan data, facilitation of meetings with facility stakeholders to identify service needs
and organization and presentation of consensus development requirements to form the basis for
subsequent facility planning.
Funding is available from 380-4150-572-62.58 (2004 Parks and Recreation Bond Construction Fund)
Recommend approval of a consulting agreement between the City and Tetra Tech WHS in an amount
of $16,600.00 for a needs and priorities assessment for the Western Community Center and Pompey
Park expansion components projects funded by the Parks & Recreation Bond Program.
S:\City Clerk\agenda memos\Consulting Agreement Tetra Tech WHS.04.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. mydelraybeach.com
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director (~
CONSULTING AGREEMENT WITH TETRA TECH WHS
TO:
FROM:
SUBJECT:
DATE: April 16, 2004
Attached is an agreement for professional consulting services between the City and the firm of Tetra
Tech WHS for performance of a Needs and Priorities Assessment for the proposed Western
Community Center and Pompey Park Expansion components of the Parks & Recreation Bond
Program.
The first order of business in implementing planning for a Western Community Center is the
acquisition of property suitable in size and location for the development and construction of facilities
to serve the recreational needs of the western communities of Delray Beach. Both location and size
of the necessary land for the facility will be dictated by the identified needs of the communities to be
served. In similar fashion, an assessment of the needs within the community for supplemental
facilities at Pompey Park is a necessary first step in planning the expansion of that facility. The
identification, assessment and prioritization of service requirements for both proposed facility
improvements are the focus of this agreement.
The scope of the agreement includes review of existing facilities (Pompey Park) as well as pertinent
information developed and presented in the Parks & Recreation System Master Plan. A series of
interviews and public workshops will be scheduled with organizations identified as stakeholders in
the development of both facilities to solicit input and develop consensus for the types of services and
activities that should be incorporated in project planning. The consultant will facilitate these
meetings and organize the data acquired into a Recommendation Memorandum. After review of the
draft memorandum by the City, a final submittal will be prepared and will form the fundamental
parameters used in subsequent land acquisition and facility planning activities.
The contract fee for these services is $16,600.00 with funding available in account # 380-4150-572-
62.58.
Please place this item on the April 20, 2004 agenda for consideration by Commission.
Ce~
Joe Weldon, Parks & Recreation Director
Randal Krejcarek, P.E., City Engineer
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this __ day of ., 20__, by and
between the CITY OF DELRAY BEACH (hereinafter called CITY) and Tetra Tech
WHS (hereinafter called CONTRACTOR).
WlTNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements
pursuant to all covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job requirements.
The CONTRACTOR further acknowledges that the bid price includes all costs and
expenses required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the
following documents which are attached hereto and incorporated herein by reference of
the following:
CONTRACT DOCUMENTS
Standard Form of Agreement
Corporate Acknowledgment
Certificate
Insurance Requirements
Sample Insurance Form
Drug Free Work Place Certification
Exhibit A - Letter of Agreement
Exhibit S - Schedule of Hourly Rates
PAGE NUMBERS
1-4
5
6
7
8
9
10 - 13
14 - 15
4. The term of this contract shall commence on the date indicated on the
Notice to Proceed.
5. This agreement shall be governed by the laws of the State of Florida as
Now and hereafter in force. The venue for actions arising out of this agreement shall be
Palm Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City:
As to CONTRACTOR:
City of Delray Beach, FL
100 N.W. 1st Avenue
Delray Beach, FL 33444
Tetra Tech WHS
1901 South Congress Avenue, Suite 150
Boynton Beach, FL 33426
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this' contract and, specifically, the
CONTRACTOR shall not assign any moneys due or to become due without the prior
written consent of the CITY.
8. The CITY and the CONTRACTOR each binds himself, his partners,
successors, assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the contract documents.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers,
agents and employees, from or on account of any liabilities, damages, losses and costs
received or sustained by any person or persons by or in consequence of any negligence
(excluding the sole negligence of the CITY), recklessness or intentional wrongful
misconduct of the CONTRACTOR and any persons employed or utilized by the
CONTRACTOR in the performance of this Project. CONTRACTOR agrees that
negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use
of any improper materials or liabilities, damages, losses or costs caused by or on
account of the use of any improper materials. CONTRACTOR agrees that negligent,
reckless or intentional wrongful misconduct also includes but is not limited to the
violation of any Federal, State, County or City laws, by-laws, ordinances or regulations
by the CONTRACTOR, his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against the CITY on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions that
may be brought against the CITY for the infringement of any and all patents or patent
rights claimed by any person, firm, or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend
at his own expense or to provide for such defense, at the CITY'S option, any and all
claims or liability and all suits and actions of every name and description that may be
brought against the CITY which may result from the operations and activities under this
Contract whether the construction operations be performed by the CONTRACTOR, his
subcontractor or by anyone directly or indirectly employed by either. This
indemnification includes all costs and fees including attorneys fees and costs at trial and
appellate levels.
The CITY will pay to the CONTRACTOR the specific consideration of ten dollars
and other good and valuable consideration as specific consideration for the
indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that
the bid price includes said consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both
the CONTRACTOR and the CITY.
11. The contract documents constitute the entire agreement between the
CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly
executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to form:
City Attorney
WITNESS:
(Print or type name and title)
4
Richard E. Duff, Jr., ASLA, AICP
Vice President
(Print or type name and title)
(SEAL)
CORPORATE ACKNOWLEDGMENT
STATE OF Florida
COUNTY of Broward
The foregoing instrument was acknowledged before me this 12th day of April,
2004, by Richard E. Durr, Jr., Vice President (name of officer or agent, title of officer or
agent), of Tetra Tech WHS (state or place of incorporation) corporation, on behalf of
the corporation.
He/She is (personally known to me)/'-- :- ..... '~ .... ,~ ",~-,,*~;,-~*=~.-
~ ...... ~ ....................... ) and has used
his/her (type of identification) as identification.
Signature~bFPe~/~)n Taking
Acknowledgment
Name of Ackn'owledger Typed,
Printed or Stamped
CERTIFICATE
(If Corporation)
See Attached Power of Attorney
STATE OF FLORIDA
COUNTY OF
)
) ss
)
)
I HEREBY CERTIFY that a meeting of the Board of Directors of
, a corporation under the laws of the State of
held on
resolution was duly passed and adopted:
., 20___, the following
"RESOLVED", that , as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated ., 20__, between the City of Delray Beach,
Florida and this corporation, and that his execution thereof, attested by the Secretary of
the Corporation and with corporate seal affixed, shall be the official act and deed of this
corporation". ~
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this day of
(Secretary)
(Seal)
6
TETRA TECH, INC.
POW-ER OF A'vrORNEY
Tetra Tech, Inc., a Delawaro corporation (the "Corporation"), hereby makes,
constitut~ and appoints C. Zachary Fuller as its true and lawful agent and attorney-in-
fact, to act on behalf of the Corporation for the purpose of executing all bids, proposals,
contracts, sub-con, acts and other associated documentation, not to exceed One Million
Dollars ($I,000,000.00).
THIS POWER OF ATFORNEY is limited to the above referenced acts, and shall
become null and void upon the date on which C. Zachary Fuller is no longer employed by
the Corpora~on.
WITNESS my imnd and tbo ~ this 4th day of March, 2004.
By:
TETRA TECH, INC.,
Vice Pr~idznt, ~ Counsel and
3475 ~ Fora:hill Boulevlrd, Puiden& CA 91107
Tm/ 626,.3SI.4664 FILX626351.S291
www. t~ea'l~ch, com
INSURANCE REQUIREMENTS
A. GENERAL
During the term of the contract with the City, the contractor shall procure and
maintain insurance of the types and to the limits specified in paragraphs (1) to (4)
inclusive below.
B. COVERAGE
Except as otherwise stated, the amounts and types of insurance shall conform to
the following minimum requirements:
1. Worker's Compensation - Coverage to apply for all employees for
Statutory Limits in compliance with the applicable State and Federal Laws. In addition,
the policy must include Employers' Liability with a limit of $100,000 each accident.
2. Comprehensive General Liability - Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General Liability Policy
filed by the Insurance Services Office and must include:
a) Minimum limits of $300,000 per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability.
b) Premises and/or Operations.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) No exclusion for Underground, Explosion or
Collapse hazards.
3. Business Auto Policy - Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the Insurance
Service Office and must include:
a) Minimum Limits of $300,000 per occurrence combined single limit
b)
c)
d)
for Bodily Injury Liability and Property Damage Liability.
Owned Vehicles.
Hired and Non-Owned Vehicles.
Employer Non-Ownership.
4. Certificate of Insurance - Certificates of all insurance evidencing the
insurance coverage specified in the previous Insurance Administrator prior to
commencement of work. The required certificates of insurance shall not only name the
types of policies provided, but shall also refer specifically to this bid and section and the
above paraqraphs in accordance with which such insurance is beinq furnished, and
shall state that such insurance is required by such paragraphs of this contract. The
successful bidder will include the City of Delray Beach as additional insured. If the initial
insurance expires prior to the completion of the work, renewal certificates shall be
furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation
section of the Insurance Certification the works "endeavor to" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" shall be crossed out as indicated on the attached "sample of
Insurance Certificate".
*NOTE: See "Sample of Certificate of Insurance" for example format.
Certificate of Insurance
Tetra Tech WHS
· OP ID 09/2a/03
ACORD. CERTIFICATE OF LIABILITY INSURANCE m=z_2~l ~'~
,eoouc~ THB C ERTIIqCATE la laaUED AS A MATTER OF INFORMATION
CERTIFICATE HOLDER
CANCELLATION
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submits a
certification with their bid/proposal certifying they have a drug-free workplace in
accordance with Section 287.087, Florida Statutes. The drug-free workplace
preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free
workplace programs. Whenever two or more bids which are equal with respect to price,
quality, and service are received by the State of by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug-free workplace program.shall be given
preference in the award process. Established procedures for processing tie bids will be
followed if none of the tied vendors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with
the following requirements:
1) This firm publishes a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2) This firm informs employees about the dangers of drug abuse in the workplace,
the business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties that
may be imposed upon employees for drug abuse violations.
3) This firm gives each employee engaged in providing the commodities or
contractual services that are under bid a copy of the statement specified in subsection
(1).
4) In the statement specified in subsection (1), this firm notifies the employees that,
as a condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of
any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
5) This firm imposes a sanction on or requires the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6) This firm will continue to make a good faith effort to maintain a drug-free
workplace through implementation of this sectio~ ~ j/,~A
Tetra Tech WHS
Contractor's Name Signa}ure - Ri(~ard E Durr, Jr.
Exhibit A
Letter of Agreement (Scope)
TETRA TECH, INC.
Infr~sa'ucture Group
WHS Opera, on
LETTER OF AGREEMENT
February 18, 2004
Revised March 30, 2004
Richard C. Hasko, P.E.
Director of Environmental Services
434 S. Swinton Avenue
Delray Beach, FL 33444
Hereinafter referred to as CHeat.
Tetra Tech, Inc.
1901 S. Congress Avenue, Suite 150
Boynton Beach, FL 33426
Hereinafter referred to as Tetra Tech.
Re: Dekay Beach / Community Center Needs Assessment
Tetra Tech Project #8186.P1
Dear Mr. Hasko:
Tetra Tech is pleased to provide this Letter of Agreement to the City of Delray Beach. (Client). The Client
desires to retain Tetra Tech to prepare a Community Center Needs Assessment for the City of Delray Beach.
All services shall be provided based on the additional terms and conditions detailed in the attached Hourly
Rate Schedule and Supplemental Terms of Agrecraent.
1.0 Scope of Servtces
Part I - Needs and Priorities Assessment
1.1 Project Mnnngement - In addition to the specific services detailed below, Tetra Tech shall provide
services for management of the project including coordination with the Client's representative, monitoring
the project schedule as it relates to this scope, and timely invoicing and reporting of project progress.
1901 South Conlress Avenue, Suite IS0, BO~ Beach, FL 33426
Tel 561,738.0133 Fax S61,738.6157
2101 North Andrev4 Avenue, Sulr~ 300, Ft. taudendale, FL 3331 I
Tel 954,566.8341 Fax 954,565,5421
1560 North Oranfe Avenue, Suite 240, Winter Park, FL 32789 4601 Ponce de Leon Boulevard, Suite 220, Coral Gables, FL 33146
Tel 407,426.9040 Fax 407.426.9007 Tel 305.663.5777 Fax 305.663.5781
Mr. Richard Hasko
March 30, 2004
Page Two
1.2 Review Existing Documents - Tetra Tech will review the data within the Parks and Recreation System
Master Plan completed in 2002. The Client will provide a site plan for the existing Pompey Park. Tetra
Tech shall notify the Client if any additional information is required or requires updates. Specific
information to be reviewed shall include previous service area analysis as well as meeting minutes fi.om
previous workshops and focus group meetings.
1.3 Kickoff Meeting - Tetra Tech will meet with City staff to kickoff the project. Agenda items may include
review of project timeline and expectations, base information and observhtions.
1.4 Public Workshops and Interviews - Tetra Tech will conduct the following meetings/workshops to
det~mdne community center needs and priorities:
,, Elizabeth Lugo - Mae Volen Center
,, Seniors Focus Group
· Youth Council
· Delmy Mom's Club
* Homeowners Associations with 33445 zip code
* Parks Depaximent Staff
· Southwest President's Association
· Northwest President's Association
· Interviews with City Manager and City Commissioners
· Two (2) Public Workshops - one located a Pompey Park, the other at the Community Center.
The Client shall be responsible for scheduling appropriate meeting moms, invitations to the workshops
and meeting room setup. Tetra Tech will facilitate the meetings, prepare a presentation with pertinent
speaking points, and document meeting minutes. It is anticipated that there will be no more than eight
(8) meetings required.
1.5 Draft Recommendation Memorandum - Tetra Tech will compile the information gathered from the
workshops as well as Pompey Park site analysis and submit a draft recommendation memorandum to the
Client for review. Specific information included shall include but not limited to the following regarding
the proposed Western Community Center and the proposed addition to Pompey Park:
· Type of programs desired
· Types and sizes of facilities required to meet current and future needs
· Other pertinent information to determine the magnitude of improvements needed to meet
current and future needs
1901 South Conlress Avenue, Sulte 150, Boynton Be~d~ FL 33426
Tel S&1.73~.0133 Fax 561.738.6157
2101 Nor~ Andrews Avenue, SuRe 300, Fc Lauderdale, FL 33311
Tel 954.56&~341 Fax 9S4.56S.S421
IS&0 Noe~ Change Avenue, Suite 240, Winter Park. FL 32789 4601 Ponce de Leon Boulevard, Suite 220, Coral G~bles, FL 33146
Tel 407.426.9040 Fax 407.426.9007 Tel 30S.6&3.S777 ~ 305.6&3.$7Sl
Mr. Richard Hasko
March 30, 2004
Page Three
1.5
Review of Memorandum - Tetra Tech will submit three (3) copies of the dra~ memorandum for City
review. The City will provide Tetra Tech with one (1) consolidated set of edited, written review
comments.
1.6
Revisions and Final Memorandum Submittal - Tetra Tech shall revise the memorandum one (I)
time and submit three (3) copies of the revised memorandum for final approval. Tetra Tech shall also
create a Powerpoint Presentation summarizing the findings of the memorandum for presentation
purposes.
Part I- Deliverables: · Three (3) copies of the Draft Memorandum
· Three (3) copies of the Final Memorandum
· One (1) electronic copy of the Powerpoint presentation
PART H - Additional Services
1.7
Additional Services - Tetra Tech will provide Additional Services as mutually agreed upon between
Tetra Tech and the Client. Those services may include, but are not limited to the following:
· Additional meetings, workshops, presentations
· Individual facility site plans, sketches and/or construction documents
· Additional work necessary to accommodate additional revisions
· Additional copies of work products
· Addit/onal work required to secure base information not provided by the Client
2.0 Project Schedule
Tetra Tech is prepared to begin work on the project immediately upon receipt of this executed Letter
of Agreement. Tetra Tech, in consultation with the Client, shall perform its work in such a manner as
to comply with an agreed upon schedule.
3.0 Assigned Personnel
The following personnel fi.om Tetra Tech will be assigned to this project, and will have the
responsibilities described:
1901 South Congress Avenue, Suite IS0, Boynton Be~ch, FL 33426
Tel 561.738.0133 Fax 561.738.6157
2101 North Andrews Avenue, Suite 300, Ft. Lauderdele, FL 33311
Tel 9S4...~&.8341 Fax 9S4.S65.5421
I S60 North Orange Aven~, Suite 240, Winter P"ark. FL 32789 4601 Ponce de Leon Boulevard, Suite 220, Coral Gables, FL 33146
Tel 407.426.9040 Fax 407.426.9007 Tel 305.663.5777 Fax 305.(~3.$781
Mr. Richard Hasko
March 30, 2004
Page Four
4.0
4.1
4.2
4.3
4.4
5.0
5.1
5.2
5.3
5.4
Richard E. Durr, Jr., ASLA, AICP
Rebecca Rodgers, AICP
Compensation
-Principal-In-Charge (E9)
-Senior Planner (E7)
The Fee for Part I shall be a lump sum fee of $16,600 (sixteen thousand six hundred dollars). Direct
Expenses are included in the fee, as further detailed in the attached Hourly Rate Schedule.
The fee for Par~ Il, Additional Services, shall be billed as an agreed upon fixed fee or on an hourly
basis using the attached Hourly Rate Schedule.
Hourly Rate Schedule / Other Direct Costs - Please refer to the attached Hourly Rate Schedule for
more information about hourly rates and other direct costs.
Retainer - No retainer is required.
Client Responsibilities
Client shall designate a Project Representative immediately upon execution of this Letter of
Agreement, who shall be Tetra Tech's point of contact with the Client.
Client shall provide full information to Tetra Tech regarding project requirements and constraints
including, without limitation, a program setting forth ~E Client's objectives, and shall provide all data,
drawings, information or other resources requested by Te~ra Tech that are necessary for completion of
the project as stated in the Scope of Services.
Client shall comply with any schedule requirements made known to the Client by Tetra Tech and, in
any event, shall be available to meet with Tetra Tech and provide decisions in a timely manner
throughout the project.
Client shall be responsible for all other aspects of the project not specifically assigned to Tetra Tech
under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service.
1901 South Gonlress Avenue, Suite IS0. Boyr~m Belch, FL 33426
Tel 561.738.0133 Fax 561.738.6157
2101 North Pe~rews Ava, toe, Solte 300, Pc. Lauderdl~ FL 3331 !
Tel 954.S66.8341 Pax 954.565.5421
I$~0 Na"~h Oranle Avenue, Suite 240, Winter Park, FL 32789 4~01 Ponce de Leon Bouleord. Suite 220. Co~l Gable, FL 33146
Tel 407.426.9040 Fax 407.426.9Q07 Tel 30SX~63.5777 ~ax 30S.063.5781
TETRA TECH WHS
SCHEDULE OF HOURLY RATES
RATES EFFECTIVE JANUARY 1, 2003
APPLIED TO DELRAY BEACH PROJECTS
HOURLY RATES FOR PERSONNEL
1. Professionals
Engineers (E). Land Surveyors (L). Plmm~rs (P), CPA (C), Envirenmental Scientists (S)
a. Grades 1 and 2
b. Grade 3
c. Grade 4
d. Grade 5
e. Grade 6
f. Grade 7
g. Grade 8
h. Grade 9
2. Engineering & Surveying Technicians
Grade 1
b. Grade 2
c. Grade 3
d. Grade 4
e. Grade 5
3. Drafters & Illustrators
a. Grade 1
b. Grade 2
~' c. Grade 3
d. Grade 4
4. Resident Project Representatives
a. Grade 1
b. Grade 2
c. Grade 3
d. Grade 4
e. Grade 5
5. Field Survey Parties
a. 2-Men Party
b. 3-Man Party
6. Project Support Assistants
a. Grade 1
b. Grade 2
c. Grade 3
d. Grade 4
7. Administrative Support
a. General Office
b. Accountant land 2
c. Accountant 3
This schedule is reviewed annually.
$60.00/Hr.
=. $70.00/Hr.
= $80.00/Hr.
= $90.00/Hr.
= $105.00/Hr.
= $115.00/Hr.
= $125.00/Hr.
= $150.00/Hr.
= $40.00/Hr.
= $50.00/Hr.
= $55.00/Hr.
-- $65.00/Hr.
= $75.00/Hr.
= $30.00/Hr.
= $40.00/Hr.
= $45.00/Hr.
= $55.00/Hr.
= $50.00/Hr.
= $55.00/Hr.
= $65.00/Hr.
$75.00/Hr.
$90.00/Hr.
$105.00/Hr.
$120.00/Hr.
$35.00Prlr.
$45.00/Hr.
$55.00/Hr.,
$65.00/Hr.
= $30.00/Hr.
= $45.00PAr.
= $55.00/Hr.
Page 1 of 2
TETRA TECH WHS
SCHEDULE OF HOURLY RATES
RATES EFFECTIVE JANUARY 1. 2003
OTHER CHARGES
1. Expert Witness Services
a. "On-Call" Time at Cour~x~m and Testimony
b. Pre-Trial Consultation
2. Transportation and Travel
a. Transportation Fares, Lodging and Subsistence
b. Automobile Mileage
Reproductions
a. Blackline Prints
b. Photocopies (Standard)
c. Photocopies (11" x 17")
d. Outside Printing Service
4. Recording and Permits Fees
Services of Outside Consultants
(Electrical/Mechanical Engineering, Environmental Consultants
Engineering Testing Laboratories, Photogrammetry, .Tifl~e ~d~
Abstracting Services and Other Outside Consulting ~ces)
6. Special Field Supplies
7. Electronic Survey Equipment
a. Modular Survey System (Total Station)
b. Global Positioning System (GPS)
Computer Aided Design/Drafting (CADD)
a. Computer Design Systems
b. Computer Drafting Systems
c. Geographic Information System (GIS)
9. Delivery and Courier Services
10. Telecommunication Services
11. Document Processing Services
= $250.00/Hr.
(Min. Chg. 4 Hrs./Day)
= ~ Hourly Rate
= Cost Plus 15%
$0.32 Per Mile
$0.20/Sq. Pt.
$0. I 0/Shect/Side
$0.20/Sheet/Side
Cost Plus 15%
CostP~s15%
Cost Plus 15%
At Cost
$10.00/Hr.
$100.00/Hr.
$10.00/Hr. **
$20.00/Hr. **
$25.00/Hr. **
Cust Plus 15%
$1.50/Direct Hour
$2.55/Direct Hour
** Per hour of actual computer use. Charge includes in-house software library but does not include operator.
R~lm~arges4)3
Pnge 2 of 2
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item No. ~-~. ~:.
Date: April 15, 2004
When: Apd120, 2004
Description of item (who, what, where, how much): Staff requests Commission approval of an
a.qreement with Tetra Tech WHS for provision of professional consultinq services in conjunction
with the Western Community Center and Pompey Park Expansion components of the Parks &
Recreation Bond Program. Scope of the agreement includes review of existinq facilities and
pertinent Parks & Recreation System Master Plan data, facilitation of meetings with facility
stakeholders to identify service needs and organization and presentation of consensus
development requirements to form the basis for subsequent facility planning. The total fee for
these services is $16,600 with funding available in account # 380-4150-572-62.58.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of agreement with Tetra Tech WHS for
performance of a Needs and ~'i~rities Assessment for the Western Community Center and
Pompey Park expansion. // ,/ ~ __ ,,"'-h
Department head signature: '5/'-~/~ ~ 0,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re...q~ on all items involving
Funding available: E~_..~O
Funding alternatives: ?.,.~,
Account No. & Descdption:,~,~
Account Balance:
expenditure of funds):/~,
(if applicable)
City Manager Review:
Approved for agenda: ~/NO ~Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
CITY I)F DELRrlY BEACH
CITY ATTORNEY'S OFFICE mw., ...
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE: April 16, 2004
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to the Solid Waste Franchise Aqreement/Settlement of
Lawsuit with Southern Waste Systems
Southern Waste Systems (SWS), a construction and demolition (C&D) roll off
provider has sued the City and Waste Management (WM) over the City's
franchising of C&D roll off containers. Under the franchise, only Waste
Management is allowed to provide C&D containers to construction sites within the
City. When WM took over the franchise from BFI they agreed to defend and
indemnify the City and hold harmless the City in this litigation.
WM has handled the litigation on the City's behalf and now recommends that to
settle the litigation that the City and WM revise their franchise agreement in
accordance with Amendment No. 2. Amendment No. 2, attached hereto, to the
Solid Waste Franchise Agreement provides that WM may subcontract a portion of
the C&D roll off business to Southern Waste Systems (SWS). WM shall still be
responsible for the franchise fee payment to the City for all collections made by
SWS as well as compliance by SWS regarding all of the terms and conditions of
the Franchise Agreement. The Amendment further provides that WM shall
indemnify, defend and hold harmless the City from any other claims brought by
persons challenging the City's rights to franchise C&D during the term of the
Agreement.
City Ordinances set a maximum dollar amount that may be charged for each "pull"
of the roll off container. This maximum amount does not include the disposal
charge. WM has represented that a majority of their customers as well as SWS
customers prefer a set dollar amount for each "pull" that includes the disposal
charge. This Amendment provides that if requested by WM, and the City concurs,
the City shall amend its ordinances to provide for a maximum charge to the
customer inclusive of the disposal charge.
SWS and WM have come to terms regarding this case and recommend that the
City approve this Amendment to complete the settlement. The effective date of
the Amendment and settlement shall occur upon the City receiving the appropriate
releases from SWS.
Please place this item on the April 20, 2004 City Commission agenda. Please call
if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Joe Safford, Finance Director
AMENDMENT NO. 2 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED SEPTEMRFR 20, 2001
THIS AMENDMENT NO. 2 to the Solid Waste and Recycling Collection Franchise
Agreement dated September 20, 2001 is made this __ day of ,2004 by
and between the CITY OF DELRAY BEACH (the City) and WASTE MANAGEMENT,
INC. OF FLORIDA (nWM").
WITNESSETH:
WHEREAS, the City and WM desire to amend the Agreement to allow for the
subcontracting of a portion of the construction and demolition ("C&D') roll off; and
WItEREAS, the parties desire to amend the ordinance to provide for a change in the
roll off collection fee for C&D to address market conditions; and
WHEREAS, as set forth herein, WM shall agree to indemnify, hold harmless and
defend the City regarding any litigation brought against the City regarding the franchising of
construction and demolition debri during the term of the Agreement; and
WHEREAS, Section 37 of the Franchise Agreement between the City and BFI requires
that BFI obtain City approval for the subcontracting of a portion of the C&D roll off service;
and
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated September 20, 2001, is hereby amended to provide that
the City hereby consents to the subcontracting of a portion of the C&D roll off container
service to Southern Waste Systems. WM shall continue to pay all franchise fees associated
with C&D roll off and shall continue to be responsible under the terms and conditions of the
Agreement.
3. I~ City agrees to modify Section 51.70 of the Code of
Ordinances to provide for a flat rate for C&D roll off collection service, t '
the City shall ne~,otiate a maximum her null mount. ~n an a--nz, unt .-.ct :z. cxc. z~ $ per
4. WM agrees to indemnify, defend and hold harmless the City, with regard to any
claim, lawsuit or any other action brought against the City as a result of the franchising of
C&D, which includes, but is not limited to, the payment of attorney fees and costs at the trial
and appellate levels. WM shall not be required to pay any damages to the City under the
indemnification and hold harmless provisions, provided, however, WM shall pay all
compensatory damages (but not punitive, special or incidental damages) and attorney fees and
costs that may be awarded to a Plaintiff. WM further agrees that if any court of law ~
juris0J~cfion should determine that the franchise agreement between the parties or the applicable
ordinances concerning the franchising of construction and demolition debris violates any
statute, constitution or law, then WM shall voluntarily agree to amend any portion of the
franchise agreement to comply with the Court's ruling and hereby voluntarily consents to the
adoption of a revised ordinance that the City deems it needs to adopt to be in compliance with
the Court order; provided, however, that no such amendment flor consent shall be reouired
until such time as the annellate nrocess has been comuleted or otherwise terminated.
5. Nothing herein changes any previous indemnifications, responsibilities and
duties of WM as to other matters. Said indemnifications remain in full force and effect.
2
6. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party
shall be entitled to rely upon any conflicting oral representations, assurances, claims or
disclaimers, made either prior to or simultaneous with the execution of this Amendment.
7. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WItEREOF, the parties have executed this Amendment No. 2 to the
Solid Waste and Recycling Collection Franchise Agreement on the day and year first
hereinabove written.
ATTEST:
City Clerk
Approved as to legal form
and sufficiency:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Attorney
WITNESSES:
(Name printed or typed)
WASTE MANAGEMENT, INC.
OF FLORIDA
By:
Harold Carter, District Manager
(Corporate Seal)
3
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
, 2~__, 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 Person Taking Acknowledgment
Name Typed, Printed or Stamped
4
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF~ANN~
JEFFREY A. COSTELLO. ASS STANT/'/: I,G-B RECTOR
MEETI,G 004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE
DESIGN GUIDELINES TO IMPLEMENT THE DOWNTOWN DEL~Y BEACH
MASTER PLAN.
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master
Plan, to guide future development of the downtown business districts surrounding the Atlantic Avenue
corridor, between 1-95 and A-1-A. The adopted Downtown Delray Beach Master Plan calls for the
development and implementation of design guidelines for the downtown area to ensure building forms
of a character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town
feeling". Other objectives include creating pedestrian friendly streets, promoting areas of special
character, and preserving heritage in the development process.
The downtown business area is divided into three districts, the West Atlantic Neighborhood, from
Interstate 95 to Swinton Avenue; the Central Core District, from Swinton Avenue to the Intracoastal
Waterway; and the Beach District, east of the Intracoastal Waterway to A-I-A. The proposed
regulations are intended to preserve the unique characteristics of each area, ensure that new
development is compatible with its surroundings, and enhances the appearance of the streetscape in
the community. They are also intended to mitigate the mass/scale and monolithic appearance of large
buildings, and ensure that new development incorporates architectural features that provide visual
interest while allowing design flexibility. Affected Sections of the LDRs primarily include the regulations
within the GC, CBD, CBD-RC, and OSSHAD zoning districts. Due to the complexity of the new
concepts being introduced, graphic illustrations, tables and charts are incorporated with the required
text to produce a user-friendly document. A detailed analysis of the amendment is provided in the
attached Planning and Zoning Board Staff Report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 22,
2004. There was a member of the public that had no objections to the amendment, but recommended
some grammatical changes to the ordinance and questioned why public parking garages did not have
to comply with the same standards as private parking garages. After discussing the amendment, the
Board voted 5-0 (Woehlkens and Walker absent) to recommend to the City Commission approval of the
proposed amendment, based upon positive findings with LDR Section 2.4.5(M), with direction to make
changes noted during the discussion and that the requirements for garages be revisited. Revisions
have been made to the overall ordinance as well as the parking garage section to allow a waiver to the
setback requirements for the portion of the structure above 25' in height, due to requirements of the
particular land use or structural needs (pg. 53).
By motion, approve on first reading the ordinance amending the Land Development Regulations to
provide design guidelines to implement the Downtown Delray Beach Master Plan, based upon positive
findings with respect to LDR Section 2.4.5(M), and set a public hearing date of May 4, 2004.
Attachments: Planning and Zoning Board Staff Report of March 22, 2004 & Ordinance by Others \ ~ A
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLIN(3, DIRECTOR OF~ANN~N~
JEFFREY A. COSTELLO, ASSISTANT(P~(~NIING-DIRECTOR
MEETING OF APRIL 20, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE
DESIGN GUIDELINES TO IMPLEMENT THE DOWNTOWN DELRAY BEACH
MASTER PLAN.
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master
Plan, to guide future development of the downtown business districts surrounding the Atlantic Avenue
corridor, between 1-95 and A-1-A. The adopted Downtown Delray Beach Master Plan calls for the
development and implementation of design guidelines for the downtown area to ensure building forms
of a character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town
feeling". Other objectives include creating pedestrian friendly streets, promoting areas of special
character, and preserving heritage in the development process.
The downtown business area is divided into three districts, the West Atlantic Neighborhood, from
Interstate 95 to Swinton Avenue; the Central Core District, from Swinton Avenue to the Intracoastal
Waterway; and the Beach District, east of the Intracoastal Waterway to A-1-A. The proposed
regulations are intended to preserve the unique characteristics of each area, ensure that new
development is compatible with its surroundings, and enhances the appearance of the streetscape in
the community. They are also intended to mitigate the mass/scale and monolithic appearance of large
buildings, and ensure that new development incorporates architectural features that provide visual
interest while allowing design flexibility. Affected Sections of the LDRs primarily include the regulations
within the GC, CBD, CBD-RC, and OSSHAD zoning districts. Due to the complexity of the new
concepts being introduced, graphic illustrations, tables and charts are incorporated with the required
text to produce a user-friendly document. A detailed analysis of the amendment is provided in the
attached Planning and Zoning Board Staff Report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 22,
2004. There was a member of the public that had no objections to the amendment, but recommended
some grammatical changes to the ordinance and questioned why public parking garages did not have
to comply with the same standards as pdvate parking garages. After discussing the amendment, the
Board voted 5-0 0Noehlkens and Walker absent) to recommend to the City Commission approval of the
proposed amendment, based upon positive findings with LDR Section 2.4.5(M), with direction to make
changes noted during the discussion and that the requirements for garages be revisited. Revisions
have been made to the overall ordinance as well as the parking garage section to allow a waiver to the
setback requirements for the portion of the structure above 25' in height, due to requirements of the
particular land use or structural needs (pg. 53).
By motion, approve on first reading the ordinance amending the Land Development Regulations to
provide design guidelines to implement the Downtown Delray Beach Master Plan, based upon positive
findings with respect to LDR Section 2.4.5(M), and set a public hearing date of May 4, 2004.
Attachments: Planning and Zoning Board Staff Report of March 22, 2004 & Ordinance by Others
MEETING OF:
AGENDAITEM:
MARCH22,2004
III.A. DOWNTOWN DELRAY BEACH DESIGN GUIDELINES-
LAND DEVELOPMENT REGULATIONS
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to the Land Development Regulations relating to the proposed
Downtown Delray Beach Design Guidelines, pursuant to LDR Section 2.4.5(M)(5).
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray
Beach Master Plan, to guide future development of the downtown business districts
surrounding the Atlantic Avenue corridor, between 1-95 and A-1-A. The adopted Downtown
Delray Beach Master Plan calls for the development and implementation of design
guidelines for the downtown area to ensure building forms of a character and scale that
reinforce the citizens' vision of a "City of urban amenities with a small town feeling". Other
objectives include creating pedestrian friendly streets, promoting areas of special
character, and preserving heritage in the development process.
The downtown business area is divided into three districts, the West Atlantic
Neighborhood, from Interstate 95 to Swinton Avenue; the Central Core District, from
Swinton Avenue to the Intracoastal Waterway; and the Beach District, east of the
Intracoastal Waterway to A-1-A. The proposed regulations are intended to preserve the
unique characteristics of each area, ensure that new development is compatible with its
surroundings, and enhances the appearance of the streetscape in the community. They
are also intended to mitigate the mass/scale and monolithic appearance of large buildings,
and ensure that new development incorporates architectural features that provide visual
interest while allowing design flexibility. Affected Sections of the LDRs primarily include
the regulations within the GC, CBD, CBD-RC, and OSSHAD zoning districts. Due to the
complexity of the new concepts being introduced, graphic illustrations, tables and charLs
will be incorporated with the required text to produce a user-friendly document.
The proposed ordinance was developed by consultants Jaime Correa & Associates, the
Design Guidelines Subcommittee, community and industry stakeholders, and staff.
It is noted the City is initiating a Future Land Use Map amendment and Rezoning of the
West Atlantic Neighborhood from GC to CBD zoning, to be consistent with the zoning of
the balance of the downtown business district. Once this occurs the proposed regulations
III.A.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 2
relating to the West Atlantic Neighborhood, currently proposed as modifications to the GC
district, will be incorporated into the CBD regulations. As the FLUM amendment and
Rezoning process will take approximately 6 months, it is appropriate to proceed with the
LDR amendments at this time to ensure that development is consistent with the new
development standards/design guidelines in the interim.
REQUIRED FINDINGS
LDR Section 2.4.5{M)(5} {Findincls): Pursuant to LDR Section 2.4.5(M)(5) (Findings),
in addition to LDR Section l.l.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
^ review of the goals, objectives and policies of the adopted Comprehensive Plan were
conducted and the following applicable policy is noted:
Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic A venue corridor between 1-95 and A-l-A, it represents the
citizens' vision for the growth and unification of De/ray Beach, while still retaining the
"village like, community by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including infill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development, and the need
to modify the Land Development Regulations to include design guidelines to retain the
character of De/ray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
Based upon the above, the proposed LDR amendments will further the Goals, Objectives,
and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5).
The proposed ordinance was reviewed by a variety of agencies, boards and civic
associations. The following are responses to comments and suggestions made through
the process. The first four items are comments made by Pineapple Grove Main Street
(See attached letter) as well as some other stakeholders.
Allow Only an Increase in Density or Heiqht within a Pro/ects
Some of the stakeholders commented that an applicant should only be able to apply
for an increase in density (above 30 units per acre) or an increase in height (above 48
feet), not both within the same project. They felt that if a project maximizes both height
and density, it could be detrimental to the "Village by the Sea" character.
Increases in height to 60' are only allowed as a conditional use and are limited to the
Commercial Core area. One of the criteria to allow an increase in height is that the
increase is to accommodate residential units. The exceptions to the height limitations
along with the criteria were in existence prior to the adoption of Visions 2000
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 3
Assembly and the Comprehensive Plan in which the slogan was first used. The
adopted Comprehensive Plan includes policies that specifically address the need for
housing in the downtown area. This is an incentive that should be retained to promote
quality downtown housing and to allow design flexibility. As the increase requires
conditional use approval, there is additional scrutiny of the proposal. Also, the
proposed regulations require increased setbacks for the portion of the building that
exceeds 60' in height, similar to the current regulations.
2. Building Heiqht Increase to Accommodate a Varied Roofline
Some stakeholders feel that maximum building height should be based on the number
of stories not overall height. They felt height should be defined in another manner such
as defining the height based on maximum floor heights and number of stories, without
an overall external height and conditional use approvals.
Staff has concerns and is not supportive of redefining the method of calculation for the
height. Currently, the height of gable, hip, or gambrel roofs are currently measured to
the mean level, between the eaves and the ridge. Measuring the height with the
suggested methods (internally or to the eave of a pitched roof) means increasing the
current maximum 48' building height limitation.
The proposed regulations require minimum floor height of 10' on the ground floor with
all other floors at a minimum of 9'. Given the minimum floor separation, the building
will be limited to four floors. In addition, the new regulations require increased
setbacks with increases in height. This varies depending on the district and the type
of street the property fronts. Also, appurtenances usually required to be placed above
the roof level of the building and not intended for human occupancy are currently
allowed to exceed the height limitations only when specifically approved by SPRAB
(Site Plan Review and Appearance Board). Increases in height are currently allowed
as a conditional use within the proposed Central core area subject to the criteria in
LDR section 4.3.4(J)(4). If the method of calculating height is modified, then additional
requirements would need to be implemented which relate to proportionality of the roof
to the building, limitations on slope, requirements to provide additional variations in the
roofs. Based upon the above, no changes are recommended.
3. Elimination of Interior Buildinq Des~qn Requirements from the Proposed Ordinance
Some stakeholders suggested that interior treatment should not be considered in the
proposed ordinance since they are not visible to the public. These items are
contained in the existing performance standards and pertain to residential projects
seeking additional density. The intent is to provide evidence that the additional density
request would not result in a substandard development. Thus, no changes are
recommended.
4. Architectural Requirements should be Guidelines Not Prescribed in an Ordinance
The design professionals feel the guidelines will limit the creativity of the design
professionals. The intent of the guidelines is to encourage more attention to the
architectural compatibility of a building with respect to its surrounding environment.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 4
The guidelines are established to facilitate the design process and should not prevent
an applicant from exceeding minimum requirements. In addition, the development
community will have more predictability and consistency than imposed architectural
conditions of approval or the decisions made by the approving body due to term limits
of Board members.
The proposed ordinance contains a range of options from which to choose and
provides for measurable regulations in addressing a building's bulk, mass, and
architectural composition.
Unlike other architectural standards, the guidelines must accommodate the City's
architectural diversity and culture. The intent of the regulations is to create visual
interest and does not dictate style to the design professionals. In addition, site design
elements such as pedestrian amenities and walkways are used to provide a more
pedestrian friendly atmosphere.
The design professionals suggested that the architectural standards be generalized or
removed from the ordinance and incorporated in a supplemental illustrated "design
guidelines" booklet. The scope of services for the project has already been revised to
include a supplemental brochure as part of the deliverables for the project to address
this concern. However, aesthetic and architectural requirements must be measurable
and cannot be effectively implemented if they are too general.
5. Additional/Larqer Landscape Areas are needed to Accommodate Canopy Trees.
Additional setbacks and reduction in the maximum building frontage were requested in
order to provide adequate planting area to ensure a shaded pedestrian path. The
current Land Development Regulations allows setbacks ranging from 0' to 10', with a
zero setback currently allowed in the Central Core along Atlantic Avenue. The
proposed regulations are similar in that there will be a zero setback for arcaded
buildings only and a minimum 5' setback feet in the Central Core to maintain a
continuous pedestrian path and/or provide for more planting area for the street trees.
Staff feels that the additional five (5) feet plus the ten (10) feet currently available
within the right of way is reasonable and adequate for landscaping within the urban
environment.
However, a performance standard is being added to LDR Sections 4.4.9(G) and
4.4.13(I) (performance standards to increase density above the maximum permitted).
This performance standard will require that: 'The landscape plan for the development
preserves and incorporates existing native vegetation (where available), provides new
landscaping that is in excess of minimum standards in height and quantity),
demonstrates innovative use of plant material, improves site design, provides useable
open space or public plazas, and maximizes available areas for pedestrian
interaction. '
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page §
6. Allow recesses and pro~ections along the buildin,q frontage without a variance.
This has been addressed. The applicable setbacks have been changed to require a
five (5) foot minimum up to a ten (10) foot maximum setback, except for the setbacks
for buildings with an arcade.
7. Clear and precise definitions.
This has been addressed. Definitions have been added or modified for clarification. In
addition more detailed graphics will be added and keyed to supplement the proposed
text by First Reading of the ordinance.
8. Overhead power lines should be placed under, round and landscape nodes should be
put in the riqht-of-ways.
The Land Development Regulations currently require new developments to locate their
utilities underground. Landscape nodes are currently located within the right-of-ways
and new developments are required to install streetscape improvements as part of their
development proposal.
9. Clarify break down of percentage of building frontage is based on lot dimensions and
not buildinq dimensions. Also how are sites with multiple buildinqs treated with respect to
the building frontage requirements?
This has been addressed. The current draft defines building frontage based on lot
dimensions and provisions for site for multiple buildings have been added. Additional
graphics will also assist in illustrating this concept.
Design Guidelines Subcommittee:
At its meeting of January 29, 2004, the Design Guidelines Subcommittee reviewed the
proposed regulations and recommended approval. The stakeholders at the meeting had
the comments, which were discussed above.
Joint workshops have been conducted with the following reviewing boards, agencies and
organizations:
Community Redevelopment Agency (CRA)
Downtown Development Authority (DDA)
Historic Preservation Board (HPB)
West Atlantic Avenue Redevelopment Coalition (WARC)
Site Plan Review and Appearance Board (SPRAB)
Planning and Zoning Board
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 6
Community Redevelopment A.qency (CRA), Downtown Development Authority
{DDA) & West Atlantic Redevelopment Coalition (WARC) Joint Workshop:
On February 12, 2004, these Boards reviewed the LDR amendments and questioned the
effect the guidelines would have on the Federal Highway pairs project and potential
elimination of one lane.
The proposed ordinance will not affect the project since the right-of-way width will remain
the same. If a lane is to be eliminated, the land area would be allocated for additional
landscaping and/or pedestrian walkways.
Plannin.q and Zonin.q Board, Historic Preservation Board & Site Plan Review and
Appearance Board Joint Workshop.
On March 1,2004, these Boards discussed the proposed LDR amendment at which time a
presentation was made by the Consultant and Staff. The following comments were made:
Issues 1 through 4 above (see also attached letter from David A. Beale of PGMS,
Inc.).
2. Include additional landscape area as part of the performance standards?
As discussed above, this item has been addressed by adding a performance
standard to increase density in LDR Sections 4.4.9, General Commercial District
(GC), and 4.4.13, Central Business District (CBD), have been modified to include
the provisions for the alternative landscape betterment plan.
Consider a six (6) foot incremental setback or smaller distance than the proposed
twelve (12) feet for balconies/loggias/arcades/porches.
The twelve (12) foot increments have been proposed to require a meaningful
recess above the third floor in most cases, not just for additional balcony and loggia
widths. This tiered effect is done to address the stakeholders' concerns regarding
the "canyon effect."
Allow more than a four (4) foot encroachment for the roof eave of the balcony to
cover the balcony.
The encroachment is already a foot more than what is currently permitted. Staff
has considered this and recommends no further encroachment. If an applicant
wants to cover the balcony entirely by a roof, the balcony will need to be set back
accordingly by four (4) to six (6) inches so the roof eave will not exceed the four (4)
foot maximum encroachment allowed.
Pineapple Grove Main Street {PGMS)
On March 8, 2004, the PGMS Board discussed the proposed LDR amendment after a
presentation by staff. The Board recommended approval subject to addressing all the
items contained in the attached letter from David A. Beale of PGMS, Inc.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 7
West Atlantic Redevelopment Coalition (WARC)
At the March 10, 2004 WARC meeting, the Board recommended approval of the LDR
amendments subject to addressing the following items:
Requiring Crime Prevention Through Environmental Design (CPTED) review for all
new projects as part of the development review process. It was suggested that this
should be streamlined into the system via the Technical Advisory Committee (TAC).
(The Police Department already has qualified personnel, which assists in the
review.)
Changes to height definition or the maximum height of 48' should not be permitted.
It was the consensus that new development should comply with the existing height
limitations and allowable encroachments.
Site Plan Review and Appearance Board (SPRAB)
At its meeting of March 10, 2004, the SPRAB recommended approval of the proposed
LDR amendments subject to the following conditions:
That a performance standard is added, which required additional landscape areas,
material and open space/plazas be added for all conditional use requests which
seek additional height (above 48') or additional density above 30 units per acre.
The maximum parapet height of six (6) feet be amended to allow complete
screening of mechanical equipment only. (page 33, line 39)
The 75% transparency requirement be deleted from Section 4.4.18.(B)(14)(a)(iv),
Windows and Doors (page 37, line 6).
Items #1 (increase in building height or increase in density) and 2 (increase in
building height or new definition to accommodate a more varied roof design)
contained in the attached letter from David A. Beale of PGMS, Inc. be included in
the amendments.
Community Redevelopment A.qency (CRA)
There were no comments from the CRA Board at their March 11,2004 meeting.
Downtown Development Authority (DDA)
On March 17, 2004, the DDA Board recommended approval of the proposed LDR
amendments subject to consideration of the following:
The proposed ten (10) foot side setback for interior lots be increased to provide for
adequate width for access by service and/or emergency vehicles. The Board
recommended a fifteen (15) foot minimum setback.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 8
No minimum or maximum floor to ceiling heights be required, only the overall
exterior building height be used to evaluate building height.
The interior dwelling unit features shall not be used as a performance standard to
obtain additional density above the 30 units per acre.
=
Additional height allowances be incorporated and/or the building height definition be
amended to accommodate a visually interesting roofline (see Item #1 of attached
letter from David A. Beale of PGMS, Inc..
=
Provide exemptions or ways of addressing uses, such as parking garages, which
cannot meet the incremental setbacks.
Historic Preservation Board (HPB):
At its meeting of March 17, 2004, the Historic Preservation Board recommended approval
of the proposed LDR amendments, subject to the following:
The interior dwelling unit features shall not be considered as a performance
standard in a conditional use application seeking a density above 30 units per
acre. The Board would rather see more site design or exterior requirements
incorporated such as additional landscaping, green space, complementary site
lighting consistent with overall amhitectural treatment of the project (i.e. standard
FPL poles with cobra light fixtures with Mediterranean architecture, etc.), and
decorative pavers or walkways.
Minimum 75% transparency requirement in Section 4.4.18(B)(14)(a)(iv) (Page
37) be reduced to fifty (50) percent.
No changes to the definition or building height requirements to support a more
visually interesting roofline.
Only allow an increase in density above 30 units per acre OR an increase in
height above the 48', subject to a conditional use approval, NOT both.
By motion, recommended to the City Commission approval of the amendment to the Land
Development Regulations as it relates to the proposed Downtown Delray Beach Design
Guidelines, based upon positive findings with respect to LDR Section 2.4.5(M), Future
Land Use Element Policy C-4.2 and the adopted Downtown Delray Beach Master Plan.
Attachments: Pineapple Grove Main Street Letter
Proposed Ordinance
ORDINANCE NO. 21-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 1.4.1,
"INTERPRETATION OF LAND DEVELOPMENT
REGULATIONS; SUBSECTION 2.4.3(G),
"ARCHITECTURAL ELEVATIONS"; SUBSECTION 4.3.3(0),
"TOWNHOUSES AND TOWNHOUSE TYPE OF
DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4),
"INCREASES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX";
SUBSECTION 4.4.9(F), "DEVELOPMENT STANDARDS";
SUB-SUBSECTION 4.4.9(G)(1 ), "WEST ATLANTIC
AVENUE OVERLAY DISTRICT SUPPLEMENTAL
DISTRICT REGULATIONS"; SUBSECTION 4.4.13(A),
"PURPOSE AND INTENT"; SUBSECTION 4.4.13(F),
"DEVELOPMENT STANDARDS"; SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS";
SUBSECTION 4.4.13(I), "PERFORMANCE STANDARDS";
SUBSECTION 4.4.24(A), "PURPOSE AND INTENT";
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTIAL ZONING"; SUBSECTION
4.6.18, "ARCHITECTURAL ELEVATIONS AND
AESTHETICS"; AND APPENDIX "A", "DEFINITIONS", TO
IMPLEMENT THE DOWNTOWN DELRAY BEACH
MASTER PLAN; TO MITIGATE MASS/SCALE AND
UNIFORM MONOLITHIC APPEARANCE OF LARGE
BUILDINGS; AND TO PROVIDE THAT THE
ARCHITECTURAL COMPOSITION OF NEW
DEVELOPMENTS INCORPORATE ARCHITECTURAL
FEATURES THAT PROVIDE VISUAL INTEREST, WHILE
ALLOWING DESIGN FLEXIBILITY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed
the proposed text amendment at a public hearing held on March 22, 2004, and voted 5
to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, current information and increased population require re-evaluation and
adoption of updated development standards; and
WHEREAS, periodic reviews of the Land Development Regulations to evaluate its
various provisions and propose amendments to resolve new or outstanding issues and
comply with the Comprehensive Plan, State Statutes, and Federal Law; and
WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design
guidelines for the downtown area be created to establish land development regulations
to ensure building forms of a character and scale that reinforce the Citizens' vision of a
"City of urban amenities with a small town feeling," create pedestrian friendly streets,
promote areas of special character, and preserve heritage in the development process;
and
WHEREAS, the City Commission has determined the proposed amendments will
ensure that new development be compatible with the surrounding area and enhance
the appearance of the streetscape in the community; and
WHEREAS, the City Commission has determined that the proposed amendments will
mitigate the mass/scale and uniform monolithic appearance of large buildings and
ensure that the architectural composition of new development incorporate architectural
features that will provide visual interest, while allowing design flexibility.
WHEREAS, the City Commission determines the proposed amendments will improve
the procedures and standards of the Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
SECTION 1. That Section 1.4.1, "Interpretations of Land Development Regulations,"
Subsection 1.4.1(E), "Graphics," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(E) Graphics: All qraphics and drawin.qs are supplemental to the text and in the event
of a conflict the text shall qovern.
SECTION 2. That Section 2.4, "General Procedures," Subsection 2.4.3(G),
"Architectural Elevations," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Architectural Elevations: The submission for architectural review by the Site
Plan Review and Appearance Board or Historic Preservation Board, as
appropriate, shall consist of the following:
2 ORD. NO. 21-04
(1)
(2)
(3)
(4)
(5)
A sketch plan showing existing conditions if the architectural review is not
associated with an application which requires site plan or preliminary plat
review, otherwise, the site plan or plat shall accompany the submission.
All drawings shall be drawn to scale (architectural scale is permitted) and
dimensioned.
A drawing showing four elevations (east, west, north, south) of proposed
structures or of the elevation which is being modified when an existing
structure is involved. The drawing shall show all the architectural features of
the structure and the manner in which air conditioning and similar items are to
be treated. Exterior colors and the type of exterior surfaces, including roofs,
shall be described.
A roof plan which shows the location of equipment and features located
thereon.
Color samples.
Additional detailed drawinqs and/or supportive documents necessary to meet
the requirements or demonstrate compliance with applicable sections of this
Code.
SECTION 3. That Section 4.3.3 "Special Requirements for Specific Uses," Subsection
4.3.3(0), "Townhouses and Townhouse Type of Development," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(0) Townhouses and Townhouse Type of Development:
(1)
Application: These special requirements apply to townhome or townhouse
development and to apartment complexes which are designed in the style of
a townhome, except projects located within the Central Business District,
General Commercial - West Atlantic Overlay District, and Central Business
District - Railroad Corridor, which shall comply with the applicable district
re,qulations.
SECTION 4. That Section 4.3.4, "Base District Development Standards," Subsection
4.3.4 (J) "Height,", Sub-subsection 4.3.4(J)(4), "Increases to Height Regulations", of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(4) Increases to Heiflht Regulations:
3 ORD. NO. 21-04
(a)
Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose in the
following zone districts:
Single Family (R-l) Districts
Rural Residential (RR)
Agriculture (Ag)
Low Density Residential (RL)
Planned Residential Development (PRD)
Mobile Home (MH)
Medium Density Residential (RM)
Residential Office (RO)
Neighborhood Commercial (NC)
Conservation District (CD)
Professional and Office District (POD)
Open Space (OS)
(b)
Allowances: An increase, to a maximum height of sixty feet (60'), may be
approved by the City Commission in any zone district not listed above when
approved pursuant to the processing of a conditional use request and based
upon a finding of compliance with each of enumerated criteria listed below.
(i) That the structure is to be located in one of the following geographic
areas:
(1) Area "A" - all property located east of Congress Avenue and west
of 1-95.
(2)
Area "B" - the property encompassed by the Delint DRI, with the
exception of that portion platted as "Waterford Village"; along with
property located west of S.W. 10th Avenue, south of Linton
Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of Linton
Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4)
Area "D" - the properties located south of Atlantic Avenue, north of
S.W. 1st Street, west of S.W. 1st 2nd Avenue, and east of S.W. 4th
Avenue; and the properties located north of Atlantic Avenue, south
of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd
Avenue.
(5)
Area "E" - the property encompassed on the west by the F.E.C.
Railroad, on the east by the lntracoastal Waterway, on the south by
Allen Avenue extended to said easterly and westerly boundaries,
and on the north to the northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pair system of
Federal Highway (5th and 6th Avenues).
(7)
Area "G" - the property on either side of Linton BouLevard,
extending 200 feet north and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
4 ORD. NO. 21-04
(8)
Area "H" - the area bounded by Linton Boulevard on the south, the
F.E.C. Railroad on the east, the combination of Southridge Road
and Swinton Avenue on the north, and S.W. 4th Avenue on the
west.
(9) Area "1" - all property within the CBD (Central Business District)
except for property lying east of the lntracoastal Waterway.
(10) Area "J" - the property encompassed by Lindell Boulevard on the
north, Federal Highway on the east, Dixie Highway on the west,
and the City limits on the south.
(ii)
That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could
be accommodated by development which adheres to a height limitation
of 48 feet, except for the following situations:
(1)
An increase in intensity is allowed when the increase from 48 feet
to 60 feet is for the purpose of accommodating residential use on
the top floor of the structure; however, the increase in intensity is
only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20.
(iii) That the increase in height is based on or will result in one, or more, of
the following:
(1)
A demonstrable need that, in order to accommodate the nature of
a particular use or a particular matter or type of construction, a
greater than normal space between floors or height of story is
necessary; or
(2) That 7-6 50% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation; or
(3)
That for each foot in height above 48 feet, an additional building
setback of two feet is provided from the building setback lines
which would be established for a 48-foot tall structure. The
additional setback is required from all setback lines (i.e., front, side,
and rear) for the portion of the buildinq that extends above 48 feet.
In lieu of this setback requirement, buildinqs in the CBD zone shall
adhere to the setback requirements of that district.
SECTION 5. That Section 4.3.4, "Base District Development Standards," Subsection
4.3.4 (K), "Development Standards Matrix," of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
5 ORD. NO. 21-04
Section 4.3.4 Base District Development Standards:
(K)
Development Standards Matrix: The following matrices set forth the minimum
and maximum development standards for each zoning district subject to
descriptions, interpretations, and exceptions as provided for elsewhere in Section
4.3.4.
(This space intentionally left blank)
6 ORD. NO. 21-04
SECTION 6. That Section 4.4.9, "General Commemial (GC) District," Subsection
4.4.9(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Deiray Beach, Florida, be, and the same is hereby
amended to read as follows:
7 ORD. NO. 21-04
(F) ~. ,~..neve'o'-men* Standards:
The development standards set forth in Section 4.3.4 shall apply except as
modified below:
(1)
(2)
If there is no vehicular access available to the rear of any structure, a side
setback of ten feet (10') shall be provided. For a side interior lot, a ten foot
(10') setback is required only on one (1) side.
West Atlantic Avenue Overlay District Development Standards: The
following development standards apply to all properties zoned General
Commercial (GC) within the West Atlantic Avenue Overlay District as defined in
Section 4.5.6(B). This sub area, known as the West Atlantic Neiqhborhood
(WAN) provides for development that is consistent with the adopted West
Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master
Plan. The emphasis is on the preservation and enhancement of existin.q
neiqhborhoods, while pmmotin.q a pedestrian friendly commemial area alonq
Atlantic Avenue that contains a mix of residential, commercial and civic
functions. Businesses that are oriented toward servinq the local nei.qhborhood,
as opposed to a reRional area, are encouraqed. All parcels within the
boundaries of the WAN are shown in Fi.qure 4.4.9-1.
(This space intentionally left blank)
8 ORD. NO. 21-04
N
WEST ATLANTIC NEIGHBORHOOD
GC (GENERAL COMMERCIAL) ZONED AREA
FiRure 4.4.9-1 - West Atlantic NeiRhborhood
(a) Hei.qht: Parcels that have frontage along Atlantic Avenue, NW 5th Avenue,
th ,
or SW 5 Avenue shall have a front setback of five feet (5) from the
ultimate right-of-way line. The front setback area shall be paved with paver
9 ORD. NO. 21-04
blocks to match the existing sidewalks within the Atlantic Avenue right-of-
way.
Overall Height of buildings shall be a minimum of twenty-five feet
(25') and a maximum of forty-eight feet (48') in hei.qht. Exceptions
to the hei.qht limitations shall comply with Section 4.3.4(J)(3) and
(4).
Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceilin.q.
Floor Height shall be a minimum of ten feet (10') for ground floors
and a minimum of nine feet (9') for all other floors. All heights shall
be measured from finished floor to finished ceiling. Auxiliary and
service rooms, such as, garages, restrooms, closets, laundry
rooms, dressing rooms, storage rooms, mechanical, electrical, and
plumbinq equipment rooms are exempted from the floor height
regulations.
NOTE: HEIGHT 25 FT, MIN.
REGULATIONS 48 FT. BUILDING
DO NOT HEIGHT
APPLY TO
AUXlLJARY
AN~ SERWCE
RCOMS
FiRure 4.4.9-2 - BuildinR Height Requirements
(b)
The minimum open space requirement is ten percent (10%) of the site
area. All landscape requirements for parking lots and buffering of
residential properties, pursuant to Section 4.6.6~_ and 4.6.16, shall apply.
Building Frontage and Front Setbacks:
The buildinq frontage for an interior lot is the portion of the lot
abutting the primary street minus the required side setbacks.
10 ORD. NO. 21-04
The building frontage for the primary street side of a corner lot is
the portion of the lot abutting the primary street minus the required
side setbacks.
The building frontage for the secondary street side of a corner lot is
the portion of the lot abutting the secondary street minus the
required front and rear setbacks.
00000
Fiaure 4.4.9-3 - Bulldlna Frontaoe
(iv)
(vi)
(vii)
Building frontage is expressed in percentages and may vary from
floor to floor.
Front setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after
dedication.
Building frontage and setbacks for properties fronting on Atlantic
Avenue shall comply with Table 4.4.9-1.
The front setback area for buildinqs fronting on Atlantic Avenue
shall be paved with paving materials to match the existing
sidewalks within the Atlantic Avenue right-of-way.
(viii) For corner lots with Atlantic Avenue side street frontaqe, the first
(ix)
sixty feet (60') of the buildinq, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resulting
property line after dedication, shall comply with Table 4.4.9-1.
Building frontage and setbacks for properties frontinq on streets
other than Atlantic Avenue shall comply with Table 4.4.9-2.
11 ORD. NO. 21-04
.oadway S- iba k
70%/90% 0_' 70%/90% 5' mini
West Finished 10'max
Atlantic ~rade to 37' Remainina 24' min Remaininq 17' mini
Avenue lenclth lenclth 22' max
50% max 12..~' 50% max 17' min
37' to 48'
RemsininR 24' rain RemaininR 29' min
lenuth lenRth
Setback
Roadwavs ~ i/ i ~ ~ f ~
70%/90% 5'mini
Finished arade to 25' 10' max
Rem{linino lenoth 17' mini
22' max
Other Rioht- 50% max 17' min
of-ways 26' to 37' Rgmainino lenoth 29' min
50% m~x 17' min
37' t9 48' Remainina lenath 29' rain
70%/90% 5'rain/
Finished oracle to 25' 10'max
NW and SW Remainine length 17'min/
~ 22'max
70% max 17'min
26' to 37'
Remainina lenath ;~' mJP
50% max 29' min
37' to 4~' Remainino lenoth 41' rain
Notes to Tables 4.4.9-1 and 4.4.9-2:
~ Lots of record with a width less than fifty feet (50'1 shall be exempted from the buildinq
frqnta~e reauirements provided a minimum five (51 to maximum ten foot (10'1 setback be
provided for the portion of the buildina from finished arade to twenty-five feet (25'1 in
heiqht and a minimum seventeen foot (17'1 setback is provided above a heiaht of twenty-
five feet (2~').
(21 The applicable development reoulations for arcades. Arcades shall have a minimum
width of twelve feet (12'1. inclusive of columns or pilasters up to a maximum width of two
feet (2'/.
12 ORD. NO. 21-04
(3) Buildina frontaae reauirements for Darkina aaraaes may be increased to a maximum of
100% for all floors bv the Site Plan Review and Apoearanc~ Bgerd or the Hi~tgric
Preservation Board subiect to compliance with Section 4.6.18{B)(14){vi)41. Parkino
Gara.qes.
{4) The buildina setback for portions of parkinf:l ~araf:le~ eb0ve twenty-five feet (25') mey be
waived bv the Site Plan Review and Appearance Board or the Historic Preservation Board
subiect to compliance with Section 4.6.18(B)(14){vi)4), Parkin.q Gara~leS, and a minimum
five {5/to maximum ten foot {10'1 setback for the portion of the buildina from finished
arade to twenty-five feet (25') in hei~iht.
(5) For sites with multiple buildinas, the buildina immediately abuttina the roadway{s) shall
comPlY with the buildina fmntaae and setbacks in Table 4.4.9-1 and 4.4.9-2.
(6) Buildina floors shall be setback in increments of twelve feet {12') to create a vertical
stepped back appearance.
.(.Ii Buildin(~ and site desian shall incorporate Crime Prevention Throuoh Environmental
Desi,qn (CPTED) standards to the ~reatest extent possible.
(This space intentionally left blank)
13 ORD. NO. 21-04
FI;lure 4.4.9-4 - Building FrontaRes and Setbacks for West Atlantic Avenue
FiRure 4.4.9-5 - Buildin¢~ Frontaaes and Setbacks for NWlSW 5th Avenues
Figure 4.4.9-6 - Building Frontal;es and Setbacks for Other Roadways
14 OKD. NO. 21-04
d~ Side Street Building Frontage and Setbacks
Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after
dedication.
i.~ Side street building frontage and setbacks shall comply with the
applicable roadway requirements in Tables 4.4.9-1 and 4.4.9-2.
For corner lots fronting on Atlantic Avenue, NW 5th Avenue, or SW
5tn Avenue, the same development standards that apply on Atlantic
Avenue, NW 5~ Avenue, or SW 5t~ Avenue shall apply to the first
sixty feet (60'), taken from the Atlantic Avenue, NW 5~ Avenue, or
SW 5tn Avenue property line, or if a dedication is required, from the
resulting property line after dedication.
SAME DEVELOPMENT
STAND/~RDS SHALL APPLY
TO THE FIRST 60 FT.
PRIMARY R.O.W.
FiRure 4.4.9-7 - Corner lots with Atlantic Avenue or NW/SW 5t~ Avenue Frontage
Rear Setbacks for all buildin.q floors shall be a minimum of ten feet (10')
from the property line.
Structures Allowed Within Setback
Balconies may encroach a maximum of four feet (4') into the
setbacks.
Loggias and Trellises above the ground floor may encroach into
the setbacks provided they do not exceed the required setback of
the portion of the floor directly below it.
15 ORD. NO. 21-04
(iii) Roof Eaves may encroach into the setback a maximum of four feet
(4').
ROOF EAVES MAX. 4 FT.
OPEN TRELLISES
LOGGIA8 12 FT. MAX.
BALCONIES 4 FT. M, AX.
PROPERTY UNE
Fiaure 4.4.9-8 - Encroachments
SECTION 7. That Section 4.4.9, "General Commercial (GC) District," Subsection
4.4.9(G), "Supplemental District Regulations," Sub-subsection 4.4.9(G)(1), "West
Atlantic Avenue Overlay District Supplemental District Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(G)
Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations
shall apply in the GC District.
(1)
West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
*(i) Retail or Wholesale Firearm or Ammunition Sales;
*('ii) Retail or Wholesale Automotive Parts Sales;
*(iii) Lawn Care Equipment Sales;
*(iv) Contractor's Offices;
*(v) Abused Spouse Residences;
*(vi) Shooting Ranges;
16 ORD. NO. 21-04
Lb_)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
-*(vii) Adult Entertainment Establishments;
-*(viii)Service Stations.
All permitted uses with drive-through facilities shall require conditional
use approval.
All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or S.W.
5~h Avenue must contain nonresidential uses on the ground floor facing
the street. Dwelling units are permitted within the same structure as
commercial uses with no restriction on the percentage of each use
allowed. In the event that residential and non-residential uses are
located in the same structure, residential uses and non-residential uses
must be physically separated and have separate accessways.
Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue, unless the parcel has
frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses
such as parking areas, landscaping, and drainage retention areas may
extend beyond the 150 foot limit. Establishment or expansion of
structures beyond the 150 foot limit may be allowed as a conditional
use, subject to the required findings of Section 2.4.5(E)(5).
Six (6) parking spaces per 1,000 square feet of gross floor area are
required for restaurants and one (1) parking space per 300 square feet
of gross floor area is required for all other non-residential uses, except
hotels and motels. Parking spaces for residential uses are required at
the rates established in Section 4.6.9(C)(2).
The parking requirement for hotels and motels is established at 0.7 of a
space for each guest room plus one (1) space per 300 sq. ft. of floor
area devoted to ballrooms, meeting rooms, and shops and six (6)
spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges
within the hotel or motel.
If it is impossible or inappropriate to provide required parking on site or
off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
Parking areas and accessways to parking lots must be located to the
rear of commercial structures that have frontage on Atlantic Avenue.
Where locating parking to the rear of the structure is impossible or
inappropriate, the Site Plan Review and Appearance Board may
approve an alternate location.
17 ORD. NO. 21-04
Free standing or mixed-use residential development up to twelve (12)
units per acre is a permitted use. Density may exceed twelve (12) units
per acre, up to a maximum of thirty (30) units per acre, as a conditional
use. Density may exceed 12 units per acre only after the approving
body makes a finding that the project has substantially complied with the
performance standards listed below, the West Atlantic Avenue
Redevelopment Plan, required findings of Section 2.4.5(E), and
applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding these provisions, the
approving body may deny an application for increased density where it
is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development. It is
acknowledged that it may not be possible for projects which involve the
modification of existing structures to comply with many of the standards.
For those types of projects, the ultimate density should be based upon
compliance with those standards which can be reasonably attained, as
well as the project's ability to further the goal of revitalizing the
Redevelopment Area.
The following performance standards shall apply to all applications for
new development and modification of existing developments which
would result in a density greater than twelve (12) dwelling units per acre:
(1)
The development offers variation in design to add interest to the
elevations and relief from the building mass. I;c;.._..,,,,.,..,
structurcc ....... ~'""~""~ mcrc *~'"- .......... ~' .... v.v,,..v,*"-~"o ~...~.~..,,~o*""";"" ..~w..~'""~
~ Building elevations incorporate several of the
following elements: diversity in window and door shapes and
locations; features such as balconies, arches, porches; and design
elements such as shutters, window mullions, quoins, decorative
tiles, or similar distinguishing features.
(2)
If the building includes a parking garage as an associated structure
or within the principal building, the garage elevation provides
unified design elements with the main building through the use of
similar building materials and color, vertical and horizontal
elements, and architectural style. ~'~'". ,,v ~,3;3.Gc ,.. ~'' ......,~..~'~"~;"""'~ .,. ~'' 3
....... ;'~"~'"' such .... * ........ '~ "";+" Development of a
portion of the ground floor perimeter adjacent to street rights of way
is devoted to window displays or floor area for active uses such as
retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
(3) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are
18 ORD. NO. 21-04
(4)
encouraged, as are a combination of multi-level units and fiats. In
projects consisting of more than twelve (12) dwelling units, the
proportion of efficiency or studio type units may not exceed 25% of
the total units. There is no maximum percentage established for
projects having twelve (12) or fewer units, however, a mix of unit
types and sizes is encouraged.
The project desi.qn shall create an overall unified architectural
character and ima.qe by the use of common elements between the
buildin.q(s), parkinq lot, and landscapin.q. Examples of some
features that could be incorporated to meet this standard are:
freestandin.q I.qht poles and exterior li.qht fixtures that are
decorative and consistent with the architectural treatment of the
(5)
(6)
buildinq(s); pedestrian amenities such as benches, shaded
walkways, and decorative pavement treatment, that are similar in
forms, colors, materials, or details as the architecture of the
buildin.q(s); focal points such as public art, water feature/fountain,
courtyard or public plazas desi.qned to connect different uses alonq
a continuous pedestrian walkway; or a combination of similar
features that meet the intent of this standard.
The development provides common areas and/or amenities for
residents such as swimming pools, exercise reoms, storage reoms
or lockers, covered parking, gardens, courtyards, or similar areas
and/or amenities.
The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the
development are enhanced in a manner that is consistent with the
streetscape on West Atlantic Avenue.
19 ORD. NO. 21-04
(?)
The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or provides
additional parking spaces that may be used by the public.
(8)
~.v//~ n~ ~,,,,,...v....;" ..v.u....h'~;'~ For buildings fronting on West Atlantic Avenue,
NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of
the surface area of the front street wall(s) at the ground floor of
each such building is devoted to display windows and to entrances
to commercial uses from outside the building.
The landscape plan for the development preserves and
incorporates existinq native ve.qetation (where available), provides
new landscapinq that is in excess of minimum standards in heiqht
and quantity), demonstrates innovative use of plant material,
improves site desi.qn, provides useable open space or public
plazas, and maximizes available areas for pedestrian interaction. If
necessary to achieve this standard, the project may exceed the
maximum setback area on the .qround floor.
SECTION 8. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(A), "Purpose and Intent," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area. Establishment of
the CBD District is consistent with and implements, in part, Objective C-4 of the Land
Use Element of the Comprehensive Plan. The CBD District is generally applied to
territory depicted in the Commercial Core designation on the Future Land Use Map.
The areas described below and shown in Fiqures 4.4.13-1 and 4.4.13-2 provide for
development that is consistent with the adopted Downtown Delray Beach Master Plan.
Central Core: The re.qulations are intended to result in development that preserves the
downtown's historic moderate scale, while promotinq a balanced mix of uses that will
help the area evolve into a traditional, self-sufficient downtown. Residential
development is permitted at higher densities in this area than any other part of the city,
in order to foster compact, pedestrian oriented qrowth that will support downtown
businesses.
20 ORD. NO. 21-04
(This space intentionally left blank)
Fiflure 4.4.13-1 - Central Core
21
ORD. NO. 21-04
Beach Area: The .qoal for this area is to "preserve and enhance the character of these
areas, the public condition of the beach, the vitality of its center, and the natural
environment." The Master Plan calls for redevelopment of existing buildinqs in a
manner that places storefronts close to the street and parkin.q in the rear. Where
existin.q buildings are separated from the pedestrian ways by wide landscaped areas,
the addition of arcades and new building square footage to brinq the storefronts closer
to the street is encoura.qed.
Fi;lure 4.4.13-2 - Beach Area
22 ORD. NO. 21-04
SECTION 9. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(F)
Development Standards: The development standards set forth in Section 4.3.4
shall apply, except as modified below. In case of conflict with other applicable
development re.qulations, this Section shall apply:
(1) Height: The CBD is a geographic area in which exceptions to height
regulations are allowed pursuant to Section 4.3.4(J).
(a)
Overall Height of buildings shall be a minimum of twenty-five feet (25'}
and a maximum of forty-eight feet (48') in hei.qht. Exceptions to the
height limitations shall comply with Section 4.3.4(J~(3~ and (4).
(b) Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceiling.
(c)
Floor Height shall be a minimum of ten feet (10') for ground floors and
a minimum hei.qht of nine feet (9') for all other floors. All hei.qhts shall be
measured from finished floor to finished ceiling. Auxiliary and service
rooms, such as, garages, restrooms, closets, laundry rooms, dressing
rooms, storage rooms, mechanical, electrical, and plumbing equipment
rooms are exempted from the floor hei.qht re.qulations.
NOTE; HEIGHT
REGULATIONS
DO NOT 25 FT. MIN.
APPLY TO 48 FT. BUILDING
(2)
Fi~lure 4.4.13-3 - Building Helaht Reauirements
Open Space: A minimum of 10% non-vehicular open space shall be
provided; however, within the area encompassed by the boundaries of the
original Downtown Development Authority as described in Section 8.2.2(B),
and within those sections of the CBD zoning district located within the
23 ORD. NO. 21-04
Pineapple Grove Main Street area and east of the Intracoastal Waterway,
there shall be no minimum open space requirement. Notwithstanding the
provisions of this section, the body acting upon a development application
within the CBD may require that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to add
interest and provide relief from the building mass.
(3) Buildin~l Frontage and Front Setbacks:
(a) The buildin.q frontaqe for an interior lot is the portion of the lot abuttin.q
the primary street minus the required side setbacks.
(b)
The buildinq frontage for the primary street side of a corner lot is the
portion of the lot abutting the primary street minus the required side
setbacks.
The bui din.q frontaqe for the secondary street side of a corner lot is the
portion of the lot abuttin.q the secondary street minus the required front
and rear setbacks.
Fi~lure 4.4.13-4 - Buildin Frontaae
Building fronta.qe is expressed in percentaqes and may van/from floor to
floor.
Front and setbacks shall be taken from the property line, or if a
dedication is required, from the resu t n.q property line after dedication.
Buildin,q frontaqe and setbacks for propert es frontin.q on Atlantic Avenue
or A-1-A shall comply with Table 4.4.13-1.
The front setback area for buildin.qs frontinq on Atlantic Avenue shall be
paved with paving materials to match the ex st n.q sidewalks within the
Atlantic Avenue ri.qht-of-way.
24 ORD. NO. 21-04
(13) For corner lots with Atlantic Avenue side street fronta.qe, the first sixty
feet (60') of the buildin.q, taken from the Atlantic Avenue property line, or
if a dedication is required, from the resutin.q property line after
dedication shall comply with Table 4.4.13-1.
Buildin.q fronta,qe and setbacks for properties frontinR on streets other
than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2.
~uh A~ane RulIHinn T~
~Bbl ~a , Setb%K~%~i~lng
{m~n/max)
70%/90% O' / 70%/90% 5' mi~
Beach ~ea Finished -- / 10'max
(BA)m ~r~7' Remainine 24' min~ RemaininQ 17' min~
length -- ~ length 22',max
, , 50%max 12' / 50% max 17 min
38 to 48 Remainin~ 24' min / Remainino 29' min
length ~ length
/ 70%/90% 5' min or
Finished , / 10' max
orade to 25 ~ Remainin~ 17' min pr
/ I~nR~ 22' max
Central Core N/A ~ 70% max 17' min
(CC)m 26' to 37' ~ Remainin~ 29' min
~ length
, , ~ 50% max 29' min
37 to 48 lRemainine 41' min
lenqth
40' and /~00% max 4~' rain
~, ~ ~ dlnaF~0ntaae"
Roadwavs BuildinuHe~oh~ffe ~t)~ ~ ~mlnlmax)
70%/90% 5' mini
Finished qrade to 25' 10' max
Remainin~ length 17' mini
22' max
Other Right- 50% max 17' min
of-waysm 26' to 37 Remaininq lenqth 29' rain
25 ORD. NO. 21-04
50°/9 max 17' min
37' to 48'
Remaininq len.qth 29' min
48' and above 100% 41' min
70%/90% 5' rain/
Finished orade to 25' 10' max
Pineapple Remainin.q len.qth 17' min/
Grove Way 22' max
70% max 17' min
26' to 37' Remainin.q len.qth 29' rain
50% max 29' min
37' to 48'
Remainino lenoth 41' min
48' and above 100% 41' min
70%/80% m 15' rainm
Finished qrade to 25' 70%/90% (4) 10' min~
Rerna n n.q en.qth 27' min(3)
22' min~
NE and SE 70% max (3)(4) 15' min(3)
~ NE 26' to 37' 10' mint'43
and SE 6~ Rema n n.q en.qth 27' min
Avenues~m 50% max 34' min
Above 37' Rema n nq enqth 39' min
Notes to Tables 4.4,13-1 and 4.4.13-2:
Lots of record with a width less than fifty feet ~50') shall be exemoted from the buildinn
frontaae re(3uirements orovided a minimum five (5) to maximum ten foot ~10') setback be
provided for the portion of the buildinn from finished (3fade to twenty-five feet {25') in
hei.qht and a minimum seventeen foot (17') setback is arcvided above a heioht of twenty-
five feet ~25').
The applicable develooment renulations for arcades. Arcades shall have a minimum
width of twelve feet (12'), inclusive of columns or pilasters ua to a maximum width of two
feet ~2'~.
(3) Residential occuoancv on the around floor and arimarv entrances shall be oriented
towards NE and SE §m or NE and SE 6m Avenues.
Mixed-use/Non-residential occupancy on the around floor.
The same development standards that apply to the front arcoertv line shall aealv to the
first sixty feet (60') of the buildinf:l facing3 the side street aroaertv line.
{6) Buildin.q fr0ntane reouirements for oarkin~ ~3ara~es may be increased to a maximum
100% for all floors by the Site Plan Review and ADaearance Board or the Historic
Preservation Board subiect to compliance with Section 4.6.18(B)H4~{vi)4). Parkinn
Garages.
(7) The buildin.q setback requirements for portions of parkin(3 naraoes above twenty-five feet
(25') may be waived by the Site Plan Review and Appearance Board or the Historic
Preservation Board subiect to compliance with Section 4.6.18~B)('14)~vi~). Parkine
Gara~]es, and a minimum five {5) to maximum ten foot ~10') setback for the portion of the
buildinq from finished ~rade to twenty-five feet ~25') in heiaht.
26 ORD. NO. 21-04
(8) For sites with multiple buildinas, the buildina immediately abuttina the roadway(s) shall
comply with the buildina frontaae and setbacks in Table 4.4.13-1 and 4.4.13-2,
(9) Buildinq floors shall be setback in increments of twelve feet (12') to create a vertical
stepped back appearance.
(10) Buildinq and site de$iqn shall incoreorate Crime Prevention Threu(~h Environmental
Desi,qn {CPTED) standards to the areatest extent Possible.
(This space intentionally left blank)
27 ORD, NO. 21-04
Fi~lure 4.4.13-5 - BuildinA Fronta~les and Setbacks for Atlantic Avenue or A-1-A in Beach Area
28 ORD. NO. 21-04
FI;lure 4.4.13-6 - Bulldln~l Fronta~les and Setbacks for Atlantic Avenue in Central Core Area
29 ORD. NO. 21-04
Fiflure 4.4.13-7 - Bulldin;I Frontafles and Setbacks for PineaDr)le Grove Way
30 ORD. NO. 21-04
Fiflure 4.4.13-8 - Buildln~ Frontafles and Setbacks for NE/SE st~ and 6th Avenues
31 ORD. NO. 21-04
Figure 4.4.13-9 - Buildin~l Frontages and Setbacks for Other Roadways
32 ORD. NO. 21-04
(4) Side interior setbacks for all buildin.qs shall be as follows:
Zero feet (0') from the property line if there is vehicular access available
to the rear of any structure, or
Ten feet (10') from the property line where no vehicular access is
available to the rear of any structure. For a side interior lot, a ten foot
(10') setback is required only on one (1) side.
(5) Side Street Building Frontage and Setbacks
(a) Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resulting property line after dedication.
(b) Side street buildin,q fronta.qe and setbacks shall comply with the
applicable roadway requirements in Tables 4.4.13-1 and 4.4.13-2.
For corner lots frontin.q on Atlantic Avenue, Pineapple Grove Way, NE
and SE 5tn Avenues, or NE and SE 6t~ Avenues the same development
standards that apply on Atlantic Avenue, Pineapple Grove Way, NE and
SE 5tn Avenue, and NE and SE 6m Avenue shall apply to the first sixty
(60) feet, taken from the Atlantic Avenue, Pineapple Grove Way, NE
and SE 5tn Avenue, or NE and SE 6m Avenue property line, or if a
dedication is required, from the resultinq property line after dedication.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT,
PRIMARY R.O.W.
Figure 4.4.13-10 - Corner lots with Atlantic Avenue~ Pineapple Grove Way, NE/SE 5th Avenue or
NE/SE 6t~ Avenue Frontage
Rear setback for all buildin.q floors shall be a minimum of ten feet (10') from
the property line.
33 ORD. NO. 21-04
Structures Allowed Within Setback
Balconies may encroach a maximum of four feet (4') into the setbacks.
LORRias and Trellises above the qround floor are allowed to encroach
into the setbacks provided they do not exceed the required buiidin,q
setback of the portion of the floor directly below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet
(4').
ROOF EAVES MAX. 4 FT.
BALCONIES 4 FT* MAX.
PROPERTY UNE
Figure 4.4.13-11 - Encroachments
SECTION 10. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(G), "Supplemental District Regulations," of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(G)
Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall
also apply.
(1) Parking:
(a)
Within that portion of the CBD bounded by Swinton Avenue on the west,
N.E. 1st Street on the north, the Intracoastal Waterway on the east and
S.E. 1st Street on the south, the parking requirements for all non-
residential uses, except restaurants, shall be one space for each 300
34 ORD. NO. 21-04
(b)
(c)
(d)
(e)
square feet or fraction thereof. The parking required for the creation of
new floor area, shall also include the replacement of any previously
required parking which may be eliminated. Within all other geographic
areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall
apply, as further modified within this Subsection (G)(1).
When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the
requirement of only one new parking space, a one space exemption
shall be allowed. This exemption may only occur once per property.
If it is impossible or inappropriate to provide required parking on-site or
off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option
provided in Section 4.6.9(E)(3) may be applied.
The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area
The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
(2)
Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit.
Location of Guest Parking Spaces: Guest parking spaces must be
accessible to all visitors and guests and may be centralized or located
near recreational features within a development project.
35 ORD. NO. 21-04
SECTION 11. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(I), "Performance Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Performance Standards: These standards shall apply to all applications for new
development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre.
(1)
The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
required findings of Section 2.4.5(E), and other applicable standards of the
comprehensive Plan and Land Development Regulations. Notwithstanding
the above, the approving body may deny an application for increased density
where it is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development.
(2) The applicable performance standards for development under this section
are as follows:
(a)
The development offers variation in design to add interest to the
elevations and relief from the building mass. Fo:v..-,,.~.,v, .....
Building elevations incorporate several of the following elements:
diversity in window and door shapes and locations; features such as
balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing
features.
(b)
If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified design
elements with the main building through the use of similar building
materials and color, vertical and horizontal elements, and_architectural
stylc. Th~ g3;c;c ;~ '~'~o;"""'~ ;~' 3 mgnncr +~'"+ "~' .......... b,,~
c×it=. Development of a portion of the ground floor perimeter adjacent
to street rights of way is devoted to window displays or floor area for
36 ORD. NO, 21-04
(c)
(d)
active uses such as retail stores, personal and business service
establishments, entertainment, offices, etc., is encouraged.
A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and fiats. In projects consisting
of more than twelve (12) dwelling units, the proportion of efficiency or
studio type units may not exceed 25% of the total units, there is no
maximum percentage established for projects having twelve (12) or
fewer units, however, a mix of unit types and sizes is encouraged.
The project desi.qn shall create an overall unified architectural character
and ima.qe by the use of common elements between the buildinq(s),
parkin.q lot, and landscapin.q. Examples of some features that could be
incorporated to meet this standard are: Freestandin.q li.qht poles and
exterior li.qht fixtures that are decorative and consistent with the
(e)
(f)
architectural treatment of the buildin.q(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the buildin.q(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features that
meet the intent of this standard.
The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms or
lockers, covered parking, gardens, courtyards, or similar areas and/or
amenities.
The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a manner
that minimizes conflicts between vehicles and pedestrians. The public
street or streets immediately adjacent to the development are enhanced
37 ORD. NO. 21-04
in a manner that is consistent with the streetscape in the downtown area
(i.e., installation of landscape nodes, extension of_existing paver block
system, installation of approved street lighting, etc.).
(g)
The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h)
Projects fronting on Atlantic Avenue, N.E. 1st Street, or S.E. 1st Street
contain nonresidential uses on the ground floor. ' '
least fifty percent (50%) of the surface area of the front street wall(s) at
the ground floor of each such building is devoted to display windows_and
to entrances to commercial uses from outside the building.
The landscape plan for the development preserves and incorporates
existinq native veqetation (where available), provides new landscapin.q
that is in excess of minimum standards (in height and quantity),
demonstrates innovative use of plant material, improves site desi,cln,
provides useable open space or public plazas, and maximizes available
areas for pedestrian interaction. If necessary to achieve this standard,
the project may exceed the maximum setback aroa on the qround floor.
(3)
It is acknowledged that it may not be possible for projects which involve the
modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density
should be based upon compliance with those standards which can be
reasonably attained, as well as the project's ability to further the goal of
revitalizing the central business district (i.e., adaptive rouse of older structures
and the provision of housing in close proximity to employment opportunities
and services).
SECTION 12. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD)
District," Subsection 4.4.24(A), "Purpose and Intent," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to road as follows:
(A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a
mixed use district which is intended to:
*-(1) Provide for mixed uses of residential, office, and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation of
historic structures and, yet, maintain and enhance the historic and pedestrian
scale of the area;
*-(2) Stimulate greater awareness and pride in the City's architectural heritage,
and create an atmosphere and feeling of "Old Delray Beach";
38 OP, D. NO. 21-04
-'3~ Improve the environmental quality and overall livability of this Historic District
and stabilize and improve property value therein, and;
-*(4) Allow uses which promote preservation and adaptive rouse of all structures
within the District.
SECTION 13. That Section 4.4.24, "Old School Square Histodc Arts (OSSHAD)
District," Subsection 4.4.24(F), "Development Standards," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to road as follows:
(F) Development Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the development standards of the
CBD Zone District:
(b) Lots 1 ~,, Blcc~ 6",
(c) (a) Lots 1- 7 and19-24, Block69
(d) (b) Lots 7- 8, Block 75
(e) (c) Lots 1- 6, Block 76
2~ The followin.q locations shall be subiect to the development standards of the
GC Zone District:
Lots 13-16, Block 60
Lots 1- 4, Block 61
(2-)(3)Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or
provisions of the Banker's Row Development Plan, whichever is moro
permissive.
SECTION 14. That Section 4.4.28, "Central Business District - Railroad Corridor (CBD-
RC) District," Subsection 4.4.28(F), "Development Standards," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(F)
Development Standards: The development standards set forth in Section 4.3.4,
and the development standards of Section 4.4.13(F) shall apply, except as
modified below:
(1) Open Space. A minimum of ten percent (10%) non-vehicular open space
shall be provided.
39 ORD. NO. 21-04
SECTION '15. That Section 4.6.4 "Special District Boundary Treatment," Subsection
4.6.4(A), "Commercial Zoning adjacent to Residential Zoning," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The following special district
boundary treatments are to be minimums. If other treatments are required, the
requirements which provide for the greatest separation and most buffering shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a
Thirty-five (35) Foot Hei,qht Limitation:
Properties subiect to the development standards of the Central Business
District (CBD) or General Commercial (GC) District within the West Atlantic
Neighborhood (WAN) shall comply with the following:
(a)
Where the rear or side of a property directly abuts a zoning district
with a heiqht limitation of thirty-five feet (35') without any division or
separation between them of thirty feet (30') or more, such as a street,
alley, railroad, waterway, park, or other public open space, the
following shall apply:
(i)
For buildings or portion of the buildings thirty-seven feet (37') or
less in height, a ten foot (10') minimum building setback from the
property line shall be provided.
For buildings above thirty-seven feet (37') in height, a twenty-two
foot (22') minimum building setback from the property line shall
be provided for the portion of the building that is over thirty-seven
feet (37') in height.
(iii)
A solid finished masonry wall six feet in height, or a continuous
hedge at least 4-1/2 feet in height at the time of installation, shall
be located inside and adjacent to the portion of the boundary line
of the commercially zoned property which directly abuts the
residentially zoned property. If a wall is used, it shall have only
those openinqs as required by other city codes to meet hurricane
or severe storm construction standards. No walkways or other
pedestrian ways shall be located throu.qh the wall or hedge.
(2)
All other commercially zoned properties shall comply with the following:
(-1-)(a) Where the rear or side of commercially zoned property directly abuts
residentially zoned property without any division or separation between
them, such as a street, alley, railroad, waterway, park, or other public
open space, the commercially zoned property shall provide a ten-foot
building setback from the property line located adjacent to the
residentially zoned property. In addition, either a solid finished
masonry wall six feet in height, or a continuous hedge at least 4-1/2
40 ORD. NO. 21-04
feet in height at the time of installation, shall be located inside and
adjacent to the portion of the boundary line of the commemially zoned
property which directly abuts the residentially zoned property. If a wall
is used, it shall have only those openings as required by other city
codes to meet hurricane or severe storm construction standards. No
walkways or other pedestrian ways shall be located through the wall or
hedge.
Where the rear or side of commercially zoned property does not
directly abut residentially zoned property but is separated from it by an
alley, the commercially zoned property shall provide a ten-foot building
setback from the property line located adjacent to the separator.
SECTION 16. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(A) Minimum Requirements:
(1) The requirements contained in this Section are minimum aesthetic standards
for all site development, buildings, structures, or alterations except for single
family development.
(2) It is required that all site development, structures, buildings, or alterations to
same, show proper design concepts, express honest design construction,
and be appropriate to surroundings.
(B) Building and Structure Requirements:
(1)
Buildings or structures which are a part of a present or future group or
complex shall have a unity of character and design. The relationship of forms
and the use, texture, and color of materials shall be such as to create a
harmonious whole. When the area involved forms an integral part of, is
immediately adjacent to, or otherwise cleady affects the future of any
established section of the City, the design, scale and location on the site shall
enhance rather than detract from the character, value, and attractiveness of
the surroundings.
(2)
Buildings or structures located along strips of land or on single sites, and not
a part of a unified multi-building complex, shall strive to achieve visual
harmony with the surroundings, if they are built in undeveloped areas, the
three primary requirements shall be met: express honest design
construction, show proper design concepts, and be appropriate to the City.
(3)
All facades visible to public or adjacent property shall be designed to create a
harmonious whole. Materials shall express their function clearly and not
appear as a material foreign to the rest of the building.
41 ORD. NO. 21-04
(4)
To be harmonious, it is not to be inferred that buildings must look alike or be
of the same style. Harmony can be achieved through the proper
consideration of scale, proportion, site planning, landscaping, materials, and
color.
(5)
Look-alike buildings are not allowed unless, in the opinion of the Site Plan
Review and Appearance Board or the Historic Preservation Board, there is
sufficient separation to preserve the aesthetic character of the present of
evolving neighborhood. This is not to be construed to prohibit duplication of
floor plans and exterior treatment in a planned development where, in the
opinion of the Board, the aesthetics of the development depend upon, or are
enhanced by the look-alike buildings and their relationship to each other.
(6)
Buildings, which are of symbolic design for reasons of advertising, unless
otherwise compatible with the criteria herein, will not be approved by this
Board. Symbols attached to buildings will not be allowed unless they are
secondary in appearance to the building and landscape and are an aesthetic
asset to the building project and neighborhood.
(7)
Exterior lighting may be used to illuminate a building and its grounds for
safety purposes, but in an aesthetic manner. Lighting is not to be used as a
form of advertising in a manner that is not compatible to the neighborhood or
in a manner that draws considerably more attention to the building or grounds
at night than in the day. Lighting following the form of the building or part of
the building will not be allowed if, in the opinion of the Board, the overall
effect will be garish or detrimental to the environment. All fixtures used in
exterior lighting are to be selected for functional aesthetic value.
(8) Building surfaces, walls, and roofs that are considered garish by the Board
will be denied approval.
(9)
"Take-out" or "pick-up" windows or doors cf ;et=!! c: ';:hclc=c~c
esta)alishmeR~ shall not be located on a building facade that faces a public
right-of-way, unless they are designed in a manner as to be an aesthetic
asset to the building and neighborhood.
(10) All exterior forms, attached or not to buildings, shall be in conformity to, and
secondary to, the building. They shall be an asset to the aesthetics of the
site and to the neighborhood.
(11 ) All telephones, vending machines, or any facilities dispensing merchandise,
or a service on private property, shall be confined to a space built into the
building or buildings or enclosed in a separate structure compatible with the
main building.
(12) Gasoline Stations:
42 ORD. NO. 21-04
(a)
Symbolic color of the exterior facades or roofs may not be used unless
they are harmonious with the atmosphere of the neighborhood and the
city.
(b)
Exterior display of goods for sale or displays designating a service will
not be allowed, except that a display of goods and tools of a service may
be displayed on the pump island, provided the island is not considered
by the Site Plan Review and Appearance Board or Historic Preservation
Board to be enlarged to take advantage of this provision, and provided
the goods and tools be such that they can be used or installed at the
island. For example: An oil rack As acceptable, but a tire display is not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbuildings within a shopping center shall be compatible in
terms of color, materials, and architectural style.
(b)
Procedure: The Site Plan Review and Appearance Board shall make a
finding of such compatibility prior to approval of outbuilding elevations.
If the Board determines that there is not compatibility with respect to any
of the items, then it shall deny the elevations. However, if the Board
feels, despite the incompatibility, the elevations should be approved they
shall forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall take final
action.
43 ORD. NO. 21-04
Buildings within the Downtown Area: These additional criteria shall be
applicable to buildinqs located within the CBD and those areas within the GC
within the West Atlantic Nei.qhborhood (WAN), OSSHAD, CBD-RC zonin.q
districts. In case of conflict, the more restrictive re.qulation shall apply. All
buildin.qs shall comply with the followin.q requirements:
Roofs and Gutters:
1) Roof eaves above pedestrian walkways must be quttered to
promote a pedestrian friendly environment.
2_) Roofs and .qutters must be built of durable materials and
inte.qrated into the architectural desi.qn of the buildinq.
Flat roofs shall be screened from adjacent properties and
streets with decorative parapets. The maximum heiqht of the
parapet wall shall be six feet (6') in hei.qht or sufficient hei.qht
to screen all roof mounted equipment, whichever is .qreater,
measured from the top of the roof deck to the top of the
parapet wall. Exception to the heiqht requirements shall be
pursuant to Section 4.3.4(J).
Roof mounted electrical, mechanical, air conditionin.q, and
communication equipment shall be completely screened from
adjacent properties and streets. A si.qht line study with the
followin.q information shall be submitted to Site Plan Review
and Appearance Board for approval:
A two-dimensional cress section, at a minimum scale of
1:100, of the site showing the building with the equipment
screening in relation to the adiacent properties or public
street.
Graphic illustration showin.q that the equipment is not
visible within a 200 foot radius. The radius shall be
measured from the exterior side of the screen to a point
ten feet (10') above finished .qrade.
5) Prohibitions:
a) Flat asphalt shin.qles.
b) Plastic (~utters.
(ii) Walls:
1) Materials:
44 ORD. NO. 21-04
There shall be a maximum of two (2) primary materials,
excludin.q windows, doors, accents and trims. These
materials shall be apprapdate to the buildinR style and
shall be consistent on all sides of the buildinR. The
materials shall be complementary and create visual
interest, such as shadow and depth, to the buildinq walls.
Materials used to simulate other materials shall count as
separate materials provided thera is a chanqe in texture,
color, and pattern of the finish.
Materials or patterns not expressly prohibited may be
used if the overall effect is complementary to the overall
amhitectural character and context of the adiacent
properties.
Metal curtain walls shall be limited to 30% of the total
buildinq exterior elevation.
Small setbacks or indentations, a minimum depth of ei.clht
inches (8"), shall be incorporated into a minimum 30% of
all buildin.q facades without any windows and doora.
e) Prohibitions:
i_) Prefabricated and pre-en.qineered metal wall
panels.
Metal curtain wall systems with 100% qlass and
metal combination.
Chain link fences are prohibited except within sites
containin.q outdoor recreation uses or facilities such
as baseball, tennis, racquetball, etc. in which case
they must be appropriately screened with
landscapin.q pursuant to Section 4.6.16.
Accessory structures such as perimeter fences and walls,
enclosures used for the screenin.q of mechanical and electrical
equipment, Ioadin.q and service areas, and/or dumpster and
recyclin,q areas shall be consistent with the amhitectural
treatment of the principal buildinq.
Treatment of blank walls:
~ Where blank walls are
unavoidable due to the
requirements of a particular land use or structural needs,
they shall not exceed a len.qth of fifty feet (50'), or twenty
45 ORD. NO. 21-04
b)
percent (20%) of the lenqth of the buildin,q facinR the
street, whichever is less.
Blank wall sections of allowed len.qths shall receive one
(1) or more of the followin.q special desi.qn treatments in
order to increase pedestrian comfort or create visual
interest:
Vertical trellis in front of the wall with climbin.q vines
or other plant materials over at least 30% of the
blank wail surface.
Control and expansion joints used in a decorative
pattern with varied materials or textures and spaced
a maximum of ten feet (10') on center. Relief and
reveal depth, if used in a pattern, shall be a
minimum of three-quarter (3/4) inch and shall be a
minimum of 30% percent of the blank wall surface.
Small setbacks, projections, or indentations with a
minimum depth of ei.qht inches (8"), or intervals of
material chan.qe to break up the wall's surface.
iv) Additional architectural details such as pilasters,
medallions, decorative panels or castin.qs,
decorative accent tiles, Iouvered vents, or public art
shall be inte.qreted on any exterior wall to avoid a
blank wall appearance.
(iii) Arcades, Porches, Trellises, LoR.qias and Balconies:
1) Materials:
a_.}Buildin.q materials shall be compatible with the
architectural treatment of the principal buildin.q.
b) Exterior walls or vertical surfaces shall not exceed 85%
of the lenqth of the arcade, porch, lo(~(~ia, or balcony.
2_1 Columns and posts:
The spacin.q between columns shall have a hei.qht to
width or width to heiqht ratio of 1:1, 2:1,2:3, 3:1 or 5:1 or
a proportion that will emphasize the buildin.q's vertical or
horizontal articulation or rhythm and incremental
appearance.
46 ORD. NO. 21-04
Structural columns or posts shall be a minimum of twelve
inches (12") in width or depth. Decorative posts or
columns with or without a lateral attachment, such as
railinqs, beams, trellis, or lattice, shall be a minimum four
inches (4") in size, width, or depth.
Arches over columns that ars part of an arcade shall
have no less than twelve inches (12")in depth.
(iv) Windows and Doors:
1_) Window and door shutters and decorative trims and moldings
shall be sized to match the dimensions of the wall openings.
The minimum transparency or qlass surface area on the
qround floor wall area of all non-residential buildings, shall be
a minimum of 75% of the wall area for that elevation. All
storefronts or glass areas abutting the street shall be
transparent, non-solar or non-mirrored, and have a light
transmission reduction of no more than twenty percent (20%).
Garage doors, entrances and exits with street frontage shall
be designed to have a decorative appearance consistent with
the overall architectural composition of the project.
All public entries, excluding emerqency exits, shall be easily
identifiable and integrated into the building architecture. Each
freestanding principal structure shall have a minimum of one
clearly defined primary public entrance feature.
5) Prohibitions:
a) Security bars on storefronts or display windows.
Back lit canopies or awnin.qs, neon or fluorescent
li.qhtinq, unless incorporated into the architectural
concept of the project or public artwork and approved by
the Site Plan Review and Appearance Board or the
Historic Preservation Board. An example of this may be a
design element associated with an Art Deco proiect.
(v) Miscellaneous:
A change in roof design, doors and window rhythm and
articulation, and building materials or textures shall be
required every 150 feet along a buildin.q's street fronta.qe.
Minimum spacing between the same architectural composition
shall be 300 feet.
47 ORD. NO. 21-04
A maximum of four (4) base wall colors shall be used for each
buildin.q, except as required for artworks as approved by the
Site Plan Review and Appearance Board or Historic
Preservation Board.
Miscellaneous free standin.ql wall or .qreund mounted
appurtenances such as electrical and .qas meters,
dumpster/recyclin.q, trash compactors, .qas tanks, air
conditioninR and communication equipment shall be enclosed
or screened and inteqrated into the buildin.q's architectural
treatment. The appurtenances shall also be prohibited within
the front yards..
Pedestrian amenities shall be inte.qrated into the overall
project desi.qn. These features shall be desi.qned as a focal
point of a buildin.q, within a public plaza, or to facilitate
pedestrian movement from a more intensive land use such as
a retail use to a less intensive land use such as an office use,
Similar architectural treatment shall be provided on all sides of
6_)
(vi)
the buildin.q.
Cross-ventilation, ener.qy efficiency, and qreen buildin.q desiqn
shall be considered for all projects.
Parkin.q qara.qes: Above Rreund parkinR RaraRes shall comply with
the architectural requirements of this Section and the followin.q
additional requirements:
Ramps shall be visually screened from streets and adiacent
residential zonin.q districts and oriented towards the interior of
the lot within a proiect where possible. Ramp profiles shall be
hidden on the exterior elevations.
Roof top parkin.q shall be visually screened with articulated
parapet walls or other architectural treatment acceptable to
the Site Plan Review and Appearance Board. Exterior li.qhtinq
shall utilize fixtures provided with cut-off shieldinq in order to
eliminate .qlare and spilla.qe onto adiacent properties and
roadways.
The openinqs of the Raraqe shall be desi.qned in a manner
that obscures parked vehicles. Decorative architectural
elements on the qround floor level shall be desiRned to
accommodate the pedestrian scale. Parkinq levels above the
qround floor shall maintain the same vertical and horizontal
48 OP, D. NO. 21-04
(c)
articulation or rhythm and incremental appearance established
on the Rround floor.
Due to the requirements of a particular land use or structural
needs, parkin,q .qara.qes or the .qara.qe portion of the buildin,q
may request an increase from the buildin.q frontaRe
requirements (to a maximum of 100% for all floors) or a waiver
from the setback requirements of Section 4.4.9(F)(2)(c) and
Section 4.4.13(F)(3) (for portions of the buildin.q above twenty-
five feet) subject to compliance with the followinq
requirements:
The RaraRe or the qaraqe portion of the buildinR
elevation provides unified desiRn elements with the main
buildin.q throu.qh the use of similar materials and color,
vertical and horizontal elements, and architectural style.
A minimum 50% of the qround floor perimeter of the
.qaraqe or the .qara.qe portion of the buildin.q adjacent to
street riqht-of-ways shall be devoted to window displays
or floor area for active uses such as retail stores,
personal and business service establishments,
entertainment, offices, etc .... This number may be
reduced by the Site Plan Review and Appearance Board
or the Historic Preservation Board.
c_) Architectural features shall be incorporated into the
facade to mitiRate the buildin,q's mass and bulk and
alonq portions of the buildin.q adjacent to street ri,qht-of-
ways.
(vii) In addition to the requirements of this Section, buildinqs within the
Pineapple Grove Main Street Nei.qhborhood shall comply with the
Desiqn Guidelines contained within the Pineapple Grove Main
Street Nei.qhborhood Plan. The Pineapple Grove Desi.qn Review
Committee shall review the project for compliance with the
Pineapple Grove Neighborhood Plan prior to action by the Site
Plan Review and Appearance Board and the Historical
Preservation Board.
Exterior Space: The scale of exterior space is to be relative to its neighborhood,
adjacent properties, buildings, access (roads and pedestrian routes), and its
activity. Building facades enclosing a space must be harmonious. Where,
because of their use or age, like facades are not possible, consideration should be
given to unifying the walls of the space by the application of landscaping, or man-
made objects of like design, at modular spacing. The floor of a space is of primary
importance. Its materials, texture, and color, contour, and shadow on it are to be
considered, not only in relation to the space, but to its setting. Careful
49 ORD. NO. 21-04
consideration shall be given to the preservation of natural vistas and to the future
development of vistas which open into undeveloped areas.
(D) Parking Lots and Vehicular Use Areas:
(1)
Parking lots and other vehicular use areas are to be designed as an aesthetic
asset to a neighborhood and to the building, group of buildings, or facility they
serve. ^ parking lot is to be considered an outside, transitional space which
is located between the access (such as roads) and the building, group of
buildings, or other outside spaces, which it serves. The parking lot, because
it is viewed from above as well as at eye level, should be designed
accordingly.
(2)
Parking lots, vehicular use areas, and their parked vehicles are to be
effectively screened from the public view and from adjacent property in a
manner that is attractive and compatible with safety, the neighborhood, and
facilities served.
(3)
The atmosphere within the parking lot and vehicular use area is to be park-
like, rather than the harsh hardstand of paving. Trees are of primary
importance in the landscape. They are not to be minimized in either height or
quantity. The tree imparts, especially in a relatively flat area, a sense of
three-dimensional space. It casts shadows that reduce the monotony of the
expanse of paving and creates a refuge from the tropical sun. Signs
designating entrances, exits, and regulations are to be of a tasteful design
and subject to review by the Site Plan Review and Appearance Board or the
Historic Preservation Board. The pavement is to be more than wall-to-wall
asphalt.
(4)
It is recommended that pavement be varied in texture or color designating
lanes for automobile traffic, pedestrian walks, and parking spaces. Bright-
colored pavement is to be used only with restraint. In order to create a
pleasant atmosphere, it is recommended that consideration be given to
sculpture, fountains, gardens, pools, and benches. Design emphasis is to be
given to the entrances and exits to the lot. Trash, refuse, and unaesthetic
storage and mechanical equipment should be screened from the parking lot.
(5)
Lighting is to be designed not only from the standpoint of safety and
resistance to vandalism, but for visual effect. It should avoid any annoyance
to the neighbors from brightness or glare. It should not impart a prison-like
atmosphere. Low lights of a modest scale can be used along with feature
lighting emphasizing plants, trees, barriers, entrances, and exits. The fixtures
are to be selected not only for their functional value, but for their aesthetic
qualities. They are to be considered furniture of the parking lot visible both
day and night.
50 ORD. NO. 21-04
(E)
Criteria for Board Action: The following cdte#a shall be considered, by the Site
Plan Review and Appearance Board or Historic Preservation Board, in the review
&plans for building permits.
If the following cdteria are not met, the application shall be disapproved.
{a} The plan or the proposed structure is in conformity with good taste,
good design, and in general, contributes to the image of the City as a place of
beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.
{-b} The proposed structure, or project, is in its exterior design and
appearance of quality such as not to cause the nature of the local
environment or evolving environment to materially depreciate in appearance
and value.
{-~ The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
(4.6.18 (B)(14))
SECTION 17. That "Appendix A - Definitions" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby modified as follows and re-alphabetized:
Accent/trim. An architectural element such as moldinqs, stucco bandin.q, tile inset,
medallions, pilasters, vents and louvers, etc. that is used to emphasize or supplement
the architectural composition of a buildin.q.
Arcade A covered walk with mixed-uses, residential, or non-residential uses on one
side and a line of arches or colonnades raised on columns or piers on the other side.
For the purposes of this Code, a street is usually located adjacent to the side of the
arcade which contains the line of arches or colonnades.
Architectural Composition The scale, heiqht, mass, proportion, color, form, style,
detail, treatment, texture, construction material, and roof desi.qn of a proiect or buildinq.
Articulated Parapet A parapet with heiqht variations and decorative architectural
treatment.
Balcony A proiectin.q platform on a buildin.q, sometimes supported from below,
sometimes cantilevered; enclosed with a railin.q or balustrade.
Blank Walls Any wall or portion of a wall twenty (20) or more feet in len.qth that is
visible to the public and is without windows, doors, wall openinqs, or other architectural
treatments.
Building Frontage
51 ORD. NO. 21-04
(a) The buildinq frontage for an interior lot is the portion of the lot abutting the primary
street minus the required side setbacks.
(b) The buildinq frontage for the primary street side of a comer lot is the portion of the
lot abuttinq the primary street minus the required side setbacks.
(c) The building frontage for the secondary street side of a corner lot is the portion of
the lot abutting the secondary street minus the required front and rear setbacks.
(d) Building frontage is expressed in percentages and may vary from floor to floor.
Compatible/compatibility Design which utilizes accepted site planninq (e.g. building
placement orientation and siting) and the elements of architectural composition within
the context of the surroundin,q area. Similar adjacent land uses or square footage shall
not necessarily constitute architectural compatibility,
Complement/complementary Having similar architectural composition.
Loggia An arcade that is roofed but open alonq the front or side of a building, and
often on an upper level
Liner Building A buildinq, minimum twenty foot (20') in depth, taken from the building
frontaqe line to the rear of the buildin.q, with a storefront or a nonresidential use along
the street. These buildings also ara used to hide the ground floor of parking garages or
blank buildin.q walls, restore gaps in the streetscape between buildin.qsl or create new
mixed-use spaces in small increments of development. When done in continuous
sections, these buildings can provide continuous street frontages. Typically, a liner
buildinq footprint is not deeper than one row of parkinq spaces.
Live/work A space which contains a residential unit and a nonresidential use with a
common entrance. The occupant of the residential unit must be the proprietor or owner
of the business that occupies the nonresidential portion of the building. For buildings
with more than one story, the residential unit shall be accessed from the nonresidential
portion of the buildin.q by a common stair or elevator. The residential unit shall be
limited to a maximum of 1,500 square feet.
Metal curtain wall An exterior building wall which carries no roof or floor loads and
consists entirely or principally of metal, or a combination of metal and .qlassl and other
surfacinq materials supported by a metal framework.
Street A strip of land, owned privately or publicly, which affords ieqal access to
abutting land and is designated for vehicular traffic. "Street" includes road,
thorou.qhfarel parkway1 avenue1 boulevard, expressway, lane1 throuqhwayI place1 and
square or however otherwise desiqnated. Streets are further classified accordinq to the
function they perform.
52 ORD. NO. 21-04
Public Plaza A portion of land which is available to the public for respite, civic or
assembly uses. Seatinq or dining area for a tenant shall not be counted as part of the
public plaza. Public plazas must have a minimum size of 150 square feet in area and a
minimum len.qth or width of ten feet (10') may and may include impervious surfaces
such as concrete, pavers, brick, or other decorative surface treatment.
SECTION 18. SEVERABILITY: That should any section or prevision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a curt of
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 19. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
SECTION 20. CAPTIONS: The captions, section headings, and section designations
used in this ordinance are intended for the convenience of users only and shall have no
effect in the interpretation of the provisions of this ordinance.
SECTION 21. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
provision of this ordinance shall become and be made a part of the Land Development
Regulations of Delray Beach, Florida. The Sections of the ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION 22. EFFECTIVE DATE: The previsions of this ordinance shall become
effective thirty (30) days after the ordinance is adopted by the City Commission.
53 ORD. NO. 21-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
City Clerk
First Reading
Second Reading __
MAYOR
54 ORD. NO. 21-04
[ITY OF DELR[iV BEflEH
CITY ATTORNEY'S OFFICE
DEL~AY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 5611278-4755
Wdter's Direct Line: 561/243-7091
Al.Anwiea City
DATE:
TO:
MEMORANDUM
April 12, 2004
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Ordinance No. 27-04
Clarifying Optional Forms of Retirement for the General Employees
Pension Plan
The City is revising a previous ordinance adopted recently presenting optional
forms of retirement because the City's actuary, Steven Palmquist requested
certain changes to clarifying the ordinance.
The actuary has indicated that this present ordinance appropriately clarifies the
previous ordinance on the subject.
Please place the ordinance on the next available agenda. By copy to Harry
Hamilton, I am requesting that he send a copy of the newly revised ordinance to
the NCF&O Bargaining Unit for their information.
Attachment
Cc:
Barbara Garito, City Clerk
Harry Hamilton, Human Resources Director
Joe Safford, Finance Director
Sherry Muehlberg, Administrative Manager
ORDINANCE NO. 27-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT
AND PAYMENT", TO REVISE THE OPTIONAL FORMS OF
BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending subsection (E) of section 35.097, "Optional Forms of Retirement Income", to read as
follows:
Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(E) Optional forms of retirement income.
(1) In lieu of the amount and form of retirement income payable in the event of normal
retirement, early retirement, or termination of service as specified in subparagraphs (A), (B)
and (D)(1) of this section, a participant or a terminated participant may, upon written request
to the Committee submitted prior to the receipt of retirement income or benefits under the
plan, and subject to the approval of the Committee, elect to receive a retirement income or
benefit commencing on the date specified in subparagraphs (A), (B) and (D)(1) of this
section, whichever is applicable, of equivalent actuarial value payable in accordance with one
of the following options:
(a) Option 1. A retirement income of a modified monthly
amount, payable to the participant for life, except that in the event the participant dies
before receiving retirement income for a period of ten years, the same monthly benefit
will be paid to the beneficiary designated by the participant for the balance of the ten-year
period.
(b) Option 2. -1-:. A retirement income of a modified monthly
amount payable to the participant during the jc;~nt lifetime of the participant and following
th particip 's death ~.~
e ant ,.~.ou:~
~.~;o:-~, ..... ~:A. *^ .~': ..... * ~* ...... : .... ~.~--~C. Ar 100% 75% 66 660/O or
50% of the participant's modified monthly benefit shall be payable to the ioint pensioner for
this option shall be null and void if the designated joint pensioner dies before the
participant's retirement, unless the participant designates another joint pensioner in
accordance with Section 35 097(E)(2)
where a participant's joint pensioner is his/her spouse, the present value of payments to
the participant shall not be less than fifty percent (50%) of the total present value of the
payments to the participant and the participant and the joint pensioner.
(c) Option 3. In lieu of the other optional forms enumerated in
this section, and upon the request of a participant, retirement benefits may be paid in any
form approved by the Board so long as actuarial equivalence with the benefit otherwise
payable is maintained.
(2) A participant, upon electing any option under this section, shall designate
the joint pensioner or beneficiary to receive the benefit, if any, payable under the plan in
the event of the participant's death, on a form provided by the Committee. The
participant may revoke or change the designation of a joint pensioner or beneficiary at
any time prior to the commencement of retirement income or benefits, by submitting such
change in writing on a form provided by the Committee. A participant may also change
the designation of a joint pensioner or beneficiary after the commencement of retirement
income or benefits, subject to approval by the Committee, and in accordance with the
following:
(a) The participant must pay the full cost of determining the equivalent
actuarial value of the benefit payable.
(b) The consent of a participant's joint pensioner or beneficiary to any
change in such designation shall not be required.
(c) The amount of retirement income payable to the participant upon
the designation of a new joint pensioner shall be actuarially redetermined, taking into
account the benefits already received by the participant, and the age and sex of the former
joint pensioner, the new joint pensioner and the participant.
2 ORD. 27-04
(d) Each designation of a joint pensioner or beneficiary shall be made
in writing on a form provided by the Committee.
(e) In the event that no designated beneficiary survives the participant,
the benefits payable in the event of the participant's death subsequent to retirement shall
be paid as provided in Section 35.100(A) of this subchapter.
(3) Retirement income payments will be made under the option elected in
accordance with the provisions of this division and will be subject to the following
limitations:
(a) If a participant dies prior to his retirement under the plan, or if a
terminated participant dies prior to the commencement of normal retirement income, no
benefit will be payable under the option to any person, but benefits will be payable as
provided in subparagraph (D) of this section.
(b) If a participant's designated beneficiary or joint pensioner dies
before the participant's retirement under the plan, the option elected will be cancelled
automatically and retirement income in the normal form and amount will be payable to
the participant upon retirement as if the election had not been made, unless a new election
is made in accordance with the provisions of this section, or unless a new beneficiary or
joint pensioner is designated by the participant prior to retirement.
(c) If both the participant and designated beneficiary die after the date
the participant's retirement income commences under the plan, but before the full
actuarial value of benefits under the provisions of subparagraph (E)(1)(a) or (c) has been
received, the Committee may, in its discretion, direct that the commuted value of the
remaining payments be paid in a lump sum and in accordance with Section 35.100(B).
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not operate to invalidate the remainder hereof.
Section 3. That this ordinance shall become effective immediately upon its
passage on second and final reading, except as to plan participants who are covered under a
collective bargaining agreement. This ordinance shall become effective as to the excluded
employees immediately upon the date of ratification and execution of a collective bargaining
agreement or memorandum of understanding that includes the provisions of this ordinance.
3 ORD. 27-04
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ., 2004.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. 27-04