Loading...
04-21-15 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, pril 21, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for Participation: 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 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 the City Manager at 243-7010, 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. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 -Fax: (561) 243-3774 www.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. April 14, 2015- Special/Workshop Meeting 5. PRESENTATIONS: A. Recognizing and commending Charles Landford Hanna for his 1001h-birthday B. Spotlight on Education—Morikami Park Elementary School 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT/150 OCEANSIDE: Motion to Approve the certification of a final subdivision plat for 150 Oceanside, a proposed 6-unit townhouse development, located at the southwest corner of Thomas Street and Andrews Avenue. B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/DELRAY MODERN, LLC: Motion to Accept right-of-way deeds for five (5) feet of right-of-way dedication for the property located at 318-320 N.E. 71h-Avenue and 326-330 N.E. 7th Avenue. C. RESOLUTION NO. 19-15/LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Motion to Approve Resolution No. 19-15, authorizing the increase in funding for the Local Agency gram (LAP) Agreement with the State of Florida Department of Transportation (FDOT) via a supplemental agreement to provide additional funding in the amount of$70,940.00 for the department's participation in extension of a bike lane along Northbound Federal Highway and additional traffic related to Federal Highway Beautification Project (P/N 2009-011). D. SIDEWALK IN-LIEU FEE/712 N.E. 3ER STREET: Motion to Approve a request from the property owner of 712 N.E. 3rd Street to pay a fee in-lieu of sidewalk installation. E. CHANGE ORDER NO. 1/ SOUTHEAST GUARDRAIL AND ATTENUATORS (SGA): Motion to Approve Change Order No. 1 to Southeast Guardrail and Attenuators in the amount of $5,300.00 via a contract from Palm Beach County (Project No. 2014-051) for the installation of two (2) additional openings in the Barwick Road Guardrail. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Change Orders, Beyond the Scope of Work". Funding is available from 334-3162-541-65.36 (General Construction Fund: Capital Outlay/ Barwick Road). F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) ARBOR TREE & LAND, INC.: Motion to Approve Contract Closeout (Change Order No. 1/Final) in the amount of $31,836.95 decrease and final payment in the amount of $4,565.40 to Arbor Tree & Land, Inc. (Bid No. 2014-21) for completion of the Drainage Swales FY13 Project No. 13-043. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) B & B UNDERGROUND CONTRACTORS, INC.: Motion to Approve Contract Closeout (Change Order No. 1/Final) in the amount of $727,866.00 decrease and final paw in the amount of$32,204.62 to B&B Underground Contractors, Inc. (Bid No. 2014-171 for completion of the Delray Shores Water Main Project No. 13-028. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". H. CONTRACT EXTENSION/BECK'S TOWING & RECOVERY, INC.: Motion to Approve a six-month contract extension with Beck's Towing & Recovery, Inc. for wrecker/towing services for the Police Department. Funding is available from account 001-2115-521-52.23 (General Fund: Police/Law Enforcement/Operating Supplies/Investigative Expenses). I. MUTUAL AID AGREEMENT/MULTI-AGENCY TRANSPORTATION THEFT TASK FORCE: Motion to Approve a Mutual Aid Agreement between the Florida Department of Law Enforcement, Delray Beach Police Department and multiple agencies throughout Broward, Miami-Dade, and Palm Beach Counties to combat racketeeriniz activity, theft and related criminal violations. J. PROCLAMATIONS: 1. Water Professionals Month —April 2015 2. Administrative Professionals Week-April 19-25, 2015 3. Municipal Clerks Week—May 3 - 9, 2015 4. National Day of Prayer—May 7, 2015 K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period March 30, 2015 through April 10, 2015. L. AWARD OF BIDS AND CONTRACTS: 1. Motion to Approve a Bid Award to Image Janitorial Services, Inc. (Bid No. 2015- 13) in the amount of $32,640.00 for janitorial services at the Municipal Golf Course. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 445-4711-572- 34.90 (Delray Beach Municipal Golf Course: Other Contractual Service). 9. REGULAR AGENDA: A. CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) DECISION/ THE CARING KITCHEN: Consider an appeal of a decision of the Site Plan Review and Appearance Board's approval of the Class III site plan modification for The Caring Kitchen located at 196 N.W. 81h- Avenue. (Quasi- Judicial Hearin,-) B. TEMPORARY USE PERMIT AND WAIVER FOR A MODULAR KITCHEN/ HARBOUR'S EDGE: Consider approval of a request for waiver to Land Development Regulations Section (LDR) 2.4.6(F), "Procedures for Obtaining Permits and Approvals", and a temporary permit to allow a modular kitchen during building renovations for Harbour's Edge located at 401 East Linton Boulevard. (Quasi-Judicial Hearin C. CONDITIONAL USE REQUESTS FOR HEIGHT AND DENSITY AND ONE BEDROOM UNIT MIX WAIVER FOR THE METROPOLITAN: Consider approval of a conditional use request to allow an increase in density in excess of thirty (30) units per acre (51.67 units per acre proposed) and to allow the building height to exceed 48 feet (57' proposed); and a waiver request to Land Development Regulations (LDR) Section 4.7.9(i), "General Provisions", to allow an increase in the percentage of one- bedroom units from the maximum allowed 30% to up to 50% for The Metropolitan, a proposed mixed-use development located at the northeast corner of S.E. r Avenue and S.E. 0 Street. (Quasi-Judicial Hearing) D. WAIVER REQUEST FOR OVERHEAD DOORS FACING A RIGHT-OF-WAY FOR JTS WOODWORKING: Consider approval of a waiver to Land Development Regulations (LDR) Section 4.4.19(H)(3), "Special Regulations", pertaining to overhead doors facing a right-of-way for JTS Woodworking located at 71 N.W. 18th Avenue. (Quasi-Judicial Hearing) E. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. (PBA): Motion to ratify the Collective Bargaining Agreement between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the period of October 1, 2014 through September 30, 2017. F. SERVICE AUTHORIZATION NO. 12-07/WANTMAN GROUP, INC.: Motion to Approve Service Authorization No. 12-07 with Wantman Group, Inc. in the amount of $65,321.70 to provide professional design services (RFQ No. 2012-06) related to the Lewis Cove Road Drainage Project No. 14-065. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional Services/Engineering/Architect). G. PURCHASE AWARD/SOUTHERN SEWER EQUIPMENT SALES/ SCHWARZE STREET SWEEPER: Motion to Approve the purchase of one Schwarze Street Sweeper from Southern Sewer Equipment Sales in the amount of$222,605.10 through the Florida Sheriffs Contract No. 14-12-0904. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 501-3312-591.64-20 (Garage Fund: Vehicle Replacement/Machinery/Equipment/Automotive). H. PURCHASE AWARD/ STROBES-R-US: Motion to Approve a purchase award to Strobes-R-Us in the amount of$86,820.00 using Broward Sheriff's Office Contract No. 13104030, which is effective August 12, 2013 through August 11, 2015 for fourteen (14) vehicles to be equipped for police service. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts". Funding is available from account 501-3312-591-64.20 (Garage Fund: Vehicle Replacements/ Intra-governmental Services/ Machinery / Equipment/ Automotive). I. RETROACTIVE APPROVAL OF SPECIALIZED WATER TREATMENT PLANT SPENDING GREATER THAN $25,000.00 AND ADVANCED AUTHORIZATION OF FUTURE SPENDING LIMIT: Motion to Approve retroactive acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. in the amount of $38,746.02; and motion to approve advanced FY 2015 expenditures not to exceed $75,000.00 with Southland Controls, Inc. and Water Treatment and Controls, Co. for work related to repairs and maintenance to specialty equipment at the Water Treatment Plant. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". J. RETROACTIVE APPROVAL OF AGREEMENT/COMMUNITY CHILD CARE CENTER OF DELRAY BEACH/OUT-OF SCHOOL PROGRAMS AT VILLAGE ACADEMY AND PINE GROVE ELEMENTARY SCHOOL: Motion for Retroactive Approval of the allreement with Community Child Care Center of Delray Beach, Inc., for funding and operating the Out-of-School Services Programs at Village Academy and Pine Grove Elementary School; and consider approval of the Grant Agreement with Community Child Care Center of Delray Beach, Inc. for Out-of-School Services Programs at Village Academy and Pine Grove Elementary School. K. WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH, CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD, AND CDS FREECORE LLC. FOR ATLANTIC CROSSING: Motion to Approve a Workforce Housing Covenant between the City of Delray Beach and CDS Delray Redevelopment, LLC, CDR Atlantic Plaza, LTD, and CDS Freecore LLC., pursuant to the requirements under Section 4.7 of the Land Development Regulations. L. DISCUSSION REGARDING THE POLICE ADVISORY BOARD: Staff will discuss the history and future direction of the Police Advisory Board. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 10-15 (SECOND READING): Motion to Approve an amendment to Chapter 33, "Police and Fire Rescue Departments", Section 33.60, "Definitions"; Section 33.62, "Benefit Amount and Eligibility", and Section 33.689, "Retirement Benefit Enhancement"; to conform the Code to the terms of the new Collective Bargaining Agreement. 11. FIRST READINGS: A. ORDINANCE NO. 11-15 (FIRST READING): Motion to Approve an amendment to Chapter 36, "Acquisition of Goods and Services and Disposal Of City Property"; amending Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method"; Creating Section 36.14, "Local Business Preference"; Establishing a Local Business Preference In The Acquisition of Goods And Services; Providing Definitions and Certification Requirements for same; Providing for Exclusions from and Waiver of Local Business Preference; Providing a Saving Clause, a General Repealer Clause, and an effective date. If passed, a public hearing will be held on May 5, 2015. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. NONE SPECIAL/WORKSHOP MEETING APRIL 14,2015 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday,April 14, 2015 Roll call showed: Present- Vice-Mayor Shelly Petrolia Deputy Vice-Mayor Alson Jacquet Commissioner Mitch Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special/Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. Public Comments Mayor Glickstein opened the meeting for public comment on the special/workshop meeting items. Public: 1. Karen Granger - spoke regarding the Delray Affair and stated she will report back to the City Commission in a few weeks. 2. Ron Gilinsky - echoed Ms. Granger's comments regarding the Delray Affair. He also spoke about left hand turns on Atlantic Avenue, commented about traffic and eliminating commercial vehicles, signage improvement, and opening SE 1s` street as two lanes. 3. Robert Schmidt - thanked the City Commission for putting the Artists Alley discussion on the agenda this evening. Mr. Schmidt stated there is lots of uncertainty regarding this. 4. Mavis Benson, owns a gal!M— spoke regarding left hand turns and read a statement into record regarding the blocking of intersections and U turns. She also commented about the closing of streets for special events. 5. Roy H. Simon - commented about no left hand turns on Atlantic Avenue and provided a letter to the City Commission. He discussed the bridge, trains, drivers, and two streets that go north and south. Mr. Simon stated signage is needed regarding not blocking intersections. He asked Commission to not ban left hand turns. 6. David Cook, Chair of Downtown Development Authority [DDA] -read the DDA statement into record regarding left hand turns on Atlantic Avenue. He stated the DDA is available to assist in any way they can. 7. Gary L. Fishman - stated he feels his neighbors have been misled. He read a statement into record and asked that the City Commission reconsider the offer. 8. Bruce Bastian-spoke about the Lake Ida item. He stated the property should be made into a park and the city should keep the greenway space. 9. Reggie Cox—urged the City Commission to review the short term and long term goals and set policy to filter down to the Departments. He spoke regarding Clean and Safe and asked Commission to view this globally-look at a multi-year strategy. Mr. Cox stated the City Commission should not forget about the West Atlantic Plan and stated this needs to be revisited as well. 10. Patrick Halliday, representing the Delray Beach Bicycle Club — spoke regarding the Lake Ida property. He stated he had not found anyone against development of a park. Mr. Halliday stated the neighborhood seems to oppose more development in that area. He commented that this property is important because it connects an entire greenway system. 11. Jim Chard, representing Human Powered Delray— stated they are all for a bikeable and walkable city. He stated they have a grant proposal on behalf of the city in to the County. Mr. Chard spoke about the greenway. 12. Daniel Levinson - spoke about the Lake Ida item. He stated he has spoken to residents around the lake for the preservation of this land. Mr. Levinson commented on the history of Delray Beach and open spaces. He stated Lake Ida is a gem. 13. Taylor Levy - thanked the City Commission for considering this item and read a statement into record. He commented about the Lake Ida property and green space. 14. Jule Guaglardi, owner of Roxy Lulu's — spoke regarding Pineapple Grove merchants. She stated she and others invested in that location because of what they felt it would become. Ms. Guaglardi stated getting people to come into the area is such a feat and feels no left turns regarding NE 2nd will cause people to not come to Pineapple Grove. 15. Bill Bathurst - spoke regarding the Lake Ida green space (4 acres). He stated this is an opportunity and asked the City Commission to do what they can to acquire this and offered his help. 16. Lori Sturgiss — spoke regarding the Artists Alley and stated if this is maintained it will help businesses. 17. Kevin Warner—stated he hates hearsay. He discussed the Lake Ida land and commented on an email from the Palm Beach County Administrator to City Manager Donald B. Cooper. Mr. Warner stated there are very pressing needs in this city. 18. Chuck Ridley — referenced the City Commission goals and cutting non-essential services and spoke on behalf of the blue collar workers. He also stated that he served as Chair of the Downtown Master Plan committee years ago. Mr. Ridley stated the Southwest Plan came out of this and asked the City Commission to review the plan and incorporate it. 19. Al Martell, owns a business on SE 2nd Avenue — stated he echoes Ms. Guaglardi's comments about no left hand turns. He stated business owners are afraid and feels this is environmentally wrong regarding traffic. Mr. Martell stated there has to be another way. 20. Victor Kirson- commented on the City's multi-year plan and stated he feels the city needs a tourist tax. 2 April 14,2015 21. Christina Betters, owner of Christina's on 2nd Avenue - asked why the south end of the bypass is not 2 ways and spoke regarding no left hand turns. She stated this will hurt Pineapple Grove and asked the City Commission to not ban left hand turns. 22. Dak Kalra (sp), owns property near Lake Ida site - stated the property has no land access and commented regarding his property being adjoined to the Lake Ida Property. Mr. Kalra stated Boynton Beach approved this site for development. 23. Glavidia Alexis, owns hair salon in Pineapple Grove -spoke about the elimination of left hand turns and asked the City Commission to find another solution. 24. Jason Bregman - stated he sent the City Commission an email today and stated the Lake Ida property can be left as a preserve. He commented that in the future this can help create a long greenway. Mr. Bregman spoke of the TIGER grant. He also referenced short and long term goals. 25. Julio Rodriguez-asked the City Commission to consider the Lake Ida property as part of land preservation. 26. Cindi Freeburn -spoke regarding the Lake Ida property. She stated this is an opportunity in regards to green space. She stated she feels this way about downtown and referenced long term goals. Ms. Freeburn stated there has to be a way to preserve our downtown-city. Mayor Glickstein then closed public comments as there were no other speakers. 2. ADOPTION OF CITY COMMISSION GOALS: CONSIDER ADOPTION OF GOAL SETTING OBJECTIVES/PLAN. Jack Warner, Chief Financial Officer, referenced the City Commission Goal Setting and highlighted the State of the City as well as the recommended response (multi year; integrated planning and budgeting process). He stated there is a need to grow and diversify the city's revenue base, institute a scheduled and continuing repair and replacement (R&R) program, focus on and invest in high value assets/programs, align organization and staffing to City Commission approved objectives and levels of service (LOS). Commissioner Jarjura thanked Mr. Warner for the presentation. She asked about the re-creation of departments i.e. expanding some departments or making some departments smaller. She asked if staff will be bringing in outside consultants to assist with this process. Mr. Cooper, City Manager, stated he will be making changes based upon functionality; and the changes will be targeted. He stated he will not be making changes to the Police and Fire-Rescue Departments. Mr. Cooper stated the Commission will see information regarding the changes next month. Commissioner Jarjura stated the city is far too reliant on ad valorem taxes and she likes that we are looking to diversify. She stated maintenance needs to be prioritized and that it will be difficult to turn down certain projects on the dais. Ms. Jarjura stated maintenance of environmental assets is important and spoke regarding the beach. She stated she wants these prioritized for upkeep on a daily basis. 3 April 14,2015 The City Manager stated maintaining what we have and the quality of life is the cheapest dollar spent. Vice-Mayor Petrolia stated the goal setting was very positive but she does not feel that way now after hearing this presentation. She stated she feels that the City Manager needs strong people beside him to get things done. She stated things/issues end up on the City Manager's desk that never should and spoke about waste management and beach cabana contract issues. Vice Mayor Petrolia stated she feels time is being wasted on certain things that it should not. She highlighted the Marina Historic District parking as an example of how much time was being spent on this issue as well as pension and dog on the beach issues. She stated it is difficult for her to focus on the positive right now. She stated she feels the money we have coming into the city is not being used right and asked that Commission makes sure that the City Manager is getting the right assistance that he needs. Mr. Cooper, City Manager, stated this is the first step of many to address those issues. Vice Mayor Petrolia referenced productivity and putting certain things to the top of the list and others to the bottom. She stated she feels the city's services are starting to look less. Deputy Vice-Mayor Jacquet stated he agrees that this is a downer. He stated the goals are succinct. He asked that special events be reviewed to determine which are for Delray Beach and which are not. He also spoke about essential and non-essential services in regards to employees who are the lowest paid. Mr. Jacquet stated this all needs to be thought out. He referenced things that have been on the table that are not getting done and referenced the turnover of City Managers. He stated in the last two years the city has had four (4) City Managers. He also commented on the Marina Historic District parking and no left hand turns. Commissioner Katz spoke regarding expectations and referenced Mr. Cooper's interview process. He stated he is looking forward to seeing certain things getting done and the City Manager establishing bandwidth necessary in order to get things done. Mr. Katz stated sometimes you have to make the investment of good personnel to get things done; and that he would like to see the city get past playing catch up. He stated we have a lot of work to do. Mayor Glickstein stated he appreciates the presentation. He stated Delray Beach is like the small company that did not grow with its complexities. He stated this will take some time and feels they have seen progress but it is coming painfully slow. He stated the City Manager has the City Commission's support. Mayor Glickstein commented regarding silos in the city being thick and as present as they were two years ago when he was first elected. He stated certain situations are constantly recurring when they should have been taken care of years ago. He spoke about getting the right people in the right positions-entrepreneurial spirit. He asked that the City Manager look for ways to create buy-in on how to make departments function better. Mayor Glickstein also asked the City Manager to be bold and stated this is what the City Commission saw in him. He spoke to Mr. Warner regarding the budget and stated the process has been backwards. He stated we are reinventing how this city does the most fundamental things. Mayor Glickstein stated he thought the Commission previously spoke about including West Atlantic in the whole master planning process. The City Manager stated West Atlantic will be added to the process because it is a City Commission priority. 4 April 14,2015 Mayor Glickstein stated there are going to be opportunities put before the Commission that they cannot hold off on just because we are fixing certain things. Vice-Mayor Petrolia asked about diversification of revenue sources, fees and taxes. Noel Pfeffer, City Attorney, stated the City Commission has no authority to impose a tax outside of Florida Statutes and provided information regarding a tourist tax. Discussion ensued amongst staff and the City Commission about recreating public infrastructure. Commissioner Jarjura commented on other opportunities based on the statutorily afforded powers given to the city by the state. Commissioner Jarjura moved to adopt goals and objectives including holding the millage steady at 7.1 mils, seconded by Vice-Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. WORKSHOP MEETING AGENDA 1. Public Comments-completed at the beginning of the meeting_ 2. Discussion regarding No Left Hand Turns along Atlantic Avenue Randal Krejcarek, Environmental Services Director, presented this item and reviewed the history of no left hand turns. He demonstrated possible routes to take. He stated pedestrian conflict points were discussed and while the points may be reduced, the conflicts will not. He stated staff reviewed two years of crashes (East Atlantic Crash History 2013 and 2014). Mr. Krejcarek highlighted issues that may arise with existing valet queues. He discussed routes that people would have to take to get to those valet queues. Commissioner Katz asked the Police Department about manpower to enforce no left hand turns at peak hours. He also asked about having Clean and Safe Officers provide assistance getting the traffic flow moving. Police Chief Jeff Goldman stated left hand turns is only one part of the issue. He stated it would be hard to have police officers out there all the time. Mayor Glickstein asked Lieutenant Moschette about eastbound traffic-is it a high volume of cars or is it because of pedestrians crossing streets. Lieutenant Moschette stated it is a high volume of traffic during peak times because cars have to wait for people to cross the street. Vice-Mayor Petrolia stated this will be a problem and she will not support no left hand turns. She stated the key here is enforcement. She stated there should be signage telling people not to block the intersections. She also spoke regarding bypasses being done and stated there will still be a problem after that. Vice-Mayor Petrolia stated if the city bans left turns this will create a problem for people trying to get to businesses. She reiterated that enforcement of not blocking intersections is most important. 5 April 14,2015 Commissioner Katz stated not having signage in place is the problem. He stated the signage is not well done and the city needs to work with the state regarding the signage. He commented about signs for directing persons into Pineapple Grove. He stated this will alleviate some traffic and stress on Atlantic Avenue. He stated this is a great presentation but would like to see more time and effort spent working with the state on signage. He stated he supports doing the right thing;not banning left hand turns. Commissioner Jarjura stated the signage and signalization should be consolidated. She stated she does not support having no left hand turns. Deputy Vice-Mayor Jacquet stated he will not support no left hand turns on Adantic Avenue and referenced previous Commission conversations regarding eliminating valet queues too close to Adantic Avenue on the south side of SE 2nd and removal of islands. Mr. Krejcarek stated the islands have been removed. Commissioner Jacquet asked about the pedestrian traffic on Atlantic Avenue. Police Chief Goldman stated there is another valet queue that causes problems on Atlantic Avenue. Mr. Krejcarek stated staff will address the valet issues next month. Deputy Vice-Mayor Jacquet stated this is part of the reason work in the city lags behind. Mayor Glickstein spoke regarding wayfaring signage and stated it should be part of the parking study. He stated the methodology to get people to use those assets should be addressed. Mayor Glickstein stated no left hand turns is not a good idea. It was consensus of the City Commission to not change anything regarding left hand turns on Atlantic Avenue. 3. Discussion regarding Artists Alley Property Mayor Glickstein stated this item is on the agenda to speak openly to the City Commission and the public about the status of this property. He stated the foreclosure is now owned by L&R and spoke regarding REO. He discussed their protocol regarding appraisal and broker options of value which will be then taken to the credit committee and put out to market. He discussed the fair market value for the property. Mayor Glickstein stated the pricing guidance he received was $3.5 million. He referenced deed restricting, changing zoning, and overlay. He stated the only way to do this is as an owner. Mayor Glickstein stated he has spoken to the Community Redevelopment Agency (CRA) and it is consistent with the CRA plan. He stated, per the owner, nothing will change in the next 60-90 days. He stated the CRA has a large investment there; and the city can make an offer on this with the CRA as the owner. Vice-Mayor Petrolia commented about how important the artists are to this city. She asked about the $3.5 million and mentioned the location (right on a train track). Mayor Glickstein stated this has restrictions. 6 April 14,2015 Jeff Costello, Executive Director/CRA, discussed appraisals for sites. He stated things have changed in 2015 rather quickly. He stated this is a two acre site and there are some changes in this dynamic. He spoke regarding the CRA plan and stated this will have to be taken to the CRA board regarding acquiring this. Mr. Costello stated it can be further discussed at the joint session between the City Commission and the CRA on April 29, 2015. He discussed the creation of affordable space as identified in the CRA plan that has been adopted by the City Commission. He spoke about retaining the arts related component. Commissioner Katz stated he is in support of saving this space but stated the city needs to look at the vison for the space for the next twenty years. He stated residents need to understand why the city would be spending this kind of money. Commissioner Jarjura stated what the tenants have done with the space is phenomenal. She spoke about the City Commission's goals and stated she is very curious to see the report regarding the city's assets. She stated before getting into the business of being real estate investors the city needs to get a handle on what we have and what services the city wants to provide; and understand what the limits are and how to pick between these important projects. Vice-Mayor Petrolia stated $3.5 million is a lot of money and the city does not have it. Mr. Costello referenced the prices for the property. He stated this is on the fringe of the Central Business District (CBD) and it is a great property. He stated it is worth continuing the conversation and the vision for it can be created. Mayor Glickstein stated this was informational and tactical because there is a window of opportunity before this goes to market. He stated he would like to see the City Commission fully explore this opportunity because so much has been invested here. He asked that the CRA look at other templates of where this has been done before i.e. zoning, city help, etc. Mayor Glickstein stated by this property being in the Central Business District it is afforded the same density as other properties in that area. 4. Discussion regarding the procurement of Lake Ida Property Commissioner Jarjura provided clarification for the record. She stated the County Commission rejected Mr. Kalra's offer on 10/21/14 and chose to sell the property to the City of Boynton Beach. She discussed Mr. Levy's offer to donate $100,000 to Delray Beach to keep it in its natural habitat and commented regarding conservation. She referenced emails and statements that she received. She stated it seems his request and donation is tied to the city maintaining the property it in its natural state. She discussed a tract of land in Boca as an example. Commissioner Jarjura mentioned being fiscally conservative with taxpayer money. She asked about the condition for access. The City Manager explained what was recommended by County staff. Commissioner Jarjura asked that Commission consider Mr. Levy's offer and that the City Manager negotiate regarding the access and conservation. 7 April 14,2015 Commissioner Katz referenced comments from the last Commission meeting. He stated he asked about bike paths or parks to Ms. Giancarlo who lives in that area. She would like for it to stay the way it is or eventually become a park in the future. He stated the city should pursue this and encouraged the residents to speak to their County representatives. He stated land is something we are running out of. He stated the city should tell County they want to move forward. Vice-Mayor Petrolia stated she supports this and feels it is in line with the city's plan. Mayor Glickstein stated he supports this as well but he is not comfortable with this deed restriction. The City Attorney discussed types of deed restrictions that the City Commission may want to consider. Mayor Glickstein asked the City Manager to convey the city's interest regarding the property to the County. Mr. Cooper informed the City Commission that he will appear before the County Commission regarding this property. 5. Commission Comments Vice Mayor Petrolia commented on Item 9H from the April 6, 2015 Regular Commission Meeting regarding Workforce Housing/SOFA. She stated she relied on what was presented. She discussed conditional use and workforce housing. She stated this was back in 2014 and read a quote from the presenter at that meeting. She referenced the 9 units that were to be placed in that building and further discussed what took place at that meeting. Vice-Mayor Petrolia stated she finds the discussion regarding options to be disingenuous. She stated in the future she would like these things to be written in. Mayor Glickstein asked the City Attorney about the direction the City Commission provided to him in regard to Vice-Mayor Petrolia's comments. At this point, Commissioner Jarjura stated she is uncomfortable with discussing this right now because it was not noticed and feels this is turning into a discussion. The Mayor withdrew his question to the City Attorney. Mr. Pfeffer spoke regarding the City Commission's direction to him. Commissioner Katz stated he requested a budget for the Police and Fire Pension Board and stated he would like a year to date of what their spending has been. He stated he would like for the board to provide the City Commission with where they are every month. Mr. Cooper stated staff will ask for a report of the board's spending. Commissioner Jarjura asked for an update regarding the community garden ordinance and stated she would like to see a delineation of the process for application and maintenance. 8 April 14,2015 Mayor Glickstein stated that when the City Commission approves contracts for Environmental Services i.e. meter installation the city sends out city personnel to supervise the contractor's work. He asked why the city is not doing the work. He asked that in the future, an analysis be done of whether we can do this work in house. He commented about the centralization of purchasing and providing opportunities for employees to do the work. Mayor Glickstein commented on the City Manager's memo regarding funding for the Building Department. Mayor Glickstein adjourned the Special/Workshop Meeting at 8:55 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, April 14, 2015, which Minutes were formally approved and adopted by the City Commission on April 21, 2015. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 9 April 14,2015 WHEREAS, Mr. Charles Landford Hanna was bom on April 24, 2015 in Spring Point, Acklins in the Bahamas to Mr. Courtney and Edith Hanna; and is the eighth child out of nine siblings;and WHEREAS, Mr. Charles Hanna relocated to the United States in 1951, and he settled in Delray Beach,Florida where he made his home;and WHEREAS, for over 40 years Mr. Hanna cared for the property and lawn of the Phipps family in the Town of Gulf Stream from which he retired in 1990;and WHEREAS, after his retirement Mr. Hanna began cooking for St. Andrews Country Club, was very active in his community through volunteering at the voting polls and assisted with getting people to vote;and WHEREAS, Mr. Hanna's hobbies included cooking Bahamian dishes, lawn maintenance, and watching Western television shows;and WHEREAS, Mr. Hanna presently loves spending time with his beautiful, devoted wife of 57 years, Velma, his seven children, eleven grandchildren and six great-grandchildren; and Mr. Hanna's strong influence has helped groom his children and grandchildren into successful careers in education,the military,healthcare and social work,just to name a few;and WHEREAS, Mr. Hanna's strong faith, trust in God, and love from his family keep him going strong;as well as,his favorite saying"If it's The Lord's will". NOW,THEREFORE,I,CARY D. GLICKSTEIN,Mayor of the City of Delray Beach, Florida,on behalf of the City Commission and the citizens of Delray Beach,do hereby wish: MARLIES LAlDI'ORD HANNA a very HAPPY 100th BIRTHDAY and further recognize and congratulate him on his achievements and wish him the best of health and happiness.. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 21st day of April,2015. CARY D. GLICKSTEIN MAYOR i MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement THROUGH: Donald Cooper, City Manager DATE: April 6, 2015 SUBJECT: AGENDA ITEM 5.B.-REGULAR COMMISSION MEETING OF APRIL 21,2015 SPOTLIGHT ON EDUCATION-MORIKAMI ELEMENTARY SCHOOL BACKGROUND Mrs. Stacey Quinones, Principal of Morikami Park Elementary School will present her goals and accomplishments for her school. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning &Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: March 27, 2015 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF APRIL 21,2015 FINAL SUBDIVISION PLAT FOR 150 OCEANSIDE BACKGROUND The item before the City Commission is the certification of the final plat for a new multiple-family residential development being platted as 150 Oceanside. The property is located on the southwest corner of Andrews Avenue and Thomas Street(150 Andrews Avenue). At its meeting of October 22, 2014, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. At its meeting of March 16, 2015, the Planning and Zoning Board moved a recommendation of approval of the preliminary plat and certification of the final plat. The 0.77 acre subdivision is a replat of Lot 40 and Lot 41 of Ocean Breeze Estates, according to the Plat thereof recorded in Plat Book 18, Page 36, and a replat of Lot 3, Wallace Square, according to the Plat thereof recorded in Plat Book 67, Page 2. The property recently contained a 12-unit multifamily condominium development (Beach House of Delray) and swimming pool that was constructed 1953. All structures have since been demolished. Lot 3 of Wallace Square is mostly vacant land with the exception of a small shed structure. The development proposal includes the aggregation of a 455 sq. ft. portion of Lot 3 of Wallace Square to be incorporated with the townhouse development as a landscape buffer. The site is zoned RM (Multiple Family Residential — Medium Density) and R-1-AA (Single Family Residential) and has a Future Land Use Designation of MD (Medium Density Residential 5-12 DU/Acre) and LD (Low Density Residential 0-5 DU/Acre). The proposed development consists of the demolition of the 12-unit condominium development (already occurred) and construction of a three-story, six (6) unit townhouse development with two-car garages, a swimming pool serving each unit, and associated landscaping. The replat of the subject property will include six townhouse lots (Lots 1-6), a landscape buffer (Tract A) and a single family lot (Lot 7). A new 5' general utility easement is provided along the front of Lots 1-3 along Andrews Avenue and along the north side of Lots 3 and 4 along Thomas Street to accommodate the proposed utilities to service the development. An 8' x 8' general utility easement is being dedicated near the northwest corner of Lot 4 to accommodate a proposed FP&L Transformer. In addition, a 5' drainage easement and a 10' drainage easement are provided along the east side of Lot 1 & Lot 2, along the west side of Lot 5 and Lot 6, and near the north end of Lot 3 and Lot 4 to accommodate the drainage system. A triangular sidewalk easement is being dedicated at the northeast corner of Lot 3 to accommodate the sidewalk encroachment and four adjacent 4' wide driveway easements are being dedicated between Lots 1 & 2 and Lots 5 & 6 to accommodate vehicular/pedestrian cross access. The aforementioned 4' wide driveway easements are being dedicated on this plat to address a vehicular/pedestrian cross access easement between Lots 1&2 and Lots 5&6 that was listed as a condition of Site Plan Approval. Plat Anal City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Review By Others: The Planning and Zoning Board reviewed the Plat at its meeting of March 16, 2015, and recommended approval by a vote of 5 to 0 (absent- Jay Jacobson &Joe Pike). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Delray Citizen's Coalition Beach Property Owners HOA Beach Property Owners Association, Inc. Dorchester Bob Victorin To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Plat of 150 Oceanside, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. mm om M, Q W I ; A A , Ohp ANS Jae Q'S �a joy MIR cc Ffy UJ 6511; HE c RRAW Cj 0 MDR 161 cj I 'OH i log IN I U Wow ORO 9 PIN co lob; i w1h w, Run Mal 1 ma 1 mad, C) :�� onto Lb"L_' I a Nm a 1, t I Z25�4 a, �m ys q 7 INS R I TRY g= s 'R oi wo Hsi a Sy MRS I fy WAR i HISS=01m, 28- R I is ...R 8 up: n Z" , ISNUM i A " nxQPqq , lob goo Ilia, 9 gal g hip R 0 2-" limMANEK54i 21 its U618 NO ow 4 R R IQ :92 R ............- ............... ........... ..........- -M� OCEAN BREEZE ESTATES 5-- r—Y --—-—-—-— kQ-—-—-—- 0 ----L9jS-STREET ---------- ---- 1.Cd.TIIt 1 lo, S IT— 35.00, c, , 6750, 675 .—T uw- AE Z LOT 3 LOT 4 x L 6750' 67.50' LOT 2 LU 11� o z� �s o LOTS 67,50' 7-5n' LOT 1 LOT 5 Ln AI II I 5.00 TRACT"A" (MA T 57.P—2) 650' 67.50' 7. 05.00, A--104.02' I sw—T Rl—- G8 m r 67.P—2) —47�. 25.65' 6. LOT 39,OCEAN BREEZE ESTATES H—- I T mar A PA.11) LO C5 cl� "t C) LQ Ra o, LOT 7 12 co -,t LOT 38,OCEAN BREEZE ESTATES QL 90.74' (1A T aM.'I'AW IT—lPALEI IrYWKR LOTS ITSOwr 11 PACC 2) LOT 3,SEASIDE LOT 4•SEASIDE ATI 0 JAI gg 6 od, —U. ---- "m --------- EAST ATLANTIC A V&LE Mile 4", PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 16, 2015 ITEM: 150 Oceanside (150 Andrews Avenue) — The request is for approval of a Preliminary Plat and certification of a Final Plat associated with demolition of an existing two-story 12-unit multifamily condominium development, and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. GENERAL DATA: _ Say r - _ ( H Agent................................ Seaside Builders r _ Applicant/Owner.................. The Beach House Condominium _ Association Inc. _...i eac r _. --as ra Ave Location.................................. Southwest corner of Thomas j Street and Andrews Avenue 1 Property Size.......................... 21,802 sq. ft. (0.50 acre) a erway n_. Future Land Use Map............. MD (Medium Density Residential L _ c' 5-12 DU/acre) o N Vista Del Marbr Current Zoning RM (Multiple Family Residential - Medium Density) Adjacent Zoning......... North: RM (Multiple Family Residential - . .... 3 — a Medium Density) South: RM (Multiple Family Residential Medium Density) ......... m East: RM (Multiple Family Residential - Medium Density) _ON - West: R-1-AA (Single Family Residential) Existing Land Use................... Multiple Family Residential C Proposed Land Use............... No Change E Atlantic Ave �o Water Service......................... Existing on site via an 8" water line located within the Thomas Street ( - right-of-way - 1 _ - Sewer Service........................ Existing on site via an 8" sewer - line located within the Thomas �_�.�, ma Street right-of-way �.. �' --ira r r IP NORTH ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new 6-unit townhome development to be platted as 150 Oceanside. The subject property is located on the southwest corner of Andrews Avenue and Thomas Street (150 Andrews Avenue). This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 0.77 acre subdivision is a replat of Lot 40 and Lot 41 of Ocean Breeze Estates, according to the Plat thereof recorded in Plat Book 18, Page 36, and a replat of Lot 3, Wallace Square, according to the Plat thereof recorded in Plat Book 67, Page 2. The property recently contained a 12-unit multifamily condominium development (Beach House of Delray) and swimming pool that was constructed 1953. All structures have since been demolished. Lot 3 of Wallace Square is mostly vacant land with the exception of a small shed structure. The development proposal includes the aggregation of a 455 sq. ft. portion of Lot 3 of Wallace Square to be incorporated with the townhouse development as a landscape buffer. The site is zoned RM (Multiple Family Residential — Medium Density) and R-1-AA (Single Family Residential) and has a Future Land Use Designation of MD (Medium Density Residential 5-12 DU/Acre) and LD (Low Density Residential 0-5 DU/Acre). At its meeting of October 22, 2014, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. PLAT DESCRIPTION The proposed development consists of the demolition of the 12-unit condominium development (already occurred), and construction of a three-story, six (6) unit townhouse development with two-car garages, a swimming pool serving each unit, and associated landscaping. The replat of the subject property will include six townhouse lots (Lots 1-6), a landscape buffer (Tract A) and a single family lot (Lot 7). A new 5' general utility easement is provided along the front of Lots 1-3 along Andrews Avenue and along the north side of Lots 3 and 4 along Thomas Street to accommodate the proposed utilities to service the development. An 8' x 8' general utility easement is being dedicated near the northwest corner of Lot 4 to accommodate a proposed FP&L Transformer. In addition, a 5' drainage easement and a 10' drainage easement are provided along the east side of Lot 1 & Lot 2, along the west side of Lot 5 and Lot 6, and near the north end of Lot 3 and Lot 4 to accommodate the drainage system. A triangular sidewalk easement is being dedicated at the northeast corner of Lot 3 to accommodate the sidewalk encroachment and four adjacent 4' wide driveway easements are being dedicated between Lots 1 & 2 and Lots 5 & 6 to accommodate vehicular/pedestrian cross access. The aforementioned 4' wide driveway easements are being dedicated on this plat to address a vehicular/pedestrian cross access easement between Lots 1&2 and Lots 5&6 that was listed as a condition of Site Plan Approval. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 2 report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of MD (Medium Density 5 to 12 du/ac) and LD (Low Density 0 to 5 du/ac) and is zoned RM (Medium Density Residential 5-12 du/ac) and R-1-AA (Single Family). The proposed townhouse development (Lots 1-6) is zoned RM with a Future Land Use Map designation of MD. Pursuant to LDR Section 4.4.6(B) (3), within the RM zoning district, multiple family structures up to 12 units per acre are allowed as a permitted use, subject to compliance with the performance standards of LDR Section 4.4.6(l), which were addressed with site plan approval. The RM zoning district is consistent with the MID Future Land Use Map designation. In addition, the platted single family lot (Lot 7) is zoned R-1- AA with a Future Land Use Map designation of LD. Although a single family residence is not part of this development proposal at this time, the R-1-AA zoning district is consistent with the LD Future Land Use Map designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer services will be provided via service lateral connections to the existing 8" water and sanitary sewer main along Thomas Street right-of-way. Fire protection will be provided by one fire hydrant located on the northeast corner of the development near the intersection of Andrews Avenue and Thomas Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this level of service standard. A drainage easement is being provided over the exfiltration system. This easement will be dedicated on this plat to the homeowner's association which will have maintenance obligations for the drainage system. Streets and Traffic: The applicant submitted a traffic statement indicating the trips generated for the proposed 6 unit townhouse development will be reduction of 40 total daily trips from the existing 12-unit condominium complex, specifically it will generate a decrease of (4) AM peak hour trips and (5) PM peak hour trips. A letter from Palm Beach County Traffic Division was received and has P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 3 determined that the proposed residential project meets the Traffic Performance Standards of Palm Beach County. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Since the existing apartment building was constructed prior to February 23, 1982, no credit shall be issued and a $500 park impact fee will be required for each unit. Thus, an in-lieu fee of$3,000.00 will be required of this development. Solid Waste: The existing 12-unit condominium generates 6.24 tons of solid waste per year (12 units x 0.52 tons = 6.24 tons). The proposed 6-unit condominium will generate 3.12 tons of solid waste per year (6 units x 0.52 tons = 3.12 tons). This will result in a net decrease of 3.12 tons of solid waste per year (6.24 tons — 3.12 tons = 3.12 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Thus, a positive finding with respect to this level of service standard can be made. School Concurrence: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval has been granted from the School District on September 23, 2014. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project, and was included as a condition of site plan approval. The property will be divided into six townhouse lots, one landscape buffer tract and one single family lot. • LDR Section 4.3.4(K) (Development Standards Matrix): The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: Requirement Standard Provided Minimum Lot Size (overall parcel) 8,000 sq. ft. 21,817 sq. ft. Minimum Lot Width (overall parcel) 60' 135' Minimum Lot Depth (overall parcel) 100' 158+' Minimum Lot Frontage (overall parcel) 60' 158+' Maximum Density 12 units/acre 12 units/acre P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 4 The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Single Family Residential (R-1-AA) zone district for Lot 7: Requirement Standard Provided Minimum Lot Size 9,500 sq. ft. 11,789 sq. ft. Minimum Lot Width 75' 90.74' Minimum Lot Depth 100' 112+' Minimum Lot Frontage 75' 56.81' * *- On curving streets and cul-de-sacs the frontage may be reduced by 40% provided the centerline radius of the street is 100 feet or less. [Amd. Ord. 43-98 11/3/98] • LDR Section 5.3.1(Right-of-Way Dedication): Andrews Avenue Thomas Street and Luke Lane: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for a local street without curb and gutter is 60' and with curb and gutter is 50'. The existing right-of-way width for Andrews Avenue, Thomas Street and Luke Lane is 50'. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way width. The applicant proposes to install and connect curb and gutter to all existing adjacent rights-of- way (i.e. Andrews Avenue, Thomas Street and Luke Lane), thus current right-of-way width of fifty feet (50') is sufficient. • LDR Section 6.3.1(Sidewalks): Pursuant to LDR Section 6.1.3(B)(1), a 5'-wide sidewalk is required. A five foot sidewalk has been proposed around the entire site within the public right-of-way. However, a portion of the proposed sidewalk located at the northeast corner of the site encroaches onto a portion of Lot 3. A sidewalk easement has been dedicated on the plat to accommodate this encroachment. A complete review for compliance with the Land Development Regulations is included as part of the Site Plan Review process. Please refer to the attached Site Plan Review and Appearance Board report for additional information. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "B". REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 5 • Delray Citizen's Coalition • Beach Property Owners HOA • Beach Property Owners Association, Inc. • Dorchester • Bob Victorin Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: • Appendix A • Appendix B • Location Map • Reduced Plat • SPRAB Report of October 22,2014 P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 6 APPENDIX A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective 13-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 8 APPENDIX B COMPREHENSIVE 'PLAN POLICIES Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple-family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The subject property contains an existing 12-unit condominium building. The development proposal is to construct a multi-story, 6-unit townhouse development. The property is part of a residential zoning district with a similar density. All developments adjacent to the subject property to the north, south east and west are zoned RM (Multiple Family Residential) and R-1- AA which consists of apartment buildings and single family units. In terms of intensity, there will be less of an impact on the neighborhood or municipal services considering the proposal is a reduction of total units . There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the development proposal involves the demolition of a 12-unit condominium building and construction of six townhouse units. In terms of the compatibility, the proposed redevelopment will decrease the impact on the surrounding neighborhood. The subject property is part of a residential zoning district with a similar density. All developments adjacent to the subject property are zoned RM (Multiple Family Residential) and consists of parcels of land with townhouse units, and single family units. Based upon the Palm Beach County Trip Generation Rates, the trips generated for the development will be reduction of 40 total daily trips. Therefore, there will be a reduced impact on the adjacent roadway system. Because twelve existing residential units are being replaced with six new townhouse units, there are no new trips being generated. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. A letter from Palm Beach County Traffic Division was receive and has determined that the project meets the traffic performance standards of Palm Beach County. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the P&Z Board Staff Report, Meeting of March 16, 2015: 150 Oceanside Plat Page 9 downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. The proposed development has only 6 townhouse units. Due to the size of the lot and its configuration, it is not feasible to accommodate a larger range of recreational facilities. This item was previously discussed under Special Regulations - RM zone district. As there are only 6- units, it is not practical to require a common tot lot or recreation areas/swimming pools. Because the proposed development has fewer than 25 units it is reasonable to exempt this development from this standard. The site plan indicates that all 6 townhouse units will have individual private swimming pools. c aterway Ln c c� P N Vista Del Mar Dr a a� h NC N N assn r can m w �. ca Lowry St ca Q) c� O Z co NORTH 150 Andrews Avenue Subject Property PLANNING&ZONING DEPARTMENT LOCATION MAP 44 n_ t Ism kPI Ohl FROM Z o�� � 'O��w�6� N✓3J0 04 p Q W4h"e ~ O ti u ' ��� 2 � �(a3ga� � � T IQ goo all WIN O Q Q ti NO AMR, ammmi AR Nth gi 11 1 11� LU N WQ�� No U Wpm° IN up S MR, Q w Q � Q � ~ ° m Aid NN "_� ° � � ~� 'min� " RN s . via,IRE; gin oil 0 m `$ �a to TWOA°�tOq,��o�'°��¢ a"raS��� � � �� dg�a �logo`�� ' $g Nip,� � �� Oftk ° � ' x�eQw� a~iQ~g¢ , 8k'$ w' vi-v may svis "O } °¢N' ° ° �ym �..'�-'J°~~J4 $ m8 " e8� � � $� " o . ¢ I s Poll �� � Ill 3ronrsM�.o+v" bla2 '„° � zia+gmhao � Nyn , � $$� ' %N2 YsW g � I P° wpK! ~aK"°8 � _ � b 8m m gg 8~ R,�y `n �¢Crp aw i 3Z3bBY3 6 � � �� � o��' Y �w � �Q� � J~ Q � U ¢ 4] 1n ml; NW5 .tYMX31 tlM"1Y15VOJYNLV __. Q b � a N Eln-N 0 OCEAN BREEZE ESTATES (.Al BJ(Yl$PAf£15) Sa•AATI£D 9piT(Y'WAr THOMAS STREET _---__ _-� -----w ----�--- sarw•r��szsaw l+e me°cw foEr�ar'(/q$qT Z ,� _ noem uv<l.°r al PA2 J O Z (ftAT�'W$PA! 135.00'°£iJ6) SET PRK L"ATCUa r Is PA¢.re) gi Pr �l O O J $ 2iCtl' bAW, uurvArce satyr LO_T 4 LOT 3 j d ww Q "a. ¢� W�� 6750' 67.50' WUOm i ° a Q�8 omm Hmmm. W W ZQU tie' j >&6� o ~ c� " Q wig �$$OO K�nmE LOT 5 g LOT 2 a 67.50' Q5 \ Z v al �� NmbovnE nm`mmL Q O °gyms „fill $j �Fla zc(Z5 CC LOT 6 LOT I R N ¢,vrEe o� saoroomw saaaa-r¢i ror Q vj I\ N -oE-snc 5.00' �Q`Oo z .gr PXJ( 0 ' I �W��l j W wh TRACT'it" AT(I+. San V..�PACE) i [v\ cl�m cs m?�3^ sa�Avc iEE 6750' W Q V7 ! grPRM s 0500' sEr,Ru 104.02' IA— Lll Q kw came earn cads° I }y �$ (xAraax s�Parr) :' 2568' y � co W OZryr7nae Ahc� �• LOT 39,OCEAN BREEZE ESTATES W m Qo g cases°.re�sw (PrnT roar$rn¢x) ¢2 �• �� (�pj I U�i Q L,,J 3 O a LOT 7rTET hz i 2 v, LOT 38,OCEAN BREEZE ESTATES o pr.Aravr$PAGE ) ow Q"c) in I Qf j ��?o I j �� s=r Pang sag°amsr. O Z sty cc�aveior.i 90.74' sErr Z (aAr gac sr Pace) (aAT X67,NT¢) j rygr sz�part�-) LOT 3,SEASIDE LOT 4,SEA SDE I ry-r avay.urs Fb¢'8. 4� M ¢ 3w.,r snTxwr" ¢ �e w. g o j Mix 8,Walk p g s� 9 IN $�E S ' ff "y� ` sECiKw n/a"s%a3 W¢h v "J Kg �" \ —19_NBL°4amW. 'd _EAST A 7LANT7C A VEACE __- ArArP,�rM,rsrmw,,,, SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH. ---STAFF REPORT--- MEETING DATE: October 22, 2014 ITEM: 150 Oceanside (150 Andrews Avenue) - Class V Site Plan request associated with demolition of an existing two-story 12-unit multifamily condominium development, and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. GENERAL DATA: saT] d i! Agent........... ..... Seaside Builders " 3 - - - Q Applicant/Owner.................. The Beach House Condominium eac r Association Inc. M'Seas RLay ve Location.................................. Southwest corner of Thomas Street and Andrews Avenue Property Size.......................... 21,802 sq. ft. (0.50 acre) aerwa n Future Land Use Map............. MD (Medium Density Residential 5-12 DU/acre) v N vista oe Mar or Current Zoning........................ RM (Multiple Family Residential - ` Medium Density) - m Adjacent Zoning......... North: RM (Multiple Family Residential - Medium Density) _. s South: RM (Multiple Family Residential Medium Density) U) East: RM (Multiple Family Residential - Medium Density) -�°w ro U West: R-1-AA Sin le Family Residential) Z ( g Y N N Existing Land Use................... Multiple Family Residential Proposed Land Use............... No Change ------.I E Atlantic Ave b Water Service......................... Existing on site via an 8" water line Ea C located within the Thomas Street o right-of-way o y Sewer Service...................... Existing on site via an 8" sewer line located within the Thomas Street right-of-ways -.- - Moamar ` NORTH J.T :M...BF.O_R >.THE BO.;ARD The item before the Board is approval of a Class V Site Plan for 150 Oceanside, pursuant to Land Development Regulations (LDR) Section 2.4.5fl(1)(a). The request involves the following elements: O Site Plan; O Architectural Elevations; • Landscape Plan; and, • Waiver Request The property is located at the southwest corner of Thomas Street and Andrews Avenue. `{ t BACKGROUND The subject property is a 21,349 sq. ft. (0.49 acre) parcel containing an existing 12-unit condominium building (Beach House of Delray) constructed in 1953. The development proposal includes aggregation of a 453 sq. ft. (0.01 acre) vacant parcel located in the southwest corner of the site which affects Lot 3 of the Wallace Square Plat as recorded in the Palm Beach County Record Book 67 Page 2. Now before the Board for approval is demolition of the existing two-story 12-unit condominium development and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. The development proposal consists of the following: • Construct six (6)fee simple townhome units on separately platted lots • Construct a swimming pool serving each unit • Construct a two (2) car garage serving each unit • Construction of associated driveways • Construction of a five foot (6) sidewalk along all adjacent rights-of-way • Installation of curb and gutter along all adjacent rights-of-way • Installation of associated landscaping The development proposal also includes a waiver to the following section of the Land Development Regulations (LDRs): • LDR Section 4.6.14(B)(6), which requires that forty foot (40') sight visibility triangles be provided at the intersection of two (2) rights-of-way, whereas the proposed plans for 150 Oceanside proposes to provide twenty-five foot (25') sight visibility triangles along Thomas Street at both Luke Lane and Andrews Avenue. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 2 SITE. PLIaN �,N..AL.YSI.S COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM (Multiple Family Residential— Medium Density) zoning district: Zoning Required Proposed RM (Medium Density— Multiple Family Residential) (1&2/3*) (1&2/3*) -Building Setbacks min. :- Front north 25730' 25730' Side Street (east) 25'/30' 25'/30' Side Street west 25730' 25'130' Rear south 25' 2511" Side Interior N/A 15730' N/A Maximum Lot Coverage: 40% 38.76% -Open Space: 25% 31.17% Building Height(max. : 35' 35' Minimum Floor Area: 3BR (Unit A-9) 1,250 sq. ft. 3,610 sq. ft. 3BR Unit A-6 1,250 sq. ft. 3,610 sq. ft. 3BR (Unit B-2) 1,250 sq. ft. 3,633 sq. ft. 3B0 11 1­4 B-5 1,250 sq. ft. 3,633 sq. ft. 4BR Unit C-3 1,500 sq. ft. 3,383 sq. ft. 4BR(Unit C-4) 1,500 sq. ft. 3,383 sq. ft. Minimum/Maximum Density. 6-12 units/acre 12 units/acre** Min. Lot Size (sq.ft.)*** 8,000 sq. ft. 21,802 sq. ft. Min. Lot Frontage ft. 60 sq. ft. 135 sq. ft Min. Lot Width (ft.) 60 sq. ft. 135 sq. ft. Min. Lot Depth (ft.) 100 sq. ft. 158 sq. ft. * 1&2/3 = 15t and 2nd Story/3rd Story. There is an additional 5' setback for the 3rd story. ** Performance standards are applied to density requests over the min. six(6) units per acre. *** Subject to future aggregation of 453 sq. ft. from Lot 3 of Wallace Drive Plat (PB 67 PG 2) LDR Chapter 4.6 Supplementary District Regulations: Vehicle Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking. There are a total of six (6) SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 3 residential units and eighteen (18) parking spaces are provided. The parking requirement for the site is fifteen (15) spaces. The development proposes one (1) standard guest space in front of the two-car garage for each unit. Thus, there is a parking surplus of three (3) spaces for the overall site. Therefore, the parking requirement is met. Pool Setbacks: LDR Sections 4.6.15(G)(1), a minimum ten foot (10') setback is required for swimming pools located in the rear, interior or side street setback areas. Per the chart below, the proposed development meets this requirement: North South East West Front Rear Andrews Ave. Luke Lane Re uired NIA 10' 10' 10' Proposed N/A 10' 10'8" 10'8" Minimum Offset: Pursuant to LDR Section 4.3.3(0)(4)(a), no more than two (2) townhomes may be constructed without providing a front setback of not less than four feet (4') offset front to rear. A minimum five (5) offset has been provided, thus this standard is met. Maximum Two-Way Drive Aisle Width: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street shall be a maximum width of twenty-four feet (24'). The driveways provided off of Luke Lane and Andrews Avenue meet this requirement. However, a cross access easement between the two (2) lots is required and this is a condition of approval. Otherwise, the driveways shall be drawn to mirror the sixteen foot (16') design for two (2) separate accessways as shown for the units along Thomas Street. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(a), for low density residential areas, a minimum five foot (5) sidewalk is required. A five foot (5) sidewalk is proposed to be constructed around the entire site, thus meeting this requirement. However, it is noted that on the northeast corner of the site, the public sidewalk encroaches onto private property. The sidewalk shall be relocated entirely within the public right-of-way or an easement, maintenance and hold harmless agreement will be required. This is a condition of approval. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to site plan certification. 1. Pursuant to LDR Section 4.3.3(0)(2), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(x)(1)(1)• SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 4 2. For historic reference, include the parcel size data to indicate the proposed platted lot sizes and clarify whether or not the annexed parcel is included in the lot area of Unit#6 in the southwest corner of the site. 3. In the northeast corner of- the site, the public sidewalk encroaches onto private property. Processing and approval of a sidewalk easement, hold harmless and maintenance agreement is required and subject to City Commission approval. 4. Provide a cross access easement for the shared vehicular/pedestrian accessway between the owners of parcels numbered (#5 & #6) and (#1 & #2) separately. Otherwise, the driveways will be provided separately on each parcel similar to the design for units numbered #3 and #4. The subject cross access easement must be represented on the future plat. 5. A Homeowner's Association Agreement (HOA) shall be recorded with Palm Beach County prior to building permit issuance. This will establish the units for individual townhome sale and indicate that the units are fee simple. 6. A positive finding of concurrency from the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. 7. Shift the proposed transformer outside of the sight visibility triangle if it exceeds a height of three feet (3'). Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the items identified in "Appendix A" remain outstanding and will need to be addressed prior to site plan certification. _: WAlVEi2 3A�IALYSiS Pursuant to LDR Section 2.4.7(13)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 40' Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(6), forty foot (40') sight visibility triangles are required and are not met. The forty foot (40') sight visibility triangle is obstructed by the 3-story townhome buildings at both intersections (i.e. Luke Lane and Andrews Avenue). The applicant is requesting a waiver to this requirement to account for twenty-five foot (26) sight visibility triangles. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 5 The applicant has provided the following verbatim justification: "The location for this project is adjacent to a Single Family Zone where sight triangle requirements are 25'-0". In fact, this property shares an intersection at Luke Lane/Thomas Street which has corner opposite this project which has a 25' sight triangle requirement. The project contains only 6 fee simple townhouse units with garages equally dispersed on (3) ROW's so there will be very little impact with additional vehicular traffic. In addition, it is important to note that all the ROW's will have curb and gutter defining the edge of the roadway. If the sight triangle was measured from this defined edge of road instead of the property line it would be 51'. The structures being proposed outside the 25'site triangle are masonry wall with a portion of horizontal railing which is also more transparent." The reduction of the forty foot (40') sight visibility triangles to twenty-five feet (25) at the intersection of the two (2) rights-of-ways at the property line for Thomas Street at Luke Lane and Andrews Avenue is deemed necessary, given that the proposed 3-story townhome buildings (Units C3 & C4) will intersect the 40' visibility triangle at twenty-five feet (26). A reduced twenty-five foot (26) sight visibility triangle will not present a danger to vehicular traffic or pedestrians. Staff agrees that the sight visibility triangle measured from the right-of-way lines, particularly in situations where additional lanes/widening is not planned, proves problematic. The actual area available to see incoming traffic will exceed the minimum requirement if measured from the paved area of the subject roadways. One feature shown in the 25' proposed sight visibility triangle of Luke Lane and Thomas Street may need to be relocated. The proposed transformer must be shifted outside the 25' area if it exceeds a height of 3 feet (otherwise it may remain where proposed). Granting the requested twenty-five foot (25') sight visibility triangle waiver will not have an adverse effect on the neighboring area and will not create and unsafe situation. A twenty-five foot (26) sight visibility triangle (i.e. 15' reduction) would be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made for the proposed twenty- five foot (25) sight visibility triangle reductions at the intersections of Luke Lane and Thomas Street, as well as Thomas Street and Andrews Avenue. LANDSCAPE PLAN A.NA'LYSIS Pursuant to LDR Section 4.6.16 (C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A proposed landscape plan has been submitted and evaluated by the City's Senior Landscape Planner. The proposed new landscaping includes a variety of species including but not limited to: Live Oak, Parlor Plum, Australian Tree Fern, Little Gem Magnolia, Triple Alexander Palm, Double Montgomery Palm, Foxtail Palm, Jamaica Caper, Blueberry Flax Lily and Podocarpus Hedge. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 6 Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. 1. Verify with our Engineering Department that there will not be any conflicts with the proposed Royal Palms within the right-of-way and any underground utilities. 2. A Landscape Maintenance Agreement is required for the proposed plantings outside the property line. Submit the signed agreement with the supporting exhibits (as outlined in the agreement) as quickly as possible. This will have to get executed by City Commission. Based upon these findings, the proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, with the above Landscaping Technical items attached as conditions of approval. AR;CH`ITEC7URAL ELEVA.TIO �IS: AN, ALYSCS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1) 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. 2) 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. 3) 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. The development proposes six (6) three-story townhomes consisting of three (3) and four (4) bedrooms. The building is a Modern Architectural style with cantilevered balconies, horizontal railings, floor-to-ceiling glass and two-story volume foyers. There is an open air rooftop terrace that is accessible via stair and elevator appurtenance. The abundance of balconies create a visual connection from the living space to the street. A light well centered in the middle will allow for additional natural light to enter the back of the units. The courtyard garden walls are broken down in scale with several locations of open horizontal rail to also create a visual connect on both sides of the countyards. The rooftop terrace will consist of brick tile. The fagade walls will be "Pure White". The doors and railings and window trim will be "Black Magic". The balcony level will be "Tradewind" with "Ivoire" wing walls. The finish type will be "flat". The proposed architectural elevations will contribute to the image of the City as a place of beauty, harmony, taste and high quality. It will not cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Based on the above, positive findings with respect to LDR Section 4.6.18(E) can be made. II� SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 7 REQUIRED FLNDINGS 3 Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 31.1(A) - Future Land Use Map: The subject property has a zoning designation of RM (Multiple Family Residential - Medium Density) and a MD (Medium Density 5-12 units/acre) Future Land Use Map designation. The zoning is consistent with the FLUM designation. Therefore, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM). LDR Section 3.1.1(B) -Concurrency: As described in Appendix "B", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) -Consistency: As described in Appendix "C, a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(Q) -Compliance with the Land Development Regulations: Required Findings: Pursuant to LDR Section 2.4.5(17)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and land use of the properties surrounding the subject property: Ad/airent Zori�ng Ad/acent Lantl Use North RM (Multiple Family Residential-Medium 16-unit Condominium Development Density) .S 'th': RM (Multiple Family Residential- Medium 10-unit Condominium Development Densit ) East " RM (Multiple Family Residential - Medium 15-unit Condominium Development Density) SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 8 West R-1-AA(Single Family Residential) Single Family Residence within a cul-de-sac with two(2)vacant/undeveloped platted lots The proposed 150 Oceanside 6-unit fee simple townhome development will replace an existing nonconforming use within the RM (Multiple Family Residential — Medium Density) Zoning District. The current zoning allows multiple family residences up to twelve (12) units per acre. The existing site currently contains 12 units on a 0.49 acre site which comprises 24.5 units per acre. However, aggregation of the 0.01 acre (453 sq. ft.) parcel from Lot 3 Wallace Drive Plat will allow the site to come into conformity with 12 units/acre for the 0.5 acre site. This will eliminate the existing nonconformity (Beach House of Delray). To the west are single family residential lots within a cul-de-sac. To the south is an existing 10-unit condominium development. To the north is an existing 16-unit condominium development. To the east is an existing 15-unit condominium development. The proposed 6-unit multi-story townhome development will complement the existing fabric of the adjacent developments and significantly improve the aesthetic and property value of the existing site. Thus, the proposed change will not pose any adverse effect on the surrounding properties. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed multi-story 6-unit townhome development is appropriate and consistent with the surrounding area. There are existing multi-family residential developments on the adjacent. properties to the north, south and east. Thus, the proposed 150 Oceanside development can be deemed a compatible and appropriate use for this site. Housing Element Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed condominium development should have a stabilizing effect by providing a quality residential development in an urban environment. Nuisances such as noise, odors, and dust will not be a factor to the adjacent residential uses. The traffic volumes will be minimal and can be accommodated by the surrounding road network. Thus, the proposal will not result in a degradation of, but will enhance adjacent neighborhoods. i SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 9 Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. The project will contain four 3-bedroom units and two 4-bedroom units. Thus, the proposed six (6) unit development complies with this policy. However, it is noted that this requirement may be waived or modified for residential developments with fewer than twenty-five (25) units. PER. ORMANCE ;STA'NDARDS ,. PERFORMANCE STANDARDS FOR DENSITY INCREASE: The applicant is seeking an increase in density above six (6) units per acre (12 units per acre). In order to grant the increase positive findings with respect to LDR Section 4.4.6(1) need to be made. LDR Section 4.4.6(1)- Performance Standards: These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will accordingly only be permitted a lower density. Please note the Land Development Regulations (LDR) Section 4.4.6(F)(2) — Density Allowances which applies to RM (Residential) zoning districts: LDR Section Lot Size Min. Units Max. Units #of Units Performance Density Density Proposed Standards Required 4.4.6(H)(1) 0.5 acre 6 du/ac 3 12 du/ac 6 6 1K Yes ❑ No Performance standards (LDR Section 4.4.6(I)(a. thru g.) are applicable pursuant to LDR Section 4.4.6(H)(1) for densities proposed over the standard six (6) units per acre. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 10 networks consisting of loops and short segments; multiple entrances and into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or . below 20 m.p.h. Since these are fee simple townhomes there are no common circulation areas. Instead, the site has been designed to evenly distribute the private driveways along the three (3) rights-of-way. There are no more than (2) private driveways facing each of the three (3) rights-of-way, thus ensuring equal distribution. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Since the site is surrounded on three (3) sides by rights-of-way, it offers opportunity for each lot to have street frontage and a clear view of open area outside of the residence as opposed to an interior view of another multi-story residential building within the same development. This is not as long a building as a conventional townhouse, but moreso evenly distributed along each of three (3) rights-of-way to address each units need for visibility to the outside courtyards. In addition, the area adjacent to each unit has been captured as livable outdoor courtyards with pools. There is no unusable land area. and the courtyards will provide a very open yet private feel for each unit. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The project is being proposed across a 50'right-of-way from a single family zone. As such, any structures are already over 100'away from any adjacent single family structures. In addition, portions of the building have additional 5'setbacks on the lower floors and step back on the 3rd floor to reduce the mass. (d) The development offers a varied streetscape and building design. For example, setbacks are' staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies; arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building design takes into account several steps in plan and elevations. Five foot (5) offsets are found at the ground level and in addition there is a five foot(5) step back on the 3rd floor. There are several open air balconies on the ground level, as well as, pool courtyards, roof top terraces, 2-story interior volumes at the front entries and varied window shapes and designs. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 11 one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project consists of 6 units. Yet, of the 6 total there are (3) unique unit plans. Each unit's floor plans are uniquely configured based on its unique stair and elevator layout. There are (4) 3-bedroom floor plans and (2) 4-bedroom floor plans. Due to square footage size limitations of these units it is impractical to have 1-bedroom or 2- bedroom units. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. Each of the 6 units will have lushly landscaped private courtyards and private swimming pools. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project is providing for and building a five foot (5) sidewalk around the entire parcel along the three (3) rights-of-way. In addition, this parcel is one (1) block from State Route A1A (North Ocean Boulevard) which provides bike lanes. In conclusion, a finding of compliance can be made with respect to each of standards (a), (b), (c), (d), (e), (f) and (g). As substantial compliance with the Performance Standards has been met, the proposed density of twelve (12) units per acre can be supported and meets the requirements for a small infill project. } REVIEW.....BY OTHER The development proposal is not located in an area which requires review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, adjacent property owners and/or civic groups: • Delray Citizens Coalition • Barr Terrace • Beach Property Owners HOA • Delray Summit • Beach Property Owners Assoc. Inc. • Beach Cabana Condo • The Grove Condominium • Dorchester • Bob Victorin • Denise &Thomas Brockwell • Kelly & Pascal Liguori • Equity Trust Co. Custodian FBO Pascal Liguori Public Notices: Formal public notice is not required for site plan modifications. Letters of objection and/or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 12 ASSESSMENT AND CONCLUSION The subject property is a 21,349 sq. ft. (0.49 acre) parcel containing an existing 12-unit condominium building (Beach House of Delray) constructed in 1953. The development proposal includes aggregation of a 453 sq. ft. (0.01 acre) vacant parcel located in the southwest corner of the site which affects Lot 3 of the Wallace Square Plat as recorded in the Palm Beach County Record Book 67 Page 2. The 150 Oceanside development proposes demolition of the existing two-story 12-unit condominium development and construction of a three-story 6-unit fee simple townhome development with a swimming pool and 2-car garage serving each unit. The Modern Architectural style of the multi-family building will be aesthetically pleasing and a visual asset to the community. Provision of 3 and 4 bedroom units addresses housing needs for families in the Delray Beach area. The waiver reduction from a 40' to a 25' sight visibility triangle is supportable. The development substantially meets the performance standards in LDR Section 4.4.6 to allow for the increased density above 6 units/acre. Likewise, the proposed multi-story 6- unit townhome development is compatible with existing multi-family developments on adjacent properties to the north, south and east. ALTERNATIVE ACTIONS A. Move postponement of the Waiver & Class V Site Plan for 150 Oceanside, by electing to continue with direction. B. Move approval of the Waiver,&Class V Site Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings). C. Move denial of the Waiver & Class V Site Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with and does not meet criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings). STAFIF RECOMMENDATION By Separate Motions: Waiver: Recommend approval to the City Commission for a waiver to LDR Section 4.6.14(B)(6), which requires that forty foot (40') sight visibility triangles are provided at the intersection of two (2) rights-of-way, whereas the proposed plans for 150 Oceanside request twenty-five feet (25') sight visibility triangles along Thomas Street at Luke Lane and Andrews Avenue. Site Plan: Move approval of the Class V Site Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with and meets criteria set forth in LDR Sections 2.4.5(F)(5) and 3.1.1 (Required Findings), subject to the following conditions: SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 13 1. Pursuant to LDR Section 4.3.3(0)(2), a plat and/or replat is required. Provide the separate application(s) and processing fee(s) required per LDR Section 2.4.3(K)(1)(1). 2. For historic reference, include the parcel size data to indicate the proposed platted lot sizes and clarify whether or not the annexed parcel is included in the lot area of Unit#6 in the southwest corner of the site. 3. In the northeast corner of the site, the public sidewalk encroaches onto private property. Processing and approval of a sidewalk easement, hold harmless and maintenance agreement is required and subject to City Commission approval. 4. Provide a cross access easement for the shared vehicular/pedestrian accessway between the owners of parcels numbered (#5 & #6) and (#1 & #2) separately. Otherwise, the driveways will be provided separately on each parcel similar to the design for units numbered #3 and #4. The subject cross access easement must be represented on the future plat. 5. A Homeowner's Association Agreement (HOA) shall be recorded with Palm Beach County prior to building permit issuance. This will establish the units for individual townhome sale and indicate that the units are fee simple. 6. A positive finding of concurrency from the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. 7. Shift the proposed transformer outside of the sight visibility triangle if it exceeds a height of three feet(3'). Landscape Plan: Move approval of the Landscape Plan for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Verify with our Engineering Department that there will not be any conflicts with the proposed Royal Palms within the right-of-way and any underground utilities. 2. A Landscape Maintenance Agreement is required for the proposed plantings outside the property line. Submit the signed agreement with the supporting exhibits (as outlined in the agreement) as quickly as possible. This will have to get executed by City Commission. Architectural Elevations: Move approval of the Architectural Elevations for 150 Oceanside, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Staff Report Prepared By: Candi N.Jefferson,Senior Planner Attachments:Appendix A,Appendix B,Appendix Q Project Plans, Waiver Justification SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 14 F7 7APPENDIX"X! PRELIMINARY ENGINEERING TECHNICAL COMMENTS Plat Comments: 1. Contact the Planning and Zoning Department to determine if a plat is required. If plat required, submit for review in accordance with the applicable sections of LDR Section 2.4.3 (A), (B), (H), (J), (K), (L); and Section 5.2.2. 2. Additional comments may follow after review of plat. Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Remove all above structures from within 10' Utility Easements. Please select one name for easement and use on all plans. 3. Please coordinate location of all existing and proposed easements on Plat, Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. 4. Provide right-of-way dedications over 5-foot sidewalk at intersection of Andrews Avenue and Thomas Street. 5. .Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water qqgk and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr, storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 6. Provide note indicating that no landscaping shall be planted over any exfiltration trenches on Civil Plans. 7. Provide 12-foot exclusive sewer easement over sewer lines up to first cleanout if not within 18-inches from property line. 8. Indicate pavement restoration will include full width of travel lanes and at least 10-feet past the north and south property lines. 9. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer system; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 15 the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off-Site Impact Assessment to the City's water and sewer systems. 10. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 11. Please note, a Financial Guarantee in accordance'with LDR Section 2.4.10 will be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost. Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department. 12. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 13.Additional comments may follow after review of revised plans. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 16 APPENDIX ' CQNGURRENGY`FINDI,NGS ,_ ` Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewew. • Water service is existing on site via an 8"water line in the Thomas Street right-of-way. • Sewer service is existing on site via an 8" sewer line in the Thomas Street right-of-way. Water and sewer services currently exist on site. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out Streets and Traffic: A traffic statement has been not provided which indicates that the proposed 6-unit townhome development will meet traffic concurrency requirements. It is estimated to generate a decrease of 40 net vehicle trips per day. Specifically, it will generate a decrease of 4 AM net peak hour trips and 5 PM net peak hour trips. A positive finding of concurrency from the Palm Beach County Traffic Division is required. Receipt of a favorable traffic concurrency determination letter from Palm Beach County is required prior to site plan certification. This is attached as a condition of approval. Parks and Recreation Facilities: Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per each new dwelling unit will be collected prior to issuance of a building permit for the proposed six (6) new townhome units. A total fee of three thousand dollars ($3,000.00) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: The existing 12-unit condominium residential use generates 6.24 tons of solid waste per year. The proposed 6-unit townhome residential use will generate 3.12 tons of solid waste per year, Thus, the development proposal will not result in a 3.12 to decrease in solid waste generated annually. Further, the Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: The Palm Beach County School District has approved the development proposal for compliance with the adopted Level of Service for School Concurrency. Written verification from the Palm Beach County School District was received on September 23, 2014. Drainage Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 17 APPENDIX:"C" STANVDARD,S �OR3ITE;PLAN ACTIONS, A. Building design, landscaping and lighting(glare)shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X-subject to sight visibility triangle waiver approval Does not meet intent _._. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X-subject to PBC traffic concurrency determination Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable _ Meets intent of standard X SPRAB Staff Report: Meeting of 10/22/14 150 Oceanside—Class V Site Plan Page 18 Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X-subject to PBC traffic concurrency determination Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent _. _ c aterway Ln L c N Vista Del Mar Dr a Tl a� yr 3 a� v asin r rw <n m m Lowry St C U z 150 OCEANSIDE tfT RT Subject Property 1 n r s venue PLANNING&ZONING. DEPARTMENT LOCATION n...,......,.......a M-41- c+.\nl,....., 0 7...,..-.,.lnonAC\ric\1 .,--+;-- ftil kltZ \ -19n A.,A,^,.,r A— —4 Richard Jones ARCHITECTURE r` AA26001617 1 1826001056 10 SE 1st AVE DELRAY BEACH,FL 33444 15612749186 1 www.rjarchitecture.com September 16,2014 Planning and Zoning City of Delray Beach Attn: Candi Jefferson Re: Waiver for Site 40'Site Triangle Adjustment Project: 150 Oceanside Dear Candi: This letter is a waiver request pursuant to Section 2.4.7(6)(5)of the Delray Beach Land Development Regulations("LDRs")involving the granting of relief from LDR Section 4.6.14(6)(6)to allow for a reduction in the required 40'site visibility triangle from 40'to 25'-0". To support a waiver, LDR Section 2.4.7(B)(5)requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation;and, (D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(B)(5)for this waiver request. By granting this waiver,a superior product will be achieved. The waiver will not adversely affect the neighboring area,significantly diminish the provision of public facilities,create an unsafe situation and/or result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.Thus,this waiver request should be approved. The location for this project is adjacent to a Single Family Zone where site triangle requirements are 25'-0". In fact this property shares an intersection Luke Lane/Thomas Street which has corner opposite this project which has a 25'site triangle requirements. The project contains only.6 fee simple townhouse units with garages equally dispersed on (3) ROW's so there will be very little impact with additional vehicular traffic. In addition,it is important to note that all the ROW's will have curb and gutter defining the edge of the roadway. If the site triangle was measured from this defined edge of road instead of the property line it would be 51'. The structures in the being proposed outside the 25'site triangle are masonry wall with a portion of horizontal railing which is also more transparent. Consequently,a positive finding with respect to LDR Section 2.4.7(8)(5)Waiver Findings, can be made. Therefore,for the reasons enumerated above,we respectfully request that this waiver be approved. If you should have any additional questions or comments, please contact me at(561)274-9186. Richard Jones Architecture Inc. Jennifer Snyder Project Manager R g 'and sniaaaHd osF ®®u E s gQIS KVHDO 091 �a i jN C?r-x4 X�'y`'F p `f a4 # Sf� ,�� tf'x,�# �,�. EL- '.`r• h W W Ww O z z o�a `'zlf C9 w d &7 � '� W W N m w 01, Me O k 5Q gQ1 W x 'IT wix W W M w h re wk3� r't Z M m uj d --� ` , �., N Z 1. " a m m z = wr a 5 Z ,(w ti� '�` "'' E •"'.� '`yes' W LL z UO M V� w W N LL. x . � 3E'S"it# -�. � k .a�v� 1.�.�' i,r . tp F- W �# oad z3 W w y U� LO Lo ry OE r m c N CL U W �,ZsM� °z UZU`F� O oa V r'^ >� = oogo w°°Q Z rc ¢ K V%n Q W w q x z E B v rc a _ F Q ,_{ W c�W z N ao0o O° > > a o K mw�Q¢_. u. OFZ wU¢Q `� y O ° U '^ w�Z w w O `�'L u Z Y m U � O rc C �W ° >>O U W W U I 7. n< z p C) 0 v o W F r 5 m � o OZ d m U g w W ° w ° Q a w w w° Z ->J z & 2 O L N Q 2 w Z dz�u N ZNmZ,- W c?w off, 1. O N WJ W Lu a r3, . L " wjmrn 2 �# W Uwt�l.N fist '7 kf F' awczi� RrL e 0 0 0. Z W kU �r y rca a n U-1 U `�` Owz zzz �Ka3a a Z �wOcD P yo5 °wwu9 JWro¢O y d ° _ ,k � J-• - W QO°ZKKKN ZZZ�� a a2`n J f7FaZ 'i w z �¢www- a 3a u F Q dwma e � rc 4a wo�a�amy° �u,ehm zz3 Q)z?W �nQJ ,i - f UN � NU'r-J W�F�C� 0F0--0F0--0 O 4 vrXX'i eZeW �CLW �� i�� i11W W W W p WaN Y WOE ��yy 1.�., c�Jm K �Q4Q 6Q4Q¢ U tZrly Nhy f0 5 - .� MIR RD RR 17— .......... amid $3 r N 0 pnoN soov3e� Mao AV. 7w- Aw 37m F'"R. i MIR INH R a I o b e a" 'per y o 'ja 'I ti Q re!•NUNNIINNa yy Cg$ , LOT 3� LOT 4 PI - S E A 6 / 11 E CjJ'HZ)YAU AY'dIHG MY SMKNGNV O91 ME KVRDO 0�1 E t I 3nN3AV SM3�10NV 9 a AVd bi DR I iq lob fl- K.9 I W %1 111 HIM Nn Alv3doa ... A, A10 1 4, Fp— IAL- lit v HE w LU 0 k L L > o ILI lz< ox 0 55 U) H CL Fri-g ODE s —.- -- T=--z-- I 22 VI —\N1 Wiwi 3Nw1213 o bid� ss m 0 lob — 3 >1 n -1 9 R HN Z We H ;I J� 'C"! 6 M Q n , .11 Mw HE 5 Z P ag x o x MIR is R z �4 h i B 5 HT MR - - - - - - - - - - - - - - - - - - - - - - - - - - - - H p�� B , �m IN 'aAV sma)i(,Rv o ." Hals mygDo 09 IF r7l LL OM LVN A O : I � I 7 0 yE] ID ILL ❑ FIE El o � I � ` . | � | / � ' h / � / | / | / | / \ / � \ c�| / | / | | � | i / | ' | / � / | | | ' | � | � / | / | / | / | � | / � | u' | � / � | MAY M3�aNV 051 2 ATJ rm ID C11 9—Ea J3 1 t Ij ID VN gig o| | of / ji | / | / | / | / | / | � | ' | / | | | | _ _ _ _ _ _ _ _ - - - - - - - - - - - - � ` � | | | � ' / � | | ! / ! ' / | / h o \ . � | / | / | [ / » | | ��| | / \ � | / ) � / | � | ' ! � / | | / . | / | | / | / ! / i ' | | � � � � / | r | / � � | / | / | / | / | / � / � � | / | | | i rid wg UF 9 CL 0 ED H If | _ _ _ _ _ _ _ - - - - - - - � - - - - - - - - - - - - WEE-u 3nV SMeNatitl oSI ® a € HmSNtl3D005T 3 o oR 'Ea $4 e .p oR -k ay s ' di o o�j 4 2d N r . �.. ' i�J1M M Ig4uMo-fl o LLI gv— j�z M- als�j3oo O�L j G _ Qnoo ®on g � I m0 ; oo O cu s•. � 3�op I Lu o 31 o�� >> -� oaoa000i °I s s f � IV i3w i I I � LLl — — _ — _ I— _ _ _I— i — — _ _ _ _ _ -"'— — — — — J EME 14 1A3YagAVM'MQ "My smguaxy 51 �■� ¢ 3CUS RvgDo 051 s e e Z Q Y- LL iF LU 4 N S. 'f 4 E wl I ♦ vI ,. a G1 O ry 0 tu- 11 1 - - - .c c:,c xai:aa rxx is _ -_ _n;.m+axe_�u _ r�tisr.re+.r'�?a•• �v:_.,ena�wc s•�szr ns.�a3 { (F t a — r L.-'-L J e C ° � sle - T-— u �. F - —f - �`� co r-1 o .L.....J. L p - a d U- L----------- ------I `wCI i 'Q Ep A as i---- I I m t r°i-I - f I � I t e ° -- — — — — — — — — - - -- - — — — — — - - | ! ' ' � ' | ' | / � | 0 / | ' � / \ / | � | / | / ) / \ � / | / — | / | i i LL CL UJ CL do ,— � � ` | \ / | co In ot -:r1i c� ca | ' LL ILL � | LL | .4 12111N all / c � O + � � / y � / | / | / | / | / | ' ` | / \ / i | � | | ,AAV SA%3'4(]Ky RVFIDO M s 5 it it it tl Vi - - - - - - - - - - - - ---- - - - - - - - - - - -- -- - - - - A e a = O I I LU iF tF 0-M�4 s C • I i f I Q { r e o I I I e I 0 Lu 0 I � F �.. Do) U:1' it Li. •3 N2Abps SM38Upd ` ,34 FR.�+ k tt Y °t F 5 "`1 i 1'ny'' .{ s �a,,;;, `� ,� F�5Yf�fr" A�-{ i f � y..� E- _c'.e '`•srx14s..� .zzz� $v '.'"s �,'�` �, t'•:�•v a^ .... ... 7 411-Im pan Off a.J. , _ ,v w„c ai LYf l;j'� 7 1aFa "(. 3 i 4 r w ,�r ignow 15.5�y s YYa ,` ,� I e' §u,s •yt1 t:,do jjEN, +' 4 ' f+E 3A M PC urn fill 11 It 11 w ( )U. ....................vet. H H 3 v 3 R .......... N V l 3 N"n 1 _• r Cc n1l " o0o aacQSla©at�moovvo 4� arod i 4€t Q�rpEidgl Q� C itr re Or/� �� MOM .. F r e ♦ n r s s � .,•- ' R \/r■� ��I . 'S � � i�� +\. ail l�� ,\\\.v� "Im 0\TEA\\\ iJl'I�lirl; iI s � o j� C�+4�C��4'�4LCA I CDC[�G[I OC+Q[+G3Q�1 ,I 1 �� a�lc�7c!�ie'cr� ' ca�as I -`14W, ; ��'►vl�`—; t QE' �► F:�4[14 a t A , 4�4G4�E;,1 � •�;:� :'111 C� ■■1���,i�'��\�o .\ � �(` � s� y� C�pCD G' tiiTW Qa ml RM _ r1Sn ilt�■w■�i r 's I�' e y� ual!■1 n►E`�Q A �1 maw i @■fn�� �II '' {� �I tri. i r111 Q A Q, \oil na$ �i D7'4. �r* LN�S /�E� y �j�J .���lA'i� &G� �r oy F\rn..cai ticar� .si//I!//l1 `1 l.I,r` ��1■I�'�il� .�1 ';FtiS' ' �,- 1\•���... ��rn� ��+�i«rrrl►�as�,� l�?'��LEI I tl, ; � .� ■ gun■. ■■■■��uAAAAAAA�Jl� �f��..a��r. rQ�rca=e-4,:4 . :Q—an. a E §■L+L$Ll+{€r �o Oil E ]af 3alF E y/tsfatsit#td a#t!,t#E f #7#�� j�ySt L r�i�t Y7t�d,�F �'��i t a t �t l it l i (y y,a�f i='l7E�,i e�l}{a i 2 i�f t y It'5i iia 7d 3 tf� EP_g=�� 't�t�l iitQ'�E �ti� F�i f p I I t l fill Ali il HuS _l i' i#F�i l { � ,l 3rtflr jl =I al{S a �ctt�t•3 Qa jl iF# tl�i:i 1!t �tYE aetR'� ��7t rii !p�' j t�ii�+��r{ t tjjj , € _Qr E iii #t . itf it�, t,at4 t tl= li Ss € afitl ° l l;itQ i a a;itiit t �tlfal, ;r }i ]E€t `"!i='a}� } et{! {t�t'tiI ii) 1 tal p Y s1, �Yiti #. •' ;�ggi 3` qj�F( E 4#;1`�I�3.Y ii '_ '1j+,1 •t ;E 11 i E 316«5k5klL I tF#'t#2 1� #` 4i `j st;l¢ #'l' i}= ;i # =!t 1!i i d iitf l l t i a`1i f ;�Ljlll##�i? Lt a =iL,Q tEtT€d#1`�1;{� litli: l�r � .1i61n IiOii i;i Iytlid ti, 3 tt¢,tttls;ia tli {ri,*`ffl# tP#i {�{ l ¢� 2€ k�"5ii3': " 3#1 i QtC ;ti e' tq#� i t Ed;� l i=#! t i [ i}i#[t 1f1 =i35# ttl e9 o z a z x 1 r t F•a{ ti 4 #2 E +a f t i i )r �E d ! Q tt ! i i �}► E' �� � �'£� �� a � � ° ��� tti tit i�rid a; • s� i �� �, !€ � �� � Q Qi"19,� , a e d i I i S t i I f +� I= Lt t j 7 ••t t it"3 r 1,:�1# fill�€a, �t A.11, lr [Fii H !it t•t E�t g u� �1 ,#,1:�a l�Fi 6;i�a #'#I€}e fI�i�►.t 7I'j a s 3� a 2 a�, i Q {t #a �< i x< �t �f d LL Jill l_H i t •• § a t(iit iti ;,i A t #t E #;#• r3� �� its ��� It=+, L i#�x�tY�'ai ��ldt ;I j ;2 F � i FF F� l #: +tit fit'aj j� i= t��is •Yt�9+p�}i iE_. �-�i 1=�i�i.°i�.i ��art##� a���,i� t` l z � l a i ;���l a' # t t * �+#l{ii�##iF t {. , 33 Le ttl= E � �� a 1t� l ;• t ' t d ;tit'd� t1•;�t �it #� i�'�� #�#lL '�� it i t t a tt h , #F t , t i=2 'ia tt t�i+ #: i', t l =E } i( '' # ''�{_�i �'�' �a � ��; it t� l +t=� �"t i- t La r tl , t[.is .1}t {{ 'SS, 77j{1 il+ N• t€ i]i€ Y Y� i t�� 1� I fi= ;i,l€ 1 jt[ � i SR 2"'EEEttt L a i t 111 � { t t; tt i•#t ; t. 7" 1 t; 3 t t h = t t t � Itt ff`1=t t= i$I!, .#d3 = r it 7�Fli # i l: s' t• t _ -ti�ttt II 3��`l }'f i�jall t ,r =t�= r j1����t ! I' # ti#�t # ;}i# f' {l=ft =i t a tF stt a tS r hat• t #•i;dY�# It jti , #{3 ,! +�_ =tt 111.4 titai tt! i t tit lit LI t!lr tilt I i ii 2 i. tt ,� #tsri�i4 ti[ '' Hl}i�. i g #�g[iirt ii t�t t t:if 111'ft� 8 d Ih a t +i 7 Rai(1A r�fit ]g# • ,i"aitt i' i ] i 'Itt tt} # ' tYR+ €�' =a.ti= i= €#1 # t '(i i3 j tt, t# t• 'ti #{ �;!€## liii* iY�t rot 2��= a E viii # #t {= II � _ '' {iiliit iiE � a �ttit t t ti a•� 3,tE a s a i't a I.a),S � tit{ i� i,l t�# t} l;Ri i '�i�i�t tt d tl2 I ,=a i t t tt 7� tf d-i� a L lift#i It i t }!alJiit i gtl#'� ' iF t 3t l #; MillF iii t (�'li a ; ;I t E#ta ; iF,' if2FE 'i't's I=## f ItFt#i { t c iF l+ n I Egit a i ,i t#'#i i #ga t t �'t #t=I that ai t 7 2� t�.3 •] edti, [ iiel�#! 1{t j 1, #�ti ttlti� i i �. #�i+►_�ii t � ia��F#{ z[=r� �? ���I": �t} �'�'E �i z ti i i� {�li?�It ,�Ii = � � ii;tdt ! i € +=E� i }+ sg;� i+iii;. _ ijt`.r s#t•It� ?r i t # f ; � tt tF #�9 t i, a( $ 3r11 �'t,l' �l + i as it a+eFtF{LFL•F l + If t tf� D j ji TT = t ' Yttiaaattt i{i }{ t �#{i' } il7�t =tF a 7 , a # t{t IiFd#t= t ' 7 =• 32 f +S ;5#t tat � 2'� } } f=.�= it E r# iF if 2 Eet. t. #j�{- i! ,j i S a= I i#i it#t i Zip ti3s l#eQ {ia'id i yy},t #al z}jli j(t8}g t� I.ISjk=I f7a ,dtt fat #tt Sit j°i i?4ji1t+1a.t gt !!f al i a;,{{ t#i Fit t{3 ti a�dC 3j i bl Ti t 1tt F • la is L�a#• i i ; =al it�f 1 3,kk!€lik 31 f i t Pti f€if'r i#FFF t § i t tf t t i: iti,{'li7##'#'`si«t = It il3 M s it i # i 1 � t # Q = k F. _ 1 i S#t t ' , , =j "ie Es•ii#€rat I t = aft{ rji j`7i Yi = E #, i�} ;a iyf9i€flt d ;�3 ` Qy9{i i Ed I 25 t ,�t F aa t ##jati4d=I < X u a n d + c a c - iEt# t t#€iaj�ttt.at.#{t##t • I a soar vro n_:ooa:nax/u/s'swroxrc,m,\tea\•":+wm at-sro>q,:oz\'° ',. Q vwaoZd 'HDV38 CV2I I� a se a ss :,oa ss :.ova mceco"e°'n�xou°•e Ra,MO.mM �'wi:Fa. m vc npww a°ztrota aQISKVH00 OBI SYNVVE19NOD'rvatssrv\D"1119. Su HNlf)MS w x o rah wwnowsrrotaz.°— 'VW. IP:luuava„ u6jsed�,U3 s" °S :103 NMd 30VNM(I Ta ONIAVd us I a~ j m o 9T ;Md s a M n a:t2wap a e 7 &<a 3 SNOB soa m 3a �s"a Sandoo . dons �F� g � x<ws� °s a °> �J w�€9°� w° yaa Qoas F��g ��� who a _ e Wa � < ° � ¢°` gy=p}a�<9 sM '� NO c and g a a a sa0 ass < a = onaa & S a W2 CM; ass C, Ewa o° ° z = �� _ zwa • .�.{�a sd} ,Y?3', 1 O l , _ °-- Fg �g rr � Gffi 'd I sH K-Mx i�MI a €m a aUP I.H. ::��,`s a�aoa mH z � �`' ':%j;;r7—'f';�'.',�'•;�c��� .--.-.�Y�7j�� .,T � r f,a�.�.;-=r>—.!;;r--- Y� -M•s S'.`/m's F g, M,/rs /s�--�G ays?-.-.,hy � �'Yls•�!>rvs r/ �.., r �i�vs- � /�M'� r �S/ eh's :' rrvs--.-urs._.- IX iM-2.2.2h �_ +'I• lD. •,• CrR �$�'/rcYa h✓r ar�r� � ". �3S/-�;�/$ q� .. // '�/r./ �/�%� %%. d. �•/r -� ���,' •:. .._ •-� 3,�. ,:.4., r-ii,':-. ,g/.ef��� �n � � .,.iLrSa �Sr{Fi! ��//>���- y -.�&5 - i%t /�;•.'. � t/r a �� ..'.r%',:;� �� ✓//` � r � YJ f � ,lr 3/' ., w�E--^F-�' •ems.'-- —n,',a� xaal- l' -,• svy r cra._ s..a—asn° ..;yn :yv_.._s� .,,. s- -�—..,-. . �� t. '-rt.I- 11 z LICH zf CQ — I� t .�i fii[lil�l�jill. ,:.� - - � .:F` �.<<'.. .•,`�rr< ,a�:-.,-• e�S'?` ``. ' �g� ° s ��� �� � !iii I�ii!E•iii" O ` ...�� .t'ZY f�_— __....-....-._—� 1 R�41 II I)z i- •:•` t 1 g wM <I � Y�Y� •r � Y p � NQ � 10(Q� ° a t •I• W iw P (O .4 GV 1 1 3 RE a e qnz uz e a o An { I I J•C4 Sib a 3 yg40 1 W< y 9P III n z a �� M- vi z4a� - 3 `• / (A/ h�'N i I z I S gdP. b $ ° a >; / F # bit a ` ' yN r, 1 I Ci a� a s� e if- II I, I Gi: "^++r.... •\'` <` K3. V log - '� ! c new 7rr m?s:o=oioz/u/e's v�o-s>aq:mu\�i.•===o os=-srai\rmz\:o ', VQItI073 `HOVaa )mriaQ esze cz ies r.a a wva re=5*r•r resmr aDISgva00 OgT SZN ZIRSNOa 7Na➢[NOITTARH °SiaaNJON3 y x z� =vv== a�N QIS�2I A7INNrI—IS'IIII^I u6�s�C°IA,31 '(ns;mxblo A suvZM 90eruexa ;y sxtnva j.a ASH Z EL go rN y U U EE y{ I�- ° W k � ° a sa y ° s # g ppg� OR N*4 JIM EYE a 4@ u Q SM a� 5h Mg i1 I al A �$Isa 5. nfig g U T- � papppA�y3s��°PI 5a nA `a �K ka I I fd o x s s Bass go z a_ cE gg avn nrx*- 8 HYItl h1v Bf:9S all yteZ([l/6'Z�VLLL-54091\8.1a\+elxuea>0 CSt-.10Y:\IIeZ\:0 ry nutlY n VQIiT013 `T30V3H IV2I13Q vssa_4cz ws :,a o v z ivs :•ova yff qm�•y�veag<ogoe Roµe.oe xlaao>4d e6Z Pry svGS rory N6LLYtNavBny ie 3lblidl[U v°be 3QISNV300 09T sdrvdnnsxoo�vcx�xxoxrnNa• saaae�oxa + ,zg o �au�azs�x �zi3—IZ�n Asa^�5�� JF x u6�sep°��nu3 sxasuru w dnoNUlStlo'v'""n"l'o« :HOd S'IIdS3Q E9VNIV2IQ V 9NIAVd 1 $3 J VISA �p§s of. gp�p W and �ed�a � o 0 v TH N H II ff c9•z RA R �: �� �� �m =� ��€ � ��_� boa;£ n•i cy--q— � ��� €e1 2# � a, I r i,> s�U� fix=§5 ❑o ° ❑ ��° g9-ng Ew -I gap oQb-o ng aw2a, ks H P, °o° ❑❑ ° a m � 3s age _ "� �€ aA!-, dFa J g3 z wz 4�^ m � _ _ -g�G 56 =a ° fi n 3 � €s�4 8�a m R € Al _ °gs ��€8� a-5,1 < _ �G wa s e a ass ° €� sZ A � g° n a s Zip FE t* - MIRY =a %9 Hit Un € ar €5 8 € € w�Ey =has aka �a6e =9e� 5b -= s0ag s° b d � €° t -m.6 a 8s P pw 's Ng 9 9 ue s,a za, a o �Aoj N X ;jLL N21 ° ,. fig w U. I s > gym° r == _m!M, ° s ga Bm `i Z °o 2� €F=Jn �g€°Ymm ass R== €€°z H�•3�< � °aj [� � fFa c� 8 & y�� o:aLL wm a` g �mmE wmm . s�``z � m>ep6„=aeWO o� ma J_ qtr- gwg =am �€ eg Z mz €= n°a ow 83m 4,4 s €° 2.1- K e ­14 a o� =gym j og € dbo 6:5 Ha �m �gsw o o s ' m acv b 5_ =€E �m a-.e,Z,m assn€o� €ism ag Como �� � � � em e -.,X! tz �c �� � G,; 5s- ag `.` fitl ag 0 8& xw w� mpg < ast�, ��os `L � € o�oepa� a 3m5°; °�a 5,€mm _” 9-Ni figg-P'E dgq ws° a so na d ww °s ,FZ w X €sW !�. `aswa g ` w�mauaa� � F€wad �e €�z �� nW , es m m€a wa5�o�= €< ` s elaa�m j `. a ByaF€ BLLJ mg<° ° €8 « ,8 , . Ga >g g� g-��op ;fi o =�� o = 8 � �< a=°�£ --1"j3 N ° ter < � a1 e a°< 4 o„<wp<<'e ° ao<p 0 Hativ':av ri:[5:01 1102/[t/6'ExP'll0-St061\'+Y.O\nlruroaa pSl—SY0Y1\fiat\:0 aa1/Y/tiv 655`-YLZ 19S +^! WS9iLyy aB9 awVd E ma xnmr VQIHO'IdI IIIOV�H ��ZI�I 13Q ri[�gPV N11'VroaB LMoO.toM uuy vpao Id 66L xoLLVL60H1xV l031vaWxv vaUW y HQISDIVH00 09T SINVEMSROo'IVINRKNORIANS• SIMNIOMa + °z :mwnvx Ord ,nox,wYa'n°iox 2T03 SWIM USOMAS,SVAI v H'SSVAi gigs a s pip Is I IN'; Yiii a all � .. INS��� �trv� VIM i Z 0 A § �'�`9 � LU �a 3 Ch S�3 Ills p3 @ 1 ¢ � R �SyRb P, b � � xlm m 9a 8� s�yh at But i a � �gtl RCS» - H g a 3 Is 3 yyak i 'd q e 3 r o Sgg k 5 L 0 5. N hill 9gRRI! " b b Ida O i RICH PIN V is 0 H�tlb'YVY OY�LS�014tOL/CI/6'6+P'�-V]-cpal\�MOlow.rvwao Oil—symi\1102\:0 ' 8559—YCb(tSS)°J 0099—f Lb l9S :aOe4d as Pi`a'••+'�a VQIHO'I3 'HOdaH .CV2I'I'30 mcs«9°HBrwl�'it°°uwunr"�eo°in°ow1°'pdowun4dv 86t � .N '.. ROISNV900 041 slavi asxoo zvctzsruyo b snamf xa z , r�:.msexi'wl uBjeago�)nu aF Qo mgN °tl :t�oa rzv�a uoisu�n�ua t3ottnZZOa 3 of yd� } r 8 °dgq�k etl�a� ��= rii lax(��;! 1w"z� g Bpi z o7�6 gg �i @ °s F 3c tl i ulo < tla a tie ggg55 p p ��bes�� ggEy A '� v 0i ��$ Nk g i etl �g � ✓� 3'° gg s h 1�•i q. oU 5°9 NMI IN K P �� aa a,y RU � �F DMip! Nib �a - 5` d' 8 a.§ � I �o a wa iz I ww E-1 I I i Y I � i t� I 0 -- W J1 x j[ 'M 6Z:9Z:OI tIOZ/W6 '6mP'ON]-9b017l\OMO\@Pisuoao0 091 — gtiot �IOZ\ 0 s+' i V0I2I0u 'nova aCV21'I.'3Q arse-fa lea a -rt me wra YYKtf' al M�b4d eR 3HISNVaDO 091 .197 ��N�QIS�2I iIINiV3—IL'IIII4 aaa 3� Ok � mm Iota mmia 1-usodwoo �r i 44, . irk r y ,r r e RM i it'd) ye: 30 w a PIS r'` c Irk 2 ..� ggggggggeeiYd� I .I S I ct �Y ' (f. l �n -3t}�.�` !"jf•,.) OFi fF 46,T 1,rEft'.'Y zi V SS5SS d 83� HIM 1111 11 cq •_:: c —xrs� � ays—ays—lHS �—.k�y �—�—.�—��� xvc�°Ms—xva—.xrs—xrs—ms�xvs rrrs xr -1—nw.pe—m nxa—!wa �.—rwy .nuu—whu—roaa—nw—�j—reha—rwa—nxa ww.—rona—nwu—nxa.—rrna—� —ww—ww r � I �ere,�5 ;.:,, SYa Sye—bla—eYO�SYD•--I—S • iy�- —sYp.-5y9—sM—yry �•�— t � .arc Y y NJ Ii e I, i _ ,I Imo• �a rvxa—"Ny• ^""—fw,-_rena'---ry ::��`.``•'•'`rS:i'i>c:��rSr; �2S tEY� I M,,I v F F 4' x` `anise '� 1`�• ���I�'". t � NitE R dgggg � E I E 8d @6 � 4 q S � ¢R{k 3N�, t ' t zF '; gN (a � .All 1% tl`i xi, "�xsL WAR amwa aa 7 - IgflrIF3 � °'*u o. a� axh At i t- Z �y.`;t�� YC=� 6.E 1����14i� w I1Si w-+w �2�ta➢ _ s �it t�,. ��4 MUM aura ,4 aY k f ; As' ",k _ 4 IT ap e Y A C i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 12, 2015 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF APRIL 21,2015 ACCEPTANCE OF RIGHT-OF-WAY DEEDS/DELRAY MODERN,LLC. BACKGROUND The subject properties at 318-320 and 326-330 NE 7th Avenue are located on the west side of NE 7th Avenue. In September 2014, Delray Modern LLC. submitted a building permit application (permit#14-152989) to construct a duplex residence at 318-320 NE 7th Avenue. In December 2014, they submitted a second building permit application (permit#15-155182) for duplex at 326-330 NE 7th Avenue NE 7th Avenue is a local street without curb and gutter and per LDR 5.3.1(D)has an ultimate right-of- way width of 60-feet. The existing right-of-way is only 40 feet and the applicant has requested a reduction in the ultimate right-of-way from 60 feet to 50 feet. Historically, there were approximately 2- 3 properties on NE 7th Ave. that were informally approved for a right-of-way reduction. Therefore, keeping in compliance with the establish criteria, on April 2, 2015 the DSMG recommended a right-of- way reduction from 60 feet to 50 feet on NE 7th Avenue. As such the applicant would be required to dedicate 5 feet. The other 5-feet will be obtained from the property owners on the east side of NE 7th Avenue when those properties redevelop. The applicant agreed to a 5 foot Right of Way dedication along NE 7th Avenue and requested permit be issued while they obtained the necessary paperwork for the Right of Way application. Exhibits provided: 1) Exhibit A- Location Map 2) Exhibit B - 318-320 NE 7th Ave Deed/Sketch Drawing as Exhibit(A) 318-320 NE 7th Ave 3) Exhibit C - 326-330 NE 7th Avenue Deed/Sketch Drawing as Exhibit(A) 326-330 NE 7th Avenue. DISCUSSION Consider acceptance of Right-of-Way Deed for five (5) feet of right-of-way dedication for 318-320 and 326-330 NE 7th Ave. TIMING OF THE REQUEST Proposed completion of this project is scheduled for May 2015, therefore this is of high importance. RECOMMENDATION By motion, accept a Right-of-Way Deed for five (5) feet of right-of-way dedication for 318-320 and 326-330 NE 7th Ave. f �. L L NE ft 9t NORTH I _ I iAM, 4 � - _ I 318-320 NE 7th Ave 326-330 NE 1 7th Ave °# f Ifl N J --t --�- W ti'rd Z 318-320 N E 7t" Ave �s 326-330 NE 7 to Ave Prepared by: RETURN: MAR 0 6 City Attorney's Office 200 N.W. 1 st Avenue Delray Beach,Beach,Florida 33444 PCN# RIGHT-OF-WAY DEED THIS INDENTURE made this r day of frtt z�. , 20'S between -e f 1` i V­(�#ti , L G- C , with a mailing address of Zii e SF "_ e4v�e_ OS' 5e /-, as party of the first part and CITY OF DELRArY BEACH, FLORIDA, a 'Florida municipal corporation with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right,title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: (Legal Description) See Exhibit"A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence of: 1 . By: lC �ta � rn J�CC�nC4e�'(S. (Name rinted or typed) �' (Name printed or typed) — _� C�; � F4-'7-k � C? A-r--y C A-5 t��L1 (Address) (Name printed or typed) `� > STATE OF Flo)-/al 4 COUNTY OF P4-^' 1P?4 ,> The foregoing instr ent was acknowledged before me this day of Gam „ 20 1;, by laic, G�c 7`',r who is personally known to me or has produced as identification. Signature of Notary Public - State of Florida CATHERINE H.STRADER NOTARY PUBLIC STATE OF FLORIDA Caffp*FF125716 EXPIM 5/2212-010 2 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 1 OF 1 J U 20.0' o n�8s°14isa"w. DESORIPTIDN '€ 5.00 L o THE EAST 5.0 FEET OF THE SOUTH o® HALF (S 1/2) LOT 9 AND ALL OF �u LOT 1Q BLOCK 193, HIGHLAND NORTH LINE OF z i PARK, ACCORDING TO THE PLA T S.112 OF LOT 9 THEREOF AS RECORDED IN PLA T L BOOK 2, PAGE 79, PUBLIC RECORDS W of i OF PALM BEACH COUNTY, FLORIDA. Q N O W C15 LBT9 LOT 10 Ww w C5 Q ©h hQ) NOTES- (3 THIS IS NOT A SURVEY THE EAST LINE OF LOTS 9 & 10 IS ASSUMED TO BEAR N.0°00'00"E SOUTH LINE = CENTERLINE LOT 10 i 5.00, N.89 01333"W. 20.0' PAUL D. ENGLE SURVEYOR & MAPPER N0, 5708 DA TE.• MARCH 6, 2015 O'BRIEN, SUI TER & O'BRIEN, INC. CERTIFICATE OF AUTHORIZATION #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N.W. 17TH AVENUE, SUITE K-1 ORDER NO. 14-17'UODERN 1" DEL RA Y BEACH FLORIDA 33445 (569 276-4501 561) 732-3279 Z-IDate0ra4ngsSOEMERAL CA0D%G7cd514-17 gxd—03062015—11:37 AM— Scale I.,240.0600 Prepared by:RETURN: Ifni ?p7 City Attorney's Office 200 N.W. 1 st Avenue Delray Beach,Florida 33444 - - -- PCN4 RIGHT-OF-WAY DEED THIS INDENTURE made this < day of__/10"e k , 20 13, between pz q- 6_". , with a mailing address of -2-16 4 a c- '#- J- Ir A party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Flora a municipal corporation with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida,to-wit (Legal Description) See Exhibit"A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written, Signed, sealed and delivered PARTY OF THE FIRST PART in the pres nce of: By: (Name printed or typed) (Name printed or typed) Z�6 6 (Address) (Name printed or typed) 7 STATE OF Fl w-i a COUNTY OF 0—l �LA The foregoing instrument was acknowledged before me this day of AA-urtcQ, ' 20_(S, by C'c4la"-d i r who is w personally knon to me or has produced as identification. Signature of Notary Public - State of Florida CATHERINE H.STRADER. NOTARY PUBLIC STATE OF FLORIDA CoMnW FF125715 Expires 6/22/2018 2 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET 7 OF I � o k W J {/7 20.0' IV 89°16'06"W �S�.R1p1 IQN" 5.0014 THE EAST 5.0 FEET OF LOT 8 AND Q p THE NORTH HALF OF LOT 9, BLOCK 113, HIGHLAND PARK, ACCORDING TO NORTH LINE THE PLA T THEREOF AS RECORDED IN LOT 8 PLAT BOOK 2, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, k W FLORIDA. LQ Zq J cl� lw� II Q O �FWq A wl Z7 � 0 NOTES LOT LAj ��' O LOT 9 I THIS IS NOT A SURVEY m I THE EAST LINE OF LOTS 8 & 9 o I IS ASSUMED TO BEAR N.0 000100"E. SOUTH LINE OF = CENTERLINE N.1/2 OF LOT 9 5.ao= N89014'50"W. ' J 200' PAUL D. ENGLE SURVEYOR & MAPPEWINO. 5708 DA TE- MARCH 6, 2015 O'BRIEN, SUITER & O'BRIEN, INC CERTIFICA TE OF AUTHORIZA TION JLB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE• PAUL D. ENGLE 955 N.W. 17TH A VENUE, SUI TE K---1 ORDER NO 14--17'MODERN 2" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 ZSO atalOrawing slGENERALCADDYGxdt1497.gxd—=061201 5-1 1:38AM-- SCalel:240.O" 3/13/2015 Detail by Entity Name FLORIDADEPARTMENT DIVISION CORPORATIONS f Detail by Entity Name Florida Limited Liability Company DELRAY MODERN, LLC Filing Information Document Number L14000072652 FEI/EIN Number NONE Date Filed 05/05/2014 Effective Date 05/05/2014 State FL Status ACTIVE Principal Address 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL 33483 Mailing Address 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL 33483 Registered Agent Name & Address CASTER, RICHARD 290 SE 6TH AVENUE SUITE #5 DELRAY BEACH, FL 33483 Authorized Person(s) Detail Name & Address Title MGRM CASTER, RICHARD 290 SE 6TH AVENUE, SUITE #5 DELRAY BEACH, FL 33483 Annual Reports No Annual Reports Filed Document Images http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?i nqui rytype=EntityN am a&di rectionType=Initial&searchN am eOrder=D ELRAYM OD ER... 1/2 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 19, 2015 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF APRIL 21,2015 RESOLUTION NO. 19-15 LAP SUPPLEMENTAL AGREEMENT/FDOT/FEDERAL HIGHWAY BEAUTIFICATION PROJECT BACKGROUND Consider adoption of Resolution No. 19-15; and execution of the LAP Supplemental Agreement with Florida Department of Transportation (FDOT) for additional funding of the Federal Highway Beautification Project. Project No. 2009-011. The LAP Supplemental Agreement is to provide for the FDOT's participation in additional financial assistance to the City, and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. FDOT requires a resolution authorizing the Mayor to execute the LAP Supplemental Agreement on behalf of the City. On May 12, 2009, the City Commission gave approval to move forward with the design of permanent modifications to US 1 between South of Harborside Drive and Bond Way. On March 20, 2012, City Commission approved a Local Agency Program (LAP) agreement with FDOT, which defined FDOT's participation in milling and resurfacing or reconstructing portions of US 1 (the project consists of landscaping, lighting, and minor drainage improvements) and resurfacing on Atlantic Avenue from Southbound US-1 to Northbound US-1. This agreement is dated to expire December 31, 2015. On November 20, 2012, Commission awarded the construction contract to Sealand Contractors Corp. Construction began in May 2013 and is expected to be completed in September 2015. During construction the FDOT requested additional work elements to be added to the project scope. The work included an extension of the bike lane limits along SE 6th Avenue (Northbound Federal Highway) beyond the Southern project limits and four (4) additional signs, for a total additional cost of $70,490.00. The LAP supplemental agreement before Commission amends the State/Federal funding of the original LAP agreement from $7,241,444.00 to $7,312,384.00, for a net increase of$70,490.00 to be provided by FDOT. Attachments include: 1) Resolution No. 19-15, Exhibit A 2) LAP Supplemental Agreement, Exhibit B 3) LAP Original Agreement, Exhibit C 4) Location Map, Exhibit D FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider adoption of Resolution No. 19-15; and to consider authorizing execution of the LAP Supplemental Agreement with Florida Department of Transportation (FDOT) for additional funding of the Federal Highway Beautification Project. Project No. 2009-011. TIMING OF THE REQUEST The agreement must be executed by May 15, 2015. RECOMMENDATION Through a motion, adopt Resolution No. 19-15; and consider approval to execute the LAP Supplemental Agreement with Florida Department of Transportation (FDOT) for additional funding of the Federal Highway Beautification Project. Project No. 2009-011. RESOLUTION NO. 19-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AUTHORIZING THE PROPER CITY OFFICIALS TO INCREASE FUNDING FOR THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE ADDITIONAL FUNDING IN THE AMOUNT OF $70,940.00 FOR THE DEPARTMENT'S PARTICIPATION IN EXTENSION OF A BIKE LANE ALONG NORTHBOUND US 1 AND ADDITIONAL TRAFFIC SIGNS WITHIN IN THE CITY OF DELRAY BEACH NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to increase funding of the Local Agency Program Agreement via a supplemental agreement on behalf of the City with the State of Florida Department of Transportation, to provide additional funding in the amount of$70,940.00 for the Department's participation in extension of a bike lane along Northbound US 1 and additional traffic signs within in the City Of Delray Beach. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions m conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the_day of 52015. CARY D. GLICKSTEIN, MAYOR ATTEST: City Clerk 525-010-32 PRODUCTION SUPPORT 09/11 Page 1 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 3 LOCAL AGENCY PROGRAM 420412-1-58-01 SUPPLEMENTAL 420412-2-58-01 DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 AQM-22 The Florida Department of Transportation desires to supplement the original Agreement entered into and executed on May 8,2012 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name US 1 /SR-5 and Atlantic Ave Length 4.833 Miles Termini South of Harborside Dr.to Bond Way and Southbound US-1 to Northbound US-1 Description of Work: Milling, resurfacing and reconstructing portions of SR-5/US-1 from South of Harborside Dr. to Bond Way(project consist of landscaping, lighting, and minor drainage improvements)and SR-806/Atlantic Ave from Southbound of US-1 to Northbound US-1. Reason for Supplement and supporting engineering and/or cost analysis: The terms of the original Agreement, referenced above, are hereby amended as follows: - Add funds in the amount of$70,940.00 to cover work needed for the completion of this project. The additional $70,940.00 is for a bike lane and traffic signs that was requested by the Department. - Exhibit B attached hereto replaces Exhibit B of the Original Agreement. 525-010-32 PRODUCTION SUPPORT 09/11 ADJUSTED EXHIBIT B SCHEDULE OF FUNDING Page 2 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 3 LOCAL AGENCY PROGRAM 420412-1-58-01 SUPPLEMENTAL AGREEMENT 420412-2-58-01 DUNS NO. CONTRACT NO. 80-939-7102 AQM-22 FUNDING TYPE OF WORK By Fiscal Year PREVI U1S TOTAL ADDITIONAL CURRENT TOTAL TOTAL(4)AGENCY TOTAL(5)STATE& PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: FY: FY: FY: Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development& Environment(PD&E) FY: FY: FY: FY: FY: FY: Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00 Design FY: FY: FY: FY: FY: FY: Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right-of-Way FY: FY: FY: FY: FY: FY: Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00 Construction FY: 2011-2012 DDR $5,051,604.00 $5,051,604.00 $5,051,604.00 FY: 2011-2012 HPP $1,439,840.00 $1,439,840.00 $1,439,840.00 FY: 2011-2012 SE $750,000.00 $750,000.00 $750,000.00 FY: 2011-2012 LF $882,000.00 $882,000.00 $882,000.00 FY: 2014-2015 DDR $7,650.00 $7,650.00 $7,650.00 FY: 2014-2015 TALT $63,290.00 $63,290.00 $63,290.00 Total Construction Cost $8.123.444.00 $70.940.00 $8.194.384.00 $882.000.00 $7.312.384.00 Construction Engineering and Inspection(CEI) FY: FY: FY: FY: FY: FY: Total CEI Cost $0.00 $0.00 $0.00 $0.00 $0.00 Total Construction&CEI Costs $8,123,444.00 $70,940.00 $8,194,384.00 $882,000.00 $7,312,384.00 TOTAL COST OF THE $8,123,444.00 $70,940.00 $8,194,384.00 $882,000.00 $7,312,384.00 PROJECT 525-010-32 PRODUCTION SUPPORT 09/11 525-010-32 PRODUCTION SUPPORT 09/11 Page 3 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 3 LOCAL AGENCY PROGRAM 420412-1-58-01 SUPPLEMENTAL 420412-2-58-01 AGREEMENT DUNS NO. CONTRACT NO. 80-939-7102 AQM-22 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF DELRAY BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: GERRY O'REILLY, P.E. Title: Title: Director of Transportation Development Attest: Attest: Name: Name: Title: Title: Date: Date: Legal Review: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT-Page ageI FPN: 4_20412-1-58-01 Fund: DDR, HPP, LF, SE FLAIR Approp: 790092 Federal No: 4854 080 P _ Org Code: 55043010404 FLAIR Obj: FPN: 420412-2-58-01 Fund: DDR FLAIR Approp: 790092 Federal No: _ Org Code: 55043010404_ FLAIR Obj: FPN: Fund: _ FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: _ Fund: _ FLAIR Approp: Federal No Org Code: FLAIR Obj: County No:93 Contract No: Vendor No: VF 596000308007_ Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this ? day of 2a2 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency 6f the State of Florida, hereinafter called the Department, and The City of Delray Beach hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Millin and resurfacing or reconstructing portions of US 1 / SR-5 from South of Harborside Dr to Bond Way (proiect consist of landscaping, lighting, and minor drainage improvements) and resurfacing on Atlantic Ave from Southbound US-1 to Northbound US-1. and as further described in Exhibit "A' attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) 1+A+B+L+RL+T+X are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP)for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently that on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT— Paage ge 2 Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP projects. Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/30/2014. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements,to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 8,123,444.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT—Page age3 3 3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed (NTP) from the Department. The Agency agrees to advertise or put the project out to bid thirty (30) days from the date the Department issues the NTP to advertise the project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT—Page 4 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG), and the Chief Financial Officer(CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (1), Florida Statutes)are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT— Paage ge 5 not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part Ili - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV-Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget&Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Karen Maxon, Budget&Work Program Coordinator STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODIJCTIONSIJPPORT—age Page 6 Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Karen Maxon, Budget&Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 3. Copies of the financial reporting package required by Part If of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget&Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Karen Maxon, Budget&Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT- Paage ge 7 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof(Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT- Paage ge 8 the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory,the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty(30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period,the Department may either(1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or(2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT—Page age9 9 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions,"in 49 C.F.R. Part 29,when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT—ge/11 Page 10 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT- 11 Pagge e 11 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT— e/1 Pagge 12 2 If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E-VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ,�p�{. 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT Al �Tr r oRTPage/13 IN WITNESS WHEREOF, the jhused these presents to be executed the day and ye I n e �!, AGENC The ity of Delray B STATE OF FLO IDA DEPARTMENT O NS TI J �1rJ By: By: Name: Name: ERRY 'REILLY, P.E. e Title- Title: Director of Transportation Deve pment Attes ' Attest: u Ti Titl(Y J1 1,.AX Legal Review: Attorney Offic f t ral o sel See attached Encumbrance Form for date of funding approval by mp roller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT oaios Page 14 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA#: 20.205 Highway Planning and Construction Amount: $2,189,840.00 Federal Amount: $5,051,604.00 State Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTS). Projects to be funded under the federal-aid highway program are generally selected by state DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT Page ge 15 15 FPN: 420412-1-58-01 & 420412-2-58-01 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Agreement between the state of Florida, Department of Transportation and The City of Delray Beach Dated: 5 1 a .`_ PROJECT LOCATION: SR5/US-1 from South of Harborside Drive to Bond Way and Atlantic Ave from Southbound US-1 to Northbound US-1 The project X is on ❑ is not on the National Highway System The project X is on ❑ is not on the State Highway System PROJECT DESCRIPTION: Milling and resurfacing or reconstructing plus landscaping, lighting, and minor drainage improvements. SPECIAL CONSIDERATION BY THE AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be completed by N/A (Phase 18 and 28 LAP Agreements) b) Design to be completed on or before N/A . (Phase 38 LAP Agreements) c) Right-of-Way requirements identified and provided to the Department by . (All LAPS requiring RIW) (District will handle all Right-of-Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities) d) Right-of-Way to be Certified prior to advertising for Construction. (All Phase 58 LAPS). e) Construction contract to be let on or before 07/1/2012 (For Phase 58 LAPs) (This date would be prior to the end of the Fiscal Year that the Phase 58 is programmed in FM) f) Construction to be completed on or before 06/30/2014 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This project is for Construction only with funding in the year 2011 / 2012 in the amount of $7,241,444.00. Upon execution of this agreement by all parties the Department will provide to the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal-Aid Office upon completion and final billing. Upon completion of the project the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an onsite inspection with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE oaias Page 16 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME& BILLING ADDRESS FPN: The City of Delray Beach 420412-1-58-01 &420412-2-58-01 434 South Swinton Ave Delray Beach, FL 33444 PROJECT DESCRIPTION Name: US 1 /SR-5 and Atlantic Avenue Length:4.833 Miles Termini: South of Harborside Drive to Bond Way and Southbound US-1 to Northbound US-1 FUNDING (1) (2) (3) TOTAL AGENCY STATE& TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development&Environment(PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right-of-Way 2006-2007 2007-2008 2008-2009 Total Right-of-Way Cost Construction 2011-2012 DDR $5.051,604.00 $5,051.604.00 2011-2012 HPP $1.439.840.00 $1,439.840.00 2011-2012 SE $750.000.00 $750,000.00 2011-2012 LF $882.000.00 $882,000.00 $0.00 Total Construction Cost 8 123 444.0 882 000.0 S7.241 444.00 Construction Engineering and Inspection(CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $8,123,444.00 $882,000.00 $7,241,444.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing,when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT lono Page 17 EXHIBIT"L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.13 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore,the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days'written notice; or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT lava Page 18 EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60-calendar days'written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Ellen Daniel, CPM, P.E. Local Program Engineer 3400 West Commercial Blvd Fort Lauderdale, FL 33309 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Randal L. Kreicarek, P.E. City Engineer 434 South Swinton Ave Delray Beach, FL 33444 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMr, jf attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated 115 1 1 All time limit provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT oaios Page 19 EXHIBIT "RL" ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT oaios Page 20 EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT(RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT lono Page 21 EXHIBIT"T" TRAFFIC SIGNAL MAINTENANCE AGREEMENT(TSMA) Paragraph 13.13 is expanded by the following: The parties mutually agree and covenant as follows: 1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency, and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order. 2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient as possible. 3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable Department standards, specifications and plans governing traffic control for street and highway construction and maintenance. 4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the burn-in period between conditional and final acceptance, are contained in the most recent Department's Standard Specifications for Road and Bridge Construction. 5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage). The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum, traffic signal log details recommended by the IMSA. 6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is capable of performing the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to the Agency. 7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in phasing of traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation with the Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the Agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT lono Page 22 EXHIBIT "T" (continued) TRAFFIC SIGNAL MAINTENANCE AGREEMENT(TSMA) 8. The Agency shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings and any approval documentation in a file. 9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System provided that such agreements are consistent with the mutual covenants contained in this TSMA. The Agency shall furnish a copy of such agreements to the Department. 10. This TSMA shall remain in force during the life of the originally installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance and Compensation Agreement between the Department and the Agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 09/10 Page 23 EXHIBIT "X" PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE FPN: 420412-1-58-01 &420412-2-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and The City of Delray Beach Dated 57 Z SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement executed between the Department and The Citv of Delrav Beach Dated Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project or any American Recovery and Reinvestment Act (ARRA) project may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the Department's Federal-Aid Management Office. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30 FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION 0ero0 Page t of 2 DATE AGENCY City of Delray Beach FEDERAL-AID PROJECT NUMBER 4854 080P FIN NUMBER 420412-1-58-01 &420412-2-5 -01 STATE JOB NUMBER TIP PAGE NUMBER_ PROJECT TITLE:Milling and resurfacing or reconstructing portions of US 1 /SR-5 and Atlantic Ave PROJECT TERMINI FROM:South of Harborside Drive to Bond Way and Southbound US-1 to Northbound US-1 WORK PHASE: F7 PLANNING F-1 ENVIRONMENTAL F] DESIGN CONSTRUCTION F1 RIGHT OF WAY AWARD TYPE: 7X1 LOCAL ❑ LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared,indicate the approval date,and the most recent reevaluation date. EIS approved on: and reevaluated on: EA/FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 11/15/2011 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: PHASE TOTAL LOCALAGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE ESTIMATED COST FUNDS FUNDING (nearest Dollar) FEDERAL Month/Year nearest Dollar nearest Dollar nearest Dollar FUNDS PLANNING PD&E DESIGN RM CONST. $8,123,444.00 $882,000.00 $5,051,604.00 J $2,189,840.00 26.95% TOTAL $8,123,444.00 $882,000.00 $5,051,604.00 $2,189,840.00 26.95% DESCRIPTION OF EXISTING FACILITY(Existing Design and Present Condition) Roadway Width on US-1: 24 ft Number of Lanes 4 (one-way pair) Bridge Number(s)on Project: None Roadway Width on Atlantic:44 ft Number of Lanes: 2 DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑3-R ■ Enhancement 11 Congestion Mitigation Milling and resurfacing or reconstructing, landscaping, lighting, and minor drainage improvements. Roadway Width on US-1: 22 ft Number of Lanes: 4 (one-way pair) Bridge Numbers(s)on Project: None Roadway Width on Atlantic:44 ft Number of Lanes:2 LOCAL AGENCY CONTACT PERSON TITLE: Randal L. Kre•carek, P.E City Engineer MAILING ADDRESS: PHONE: 434 South Swinton Ave 561-243-7322 AGENCY ZIP CODE: Delray Beach FL 33444/i LOCATION AND DESIGN APPROVAL: BY: pr hg Authority TITLE: DATE: Z 2 ZL 4 a i III I 525-010.30 i CONSTRUCTION woo Page 2 of 2 AGENCY: PROJECT TITLE: DATE: The City of Delray Beach Milling and resurfacing or reconstructing portions of US 1 / SR-5 from South of Harborside Dr to Bond Way and resurfacing Atlantic Ave from Southbound US-1 to 519 12, Northbound US-1 ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: i I An environmental determination has been completed for this project i RIGHT OF WAY AND RELOCATION: No right of way acquisition was needed for this project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR IT'S DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. A EN Y: City of Del ay`• e ch DATE: lVq 112— By: ( ayor/Chairman) Approved as to form and legal sufficiency: By: LL�=�t City Attorn®y " T � ■ 1 IL +z ■ H. lu AI 5 7x11 ::�Il:i 11 ■ 1 iF:i■ 15W■■■1111■ ti` ��__ 111= .-■ 1 � i= �$ �i.���—S�■ILL1 1111�I ■1■ ��I ■_■Y 1�■`- 1=--._. � .i $ ■VII I III I1.!m t _ :■u■i■ :��:r = Z■ iu I 11 �■ 1 11 III■ ,1 ■■-..■�� �� _ �. �° I1�1111 � 1 I �S=■ ■1Ls _ ��N11■ X111■1 _--� 111 1 =■i■11111■ I1K1�71 111■1 � 1 iii Z ■1111. IH ===■ in'-- 1■ III ■ - . . � 18 . u r' 0 1 in d111■1110111111 mill? ■1111■■I 111111 11111110+f 1 111111 11111111■ 111 INN Il 11x1: 1■II■1 ■1111du1 1111111111 �.' ■ ■ ■�1■ ■•11111 i 111111 1 i■ ■■■•` :dl1111111111111111 Amm■111111 11111111:■IINIII t'ti■Y N■j11-�I �I 11111 1 •u!=III ■■ u■�'■�-� �1,n111 wmin 1111�l �.uuuw 1111=110111-F■1111!� 1111■ . 1■■ ■ 1N 111111111-1 = :_ HII■ - ��� IIIII II■ �11�111 1111111 1 1111=111111 11111= � ��■s mm mm _ 11x111111111 c—11 11• ' i _ IN1I 11IIr _=1=-_•:--:- 1 �II11111 1111 II 11111.=111 -: - ■111 ■N nn1111a mr1 III:wruu 1 ::IIIIIunu� 11111 IIIII: ��•°'�p11111mr11■111111111'_!n 11x1 Iw i !u 1 111111_u 1111 = rw I 1 u lIP e111111:-,,.1.111 1rr'rnw 1uw 1111 11 1111n ---_- 11111:. IVI1 1111111111 IIIIIIII■11111111_ 1 _- ■■ . , 1 !1NN11�_ 11�h :71111 x1111111 1111111 1_IIIII I■:11`1117 Illlllr1111 1111 N1111 = i■■1y1.. —• !IIr IIIII 1I� IIII 11=/11111111 .1111_11111111■IIII III IIII - -■ �S 1111111111111 u111111111111111i 11 ■IIL:r SEE. 11111 IIIII::IIIIIIII= ■ S 111111111/1 111111:- '■- - ■� 1 s 7111117-7�IIII 111111 .II II11:111111 .■ 1111 nN - �1ww r ua�_-IL11■ l■lvl uw 1==linuuls 11111111 mwl- -- ai 1. 1�uw==u111f=u 11 .'1w w 1 uud �rl11111111 - .---_•1111111L 11111111111=111111111111111�I-��-- ......::■- =e■11 11111111—Allis==ur 111 11111-uuule:- -- _ _••••■••• ——■ruin—11111111 .111 s w l+ 1 II IIP 11111111111=____.71-PI11:.111111111=vlllllllll■IIII■__■_ _ • ••••••• —~ — 011111111 11!11111 11�■■ - �� .1 111 111 M- 1lvrrr■11U11au 111 111: :x111 TI1pill - -_______ _ x111 11111111=_ ■ I I II11■ 1111■■111111117 1111111■11111111111-u■,�,5 r1i1 1• -uuullull!1 IIII1111I IIIIIIIIIII lull u: ■1x111111: IIIIIII iw■i17C uNw 1 1r11111IFI IIIJ111! =ww■ IIP1rm1■111x1111 Iluuml 5= 111111�-__ MIL iii 1111111111:111II11= =111111!1 1111111 IIII 111111 IIIII NIINIIN _,N114 •• ■.- -- 'rs= �h■1101111 ■uw 1111 111111 111 uuuw _�■uu ■� uu111■ ■rllp11q 111111= ■IIIII■ 11111 ■ -—__ ■111 11111 111111 I- Ell IIIIIIII111 11111111111 1111111111 . ..I N �111!�IIIIIIII 111111111111111111 III 1111111 .IIII 11111111 u111n vmnlrll IPuu� -•11111111 II:111.111:11111111 x11111111 IIIIIII11!111111111 ::11111 111111 i11NIL7 111111 IIIIIIII frill■r 1111/1/111 1♦ II ■�+■■-- 111■11111 1111 INN 1 111111 1111111111111 E■1LIT_111 1 ■� 1111 ■w 1 .IIu11u1 ouu■ � 57115■■■ 1111111 unu■111w IfNll� �1111111_!Guuulumuw --1 muuuuum■ • = 1 11■■1 Mm i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 2, 2015 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF APRIL 21,2015 SIDEWALK IN-LIEU FEE/712 N.E.3RD STREET BACKGROUND . The subject property, 712 NE 3rd Street is located on the south side of NE 3rd Street. In January 2015, the applicant, Ludlow Traditions Inc. submitted a building permit application (#15-154925) to construct a single family residence. In March 2015, applicant submitted a request for a sidewalk deferral with a preference to participate in the Sidewalk In-Lieu Fee option. The length of the sidewalk is 70'therefore in-lieu fee amount is $2,800 (70'x 5' x $8.00/SF). On March 19th, 2015 Developmental Services Management Group (DSMG) supported the Sidewalk In-Lieu Fee option. The recommendation to accept an in-lieu payment was based on the following criteria: 1) On NE 3rd Street, there are no sidewalks east of Federal Highway as depicted on the sidewalk status map. 2) According to LDR Section 6.1.3 (D) (3) Payment In-Lieu of Installation: In situations where it is inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement may be met by the payment of funds sufficient to install the sidewalk. Such funds shall be escrowed and used, at a later date, for the installation of said sidewalk. 3) On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Upon consideration from City Commission, in-lieu payments were deemed the preferred alternative to sidewalk deferrals. Exhibits provided: A) Location Map B) Email request from Paul Ludlow dated 3/17/15 C) Sidewalk Deferral Status Map DISCUSSION Consider approval of the sidewalk in-lieu payment in the amount of $2,800 and relief of sidewalk installation by owner of 712 NE 3rd Street. TIMING OF THE REQUEST The timing of this request is of high importance because this is one of the items holding up permit issuance. RECOMMENDATION By motion, approve the sidewalk in-lieu payment in the amount of $2,800 and relief of sidewalk installation by owner of 712 NE 3rd Street. -� NE 3rd St 712 NE 3rd St. V `' . 9 I IBC; ■ d Q d Q L i ti ate.+ lIJ 00 Z Vol I r l � I ow M NE 2nd St Mix. - W • ��' 712 NE 3rd Street < In-Lieu Sidewalk Agreement G,s From: Paul Ludlow [mailto:paul(cDludlowtraditions.com] Sent: Tuesday, March 17, 2015 11:43 AM To: Kovner, Isaac Cc: Lugo, Ralph Subject: 712 ne 3rd st - permit number 1500154295 Hi Isaac, We are constructing a new single family residence at the above address. We would prefer not to install a sidewalk and are requesting permission to pay into your road fund (in lieu of the sidewalk)for the following reasons: - There presently is no sidewalk on the entire block - Only two of the 4 lots on the block face third street - The new construction home just west of our property has received approval not to do a sidewalk, so if we were to do one, it would lead to nowhere I understand that you will have to take this to DSMG for final approval. I also understand that there is a form that I need to complete. Please advise me on the schedule and where I can locate the form and/or any other actions I need to take at this time to receive approval. Best Regards, Paul Ludlow 561 945 9033 SIDEWALK STATUS MAP L21 NE 4th St MONOk � a R i z 712 NE 3`d .ri P =14W Ik__3 i St. W=fWax Tl R. 71 RE rd # y !777 I' J1 =` .` A g ! Ira �Vista De}M�t 7E sk, Lu 4 1 1 1 rd" z LA Q Q J+ ,i_li --- 1 NE 2nd St isori►x_ ti _,ass s�� 1 t31►C�E. . z i ' 1"ri ' 1 '�� Li Renaissance Lt, LEGEND PROPOSED SIDEWALK EXISTING SIDEWALK DEFERRED SIDEWALK IN-LIEU OF FEE i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 9, 2015 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF APRIL 21,2015 CHANGE ORDER NO.1/SOUTHEAST GUARDRAIL AND ATTENUATORS/BARWICK ROAD GUARDRAIL BACKGROUND Request City Commission to consider issuing Change Order No. 1 in the amount of $5,300.00 to Southeast Guardrail and Attenuators (SGA) for the installation of 2- additional openings in the Barwick Road Guardrail (Project No. 15-058). On February 24, 2015 City Commission approved a piggyback contract from Palm Beach County (Project No. 201405 1)with SGA for the installation of protective guardrail along Barwick Road. The areas for the 2 additional openings include: 1) Lake Worth Drainage District Canal 2) Residents from Barwick Ranch Estates Change Order No. 1 which details the additional scope of work and project location map is attached. The recommendation for the change order is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(1), "Change Orders, Beyond the Scope of Work". Attachments include: 1) Change Order No. 1 from Southeast Guardrail and Attenuators 2) Location Map DISCUSSION Recommendation for City Commission to consider a Change Order No. 1 in the amount of$5,300 to the contract with Southeast Guardrail and Attenuators for the Barwick Road Guardrail. TIMING OF THE REQUEST The timing of this request is of high importance due to project is nearing completion. FUNDING SOURCE Funding is available after a budget transfer to account number 334-3162-541.65.36. RECOMMENDATION By Motion, approve Change Order No. 1 in the amount of $5,300 to the contract with Southeast Guardrail and Attenuators for the Barwick Road Guardrail. =Iq at Estimate Date Estimate# 4/7/2015 1430 FIB PROJECT CHANGE ORDER REQUEST DESCRIPTION BARWICK RD&LAKE IDA FIN PROJECT NO PIGGYBACK YB COUNTY 2014053 Beach County COUNTY PALM BEACH SWBE Cerfifled CAL DAYS Item Description Qty Unit Price URU Total RE: LAKE NORTH DRAINAGE DISTRICT 1vIA.1N"PENANCE OPENING AND N 1 R&D OLD GUARDRATL 50 2.00 LF 100.00 13 TYPE SKT FLEAT PARALLEL END ANC 2 2,600.00 EA 5,200-00 Quote is good for 30 days Total 55,300.00 Comments The following to be performed by others: Maintenance of Traffic,Miscellaneous Asphalt Patch Work around posts,all Concrete work, Excavation,Backfrill,Shaping,Grading and Dewatering for any End Anchorage Assembly. Cost for any bonds needed are not mcinded in this price. Notes: No material ordered or work scheduled without SIGNED QUOTE AND NOTICE TO OWNER INFO SUBMITTED BY: COMPANY: ACCEPTANCE SIGNATURE: PRINTED SIGNATURE: DATE: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. #1 PROJECT NO. 15-058 DATE: 4/8/15 PROJECT TITLE: Barwick Road Guardrail TO CONTRACTOR: Southeast Guardrail and Attenuators YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Install 2 additional openings in the guardrail as per submitted quote. SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $71,325.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 71,325.00 COST OF CONSTRUCTION CHANGES THIS ORDER $_5.300.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $76,625.00 PERCENT DECREASE/INCREASE THIS CHANGE ORDER 7.4% TOTAL PERCENT DECREASE/INCREASE TO DATE 7.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is,in my considered opinion, accurate and that the prices quoted are fair and reasonable. (Contractor to sign g seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: General Construction Fund Barwick Road 334-3162-541.65-36 DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk 5:5EngAdavn\ProjeUs12 MIS-056 file made 2-23451Barwick Road Guardrail Change Order No.hdoc unrise 4vd I id B1 mow Sabal Lakes-Rd N Ma no is C i r c� Barwick Ranch Estates aure woo as as es Rd agno is Sea rap a it LWDD CANAL L-31 L - 6� F�a 90 Country Manors Blvd --- _ o Z Lake-Ida-Rd � F\T i Barwick Rd . Location Map T Barwick Ranch Estates and LWDD Canal L-31 s"—Gs,P�—.- Y- i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 23, 2015 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF APRIL 21,2015 CONTRACT CLOSEOUT(CHANGE ORDER NO. 1/FINAL)ARBOR TREE&LAND,INC. BACKGROUND Consider a recommendation to approve a contract closeout (Change Order No. 1/Final) in the deductive amount of$31,836.95, and final payment in the amount of$4,565.40, to Arbor Tree & Land, Inc., for completion of the Drainage Swales FY13 Project, P/N 13-043. On May 6, 2014, Commission approved a bid award (Bid #2014-21) in the amount of$123,145.00 to Arbor Tree &Land, Inc., for the construction of the Drainage Swales FYI Project. The project scope of work consisted of the construction of 6" deep roadside swales for the following streets: - N Swinton Ave: From SW 4th Street to SW 10th Street - Rainberry Woods Neighborhood Streets: NW 48th Ct.,NW 5th Ct.,NW 6th Ct. and NW 5th St. - Lake Ida Neighborhood Streets: NW 14th St., Pine Lane and Dale Lane The project consisted of improving drainage, by allowing the percolation of storm water; and improving the aesthetic quality of the neighborhood. The scope of work included the following improvements: clearing and grubbing, roadside swales grading, sodding, and the implementation of associated maintenance of traffic at several places throughout the above streets. Change Order No. 1/Final, in the net contract reduction amount of$31,836.95, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. CO#1/Final and a location map are attached for your reference. CO #1/Final is in compliance with Code of Ordinance Section 36.06 Change Orders (A)(2) Within the Scope of Work. After final payment in the amount of$4,565.40 is made, residual funds, in the amount of$31,836.95, will be liquidated from Purchase Order#699644 to funding Account#448-5461-538-46.43. Attachments include: 1) Change Order No. 1 / Schedule "A" 2) Location Map DISCUSSION Consider approval of a Contract Closeout (CO#1/Final) in the net contract savings amount of $31,836.95, and approval of final payment, in the amount of$4,565.40, to Arbor Tree & Land, Inc., for completion of the Drainage Swales FY13 Project, P/N 13-043. TIMING OF THE REQUEST This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. RECOMMENDATION By motion, approve a Contract Closeout (Change Order No. 1/Final) to Arbor Tree & Land, Inc., in the net contract savings amount of$31,836.95; and by motion approve a final payment, in the amount of $4,565.40, to Arbor Tree & Land, Inc., for completion of the Drainage Swales FY13 Project, P/N 13- 043. 1p °-lit o170i wk �`- r• � �1� � � �� � � �•��� � I i ��pf� 'fib �� i � i � ' `' � � �� I x,19 ft� ALL NO - W-4 21 mon • ,i v-'- "•� _ `,' III`++9■It� t Irrl - ,� -,� 'r4 � j ■r- Ceti �' ..!il�' li.. � s ■ ����C+' ��Sri:: � r G Ru im LAI ON LIM i�i::✓�_� 1 /qtr"C.�' i imI� .,� ;', - � - A' 1.■ , u.� � _� MIMU �' r• l � 1 . ...ter. .�.... �. � ��: r� �■. •� Ir �• r _ ��.l 5 k •I P 2013-043 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final(Contract Closeout) PROJECT NO. 13-043 DATE: PROJECT TITLE: Drainage Swales FY13 TO CONTRACTOR: Arbor Tree and Land,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $123,145.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $123,145.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($31,836.95) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $91,308.05 PERCENT DECREASE THIS CHANGE ORDER -25.85% TOTAL PERCENT DECREASE TO DATE -25.85% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Arbor Tree&Landscape,Inc. (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A -No Funding is Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D.Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk S:\EngAdmin\Projects\2013\13-043 file made 5-13-14\OFFICIAL\Agenda Backup C0#1 Contract Closeout Arbor Tree&Land GC 042115\C01 Final Arbor Tree&Land Drain Swales FY 13 GC 042115.docx SCHEDULE"A" TO CHANGE ORDER NO.1/FINAL(CONTRACT CLOSEOUT) ARBOR TREE&LAND,INC. DRAINAGE SWALES FY-13 - PROJECT NUMBER 13-043 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST. ACTUAL EXTENDED QUANTADJ. Qom, UNIT PRICE TOTAL Qom, UNIT PRICE TOTAL +�- PRICE 1 Mobilization/Demobilization LS 1 $ 10,000.00 $ 10,000.00 1 $ 10,000.00 $ 10,000.00 $ 2 Maintenance of Traffic LS 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 $ 3,000.00 $ 3 Clearing&Grubbing LS 1 $ 9,000.00 $ 9,000.00 1 $ 9,000.00 $ 9,000.00 $ 4 Swales Grading SY 14,700 $ 2.65 $ 38,955.00 12,243.00 $ 2.65 $ 32,443.95 $ (6,511.05) 5 Sodding SY 14,700 $ 2.50 $ 36,750.00 12,219.00 $ 2.50 $ 30,547.50 $ (6,202.50) 6 Special Sod SY 220 $ 4.00 $ 880.00 24 $ 4.00 $ 96.00 $ (784.00) 7 Pavement Removal SY 250 $ 2.20 $ 550.00 98 $ 2.20 $ 215.60 $ (334.40) 8 Right-of-Way Staking Survey LS 1 1 $ 3,500.00 $ 3,500.00 1 $ 3,500.00 $ 3,500.00 $ 9 1 Landscaping Allowance LS 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ - $ (5,000.00) 10 Utility Allowance LS 1 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ - $ (3,000.00) Irrigation Repair Allowance-Cost for irrigation 11 repairs associated with the project. Approved by ESD LS 1 $ 2,000.00 $ 2,000.00 1 $ 2,000.00 $ 2,000.00 $ Director 01/28/15. 12 Video Allowance LS 1 $ 500.00 $ 500.00 1 $ 500.00 $ 495.00 $ (5.00) 13 Contingency Allowance LS 1 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ $ (10,000.00) 14 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ TOTAL ORIGINAL CONTRACT AWARD $123,145.00 $91,308.05 $ (31,836.95) Original Contract Award $123,145.00 Previously Approved Changes $0.00 Total Award/Approved to Date $123,145.00 CHANGE ORDER NO. 1 /FINAL $ (31,836.95) Final Contract to Date $91,308.05 Payments to Date $86,742.65 FINAL PAYMENT $4,565.40 Page 1 of 1 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 30, 2015 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF APRIL 21,2015 CONTRACT CLOSEOUT(CHANGE ORDER NO. 1/FINAL)B&B UNDERGROUND CONTRACTORS,INC. BACKGROUND Consider a recommendation to approve a Contract Closeout (Change Order No. 1/Final) and final payment, in the amount of $32,204.62, B&B Underground Contractors, Inc., for completion of the Delray Shores Water Main Project#13-028. On April 1, 2014, Commission approved a bid award (Bid #2014-17) in the amount of$727,866.00 to B&B Underground Contractors, Inc., for the construction of the Delray Shores WM Project. The project scope of work consisted of the construction of 6" water main, water services, fire hydrants; and roadside swale grading and sodding. The scope also included: clearing and grubbing, maintenance of traffic, asphalt trench repair and driveway apron removal/replacement. The Delray Shores neighborhood is part of the City's 2"water main upgrade program. Change Order No. 1/Final, in the net contract reduction amount of$91,943.62, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. CO#1/Final and a location map are attached for your reference. CO #1/Final is in compliance with Ordinance No. 29-13, Chapter 36, Section 36.06 Change Orders (A) (2)Within the Scope of Work. After final payment in the amount of$32,204.62 is made, residual funds, in the amount of$91,943.62, will be liquidated from Purchase Order#698869 to funding Account#442-5178-536-68.93. DISCUSSION The item before City Commission is approval of a Contract Closeout (CO#1)/Final) in the net contract savings amount of $91,943.62, and approval of final payment, in the amount of $32,204.62, to B&B Underground Contractors, Inc., for completion of the Delray Shores WM Project#13-028. TIMING OF THE REQUEST This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. FUNDING SOURCE N/A RECOMMENDATION By motion approve a Contract Closeout (Change Order No. 1/Final) to B&B Underground Contractors, Inc., in the net contract savings amount of $91,943.62; by motion approve a final payment, in the amount of $32,204.62, to B&B Underground Contractors, Inc., for completion of the Delray Shores Water Main Project#13-028. z Q N.W. 72TW z DTH ST. 0 z o z N n z � LW, 91H ST. z N,W, 10TH PL, N,W, 10TH ST. m z � OVA ST / s N.W. 9TH ST. cK <N 2 Z o �� � D z N � D � 17G� z � N,W, 7TH CT. z Z L A K E I D A o / 0 T DRIVE o a � cl) R E DRIVE a J� Aye CD N WO c RTF2 90 O l o 0� o Q OR ON �AY 0 0 CANAL L-32 0 L -LIRA C I I C E N H BISHOP DR w CD 0 w r o Q � Qf C co w N DR, CARot KROT WA GA TE w o w Y o u v w Q POINSETTIA BLVD, o= w �� dog CI ®f DELRAY BEACH DELRAY SHORES WM DATE:a3/1o/2014 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP LOCMAP 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 2013-028 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final(Contract Closeout) PROJECT NO. 13-028 DATE: PROJECT TITLE: Delray Shores Water Main TO CONTRACTOR: B&B Underground Contractors,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $727,866.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $727,866.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($91,943.62) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $635,922.38 PERCENT DECREASE THIS CHANGE ORDER -12.63% TOTAL PERCENT DECREASE TO DATE -12.63% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. B&B Underground Contractors,Inc. (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A -No Funding is Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D.Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk S:\EngAdmin\Projects\2013\13-028 made file\OFFICIAL\Agenda Backup CO#1Final B&B Underground GC 042115\COI Final B&B Underground Delray Shores WM GC 042115.docx SCHEDULE"A" TO CHANGE ORDER NO.1/FINAL(CONTRACT CLOSEOUT) B&B UNDERGROUND CONTRACTORS,INC. DELRAY SHORES WM - PROJECT NUMBER 13-028 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST. ACTUAL EXTENDED QUANTADJ. Qom, UNIT PRICE TOTAL QTY UNIT PRICE TOTAL PRICE +/- GENERAL C ONDTTIONS I Site Mobilization/Demobilization LS 1 $30,000.00 $ 30,000.00 1 $30,000.00 $ 30,000.00 $ 2 1 Maintenance of Traffic LS 1 $ 4,000.00 $ 4,000.00 1 1 $ 4,000.00 $ 4,000.00 $ 3 As-Built Record Drawings LS 1 $10,000.00 $ 10,000.00 1 $10,000.00 $ 10,000.00 $ 4 NPDES Permit/Erosion Protection Measures LS 1 $ 6,000.00 $ 6,000.00 1 $ 6,000.00 $ 6,000.00 $ 5 Professional Video&Construction Photographs LS 1 $ 1,600.00 $ 1,600.00 1 $ 1,600.00 $ 1,600.00 $ 6 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ POTABLE WATER MAIN 7 6"DIP CL350 WM Restraint Joint LF 1,235 $ 43.00 $ 53,105.00 1,234.00 $ 43.00 $ 53,062.00 $ (43.00) 8 6"DIP(CL350)WM Push-on Joint LF 3,175 $ 42.00 $ 133,350.00 3,162.00 $ 42.00 $ 132,804.00 $ (546.00) 9 1 6"x 6"Tapping Sleeve&6"Gate Valve EA 5 $ 3,025.00 $ 15,125.00 4 $ 3,025.00 $ 12,100.00 $ (3,025.00) 10 6"Gate Valve EA 13 $ 1,100.00 $ 14,300.00 1 13 $ 1,100.00 $ 14,300.00 $ 11 Fire Hydrant Assembly EA 9 $ 3,450.00 $ 31,050.00 9 $ 3,450.00 $ 31,050.00 $ 12 Remove Existing Fire Hydrant Assembly EA 3 $ 600.00 $ 1,800.00 2 $ 600.00 $ 1,200.00 $ (600.00) 13 6"Water Main Stub-out(Sta.73+57) LS 1 $ 2,450.00 $ 2,450.00 1 $ 2,450.00 $ 2,450.00 $ 14 6"Water Main Stub-out(Sta.76+56) LS 1 $ 2,450.00 $ 2,450.00 1 $ 2,450.00 $ 2,450.00 $ 15 6"DIP Compact Fittings(Cement Lined) TONS 3.5 $ 6,000.00 $ 21,000.00 3.40 $ 6,000.00 $ 20,400.00 $ (600.00) 16 2"Single Water Service EA 8 $ 1,400.00 $ 11,200.00 7 $ 1,400.00 $ 9,800.00 $ (1,400.00) 17 2"Double Water Service EA 37 $ 2,000.00 $ 74,000.00 38 $ 2,000.00 $ 76,000.00 $ 2,000.00 18 Connect to EAsting 2"WM(Dwg.C-1 7) LS 1 $ 1,950.00 $ 1,950.00 1 1 $ 1,950.00 $ 1,950.00 $ 19 Sample Point EA 7 $ 250.00 $ 1,750.00 7 $ 250.00 $ 1,750.00 $ 20 Fill&Flush Assembly EA 7 $ 2,000.00 $ 14,000.00 5 $ 2,000.00 $ 10,000.00 $ (4,000.00) 21 6"Line Stop EA 3 $ 2,800.00 $ 8,400.00 4 $ 2,800.00 $ 11,200.00 $ 2,800.00 22 Remove Existing 2"WM,incl.Plus LF 2,912 $ 8.00 $ 23,296.00 1,967.00 $ 8.00 $ 15,736.00 $ (7,560.00) 23 Grout Exist.2"WM,incl.Plugs LF 145 $ 4.00 $ 580.00 125 $ 4.00 $ 500.00 $ (80.00) 24 Concrete Thrust Blocks @ Plugs EA 4 $ 400.00 $ 1,600.00 4 $ 400.00 $ 1,600.00 $ 25 1 Sewer Lateral Repair/Adjustment EA 10 $ 1,900.00 $ 19,000.00 4 $ 1,900.00 $ 7,600.00 $ (11,400.00) 26 Open Cut Pavement Trench Repair LF 160 $ 60.00 $ 9,600.00 175 $ 60.00 $ 10,500.00 $ 900.00 27 Swales SF 63,000 $ 0.70 $ 44,100.00 49,081.00 $ 0.70 $ 34,356.70 $ (9,743.30) 28 Asphalt Driveway Repair SF 3,953 $ 5.00 $ 19,765.00 499 $ 5.00 $ 2,495.00 $ (17,270.00) 29 Concrete Driveway Repair SF 10,000 $ 5.00 $ 50,000.00 10,286.13 $ 5.00 $ 51,430.65 $ 1,430.65 30 Painted/Stamped Concrete Driveway Repair SF 1,500 $ 13.00 $ 19,500.00 981 $ 13.00 $ 12,753.00 $ (6,747.00) 31 Brick Driveway Repair SF 400 $ 8.00 $ 3,200.00 0 $ 8.00 $ $ (3,200.00) 32 Remove Existing Driveway&Replace w/Sod SF 300 $ 4.50 $ 1,350.00 300 $ 4.50 $ 1,350.00 $ 33 1 T Wide Concrete Sidewalk Restoration(4"thick) LF 165 $ 15.00 $ 2,475.00 1 30 $ 15.00 $ 450.00 $ (2,025.00) 34 T Wide Concrete Sidewalk Restoration(6"thick) LF 75 $ 20.00 $ 1,500.00 27 1$ 20.00 $ 540.00 $ (960.00) 35 Header Curb LF 45 $ 30.00 $ 1,350.00 62 $ 30.00 $ 1,860.00 $ 510.00 36 Flowable Fill CY 25 $ 150.00 $ 3,750.00 0 $ 150.00 $ $ (3,750.00) 37 Clearing and Grubbing LS 1 1 $40,000.00 $ 40,000.00 1 $40,000.00 $ 40,000.00 $ 38 Grout Existing 6"WM,incl.Plugs LF 1,340 $ 9.00 $ 12,060.00 1,291.67 $ 9.00 $ 11,625.03 $ (434.97) 39 Install Restrained Joints on Existing WM LS 1 $ 2,200.00 $ 2,200.00 1 $ 2,200.00 $ 2,200.00 $ ALLOWANCES $ $ $ $ 40 1 Undefined Underground Allowance LS 1 $35,000.00 $ 35,000.00 11 0.2514 $35,000.00 $ 8,800.00 TOTAL ORIGINAL CONTRACT AWARD $727,866.00 $635,922.38 $ (91,943.62) Original Contract Award $727,866.00 Previously Approved Changes $0.00 Total Award/Approved to Date $727,866.00 CHANGE ORDER NO. 1 /FINAL $ (91,943.62) Final Contract to Date $635,922.38 Payments to Date $603,717.76 FINAL PAYMENT $32,204.62 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Kristina Maricic,Administrative Officer Jeffrey S. Goldman,Police Chief THROUGH: Donald Cooper, City Manager DATE: April 3,2015 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF APRIL 21,2015 CONTRACT EXTENSIONBECK'S TOWING&RECOVERY INC. BACKGROUND The Police Department is requesting approval to extend contract with Beck's Towing & Recovery, Inc. for wrecker/towing services for up to six (6) months. Current contract's expiration date was January 31, 2015. The City Manager approved a ninety (90) day contract extension on January 28, 2015 which extended the contract through May 1, 2015. The extension was requested because the RFP for the wrecker/towing services was in the process of being completed,with a projected bid opening sometimes in March. Since the extension, the RFP process has been delayed due to the addition of the Community Improvement towing contract. Per City's Code of Ordinances, Section 36.07 (A)(2)the extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. DISCUSSION The Police Department seeks approval to extend the current contract with Becks Towing & Recovery, Inc. for up to six (6) months, not to extend beyond November 1, 2015, to allow for completion of the RFP currently in process for wrecker/towing services. The new RFP will include towing services for the Police Department and Community Improvement. OPERATING COST Current FY spending with Beck's Towing & Recovery services is at $12,051.40. Total FY 13/14 year spending was $21,777.01. The operating cost is based on number of tows and services provided. TIMING OF THE REQUEST The request is time sensitive. FUNDING SOURCE 001-2115-521-52.23 RECOMMENDATION Motion to approve contract extension with Beck's Towing & Recovery, Inc. for up to six (6)months for wrecker/towing services for the Police Department. TY OF DIELRAY BEACH RUMP NO. 2009-06 is WRECKERNOWNG SLEEWCES FOR PO U C EE D E PA RTM E Nf-T IER M CO NITR- ACT-REEE-B I D Mayor Rita Ellis Vice Mayor Woodie McDuffie Deputy Vice Mayor Gary P. Ellopoulos Commissioner Fred B. Fetzer Commissioner Mackenson Bernard City Manager David T. Harden Purchasing Department 100 N.W. I st Avenue, Delray Beach, FL 33444 (561) 243-716117163 FAX#(561)243-7166 Proposd for RF P 2009®0 Title. Request for Proposals w Wrecker/Towing Services for Police Department - Term contract Rebid Date of Bid Opening: Deco 15 ,2008 @10 0 00 a Beck's Towing & Recovery Inc. 410 ME, 5th Avenue Boynton Beach, A 33435 561 -369-1 096 CITY OF DELRAY BEACH REQUEST FOR PROPOSALS PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-7161 /(661) 243-7163 Fax: (561) 243-7166 RFP #: 2009-06 DATE: November 17, 2008 TITLE: Request for Proposals — Wrecker/Towing Services for Police Department- Term Contract-Rebid PROPOSALS MUST BE RECEIVED ON OR BEFORE: Monday, December 15, 2008 @ 10:00 A.M. at which time all bids will be publicly opened and read. Request For Proposals Request for Proposals, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda a,,d/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for Monday, December 01, 2008 at 10:00 A.M located at City Hall— 1St Floor Conference Room, 100 N.W. 1s'Avenue, Delray Beach, FL. 33444. All interested bidders are required to attend and be prepared to ask questions. _ SEALED BIDS: Proposals will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty(60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission, AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 14 of General Conditions. .GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SUBMISSION AND RECEIPT OF BIDS: A. Proposals, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Proposals having any erasures or corrections MUST be initialed by bidder in ink- Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All proposals MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. 4. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new_ The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 6. ACCEPTANCE: .The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. RFQ 2009-06 REBID 2 7. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 8. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 9. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 10. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 11 SIGNED PROPOSAL CONSIDERED AN OFFER: This signed proposal shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 12. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License within 10 business days of the notice of award. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See the Insurance Requirements contained in this RFP_ A"sample"certificate has been attached. 13. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. RFQ 2009-06 REBID 3 14. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non- conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum_ 15. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. a5-6012621559C-4 appears on each purchase order. 16. FAILURE TO BID: If you do not bid, return "Statement of No I3id Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 17. EXCEPTIONS TO CONDITIONS Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 'Q RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, THREE (3) consecutive term(s)of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 19. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, oc equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 20. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or S. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent(10) or more in the bidder's firm or any of it's branches. RFQ 2009-06 REBID 4 21. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termina#ion; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 4 22. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. RFQ 2009-06 REBID 5 STANDARD FORM OF AGREEMENT BETWEEN CITY AND FOR WRECKER/TOWING SE VICES FOR THE POLICE DEPT. RFP #2609-06 THIS AGREEMENT made this day ofl\k , 206\, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) (hereinafter called CONTRACTOR). WITNESSETH: 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 PAGE NUMBERS RFP cover sheet and General Conditions 1 -5 Standard Form of Agreement 6 -8 Corporate Acknowledgment 9 Certificate 10 _ Insurance Requirements 11 - 12 Sample Insurance Form 13- 15 Drug Free Work Place Certification 16 Specifications 17-28 Proposal (Schedule of Pricing) 29- 30 Bid Signature Page 31 Statement of No Bid 32 References 33 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date provided by the City. 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, ida. RFQ 2009-06 REBID 6 6. All notices, requests, demands, and other given if personally delivered or mailed, ;rtified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: f "A CC- { -b! 126 . 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 )NTRACTOR 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 Request for Proposal. 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 RFQ 2009-06 REBID 7 -nainst the CITY for the infringement of any and all patents or patent rights claimed by any person, ,n, 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 work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's 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: C14I OF DEL RkY BEACH, FL 1 D W By: City Clerk NELSON S. MCDUFFIE, I XOR Approved as to form/ City Attorney r WITNES - "s I CONT 01 BY: or type name and title) (Print or type name and title) RFQ 2009-06 REBID 8 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of ���l7 uC_ I The foregoing instrument was acknowledged before me this day of btf C x , 20 0Ci, byAf t L�� (name of officer or agent, title of officer or agent), of �ct 5 (state or place of incorporation)corppration, on behalf of the corporation. He/She is ersonally known to me)'(or has produced identification)-and has used his/her (type of identification) as identification. Signature of Person Taking Acknowled ment FFWOonded BRANDS COCK MY COMMISSION#DD 755801 EXPIRES:June 6,2012 ThW HOWY Public underwriters Namel AcKnowl ger 17pacl, Printed or Stamped RFQ 2009-06 REBID 9 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) } REBY CERTIFY that a meeting of the Board of Directors of S r - gxzJEH I X,, a corporation under the laws of the State of Fto1\1 A, held on Elf ` � _ , 202,:�- the following resolution was duly passed and adopted- "RESOLVED", that , as ., s rD� 'T President of the corporation, she is hereby authorized to execute the Agreement dated E f 6 _ 2 -1) , 20;� between the City of Delray Beach, Florida and this corporation, and that his a ex cution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". i ,arther 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 y,r , 2000, (Secretary) (Seal) RFQ 2009-06 REBID 10 ACORI] CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMfDDfYY) - YYSECE{5-1 02 23 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON.THE CERTIFICATE Chase Insulrance Agency Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 17497 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW antatioln FL 33318-7497 Phone: 954-792-4300 Fax:954-791-9344 INSURERS AFFORDING COVERAGE I NAIC# INSURED INSURER A: State National Ins Co Inc 12831 INSURERS, Canal Insurance Company. .........,I.,-10464,,,,,_._,._. Beck's Towing & Recovezy Inc INSURER C, I . 410 NE 5th Avenue .INSURER a. Boynton Beach FL 33435 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ECTVE LTR NSR I TYPE OF INSURANCE POLICY NUMBER DATE MAllDD[Y7 ' BATE MMlDDfYY LIMITS 'GENERAL LIABILITY 'EACH OCCURRENCE i$1,000,000 .......... A X X eomMF etaLCENEiRALDAHILITr TIP-D01952 II 08/03/08 08J03/09 PREMIS T`7 iSS1100,000 i --- CLAIMS MADE 13G i OCCUR I .MED EXP(Any one person] 155,000 PERSONAL&ADV INJURY 5 1,OOO,OOO GENERAL AGGREGATE �$2,000,000 GENL AGGREGATE LIMIT APPLIES PER: I PRUDUCTS GOMPfOPAGG 1$2,000,000 ){ I POLICY I j� LOC I i - AUTOMOBILE L1ABIU7Y COM61N®SINGLE UMIT A X ANYAUTO TIP-001952 08/03/08 08/03/09 (Eaaccdent) 1,000,000 ALL OWNED AUTOS BODILY INJURY ;5 X SCHEDULEDAUT05 (Per person) i X HIREDAUTOS BODILY INJURY S X NON-CANNE0AUTOS (Per accident) PROPERTY DAMAGE 5 (Per accident) I GARAGE LIABILITY AUTO ONLY-EA AGCIDFt rr S I ANY AUTO I I OTHERTHAN EA ACC S AUTO ONLY: AGG S `EXCESSIUMBRELLALIABILITY I-EACHOCGURRENCE 5 OCCUR CLAIMS MADE I AGGREGATE Is — - t S DEDUCTIBLE I RETENTION $ $VL�WORKERS GOMPENSATTON AND ! TORY LIMITS ER EMPLOYERS'LIABILITY i i----- ... ....... .... ..-_ ......_ .. .. ............... B ANY PROPRtETOWPARTNER]EXECL(TIYE WCII09156 11/24/08 11/24/09 f E.L.EACH ACCIDENT $100,000 _13FFJCERMEMBEII EXCLUDED? I f 1 E.L DIS SE-EAEMPLOYE $I00,000 If yes,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMrr s 504,000 OTHER A ON HOOK & CARGO TIP-001952 08/03/08 06/03/09 $1000 DED VARIES A I GARAGEKEEPER$ TIP-001952 1 08/03/08 06/03/09 $500 DED $150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS THIS CERTIFICATE IS ISSUED AS REQUIRED BY CONTRACT RFP-2009-06. CERTIFICATE HOLDER IS HAWED AS AN ADDITIONAL INSURED. SEE ATTACHED V RICLE SCHEDULE FOR ON-HOOK AND CARGO LT14IaTS. CERTIFICATE HOLDER CANCELLATION DELRB01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WLL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF DELRA Y BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY HALL 100 NW 1ST AVENUE IMPOSE NO09Lli3ATlONORLIABIUTYOFANYKINDUPONTHEINSURER ITS AGENTS GR DELRAY BEACH FL 33444 REPRESENTATIVES. aIJT I EPAE TIV€ ACORD 25(2001108) 0 ACORD CORPORATION 1988 INSURANCE REQUiRETVMNTS 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 below. COVERAGE Except as otherwise stated,the amounts and types of insurance shall conform to the following minimum requirements: Commercial General Liability.Insurance: Shall be provided and maintained on the most current LSO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent contractors, contractual (indemnification) agreements, products and completed operations, liquor liability, personal injury to include libel or slander, and XCU exposures as required by the work to be,performed under this Contract, unless waived by the City. The combined bodily injury and property damage limits shall not be less than$1,000,000 per occurrence with an annual aggregate of$2,000,000. Excess insurance may be provided and maintained to satisfy this insurance requirement. Contractor will notify the City if incurred losses covered by this insurance exceeds 75%of the annual aggregate li€nit. Automobile LiabilLV Insurance: Shall be maintained in accordance with the Iaws of the State of Florida to cover the ownership, maintenance and/or use of all owned, non-owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $500,000 per occurrence. Excess insurance may be provided and maintained to satisfy this insurance requirement. Workers' Compensation Insurance: Shall be provided and maintained in accordance with Statutory Requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on-the-job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be. no less than $100,000 each accident, and an occupational disease limit of $100,000 per omployee/$500,000 aggregate. MOTE: If any of the contracted work will occur over,near or contiguous to any navigable bodies of water, this insurance coverage shall be endorsed as per the US Longshore and IJarbdr Workers'Act and Merchant Marine Act(Jones Act). Additional Insured: The City of Delray Beach shall be included as an additional insured by way of the most current ISO endorsement,or its equivalent,on the contractor's liability insurance policies required under this Contract. Evidence of Insurance: Prior to the commencement by Contractor or subcontractor of any work under this Contract,the City must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the City. Renewal Certificates shall be provided to the City at least ten (10)days prior to the expiration of any policy. If at any time the Contractor fails to maintain,or provide evidence of insurance coverage required by this Contract, all work may be halted by the City. The City, at its option, may procure and maintain such required insurance and demand from Contractor reimbursement of premiums paid, including reasonable interest until the reimbursement is recovered from the Contractor by the City. RFQ 2009-06 REBID I I Cancellation/Changes/Renewal: At least thirty(30) days writteu notice most be given to the City of any cancellation, intent to.non-renew,or material reduction or change in insurance coverage. Waiver of Subrogation: The Contractor and it's insurer(s)waive all rights of subrogation against the City, its employees, officers, directors and agents for the recovery of damages to the extent such damages are covered under any of the City's general liability, automobile liability, excess liability or property insurance and self-insurance programs. The City must be notified if insurer(s)will not so endorse their policy(s). Primary Policies: The Contractor's insurance will bs primary to the City's insurances or self insurance programs. RFQ 2009-06 REBID 12 MODDCER Tws CEawicATE IS ISSUED AS A MATTER OF INFORMA,'TION ONLY AND CONFERS NO RIGHTS UPON THE GEPTIFICATE HOLDEM THIS CERT15ICATE VMS NOT AMEND EnEND OP. ALTER THE COVEIRAGE AFFORDED DY THE P006ES SELOUV. INSURERS AFFORDING COVERAGE NAIL# 7kiSU>tED 4�#SUREHA: INSURER _ ]N&UiFiFRC _ _. (MMER tk INMRZER E COVERAGES THE POLICIES OF INSURMICELISTED BELOW HAVE 13EFN ISSUED TO THE INSURED UWED ADOVV FOR THE POI-ICY PERIOD IPlMATE?.NOTWITHSTANDIM ANY REQUIREMENT,TERM OR CONDITION OF ANY GtJN RACT OR OTHER DOWWNT WITH RESPECT"TO MIDI THIS CM-11FICATE MAY BE ISSUED OR MAY PEUAIN,THE WSURANCE AFFORDED EIYTHE POLICES DESCRMED HEREIN IS SUEQEG7 TO ALL THE 7EWS,EXCLUSIONS AND CONDRIONS OF SUCH POUCIE$.AGGRECATE LIMIT$SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rNSFi POLICY M[}LraFR PaLl"E ECTNH 6�CLIr-ynxPPSA.QTI rtE.FrERAC t]AS W iV EACif OCCURgEFI&E CCN4WERCi4t tST7�`ER/U_LIA�7SITY GTAMMADE Ll OMR MFDEXP ono me PE#t8C#1P1.8ADVUMY $ GEWURAL AQOFMkTE $ - (3'EfJL.AQCifie4ATE[JnR1'APPL!£SPEfi: PRODUM-COW1OPAGG POL€G'Y F-Isga- AVY0MOSILRUMNUV CO 4MLIMT S AKYAUTO ALL DV1=AUTW � =MDVLP0ALrr68 $ RnEDAVTOS BOTNLY Ir1P1RY ' NONAtYNEDA=* ¢TOraeel)eni} $ P1110 PERTY�aVA4G0 $ GBLfA$n.T1Y AMOKY-UAACCIA'EW $ p0 FAkO S AHYAUTCF AUY&% ACC EX�CESSlV7.lBREILLAtfABfl_k1Y - L°ACHTOCCUARENCE OO UR aAXh4S Al#DE A%WEOATH S S DEDUCM5 5 REfEPrIr©N S TA 6 TAICrRKERSCGI�PF,YFUATFONAFFD - &PAP4AYERS't..9.48ArLEY 9LVACRAC('b7EW S ANYFTii0P9£TOFWARTNEFVE SEOUrNE OFFFICERNEWER EXaUDEYF EL,Dt9EASl:-EAEMPLOYEE 3f' 4d aVt91ONS DaDow L°-1l3fBEA -pGt3CV lJfr�T piTFEft s}E6GRG'TtDN OF Of'BHA710N61LOCRT70FkSf NFSIiCLES!EXCLy B OUSADDED BYENI)ORSkkSUM WKIAt FROYlgMS Tbis certificate is issued as required by Contract. (identify contract), Certificate holder is named as an additional. insured. CERTIFICATE HOLDER GARIMLATION SH011 1DAHYCP71EA961tEDE84'I4JBERPDCICIEBS$CANCECEkD9PP4kE77[s�'iFtAYiOl1 F� 7 pp rte* DATE.TF F,THE tooLwu Dr8UR9t WILL wAWEAVUR TO WIL-VAY'8 FYRFT'TEH c u ¢ or D RAe BEACH NOTMToTHeceKT aAw HOLDER NA)MOTOTM"W,BUT FtuUME TOW WWALL CFTV HALL Wi-M No OSLVAT#OH OR LLMM-nY OF ANY IGND WQH THE lftMUFXF4 rM AGEM OR 100 A W �3T AV E U M E aeruESe:rFraTr+res, AUTrIOIilT�Et1 REF'RESGFFTATPdE ACORD 25(2001108) QACORD CORPORATION 4988 RFQ 2009-06 REBID 13 If the c�t`tlfioate Wdef Is an ADINTICNAL Wi,1RED, the pofcyflesj mud be endars,,,f. A statement ore fhls codfibate does not confer righfs to tha certificate hoidef In Gft of such end=Gmant(s), if SUBROGA11ON IS WAIVED. subJect to ft terms and ould cons of the poacY, aertat>; POW" may mquiro are endorsement A statarnant on this Cetttlicate Aces not confer rights to fine r erflfinate holder in lieu of such endarsemnt(s). DISCLAIMER The Certiftcate of Iresuranw eta the ravma side of INrl. forme dog not constiteate o Wrlttart betwaen the issutnq Iresurer(s), "odud repr ritathre of producer, and the certifoste ¢solder•, nor does it aftim�sftvety or ru*atfveiy amend, eAMd or slier Um ccrvG'aga sfI'ofded by the poiicfes fisted tharoom (BACK) RFQ 2004-06 REBID 14 POLICY NUMBER-' COMMERCIAL GENERA!.LIABILITY CG 20 26 OT 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modlties insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured persons Or Or anization s information requlred to com fete this Schedule if not shown above wl be shown In the Declarations. _ Section !! —Who Is An Insured Is amended to In- dude as an additional insured the person(s)or organ l- zadon(s)shown in the Schedule,but only with respect to IlabpXy for "bodily injury", "property damage" or "personal and advertising Injury" caused,in whofe or In part, by your acts or ornIssions or the axis or amis- slons of those aang on your behalf: A. in the performance of your ongoirig operations;or g. in connection with your premises owned by or rented to you. RFQ 2009-06 REBID 15 DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have 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. 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 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 section. , lovlrirv- +- k-ecoveJ 1 V S f &It ReC L Contractor's Name Signature RFQ 2009-06 REBID 16 [ITM IF iELAAY IEp[H POLICE DEPARTMENT TO: Donald Cooper, City Manager FROM: Kristina Maricic, Administrative Officerxm. THROUGH: Jeffrey S. Goldman, Police Chief Il SUBJECT: 90 day Extension Request DATE: January 24, 2016 The Police Department is requesting an approval of a 90 day contract extension of Beck's Towing and Recovery, Inc. (RFP#2009-06 Wrecker/Towing Services). The current contract expires on January 31, 2015. The 90-day extension would expire on May 1, 2015. The new RFP is in process with the expected bid opening in March. The City Attorney has also recommended the 90 day extension. Purchasing Authority Per ORDINANCE NO. 29-13, Sec. 36.07, (A)(2) Extensions. The City may extend a City Commission approved contract for up to 90 days. The extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subj t to later ratification by the City Commission. la,1�41Z t:1 6t � lr- 71 PuV asing Date onald Cooper, City Manager Date Cc: Noel Pfeffer, City Attorney i MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Delray Beach Police Department DATE: April 3, 2015 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF APRIL 21,2015 MUTUAL AID AGREEMENT/MULTI-AGENCY TRANSPORTATION THEFT TASK FORCE BACKGROUND This is a Mutual Aid Agreement between the Florida Department of Law Enforcement and the Delray Beach Police Department and multiple agencies throughout Broward, Miami-Dade and Palm Beach Counties to combat racketeering activity, theft and related criminal violations involving Florida Statute Chapters 895 and 812 and to disrupt persons and organizations engaged in such activity in compliance with the Florida Mutual Aid Act., Florida Statute 23. The Task Force will place emphasis on targeting such violators who commit criminal acts in multiple jurisdictions, or whose singular criminal episode involves investigative activity in multiple jurisdictions. The Task Force may also refer investigative leads and intelligence to other Federal, State and local law enforcement authorities as authorized by the Task Force Operations. Other than the officer's participation, there is no additional cost to the City. The Mutual Aid Agreement will terminate on September 30, 2015, unless cancelled by either parry in writing prior to that date. RECOMMENDATION The Police Department recommends approval. SOUTHEAST FLORIDA TRANSPORTATION RELATED THEFT TASK FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WHEREAS, the below subscribed law enforcement agencies have joined together in a task force (hereinafter referred to as the "Transportation Related Theft Task Force" or `Task Force') in furtherance of their respective duties under law with the intent to combat racketeering activity, theft, and related criminal violations and to disrupt persons and organizations engaged in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a voluntary cooperation agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; WHEREAS, the undersigned agencies acknowledge that they can make more efficient use of their respective powers and resources and thereby provide a higher quality of law enforcement services to the public through the coordination of members of the undersigned agencies in the Transportation Related Theft Task Force; NOW THEREFORE, the Parties agree as follows: The Florida Department of Law Enforcement (FDLE) and each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement, at the request of the Florida Department of Law Enforcement, to implement the Transportation Related Theft Task Force for the purposes and goals indicated. Additional parties may, at the request of a participating member, and with the approval of FDLE enter into this Agreement at a later date as evidenced by their signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement. The Task Force may cooperate with other agencies, including federal agencies, although such agencies may not be parties to this agreement. Intent Statement, Task Force Goals and Provisions for Voluntary Cooperation: It is the intention of the Florida Department of Law Enforcement to establish this multi- agency Task Force as a mechanism by which area law enforcement agencies can dedicate resources into a centralized unit for the purpose of targeting individuals that are believed to be violating Chapters 895, and 812 Florida Statutes by committing numerous transportation related thefts within Florida. The Task Force will place emphasis on targeting such violators who commit criminal acts in multiple jurisdictions, or whose singular criminal episode involves investigative activity in multiple jurisdictions. 1 Task Force efforts shall include, but are not limited to, surveillances, undercover operations designed to detect and stop illegal activity involving transportation related thefts, including but not limited to violations of Chapters 895, and 812 Florida Statutes or similar federal violations; the arrest and prosecution of those involved; the seizure of contraband, and fruits of crimes; the forfeiture of assets from those engaged in such activity; and the referral of investigative leads and intelligence to such other federal, state or local law enforcement authorizes as my be required and appropriate under Task Force operations. While the seizure and civil forfeiture of assets is an effective tool in combating organized criminal activity, the seizure and forfeiture of assets shall not take priority over the primary function of the Task Force, which shall be to enforce criminal law violations. Nothing herein shall otherwise limit the ability of participating Task Force members to provide, as provided by or allowed by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. The Parties to this Agreement are contributing personnel and resources in support of the Task Force efforts, with the operations of the Task Force being coordinated with FDLE and other Task Force members. Procedure for Requesting Assistance Law enforcement officers assigned to Task Force operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more Task Force member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the task force which shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Organization, Command and Supervisory Responsibility: Each participating agency shall contribute personnel and resources to the Transportation Related Theft Task Force in such numbers as are agreed to by the participating agency and FDLE. Participating agencies shall assign personnel to the Transportation Related Theft Task Force based upon their investigative experience and the operational needs of the Task Force. Final acceptance of personnel assigned to the Task Force shall rest with FDLE. The assigned managing FDLE supervisor shall be responsible for the operational command and day-to-day administration of all Task Force operations and personnel, and shall have the authority to make routine assignments and determine case priority, as needed. During the absence of the managing FDLE supervisor, or as deemed necessary by the managing FDLE supervisor, any member assigned to the Task Force may be designated as an interim team leader to manage operational Task Force matters. 2 Activities shall be considered authorized only when approved and actually directed as provided herein by the assigned FDLE supervisor or designee. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless approved and supervised as provided herein and related to Task Force operations or have been encountered directly incident to an approved and supervised Task Force operation. If a conflict arises between an order or direction provided by the assigned FDLE Task Force supervisor and a member's employing agency's rules, standards, or policies, the conflict shall be promptly reported to the FDLE Task Force supervisor and to the supervisor that Task Force member's agipncy chain of command. The FDLE Task Force supervisor, in conjunction with the Task Force member's agency supervisor, shall attempt to resolve the conflict in a manner that will allow the Task Force operation to continue appropriately. At no time will a participating Task Force member be forced to violate his/her own agency's policies or rules in order to implement a Task Force initiative. The Parties to this Agreement may, by a written memorandum of understanding or written attachments to this Agreement, identify or further define particular guidelines, policies, or procedures to be utilized by members of the Task Force when engaged in Task Force operations. In the absence of a written memorandum of understanding or attachments, the policies and procedures to be utilized by Task Force members shall be clearly identified by the assigned FDLE Task Force supervisor. However, as stated above, no Task Force member will be expected or required to violate or otherwise fail to maintain the member's employing agency's standards of conduct, rules or policies. Jurisdiction: The principal site of the Southeast Florida Transportation Related Theft Task Force's activity is the geographical boundaries of Palm Beach, Broward, and Miami-Dade counties, provided however, that Task Force members shall enjoy full jurisdictional authority anywhere within the State of Florida, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement when engaged in Task Force operations that have been approved by, and involve the Florida Department of Law Enforcement as are contemplated by this Agreement. Task Force members operating outside the jurisdiction of their respective agencies shall not enjoy extra-jurisdictional authority as law enforcement officers unless engaged in approved Task Force activities as stated herein. The Parties to this Agreement acknowledge that any extension of jurisdictional authority beyond the bounds of their employing Agency is by reason of this Agreement and the overall supervision and authority of the Florida Department of Law Enforcement as provided by the "Florida Mutual Aid Act." Pursuant to Section 23.127(1), Florida Statutes, designated employees of the undersigned Agencies participating in the Task Force shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the jurisdiction in which the employee is normally employed. Powers, Privileges, Immunities, Costs and Liability-Related Issues: Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes, 3 have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. An agency that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. Each member agency engaging in the Task Force initiatives pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employee while such employees are engaged in Task Force activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees, as further discussed below. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, and resources in order to affect the purposes of the Task Force, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. Each Agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered and shall defray the actual expenses of its employees while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an Agency when performing the employee's duties within the territorial limits of the employee's Agency shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees, to the extent otherwise authorized by law and allowed by the originating agency's policy and command. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. Complaints Against Task Force Members Whenever a complaint has been lodged as a result of Task Force efforts, an FDLE designee shall ascertain at a minimum: The identity(ies) of the complainant(s)and an address where the complainant(s) may be contacted; The nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about; and The identity(ies) of the Task Force participant(s) accused and the employing agency(ies)of the participant(s) accused. FDLE will promptly provide to each affected employing agency the above information for administrative review and appropriate handling or disposition. Each affected employing agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. Obligation to Coordinate With Prosecutor's Office The principal goal of this Task Force is the protection of Florida's public safety and security, and the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the Task Force are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling Task Force generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from Task Force operations are likewise to receive coordinated support efforts from Task Force members. The Task Force supervisor shall monitor the efforts of Task Force members in support of criminal prosecutions and civil actions. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the Task Force to. assure the expected level of support from Task Force members is occurring. Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the Task Force. Property Seizure and Forfeiture Considerations: No funds or other property seized during Task Force operations are to be utilized by any member agency prior to successful forfeiture or until the title or interest in the funds otherwise lawfully vests in one or more member agencies. Forfeiture actions based upon seizures made by the Task Force shall be based upon current statutory and case law. The Parties agree that the FDLE, through its attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court, subject to its right to reimbursement of associated costs; however, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and shall take into account their relative roles in support of the efforts of the Task Force, unless an alternate distribution allocation among the Parties has been agreed upon. Any Party to this Agreement or any prosecutor handling the criminal prosecution of Task Force cases may request copies of forfeiture complaints and pleadings filed by reason of 5 Task Force seizures, and such copies snail ne promptly provided to the requester. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force member agencies in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes that there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available to the Task Force, provided the property under consideration otherwise qualifies under law for such consideration. Forfeiture actions shall be further governed by the terms and conditions described in be further governed by terms and conditions described in Section 932.704(1 1)(a), Florida Statutes. Evidence and Records: The Parties agree that all Task Force reports and records shall be maintained and retained by FDLE, and shall be identified as Task Force reports. Evidence shall be seized in substantial conformance with FDLE evidence policy and all evidence seized in Task Force operations shall be maintained by FDLE. FDLE shall be entitled to conduct audits and inspections of Task Force operations and records including the seizure and handling of all evidence, property, or cash or any other aspect of Task Force operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. 6 Term of Agreement: This Agreement shall become effective as to the executing Parties upon execution by the Commissioner of the Florida Department of Law Enforcement and at least one other participating agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party as the date of such execution. This Agreement shall remain in full force as to all participating Parties until September 30, 2015, unless canceled in writing by the Commissioner of the Florida Department of Law Enforcement, or as canceled in writing by an individual Party as provided herein. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page, the original of which shall be returned to, and maintained by, the Florida Department of Law Enforcement. Under no circumstances may this agreement be renewed, amended, or extended except in writing. IN WITNESS WHEREOF, the authorized representatives of the Parties hereto sign on the date specified. Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat Racketeering Activity, Theft, and other Related Crimes. Pursuant to Section 23.1225(3), F.S., this agreement may be entered into by a chief executive officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. For the Florida Department of Law Enforcement (FDLE): Richard Swearingen, Commissioner Executive Director, Florida Department of Law Enforcement I .���s Date 8 Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat Racketeering Activity, Theft, and other Related Crimes. Pursuant to 23.1225(3), Florida Statutes, this agreement may be entered into by a chief executive officer of the Agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at the Florida Department of Law Enforcement along with this signature page. ■■aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa For the Delray Beach Police De artment: (Agency) (Signature) Jeffrey S. Goldman Chief of Police (Date) CITY OF'DEI,3.tAY BEACH ATTEST: By: Caty Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to form and legal sufficiency: Noel Pfeffer, City Attorney 9 i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: April 16, 2015 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF APRIL 21,2015 PROCLAMATIONS WHEREAS, the Florida Water & Pollution Control Operators Association, organized in 1941, is a non-profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development, to protect the health of Florida's citizens and to preserve the state's water resources; and WHEREAS, this organization offers water and wastewater treatment plant operator and water distribution system operator training courses required for the State of Florida's operator licenses, eight voluntary certification programs, and continuing education programs for operator license renewal; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, the Florida Water & Pollution Control Operators recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater, and stormwater systems in Florida by celebrating Florida Water Professionals Month, which applauds their constant efforts to protect our health and environment. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of April 2015 as: FLORIDA WATER PROFESSIONALS MONTH and call upon each citizen and business in the City of Delray Beach to extend appreciation to our water professionals for the vital services they perform and their exemplary dedication. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 21st day of April,2015. CARY D. GLICKSTEIN MAYOR WHEREAS, Professional Secretaries Week began in 1952 in an effort to draw attention to the advantages of a secretarial career and to attract new secretaries to the profession; and WHEREAS, in the year 2000, this week was renamed Administrative Professionals Week to acknowledge the changing job titles and expanding responsibilities of today's administrative workforce; and WHEREAS, administrative professionals are talented, educated and trained individuals who possess the mastery of a wide variety of skills, the initiative to assume great responsibility and solve challenges and who remain dedicated to upholding high ethical and professional standards while also demonstrating individual professional excellence; and WHEREAS, we, as citizens and communities, owe a tremendous debt of gratitude to all the administrative professionals upon whose skills, loyalty and efficiency the functions of business and government depend. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim April 19-25,2015 as: ADMINISTRATIVE PROFESSIONALS WEEK and April 22, 2015, as Administrative Professionals Day, in Delray Beach, Florida and encourage all citizens to recognize the contributions of these dedicated professionals. 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 21s' day of April, 2015. CARY D. GLICKSTEIN MAYOR 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 neutrality 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, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 3- May 9,2015 as: MUNICIPAL CLERKS WEEK in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Chevelle D. Nubin 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 21 s' day of April, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, millions of people throughout the world consider prayer the most important utterance of mankind;and WHEREAS, prayer comforts us in times of sorrow and gives us strength and hope for the future;and WHEREAS, throughout the history of our state and nation, Americans have given thanks to God for the many blessings which God has graciously bestowed on our nation and have humbly prayed for guidance,comfort,and protection;and WHEREAS, we continue to give thanks for the men and women of the military who defend freedom, and we humbly ask God for their protection and pray for peace throughout the world. We ask God to keep His hand upon us and bless the City of Delray Beach,the great State of Florida,and the United States of America;and WHEREAS, the National Day of Prayer is recognized by Congress as a day for all Americans to pray and reaffirm the spiritual principles upon which our nation was founded;and WHEREAS, this is the 64th anniversary of the annual observance of the National Day of Prayer, and this year's theme is "Lord, Hear Our Cry", based on I Kings 8:28, "Hear the cry and the prayer that your servant is praying in your presence this day",and WHEREAS, on May 7, 2015, Americans across our nation and state will unite in prayer to acknowledge our dependence upon God, give thanks for the many blessings our country has received from Him, recognize our need for personal and community repentance and renewal, invoke God's blessings upon our leaders and ask God to protect and bless our nation. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 7, 2015 as: NATIONAL DAY OF PRAYER in the City of Delray Beach, Florida, and extend greetings and blessings to all observing the National Day of Prayer. 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 21St day of April, 2015. CARY D. GLICKSTEIN MAYOR i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 11, 2015 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF APRIL 21,2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Site Plan Review and Appearance Board Meeting of April 8, 2015 A. Approved (5 to 1, Alice Finst dissenting, Jose Aguila absent), an amendment to the blanket sign program to allow projecting signs for the three (3) retail bays for Circe Circe within the Hannah Building located at the northeast corner of East Atlantic Avenue and NE 4th Avenue (401 East Atlantic Avenue). B. Approved (6 to 0, Jose Aguila absent), a request for a color and material change associated with changing the color of an existing vinyl awning from white to green for Beer Trade Co. located on the east side of NE 4th Avenue north of NE 1 st Street(145 NE 4th Avenue). C. Approved (6 to 0, Jose Aguila absent), a request for a color and material change associated with changing the existing building color for Priest Properties LLC Painting, located at the southeast corner of North Federal Highway and Bond Way(1191 North Federal Highway). Historic Preservation Board Meeting of April 1, 2015 1. Approved with condition (7 to 0), a request for a Certificate of Appropriateness for the construction of a three-story, single family residence and associated site improvements on a vacant property located at 227 NW 1st Avenue within the Old School Square Historic District. 2. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness, for the relocation of a contributing structure within the property; relocation of an existing guest cottage within the property; demolition of existing, non-contributing additions and garage, new construction of additional, two-story living space; alterations to the contributing structure and guest cottage; and, site improvements including a swimming pool and landscaping for 219 SE 7th Avenue, within the Marina Historic District. Separate actions were taken on the relocation and addition requests. The relocation request for the contributing structure and guest cottage within the property was approved on a 5 to 2 vote (Price Patton and Ronald Brito dissenting). The request pertaining to the new building addition was approved on a 6 to 1 vote (Price Patton dissenting). DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of March 30, 2015 thru April 10, 2015. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION RECOMMENDATION (Department/City Manager) Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion,receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH APRIL 21, 2015 PLANNING &ZONING DEPARTMENT u s am Ig 1 � > .._.._.._` 1.._.._.._.._.._.._.._.._.._.._.._.._.. ......._.._. ....... W-d j C 1 1 i: � l. � a eorge Bush Blvd j a e Ida o I 1 g z j 1 �.._.. r.._.. n t � 1 r._ ._.._.._.�.._.. 2 �._.._ _....._.._.._..: 1 Q 1 1.' W Atlantic Ave nd 5t A j 1 1 > c w m U) a 1 > j o Q U) . 0 co S 10th St SE 10t Lowson Blvd o 1 Q � 1 °' 1 into d v, Linton Blv %.J ............ 1 ! erman 0w Q) > 1 1 1 n > x m l a W o p m 1 > o °) .. ._.._.._.._ .._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ . U SPRAB: HPB: A. CIRCE CIRCE 1. 227 NW 1ST AVENUE B. BEER TRADE Co. 2. 219 SE 7TH AVENUE C. PRIEST PROPERTIES LLC PAINTING Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Map 4-21-15.mxd i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: April 16, 2015 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF APRIL 21,2015 AWARD OF BIDS AND CONTRACTS i MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, CPRP Director Parks & Recreation THROUGH: Mr. Donald Cooper, City Manager DATE: March 31, 2015 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF APRIL 21,2015 BID AWARD/RFP NO.2015-13/IMAGE JANITORIAL SERVICES,INC./MUNICIPAL GOLF COURSE BACKGROUND The City issued RFP 2015-13 for Janitorial Services at the Delray Beach Municipal Golf Course on February 9, 2015. There were fifty seven (57) copies of the RFP announcement mailed, and the City received three proposals on the due date of February 27, 2015. The selection committee met in a public meeting on March 25, 2015 at the Delray Beach Municipal Golf Club. The selection committee ranked the three vendors as follows: Rank Vendor 1 Image Janitorial Services, Inc. 2 United States Service Industries, Inc. 3 Immaculate Cleaning of Delray, Inc. Staff recommends the City award the contract to the top ranked firm, Image Janitorial Services, Inc. They had the most experience with country club and restaurant kitchen cleaning; they had excellent references and were the lowest bidder at an annual cost of$32,640. The terms of the contract are for one (1) year with an option to renew the contract, at the same terms, conditions and prices for two (2) consecutive one (1) year terms, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Staff recommends the City Commission approve award of RFP 2015-13 to Image Janitorial Services, Inc., in the amount of $32,640 for the Delray Beach Municipal Golf Course janitorial services. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (A) "Sealed Competitive Method" (2) "Requests for Proposals". TIMING OF THE REQUEST This is time sensitive so that the Delray Beach Municipal Golf Course can continue to operate a clean facility. FUNDING SOURCE Funding in the amount of$32,640 is available in account#445-4711-572-34.90 RECOMMENDATION Staff recommends the City Commission approve an award for janitorial services at the Delray Beach Municipal Golf Course to Image Janitorial Services, Inc in the amount of $32,640 for a one year agreement with two additional one year renewal options. M CL an W CL ® m as } } Q V CL M C 0 A E W n A W W W � Q 30. } } Q V � .a Q cm C .c 0 CL 0 i o • t a ® a► � m V i fn f" LL 44 4A tw 0 e®e, �.. Z ® � W '— CL Ii1 0 ® }, LLa _ O ao V a c W49 �► �► � .w Q � F.. Z >1 ? Q } 0 Z W }' ❑ 196 IL C13 1 C V O m C 5 o mZ ai Z .. In 0 d Q N m V 0 0 E E 3 au 11i u � ac P t] le OODD co It N Co tD W) N CD ci "i Lb C6 Op 06 0[i r O G/ O LE) LO(o � CV ti 4 N O V �= Ld N N' N C} t C w CL M R Cs U5 6), 69 H) 69 69 69 69 69 6g U N O M OD C[) O N to OD OD co Cl) d C r- CD Ci �- cn V, F r- O y 06 Co O N CO Op 06 00 O N p Q N C'7 co to Lo NNNQ CD W) N 00 Cl) It N N N Cl) M LO N IL 69 69 69 69 69 19 69 6=} 101 *11, co N d N � N co a CA N f, T+ ti' N 11, LO e- cc 0 N 0Cj � CV N N �= C (7 a M m z dr m z 6% 69 6q 6g 69 61!> 69 69 69 a 0 Q L 0 d w M N m Lo (n ett Co Irr Ch 06 � U N Ch L ti V) Cl) pp C7i T- cn 14' tt Dry r O F- C i N N N N ® O � � M Cb m g cn C% fa L U CO) Q a J ; m 69 69 6% 69 6% 69 6% 69 6% EA W o z o 0 o O o °0 0 0 4 O = N Q Q O O 6 ci q O O J N 4) N Cd0 V- Vim' (0 N CDD aaz '� � w It U N Ca to N N .- t= e= C+j �O �. a LL w 0. ti M $ z w m J 6g fH 69 69 69 69 6g 6g 40. th a a� Cl H y O O d O O a O O 4 r N Q O N � t N ti ti O O O 6R Cl) N w L N Q a O � } 6% 6% 64 69 6% 69 69 64 d3 w rn _ w "' ` w a Zi v� O ~ z C7 ca 0 w w Q w O W U a w J o z z 0 "'C z Cry V O o a � w U U U z 0 a w o a r m cc a 0) w U N N Z = m Y U w Ix ri Z ti m U ti O Z W N Q Z V OwC z to O G C F N C'i e� Sri CO OD of a a C a C. 0 CD N O M Cl) O N 0 O a a O O o" d E a N W.Ln 3 =' N .c N — " 16 a aai Q ; Q m 16 M c a Z d O r i O C! ' O 0 o Q v •� ° Z M a W c. Q V z m = •- � m � a � v 0 N O W O Q V ._ M e Ln m a E Q O rx a a E 0 O W z d -0 a w a c a U. 0 i 0 OC 7 814 14" Street Lake Park, A 33403-2354 (561) 844-8778 Fax (561) �; 4-8986 Janitorial Services meeting your needs, exceeding your expectations TABLE OF CONTENTS TAB A: Letter of Transmittal 1-Proposer understandings of the nature and scope of work to be performed for the Delray Beach Golf Club. 2-Indemnity/Hold Harmless Agreement - Cone of Silence -Drug Free Workplace - Schedule of Pricing :' - Professional References -Bid Signature F=:<�,t -Submittal Cliceli List -Attachments -Addendum's 3- Name persons authorized to make presentations for the proposer, including the titles, addresses and telephone numbers of such persons. TAB B: Organization Profile and Qualifications 4- Size of Organization j S- Range of activitir.,s the firm has previously provided or in which it is currently engaged G- Resources-Equipment the firm has at its disposal to successfully provide Janitorial Services for the City of Delray Beach Golf Course 7- Firm's experience with similar in scope of work for the past 3 years. Provide agency name, address,telephone number, contact person and dates of service was provided S- List City of Delray Beach agencies with which the proposer has had coittm-ets or agreements during the past 3 years 9- Resumes or lis ng, hicluding years of experience, of those individuals who will have a direct role in the on-site supervision of services (include any certifications,etc) TAB C: Statement of Work TAB D: Certificates of Insurance TAB E: Cleaning Specii. .ations TAB F: Green Seal Cv ,.:d Chemicals & M.S.D.S. 814 14'x` Street Lake Park, Fl 33403-2354 wifilill .:_ (561) 844-8778 • Fax (56 1) 844-8986 Janitorial Services meeting your needs, exceeding your expectations It is our goal to provide exceptional services to all our clients. We call this goal"The Goal Standard" Image Companies strives to provide customers and employees a unique opportunity; a forward looking company with an emphasis on an old fashion idea: Service. We strongly believe in mutual respect, high expectations, enthusiasm for Iife and strong family values. We believe these virtues bring out the best in everyone. Through a strong relationship built on communication and a commitment to these ideals. Image Janitorial, its customers and employees will reap the benefits of the Gold Standard. We began as a small family`owred operated business in 1987 and have grown to be the multifaceted full service company we are today. Over the years we have established and refined our business model, we constantly refine and improve our systems and service by patient observation,rapid response to customer needs and by remaining open to customer and employee recommendations. Our goal of complete customer satisfaction has led us to increase our services to„meet the ever expanding needs of our customers. Image Companies responded with certification through: BOMA—Building Owners and Managers Association BSCAI - Building Service Contractors Association International '} IICRC - Institute of Inspection Cleaning&Restoration(Fortification There certifications gave us the knowledge and the tools to respond to our customers requests with the level of service they have come to expect from our company. Why Image Janitorial Services? Fervently Customer Driven Your Property Management partner Ready to serve you instantaneously Utterly devoted to quality Leaders in promoting indoor air quality and fighting sick building syndrome Locally owned and managed A strongly people-oriented company If we are chosen as your'service`provider, Image Companies guarantees your facilities spaces will be brought to the highest level possible, this will include implementing a thorough initial cleaning and floor services. Thank you for your time and consideration. Image Companies looks forward to the opportunity of becoming your facility maintenance partner in the future. 81414 th Street a Lake Park, Fl 33403-2354 (561) 844-8778 • Fax (561) 844-8986 Janitorial Services meeting your needs, exceeding your expectations For over 25 years Image Companies has been providing consistent quality services to all of our clients, we are the Cleaning Company for many well known Country Clubs in the County and that knowledge has made us a leader in Country Club cleaning. Our staff goes thru an intensive training before they are placed in a jobsite, they have the understanding of the type of facility they are working on,they have a clear understanding on the high expectation the members, Management and visitors have at the Golf Club. We are a professional company that will go the extra mile in order to maintain a clean facility. You will have an Account Manager assigned to.your.facility that will be stopping by on a regular basis to ensure that services are being performed properly and that all frequency tasks are being met as scheduled and agreed upon with the Club Manager. Our main office will transcript the cleaning specifications provided by the City of Delray Beach Golf Club into our Win Team system to create recurring Work Tickets, this tickets are electronically sent into the Account Manager and Onsite Supervisor with clear instructions on all tasks that have to be completed on the same night. Image Companies assures you that your Golf Club will be maintain with the highest levels in cleaning ,F and top of the line Account Management. We look forward for a solid and strong business relationship. { c i INDEMNITYIHOLD HARMLESS AGREEMENT RFP No. 201513 DELRAV BEACH GOLF CLUB JANITORIAL SERVICES ANNUAL CONTRACT Contractor shall, in addition to any other obligation to indemnify file City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against alf claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or iniury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, typo of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorneys fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. tcrri ` W C ntradots Name S" lure Date 91P ,� r CONE OF SILENCE RFP No. 2015-13 DELRAV BEACH GOLF CLUB JANITORIAL SERVICES ANNUAL CONTRACT The Palm Beach County Lobbyist Registration Ordinance (Sections 2-359 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach, Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence"provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation;and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article lll, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. tractor's Name Signatu Date 10 11' <, ,. DRUG FREE WORKPLACE CERTIFICATION RFP No. 2015-13 DELRAY BEACH GOLF CLUB JANITORIAL SERVICES ANNUAL CONTRACT If identical tie bids exist, preference will be given to the vendors who submit 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 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 dr g free workplace through implementation of this section. ry V ContractdrsNarm Stg tore Date CITY OF DELRAY BEACH SCHEDULE OF PRICING RFP No. 2015-13 ® FRAY BEACH GOLF CLUB JANITORIAL SERVICES PART: 8: JANITORIAL SERVICES FOR DELRAY BEACH GOLF COURS-PER DETAILED SPECIFICATIONS.CLEANING SERVICES ARE TO BE PERFORMED BETWEEN THE HOURS OF 12 MICNIGHT AND 6;00 AM SEVEN (7) DAYS A WEEK. r UNIT PRICE LOCATION/AREA PER MONTH COST PER YEAR 1 BAR $ a d Cd X12= $ c�. C) -0 .� 2 DINING/BANQUET ROOMS $ f C X 12 = $ 3 KITCHEN/GALLEYS $ x12= $ 4 LOBBY/COMMON AREA X 12t 5 LOCKER ROOMS/RESTROOMS $ X12= - $ 2- C c 6 OFFICE $ ca4 w X12=- $ I 7 . PATIO $ 12= $ ,. .11 6 � _ = $ ! 4 8 PRO SHOP X12 __. $ I-.� . 9 WINDOWS $ a cc X 12= $ • C.% MONTHL'1 MD PRICE (Items 1 thru 9) YEARLY BID PRICE $ 1f X12= $ GROUP B: ADDITIONAL SERVICES AS REQUIREDiREQUESTH D 1 CARPET CLEANING (Per Cleaning) $ . 1 RESTROOM DEEP CLEANING; Includes.Floor,Fixtures and Showers(Pei Cleaning) $ Submitted By: )OR NAM K I I 351s, CITY OF DELRAY BEACH PROFESSIONAL REFERENCES RFP No. 2015-13 DELRAV BEACH GOLF CLUB JANITORIAL SERVICE; *Please complete this page or attach your reference page to this sheet. A enc /Com an Address City!State,Zip Contact Person Tele hone Dates of Service Type of Service Comments: A enc /Com an Address G City, State,Zip Contact Person Telephone Dates of Service Type of Service Comments: A enc/Com an Address Cit ,State,Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Submitted By: VENDOR NAME 371 €' .i c ` 81414 th Street Lake Park, FI 33403-2354. rPl (561) 844-8778 • Fax (561) 844-8986 .Janitorial Services meeting your needs, exceeding your expectations COUNTRY CLUBS AND RESTAURANT REFERENCES Aberdeen Country Club Boynton Beach Mr. Cesar Caleep FOH 561-738-4903 Harbor Ridge Yacht Golf Palm City Mr. Michael Salerno Kitchens/FOH 772-336-8900 Polo Club Boca Raton Boca Raton Mr. Ray.Valdes FOH 561-995-1200 The Club at Boca Pointe Boca Raton Mr. Anthony DiMauro FOH-Kitchens 561-702-5220 Palm Beach Polo & Golf Wellington Mr. Richard Schmitt FOH 561-798-7405 Riverhouse Restaurant Palm Beach Gardens Mr. Frank Callander Kitchen floors/FOH 561-694-1188 Wycliffe Country Club Wellington Mr. Jim Klumb FOH 561-964-9200 5 CITY OF DELRAY BEACH BID SIGNATURE FORM RFP No. 201513 DELRAV BEACH GOLF CLUB JANITORIAL SERVICES PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BECAUSE FOR REJECTION OF YOUR PROPOSAL The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid, NAME OF BIDDER D Name as registered with their State of �� � 'Ic on in BUSINESS STREET ADDRESS m ➢ P.O.Box address not ertnitted CITY,STATE,ZIP CODE R 3 3 V03 ct kle �� MAILING ADDRESS: Check if same as Business address above. BUSINESS MAILING ADDRESS CITY,STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINTNAME T � TITLE (of person signing form) DATE TELEPHONE NUMBER FAX NUMBER 6-03 1 (51Y EMAILADDRESS �� � ' VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE 1 CELL NUMBER ' FAX ' EMAIL ADDRESS � CCW 3811' ,~ SUBMITTAL CHECK LIST RFP No. 20IS-13 DELRAV BEACH GOLF CLUB JANITORIAL SERVICES o YES o NO Check List Form AYES o NO Bid Signature Form e"YES o NO Schedule of Pricing (check for accuracy) o�YES ❑ NO Addenda Acknowledgement (if any) BYES ❑ NO Indemnity/Hold Harmless Agreement EYES ❑ NO Cone of Silence n--YES ❑ NO Drug Free Workplace Certification ra°YES o NO Professional References YES o NO Proposal Pages Part 2 as requested STATEMENT OF UNDERSTANDING 1, - (VIASCY11 hereby achnowiedge and declare that I have read and (Pleat prink name) understand the "Invitation to Bid" document in full for Janitorial Services for the Delray Beach Municipal Golf Club, BID #2015-13 for the City of Delray Beach and completely understand the requirements and expectation of the. 3911' ,x » CITY OF DELRAY BEACH ATTACHMENTS RFP No. 2015-13 DELRAY BEACH GOLF CLUB JANITORIAL SERVICES Prior Tab Sheets 4011' a �� � ADDENDUM No. 1 CITY OF DELRAY BEACH JANITORIAL SERVICES DELRAY BEACH GOLF CLUB RFP #2015-13 Addendum No. 1, Dated February 17, 2015, to the Specifications and Contract Documents for the above referenced project, is hereby declared part of the original Specifications and Contract Documents, and in case of conflict, the following Addendum shall govern. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work directly affected by this Addendum. Request for Information (RFI): 1. What is the current annual cost of your janitorial services? $ 31, 920.00, 2. What is the current monthly billing amount for the janitorial services outlined in the RFP? $ 2,660.00 3. Who is your current janitorial service vendor? OT Services 4. Please confirm number of required original and copies of bid response. One I bound oti���c�tt�° _�rt�I�Lt ilLi �� ����� E)tj€; 1) e ( nie co.pvC"D_or 1IS �o Bidders shall acknowledge receipt of this Addendum by: A. Write the words"Addendum No.l on the exterior of the envelope in which the bid is submitted. END OF ADDENDUM NO. 1 PLEASE ACKNOWLEDGE RECIEPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING EMAILING: 561-243-7166 OR pawltil�r)m delta b€ae.ltxoni AS SOON AS POSSIBLE. L ' PL H�O DER By 002— / ,fC Date Page I of I Addendum No. t To The Contract Documents For The RFP No.20t5-13 ADDENDUM K0. 2 CITY OF DELRAY BEACH JANITORIAL SERVICES DELRAY BEACH GOLF CLUB RFP #2015-13 Addendum No. 2, Dated February 23, 2015, to the Specifications and Contract Documents for the above referenced project, is hereby declared part of the original Specifications and Contract Documents, and in case of conflict,the following Addendum shall govern. Bidders are advised that the information contained in th ,addendum is abbreviated and general in nature. It is the bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work directly affected by this Addendum. Request for Information (RFI): 1. Total square footage of the club house: 15,250 sq. ft. Lobby area is approx. 820 sq. ft, Office area is approx.650 sq.ft. Bar area is approx. I OOO.sq. ft.. The remainder is made up of the banquet rooms and batbroolns. Q)Page 29 it does not indicate whether hand soap will be provided by the chub of vendor? A)The hand soap will also be provided by the golf club Q)Is there-a storage closet on premises or are cleaning supplies to be brought in daily? A)A storage closet is provided for some janitorial supplies, Q)Are the office areas to be cleaned 7 days a week? A)Yes. Bidders shall acknowledge receipt of this Addendum by: A. Write the words"Addendum No,2 on the.exterior of the envelope in which the bid is submitted. END OF ADDENDUM NO.2 PLEASE ACKNOWLEDGE RECIEPT OF ADDENDUM NO. 2 BY SIGNING BELOW AND FAXING EMAILING: 561-243-7166 OR nada`l�{ir)..ntydch-aybeaeh.com AS SOON AS POSSIBLE. PLAN LDER By Date Page 1 oil'1 Addendwn No.2 RFP No.2015-13 Management: Location and Service Area Image Companies is located in Lake Park, Florida. Client/Prospective Clients Tours of the Image Office are available. Meet the staff and see Operation Center, Inventory Warehouse, Image Academy Training and much more. Image has a l.hour response time to all locations within our service area. Our entire staff will be hired locally including all janitorial, specialties, Management, Administrative; Siopport Staff. Most importantly Image Companies services rest above all else on the staff assigned. The following staff would be directly assigned to-1 he City of Delray Beach_ Delray Beach Golf Club Tim Wilson- President -25 Years Industry Experience,25 with Image Companies Member of BOMA, USGBC, BSCAI Certified IICRC (Institute of Inspection, Cleaning and Restoration) - Commercial Janitorial Service_ s, Water and Fire.Damage Restoration, Carpet Care and Spot Cleaning, Odor Control 10 Years Industry Experience with Green Cleaning 814 10 St Lake Park, F133403 Office 561-844-8778 ext I 1 I Cell: 561-310-111.1 Paul Saavedra- Business Development -20 Years of Industry.Experience, 19 with Image Companies Member of BSCAI (Building Service Contractors of America IICRC (Institute of Inspection, Cleaning and Restoration) - Quality Control, Commercial Janitorial Service 15 Years Industry Ek'eiien�e with'Green Cleani fg� Bi-lingual (Spanish and English) 814 I4ih St Lake Park, Fl 33403 } Office 561-844-8778 ext 118 Cell: 561-255-9915 Javier Morales`-Account Manager- 8 Years of Industry Experience,4 with Image Companies Certified by Cleaning Institute in Janitorial Services, Quality Control and Green Cleaning Bi-lingual (Spanish and English) 814 14"' St Lake Park, F133403 Office 561'-723-0031"Cell— . i }y I r s � 1 f Janitorial Services meeting your needs, exceeding your expectations E i Providing qua 1987 North Palm Beach Scvit, r ��OLIIIV f,/�) 11(1(} 1:1E.nturi�. /' w J �I �) Chamber of Assodallotl "r rinrrntttlrr Commerce M« intarnational I i E - i I i i f h I f Our Mission I It is our goal to provide exceptional services to all our clients. We call this goal The Gold Standard. Image Janitorial Services strives to provid.1, customers and employees a unique opportui Aty; A forward looking coMpany with an emphasis on an old fashioned idea: Service. We strongly believe in mutual respect, high expectations, enthusiasm for life and strong family values. We believe these virtues bring out the best in everyone. 'rhrough a strong relationship built on communication and a commitment to these ideals i Image Janitorial, its custo� ers acid.omploy0es will reap the beriefitsbf the Gold Standard. I i i Cora RV History Image Janitorial Services was started, as were many other businesses, because there was a lack of quality service providers in Palm teach County. We began as E a small family owned and operated business in 1987 and have grown to the muill- facetted full service company we are today. Over the years we have established and refined our business model, taking as our guide the dictionary definition of the Cosmos: " A solf-inclusive system char- ' acterized by order and harmony amid complexity and dotal[ ". We constantly re- fine and improve our systems and service by patient observation, rapid response to customer needs, and by remaining open to customer and employee recom- mendations. Our goal of complete customer satisfaction has led us to increase our services to meet the ever expanding needs of our customers. Floor Refinishing—Carpet Maintenance— Porter Services Water Damage Restoration--Window Washing'j Paper Products & Supplies Image Janitorial responded with certification through: : :. + BSCAI e Building Service Contractors Association International IICRC - Institute of Inspection Cleaning &r Restoration Certification USGBC - U.S. Green Building Counsil These certifications ave us the knowled a and the tools to respond to our cus- g g . p tomers requests with the level of service thqy have come to j expect from our company. f Recently, our customers wanted to streaml,ne office products and common area supplies. Image Companies responded;by :aggressively pricing +' your supply needs with next day'delivery Over the years we have gone from a small family owned business to a full service i corporation offering a wide rango of products and services to meet customer needs. But one thing remains the same,-our commitment to the original idea: Service: Quality Dependable Services. f i I E i Why Image Janitorial rvic �d Customers since 1987 have selected Image Janitorial Services because we are... Fervently Customer Driven. When our customers talk we listen. That's why we take whatever stems are necessary to protect %four property. Your property managernont partner. Yoo i,uA Image Janitorial with your keys. We in turn apply our expertise to help enhR#tice the professional image that you wish to protect. Beyond the typical buyer-coriinnotor relationship. Working together to achieve a common goal with honesty, integrity and fairnessin everything we do. Ready to serve you Instantaneously. 24 hours a day, 365 days a year, no matter when or what the: emergency, we are here for you; Think of us as the "91111 of prop- erty services. - Uttt rly devoted to quality. Image Janitorial quality assurance is second-to-none, with each job checked by our quality assurance managers and in addition, periodi- cally checked by Timothy Wilson, owner of Image Janitorial Services. The results of these inspections=good, bad or'iridifferQnl arc: available to your,.:--,.Ec. Leaders In promoting Indoor air quailty'and #Ighting'sick b€ 'Nino syndrome. We understand these issues and act in our=customers best interests. Locally owned and managed. Our management and supervision isAocal enabling management to respond quickly and efficiently to your peels. No longer are issues shuffled to a remote management. A strongly people-oriented company. Our employees work longer hours, make more; money, are more satisfied and deliver in,,rensed productivity. with lower ab- senteeism and lower turnover than their.poers. 'r.,?1I-Gives us a higher quality work force leading to greater customer satisfaction. a €ff I - I i III �,. 814 14" Street Lake Park, FI 33403-2354 {561) 8448778 • Fax 561 844-8986 Janitorial Services meeting your needs, exceeding your expectations Image Companies offers the following services; 1) Commercial Janitorial Services 7 days a week 2) Porter Services 3) Carpet Cleaning 4) Floor Service (strip — scrub — recoat) 5) Floor Steam Cleaning 6) Pressure Cleaning 7) Window Washing S) Water Damage Restoration 9) Supplies f Communications and Reapmen6veriess Image Janitorial believos that a successful company is one that responds promptly and efficiently. All service requests, including special service reCILIeStS, are logged into our specialized ticketing system which then directs on site prompt action. We encourage Iwo-way communication and we have the personnel and systems to facilitate this, so please feel free to 1 Onlail Lls at operationscierl(@ im age com pan es.com, The benefits to you are 3 Improved communications between you and/or your tenants and Image j ,Janitorial Service:s, which can increase customer satisfaction. I Tolo'foam: A poworful, state of the art, integrated telephone time and I attendance systen) assist your organization and, ours to Increase operational efficiency by reducing costs and improving communications between our supervisors and employees. Tol(Team is a fully integrated autotl)atod telephono timekeeping systam.thal verifle&omplo�ee presence at job sites. Caller t[): The system uses Caller 11) tc `ICientfy the ioGatior flomi'NviicT the 3 call is made. In the unlikely t,v©nt a calf is made fronn a number-that does not match a valid job site, it flags the call and 'notifie's tf e supervisor InuTfOdiately. Communication: The gtstorn provides!a link from workers to supervisors with a voice messaging system enGUrinq your' deeds are promptly mot. Vaging: Our unique paging capabilities -o,;ure fast and efficient communications between staff and SLIP er,;'4.;s ensuring problems are efficiently identified and solved. Voice Mail: Your account reprgsentalives h'Oved-edi ated e�Ctt risiot s for 24 IiUUr erlle;r(i�ticy access. Ldave a,niessaga �f,a pacde is"dent hotffying receipt of your important tali. t -Mail. Wo are always accessible by e-mail. Your,concerns can be handled directly & personally by sending e'naail to j+ciur re resontativo'. Wohsito: More information is available on-line. I'IPase visit bs,on then web ai www.ir���tcJ�;coilf3aniE�.�,t:oi1�. Fniorgencies: ' We have satellite phoivas for key tflanti,g meat, o vye can respond quickly to your(fire needs. i I Image Janitorial Services - Staffing We're your partner in building management. We'll work with you to make sure your building is clean and orderly. Our people are well trained, trust- worthy, and our management is well organized. We'll do the job right, on time, and on budget, We interview and thoroughly screen candidates for ability, character and temperament. We consider only those candidates with proper work cre- dentials based on satisfactory work history of previous and present em- ployers as well as qualifications. We verify all employees through local 1 and statewide background checks via the Florida Department of Law En- forcement, The Division of Motor Vehicle, Florida Division of Work- ors Compensation and 'rho Department of Security and its F-- Vorfication System. We are knowledgeabia in matters affecting the hiring of personnel, Including naturalization and immigration laws; or y FEE Afoe,& Mir We staff a new building from four sources: a Existing employees working at tho.bulldingONLY if they-meet°.th'e strict standards of Image Janitorial Services, Inc. ® We find this approach minimizes the learning period. The current con- tractor's employees, whom we may We after screening,,-inteNiowing , testing and evaluating their performance,°wllt'be trained ,'ih our tech- niques and procedures through a rdquirod on site'classrgom training class. ® Current Image-Janitorial employees at other.locations. -We'know they do a great job already and have the traclt record vprove it;and ' o Most importantly, we often hire based on-referrals 'ty',Image Janitorial employees. All staff is required to wear an Image' shirt; ah. ID badge, -khaki pants, a black belt and black OSHA approved shoos: ,�, 1 I I +I 1 RaIning Continued duration }! I E,`rt 7tl€zt�¥ All new employees receive in depth training to ensure that the high standards expected by Image Janitorial Services, Inc and �,. Ira:;l3ic:nurt r:1 I ANIM; its clients aro maintained. JHe3 fF i � > ..t� � rp� )E lDjW Janitorial Emplo►f� ,Trainina Program _. Outlines employee training a.-A ensures no steps are omitted thru classroom training, vidt.o training, practical applications, chapter quizzes and a final oxam. A mini boot camp for all em- pioyaes. ' �la��r®©rrt Training: 13r,ilci;�rc; , Snrtice 1. Cleaning methods and specifications �i � (fo�7lr�rk�s 2. Types of and operation of equipment. A��ciskian 3. Chemicals and their safe use including Material Safety Data Sheets (MSDS), Blood Borne Pathogen Programs. 4. Customer relations, 5. Security Procedures ; r After all employees have successful.completed�tho.Classroom training which includes a comprohonslve final exam, all employ- ees are then assigned to a fotasite for'their continued education. I, ' On site training: graining Contir Ub, 1 1. Now employees are assigned an area, group or task always with an on-site supervisor. 2. The supervisor on site works with and instructs new employees to meet custoine4' specifications. 3. Inspection and oversight is�vitai'to;gOality trainirltd.,.,, I i f 3 i i } e E E i Janitorial�POIJ C All employees are issued a handbook and agree , to those tried and true policies which are in place for the customer and omployees protection. Policies addressed range from 1-luman Resources, discrimination, work- ers' rights & employers' rights, and customer expectations---to grooming, uniforms, employee roprimands and employoe praise. A review of the companies policies car) q be requested at anytime by the employee and customer alike. <Iecurity Procedures: Paramount to providing quality cleaning is security. A job taken very seriously from the first day of training, to jhe daily ritual of securing each ' building at completion of services every night. 0 Thore are standards to every job. They aro: I) Designated.omployee for each job on every,visit. Employees;are trained at a spe- cific jobsite. Through zone, cleaning We can control Who is ln.a specific:area, 2 1 All oni la ets rrrust clock in. Using oursile;6(the drl`am P;lo ee ltkokfi�g system, wo can toll who is in the building, what lime they started arid wYrat't6 'they finished. Through r,mployov voido recognition,wo will vf,r ify'thai the designated employee isbn­911�'. ', �: ! ;. <' - i 3) Keys are only issued to a supervisor or job lea(ior. These keys are labeled with an Image customer number, not the customer namO, fear security.of the customer. 4) Keys may be kept in a designated lockbox on the jobsite!(witlr;:the customers per- mission)-. This is the proferred method of key security storaoH.!,'1( ya will:,never leave the building as they are locked in a high security,,lockb'=x will)ikeysIssued only to cus- ' tourer, jobsite supervisor and image Office; .A total of 3 individuals will have access r to keys, 5) On Multi-lerlant space projects, a tenant checklist is used to secure each space. At the completion of cleaning oach space, both•supervisor qnd daslgii iitetl`employee for said space loci( and record the tilde, Both supervisor `and ern.ployee must verify and sign that,all information is accurate: A copy is fzixed to.the'tmage`office and one is left for thO'custorraers review. This helps iimil unlocked doors.,lf:a pas0-card sys- lom is implemented in the customers building; the customer will be able to toll if any tenants entered the building after the cleaning service'is c:ompletod. F I I Image Janitorial Services is not in the business of playing catch up cleaning. We are in the maintenance business, In order to maintaln a higll level of service we have provided a prograrn which sets fro- quencles and sot days I dates for service items to be addressed. Each frequency driven item will be set up Ill the Image Work Ticket Systern). This ticket identifies and directs staff on the who, what, where, when and wily a service is to be done. Our Account Manag- ers use these established systems to keep your'buildings cleats at all tines. We do not wait for ally specific Item to be dirty, we main- tall) It at all tinles, 5u ®rule orb F f The key to a successful janitorial program is supervisior<:There'are many words for it. Trust but verify, inspect,what you expect eto, :! Simply put we check our employees, All programs are set up-.with a Lead janitor;for daily excutillon and supervision of staff.-imadditiorl there will be a permanently assigned Account MAnAd6r wh6:will - work with Dead and Staff to ensure quality: Tha AccoON Manager Will also "loot with the client on scheduled basis to address client concerns, receive feedback and Identify opportunities for service. All clients will have multiple ways to relay information and re quests, 1-Account Manager Cell phone 2-Account Manager Ernail, 3-I111ago Corporate Office Operations Clerk, � The Oporallons Cleric works In support of the Account Manager to sclladule special services, receive and dispatch client concerns to the Account Manager and ensure clients communications are I promptly dealt with, 561.844-8778 Ext 4 4-Glionts may also email to correspdndence.and-tequests:to; r operatic>nsclerk«irnagecompanies.com`: i Special projects y j ABP ✓ E t � F Upon occasion, service=s other than the regularly scheduled janitorial services may be required. Image Janitorial Services, Inc is able to provide many of the special du- ties that may bo required. If additional special services are requested Image Janitor- ial Services, Inc will provide the worm and bill separately from the general olainte- t nanco agreement. Prices for additional services will be quoted on request. State of the art equipment and knowiodgeable technicians s can get your carpets clean, even high traffic areas. We can f also Scotch uard you upholstery and carp ets to help Icee g Y p Y p p l them clean, ROOM ROHMMIN Linoleum, Vinyl, Marble, and 7l rraxz'Q floors can look their } very best with a maintenance pe6gram the Image Compa- f nips. Providing a clean polish�d look that protects too. �St lay Ion Liapici Mate of the;'art de-floeder, #�iyt velocity ,�r movors,'azoria .machines, corn- rnercial grade dehumidifiers. We are iin IIICIIG Ceelifi6d flood `restorhtion firm, which means we are qualified to return ya lr h[rl;drrrcj or'c�fllce'ta its I ke-foss cancli lion. With over 7,000 items in stoop its easy of 10 5tai3 shopping for office, hotel, rdataurant and fa5itortal sr.rppl10s. We offer fast friendly service with corn- potitive prices to meet your Individual needs. _ With our 20 years of combinod experien"e .we can set up in in-house cleaning program for;'your facility. We can help with technical training of your staff, establish proper labor schedules, increase productivity & help control costs. { i i' F Y,ou asked. We 1'slene,.d j Imago J6111110PIRI pup PMO. t I Because we at Image Janitorial ��,si committed to living up to your highest expectations from the fir,. day that we serve you, we have developed a start-up plan that wilt focus on your.needs and require- ments. I. Prior to start-tip meeting: There may be several priority items or Issues that you know of in advance that will require Image Janitorial's attention soon after start-up. To guarantee that we work on your.highest,priorities fiat, we suggest a meeting prior to start--up in which you an.�.lmage 4anito,rlal:together formulate a plan of action to address your most lmp'Priam'objectives. 2. Walk through: A walk through of the.entire facility with you, discussing immediate concerns and problems encountered in the past, 3. Enhanced communicatl6na, In'Aii-of fortforcontinuous improvement Image Janitorial will establish a data �. communications link between your:faellity.and Image Janitorial. This could enhance dally.corimunications through electronic Mail (e-rOall). Of course traditional communications are always available. 4. Friday:start: We recommended that..we begin oleaninglyour facilities on a Friday night;ThisAll:give us 2 days to-review all j areas to ensure your•satisfaotior7. 5. Over staff/over supervise: Fors several days,following the night of start-up we will over staff and over supervise the building ( at no extra cost to you )16'ensuro your completwS'ktjsfadtian. 6. Regular meetings: We recorpn`,.:, id regular meetings so that our response to your concerns l.. immediate and effective. i 81414 Ih Street Lake Park, Fl 33403-2354 F (561) 8448778 • Fax (561) 844-8986 Janitorial Services meeting your needs, exceeding your expectations COUNTRY CLUBS AND REST�..URANT REFERENCES Aberdeen Country Club Boynton Beach Mr. Cesar'Caleep FOH 561-738-4903 Harbor Ridge Yacht Golf Palm City Mr. Michael Salerno Kitchens 1 FOH 772-336-8900 Polo Club Boca Raton Boca Raton Mr. Ray Valdes FOH 561-995-1200 The Club at Boca Pointe Boca Raton Mr. Anthony DiMauro FOH-Kitchens 561-702-5220 Palm Beach Polo & Golf Wellington Mr. Richard Schmitt FOH 561-798-7405 Riverhouse Restaurant Palm Beach Gardens Mr. Frank Callander Kitchen floors/FOH 561-694-1188 Wycliffe Country Club Wellington Mr. Jim Klumb FOH 561-964-9200 h 814 14" Street Lake Park, Fl 33403-2354 (561) 844-8778 • Fax (561) 844-8986 Janitorial Services meeting your needs, exceeding your expectations Image Companies does not have nor had any prior contracts with any City of Delray Beach agencies. Timothy . Wilson Presi ent. 814 14" Street d Lake Park, FI 33403-2354 Cam, (561) 844-8778 • Fax (561) 844=8986 { ,anitorial Services meeting your needs, exceeding your expectations Staff assigned to Contract: 1) 2 Janitors assigned to Delray Beach Golf Club 2) Janitor on call to cover absences 3) Account Manager—Javier Morales 4) Business Development—Paul Saavedra 5) Office Manager—HHRR—Yane Valdes 6) Accounting—Guillermo Rosario 7) President—Timothy B. Wilson Image Companies 81414 1h St Lake Park, Fl 33403 561-844-8778 Office 561-844-8986 Fax www.in1nC°.COmpa11i CS.C€III { 'oncems—Requests— service @in1a Te oin agigs.cotn Onsite Supervisor Anny Mantes De Oca 786-370-9087 Javier Morales Account Manager jmoi�ales��iz�,�t�gecoilli�allics,co111 561-723-0031 Cell l Proposed ®r k Plan ,,,ind Project Management Strategy Management of The City of Delray Beach- Delray Beach Golf Club begins with the Right hire. Image Companies has an intensive hiring process that begins at the Application process. The application is entered into the Image Applicant Insight Program. This software program unique and proprietary to Image Companies allows us to review each applicant for 15 different factors that we have dotes-Mimed are crucial to a good hire, a long time employee and ultimately a satisfied client. The Image Applicant Insight program will allow us to examine and review each applicants experience in the janitorial field, language and writing abilities, work load and time availability, location and traveling ability as well as many other factors. This information which is reviewed for each potential applicant and job opening is invaluable in assisting in making the right hire. Once hired all Image employees have a background check both locally and statewide. And all Image Employees are processed through thn,Federal Department of Homeland Security. Once each employee has passed our bac`-- .stand check and it is verified that the employee is legally authorized to work in the'umted States through the Department of Homeland Security, a well informed hire is mado. Once the.employee is hired and before any Image employee is placed on any jobsite; Each Image employee must attend Image Academy. Image Academy is.clagsroom training where all employees are trained in the Image way of providing.daily services to all Image clients. All Image employees must attend these classes at the beginning of their employment and throughout their tenure with Image. Regularly scheduled classes are mandatory for all Image employees. Topics of Discussion are: a) Basic'Janitorial Services b)Restroom Care c) Office Cleaning d) Green Cleaning e) Chemical Handling and Usage f) Floor and Carpet Services g) Communications h) Safety, Ladder Safety, Chemical Safety and Blood Born Pathogen Protocol. Prior to being assigned a permanent jobsite each Image c,oployce must take : nd pass a 90 question final exam. This examination allows us to review each employees"r`etention of the material and to determine what may need to be reviewed and also what specific job functions or role each employee may be best suited for. Each employee has been screened and proper trained they are then placed on the jobsite where Image Team Management Software assists all Image employees from Administration to the front line janitorial staff member to provide the best possible services for each and every Image Client. 1-Time&Attendance is a valuable tool which wi'l allow Image to provide regular and real-time reports to the The City of Delray Beach- Delray Beach Golf Club as required by the RFP. In recent years, businesses have been faced with stiff regulations in regard to accurate timekeeping records to document hours worked. Our automated time and attendance solution is vital to fully document Image Companies compliance with the requirements of the The City of Delray Beach- Delray Beach Golf Club as well as Department of Labor standards Image Time &Attendance is a versatile, robust, time and attendance suite that meets the diverse needs of our Clients. It can completely automate.timekeeping processes, saving valuable time and providing necessary information easily. Telephone Timekeeping: How it Works When the Image employee arrives at the job site,he/she uses a designated touch tone telephone to call into the Image Time and Attendance number. The system'Oeets the employee, asks for a unique employee number and presents the employee with several options.for clocking in or out. The employee is.then asked for the joh number-which he or she is working at, The employee selects the appropriate bption-and hangs up the phone. The entire process is quick and casy for the employee: Features &Benefits Location verification with Caller ID—We know where our employees are clocking in and out from. • In the job set up, Image is able to enter a'v_0id`list-of phone numbers from which the employee can check in and out. • When an employee places a call to Image Tatie and Attendance system to start or end a shift or check in or out for lunch,the system uses Caller ID to compare the number in the job file to the number on the incoming call. • If the two numbers do not match, Image Time and Attendance flags-this record and alerts the designated supervisor imindediately aecordingto preset;'references we have built,per The City of Delray'Bea-h--Delray=Beach�Golf£lub'preferences per the RFP or discussions with The City of Delray Beach Delray Beach Golf Club which it determines the most advantageous. Alert Notifications—We find out about problems at the job I"and quickly. • Image Time and Attendance's sophisticated iiotifieation systeih-will�Alert appointed employees in our organization to attendance discrepancies such as, tardiness, absences and caller ID mismatches. • All supervisors and Acct Managers have the option to be notified via e-mail page or with a message in our individual voice mail box. • Notification tolerances are configured based on The City of Delray Beach- Delray Beach Golf Club Schedule. For example, Image couldwait.M minutes after the sluff start time before notifying a suliezvisor.of an absence orit could wait 5 minutes—the options are virtually`limitless. • Settings can vary by job, location, schedule, day, employee and or client preference as well for ultimate flexibility. Integrated voice messaging---provides a friendly communication tool for employees and supervisors. • All employees with access to Image Time and Attendance have their own voice mail box. • Employees can leave messages for supervisors and vice versa. Bilingual ability— Standard English and Spanish prompts ;Vole(, Verification—Prevent employees from clocking in and out for each other in be,.ween travel time between jobs Work Scheduling After winning new business, how do we ensure that the schedule you committed to in the contract is executed? How do you track one time tasks and project work? The Work Scheduling program provides a solution for all of these challenges. • After being awarded new business, information about the new customer flows directly from our Bid Module into the'Work'Sclieduling program for minimal data entry. This information would be updated and verified at the Kick off Meeting if not sooner. • Tracks periodic and project work for each job to ensure that no task ever gets missed. As tasks and contract responsibilities become due_a..work ticket and report is generated for each task due. Each work ticket and report is distributed to the Image employee and supervisor responsible for the completion of the'work. • The Win Team software includes over 500 industry standard tasks with built-in work descriptions. However specific work descriptions can be added or amended to ensure that specific The City of Delray Beach- Delray Beach Golf Club concerns/requests are executed correctly. • Work descriptions can be modified and custorni7ed. These wo_rl descriptions will also print directly on work tickets for Client and employees to review: • Events can be entered as one time or r&O- ing'tasks. Many recurring frequencies are available, including daily, weekly, bi-weekly monthly, quarterly, semi- annually and certain days of the week. Win Team can also specify a custom frequency. • Billable and non-billable items are tracked. • After the task is scheduled, Win Team will remember based on the frequency specified, Work tickets will be generated'for £mployees-to compl ;te:`If the task is billable, after the work ticket is marked'�s "Complete,"the billing details are available in the Accounts Receivable invoii-Jng module for immediate billing. This program also contains an interactive calendar For all scheduled work. The calendar has multiple views, including a daily, weekly and monthly view. In addition,;multiple filters exist so that you may focus on a particular ustomer, service location, crew or type of task, to allow for accurate Forecasting and planning to manage specific duties easily. From Account Manager down to the Supervisor level users can: • View employee contact information • Review& approve timekeeping information for payroll • View&print management reports • View scheduled work at job sites • Request additional work on behalf of customers • Approve requested work from customers • Complete Work Orders J In addition to scheduling and tracking all tasks,the Win Team has the ability.to budget and track all revenue and expense associated with a particular task or projectto analyze the task or project. This is a very powerful tool to help you refine the way e;�,ira work or special projects are priced, the way pricing for specific duties is determined and most importantly allow Image to be efficient,proactive and help the District save money. In addition it is extremely effective in tracking and complying with the LEED reporting requirements. Compliance Tracker— • Training requirements will also be track_ ed in the Compliance Tracker of Image Operation Management Software • Alerts employees and managers of due dates via e-mail Staffing and Cleaning Responsibilities The daily cleaning and staffing of The City of Delray Beach -Delray Beach Golf Club will be performed by permanent assigned staff to a designated area,`1mage Companies Supervisor and Manager will verify that every employee has-proper knowled' e of the assigned area to be cleaned and tinder no circumstance employees are autl or fed to clean other area without prior authorization from Supervisor and Manager. In the event of staff being absent,the On Call staff will be placed in position to cover those specific areas until the assigned permanent employee returns to his/her daily duties. Additional Quality Control Inspector* Each Image Account is randomly selected for inspection. The The City of Delray Beach- Delray Beach Golf Club will have a minimum of 2 days per week of unannounced Quality Control Inspection, All inspections are submitted directly to the Image offief,for review and processing. All necessary corrections and score reviews are shared within 24 hours of inspection with the Area Manager and Supervisor to be shared with Image staff for feedback, correction and training. This schedule allows each Image staff to clean a designated area of approximately 15,000 square feet during the 4 Hour shift or approximately 3750 per hour. This allows for set up and breakdown of supplies and equipment, incidentals and ultimately a schedule that will allow for proper cleaning per the specifications. In addition it allows the supervisor to be just a supervisor, ultimately leading to a better finished product daily. In addition Image will staff and train 5 additional staff members for staff coverage due to illness; emergency and or requested days off. With the additional staff Image will be able to meet the not only the staffing requirements but also have staff available for specialty work and or Supervisory requests for additional staff to maintain The City of Delray Beach-Delray Beach Golf Club as necessary. All staff will be directed by the Assigned Area Manager in conjunction with the Assigned Supervisor. With the daily work tickets,reports 2 o recurring service schedule which is dictated by the RFP and built in the Image Operation Management Software both the Area Manager and Supervisor will be able to direct staff to duties and responsibilities per the desired frequency( Daily, Weekly, Monthly, Quarterly, Semi Annually and Annually). This at minimum per the RFP but with trained supervision each Area Manager and Supervisor will have the ability to request additional special services thru the Win Team system ensure The City of Delray Beach=Delray Beach Golf Club Satisfaction. These regularly scheduled services and any additionally requested services are all available for review by both Image and The City of Delray Beach- De fray Beach Golf Club staff. Quality Control and Correction The City of Delray Beach- Delray Beach Golf Club staff will be scored for quality daily by the Supervisor and Lead assigned to oversee the daily cleaning. This will ensure quality and consistency. However Image believes that additional oversight is-necessary for the success of Image at The City of Delray Beach-Delray Beach Golf Club. Image will supply The City of Delray Beach-Delray Beach GoJf Club with unannounced Quality Control Inspections. All inspections are subrnitted''directly to the Itr�4ge office for review and processing. All necessary corrections and score ieviews'are shared within 24 hours of inspection with the Area Manager and Supervisor to be shared with Image staff for feedback, correction and training. *(Note-Quality Control Inspector is not part of the minimum requirements for The City of Delray Beach -Delray Beach Golf Club, This is customary on a]I Image jobsites and believe this additional step allows Image to provide better services for our clients. Image client retention is 7x the industry average. Industry average is 18 months for Client retention. I cage client retention is 7 years)* Management: Tim Wilson-President- 25 Years Industry Experience,25 with Image Companies Member of BOMA, USGBC, BSCAI Certified IICRC (Institute of Inspection, Cleaning and Restoration) - Commercial Janitorial Services, Water and Fire Damage Restoration, Carpet Care and Spot Cleaning, Odor Control 10 Years Industry Experience with Green Cleaning 814 14" St Lake Park, Fl 33403 Office 561-844-8778 ext 111 Cell: 561-310-1111 Paul Saavedra- Business Development-20 Years of Industry Experience, 19 with Image Companies Member of BSCAI (Building Service Contractors of America IICRC (Institute of Inspection, Cleaning and Restoration) - Quality Control, Commercial Janitorial_ Service 15 Years Industry Experience with Green Cleatnin"g Bi-lingual (Spanish and English) 81414111 St Lake Park, Fl 33403 Office 561-844-8778 ext 118 Cell: 561-255-9915 Javier Morales—Account Manager- 8 Years of Industry Experience, 4 with Image Companies Certified by Cleaning Institute in Janitorial Services, Quality Control and Green Cleaning Bi-lingual (Spanish and English) 814 141" St Lake Park, FI 33403 _ Office 561-723-0031 Cell Anny Montes De Oca—Onsite Supervisor— 10 Years of Industry Experience, 6 with Image Companies 786-370-9087 A`°R°® CERTIFICATE OF LIABILITY INSURANCE D/19/IODIY5 2/19/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER N NEAOT David H. Lopez Eastern Insurance Group, Inc. PHONE (305)595-3323 FAQ e.(305)595-7135 9570 SW 107 Avenue E-Malt Ess•car @easterninsurance.net DD Suite 104 INSURER(S) AFFORDING COVERAGE NAI0 9 Miami FL 33176 INSURERA,Ascendant Commercial Insurance INSURED INSURER 0: Image Janitorial Services, Inc. INSURER C: 814 14th Street INSURER D: INSURER E: Lake Park FL 33403 INSURER F: COVERAGES CERTIFICATE NUMBER aster 14-15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM1O MMIODNM GENERAL LIABILITY EACH OCCURRENCE S AGE TO#2fNT£D COMM ERCIAL GENERAL UASIUTY E enca S CLAIMS-MADE ❑OCCUR 'MEDE(P Ad'oneperson $ PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGO $ POLICY El PRO- LOG _ S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aodl f ANY AUTO BODILY INJURY(Perperson) S ALL ED SCHEDULED BODILY-INJURY(Per aoBdent) S NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccidenl- $ U1111RE"LIAB HOCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETEbMI N $ A WORKERS COMPENSATION X O HMITS FIR AND EMPLOYERS'LIABILITY ANY PROPRIErORIPARTNERIEXECUTIVE YIN E.L EACH ACCIOENT $ 11000,000 OFFICERlMEMBEREXCLUDED? ❑ NIA C_66673-D /1/2015 /1/2016. (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 ")N under Des dPaTIO OF OPERATIONS helarr - E.L.DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 161,Additional Remarks Schedule,K more space Is required) janitorial service Project Name: Delray Beach Golf Club Janitorial Services Project Number: RFP No. 2015-13 30 Day Notice of Cancellation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW Firsts Avenue Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE David Lopez/ANA ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS109A rrontr:n,+n1 Tha Arnran noma onr{Inn^am mniatmearl mar4e of Arnion A� 3/17/2019" CERTIFICATE OF LIABILITY INSURANCE DATI3(MMLDDlY4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsements. PRODUCER ICOONTACT Maria Rodriguez Insurance Express.Com PHONE (861)471-9813 FAAX No:(541)471-9818 2005 Vista Parkway E-UAIE .beeky@insuranceexpress.com Suite 200 INSURER(S) AFFORDING COVERAGE NAIC H West Palm Beach FL 33411 INSURERA:Southern Owners Ins Co 10190 INSURED INSURER B:Au to—Owners Insurance Com an y 18988 Image Janitorial Service Inc INSURERC: 814 19th Street INSURERD: INSURERE• Lake Park FL 33403 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1431706061 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED.NAMED'ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY C011TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY T€-r F-OLICIES DESCRIBED.HEREIN IS°PUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. " I EXP INSR TYPE OF INSURANCE S POLICY NUMBER MWDD EFF POLICY 1M YYY - LIMITS GENERALLIAWLITY _ EACH OCCURRENCE $ 1,000,000 1JMXkd9 TO RENTED 50000 X COMMERCIAL GENERAL LIABILITY Ea occurrence) $ A CLAIMS-MADE �OCCUR X 2729546 /1/2014 /3/2015 MEDFXP Art•One ) $ 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODIICTS.00MWDPAGG $ 2,000,000 POLICY X PRO LOC - S AUTOMOBILE LIABILITY CDMA.B NEED3ISINGLE LIMIT 11000,000 fFn B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED }( SCHEDULED 698226600 /1/2014 /1/2015 BODILY INJURY(Per acddent) $ AUTOS AUTOS X H ED AUTOS X NON-OWNED PPROPIERT DAMAGE $ AUTOS Medical mrnents $ 2,000 UMBRELLA L€AB OCCUR EACH OCCURRENCE $ EXCESS LIAS CLAIMS-MADE - AGGREGATE- $ DED RETENTION S WORKERS COMPENSATION WGSTATU- OTH- AND EMPLOYERS'LUIBILITY YIN - " ER ANY PROPRIETORIPARTNF.RIEXECU IVE NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? - - (MandaloryinNH) E.L.DISEASE-EAEMPLOYE $ If yyes descnbe under DESCRIPTION OF OPERATIONS below E.L-DISEASE-POLICY LIMIT S i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) L' - City of Delray Beach is listed as Additional Insured Project Name: Delray Beach Golf Club Janitorial Services Project Number: RVP No. 2015--13 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FYFIRATION DATE THEREOF, -NOTICE WILL BE DELIVERED IN ACCL`IWAUCE WITH THE POLICY PROVISIONS. CITY OF DELRAY BEACH 100 NW 1st Avenue DELRAY BEACH, FL 33444 AUTHORVXO REPRESENTATIVE Maria Rodriguez/BECKY ACORD 26(2010/06) ©1988-2010 ACORD CORPORATION. All rights reserved. MFtM'9t1_sd with pdfFactory trAW(giM www.OnLu tie '­'- PANT 5: SERVICES REQUIRED/SCHEDULE OF SERVICES 1. GENERAL INFORMATION: Cleaning services are to be performed between the hours of Midnight and 6:00 a.m. seven (7) seven days a week. The club will supply toilet tissue, soap, hand towels and trash liners. Contractor will supply all cleaning supplies to perform cleaning duties. Areas to be cleaned include: Locker Rooms, Dining/Banquet Rooms (Louise Suggs Room, Betty Jameson Room, Donald Ross Room) Tommy Armour Room, all common areas, offices, restrooms, kitchen floors, kitchen gallery and Pro Shop. Awarded vendor will be required to have a representative of the company attend a monthly meeting at the Delray Beach golf club; to discuss work quality and any special needs. Lobby and Common Area: Daily Sweep and mop all hard surface floors Daily Vacuum off carpeted areas Daily Wipe clean all furniture and fixtures Daily Clean glass on entrance doors and all doors to individual rooms Daily Low Dusting Daily Clean exterior entrance removing debris, trash and cigarettes Daily/On Sight Remove debris from planters—On sight. Weekly High dusting(over six feet) As Needed Clean A/C Vents As Needed Clean chandeliers as needed As Needed Spot clean windows On-sight Remove cobwebs Office area: Daily Empty all trash receptacles and remove garbage to designated area Daily Vacuum all carpeted areas, including under desks and chairs Daily Dust and wipe clean all windowsills, fixtures, furniture and Office Equipment Daily Spot clean Windows As Needed Clean A/C Vents On-Sight Remove Cobwebs Dinin /Ban uet Rooms: Daily Vacuum all carpeted areas with special attention given to edges, corners, areas under tables and chairs and hard to reach areas Daily Dust and wipe clean all windowsills and fixtures Daily Sot clean Windows Daily Clean A/C Vents As Needed Clean all chandeliers On-sight Remove Cobwebs 321' ? L3t Kitchen and Gallery: Daily Sweep, mop and degrease floors; paying special attention to hard to reach areas and under all equipment ©ail Remove trash to designated area Bar area: Daily Remove bar mats, sweep and mop floors;Paying special attention under counters, usin a de teaser Daily Clean bar mats and replace when dry three(3) times per week; Wipe down and clean bar counter Daily Gather all trash and dispose in designated area;wash trash containers when as needed Daily Vacuum all carpeted areas with special attention given to edges, corners, areas under tables and chairs and hard to reach areas;Extra attention iven to area under foot rail aloe the bar Daily Clean tables;including bases and chair legs Locker rooms 1 restrooms: Daily Sweep, wash and disinfect all floors, including hard to reach areas, includin behind doors and toilets -5a-ily Clean, deodorize and disinfect all hand basins, toilet bowls and urinals in and out Dail Wash and polish all mirrors, bri ht work, shelves, cabinets and dis ensers Dal! Wash, disinfect and dry all toilet seats Daily Empty all waste receptacles and sanitary napkin receptacles to designated area;wash when needed Daily Clean and sanitize shower walls, floors and fixtures Daily Clean, sanitize and re lace floor mats As Needed Dust and wine clean lockers aid olish other woodwork As Needed Vacuum all car eted areas As Needed Clean A/C vents As Needed Refill all toilet tissue, towel and soap dispensers as required with furnished su lies On-sight Remove cobwebs on sight Proms Daily Gather all trash and place in desi nated area for disposal Dahfy Clean glass display cases Dahly Vacuum all carpeted areas Daily Low Dustin Daily Clean restroom accordin 1 to specifications;including employees restroom Week! High dusting over six feet As Needed Sot clean A/C vents on-sight Remove cobwebs on sight Patio: Daily Wi e tables and chairs;usin sani#izin solution Dail Swee atio Dail Clean cell!- fans;includin to of fan Dail Hose down notin ands uee so d Dail i Remove and dispose of all trash;including cigarettes from dis osal Daily Remove Insect webs and nests from covered patio area- Monthly Clean water fountain;includin dislnfectin 33 P : Special Services; windows All windows to be clean inside and out; One time per month Carpets Shampoo/Gleaned; Once every two months * Spots to be removed on sight-DAILY I3 EC0 Nl P H 0 Ar, TIVU IN TFII,. E, NVIi1.0NIVI`F ,N °E'. A �� �� � x. 11 i° ib OUT- ®R h � l I� � e *: Rw E : 1 QP IN {{ z I rq ��. PR HIS _ es IBM AJ w x a h I< W 7 � Look around, now close your eyes CLEAN F O R H E A L T H y C L A N FOR £ N V f R 0 N M £ N T ;} and think about Your environment. What do you see? Do you see yourself? If not, put yourself in the picture. You're it! We are part of the environment in which lit " we live...it is not just plants, trees, water Improve Indoor Air Quality and animals, Healthier Facilities for : It's Us! Tenants Workers — Custodians It's All people! M Increase Worker Productiv!ty Young, old and middle-age W Improve Morale workers, tenants, building owners, N Reduce Sick Days and Associated all people, from all lifestyles, across all Health Care Costs demographic profiles. . Minimize Fxposuro to Aggressive It's All Environments! Chertiicals IN Office Ouildings M Reduce Water and Air pollution Day Care Centers M Reduce Waste with Education Concentrated Products Federal Buildings and Town Halls • Reduce Package Waste with Hospitality Recyclable Packaging Lodging Clean without Sacrificing Effectiveness Industrial Puce of.Mind, Retail F. 4 AN v z < t r� e ,f C L E A N F O R H E A L T H G L E A N F O R E N V I R O N M E N T Spartan is a proud sponsor of Green Seal's Environmental Standard for Cleaning Services. W call Therefore, don't you owe it to reen Solutions yourself and your clients to show them the way to enjoy the benefit Benefit Building "green cleaning"can offer properties? Service Contractors? "Green cleaning" is more than just ddlrle 11�t,ttiar 1laiue products. It is a regularly scheduled . to a Client' Building cleaning and maintenance program. Green Solutions products are The world of"green cleaning"has formulated to be an integral evolved and, as a Building Service component of your"green cleaning" Contractor, there are now program.Cleaning and maintaining opportunities like never before.Add a facility with Green Solutions r real value to a property by cleaning minimizes VOC emissions controls it from a"green"perspective. Stress allergens from dyes and fragrances, the importance and the true value making indoor environments more obtained from"green cleaning".A pleasant and healthful. healthier, "green cleaned"and Green Solutions is formulated to maintained building affords building reduce the custodial staff's contact i owners the opportunity to maintain with aggressive cleaning products a Class A status, lease space at while offering the same helpful and premium pricing and assist in healthful benefits to the inhabitants t minimizing tenant turnover."Green 4N cleaning"its smart business. of any structure cleaned. LEED and LI=ED-EB offer an l Building occupants can be tenants in excellent framework for Building a high-rise, or employees of a Service Contractors to follow to 3F, business; however, knowing the obtain the 12 points needed towards building is cleaned and maintained certification.This includes from a healthy and sanitary implementing a"green cleaning„ 3 approach gives new creditability to program. the"cleaning"and the work being performed. People spend as much To find out more in-depth y o information about LEED and as 90%of their time in an indoor environment. It is imperative that a LEED EB, visit www.usgbc.org building is cleaned and maintained properly, and regularly, for thei L� . building occupants to be healthy.A healthy building breeds healthy, ; productive employees _ r and tenants, adding Y additional value to the owner's investment. , } " �: i � r t C L E A N F OR H E A L T H CLEAN FOR E N V I R 0 N M E N T liow can Adopt"green cleaning"with A"we care"marketing campaign Green Solutions Green Solutions to enjoy the sits well with guests.A recent following benefits: survey by the Travel Industry of Renefit the Lodging 0 Improve indoor air quality America found that 83 percent of U.S.travelers want to support and Hospitality Limit human exposure and environmentally responsible Industry? curtains from d aggressive � cleaning products suppliers of products and services and are willing to spend more A Win-Win Situation for the reduce health risk by money to do so...but the good news implementing the use of Lodging and Hospitality p g is you don't have to! Green Solutions Industry environmentally preferable products are competitively priced! and reduced-risk products Knowing Spartan's Green Solutions The !greening i of the hotel industry, Greater emphasis on products are in use to clean, travel and tourism in general, is cleaning for health and maintain and sanitize the property more than the latest craze. It is here sanitation gives guests a sense of to stay. Hundreds of hotels, cruise Distinguish a property as an contribution. Let them enjoy ships and hospitality establishments ecological pro-active image knowing the products are doing the have adopted the policy of asking provide peace of mind job needed, doing it well and, most guests if they would care to forsake fresh towels and bed linens to help Guests are interested in importantly, cleaning to protect save the environmont. Many guests environmental issues and want to human health! .Dave responded positively, do their part to contribute.This consequently.saving the hotel established precedence is one more. industry hundreds of thousands of reason to adopt"green cleaning' dollars and proving people care practices. about environmental issues. ' "M f' k z: NR u r S CLEAN FOR 11EAL. TI C L L A N F O R E N V f 13 0 N M E N T - lip hould Clean"Green"with What? ly clean"Green"? Clem "G es "9 Spartan's Green Solutions is a well- Be smart—clean smart.Science rounded assortment of products to and technology allow us to formulate P-1 Any public or private facility that meet most fundamental cleaning products that clean with less cleans! tasks. Products that truly clean and aggressive ingredients. Cleaning Any facility with the desire to are competitively priced "green"assists in reducing exposure create a safer, cleaner and to potentially harmful chemicals that healthier environment. All Purpose Cleaner An facility seeking to meet the Glass Cleaner can endanger the health and safety Y Y g of building occupants, visitors and goals of the U.S.government to High am Cleaner the cleaning staff; plus, reducing implement Teen cleaning". High Dilution Disinfectant p g g ' Neutral Disinfectant Cleaner negative impact on the environment. Any facility that has a need or You are cleaning anyway, so why not desire to use environmental! Carpet Cleaner Y enjoy the benefits that"green referable products and reduce industrial Cleaner p p Floor finish Remover cleaning"allows. Compared to most risk products. traditional cleaning products, M Any facility that is concerned Floor Seal & Finish Spartan's Green Solutions products about indoor air quality. When should I clean"Green"? are cost effective and competitively N Any facility that may have Always, and on a regularly priced. inhabitants with compromised scheduled cleaning maintenance immune systems. plan. Remember clean for health Any facility that may have first appearance second. f inhabitants with sensitivities t0 pp "Green"? Where should ! clean Grreen suspected allergens. � No matter what your environment, Any facility that is concerned „ about indoor chemical usage. from high-rise office building, local Any facility seeking LEED-NC or day care center, to federal court building, cleaning"green"is cleaning LEED-EB certification. smart, which is always an investment in a healthier tomorrow. for all, r. � ,. M Yf l l 3r 1 l �m � fi 9 f -� 3 f ,X r 3 f f i N y S Mz 4 C L E A N FOR HEALTH 0 L E A N F 0 R E N V I R 0 N M F N T 4VII, hat is reen Seal Green Seal? Cevtifled Products Green Seal is an independent, Spartan Chemical Company, Inc. has non-profit organization that strives to been a pioneer in the formulation achieve a healthier and cleaner and development of sanitary ... .......... . environment by identifying and maintenance products in the . .... ............. promoting products and services cleaning chemical industry. From that cause less toxic pollution and basic cleaners to scientifically waste, conserve resources and advanced product lines, Spartan continually reaches to the next rung habitats, and minimize global of the ladder, and that continues warming and ozone depletion, with Green Solutions.Where A SO ........ Green Seal has no financial interest in the products that it certifies or applicable, Spartan looks to Green (124 recommends or in any manufacturer Seal for green certification or company.Green Seal's standards. 51" evaluations are based on state-of- Green Seal enjoys an outstanding the-art science and information reputation in the janitorial industry using internationally recognized as being the leader in pioneering methods and procedures.Thus, what constitutes"green"in the Green Seal provides credible, formulation of"green cleaning". objective, and unbiased information whose only purpose is to direct the Green Seal standards are recognized purchaser to environmentally by the Federal Government for responsible products and services. meeting environmentally preferable product standards for use in federal facilities. 4 N04 In the future, Spartan looks forward to formulating new products within the guidelines set forth by Green Seal. Spartan's Green Solutions products will continue to emphasize improved public and private health and safety, indoor air qualitV, and reduced effects oil the outdoor environment. Spartan will continue to meet the N challenges the future will bring, "Green cleaning"will continue to __W-5 4 evolve, grow, and with that so will Spartan's Green Solutions products. V, Green Solutions products perfor ,Pill mi �R their specified task and are competitively priced. Zq 0. x ­_ CLEAN FOR HEALTH C L E A N F O R E N V I R O N M E N T i 9 si®n To provide a line of environmentally preferred products that directly contribute to a cleaner, safer and healthier environment for workers and building occupants. Living and working in a dirty, unsanitary environment is not an option; however, responsible consumption is. Three points to consider when selecting specialty maintenance cleaning products are: I. Environmental lrri�a c� II. V oyker Safety III. Product Person Ince Spartan's Green Solutions product line has been created with current and future gconcerns in lob d Inviro ment l z WWW offer an opportunity to become a part of the environmental solution. Green Solutions is the pro-active N choice for he professional who i o t s s� selecting cleaners for institutional and industrial use in the sanitary w MI, maintenance industry. i � ti M No persistent, M � roaccurnu lattve®r toxic sspp € chemicals FRI No ozone depleting compounds :b M No or low volatile organic compound content(V®C) W No hazardous waste characteristics M No phosphates or phosphonates g M No carcinogens, rnutagens orteratocgens NOW fi A f C L E A N F O R H E A L T H = CLEAN FOR EAIVIR0NMENT OVA The Samuel T Dana Building. A LEED-EB registered project on the University of Michigan campus in Ann Arbor, Michigan. W7 0MA .WW Van _ -� � e :'�" r. -E �� ';f ♦� .��L� -: far - �-'s't r � r rs f '�-.;fc I � Y1 ✓�'"L4"YS"—"T G "'Sic YY ��ltszstiii ztiiiee ° s r .�i <sjY� f WON A Jv' B Or n';MR, Sim WA e � 6 iH IR ` 1 - � .. i E .�^i'w• �° it �..:.' � v "�' ., F � s C L E A N F O R H E A L T H C L E A N F O R E N V I R O N M E N T AfhyLook to � LEED was created to: previously certified under LEED � s � � p Y i t� � ) �� » standards for new construction. ��� ������ �� � Define green building by establishing a common LEER- EB provides the opportunity When Thinking standard of measurement for building owners and operators to "Green mean - "9 P4 Promote integrated,whole- meet their sustainable operation building design practices goals and to reduce the impact of They are pioneering the 113 Recognize environmental their buildings on the environment fratmwork and standard for leadership in the building and occupant health over their entire ``greets buildings"from the industry life cycle.4 hotftern Rpt f f Stimulate"green"competition What are the benefits to �� ' �� Raise consumer awareness of building owners building„ benefits U.S. Green Building Transform the building market2 participating in the Council? a USGBC LEED provides a complete LEED-E program? framework for assessing building The USGBC is the nation's foremost performance and meeting The opportunity a demonstrate coalition of leaders from across the sustainability goals. Based on well- upgrading leadership s building industry working to promote founded scientific standards, LEED upgrading building systems buildings that are environmentally emphasizes state of the art operation processes to sustainable o responsible, profitable and healthy strategies for sustainable site Aeration places to live and work., development, water savings, energy 0 The opportunity to help shape efficiency, materials selection and LEED-ED Mission— Reduce environmental indoor environmental quality. LEED 13 The opportunity to address impact recognizes achievements and implementation issues directly Mounded— 1993 own promotes expertise in"green building" with the LEED-EB committee Membership in S plus through a comprehensive system and`technical Advisory Group Includes building owners, product offering project certification, for the LEED product manufacturers, architects, professional accreditation, training The opportunity to be designers, and environmentalists. and practical resources,,, recognized as a first mover and Gleaning with Green Solutions LEED-EB for Existing Buildings international leader in can assist in earning up to provides the opportunity for owners sustainable building points towards LEED or LEE D-EB and operators of all existing operation through case study certification. buildings to be recognized and and promotional efforts, LEED71A is the acronym for certified in their efforts to realize the Leadership in Energy and promise of sustainable operations Environmental Design.Through this and reduce the environmental program and its developing facets, impact of their buildings year after you will learn of various established year• programs and some that are still in Designed to complement the LEED the pilot stage. Green Building Rating System, Further information is available Version 2.0 for new construction and contacting the LEED-EB Committee Chair, Michael Arny, by e-mail at major renovations, the LEED-EB feed-eb @usgbc.org Rating System is part of a comprehensive suite of LEED assessment tools under development by the USGBC to promote sustainable design, construction, and operation practices ww1°f usgbc.org"Moot the USGBC" 2,&3.www.usgbc.org"Leadership in Energy in buildings nationwide. LEED-EB Is and Environmental Design" applicable to existing buildings that 4.www.usgbc.org"LEED Rating System for are seeking LEED Certification for Existing Building" the first time, as well as projects 5.www.usgbc.org"Overview of LEED-EB Pilot Program" CLEAN FOR HEALTH C L E AN F O R C N V I R O N M E N T h ® �� � �� Regular routine cleaning can assist F in improving indoor air quality but Indoor Air ui`r N ? certain issues must be addressed. �� Ga sping' L J,51 I°tVA�_ Ire?rthig, volitlintlor�r Fine! an -onditioning systai'fl ai ust v Green SoNtionS Help! be adecluato,not canta I'll inaterf or dirty Green Solutio n,�� can t;ot7it'ilJtP to that € bjortive 1-lurrlidity lvvpls rriuri.: not be With no or Iow11O[, )Y dttc srr�k'#er X30 po lrorrt:nr r'V i '0 psrcent s1e�10-rldintj OJJ tfle A breath of fresh air...now there is F1 Hillissions frorn Other part, of true VALUE in that! What kind of �i building straiilcl not entor the price can you put on clean air? cler�etral ail• t,ii°elation Once, fresh air was taken tot I t NO see nific rrr�t rffngas Sing 4�fi granted, but not anymore...not when volrrtilo organic r or«porinds you are spending your entire day in trot r furnishings or building a climate controlled, airtight building! msat:yriiils Breathing clean air is fundamental to F Implement 10 1,1201 Of sustaining life—so maintaining clean r rivirc�r�rnr;rri; lly t re'ror a'rale air in any building or interior andlar reduce risk cleaning environment is certain to impact not produc ts only how the occupants feel and Organized, routine cleaning must be perform, but how the janitorial staff an integral part of the solution when feels physically and mentally when managing indoor air quality issues. E working with products day in and The emphasis must be on cleaning day out. Green Solutions products for health first and appearances are one way to reduce chemical second. By doing so, you are injury to janitorial workers, by protecting health and maintaining reducing the level of toxicity of the and restoring property values. products with which they work. Let Let Green Solutions hel in that them know you care— build p camaraderie among staff members mission.`rhe no or low VOC formulas while building worker morale. will contribute to a cleaner indoor air Building owners, tenants and duality. anyone else who may enter the To find out more information on building will also appreciate the use Indoor Air Quality, visit of environmentally preferable http://www.osha-stc.gov/SLTC/ products and products formulated at indoorairqualityl. reduced risks. Moreover, it is all in a day's work that is going to be done anyway, so clean smart—clean for health. r . v., CLEAN FOR VIEALTFi CLEAN FOR ENVI €i0NMENT , t Nk i � From pre-school to graduate school Green Solutions and deep into the administrative departments and offices of the Benefit Education education system, a cleaner, healthier atmosphere will assist in and dicta? the performance of learning. Recent yam' studies at two different schools y x Investing investigated the effect and results of Fantastic Returns ° more thorough cleaning n student's yNo Additional Cost performance The unscientific study concluded: Become pro-active. Implement the Number of doctor visits y use of Green Solutions and minimize declined by 34% exposure to harsh aggressive cleaners and V4C s emissions within M Passing reading scores on educational systems and day care standardized tests f € centers. increaser) by 27%. of 2f 1 IM Attendance increased by 4.5% Students, parents and administrators III illnesses declined !b 24% evaluate our Institution the instant Y t " ' they enter. Clean schools provide% better learning environment;while : s f under-maintained schools lose E' !/ credibility for the department and the -tX school district. r` Bake a true investment in education It �y by realizing and implementing a cleaner and healthier environment to e learn. j b R a r 16 R ✓"T^`,.: 4 _ t .d ..y" mxs "y - ; > j5^ g e/ t T� . t b "e' y: s.i - may✓: - Y' „i l Ma- Y � L ll r SMn i f } S c C L E A N F O R H E A L T H C L E A N F O R E N V I R O N M E N T E . ®w call (A _ IVINC°t HE �aO I Nltilflw NT Green Solutions '171-1171OUGH I.vf-ADF-113t-11P IN ENVIRONMENTAL illIANACIEMENT Benefit the Federal l PART I - PREAMBLE Government? Section 101. Federal Environmental Leadership. The head of each federal Mcwtincj .the. Date agency is responsible for ensuring that of Compliance ce all necessary actions are taken to t; rt� � � � integrate environmental accountability - into agency day-to-day decision making The U.S,government spends over and long-term planning processes, $200 billion annually on a wide across all agency missions, activities, variety of goods and services. and functions. Consequently, Executive Order#13148 Greening environmental management the Government Through considerations must be a fundamental Leadership& Environmental and integral component of Federal , s Management Systems, April 22 Government policies, operations, lannin g 2000, outlines in Part 2, GOALS, p g, and rnana ement. the head and sections 204 Release of each federal agency is responsible MIG Reduction and 205 Use Reduction, for meeting the goals and requirements the objectives to be met. December of this order. #�a rx.3 {rd, 31, 2006 is the date of compliance. To assist governmental purchasers to Note that a 40%overall buy more environmentally preferable A measurement is to be obtained in products, here are five points of ° Release Reduction, and a 50% consideration: reduction is to be met in Use V9, Always conslder"green" in normal Reduction. purchasing decisions The Federal Government has many W Eliminate pollution potential f entitles, from office buildings to whenever possible r courthouses, prisons to ship yards. Compare environmental irripacts l The many facets of government when selecting products '�A . � g p changes from local region, to state, t Measure and collect product to city, to county. However, one thing information on respected, is the same.They are ail federal meaningful, accurate and facilities.All given the same goal. environmental performance Assess the product's iifecycle Spartan's Green Solutions products meet these points of consideration and will assist the various levels and entities t. of federal departments and agencies in t meeting their goals. To find more in depth information visit http://www.epa.gov/fedsite/eol 3148.htm For more information at the national level, research PRESIDEAITIAL y EXECUTIVE ORDER 13148 DP tF y m APRIL 22,2000. K � � Y k Y F C €_ FAN FbH I F A L T H CLEAN E0R CNVIRbNN.1ENT_T� wj Disiniects,Cleans,Deodorizes Bactericidal,Viricidal,Fungicidal qM7 & � SOL_, U WTI High Dilution CLEAN FOR GOOD HEALIH USE ON MULTIPLE SURFACES Only a regularly scheduled cleaning Green Solutions High Dilution Disinfectant nt 25 and maintenance program is going Disinfectant 256 cleans and CPA Reg. No. 1839-167-5741 to eliminate daily dirt, grease and disinfects hard, non-porous EPA Est. No.57€1-OH-1 grime. It is important to remember inanimate environmental surfaces, that only disinfecting is going to take such as floors, walls, metal surfaces, is a high yield, phosphate-free those surfaces to the next level of stainless steel surfaces, porcelain, formulation with no added dye or clean—which is disinfection. glazed ceramic tile, plastic surfaces, fragrance. It provides effective bathrooms, shower stalls, bathtubs, cleaning, deodorizing, and LEAN DILUTION AND disinfection at 'u 112 ounce of LESS FnEQUENT PRODUCT and cabinets. It's also designed for just SWITCH-OUT cleaning and disinfecting. concentrate per gallon of water. Economy and reduced product Green Solutions High Dilution ASSISTS IN PROVIDING A CLEAN container switch-out are two key Disinfectant 256 is excellent for use AND SANITAW ENVIRONMENT features that high frequency end- in larger areas, such as operating Clean is good, but disinfection is a users need. Green Solutions t-ligh rooms and patient care facilities. must and is an integral part of the Dilution 256 provides both of these This product effectively cleans floors equation in the maintenance of features. Each 2-liter container without dulling the shine of floor many facilities. provides 135 gallons of fresh finish. cleaning and disinfecting solution. KILLS ANTIBiOT is-nESiS TANT z And, each gallon size container BACTERIA provides 256 gallons of fresh Green Solutions High Dilution product, minimizing product Disinfectant 256 destroys many ' container switch out, plus antibiotic-resistant bacteria. It is also maximizing vague. effective against other disease EASY TO USE causing pathogens, both gram negative and rangy positive. See NO RINSING t�EC�IJiRPI� g g p .. The neutral pH, quaternary product label or informative bulletin disinfectant cleaner is formulated to for a complete list. kill a broad spectrum of JUST SAY NO... microorganisms without rinsing and W, NO PHOSPHATES without leaving a film residue. Formulated with Tetrasodium Green Solutions High Dilution ED TA to provide excellent Disinfectant 256 kills pathogenic performance in hard water microorganisms on hard non-porous without eutrophication concerns inanimate environmental surfaces. associated with phosphate Many industries have numerous high builders. touch, high traffic surfaces that FH NO CAUSTIC OR ACIDIC pH contribute to cross contamination Neutral pH will not dull high gloss within their population. Use Green floor finish. Solutions High Dilution Disinfectant fry NO ADDED DYE OR 256 wherever those same added FRAGRANCE benefits of disinfecting are important. Eliminating the concern for individuals with allergic or ATHLETIC & RECREA!ZONAL adverse responses to perfumes FACILITIES and to colorant chemicals. V4 LODGING ESTABLISHMENTS NO HARSH BUILDERS 4 Does not contain sodium 11A MANUFACTURING FACILITIES hydroxide, metasilicate or I`% OFFICE BUILDINGS x hypochlorite which may damage IM RETAIL BUSINESSES some environmental surfaces. SCHOOLS l NO NONYLPHENOL H TRANSPORTATION ITH®%tYLATE Green Solutions High Dilution FA TERMINALS Disinfectant 256 uses an alcohol ethoxylate surfactant. CLEAN FOR HEALTH C L E A W F O R E N V I R O N Id E N T Z> ar L3OLU I- ION Neq..xpr'r l D WBnfacha i t MUL I-SURFACE USES Versatile, Green Solutions Neutral a in elr Disinfectant Cleaner disinfects EPA Reg. No. 1839-169-5741 inanimate environmental surfaces. EPA Cst. No.5741-OH-1 Use on floors, walls, metal surfaces, has been included in the stainless steel surfaces, porcelain, F Green Solutions product assortment glazed ceramic tile, plastic surfaces, i p for human health concerns. Certain bathrooms, shower stalls, bathtubs, -° facilities and areas of facilities need and cabinets. It's also designed for general cleaning and disinfecting. the effectiveness of germicidal and Green Solutions Neutral Disinfectant virucidal products, and those C attributes are found in a disinfectant leaner is excellent for use in larger cleaner. Eliminating various viruses areas, operating rooms and patient and bacteria by thoroughly cleaning care facilities. and disinfecting is one way of EXCELLENT DEODORIZER minimizing the spread of disease Green Solutions Neutral and illness. Disinfectant Cleaner deodorizes (A100k2II16 A DIStNF ( TAN e hard-to-keep-fresh-smelling areas, 1. Is there a threat of infection from such as garbage storage areas, contact with environmental empty garbage bins, toilet bowls, surfaces? and other areas that are prone to 2. Use an effective and proven odors caused by microorganisms, disinfectant that is registered JUST SAY NO... with the EPA. N NO NONYI!PHENOL 3. Choose a disinfectant that ETHOXYL"ATE minimizes environmental risk Green Solutions Neutral and worker safety impact. Disinfectant Cleaner uses an ONE THING TO KNOW... alcohol ethoxylate surfactant, a more biodegradable. Green Solutions Neutral surfactant.l g Disinfectant Cleaner meets all t NO PHOSPHATES three considerations. Formulated with Tetrasodlum PRODUCTPERFORMANCE EDTA to provide excellent WIT HOUT DAMAGE performance in hard water r � �z I, The neutral pH quaternary without eutrophication concerns I disinfectant cleaner is formulated to associated with phosphate kill a broad spectrum of builders. A' I° i microorganisms on non-porous i NO ADDED DYE OR surfaces. It quickly penetrates and FRAGRANCE 3 /^✓c°' F 3 removes typical soils, disinfects and Eliminating the concern for performs as a mildewstat. individuals with allergic or KILLS MANY ANTIBIOTIC- adverse responses to perfumes RESISTANT DACTEI eIAtVIRUSES and to colorant chemicals. Green Solutions Neutral Disinfectant fA NO CAUSTIC OR ACIDIC pH Cleaner is effective against Neutral pH will not dull high antibiotic-resistant bacteria like gloss floor finish. l „ 1?r 1+3� jail rz methicillin-resistant Staphylococcus VJ NO HARSH BUILDERS aureus (MRSA) and vancomycin- Does not contain sodium ' r} resistant Enterococcus faecalis hydroxide, metasilicate or (VRE). Green Solutions Neutral hypochkorite which may Disinfectant Cleaner exhibits damage some environmental activity effective virucidal Y surfaces. I-iBV, HCV, HIV-1, HIV-2, Bovine Viral Diarrhea Virus (BVBD) and I-luman i J Coronavirus (ATCC VR-740, strain 229E) and a host of other viruses. GLEAM FOR Hr ACTH G L I A N FOR ENVI ROM MENT Disinfects, Cleans, Deodorizes Kills Siaphylacoccus aumus, Pseudomonas aeruginosa and Salmonella choleraesuis EPA Rog. No. 5741-25 EPA FsL No.5741-0I-1-1 is a ready-to-use, citric acid-based, toilet, urinal and shower room , cleaner, disinfectant and deodorizer. ,,- Use it to clean, disinfect and deodorize basins, bowls, shower roorn %valls, floors and most acid- resistant rostroom si.irfaces.Quickly removes soap scum, water spots j and light rust. Note: Do not use on non-acid resistant surfaces.-this product will etch or otherwise damage marble or other non-acid resistant surfaces. Green Solutions Hostroorn Cleanor i N i is effective against: H Staphylococcus aureus 1 Pseudomonas aeruginosa ; 1 xd Salmonella choleraest,is I ! CLINGING CLEAWICA Aim'T ION Green Solutions rostroorn Cleaner I f3 iovides horizontal and vertical clinging action to promote longer contact time with surfaces, which ' �r enhances cleaning ability without a <$ r strenuous physical labor. a j 1 ALL-IN-ONE SAVES TIME AND MONEY t �FR i �Green Solutions Restroom Cleaner i F' a g is all that is needed to address the cleaning and disinfectant needs of ` z busy, high traffic restrooms.Only ? 7 Ai minimal custodial training time is ; f needed. Easy to use, plus multiple tasks snake Green Solutions an economical choice.Green Solutions Restroom Cleaner may also be diluted 1:10 for light-duty restroom cleaning. t JUST SAY NO... t tr F r NO MIXING NO WASTE €a NO SPILLS Green Solutions Restroom Cleaner is an institutional and industrial use product which is recommended for use in hotels and motels, hospitals, office buildings, schools, public buildings, and restaurants. C L E AN F O R H E A L T H C L E A N F O R E N V i R 0 N M E N T S 0 1 UT ] aw8 G'Carp(-A Manor INDOOR AIR QUALITY AND is a true winnerl Green Solutions TODAY'S SOCIAL.CONCERNS Carpet Cleaner is versatile enough Respectful of the environmental to meet all extraction process and issues of today, the product is environmental needs. Plus, it is ideal formulated without the addition of for use on all types of quality carpet dyes or fragrances that some including stain-protected carpets. individuals may be sensitive to, or Ecologically sound and find offending, environmentally conscior-ts, the EonMULATED FOR THE FUTURE carpet cleaner acts quickly to Green Solutions Carpet Cleaner penetrate, emulsify and remove incorporates a state-of-the-art soils. It will not harm metal or surfactant system eliminating the rubber, and is safe to use in all need for nonylphenof detergents. types of extraction equipment, Some carpet cleaners and spotters including direct hook-up and solf- depend on this type of detergent for contained tank type cleaning g their cleaning ability. Green Solutions extraction. Biodegradable, the Carpet Cleaner offers excellent. formulation is non-flame-table and surfactant/wetting agents with non-corrosive. emulsification abilities through the USE ON ALL CARPETS use of more readily biodegradable A powerful, low-foaming surfactant alternative surfactant chemistries, system acts fast for effective eliminating the need for nonylphenol i extraction cleaning and is friendly to detergents. all types of carpet.The product JUST SAY NO... formula is engineered to be safe for r° NO PHOSPHATES stain-resistant carpet and untreated r NO SPECIAL STORAGE carpet.This is possible due to the M NO DYE utilization of an anionic detergent, H NO FRAGRANCE near neutral pH, and no solvents. Green Solutions Carpet Cleaner leQ1 NO CLIELATING AGENTS dries to a crystal, which is easily Will not tie up heavy metals and removed through vacuuming. Suds make them difficult to treat.The are not a problem; it will not clog no cholating agent formula is less equipment or inhibit the efficiency of likely to pick up heavy metals in a vacuum pick-up. the cleaning application. Spent REDUCES RESOI ING cleaning solution is easily treated The extraction process forces the in wastewater treatment facilities. cleaner into the carpet and quickly [A NO HUTYL, NO GLYCOL removes most liquid through the ETHERS, OR OTHER vacuum process, so exposure to the SOLVENTS product is brief. Green Solutions Very effective without the use low-foaming anionic wetting agents of butyl. Butyl is restricted from rapidly penetrate and emulsify use in many facilities including grease, oil, and ordinary soil, many government facilities. , facilitating easy removal through the f%l NO SARA SECTION f®N 313 extractor vacuum pick-up process. REPORTABLE INGREDIENTS ` This process, combined with the Does not contain any hazardous r unique formula, eliminates residual q ingredients listed under SARA - 1 so no sticky or oily residue is left behind which would contribute (Superfund Amendments ;w . Reauthorization Act) Section 313. to recoiling. No need to report use of Green Solutions Carpet Cleaner WOOLSAFE approved maintenance to the EPA (Environmental product for wool and wool-rich carpets. Protection Agency) or registered SARA coordinator. C L E A N F U R F E A 1, T H CLEAN FOR FNViR0NM €= w 0 r� Floor Seqal & Finish Floor Fird h Berrolow-w CONCENTRATED FORMULA - is modern polymer technology.The is a very effective finish and wax HIGH DILUTION a formula features: exceptional clarity, emulsifier.The low odor remover is MAXIMUM ECONOMY depth of gloss, and superior fast acting and pleasant to use. Concentrated and economical to durability, without yellowing. use. Dilute Green Solutions Floor y y g USE 2� HOURS A DAY! Remover up to 1:20 6 oz./ EASY APPLICATION ANYTIME AND ANYWHEIIE! gal.Finish h cold water) and remove even Applies without mop drag and Breathe easier, it is fragrance free tough finish build-ups. features superior plasticizers, and contains low VOCs (volatile allowing for faster recoating of floors. organic compound). Use with JUST SAY NO... Superior leveling provides a finish confidence in public buildings and Fl NO BUTOXYETHANOL that responds well for gloss renewal facilities with confined areas.A N NO DYE without powdering. perfect choice for healthcare N NO AMMONIUM HYDROXIDE MAINTENANCE facilities, retail establishments, P LOW ODOR Green Solutions Floor Seal & Finish schools, administrative type offices A NPNURAL FIT FOR THESE is responsive to high-speed and public buildings. No need to MARKETS burnishing for renewed gloss. schedule floor stripping during`off JA HEALTH CARE Detergent-resistant formula makes hours"due to offensive odors. ENTERTAINMENT the finish easy to clean and repair. FAST-ACTING EMULSIFIOAT ION COMPLEXES RESTORE AND EASY RINSE W HOSPITALITY Dilute for use as a mop-on restorer Heavy build-ups of finish and wax €A RESTAURANTS with high-speed equipment. are removed with little effort due to W RETAIL Spraybuff with Green Solutions the fast release action of KA MASS TRANSIT Floor Seal & Finish or high-speed Green Solutions Floor Finish dry buff to renew and enhance Remover.The easy rinse formula is an ideal choice for removal of ,-P.5xY This product meets Green Seal's standard for brilliance and gloss. F� industrial and institutional floor-care products Green Solutions Floor Seal & Finish based on its reduced human and aquatic JUST SAY NO... and other cross-linked finishes. `i4 toxicity and reduced smog production potential, NO HEAVY METALS * NO HEAVY CHEMICAL ODOR * NO UNPLEASANT ODORS Zinc-free co-polymers are the basic building blocks of - Green Solutions Floor Seal & Finish.This alternative reduces effluent toxicity and offensive ammonia odors. fl M NO FORMALDEHYDE Alternate, non-formaldehyde microbiocides are used as .' preservatives and are not suspected carcinogens. 'E H NO GLYCOL ETHER z � Advanced polymer technology and a unique specialized R1. surfactant blend replace the n€ed for a glycol ether. " LOW AMMONIA AND � OW VOCs Green Solutions Floor Seal & Finish contains very lower amounts of volatile organic ' compounds. It has less than 1110% ammonia and no formaldehyde, so no overpowering odors. f; L O A N F O R JA l. LT H C L E A N r 0 11 E H V f 11 0 N I J L' r l F r JUST SA Y C�tCs.. is formulated to tackle difficult 1>3 NO CAUSTICS cleaning tasks.i he non-toxic, 11 NO PHOSPHATES heavy-duty liquid cleaner is I NO SOLVENTS formulated with a super surfactant t NO DYE i x cleaning system.i he concentrated 1 NO NONYLPHENOL ;t cleaner is engineered to quickly E I-HOXYLNi ES remove petroleur-based soils with C f NO OFFENSIVE ODOR efficiency.The superlor wetting NO HARSH DETERGENT action performs the cleaning and f=f NO BLEACH I degreasing, providing quick i f NO AMMONIA 1, penetration and initial removal of l A NO BUTYL everyday petroleum based soils. It GLEANS VARIOUS SURFACES, removes motor oil, hydraulic ABE- AS AND FACILITIES fluid, lithium grease, lubricant oils and stamping oils. Sur'races Facilities RESPECTFUL 91 FIf= concrete factories ENVIRONMENT ceramic warehouses ceramic distribution centers An effective environmental alternative to many traditional stainless mass transit systems y mild steel garages industrial degreasers. Contains a metal auto dealerships biodegradable surfactant package, plastic service centers without solvents, and no VOCs. cast Iron repair shops Green Solutions Industrial Cleaner Copper construction companies does not adversely affect indoor air quality. No SAGA Title !fl brass trucking industry ingredients to report. Use of large `Yeas quantities of Green Solutions concrete floors block and brick walls Industrial Cleaner will not cause a equipment industrial restroorns rise in pH above the allowable loading docks locker rooms discharge limit for municipal service bays drive-in window areas wastewater codes. VEHSATILE AND ECONOMICAL LAW phf Moderate foaming allows Traditional industrial degreasers Green Solutions Industrial Cleaner have a pH range of 11 to 12 or to be applied with a mop and bucket, higher.Green Solutions Industrial through a coarse sprayer, in Cleaner offers a lower phi of 9 and conjunction with a pressure washer, still maintains cleaning and or in automatic floor scrubbers. degreasing performance. This product meets Green Seal's environmental standard for induslOal and tnslitulional c'earers ' based on its reduced human and aquatic � JY toxicity and reduced smcg pmduc#ion potential. O C1_ [_ f� l�l i Ull IIf. AL. T 3 C L C 13 F O R L N V ! i i 0 A I M b f�! .L. --- C�r tIp ff11�,�ac I GREEN SOLUTIONS SAM PHESS & FILL AN'0 STAINLESS STEEL LOCK & DIAL SAM ACCURATE MI A jPy6R 2-LI T EH SYSTEM DISPENSING SYSTEM D15- P SAriq n ys#,Ql fi�,`3 Constructed of stainless steel, the Both chemical management A fundamental key to worker safety Green Solutions lock & Dial systems are ideal dispensing is minimizing contact with chemicals. dispenser is synonymous with solutions for standard packaging Instituting a chemical management strength and durability.The easy to sizes. Gallons, pails and drums are program for cleaning chemicals use and install dispenser mounts container size options to consider makes that objective easy to with just 2 screws and weighs only when managing your chemical use achieve and maximizes product 9-1/2 pounds.To use, dial and select with these dispensing units. Both performance, minimizes employee the product of choice or the rinse chemical management systems product confusion, reduces cleaning application. Press the Button to fill a minimize employee contact with chemical cost and assists with trigger spray bottle, fill a bucket or concentrated products and increase inventory control. auto scrubber.The locking cabinet worker safety by automatically and stores up to four 2-liter product accurately diluting Green Solutions Spartan has chemical management cartridges inside the unit, providing standard packaging sizes.Various options available for your security and worker safety.A features include and vary by the unit Green Solutions dispensing needs. "viewer"window allows for easy to selected; however, a few of the Standard product packaging is see product identification.The drip options include color-coded labeling easily dispensed through the SAM tray doubles as a spray shelf for the for easy identification, visual Press & Fill, or the SAM Accurate pearlized silk-screened ready-to-use graphics to assist in proper Measure Dispensing System.The 2-liter trigger spray bottles. Dispense application and use, and locking convenient 2-liter package is four different products at both high units. engineered to work with the new and low flow rates."Y"hose-barbs Green Solutions Stainless Steel permit dispensing of one chemical at Lock & Dial and Spartan's entire two dilutions or one chemical at high family of Clean on the Go chemical flow and low flow.Coordinating color management dispensing systems, and number coded product labels Chemical management has never make each dispenser a custom fit for been easierl identifying products currently in use for each dispensing system. I WIN wg kX w i e ! a { rf r r J C L. FAN FoA HIAt_ 711 C L E A N F o R' lw N V I R 0 N N1 r-* t S! r tac,kra go'n 9 FORMULAi ED O PERFORM Green Solutions 2-liter cartridge Green Solutions products are AT 2 OZ.1 " concentrates are packaged four per packaged utilizing an increased Each 2-liter is formulated to perform case. Designed and engineered for amount of post consumer regrind at 2 ounces per gallon, simplifying use in the Green Solutions Stainless plastic. Drums are absent of silk- use and minimizing confusion while Steel Lock& Dial, or Clean on the screening, eliminating the need to providing 33-gallons of fresh, ready- Go chemical management systems. have it removed prior to recycling. to-use product. Silk-screened, ready- Concentrate label copy is available Inks used to silk-screen pails, gallon to-use trigger spray bottles are in English, French and Spanish. and quart containers are lead free. available that match the 2-liter Ready-to-use label copy is also Paper drum labels and adhesives container, making the 2-liter system available. are all-recyclable. easy to use and understand. CONTAINER SIZE ASSORTMENT 2-LITER CARTRIDGE Green Solutions products are Promote worker safety with the easy -gallon in the 275 reusable to use and understand, color and '; ` f tote, where applicable; HDPE (High number coded, 2-liter cartridge. �� � � � ,.„ Density Polyethylene) 55, 30, and "- -gallon drums;5 g allon pails;with the 1SDS inside each carton of product, the 2-liter gallons, four per case;and 2-liters, Green Solutions cartridge features a ;" four per case.Greon Solutions color and number coded labeling ,` � Restroom Cleaner is available in system.This allows for ease of use carafe style quart bottles, 12 per for those who do not speak English, case. Each quart is equipped with a plus the cartridge also includes flip-top dispensing cap. Each case Spanish and French languages. includes a pair of gloves and one p foam trigger sprayer. Label copy is Green Solutions Collection Cards 9358 available in both English and Green Solutions wall Foster 9071 Spanish. Ready-to-use labels are also available. Green Solutions products are packaged in kraft cartons due to the high recycled fiber content. After use, they are 100% recyclable. I ' Be sure to read all Directions, Precautionary nd First Aid on' Statements product labels before use of this or any Spartan product. y > � � r � Material Safety Data Sheets for all N Spartan redacts are available from t Y your authorized Spartan distributor fey, vl$lting rp spartanchemical.com. l QVY � I .�11t' YocLf: ' r k 1 i"fw4dv�a i�7+,iYVaEsast y k! �11ya37+ Ta ME mg z Green Solutions High Dilution Disinfectant is formulated at a lean' x Iz ounce dilution ratio. C L E A N F 0 R H E A LT H C L F A N FOR E N V I R0NMEIgT CAN M 1 5EA4 t SQLUT10NS All Purpose Cleaner FORMULATED WITH rd NO SARA SECTION 313 is an ecologically sound, ECOLOGICAL AND REPORTABLE INGREDIENTS environmentally conscious, ENVIRONMENTAL CONCERNS Green Solutions All Purpose all purpose cleaner, formulated to Biodegradable. No phosphates. Cleaner does not contain any quickly penetrate, emulsify and Green Solutions All Purpose Cleaner hazardous ingredients listed remove light to medium soils. is easily waste treatable. under SARA (Superfund All Purpose Cleaner is formulated to JUST SAY NO,,, Amendments Reauthorization respect the environmental issues of Act) Section 313. No need to NO ®YE report use of Green Solutions today, including those of water and Non-viscous and water white. All Purpose Cleaner to the EPA waste treatment facilities. Clear in color without the (Environmental Protection FORMULATED FOR THE FUTURE addition of fragrance or dye. Agency) or registered SARA Green Solutions All Purpose 113 NO CHELATING AGENTS coordinator. Cleaner incorporates a state-of-the- Will not tie up heavy metals and VERSATILE art surfactant system, eliminating make them difficult to treat. Less Use on any surface not harmed the need for nonylphenol detergents. likely to pick up heavy metals in by water.Apply with mop, brush, Many current cleaners and the cleaning application. Spent pressure washer, auto scrubber, €fegreasers depend on this type of cleaning solution is more easily or use spray and wipe.method detergent for their cleaning ability. treated.in.wastewater treatment for use on walls and eguiprr ent. Green Solutions All Purpose fa..cilities. Cleaner offers excellent surfactant f�0 SILICATES LIGHT OR MEDIUM and wetting agents with . Will not cause problems with CLEANING CAPABILITIES emulsifica#ion abilities through the.. wastewter Green Solutions AI Purpose use of more readily biodegradable treatment systems or add Cleaner degreases and cleans alternative surfactant chemistries, residue, floors; walls,metal,stainless steel, NO VOCs porcelain—nearly any surface not 1IOC-free and wil! not add to.the harmed by water. ©. di ig on the total VOC count in an industrial dilution, Green Solulions All facility. Purpose Cleaner pe f orm. ff i ght NO BUTYL,NO GLYCOL medium with ease, to more ;OR OTHER SOLVENTS aggressive cleaning of metlEUm ETHERS Green Solutions All Purpose soiled surfaces. Cleaner is very effective without ? 1 the use of butyl Butyl is not permitted,in many.:large , .' _ manufacturing plants, government and automotive production facilities. ' Green Solutions All Purpose r Gfea Here, when used as tftrectecl, is more envtronrrenfally -- ~ respectful than most comparable t �m t }e�lraducts and economicall, ' YP p y t•. IdRW priced. s-� t 5� 1 'fix QeE� SEA, T3>s product reels Green Seal's environmental slandaid for indusirial and snsliluimnal clearers o `�;�3�ased an-its reduced human and aqualrc toxicity cfs+` :and reduced smog production polential O ,t t _ $ —. - y CLFAN FOR HEALTH CEFAN FOR ENVIRONMENT S0LUT1 ® NS Glass c��t` Cleaner PERFORMS FAST AND WITHOUT 1 Ia Ia 0 1 is an ecologically-sound, EFFORT environmentally-conscious glass Green Solutions Glass Cleaner cleaner, formulated to quickly provides superior wetting, which penetrate, emulsify and remove dirt suspends and penetrates soil for fast swiftly and with minimal effort.The and easy removal.The formula dries glass cleaning formula, created with quickly without streaking, plus no respect for the environmental issues rinsing is required. a of today, is water white.The product USE"WITH PEACE OF MIN®gi does not contain any fragrances or Ecological and environmental � dyes, concerns are addressed in the THE FUTURE IN formulating of Green Solutions CLEAR VIEW Glass Cleaner. It is biodegradable Green Solutions Glass Cleaner and phosphate free. Green Solutions incorporates a state-of-the-art Glass Cleaner is easily waste surfactant system offering treatable. ` excellent cleaning.And, the JUST SAY NO... readily biodegradable N®V®Cs surfactants make the product environmentally Green Solutions Glass Cleaner preferable. is VOC-free and will not add to the total VOC count in any MULTI-TASKING IS EASY facility. j Use on glass, windows, and mirrors, and other 123 NO BUTYL, NO GLYCOL surfaces not harmed by ETHERS,OR OTHER water, including SOLVENTS frE countertops, chrome trim, Green Solutions Glass Cleaner ' display cases, fluorescent is very effective without the use i . lights, salad bar/dell/fast of butyl. Butyl is not permitted in food sneeze guards, walls many largo manufacturing and door casings.All are plants, government and °r ideal places where Green automotive production facilities. " Solutions Glass Cleaner Green Solutions Glass Cleaner, can clean.Simply spray when used as directed, is more and wipe! environmentally respectful and economical! priced. _ AGGRESSIVE Y p i r DEGREASING EASING NO SARA SECTION 313 PEnrORMANCE REP©RTl1I3LE INGREDIENTS 3 c >r Green Solutions Glass Green Solutions Glass Cleaner I Cleaner has a mild yet does not contain any hazardous ;r f powerful detergent complex ingredients listed under SARA f - that targets dirt and grime (Superfund Amendments f with superior emulsification Reauthorization Act) Section ills - properties for fast and 313. No need to report use of Green Solutions Glass Cleaner { Vf a effective cleaning. to the EPA (Environmental Protection Agency) or registered SARA coordinator. i ��SFA1 This product meets Green Seal's environmental n standard torindustrial and inslitutional cleaners tl 4 based on its reduced human and aquatic cm,`t�' toxicity and reduced smog production potential. i ti C L E A N F D R H E A L T H CLEAN FOR ENVIRONMENT j, o SOLUTIONS Green SOILItions Products have been formulated by Spartan's in-house laboratory learn consisting of both chemists and microbiologists. Regulatory issues have been addressed and meet or exceed the WIR most current environmental r concerns and those on the - � foreseeable horizon, offering peace of mind wheel selecting ` n r Green Solutions. Raw materials are tesled.before use ¢ ry to ensure the meet Spartans rigorous specifications.A sample ! from each incoming raw material shipment W e' r All products are period n f one Spartan's state-of-the-art computer batchin g system,'minimizing the , . possibility of human'error. Each batch`iF new product must`pass duality control standards and be to, i 1 Y s released by our quality control '� chemists before it is pumped into its respectim holding vessel. Samples every:batch of product are kept r for at least Pne year.Through a code dating system, Spartan can match' the retained samples against u :pro d u n ctt end user's facility.All � . drums and pails ale safely"seatedr far,protection before leaving Spartan's manufacturing plant. s t F ;-M SUI-IPQR�wl(�.W®1(3KE^t, SAFETY " parlati. 5 commilfeda a cleaner a ? enyiranmenf through tli`e MGM � manufacture and markeiing of maintenance products that are �= formulated with concern fQr health M" and safety of maintenance 3... professionals.Creating products that suppei:t'a cleaner environment also i supports the same degree of Jolerance for vvertcers: t r ' .: : y t a.: f � Y leall for Health Glclan.46r Environment 0 n' 3 �� C.�l.JAf�l�f�Tr r ? r x f � � 2 Spartan's modern. �N manufacturing and M a w laboratory control insure uniform jn- -, � quality. If ,v fi dissatisfied with performance of _ N r product, any unused portion may be returned for credit within one year of l r the date of M anufacture. Use N - product as di rected and read all precautionary statements. For Institutional and Industrial Use Only r `3f'Ati'1AN E,I°fI IV1fCAL COMPANY, INC. 1110 Spartan Drive/Maumee, Ohio,43537 ` 1-1300-537-8990 www.spartan0tiomical.corn ?t}c <?rl www.green-s.olutlon.com Distributed by: • ��� -L-.... (I�,3't 3�`i ���- ��SCfll �� �r+erreea i--•ll{ r ��I� rie fp.rt ALLY P'ttlisMEP "Green" Hgtel3&!iociatfon F:4LP// .,Flzcdo'slscc, in"'� � [ FSC American Saci.ly or Tiu,ti Ag-'s Ponted on Green Seal - 2GOIEncimn,rcoIat Award Winn er ceriiffed paper andcontains 100%post-'consumer fibcr ©5CC 5107 Safety Data Sheet Spartan Chemical Company, Inc. Revision Date: 02-Oct-2014 7 PRODUCT A ©.COIl41Y:i131IT11=1CA Product Identifler Product Name: BIDRENEWABLES GLASS CLEANER Product Number: 3835 Recommended Use: Cleaning agent Uses Advised Against: For Industrial and Institutional Use Only Manufacturer/Supplier: Spartan Chemical Company,Inc. 1110 Spartan Drive Maumee,Ohio 43537 USA 800-537-8990(Business hours) www.snartanchemical.com 24 Hour Emergency Phone Numbers: Medical Emergencylinformation:888-314-6171 Transportation/Spill/Leak: CHEMTREC 800-424-9300 HAT ►RDS:IDENTIFCAT1taN GHS Classification Serious Eye Damage/Eye irritation: Category 28 GHS Label Elements Signal Word: Warning Symbols: None Hazard Statements: Causes eye irritation. Precautionary Statements, Prevention: Wash hands and any exposed skin thoroughly after handling. Response: -Eyes Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do.Continue rinsing. If eye irritation persists:Get medical attention. -Specific Treatment: See Safety Data Sheet Section 4:"FIRST AID MEASURES"for additional information. Storage: Not Applicable Disposal: Not Applicable Hazards Not Otherwise Classified: Not Applicable Other Information: -May be harmful if swallowed. Inhalation of vapors or mist may causd'respiratory irritation. • Keep out of reach of children. c. .COMPOS1T1QN1lNFORMATIG> .ON.1?IGR QIENTS . . Chemical Name CAS No Wei ht% water 7732-18-5 60-100 alkyl polygluooside 68515-73-1 1-5 cocamidopropyl hydroxy sultaine 70851-08-0 1-5 alkyl polygluooside 11061547-9 I 1-5 Page 1 /4 3835- SIORENEWABLES GLASS CLEANER Revision Date: 02-Oct-2014 fragrance PROPRIETARY 0.1-1 Specific chemical identity and/or exact percentage of composition has been withheld as a trade secret. . � ` . . ' � -Eye Contact: Rinse cautiously with water for at least 15 minutes. Remove contact tenses, if present and easy to do.Continue rinsing. If eye irritation persists:Get medical attention. -Skin Contact: Wash with soap and water. If skin irritation occurs: Get medical attention. -Inhalation: Remove victim to fresh air and keep at rest in a position comfortable for breathing.Call a poison control center or physician if you feel unwell. -Ingestion: Rinse mouth. Do NOT induce vomiting. Dever give anything by,mouth to an unconscious person.Get medical attention if you feel unwell. Note to Physicians: Treat symptomatically. ;:FIREyF1�H7( t 1�1 �4SU' E Suitable Extinguishing Media: Product does not support combustion. Use extinguishing agent suitable for type of surrounding fire Specific Hazards Arising from the. Dried product is capable of burning.Combustion products are toxic. Chemical: Hazardous Combustion Products: May include Carbon monoxid$Gartion-dloxide and other toxic gases or vapors. Protective Equipment and Wear MSHA/NIOSH approved self-contained breathing apparatus(SCBA)and full Precautions for Firefighters: protective gear. Coot fire-expo!;ac}• antainers with water spray. Personal Precautions: Avoid contact with skin,eyes or cAothing:Use personal,protective.gquipment as required. Environmental Precautions: See Section 12 for additional Ecological Information. Methods for Clean-Up: Prevent further leakage or spillage if safe to do so.Contain and collect spillage with non-combustible absorbent material,(e.g.sand,earth,diatomaceous earth,venniculite) and place in container for disposal according to local/national regulations(see Section 13). 7. v , J. Advice on Safe Handling: Handle in accordance with good industrial hygiene and safety practice. Wash thoroughly after handling. ,. Storage Conditions: Keep containers tightly closed in a dry,cool and well-ventilated place. Keep out of the reach of children. Keep from freezing. 8 EXPOSURE GONTQLSIFRSQN #LR�7'ECTION . Occupational Exposure Limits, None established. Engineering Controls: Provide good general ventilation,, If work practices generate;du4l,fumes,gas vapors or mists which expose workers to chemicals above the occupational exposure limits, local exhaust ventilation or other engineering controls should be considered. Personal Protective Eauloment EyelFace Protection: Not required with expected use. Skin and Body Protection: Not required with expected use. Respiratory Protection: Not required with expected use. If occupational exposure limits are exceeded or respiratory irritation occurs,use of a NIOSH approved respirator suitable for the use-conditions and chemicals in Section 3 should be considered. General Hygiene Considerations: Wash hands and any exposed skin thoroughly after handling: See 29 CFR 1910.132-138 for further guidance. Page 2 14 3835- BIORENEWA13LES GLASS CLEANER Revision Date: 02-0ct-2014 PHXS :AL N. fig.::_@ earance/Ph sical State: Li ui l olor: Blue dor: Pleasant H; Undiluted:8.0-9.01 Diluted 1:84: 7.0-8.0 eIting Point/Freezing Point: lNo o information available. Boiling Point 1 Boiling Range: 00 °C / 232 OF Flash Point; 100 °C / > 212 OF Evaporation Rate: 1 (BuAc= 1) Flammability solid,gas)_ information available. Upper Flammability Limit: No information available. Lower Flammability Limit: No information available. a or Pressure: No information available. a or Density- No information available. Specific Gravity: 1.01 olubili ies : No Information available. Partition Coefficient: No information available. utoE nition Temperature: No information available. Decomposition Temperature: No information available. Iscosi No information available. 'I �STABILITY AND. aC�V1Y...:: Reactivity: This material is considered to be non-reactive under normal conditions of use. Chemical Stability: Stable under normal conditions. Possibility of Hazardous Reactions: Not expected to occur with normal handling and storage. Conditions to Avoid: Extremes of temperature and direct sunlight. Incompatible Materials: Strong oxidizing agents.Strong acids. Hazardous Decomposition May include carbon monoxide,carbon dioxide(CO2)and other toxic gases or vapors. Products: Likely Routes of Exposure: Eyes,Skin,Ingestion, Inhalation. Symptoms of Exposure: -Eye Contact: Pain,redness and swelling of the conjunctiva. -Skin Contact: Drying of the skin. -Inhalation: Nasal discomfort and coughing. -Ingestion: Pain,nausea,vomiting and diarrhF:3. Immediate,Delayed,Chronic Effects Product Information: Data not available or insufficient for classification. Numerical Measures of Toxicity The following acute toxicity estimates(ATE)are calculated based on the GHS document. Data not available or insufficient for classification. Com onent Acute Toxicity Information Chemical Name Oral LD50 Dermal l-13150 Inhalation LC50 water >90 mL/kg (Rat) Not Available Not Available 7732-18-5 Carcinogenicity: No components present at 0.1%or greater are listed as to being carcinogens by ACGIH, IARC, NTP or OSHA. Ecotoxicity Page 314 3835- BIORENEWABLES GLASS CLEANER Revision Date: 02-Oct-2014 Persistence and De radablli : No information available. Dioaccumulation: No information available. Other Adverse Effects: No information available. Disposal of Wastes: Dispose of in accordance with federal,state and local regulations. Contaminated Packaging: Dispose of in accordance with te64F81,state and local regulations. 4'TRANSPQtT1QRMAT�Q�t DOT: Not Regulated Proper Shipping Name: Non-Hazardous Product 'I .REGUL�ATQRY IF.O.RIVITC�N TSCA Status: (Toxic Substance Control Act Section 8(b)Inventory) All chemical substances in this product are included on or exempted from listing on the TSCA Inventory of Chemical Substances. SARA 313 This product does not contain listed substances above the"de minimus"level SARA 311/312 Hazard Cateaorles Acute Health Hazard: Yes Chronic Health Hazard: No Fire Hazard: No Sudden release of pressure hazard: No Reactive Hazard: No California Proposition 65 This product does not contain any Proposition 65 chemicals NFPA Health Hazards: 1 Flammability: 0 Instability: 0 _Special: NIA HMIS Health Hazards: 1 Flammability: 0 Physical Hazards: 0 Revision Dater 02-Oct-2014 Reasons for Revision: No information available. Disclaimer: The Information provided in this Material Safety Data Sheet is correct to the best of our knowledge,information and belief at the date of its publication.The information given Is designed only as a guidance for safe handling,use,processing, storage,transportation,disposal and release and is not to be considered a warranty or quality specification.The information relates only to the specific material designated and may root be valid for such material used in combination with any other materials or In any process,unless specified In the ioxt. End of Safety Data Sheet Page 414 ,,1 Ei Safety Data Sheet Spartan Chemical Company, Inc. spartani Revision Date: 21-Jan-2015 ,C1 RNTIi1`�l� l Product Identifier Product Name: CLEAN ON THE GO ACID BATHROOM AND SHOWER CLEANER [7] Product Number: 4724 Recommended Use: Cleaning agent Uses Advised Against: For Industrial and Institutional Use Only Manufacturer/Supplier: Spartan Chemical Company, Inc. 1110 Spartan Drive Maumee,Ohio 43537 USA 800-537-8990(Business hours) www.snartanchemical.com d/ 24 Hour Emergency Phone Numbers: Medical Emergency/information-888-314-6171 TransportatlonlSpill/Leak: CHEMTREC 800-424-9300 GHS Classification Acute Toxicity-Oral: Category 4 ' Skin Corrosion/irritation: Category 1 Serious Eye Damage/Eye Irritation: Category 1 GHS Label Elements Signal Word: Danger Symbols: Hazard Statements: Harmful if swallowed. Causes severe skin burns and serious eye damage. Precautionary.Statements: Prevention: Wash hands and any exposed skin thoroughly after handling. Do not eat,drink or smoke when using this product Do not breathe mist,vapors or spray. Wear protective gloves. Wear eye I face protection. Wear protective clothing. Response: IMMEDIATELY CALLA POISON CENTER OR PHYSICIAN. -Eyes IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses,if present and easy to do.Continue rinsing. -Skin IF ON SKIN (or hair):Take off immediately all contaminated clothing. Rinse skin with water or shower.Wash contaminated clothing before reuse. -Inhalation: IF INHALED:Remove victim to fresh air and keep at rest in a position comfortable for breathing. -Ingestion: IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. -Specific Treatment: See Safety Data Sheet Section 4:"FIRST AID MEASURES"for additional information. Storage: Store locked up. Disposal: Dispose of contents and containeff accordance with local,state and federal regulations. Page 116 4724- CLEAN ON THE GO ACID BATHROOM AND SHOWER Revision Date: 21-Jan-2015 CLEANER V] Hazards Not Otherwise Classified: Not Applicable Other Information: •Corrosive. Inhalation of vapors or mist may cause respiratory irritation. Keep out of reach of children. Chemical Name CAS No' Wei ht% urea hydrochloride 506-89-8 30-60 water 7732-18-5 15-40 alcohol ethox late 34398-01-1 5-10 Specific chemical identity and/or exact percentage of composition has been withheld as a trade secret. t ,. t . . 10"NO -Eye Contact: Rinse cautiously with water for at least 15 minutes. Remove contact lenses,if present and easy to do.Continue rinsing.IMMEDIATELY CALL A POISON CENTER OR PHYSICIAN. -Skin Contact: Take off immediately all contaminated clothing and shoes. Rinse with water or shower for at least 15 minutes.IMMEDIATELY CALLA POISON CENTER OR PHYSICIAN. -Inhalation: Remove victim to fresh air and keep at rest in a position comfortable for breathing. IMMEDIATELY CALL A POISON CENTER OR PHYSICIAN. -Ingestion: Rinse mouth.Do NOT induce vomiting. IMMEDIATELY CALL A POISON CENTER OR PHYSICIAN. Never give anything by mouth to an unconscious person. Note to Physicians: NOTE TO PHYSICIAN: Probable muco sal damage may contraindicate the use of gastric lavage. ` Suitable Extinguishing Media: Product does not support combustion, Use extinguishing agent suitable for type of surrounding fire Specific Hazards Arising from the Dried product is capable of burning.Combustion products are toxic.Contact with metals Chemical: may evolve flammable hydrogen gas:'Fieating above 230°F resu is in an exothermic decomposition with rapid release of carbon dioxide gpw, ? Hazardous Combustion Products: May include Carbon monoxide Carbon dioxide and other toxic gases or vapors. Protective Equipment and Wear MSHA/NIOSH approved self-contained breathing apparatus(SCBA)and full Precautions for Firefighters: protective gear.Cool fire-exposed containers with water spray. Personal Precautions: Avoid contact with skin,eyes or clothing; Use personal protective:equipment as required. Environmental Precautions,. Do not rinse spill onto the ground,into storm sewers or bodies of water. Methods for Clean-Up: Prevent further leakage or spillage if safe to do so. Contain and collect spillage with non-combustible absorbent material,(e.g.sand,earth,diatomace ous earth,vermiculite) and place in container for disposal according to local 1 national regulations(see Section 13). Disposal container should not be made of metal. 24 KMe x Advice on Safe Handling: Handle in accordance with good industrial hygiene and safety practice.Wash thoroughly after handling. Page 215 4724- CLEAN ON THE GO ACID BATHROOM AND SHOWER Revision Date: 21-Jan-2015 CLEANER[7] Storage Conditions: Keep containers tightly closed in a dry,cool and well-ventilated place. Keep out of the reach of children. Keep from freezing. Incompatible Materials: Sodium hypochlorile(or other hypochlorites). Reactive metals such as aluminum,zinc and tin. EXPOSURE C©M7"R�LS[PERSO'3NALP7 '.'_ E TL IN Occupational Exposure Limits: None established. Engineering Controls: Provide good general ventilation. If work practices generate dust,fumes,gas,vapors or mists which expose workers to chemicals above the occupational Pxposure limits,local exhaust ventilation or other engineering controls should betco.'isidered. Eye wash stations and shower f:cilities should be readily accessible in areas where the product is handled. Personal Protective Equipment Eye/Face Protection: Wear splash goggles. For severe use-conditions,wear a face shield over the goggles. Skin and Body Protection: Wear rubber or other chemical-resistant gloves. Respiratory Protection: Not required with expected use. If occupational exposure limits are exceeded or respiratory irritation occurs, use of a NIOSHIMSHA approved respirator suitable for the use-conditions and chemicals in Section 3 should be considered. General Hygiene Considerations: Wash hands and any exposed skin thoroughly after handling. See 29 CFR 1910.132-138 for further guidance. 9:-PHYSMA AND CHEIIAlG 4 . PROPERT]E3 .. Appearance/Physical State: Liquid Color: urple Odor: itrus fragrance H: 1 Meltin Point 1 Freezin Point: information available. Boiling Point 1 Boiling Range: 100 °C 1 212 OF Flash Point: > 100 °C f > 212 *F ASTM D56 Evaporation Rate: < 1 (Butyl acetate= 1) Flammability solid,gas)_ No information available. Upper Flammability Limit: No.information available: _€ Lower Flammabili Limit: No information,available. Vapor Pressure: No information available. Vapor Density: No information available. ecific Gravity: 1.17 otubili €es : Soluble in water Partition Coefficient: No information available, utoi nition Temperature: No information available. Decomposition Temperature: No;information-a4lable: " iscosi : No information available. M ;.., '!d.STAl4ILiTY ANA?REAGTIY�TY . Reactivity: This material is considered to tie iz�On-reactive under normal conditions of use. Chemical Stability; Stable under normal conditions. Possibility of Hazardous Reactions: Contact with sodium hypochiorite(or other hypochlorites)releases chlorine gas.Contact wilh aluminum or other reactive metals may release hydrogen,gas: Conditions to Avoid: Extremes of temperature and direct sunlight. Incompatible Materials: Sodium hypochlorite(or other hypochlorites). Reactive,metals such as aluminum,zinc and tin. Hazardous Decomposition May include carbon monoxide,carbon dioxide(CO2)and other toxic gases or vapors. Products: Page 1I b.. . 4724- CLEAN ON THE GO ACID BATHROOM AND SHOWER Revision Date: 21-Jan-2015 CLEANER[7] Likely Routes of Exposure: Eyes,Skin, Ingestion, Inhalation. Symptoms of Exposure: -Eye Contact: Pain, redness,swelling of the conjunctiva and tissue damage. Eye contact may cause permanent damage. -Skin Contact: Pain, redness, blistering and possible chemical burn. -inhalation: Nasal discomfort and coughing. Irritation or damage to the mucus membranes of the respiratory tract. -Ingestion: Pain,nausea,vomiting and diarrhea, Damage or chemical burns to mouth,throat and stomach. Immediate,Delayed,Chronic Effects Product Information: Data not available or insufficient for classification. Numerical Measures of Toxicity The following acute toxicity estimates(ATE)are calculated based on the GHS document. ATEmix(oral):. 814 mglkg. Com anent Acute Toxicity Information Chemlcal Name Oral L050 Dermal LD50 Inhalation LC50 water n 90 mUkg (Rat) Not Available Not Available 7732-18-5 Carcinogenicity: No components present at 0.1%or greater are listed as to being carcinogens by ACGIH, IARC, NTP or OSHA. Ecotoxicity No information available. Persistence and Degradabillty: No information available. Bloaccumulation: No information available. Other Adverse Effects: No information available. 13. O1SPU> �IL.Glt #3AQ+1 sA� r . . , . _ Disposal of Wastes: This material,as supplied, is a hazardous waste according to federal regulations(40 CFR 261). Contaminated Packaging: Dispose of in accordance with federal,state and local regulations. US EPA Waste Number: D002 74 TRANP� tT 1[ 4QR1"Ii DOT: UNIID No: UN1760 Proper Shipping Name: Corrosive Liquids,n.o.s.,(contains urea hydrochloride) Hazard Class: 8 Packing Group: II "" 1 :RE00WQRI"top TSCA Status: (Toxic Substance Control Act Section 8(b)Inventory) All chemical substances in this product are included on or exempted from listing on the TSCA Inventory of Chemical Substances. Page 415 4724- CLEAN ON THE GO ACID BATHROOM AND SHOWER Revision Date: 21-Jan-2015 CLEANER[7] SARA 313 This product does not contain listed substances above the"de minimus"level .. SARA 3111312 Hazard Categories Acute Health Hazard: Yes Chronic Health Hazard: No Fire Hazard: No Sudden release of pressure hazard: No Reactive Hazard: No California Pro asitton 65 This product does not contain any Proposition 65 chemicals �'18 OTNER,�T�t�flRM�T�ON , .. NFPA Health Hazards: 3 Flammability: 0 Instability: 0 Special: NIA HMIS Health Hazards: 3 Flammability: 0 Physical Hazards: 0 Revision Date: 21-Jan-2015 Reasons for Revision: No information available. Disclaimer. The information provided in this Material Safety Data Sheet is correct to tiie best of our knowledge,information and belief at the date of Its publication.The information given is designed only as a guidance for safe handling, use,processing, storage,transportation,disposal and release and Is not to be considered a warranty or quality specification.The Information relates only to the specific material designated and m y, iqt be valid for such material used in combination with any other materials or In any process,unless specified in the wx . End of Safety Data Sheet Page 6 16 Spartan Chemical Company, Inc. Material Safety Data Sheet SECTION I: PRODUCT INFORMATION Product Name or Number(as it appears on label): Product Division: GS HIGH DILUTION DISINFECTANT 256 Janitorial Product Number:3508; 2-Liter Cartridge 106: 3516 Spartan Chemical Company,Inc. ProducUTechnical Information: 1-(800)-537-8990 1110 Spartan Drive Medical Emergency: 1-(888)-314-6171 (24 hours) Maumee OH 43537 Chemical Leak/Spill Emergency:CHEMTREC 1-(800)424-9300 (24 hours) Shipping Description: Non-Hazardous Products NFPA Ratings: HMIS Ratings: Health: 3-Serious Health: 3-Serious Fire: 0-Minimal Fire: 0-Minimal Reactivity: 0-Minimal Reactivity: 0-Minimal Pers.Prot.Equip.: See Section Vill SECTION 11: HAZARDOUS INGREDIENTS (Listed when present at I%or greater,carcinogens at 0.1%or greater) All component chemicals are listed or exempted from listing on the"TSCA Inventory"of chemical substance s maintained by the U.S.Environmental Protection Agency. Table Z-1-A CAS TWA STEL CEILING NTP,IARC R Chemical Name(s) %Wt Nosh mg/m, mglm' mglm' Carcinogen Dialkyl dimethyl ammonium 10-15 68424-95-3 Not Established Not Established Not Established No chloride - - - - Alcohol ethoxylate 5-10 68439-46-3 Not Established Not Established Not Established No Alkyl dimethyl benzyl ammonium 5-10 68424.85-1 Not EstabA I.eu Not Established Not Established No chloride - - - - - Ethanol 1-5 64-17-5 1900 Not Established Not Established No Tetrasodlum ethylene 1-5 64-02-8 Not Established Not Established Not Established No dlaminetetraacetate - - - SECTION III: PHYSICAL.DATA Boiling Point:212'F Vapor Pressure: Not determined Vapor Density(AIR=1): Net determined Solubility in Water: Complete pH:6.5-7.5 Specific Gravity(H,0=1): 1.01 Evaporation Rate(but.ace.=1):<1 Percent Solid by Weight: 30-40 Physical State: Liquid Appearance&Odor: Clear to slightly yellow liquid,low odor I I SECTION IV: FIRE&EXPLOSIVE HAZARD DATA Flash Point:>212-F Method Used: ASTM-D56 Flammable Limits:Not Established Flame Extension: NIA Extinguishing Media: Product does not support combustion. Use extinguishing media appropriate for surrounding fire. Special Fire Fighting Procedures: Wear NIOSH approved self-contained breathing apparatus and protective clothing. Cool fire-exposed containers Wth water spray. Unusual Fire&Explosive Hazards: Combustion products are toxic. SECTION V: HEALTH HAZARD DATA Threshold Limit Value: Not established Primary Routes of Entry: Inhalation,Skin Contact,Eyes Effects of Overexposure- CORROSIVE. Conditions to Avoid: CAUSES IRREVERSIBLE EYE DAMAGE AND SKIN BURNS: Symptoms may Include pain, redness, swelling and flssue damage. May be fatal if absorbed through the skin. HARMFUL IF SWALLOWED. Symptoms may include nausea,vomiting,pain and diarrhea. INHALATION OF SPRAY MIST MAY CAUSE RESPIRATORY IRRITATION. Breathing spray mist may cause coughing and difficulty breathing?'.•. Do not get in eyes, skin or clothhE q. Do not taste or swallow. Avoid inhalation of spray mist. Wash thoroughly with soap and water after handling. Conditions Aggravated by Use: Use of this product may aggravate preexisting skin;eye and respiratory disorders Including asthma and dermatitls. Emergency&FlrstAld Procedures: Eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses;If present;after the first 5 minutes;then continue rinsing eye. Call a poison control center or doctor for treatment advice. Skin: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15.20 minutes.Call a poison control center or doctor for treatment advice. Wash contaminated clothing before reuse. Ingestion: Call a poison control center or doctor Immediately for treatment advice. Have person slp a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor, Do not give anything by mouth to an unconscious person. Inhalation: In case of respiratory irritation;move person to fresh air. If person is not breathing;call 911 or an ambulance then give artificial respiration;prefyrably by mouth-to-mouth;if possible. Call a poison control center or doctor for further treatment advice. s NOTE TO PHYSICIAN: Probable mucosal damage may contraindicate the use of gastric lavage. SECTION VI: REACTIVITY DATA Stability:Stable Incompatible Materials: Strong oxidizers Hazardous Decomposition Products: CO,COz Hazardous Polymerizat€on: Will Not Occur SECTION VII: SPILL OR LEAK PROCEDURES Steps to be Taken in Case Material is Released or Spilled: Small spills of one gallon or less maybe flushed with plenty of water to sanitary sewer system (if permitted by local sewer regulations). Dike and contain large spills with inert material and transfer liquid to containers for recovery or disposal. Waste Disposal Method: Same as above. Container disposal: Triple rinse(or equivalent)then offer for recycling or reconditioning,or puncture and dispose of in a sanitary landfill,or incinerate,or if allowed by state and local authorities,bum. If burned,stay out of smoke. SECTION VIII: SPECIAL PROTECTION INFORMATION Respiratory Protection: Not normally required when good general ventilation is provided. However,if respiratory irritation occurs, use of a NIOSH approved respirator suitable for the use-conditions and chemicals in Section II should be considered. Ventilation: Provide good general ventilation. Local exhaust ventilation may be necessary for some operations. Protective Gloves(Specify Type): Rubber or other impervious gloves are recommended. EYe Protection(Specify Type): Splash goggles are recommended to I:event eye contact. Other Protective Equipment: Eye wash stations and washing faciiitios should be readily accessible in areas where undiluted product is handled.. See 29 CFR 1910.132-138 for further guidance. ; SECTION IX: SPECIAL PRECAUTIONS Precautions;Handling&Storing: Keep from freezing. Other Precautions: Keep out of reach of children. O SCC 04/07/2011 Name: Ronald T.Cook- Title: Manager,Regulatory Affairs GS HIGH DILUTION DISINFECTANT 256 Effective Date: 04/07/2011 Ref:29 CFR 1910.1200(OSHA) Changes: New Product This document has been prepared using data from sources considered technically reliable. It does not constitute a warranty,express or Implied,as to the accuracy of the information contained herein. Actual conditions of use and handling are beyond sellers control. User is responsible to evaluate all available information when using product for any particular use and to comply with all Federal,State and Local laws and regulations. AMMUMEM Spartan Chemical Company, Inc. Material Safety Data Sheet SECTION I: PRODUCT INFORMATION Product Name or Number(as it appears on label): Product Division: GS NEUTRAL DISINFECTANT CLEANER Janitorial ` Product Number:3502 2-Liter Cartridge 103: 3513 Spartan Chemical Company,Inc. ProducUTechnical Information: 1-(800)-537-8990 1110 Spartan Drive Medical Emergency: 1-(888)-3146171 (24 hours) Maumee OH 43537 Chemical Leak/Spill Emergency:CHEMTREC 1-(800)424-9300 (24 hours) Shipping Descriptlon: Non-Hazardous Products NFPA Ratings: HMIS Ratings: Health: 3-Serious Health: 3-Serious Fire: 0-Minimal Fire: 0-Minimal Reactivity: 0-Minimal Reactivity: 0-Minimal Pers.Prot.Equip.: See Section VIII SECTION II: HAZARDOUS INGREDIENTS (Listed when present at 1%or greater,carcinogens at 0.1%or greater) All component chemicals are listed or exempted from listing on the"TSCA Inventory"_of chemical substances maintained b the U.S.Environmental Protection A enc . Table Z-1-A Re S TWA3 STEL CEILING NTP,IARC Chemical Name(s) %Wt No.ry mg/m" mglm mglm SHA Carcinogen O D€alkyl dimethyl ammonium 1-5 68424-95-3 Not Established Not Established Not Established No chloride - - - - Alcohol ethoxylate 1-5 68439-46-3 Not Eslablished. Not Established- Not Established No Alkyl dimethyl benzyl ammonium 1-5 68424-85-1 Not Established Not Established: Not Established No chloride - - - - Ethanol 1-5 64-17-5 1900 Not Established Not Established No Telrasodium ethylene 1-5 64.02-8 Not Established Not Established Not Established No diaminetetraacetate - - - - SECTION III: PHYSICAL DATA Boiling Point:212-F Vapor Pressure: Not determined Vapor Density(AIR=1):Not determined Solubility,.in Water:,Complete pH:6-7 Specific Gravity(H,0=1):.1,0 Evaporation Rate(but.ace.=1):<1 Percent Solid by Weight:,5=t7 Physical State:Liquid Appearance&Odor:Clear to slightly yellow liquid,low odor SECTION IV: FIRE&EXPLOSIVE HAZARD DATA i Flash Point:>212-F Method Used: ASTM-1356 Flammable Limits:Not Established Flame Extension: NIA Extinguishing Media: Product does not support combustion: Use extinguishing media appropriate for surrounding fire. Special Fire Fighting Procedures: Wear NIOSH approved self-contained breathing apparatus and protective clothing. Coal fire-exposed containers Wth water spray. Unusual fire&Explosive Hazards: Combustion products are toxic. SECTION V: HEALTH HAZARD DATA Threshold Limit Value: Not established Primary Routes of Entry: Inhalation,Skin Contact,Eyes Effects of Overexposure- CORROSIVE. Conditions to Avoid: CAUSES IRREVERSIBLE EYE DAMAGE AND SKIN BURNS: Symptoms may include pain, redness, swelling and tissue damage. May be fatal if absorbed through the skin. HARMFUL IF SWALLOWED. Symptoms may include nausea,vomiting,pain and diarrhea. INHALATION OF SPRAY MIST MAY CAUSE RESPIRATORY IRRITATION. Breathing spray mist may cause coughing and difficulty breathing. ' Do net get In eyes, skin or clothing. Do not taste or swallow. Avoid Inhalation of spray mist. Wash thoroughly with soap and water after handling. Conditions Aggravated by Use: Use of this product may aggravate preexisting skin;eye and respiratory disorders Including asthma and dermatitis. Emergency&First Ald Procedures: Eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses;If present;after the first 5 minutes;then continue rinsing eye. Call a poison control center or doctor for treatment advice. Skin: Take off contaminated clothing. Rimit,"E4n Immediately Wth plenty of water for 15-20 minutes.Call a poison control center or doctor for treatment advice. Wash contaminated clothing before reuse. Ingeslion: Call a poison control center or doctor immediately for treatment advioe. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person. Inhalation: In case of respiratory irritation;move person to fresh air. If person Is not breathing;call 911 or an ambulance then give artificial respiration;preferably by mouth-to-mouth;if passible. Call a poison control center or doctor for further treatment advice. NOTE TO PHYSICIAN: Probable mucosal damage may contra€ndicate the use of gastric lavage. SECTION Vi: REACTIVITY DATA Stability:Stable Incompatible Materials: Strong oxidizers Hazardous Decomposition Products: CO,COz Hazardous Polymerization: W€II Not Occur SECTION VII: SPILL OR LEAK PROCEDURES Steps to be Taken in Case Material is Released or Spilled: Small spills of one gallon or less maybe flushed with plenty of water.to sanitary sewer system (If permitted by local sewer regulations): Dike and contain large spills-with Inert material and transfer liquid to containers for recovery or disposal. Waste Disposal Method: Same as above. Container disposal: Triple rinse(or equivalent)then offer for recycling or reconditioning,or puncture and dispose of In a sanitary landfill,or incinerate,or if allowed by state and local authorities,bum. If burned,stay out of smoke. SECTION VIII: SPECIAL PROTECTION INFORMATION Respiratory Protection: Not normally required when good general ventilation is provided. However,if respiratory irritation occurs, use of a NIOSH approved respirator suitable for the use-conditions and chemicals in Section II should be considered. Ventilation: Provide good general ventilation.iocal exhaust ventilation maybe necessary for some operations. Protective Gtoves(Specity Type): Rubber or other water-proof gloves are recommended. Eye Protection(Spec€fy Type): Splash goggles are recommended to prevent eye contact. . Other Protective Equipment: Eye wash stations and washing facilities should be readily accessible in areas where undiluted product is handled.. See 29 CF=R 1910.132-138 for further guidance. I SECTION IX: SPECIAL PRECAUTIONS Precautions;Handling&Storing: Keep from freezing. Other Precautions: Keep out of reach of children. ©SCC 04/07/2011 Name: Ronald T.Cook Title: Manager,Regulatory Affairs GS NEUTRAL DISINFECTANT CLEANER Effective Date: 04/07/2011 Ref:29 CFR 1910.1200(OSHA) Changes: New Product This document has been prepared using data from sources considered technically reliable. It does not constitute a warranty,express or implied,as to the accuracy of the information contained herein, Actual conditions of use and handling are beyond sellers control. User is responsible to evaluate all available information when using product for any particular use and to comply with all Federal,State and Local laws and regulations. Safety Data Sheet Spartan Chemical Company, Inc. Revision Date: 02-Oct-2014 I'ROb.U�T AND.C��P;ANIQ�N7'[FlCAT�ON Product Identifier Product Name: BIORENEWABLES RESTROOM CLEANER Product Number. 3530 i Recommended Use: Restroom cleaner Uses Advised Against: For Industrial and Institutional Ude Only Manufacturer/Supplier: Spartan Chemical Company, Inc. 1110 Spartan Drive Maumee,Ohio 43537 USA 800-537-8990(Business hours) www.spartanchemical.com 24 Hour Emergency Phone Numbers: Medical Emerge n cyli nformation:888-314-6171 Trans portation/SpIIIILea k: CHEMTREC 800-424-9300 HA'ZARQS I©ENT W t0010N, GHS Classification Serious Eye Damage/Eye Irritation: Category 2A GHS Label Elements Stgnal Word: Warning Symbols: <>i Hazard Statements: Causes serious eye irritation Precautionary Statements_ Prevention: Wash hands and any exposed skin thoroughly after handling. Wear eye/face protection Response: -Eyes IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses,if present and easy to do.Continue rinsing. If eye irritation persists:.Get medical attention. -Specific'Treatment: See Safety Data Sheet Section 4:"FIRST AID MEASURES"for additional information. Storage: Not Applicable Disposal: Not Applicable Hazards Not Otherwise Classified: Not Applicable Other Information: May be harmful if swallowed. May cause skin irritation. Inhalation of vapors or mist may cause respiratory irritation. Keep out of reach of children. Page 116 3530- BIORENEWABLES RESTROOM CLEANER Revision Date: 02-00-2014 fto Chemical Name CAS No Wei ht% water 7732-18-5 60-100 citric acid 77-92-9 5-10 alcohol ethoxyiate 68439AG-3 1-5 Specific chemical identity and/or exact percentage of composition has been withheld as a trade secret. -Eye Contact: Rinse cautiously with water for at least 15 minutes. Remove contact lenses, if present and easy to do.Continue rinsing. If eye irritation persists:Get medical attention. -Skin Contact: Wash with soap and water If skin irritation occurs: Get medical attention. -Inhalation: Remove victim to fresh air and keep at rest in a position comfortable for breathing.Call a poison control center or physician if you feel unwell. -ingestion: Rinse mouth.Do NOT induce vomiting. Never give anything by mouth to an unconscious person.Get medical attention if you feel unwell. Note to Physicians: Treat symptomatically. x - Suitable Extinguishing Media: Product does not support combustion. Use extinguishing agent suitable for type of surrounding fire Specific Hazards Arising from the Dried product is capable of burro j.'Combustion products are toxic. Chemical: Hazardous Combustion Products: May include Carbon monoxide Carbon dioxide and other toxic gases or vapors. Protective Equipment and Wear MSHAINIOSH approved self-contained breathing apparatus,(SCBA)and full Precautions for Firefighters: protective gear.Cool fire-exposed containers with water spray. 6 ACCIDENTAL R�L�#$�ME�ISURE Personal Precautions: Avoid contact with skin,eyes or clothing,. Use personal protective equipment as required. Environmental Precautions: Do not rinse spill onto the ground,into storm sewers or bodies of water. Methods for Clean-Up: Prevent further leakage or spillage if safe to do' n Contain and co)lect spillage with non-combustible absorbent material,(e.g.sand,earth,diatomaceous earth,vermiculite) and place in container for disposal according to local/national regulations(see Section 13). 7: H WLO AN© TQRA � Advice on Safe Handling: Handle in accordance with good industrial hygiene and safety practice.Wash thoroughly after handling. Storage Conditions: Keep containers tightly closed in a dry,cool and well-ventilated place. Keep out of the reach of children.Keep from freezing. Incompatible Materials: Sodium hypochlorite(or other hypochloriles). 8'l�XPOSURle C: �LsIPERS,0 At 1. , Occupational Exposure Limits: None established. Engineering Controls: Provide good general ventilation. , If work practices generate dust,fumes,gas,vapors or mists Which expose workers to chemicals above the occupational exposure limits,local exhaust ventilation or other engineering controls should be considered. Personal Protective Equipment Eye/Face Protection: Wear splash goggles. Page 2 15 3530- SIORENEWABLES RESTROOM CLEANER Revision Date: 02-Oct-2014 Skin and Body Protection: Not required with expected use. Respiratory Protection: Not required with expected use. If occupational exposure limits are exceeded or respiratory irritation occurs, use of a NIOSH approved respirator suitable for the use-conditions and chemicals in Section 3 should be considered. General Hygiene Considerations: Wash hands and any exposed skin thoroughly after handling. See 29 CFR 1910.132-138 for further guidance. .. . PMYICAL AND CHE M L'A PRSPERTiES . . Appearance[Physleal State: Liquid Color; Blue Odor: Pleasant H: 1.5-2.5 Malting Point/Freezing Point: No information available. Boiling Point/Boiling Range: 100 °C 1 212 OF Flash Point: > 100 °C / > 212 °F ASTM D56 Evaporation Rate: a 1 Flammability solid, as No information available. Upper Flammability Limit: No information available. Lower Flammability Limit: No information available. Vapor Pressure: No information available. Vapor Density. No information available. Specific Gravity: 1.04 olubili les : Soluble in water Partitlon Coefficient: No information available. utoi nation Temperature: No information available. Decomposition Temperature: No information available. Iscosi : No information available. 10::STIBILITY,11 ©.FtEAC"I"Il(ITY .. Reactivity: This material is considered to be non-reactive under normal conditions of use. Chemical Stability: Stable under normal conditions. Possibility of Hazardous Reactions: Not expected to occur with'normal handling and storage. Conditions to Avold: Extremes of temperature and direct sunlight. Incompatible Materials: Sodium hypochlorile(or other hypochlorites).- Hazardous Decomposition May include carbon monoxide,carbon dioxide(CO2)and other toxic gases or vapors. Products: '!1 TOXICOL�?CIL_NI`�Ft1lAN: Likely Routes of Exposure: Eyes,Skin, Ingestion, Inhalation. Symptoms of Exposure: -Eye Contact: Pain, redness,swelling of the conjunctiva and blurred-vision. -Skin Contact: Drying of the skin. -Inhalation: Nasal discomfort and coughing. -Ingestion: Pain, nausea,vomiting and diarrhea. Immediate,Delayed,Chronic Effects Product Information: Data not available or insufficient for classification. Numerical Measures of Toxicity The following acute toxicity estimates(ATE)are calculated based on the GHS document. ATEmix(oral): 29466 mg/kg Component Acute Toxielly Information Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 Page 3 15 3530- BIORENEWABLES RESTROOM CLEANER Revision Date: 02-Oct-2014 water >90 mUkg (Rat) Not Available Not Available 7732-18-5 citric acid =3000 mog (Rat) Not Available Not Available 77-92-9 alcohol ethoxylate =1378 mg/kg (Rat) >2 glkg (Rabbit) Not Available 68439-46-3 Carcinogenicity: No components present at 0.1%or greater are listed as to being carcinogens by ACGIH, IARC, NTP or OSHA. 1 :fCO�OGICAL� 1F3RMlit?N cotoxicity Chemical Name Algae/Aquatic Plants Fish Toxicity to Crustacea Microorganisms citric acid Not Available 1516:96 h Lepomis. Not Available 120:72 h Daphnia magna 77-92-9 macrachlrus mglL LC50 mg1L EC50 static Persistence and Degradability: No information available. Bloaccumulation: No information available. Other Adverse Effects: No information available. .DISPUSAt,G0i K",'-RATt9N Disposal of Wastes: Dispose of in accordance with federal,slate and local regulations. Contaminated Packaging: Dispose of in accordance with federal,state and local regulations. 14 Tf 60 ' 1N QR DOT: Not Regulated Proper Shipping Name: Non Hazardous Product '�5'`REGULATORY 1NOI�AATt©N TSCA Status: (Toxic Substance Control Act Section 8(b)Inventory) All chemical substances in this product are included on or exempted from listing on the TSCA Inventory of.Chemical Substances. SARA 313 This product does not contain listed substances above the"de minimus"level SARA 3111312 Hazard Categories Acute Health Hazard: Yes Chronic Health Hazard: No Fire Hazard: No Sudden release of pressure hazard: No Reactive Hazard: No California Proposition 65 This product contains the following Proposition 65 chemicals Chemical Name California Proposition 65 acetaldehyde-75-07-0 Carcinogen WARNING: This product contains a chemical known to the Stale of California to cause cancer. NFPA Health Hazards: 1 Flammability: 0 Instability: 0 Special: NIA HMIS Health Hazards: 1 Flammability: 0 Physical Hazards: 0 Revision Date: 02-Oct-2014 Page 4 15 3530- SIORENEWABLES RESTROOM CLEANER Revision pate: 02-Oct-2014 v_.!G Reasons for Revision: No information available. Disclaimer: The Information provided In this Material Safety Data Sheet is conrect,to the best of our knowledge,information and belief at the date of Its publication.The information given is designed only as a guidance for safe handling,use,processing, storage,transportation,disposal and release and Is not to be considered a warranty or quality specification.The Information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process,unless specified In the text. End of Safety Data Sheet ,i Page 5 15 Spartan Chemical Company, Inc. Material Safety Data Sheet qSpiada ' SECTION k PRODUCT INFORMATION Product Name or Number(as it appears on label): Product Division: GREEN SOLUTIONS ALL PURPOSE CLEANER Janitorial Product Number:3501 2-1-IlerCartridge 101: 3511 Spartan Chemical Company,Inc. Product/Techn€oFI Information: 1-(800)-537-89$0 1110 Spartan Drive Medical Emergency: 1-(888)-314-6171 (24 hours) Maumee OH 43537 Chemical Leak/Spill Emergency:CHEMTREC 1-(800)424-9300 (24 hours) Shipping Description: Non-Hazardous Products NFPA Ratings: HMIS Ratings: Health: 1-Slight Health. 1-Slight Fire: 0-Minimal t=ire: 0-Minimal Reactivity: 0-Minimal Reactivity: 0-Minimal Pers.Prot.Equip,: See Section Vill SECTION fl: HAZARDOUS INGREDIENTS (Listed when present at 1%or greater,carcinogens at 0.1%or greater) All component chemicals are listed or exempted from listing on the"TSCA Inventory"of chemical substances maintained by the U.S.Environmental Protection Agency. Table Z-1-A CAS TWA STEL CEILING NTP,IARC Registry 3 or OSHA Chemical Name(s) %Wt No. m m mg/m3 mg/m3 Carcinogen Sodium carbonate 1-5 497-19-8 Not Established Not Established Not Established No Alkyl polyglucoside 1-5 68515-73.1 Not Established Not Established Not Established No Alcohol ethoxyiate 1-5 68439-46.3 Not Established Not Established Not Established No Alkyl polyglucoside 1-5 1110615-47-91 Not Established Not Established Not Established No SECTION ill: PHYSICAL DATA Boiling Point:212'F Vapor Pressure: Unknown Vapor Density(AIR=1):Unknown Solubility in Water: Complete pH:Undiluted: 7.0-8.0 Specific Gravity(H2O=1): 1.01 @ 75 F Diluted 1:64: 8.0-9.0 Evaporation Rate(but.ace.=1): <1 Percent Solid by Weight: 5-10% Physical State:Liquid Appearance&Odor: Clear liquid,mild odor. No fragrance has been added to this product. SECTION IV: FIRE&EXPLOSIVE HAZARD DATA Flash Point:>212'F Method Used: Estimate Flammable Limits:Not Established y- Flame Extension: N/A Extinguishing Media: Product does not support combuolon. Use extinguishing media appropriate for surrounding fire. Special Fire Fighting Procedures: Wear NIOSH approved self-contained breathing apparatus and protective clothing. Coo€fire-exposed containers with water spray. Unusual Fire&Explosive Hazards: Combustion products are toxic. SECTION V. HEALTH HAZARD DATA Threshold Limit Value:Not established Primary Routes of Entry: Inhalation,Skin Contact,Eyes;Oral Effects of Overexposure- Causes eye Irritation: Symptoms may include pain,redness, swelling ing and tearing Conditions to Avoid: Causes skin Irritation: Symptoms may include pain,redness and swelling. May be harmful if swallowed: Symptoms may include nausea,vomiting,pain and diarrhea. Inhalation of product mist may cause respiratory Irritation: Symptoms may include coughing and difficulty breathing. Do not get in eyes, on skin,or on clothing. Do not taste or swallow. Avoid breathing product mist. Wash throughly after handling. Conditions Aggravated by Use: Use of this product may aggravate preexisting eye;skin and respiratory disorders such as asthma and dermatitis. Emergency R First Ald Procedures: Eyes: Flush eyes with water for at least 15 ipinutc... Remove contact lenses. Get medical attention. Skin: Remove contaminated clothing. Wash skin thoroughly with soap and water. Get medical attention if irritation persists. Wash contaminated clothing before reuse. Ingestion: Do not induce vomiting unless advised by physician or poison control center. Drink one or two glasses of water to dilute product. Get medical attention. Do not give anything by mouth to an unconscious person. Inhalation: Move person to fresh air.Get medial attention if irritation persists. SECTION VI: REACTIVITY DATA Stability:Stable j Incompatible Materials: Strong oxidizers Hazardous Decomposition Products:Carbon monoxide,Carbon dioxide Hazardous Polymerization: Will Not Occur SECTION VII: SPILL OR LEAK PROCEDURES Steps to be Taken in Case Material is Released or Spilled: Small spills of one gallon or less may be flushed with plenty of water to sanitary sewer system Of permitted by local sewer regulations), Dike.and contain large,spills with Inert material and transfer liquid to containers for recovery or disposal. Keep spill out of storm sewers and waterways. Waste Disposal Method: Dispose of in compliance with all federal,state and local laws and regulations. SECTION Vill: SPECIAL PROTECTION INFORMATION Respiratory Protection: Not normally required when good general ventilation is provided. However if respiratory irritation occurs; the use of a NIOSH approved respirator suitable for the use-conditions and chemicals In Section II should be considered. Ventilation: Provide good general ventilation. Local exhaust ventilation may be necessary for some operations. Protective Gloves(Specify Type): Rubber orother impervious gloves are recommended. Eye Protection(Specify Type): Splash goggles are recommended to preverd eye contact. Other Protective Equipment: See 29 CFR 1910.132-138 for further guF dance. SECTION IX: SPECIAL PRECAUTIONS Precautions;Handling&Storing: Wash thoroughly with soap and water after handling. Other Precautions: Keep out of reach of children. OSCC 10123/2010 Name: Ronald T.Cook, Title: Manager,Regulatory Affairs GREEN SOLUTIONS ALL PURPOSE Effective Date: 10/23/2010 Supercedes: ()912212()08 CLEANER Ref:29 CFR 1910.1200(OSHA) Changes: Formula Revision This document has been prepared using data from sources considered technIcAly tellable. It does not consiitute a warranty,express or Implied,as to the accuracy of the information contained herein. Actual conditions of use zlnd handling are beyond sellers control. User is responsible to evaluate all available Information when using product for any particular use and to comply with all Federal,State and Local laws and regulations. rnj) Safety Data Sheet Spartan Chemical Company, Inc. n Revision Date: 02-Oct-2014 'I. .PRC�Qt7T ©.. QFiiATI� T Product Identifier Product Name: BIORENEWABLES GLASS CLEANER Product Number: 3835 Recommended Use: Cleaning agent Uses Advised Against: For Industrial and Institutional Use Only Manufacturer/Supplier: Spartan Chemical Company,Inc. 1110 Spartan Drive Maumee,Ohio 43537 USA 800-537-8990(Business hours) www.spartanchemir-al.com 24 Hour Emergency Phone Numbers: Medical Emergency/Information:888-314-6171 Transportation/Spill/Leak: CHEMTREC 800-424-9300 GHS Classification Serious Eye DamagelEye Irritation: Category 2B GHS Label Elements Signal Word: Warning Symbols: None Hazard Statements: Causes eYe irritation. Precautionary Statements: Prevention: Wash hands and any exposed skin thoroughly after handling. Response: -Eyes Rinse cautiously with water for several minutes. Remove contact lenses,if present and easy to do.Continue rinsing. If eye irritation persists:Get medical attention. -Specific Treatment: See Safety Data Sheet Section 4:"FIRST AID MEASURES"for additional information. Storage: Not Applicable Disposal: Not Applicable Hazards Not Otherwise Classified: Not Applicable Other Information: •May be harmful if swailowed •Inhalation of vapors or mist may cause respiratory irritation. Keep out of reach of children. Chemical Name CAS No Weight-11/6 water 7732-18-5 60-100 alkyl poi glucoside 68515-73-1 1-5 cocamidoprop I hydrox y sultaine 70851-08-0 1-5 aik I polygtucoside 110615-47-9 1-5 Page 114 3836- BIORENEWABLES GLASS CLEANER Revision date: 02-Oct-2014 fragrance PROPRIETARY 0.1-1 Specific chemical identity and/or exact percentage of compofsitiioJn.'t has been withheld as a trade secret. -Eye Contact: Rinse cautiously with water for at least 15 minutes. Remove contact lenses, if present and easy to do.Continue rinsing. If eye Irritation persists:Get medical attention. -Skin Contact: Wash with soap and water. If skin irritation occurs: Get medical attention. -Inhalation: Remove victim to fresh air and keep at rest in a position comfortable for breathing.Call a poison control center or physician if you feel unwell. -ingestion: Rinse mouth.Do NOT induce vomiting. Never give anything by mouth to an unconscious person.Get medical attention if you feel unwell. Note to Physicians: Treat symptomatically. Suitable Extinguishing Media: Product does not support combustion. Use extinguishing agent suitable for type of surrounding fire Specific Hazards Arising from the :Dried product is capable of burning.Combustion products are toxic. Chemical: Hazardous Combustion Products: May include Carbon monoxide('P,�'mn.dloxlde and other toxic gases or vapors. Protective Equipment and Wear MSHA/NIOSH approved.;eif-contained breathing apparatus(SCBA)and full Precautions for Firefighters: protective gear. Cool fire-expos:d containers with water spray. Personal Precautions: Avoid contact with skin,eyes or clothing. Use personal-proteclive:equipment as required. Environmental Precautions: See Section 12 for add itionai:Ecological Information, Methods for Clean-Up: Prevent further leakage or spillage if safe to do so.Contain and collect spillage with non-combustible absorbent material,(e.g.sand,earth,diatomaceous earth,vermiculite) and place in container for disposal according to local/national regulations(see Section 13). Rx. cis E�'. 3> ����,x1= 4 -�;" _' �� � � Advice on Safe Handling: Handle in accordance with good industrial hygiene and safety practice.Wash thoroughly after handling. i Storage Conditions: Keep containers tightly closed in a dry,cool and well-ventitated place. Keep out of the reach of children. Keep from freezing. 8 EXPSURECONTR©L.StRERONAi� Occupational Exposure Limits: None established. Engineering Controls: Provide good general ventilation. If work practices generate;du$t,furies;gas,vapors or.mists which expose workers to chemicals above the occupational exposure limits,local exhaust ventilation or other engineering controls should be considered. Personal Protective Equipment Eye/Face Protection: Not required with expected use. Skin and Body Protection: Not required with expected use. Respiratory Protection: Not required with expected'use..- If occupational exposure limits are exceeded or respiratory irritation occurs, use of a NIOSH approved respirator suitable for the use-oonditions and chemicals in Section 3 should be considered. General Hygiene Considerations: Wash hands and any exposed skin thoroughly after handling. See 29 CFR 1910.132-138 for further guidance. Page 2 14. 3835- BIORENEWABLES GLASS CLEANER Revision Date: 02-Oct-2014 Appearance/Physical State: Liquid Color: Blue dory Ple u::nt H: Undiluted:8.0-9.0/Diluted 1:64:7.0-8.0 elting Point/Freezing Point: No information available. Boiling Point l Boiling Range: IOU °C 1 212 °F Flash Point: > 100 °C / > 212 °F Evaporation Rate: < 1 (BuAc= 1) Flammability solid, as No information available. Upper Flammability Limit: No information available. Lower Flammability Limit: No information available. Vapor Pressure: No information available. Vapor Density: No information available. ecific Gravity; 1.01 olubili les : No information available. Partition Coefficient: No information available. utoi nation Temperature: No information available. Decomposition Temperature: lNo information available.:. Iscosi : No information available. 90,S.TABtL11'Yg RiEGTITY _ ` _ . Reactivity: This material is considered to be non-reactive under normal conditions of use. Chemlcal Stability: Stable under normal conditions. Possibility of Hazardous Reactions: Not expected to occur with normal handling and storage. Conditions to Avoid: Extremes of temperature and direct sunlight. Incompatible Materials: Strong oxidizing agents.Strong'acids Hazardous Decomposition May include carbon monoxide,carbon dioxide(CO2)and other toxic gases or vapors. Products: `ox�coo�tAFQn .c Likely Routes of Exposure: Eyes,Skin, Ingestion, Inhalation. Symptoms of Exposure: -l=ye Contact: Pain, redness and swelling of th::nonjunctiva. -Skin Contact: Drying of the skin. -inhalation: Nasal discomfort and coughinj. -Ingestion: Pain,nausea,vomiting and diarrhea. Immediate,Delayed,Chronic Effects Product Information: Data not available or insufficic.agor classification. Numerical Measures of Toxicity The following acute toxicity estimates(ATE)are calculated based on the GHS document. Data not available or insufficient for classification. Com onent Acute Toxicity Information Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 water >90 mUkg (Rat) Not Available Not Available 7732-18-5 Carclnogenlcity: No components present at 0.1%or greater are listed as to being carcinogens by ACGIH, IARC, NTP or OSHA. Ecotoxicity Page 314 3835- BIORENEWABLES GLASS CLEANER Revision Date: 02-Oct-2014 Persistence and Degradability: No information available. Bioaccumulation: No information available. Other Adverse Effects: No information available. Disposal of Wastes: Dispose of in accordance with federal,state and local regulations. Contaminated Packaging: Dispose of in accordance with federal,state and focal regulations. A VSP�R 'INFFM'A '1pN DOT: Not Regulated Proper Shipping Name: Non-Hazardous Product TSCA Status: (Toxic Substance Control Act Section 8(b)Inventory) All chemical substances in this product are included on or exempted from listing on the TSCA Inventory of Chemical Substances. SARA 313 This product does not contain listed substances above the"de minimu'a"level SARA 3111312 Hazard Categories Acute Health Hazard: Yes Chronic Health Hazard: No Fire Hazard: No Sudden release of pressure hazard: No Reactive Hazard: No California Proposition 65, This product does not contain any Proposition 65 chemicals 1:6 OT# ER lNF } MATt©hi... . . NFPA Health Hazards: 1 Flammability: 0 Instability: 0 Special: NIA HMIS Health Hazards: 1 Flammability: 0 Physical Hazards: 0 Revision Date: 02-Oct-2014 Reasons for Revision: No information available. Disclaimer: The Information provided in this Material Safety Data Sheet is correct to the best of our knowledge,information and belief at the date of its publication.The information given is designed only as a guidance for safe handling,use,processing, storage,transportation,disposal and release and Is not to be considered a warranty or quality specification.The Information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process,unless specified In the tent. End of Safety Data Sheet Page 414 �E _,s i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 14, 2015 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF APRIL 21,2015 CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB)ACTION ON THE CARING KITCHEN BACKGROUND The item before the City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's action for The Caring Kitchen, located at 196 NW 8th Avenue. This request is being processed pursuant to LDR Section 2.4.7(E)[Appeals]. This item was considered at the City Commission meeting of March 31, 2015. Upon consideration, the City Commission continued the appeal of the Site Plan Review and Appearance decision to a time certain of April 21, 2015. The City Commission requested that additional information be provided to address the following comments: Commission Inquiry: The Uses Allowed Under the Current Lease. The following provides a chronology of the Lease Agreements between the City of Delray Beach and the American Legion and subsequent Sub-leases between the American Legion and Christians Reaching Out to Society, Inc. (CROS Ministries): On September 9, 1947, the City Commission approved a 99-year lease with the American Legion Post for the construction of an American Legion Hall. Correspondence from the City Manager Gordon D. Tiffany, dated March 26, 1982, stated that an executed lease could not be found and a new lease will be presented to the City Commission for approval. Copies of the City Commission minutes and City Manager's letter are attached). On April 19, 1982, a Lease Agreement was executed between the City of Delray Beach and American Legion Post for Lots 23 and 24, Block B, West Side Heights Subdivision for the purpose of a meeting hall for American Legion Post 188. (Copy of Lease attached). With respect to use, Section 3, Page I ofAppendix A states "That this lease is made expressly contingent upon the Lessee using the leased premises for a meeting hall for the American Legion Post No. 188, and its attendant activities, and for no other purpose. ... On December 27, 1984, an amendment to the Lease Agreement was executed between the City of Delray Beach and American Legion Post 188 (also known as Sherman Williams Post) to extend the property covered by the Lease Agreement to include the adjacent lots known as Lots 21, and 22, Block B, West Side Heights Subdivision, to be used for additional parking in connection with American Legion activities. (Copy of amended lease attached). On June 4, 1996, the City Commission approved on a 5 to 0 vote a request from American Legion Post #188 to allow Churches Reaching Out to Society (CROS) Ministries to use the American Legion building for the South Community Food Pantry Food Program. It was noted in the City Commission staff memorandum that the food program is for the needy and would operate out of the building during the day. The American Legion will continue to use the building at night. The memorandum further notes that the necessary renovations to accommodate the food program will be taken care of by Post #188 and CROS Ministries. (City Commission minutes and City Commission memorandum are attached. A Sublease was executed between the American Legion Post 188 ("Sublessor") and Christians Reaching out to Society, Inc. (CROS) a Florida nonprofit corporation ("Sublessee") for the period beginning on June 15, 1996 and ending on June 30, 2006. (Sub-Lease attached). Section 14, Pave 3 of 4, of the Sublease states. ..."The City of Delray Beach, Florida does hereby attorn to and consent to this SUBLEASE AGREEMENT, and a copy of the written consent is attached hereto as Exhibit "A" and made a part of hereof. Staff nor the applicant is unable to located this referenced Exhibit "A". On October 26, 2004, a Grant Agreement was executed between the City of Delray Beach and American Legion Post 188 and Christian Reaching Out to Society, Inc. to award a one time grant in order to defray the cost of the Solid Waste Authority assessments for the property. The grant award was contingent upon the American Legion Post 188 executing the Restated Lease Agreement which was attached as Exhibit`B" of the Grant Agreement. (Grant Agreement attached). Section 3.01, Page 5, Use states "Lessee shall use and occupy the Premises for the purpose of a meetin hall and attendant uses, and for no other purpose or use whatsoever, without the prior written consent o� the Lessor." Section IL 08, Page 12 of the Restated Lease Agreement states `Lessor acknowledges that Lessee has currently subleased the Premises to Christians Reaching Out to Society, Inc., a non-profit corporation and Lessor hereby consents to such sublease for the duration ofsuch sublease or anv renewal periods. On December 5, 2006, a Lease Amendment Agreement was executed between American Legion Post 188 ("Sublessor") and Christians Reaching Out to Society, Inc. a Florida nonprofit corporation ("Sublessee") extending the lease for a period of 10 years with a single 10 year option to renew. (Lease Agreement amendment attached). In concluding, the Lease Agreement between the City of Delray Beach and the American Legion Post 188 was for the purpose of a meeting hall and attendant uses. As provided in the documentation attached, the City of Delray Beach acknowledged the sublease of the property to Christians Reaching Out to Society, Inc. The subsequent Subleases between American Legion Post 188 and Christians Reaching Out to Society, Inc. do not specify use activities to be conducted by CROS. Commission Inquiry: Has approval been sought for the modification of uses under the current lease. Agenda Item 9E, June 4, 1996 ON Commission meeting-Request from American Legion Post#188 For Additional Use o Leased property The City Commission on June 4, 1996 approved on a 5 to 0 vote, Churches Reaching Out to Society (CROS) Ministries request to use the American Legion building for the South Community Food Pantry Food Program. The sublease and Restated lease do not contain a specific use, only the approved hours of operation for CROS Ministries. City records indicate a Building permit was issued on Januaa 21, 1997 for renovations to the building. (copy attached). Commission Inquiry: What is the criteria for a Class III site plan modification: The LDR Section 2.4.5(G) categorizes site plan modification as follows: LDR Section 2.4.5(G)(1) "Modifications to Site and Development Plans" states: (1) Rule: No change or modification shall be made to an approved site specific development plan or a Master Development Plan unless application therefore has been made and the modification approved. Modifications to such plans shall be classified as follows: (a) Class L• Approval of items listed in Section 2.4.50(1) such as but not limited to: walls, fences, slabs, dumpster enclosures, sheds, etc. which do not require Board review; and changes in architectural elevations which require Board review. (b) Class IL• Approval of a modification to a site plan (other than Class I applications) which requires no review of Performance Standards found in Section 3.1.1, but which requires action by a Board. (c) Class III: A modification to the site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requiring partial review of Performance Standards found in Section 3.1.1. (d) Class IV: A modification to a site plan which represents either a significant change in the intensity of use or significant changes which affect the spatial relationship among improvements on the land, requiring full review of Performance Standards found in Section 3.1.1. (2) Required Information: With respect to required information LDR Section 2.4.5(G)(2)(b) provides the following requirement for a Class III site plan modification: (b) Class III and IV: Completed Application, and Required Information as applicable pursuant to 2.4.3(A), (B), (C), (D), (E), and (G) shall be provided along with a copy of the original site plan upon which the proposed changes are depicted. (3) Procedure: A site and development plan modification shall be processed as follows,pursuant to its classification: (b) Class III and IV: Receipt and acceptance of the submittal and action by the appropriate review Board. (4) Conditions: Conditions may be imposed pursuant to Section 2.4.4(C). (5) Findings: Formal findings are not required for a Class I or II modification. A finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. Class IV modification is subject to the same findings required of a new submittal. Staff Comment.As noted above a Class III site plan modification request requires partial review of the Performance Standards found in LDR Section 3.1.1 provided below: Section 3.1.1 Required Findings: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. (C) Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. (D) Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. Staff Comment. With Respect to item (C) Consistency above, the following further evaluations are required for a Class III site plan modification: ARTICLE 3.2 PERFORMANCE STANDARDS Section 3.2.1 Basis for Determining Consistency: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a fording of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.3 Standards for Site Plan and/or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. (C) Open space enhancements as described in policies found under Objective B-1, of the Open Space and Recreation Element are appropriately addressed. (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having-fewer than 25 units. Commission Inquiry: Does a modification involve review of all code requirements as it pertains to the lease: Staff Comments: The criteria for a site plan modification noted above do not involve review of all code requirements as it pertains to the lease. Commission Inquiry: Are there code violations on the Property: Staff Comments: City records reveal that there are no current code violations on the property. A list of past code violations are attached. Commission Inquiry: When a property owner wants to modify an existing site plan and expand current use, does it need to bring the rest of the property up to code (i.e., if the landscaping was not to code). Staff Comments: With respect to landscaping, LDR Section 4.616(B)(3 and 4)states: (3) "To any new development, or any modification of existing development. That portion of the site which is being newly developed or modified must comply with the requirements contained herein." Staff Comments: Foundation plantings are required where the building faces a right-of-way. The proposed addition at the southwest corner of the building is obscured from the right-of-way by the existing trash enclosure and thus foundation plantings would not be required for this addition. (4) "To any modification to existing development which results in an increase of 25% in the gross floor area of the structure, or structures, situated on the site. In such cases the entire site shall be upgraded to present landscape standards;" Staff Comments: The proposed addition of 165 sq.ft. represents 5.39% of the 3,061 sq. ft. existing building. Thus this requirement does not apply. Commission Inquiry: Who is the responsible entity for the conditions of the property: Staff Comments: Pursuant to the Restated Lease—Section 4.01, Page 6, states "Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition .... Section 3.0, Page I of the Sublease states "Sublessee shall take good care of the premises and shall maintain it in good order and condition, ordinary wear and tear expected. " Commission Inquiry: Can conditions be imposed on the entire site that are not directly related to the actual addition but rather to the site overall if addition is an expansion of the use (i.e., re landscaping, fence conditions, parking on swales, litter). Staff Comments:Please see below the LDR requirements governing the imposition of conditions: For a site plan modification request, LDR Section 2.4.5(G)(4) states "Conditions may be imposed pursuant to Section 2.4.4(C)." LDR Section 2.4.4 (C) "Imposition of Conditions": In granting approval to any development application, the granting body may impose whatever conditions it deems necessary in order to insure: * The compatibility of the use with nearby existing and proposed uses. * Concurrency. * Consistency with objectives and policies of the Comprehensive Plan. * The fulfillment of requirements of these Regulations which should have or could have been fulfilled prior to the approval action but which were not, due to conditions beyond the control of the applicant. * The fulfillment of requirements of these Regulations which could have been fulfilled prior but remain outstanding; thus, providing that they will be accommodated in a later stage of processing. However, neither a final subdivision plat nor an abandonment of a right-of-way or an easement shall be approved subject to conditions. DISCUSSION City Commission Discussion: Consider the appeal to the Class III Site Plan Modification approval decision rendered by the Site Plan Review and Appearance Board(SPRAB) for The Caring Kitchen. The subject property is zoned Community Facilities (CF) and is located at the southwest corner of Dr. Martin Luther King Jr. Drive and NW 8th Avenue and contains a one-story building that was constructed in 1966. The property is owned by the City of Delray Beach and is leased to the American Legion Post 188. The American Legion Post 188 subleases the property to Christians Reaching Out to Society (CROS) Ministries who operates The Caring Kitchen, a community kitchen social service facility. The site plan modification request is to allow the construction of a 165 square foot building addition (6'8" x 24'10") at the southwest corner of the building that will accommodate the construction of new men's and women's restrooms with shower; a new 6' 8"x 6' 7" storage area which will be accessed via the existing cooler storage area; and, the installation of a washing and drying machine. Currently, the facility has two men's restrooms and two women's restrooms which are not handicapped accessible. The restrooms will be rebuilt and converted to one men's restroom with a shower and one women's restroom with shower. The restrooms will be designed to meet the handicap accessibility requirements and will only be accessed from the interior of the building which will enable staff to monitor who accesses the restrooms. The proposed design only allows one occupant to utilize the restroom/shower at any given time. Advisory/Approving Board Recommendation: On January 28, 2015 the Site Plan Review and Appearance Board (SPRAB) took the following actions: Site Plan Modification Approved the Class III Site Plan Modification for The Caring Kitchen on a 6 to 0 vote (Terra Spero absent) subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing the conditions of approval and engineering technical items contained in the staff report; (noted below). a) Indicate location of existing utilities in area of addition. 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one space per employee/volunteer during the largest shift, and that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or a camera security device is provided surrounding the site, or at a minimum one camera installed per direction (i.e. facing north, south, east and west). 5. That staff works out the location of the proposed bike racks on the site plan. Architectural Elevations: Approved the Architectural Elevations on a 6 to 0 vote (Terra Spero absent) subject to the following conditions: 1. That the entire building is re-painted white upon completion of the building addition. 2. That the architect investigates the connection of the addition to the existing building to provide an architectural element at that joint. TIMING OF THE REQUEST There is no sensitivity with this request. RECOMMENDATION The Planning &Zoning Department recommends City Commission discretion. .. 2U SEPTXABER. 9TH, 1947 In explaining his iecoumendations .*. Edmond stated that the -bid of U. S. Pipe & Foundry Co. for fittings was # 319.84 higher than the lowest bid, but that the Engineers had asked that contracts for pipe and fittings be awa-�ded to the same Company, in order that the materials would correspond. Mr. Edmond also stated that the bid of M. & H. Valve0itting Co. for tarnishing fire hydrants was $328.00 higher than the lcuest bid, which was received from Thomas F. Kenny, whoa proposal was not accompanied'by a certified check nor bid band and therefore could not be considered, but they will furnish hydrants that are made by the same Company as the hydrants being used at the present time, which we know- are satisfactory. This made a difference of $6417.84 over the lowest bids receiveds and Mir. Edmond recommended that contracts be awarded as outlined, A motion was made by Councilman Butler, seconded by Councilman Smith, that contracts be awarded as recommended by the City Manager, and certified checks or bid bonds be, returned to the unsuccessful bidders. Upon call of roll the motion carried unanimously. A ,plat of "John B. Reid's Village" was presented by the City Manager for final approval, having been tentatively approved, at a previous meeting. _ Mr. Edmond stated that the Plat had been approved b;, the Zoning Board and the Planning Board, and that explanations and corrections had been made as regl_eesteds where- upon a motion was made by Councilman Srithi aP.r!nnriaA }ry (:nim-Mly n Me- hlagno O)Q+. tho_ plat be aecep dll. 4pcn call of roll the motion carried unanimously. City Manager. Edmond advised the Coun�1A?a�t colored American Legion Post had asked for a 99 year lease on Lots 23 and :•des Side Heights Subdicis3an, being the southwest corner of S. W. 8th Avenue and 2nd Street, to be used for the construction of an American Legion Hall. After consideration by the Council, a motion was made by Councilman Butler, seconded by Councilman Mc Feece, that the request be granted, and City Attorney rowlin was instructed to prepare a lease accordingly. With reference to the request of the Alph Brown Flooring Company for permission to extend a railroad siding across N. E. 2nd Street to their warehouse, Mr. Edmond stated that as this was the type of-property to be used for commercial purposes, this request should be granted. A motion was then made by Councilman Sutier, seconded by Councilm n Smith., that the foregoing request be grafiteds with the understanding that there would be no expense to the City involved, and 'subject to the final approval of the plans by the City Manager. Upon call of moll the motion carried unanimously. An estimate of the cost of paving the remaining 6401 of Gleason Street, from Ingraham Street to Shulson Street, was filed by the City Manager in the amount of $ 3,578,90, which cost would be assessed to the owners of the abutting property. This Would complete the paving of Gleason Street from Atlantic Av:•nue to Seagate. The following Resolution ordering the City Engineer to-prepare plans and specifications for this street improvement work was then introduced, and same was read in full: City of Defrap 38eaeb SE L a n pypyar _ plLAA} 100 N.W.15T AVENUE (305)278-2841 DELRAY BEACH,FLORIDA 33444 GORDON 0.TIFFANY CITY MANAGES LEON M.WCENES,MAYOR JAMES R.SCHEIFLEY,VICE-MAYOR MALCOLM T,BI RD.COUNCIL ME M9E N LEO P.BLAIR,COUNCIL ME M9!R March 26, 1982 L.ARLOTTE G.OURANTE,COUNCIL MEMBEP Mr. Lawrence. Strainge, Commander - American Legion Post 312 N. W. 10th Avenue Delray Beadh, Florida 33444 Dear Mr. Strainge: City records show that the City -Council granted your American Legion Post's request for a 99 year lease on September 9,1947, and that the City Attorney was to prepare the necessary lease. We are unable to locate the executed lease, and I understand that your records do not include one, either. We must conclude that the lease was never prepared. Accordingly, the current City Attorney has prepared the enclosed lease which will essentially do what was to have been done 34 years ago. Please review the terms, noting particularly Section 1 of the appendix which is our standard requirement. If this lease is acceptable to you, please insert your post number where appropriate and return an executed copy along with proof of insurance to me so I may present it to the City Council for its approval. Please feel free to contact me or City Attorney Herb Thiele if you wish to discuss this matter. Best regards. Sincerely, i 4GORD `TIFFAN Y 10 6 nager ' I GDT:cmf cc: City Attorney Mr. ozzie_Youngblood Encl i I l 1EQUAL OPrORTUNITY EMPLOYER MIF � • ;�[..s[-eoMasors FORM RA'• eo rOtetA as This lease, g Bade this /g-r4 day of rt.i).1tf 82 `o m By and Between CITY OF OELRAY BEACH,FLORIDA a hereirt culled flip lessor artd AMERICAN LEGION POST I �I N ! herr,irf rallpd the lPSSpe , 10ftnesseth,Thol in ronsideralion of fire rrrveoanls herrfn ranledned, on the part of fhr said Ejlessee to be kept rind performed,thr said lessor do es hereby lease to the said 1es.we, the follurnhrg desrribed property; Lots 23 and 24,Block B,West Side Heights Subdivision H M le Subject to the terms,conditions and agreements set forth in Appendix ao A,which is attached hereto and expressly made a part of this Lease. To %ve and TQ ROld the same/al•the lerni of SIXTY-FOUR(64)YEARS � front the /1-44 dory of A.1).1982 ,the said lessee paying i there for the annual refit Of Dollars, ,ir+rl the said fessre rarenrrols with the said lessor to pail the stud rent in annual lump um paclrttenls of One Do11aY eaeh on the, first day of each card every October, for the said lean,flip first paymeftf to he madr ore the first duel r,f October,1992,and annually thereafter for the term of the Lease! Efir rnerke rru anlawful,irnpro1wr or off onsiere lisp of the premixes: not to 4ax;fIn This leoxe or lit sub- 10 itng purl of said premises trrifhucrt the ifPr•fllrrf r•unsrnf of life lessor : riot to ifs?'soid promises fur-Ernrf other•par•pose!hurl cis omeeting hall for American Legion Post ,alid to quil trod dehurr u p said premises al the end of said lerm in rr,x flood evuldifiorl as lhrll are train (ordrrrur?f rt ear anti dreall and domogr by the elentrnls only excepted),.and fhr,told lexsre ler•reky rouenant s rind oyfff's thal if defnfrlf shall be made ire fife- payliv ent of flip reed os oforrsaid, or if the said 1ps,sre shall violole any of fire eovelrurft.s ref this reuse, their said fesser shall heranrr levant at suff eranre,hereby taaipiny all right of nolirr,and the lrssor shrill hr entitled immedialely to re-eiplleer oad re-fake possessian of the demisrd prrmises, r IVltfl�ss our hands and seals this �Qr`! dar of �Pr`1 A.D.19SZ_ ignr ,Seale rrd 1)e-!'ter of in Pr p enc. 1 STATE OF FLORIDA, COL'\TY OF PALM BEACH 1 HEREBY CERTIFY that on this day, btfort me, an officer duly authosiaad in the State aforesaid and in the County aforesaid to take Acknowledgments,�s peronally appeared t ik V1 4L to me -known to bt: [hc,-tenon described in and who executed the foregoing instrument and aeknowlodged before the that et.nvted the same. t Qf WITNESS my hand and official real in the County and State list aforesaid Chit day of C A. D,_A R Il 6;- C" ..- �.. ` .................................................................. 1!i Ile; hlrlrlrllrr7l! rc' rrrrif le-y- aa0t"!Y ssr IC S4A1I 8s itOefDR air U%7 Herbert Thiele All< R. voo,:oc��; A,r.21Isis i+r 100 ?V."l. 1st AVB. .f P WO(P IKU tArAtAf tin. L"Weewtf" co Delray Beach, Fla. 33444 1 APPENDIX A ADDENDUM TO LEASE DATED c Q _/�. ,19 82,BY AND BETWEEN CITY OF DELRAY BEACH FLORIDA,AND AMERICAN LEGION POST NO. That the Lessee, American Legion Post No. { 8 B , hereby covenants and agrees,as a part of the Lease between the parties regarding Lots 23 and 24,Block B, West Side heights Subdivision,as follows: 1. That the Lessee shall maintain In full force and effect for the entire term of said Lease, comprehensive liability insurance in the amount of $500,400.00 for bodily injury and property damage combined, each occurrence, which said insurance shall specifically name City of Delray Beach, Florida as additional insured under said policy, and that thirty (30) days' written notice shall be provided to the City of Delray Beach, Florida upon any cancellation or modification of this insurance policy. 2. That either party to said Lease may cancel same at any time,and for any reason, upon sixty (60)days'written notice provided by hand delivery to the President of the American Legion Post in case of cancellation by the Lessor,and to the City Manager of the City of Delray Beach,Florida,in case of cancellation by the Lessee. 3. That this Lease is made expressly contingent upon the Lessee using the leased premises for a meeting hall for the American Legion Post No. 1$g and its attendant activities, and for no other purpose. No other use may be made of the leased premises by the Lessee, its officers, agents and assigns, nor may the premises be subleased, without the express written permission of the Lessor. In the event the Lessee shall fail to obtain the necessary written permission, or in any other manner not fully comply with the terms and conditions set forth herein, then the Lessor shall have the right,at its option,to consider said Lease terminated,which termination shall take effect sixty (60) days subsequent to the date of notification of such termination given to the Lessee. 4. That nothing herein, nor the act of leasing said property to the Lessee, shall be construed as a approval of or participation In any of the actions, functions or programs of the Lessee. Wit esses: AMERICM LEGION POST NO, 1$$ By L�c[�/�GGflJCXJ r pS STATE OF FLORIDA C" p COUNTY OF PALM BEACH 4r7 BEFORE ME., an officer duly authorized to take acknowledgments, personally � - 1 appeared L,.p,A,(j�s. to me known to be the persons described in and who executed the foregoing instrument and *tvyt-n acknowledged before me that T 4 executed the same. SWORN TO AND SUBSCRIBED before me this ��= day of r., ,1982. Ar Notary Public,• tote of Florida at Large My Commission Ex ices: MCRO"SJUK Yrwrf a nO"D*AT u.�rr KtiYIED iWIV GENEI,AI INS, Lk4:W?x.,.TrjK witnesses: TY OF DELRAYr BEACH 8 (J r• ' r M A Y 0 _ - LIV ATTEST: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized to take acknowledgments, personally appeared t[J/LL&&D k, , yy k�and to me known to bete: persons described in and w o executed tt—ice orego ng insturment and they acknowledged before me that they executed the same, SWORrii TO AND SUBSCRIBED before me this _ day of July, 1982. ZZOtary Pt1bk Pu:lit,State c.Florda py Com�aslaa E:eire:::,jri!27, 19$5 u? M WORD VERIFIED PAL)J BEACH COU;TY,FLA JOHN S.DUNXLE 2 — CLERK CIRCUIT COURT AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH FLORIDA AND AMERICAN LEGION POST 188 ALSO KNOWN AS SHER ffA­NVXL-1AAM9 POST WHEREAS, the City of Delray Beach and American Legion Post 188, also known as Sherman Williams Post did, on the 1st day of October, 1992 enter into a Lease Agreement which Is to run for a term of 64 years from the date of the Lease;and, WHEREAS, the purpose of the Lease Agreement is to permit the American Legion Post 188 the use of City property for a meeting hall and Its attendant activities; and, WHEREAS, the Lessee is desirous of extending the property covered by the Lease Agreement to include the adjacent lots known as Lots 21 and 22, Block Q, West Side Heights Subdivision, to be used for additional parking in connection with American Legion activities;and, WHEREAS, the City of Delray Beach, Florida, finds the use of this property in connection with American Legion activities to be in the Interest of the citizens and residents of Delray Beach, and that said property is not currently needed for other City uses or activities. NOW, THEREFORE, THE LESSOR (CITY OF DELRAY BEACH, FLORIDA) AND THE LESSEE (AMERICAN LEGION POST 188, SHERMAN WILLIAMS POST) do hereby mutually covenant and agree as follows: I. That the property included In the Lease Agreement between the City of Delray Beach, Florida, and American Legion Post 188, Sherman Williams Post, dated October 1, 1982, and recorded In Book 3755,Page 979 of the Public Records of Palm Beach County, Florida, shall be amended to include the property described as Lots 21 and 22, Block 13, West Side Heights Subdivision, City of Delray Beach, Palm Beach County, Florida, as being part of the leasehold which is subject to the terms of that lease as well as the additional provisions set forth in this Amendment. 2. That the property which is the subject of this Amendment to the lease shall solely be used by the Lessee and only for the purpose of providing parking in connection with American Legion activities. 3. That the property which Is being leased under the terms of this Amendment shall be maintained by the Lessee by being mowed regularly and kept free of debris and trash. 1 4. That In consideration for the additional lots which are being made part of the leasehold, the Lessee shall pay to the City annually the sum of one dollar ($l.aa) which shall be additional to the payment now required under the original Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment for the purpose herein expressed on this day of 198 ATTEST- Ci Jerk Approved as to Forms Herbert W. A.Thiele, Esq. City Attorney CITY OF DELRAY BEACH,FLORIDA MAYOR AMERICAN LEGION POST 188, WITNESS: SHERMAN WILLIAMS POST Vii.. 2 October 29, 1984 Mr. Lawrence E. Strainge, Sr. Adjutant 312 N. W. loth Avenue Delray Beach, Florida 33444 Subject: Amendment to the Lease A reement Dear Mr. Strainge: I am enclosing two copies of an Amendment to the Lease Agreement which the City of Delray Beach has with Sherman Williams Post #188 of the American Legion. You will note that the Lease Agreement includes the two lots which are south of your Post, which shall now be available to the Post for parking. Would you kindly have both copies endorsed by the Post Commander and return one of the copies to us for our file. Thank you for your cooperation. Very truly yours, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: B a , A sistant City ttorney BAH:bb Enclosure SIGNED IN ABSENCE -to EXPEDITE DEL"Ry seconded by Ms. Kiselewski . Upon roll call the Commission voted as follows : Mr. Randolph -- Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan -- Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote . 9.E. RE VEST FROM AMERICAN LEGION POST #188 FOR ADDITIONAL USE OF LEASED PROPERTY: Consider a request from American Legion Post ##188 to allow Churches Reaching Out to Society (CROS) Minis- tries to use the American Legion building located at 800 N_W. 2nd Street for the South Community Food Pantry Food Program. The City Manager stated that currently there is a food program operating out of Mt . Olive Baptist Church. The church now has other needs for the space, so they contacted the American Legion about moving the program to that location. Under the terms of our lease with the American Legion Post, any use other than as a meeting place for the American Legion requires Commis- sion approval . Mr. Ellingsworth moved to approve the request from American Legion Post ##188 to allow Churches Reaching Out to Society (CROS) Ministries to use the American Legion building for the South Community Food Pantry Food Program, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. THIS ITEM WAS BEEN REMOVED FROM THE AGENDA. 9.G. PALM ACTS CONTRACT: Status report from the City Attor- ney. The City Attorney stated that her office had notified Palm Acts that they were in breech of their agreement with the City due to their sublicense with Charisma Entertainment Group, Inc. without the Commission's approval. Her office received back a letter from the attorney for Palm Acts dated June 3, 1996, indicating that they have cancelled their agreement with Charisma Entertainment Group. This means that Palm Acts has cured the default . Palm Acts also indicated that they will be in contact to seek the City's involvement in any future potential agreement with Charisma. The City Attorney verified that Palm Acts, Inc. is a viable corporation and they are still obliged to meet their requirements under the contract to have performances at the tennis stadium. Braham Dubin, Dubin-`& Associates, stated he will be in discussions with the various entities having contracts with the City insofar as the tennis center is concerned. He requested two weeks to formulate a recommendation and will report _back_to the Commission at that time. -21- 6/04/96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER U7 SUBJECT: AGENDA ITEM # �� - REGULAR MEETING OF JUNE 4 1996 REQUEST FROM AMERICAN LEGION POST #188 FOR ADDITIONAL USE OF LEASED PROPERTY DATE: MAY 31, 1996 As you may known, the City leases property at 800 N.W. 2nd, Street to The American Legion Post # 188. It is a 99 year lease, running to the year 2046. According to the terms, the premises is to be used as a meeting hall for the Post. No other use may be made of the property without the express written permission of the City, as Lessor. We have received a .request from Mr. Lawrence Strainge, Post Commander, for permission to relocate the Churches Reaching Out to Society (CROS) Ministries-South County Food Pantry from Greater Mount Olive Missionary Baptist Church to the American Legion building. The food program is for the needy and would be operated out of the building during the day. The American Legion will continue to use the building at night. The necessary renovations to accommodate the food program will be taken care of by Post #188 and CROS Ministries. This is certainly a worthwhile program and I recommend the Commission approve the -request through Written permission to allow this additional use of the property at 800 N.W. 2nd Street. —Q Std � �x1 v ref:agmemo12 The American Legion Post # 188 800 Northwest 2nd Street Delray beach,Florida 33444 May 31, 1996 Mr.David Harden City Manager City of Delray Beach Delray Beach,Florida 33444 Dear W.Harden: We,the American Legion-Post#188,are requesting permission to proceed with a partnership between the American Legion-Post#188 and the Churches Reaching Out to Society(CROS)Ministries-South Community Food Pantry Food Program. The South County Food Program is currently located at the Greater Mount Olive Missionary Baptist Church and has been approved by all parties to re-locate to the American Legion-Post#188 building located at 800 Northwest 2nd Street. However,to accomplish this moved there are renovations needed to the building in order to bring it up to code for the Food Service. These renovations will be taken care of by the American Legion-Post#188 and CROS Ministries. This letter is to inform and request the City of Delray Beach approval to proceed with the required renovations necessary at this location. Sincerely yours, (Lawrence F.Strainge,Sr., Commander SUBLEASE AGREEMENT OF SUBLEASE, made this day of , 1996, between AMERICAN LEGION POST 188 ("SUBLESSOR") and CHRISTIANS REACHING OUT To SOCIETY, INC., a Florida nonprofit corporation ("SUBLESSEE") . 1.0 PREMISES-TERM. SUBLESSOR is currently the holder of a leasehold interest in the premises located at 800 H.W. 2nd Street, Delray Beach, Florida ' 33444 and the adjacent parking lots (hereinafter referred to as "PREMISES") , pursuant to a Lease Agreement entered into on April 19, 1982 between the City of Delray Beach, Florida and American Legion Post No. 188, also known as Sherman Williams Post, which Lease was further amended on December 27, 1984 by Amendment to Lease, Agreement Between the City of Delray Beach, Florida and American Legion Post 188, also known as Sherman Williams Post (collectively the "LEASE") . SUBLESSOR hereby subleases to SUBLESSEE the PREMISES for a term commencing on the 15th day of June, 1996 and ending on the 30th day of June, 2006. The PREMISES is more particularly described as follows: Lots 21, 22, 23 and 24, Block B, WESTSIDE HZIGHTS SUBDIVISION. 2.0 RENT, SUBLESSEE agrees to pay to SUBLESSOR rent as follows: ONE AND 00/00 ($1.00) DOLLARS per year shall be payable commencing on June 15, 1996 and continuing to be payable on the first day of June of each subsequent year through and including June 1, 2006. Rent shall, be paid at the address of SUBLESSOR hereinabove set forth or such other place as SUBLESSOR may designate. During the term of the lease SUBLESSOR acknowledges SUBLESSEE'S permitted hours of operation as Monday through Friday, 7:00 A.M. to 2:00 P.M. and Tuesday, Wednesday and Thursday, 4:00 P.M. to 6:00 P.M. Additional hours of operation are permitted with the consent of both parties. 3.0 REPAIRS AND IMPROVEMENTS. SUBLESSEE shall take good care of the PREMISES and shall maintain it in good order and condition, ordinary wear and tear excepted. SUBLESSEE shall be entitled to make such improvements and renovations to the PREMISES as SUBLESSEE shall deem , appropriate and beneficial to the PREMISES, in SUBLESSEE'S sole discretion. SUBLESSEE shall be responsible for all costs of any such renovations or improvements and SUBLESSEE shall be responsible for payment of all workmen, labormen or materialmen providing labor or materials to improve the PREMISES. SUBLESSEE shall not allow any lien to attach to the PREMISES. Any such improvements or renovations shall require the Consent of SUBLESSOR, such consent not to be unreasonably withheld. SUBLESSEE shall complete the improvements in a good and workmanlike manner. 4.0 UTILITIES. SUBLESSEE agrees to pay for one hundred (100%) percent of the expense for all utilities, including electricity, water (if any), gas (if any) and telephone. SUBLESSEE'S obligation will include four (4) meetings each month of American Legion Post #188. For any additional functions (excepting funerals) , SUBLESSOR will reimburse SUBLESSEE' for its utility expenses at a rate of $25.00 per each two (2) hours, SUBLESSOR shall continue to maintain all such utilities in SUBLESSOR'S name, and upon SUBLESSOR'S receipt of utility invoices, SUBLESSOR shall immediately forward same to SUBLESSEE, and SUBLESSEE shall. make payment for the utilities herein within the time frames required by any such utility.company. 5.0 OBLIGATIONS OF SUBLESSEE. SUBLESSEE, at all times during the term of this SUBLEASE, SHALL: 5.1 Clean and Sanitary. Keep the PREMISES clean and sanitary, remove all garbage in a clean and sanitary manner, Page 1 of 4 and keep all plumbing fixtures clean and sanitary and in repair. 5.2 Use of Appliances. Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, cooking, ventilating, air-conditioning and other such facilities, appliances and equipment. 5.3 Neighbors. Conduct himself or herself, and require persons on the PREMISES With SUBLESSEE's consent to conduct themselves, in a manner that does not unreasonably disturb SUBLESSEE's neighbors or constitute a breach of the peace. 5.4 Compliance with Law. Comply with all present and future laws, orders and regulations of Federal, State, County and municipal authorities which affect the use or occupation of the PREMISES. 6.0 DEFAULTS. 6.1 If .SUBLESSEE fails to perform any of SUBLESSEE's obligations mentioned in the SUBLEASE, other than SUBLESSEE's obligation to pay rent, or if SUBLESSEE engages in objectionable conduct, or if the PREMISES are damaged because of negligence or misuse by SUBLESSEE, SUBLESSEE's members, agents or representatives, or other person on the PREMISES with SUBLESSEE's consent, then, in any one or more of such events, SUBLESSOR may, Serve upon SUBLESSEE the seven (7) day notice referred to in Section 83.56(2) , Florida Statutes, and if such default of SUBLESSEE has not been cured and corrected or objectionable conduct stopped within said seven (7) day period, then at the end of said seven erminate days, SUBLESSOR May at SUBLT�SSOR'S option, either (f) serving upon SUBLESSEE a three (3) day notice of SUBLESSOR'S election to do so, and upon the expiration of said three (3) days the SUBLEASE shall terminate and SUBLESSOR shall retake possession of the PREMISES for its own account, or (ii) retake possession of the PREMISES for the account of SUBLESSEE, who shall remain liable to SUBLESSOR, and in either event SUBLESSEE shall give up the PREMISES to SUBLESSOR. 6.2 Notwithstanding anything contained herein to the contrary, SUBLESSEE shall be entitled to all remedies available under Chapter 83, Florida Statutes, without limitation. 7.0 DESTRUCTION OF PREMISES. 7.1 If the PREMISES are damaged or destroyed in whole, by no fault of SUBLESSEE, so that the enjoyment of the PREMISES is substantially impaired, then the rent shall be proportionately paid up to the time of the casualty and henceforth shall abate until the date when the PREMISES have been repaired or restored, provided, however, that in the event of such substantial impairment, SUBLESSEE shall have the right to terminate the term of the SUBLEASE by giving notice to the SUBLESSOR of its exercise of such right at any time within thirty (30) days after the occurrence of such damage and destruction. If this notice is given, the term of the SUBLEASE shall terminate on the date specified in the notice, (which shall be not more than fifteen (15) days after the giving of such notice) , as fully and completely as if such date were the date set forth in the SUBLEASE for the termination of the SUBLEASE. If SUBLESSEE has not given the notice of termination as herein provided, SUBLESSOR shall proceed to repair the PREMISES, and the SUBLEASE shall not terminate. 7.2 ---If-- the PREMISES shall be_partially _damaged or partially destroyed, without substantial impairment of SUBLESSEE'S enjoyment of the PREMISES, the damages shall be Page 2 of 4 repaired by and at the expense of SUBLESSOR, with SUBLESSOR'S obligation only to use the proceeds of any insurance covering the PREMISES to effectuate any such repairs, with due diligence and expediency. SUBLESSOR shall not be liable fGr any inconvenience or annoyance to SUBLESSEE resulting in any way froth such damage or the repair thereof. 8.0 END OF TERM ABANDONED PROPERTY. At the end of the term, SUBLESSEE shall vacate and surrender. the PREMISES the SUBLESSOR, broom clean, and in as good condition as they were at the beginning of the term, ordinary wear and tear excepted, and SUBLESSEE shall remove all of SUBLESSEE's personal property. Any improvement attached or affixed to the property shall be deemed "real property". 9.0 NOTICE. All notices due hereunder and required by Statute shall be sent by certified mail, return receipt requested i to the SUBLESSOR and SUBLESSEE at the address set forth herein. 10.0 INSURANCE. It shall be the SUBLESSORS responsibility to insure, at its own expense, comprehensive liability insurance in the amount of $500,000.00 for bodily injury and property damage combined, each occurrence in accordance with the provisions of Appendix A, paragraph i of the LEASE dated April 19, 1982 between City of Delray Beach, Florida and American Legion Post No. 188. Property damage insurance shall be maintained in at least the value of the PREMISES, including all improvements therein. SUBLESSOR shall name SUBLESSEE as an additional insured in aforementioned policies and SUBLESSEE will name SUBLESSOR as an additional insured on its liability policy for this location. 11.0 WAIVER OF TRIAL BY JURY. SUBLESSOR and SUBLESSEE hereby waive trial by jury and in any action, proceeding or counterclaim brought by either party against the other pertaining to any matters whatsoever arising out of or in any way connected with the SUBLEASE or SUBLESSEE's use and occupancy of the PREMISES, other than an action for personal injury. 12.0 QUIET ENJOYMENT. SUBLESSOR agrees with SUBLESSEE that upon SUBLESSEE paying the rent and performing all of terms, covenants and conditions of the SUBLEASE on SUBLESSEE' part to be performed, SUBLESSEE may peaceably quietly enjoy the PREMISES. 13.0 GOVERNING LAW. This SUBLEASE shall be governed and construed in accordance with all Laws of the State of Florida, as may be amended from time to time, and venue shall be in Palm Beach County, Florida. 14.0 CONSENT. SUBLESSOR does.hereby acknowledge and agree that the City of Delray Beach, Florida has given its consent as required pursuant to the Codes and Charter of the City of Delray Beach for the SUBLEASE of the PREMISES from SUBLESSOR to SUBLESSEE, SUBLESSEE'S use thereof, and to the terms and conditions contained in this SUBLEASE. The City of Delray Beach, Florida does hereby attorn to and consent to this SUBLEASE AGREEMENT, and a copy of the written consent is attached hereto as Exhibit "A" and made a part of hereof. IN WITNES WHEREOF, the parties have executed the SUBLEASE as of the day and year first above written. } Witnesses: SUBLESSOR: AMERIC LEGION POST 1188 Printed Hama' tZ Title' _- i; Page 3 of 4 I i SUBLESSEE: `r CHRISTIANS REACHING OUT TO SOCIETY, INC., a 'Florida nonpro corporation Printed Nam: /Y/e ' Title Printed Name: By' ' Printed N �iR)+'_ 17: Q(3/U ..... Name:A7llnl. Q1Cr xitle ;intad STATE OF FLORIDA } } ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared G1GZ I in his/+re-r-capacity as CAM N F of AMERICAN LEGION POST l$8, r personally known to me, or [_] has produced as identification and who, being duly swornr executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 7'jL day of AQ& r 199G. (sl9neturs) •J (PXlRted Namel ' My Commission Expires; �ltt�tSSSSt+ti StSCS+ti�titttti�ti�ii5tt\11a�a�tti�ssw� My Commission No. is: *Fr►L James Boyd i '`}� NoiuS'PuL![s,Stsla of FEor� < � � rj,snmusioa Na,CC 55452! DMV my GnNUUissi.liq.47ainow S STATE OF FLORIDA ) �saoN+orarY•t>zNabrs.n�sgoaa�sco, c ) 8 S:•trl�rrrllr![rrlrrrrlrrr[rrH[trNrrrraurle(rr t COUNTY OF PALM BEACH � I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the C unt aoresaid, to take kno ledge en s, personal! appeared an r,�G ¢1 and owl as 5. f of CHRISTIAq REACHING OUT TO SOCIETY, INC., [�personally known to mer or [�] has produced as identification and who, being duly sworn, executed' the foregoing instrument and `acknowledged before me that he executed the same. WITNESS my hand and off' -al s al in the County and State last aforesaid this day of a US r 1946. (Signature) Je64rt4e (Printed Name) _ -My Commission_Expires: _ _ _ M Commission No. is: Ja JEANNEHEI1VILl1� Y FM K"`% FAV CAMMISSiON Y CC296065 EXPIRES . Jana 21,1997 ­xk &ONoEa TiiWJTFr1Y fUN 11L5HIUHGE.IFC. sae\whlc li ent\mekinney\chrietia.lea Rev. 6111/96 Rev. 1129196 Ray. 8/02/96 Rev. 8/06/95 Page 4 of 4 r GRANT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND AMERICAN LEGION POST 1„88 AND CHRISTIANS REACHING OUT TO SOCIETY, INC. THIS AGREEMENT is made on this ?tday of 200A by and between the CITY OF DELRAY BEACH ("City"), AMERICAN LEGION POST 188 ("ALP') and CHRISTIANS REACHING OUT TO SOCIETY, INC. ("CROS"). WITNESSETH : WHEREAS, the CITY has leased certain property to ALP for use as a meeting hall; and WHEREAS, ALP currently subleases this property to CROS; and WHEREAS, the Solid Waste Authority began to assess properties for garbage disposal in 1990; and WHEREAS, the City has paid this assessment over the years, although, it is the responsibility of ALP to pay this assessment; and WHEREAS ALP and CROS has requested assistance from the City in repaying this amount; and WHEREAS, the City has agreed, on a one time basis, to give a grant to ALP and CROS for the outstanding amount as these organizations perform a meaningful and beneficial service to the community. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Grant Award. The City shall award a one time grant in order to defray the cost of the Solid Waste Authority assessments, for the property described in Exhibit "A", paid by the City in the amount of$4,011.81 for ALP and in the amount of$7,469.15 for CROS. This grant award shall be contingent upon ALP executing the Restated Lease Agreement, attached hereto as Exhibit "B". ALP shall be responsible for all future payments of the Solid Waste Authority assessment on the property as provided in the Restated Lease Agreement. 1 Payment by City. The City shall make such grant award to ALP and CROS by reflecting such award and payment for the Solid Waste assessment in its accounting records. No money shall actually be paid to ALP and CROS. 4. Term. This Agreement shall terminate by December 1, 2004. 5. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and shall supercede all prior oral and written agreements, as to this Funding Agreement. 5. Modification. This Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assignment. This Agreement may not be assigned without the express vi ritt6K.tOnsent of the parties. �,T SIT: CITY ELRAZBZA By, creyrfek t Jeff Perlman, Mayor &�'Deed as to Form: 'y ,City Attorney Witnesses: AMERICAN LEGION POST 188 e ' GAD By: -�.t�-,� igah Morris, Commander (print or type name) 2 I I i i a Theodore Robinson, Secretary (print or type name) Witnesses: CHRISTIANS REACHING OUT TO _ SOCI (print or type nam (print name) r (print or type name) 3 EXHIBIT "A" Lots 21,22,23 and 24, Block B,West Side Heights Subdivision. EXHIBIT "B" RESTATED LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND AMERICAN LEGION POST 188 TABLE OF CONTENTS PAGE ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises 4 1.02 Parking 4 1,03 Length of Term and Commencement Date 4 ARTICLE II RENT 2.01 Annual Rent 5 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use 5 3.02 Conduct 5 3.03 Alterations by Lessee 5 3.04 Hazardous Substances 6 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee 6 4.02 Lessor's Right to Inspect and Repair 7 ARTICLE V UTILITIES AND SERVICES 5.01 Responsibilities of Lessor and Lessee 7 ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor 8 6.02 Personal Property 8 6.03 Indemnification 8 ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War or Act of God 9 2 TABLE OF CONTENTS PAGE ARTICLE Vill TERMINATION 8.01 Termination by Either Party 9 ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant 9 ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises 10 10.02 Holdover 10 ARTICLE XI MISCELLANEOUS 11.01 Notices and Consents 10 11.02 Severability 10 11.03 No Recording 11 11.04 Venue 11 11.05 Captions 11 11.06 No Representations - Entire Agreement 11 11.07 Time of the Essence 11 11.08 No Assignment or Subletting or 11 Licensing of Premises 11.09 Radon 12 1110 Benefit and Binding Effect 12 Exhibit "A" Collectively referred to as the Premises 3 RESTATED LEASE AGREEMENT THIS RESTATED LEASE is made this _ day of , 2004, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as the "Lessor", and AMERICAN LEGION POST 188, hereinafter referred to as "Lessee". WITNESSETH : WHEREAS, Lessor desires to lease the premises depleted in Exhibit A to be used solely and exclusively for a meeting hall and attendant activities. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this Lease is made upon the agreements, terms, covenants and conditions hereinafter set forth, ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lessor demises and leases to the Lessee, and Lessee rents from Lessor, land as further described in Exhibit A, attached hereto and by reference made a part hereof, referred to as the "Premises". Lessor hereby grants Lessee non-bxclusive easement acres the property for ingress and egress to t#�e Pr*ernlses wring the term.=of this Lease,; 1.02 Parking Parking shall be located on the Premises 1.03 Length of Term and Commencement Date The Term of this Lease shall be for a period of sixty-four (64) years commencing,from.October 1, 1982 (the original "Commencement Date".) and..expiring on the 30th day of September, 2046. '` This Lease may be renewed for a twenty-five (25) year period upon the consent of both parties. Upon the expiration or termination of this Lease, Lessee shall have the option to remove the building or any personal property from the property. 4 This Lease shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this Lease after any applicable grace period. ARTICLE II RENT 2.01 Annual Rent The Rent payable annually in advance by Lessee for the Term of this Lease for the use and occupancy of the Premises is One ($1.00) Dollar per annum. Lessee is a tax exempt entity as evidenced by tax exemption # No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lessee, unless required by law. If so required, the Lessee shall pay for such taxes for prior or future years, all as may be required by law. Payment of Rent will be mailed to Lessor as stated in Section 12.01 of this Lease. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use Lessee shall use and occupy the Premises for the purpose of a meeting hall and attendant uses, and for no other purpose or use whatsoever, without the prior written consent of the Lessor. 3.02 Conduct Lessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Lessee acknowledges that its employees and the Premises shall throughout the Term of this Lease be in full compliance with all Federal, State, County and local statutes, laws, rules and regulations including without limitation, Sections 402.301 to 402.319 inclusive, Florida Statutes, if applicable to Lessee and rules and regulations promulgated thereunder as may be amended from time to time and shall be properly licensed by all applicable authorities as may be required for the lawful operation of the Premises as a meeting hall. 3.03 Alterations by Lessee Lessee agrees to perform, at its own cost and expense, all work necessary to fully equip and maintain the Premises for Lessee's permitted use of the Premises as specified in Section 3.01 of the Lease. 5 Any installation, alteration, addition, improvement or other physical change ("Alteration") requiring a building permit in or about the Premises by the Lessee shall require the prior written consent of Lessor whose consent shall not be unreasonably withheld. Lessee shall submit plans for Lessor's approval of all such alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the term of this Lease, In the event a construction lien is filed against the premises, Lessee shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part I. Lessee, within thirty (30) days after notice from the Lessor, shall discharge, or shall have mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been furnished to the Premises on the Lessee's behalf and to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by the Lessor as a result of any such construction lien. All buildings, alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable furniture and fixtures put in at the expense of Lessee and removable without defacing or Injuring the Building or the Premises), shall become the property of Lessor at the termination of the Lease Term. 3.04 Hazardous Substances Lessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, material or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Lessee shall immediately report such occurrence to Lessor, indicating what is being stored or disposed of, and what actions Lessee is undertaking to remove said hazardous substances or petroleum products. Lessee agrees to indemnify, defend and save harmless the Lessor from and against any claim, damage or loss incurred by Lessor as a result of the storage, disposal, exposure or transportation of the aforementioned hazardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee (a) Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition. Lessee's responsibility includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof drains, outside walls, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the 6 Premises and located in the Premises. Throughout the term of this Lease, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and replacement if necessary, of the HVAC systems of the Premises. Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both Interior and exterior) and any additional buildings both interior and exterior constructed on the Premises. The exterior building color shall be approved in advance by the Lessor. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary all outdoor lighting and outdoor paved areas on the Premises, including, but not limited to, parking lots on the Premises. Lessee shall be responsible for repair and replacement of fencing, if applicable, and for the maintenance of the landscaping. (b) Lessor shall maintain the irrigation system located on the Premises. (c) All maintenancelrepair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. 4.02 Lessor's Right to Inspect and Repair The Lessor or the Lessor's agents shall have the right upon reasonable prior notice to the Lessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises or the Building, which are Lessor's responsibility hereunder or which Lessor has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessor in a manner calculated to minimize interference with or disruption of Lessee's operations within the Premises. ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Lessor and Lessee Lessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Lessee's use of the building and parking areas located on the Premises. Lessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the building and parking areas located in or on the Premises, including the cost of outside lighting of the Premises; by contracting directly with the utility company furnishing such utilities to the Premises. The Lessee shall remove its refuse and rubbish from the Premises to any area on the Property to be designated by lessor and from which it will be removed at the expense of Lessee. Lessee shall be responsible for all garbage and trash removal fees and charges including but not limited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The lessee at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly cleaned. ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor Lessee shall maintain in full force and effect for the entire term of this Lease, comprehensive liability insurance in the amount of $500,000.00 for bodily injury and property damage combined, each occurrence, which said insurance shall specifically name Lessor as an additional insured under the policy, and that 30 days written notice shall be provided to Lessor upon any cancellation or modification of the insurance policy. 6.02 Personal Property All of Lessee's personal property placed or moved in or on the Premises shall be at the risk of the Lessee or owner thereof. Except as otherwise provided herein, lessor shall not be liable for any damage to said personal property, except to the extent caused by the Lessor, its agents' or its employees' willful or negligent acts or omissions. 6.03 Indemnification Lessee shall indemnify and save harmless the Lessor, its officers, agents and employees, its officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action allsing during the Term of this tease or any renewal thereof, for any personal injury, loss of life andlor damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Lessee, its agents, employees, licensees and invitees and the general public and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabil- ities incurred in and about the defense of any such claim. Said indemnification by Lessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the sole negligence or willful misconduct of the Lessor, its officers, employees or agents, its officers, employees_or agents. the 8 event that the Lessor is made a party to any litigation commenced against the Lessee or by the Lessee against any party, then Lessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lessor in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessor. ARTICLE Vil DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War, or Act of God In the event the Premises shall be destroyed or so damaged or injured by fire, flood or other casualty during the term of this Lease or any extension thereof, whereby the same shall be rendered untenable, in whole or in part then the Lessee at its sole option may terminate the lease or may commence and complete replacement or restoration thereof within five years of the aforementioned event. In the event of any such casualty and if Lessee fails to complete restoration or replacement within the five year period, the Lessor may, in its sole discretion grant an extension of time or terminate the Lease, and Lessor may complete the restoration or replacement or demolish the improvements and properly dispose of the demolished materials and Lessee shall reimburse the Lessor for all costs and expenses in doing soy In the event Lessee or Lessor elects to terminate this Lease, instead of replacing or restoring the premises, both parties shall be relieved of all further obligations hereunder, except as provided herein. The cancellation herein mentioned shall be evidenced in writing. ARTICLE Vill TERMINATION 8.01 Termination by Either Party Either party may cancel this Lease at any time and for any reason, upon One Hundred Eighty (180) days written notice provided by hand delivery, mail or fax, ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant Upon payment by the Lessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption, subject to the terms of this Lease. 9 ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises Upon expiration of the term, the Lessee shall, subject to the provisions of Section 3.43 of this Lease, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessor in good repair and condition, excepting reasonable wear and tear arising from Lessee's permitted use of the Premises. 10.02 Holdover Any holdover by Lessee, with or without the consent of Lessor, at the expiration of this Lease, shall create a new tenancy from month-to-month between Lessor and Lessee which shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or extension of this Lease. ARTICLE XI MISCELLANEOUS 11.01 Notices and Consents Any consents, approvals and permissions by the Lessor shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given if mailed, faxed or hand delivered to: (a) if to the Lessor at: City Manager 144 N.W. 1st Avenue Delray Beach, FL 33444 (b) if to the Lessee at: Eligah Morris, Commander 426 S,W. 4"Ave, Delray Beach, FL 33444 Or at such other addresses as the Lessor or the Lessee, respectively, may designate in writing. 11.02 Severability If any term of this Lease or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law: 10 11.03 No Recording Lessor and Lessee agree that a Notice of Leasehold interest, in form agreeable to each party, shall be recorded in the public records to set forth the term of the Lease, identification of the parties, and notice that the Lessor's interest in the Premises is not subject to any lien 11.04 Venue This Lease shall be governed by and interpreted according to the laws of the State of Florida. To the extent allowed by law, the venue for any action arising out of or from this Lease shall be in Palm Beach County, Florida. 11.05 Captions The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. 11.06 No Representations - Entire Agreement This Lease constitutes all agreements, conditions and understanding between Lessor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. 11.07 Time of the Essence Time is of the essence with respect to each provision of this Lease which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. EST of the next business day. 11.08 No Assignment or Subletting or Licensing of Premises Lessee shall not assign nor sublet or License the Premises without the prior written consent of the Lessor, which consent may be granted or withheld in the Lessors sole discretion, unless such assignment is to any successor of the named Lessee which shall use the premises for the same permitted use, in which case Lessor shall not unreasonably withhold its consent. All sublesses's must abide by all of the terms of this Lease and any sublease shall include all of the terms of this Lease. 11 Lessor acknowledges that Lassee has currently subleased the Premises to Christians Reaching Out to Society Inc.,`'a non-profit corporation and Lessor hereby con sen#s to su0.s ublease for the duration bf such sublease or anyrenewal periods. 11.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the public health unit. 11.10 Benefit and Binding Effect This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. A. IN WITNESS WHEREOF, the parties hereto have duly executed this d-ase a$ of the date set forth below. r } ATTEST: r. .. LESSOR: T;:. '' CITY ELRAY C By: ity Clerk .Jeff Perlman, Mayor qtr ?! v ss to form and legal suttic�en. y: City Attorney LESSEE: WIT ESSES: AMERICAN LEGION POST 188 By: _ Eligah Morris, Commander (print or type name) By.' _ Theodore Robinson, Secretary (print or type name) 12 LEASE AMENDMENT AGREEMENT THIS AGREEMENT, made this -S-`6day of "PeC. , 2006, between American Legion Post 188 . ("Sublessor") and Christians Reaching Out to Society, Inc., a Florida nonprofit corporation ("Sublessee"). WITNESSETH: WHEREAS, Sublessor and Sublessee are parties to a lease agreement (which lease agreement, together with all modifications and extensions thereof, is hereinafter referred to as the 'Lease"), for a building located at 800 N.W. 2"d Street Delray Beach FL 33444 (the "Demised Premises"). WHEREAS, said Lease expired the 31 st day of August, 2006; and, WHEREAS, both parties hereto desire to extend the lease for a period of Ten (10) years with a singie Ten (10) year option to renew. NOW, THEREFORE, in consideration of the mutual covenants and promises exchanged herein and other good and valuable consideration, the adequacy of which is hereby acknowledged, Sublessor and Sublessee agree to amend the Lease as follows, effective on the execution of this Amendment. This Lease Amendment Agreement shall be upon the same terms, covenants and conditions provided in the Lease, except as the same are hereby modified and supplemented. Wherever there is any conflict between this Lease Amendment Agreement (hereinafter referred to as this "Agreement") and the Lease, the provisions of this Agreement are paramount and the Lease shall be construed accordingly: 1) Permitted hours of operation shall be amended to include: 7am-2pm Monday through Friday and Monday, Wednesday and Thursday, 2pm — 6pm. Additional hours of operation are permitted with the consent of both parties. 2) Repairs and improvements shall be amended to include Sublessee's maintenance of the landscaping including, but not limited to, trimming, mowing and planting without consent of Sublessor. IN WITNESS WHEREOF, Sublessor and Sublessee, by their respective officers and/or authorized representatives, have caused this Agreement to be signed in quadruplicate as of the day and year first above written. Sublessor: Witnesse . Sublessor: Signatur . American Legion Post 188 Printed Name: !-i �- ir? gY; _' Name; '54A4s6 _ __ Signatur : Printed Na Sublessee: Witnesses: Sublessee- Signature. ��}} 'C Christians Reaching Out To Society,Inc. Printed Name:^�.U!I r A-G r—f-.IA By: Name:, Signature: )) Printed Name: kii ! Message .Page 1 of 1 Community Food Pantry From: Shutt, Brian{Shutt@ci.delray-beach.fl.usl Sent: Tuesday, December 05,2006 8.45 AM To: Community Food Pantry Cc: Ruby, Susan Subject: RE: Caring Kitchen lease re-newal with American legion Juanita,the agreement looks ok. Thanks. Brian Shutt From: Community Food Pantry[mailto:communityfoodpan @bellsouth.net] Sent.,Tuesday, November 28,2006 10:33 AM To: Ruby, Susan; Shutt, Brian Subject: Caring Kitchen lease re-newal with American Legion 1 thought it would be best for us to run the lease renewal by you before we sign. Let me know if it is okay with the City. Thanks! Juanita Bryant, South County Coordinator Caring Kitchen/Community Food Pantry CROS Ministries www.crosministries.org *** eSafe scanned this email for malicious content *** *** IMPORTANTt Do not open attachments from unrecognized senders *** 12/5/2006 CE204I01 City of Delray Beach Florida 4110115 Related Cases & Inspection. Selection 10:35: 09 Property, address, ID 196 NW 8TH AVE Property� Control Number 12 43 46 17 26 002 0230 Alternate ID . . . . . . Type options, press Enter. 1=View case summary 5=View case detail Opt Number Status Date Insp Description 15 00064329 IN COMPLIANC 3110115 TLM TRASH PICK-UP CHARGED TO CUST _ 12 00030.368 IN COMPLIANC 6126112 TLM TRASH PICK-UP CHARGED TO CUST _ 11 00020337 IN COMPLIANC 9113111 TLM TRASH PICK-UP CHARGED TO CUST _ 11 00012702 IN COMPLIANC 2108111 TLM TRASH PICK-UP CHARGED TO CUST 09 00107799 IN COMPLIANC 11103109 TLM TRASH PICK-UP CHARGED TO CUST _ 08 00093313 IN COMPLIANC 10128108 TLM TRASH PICK-UP CHARGED TO CUST _ 08 00085607 IN COMPLIANC 5128108 TLM TRASH PICK-UP CHARGED TO CUST 07 00063506 IN COMPLIANC 1123107 TLM TRASH PICK-UP CHARGED TO CUST 07 00062378 IN COMPLIANC 1109107 TLM TRASH PICK-UP CHARGED TO CUST _ 04 00029255 IN COMPLIANC 2/17/04 TLM TRASH PICK-UP CHARGED TO CUST More. . . F3=Exit F9=Display open F10=Cases only F11=View 2 F12=Cancel CE204I01 City of Delray Beach Florida 4/10/15 Related Cases & Inspection Selection 10 :35: 09 Property address, ID 196 NW 8TH AVE Property Control Number 12 43 46 17 26 002 0230 Alternate ID . . . . . . . Type options, press Enter. 1=View case summary 5=View case detail Opt Number Status Date Insp Description 00 00066872 IN COMPLIANC 3122100 PN TRASH PICK-UP CHARGED TO CUST _ 00 00065842 IN COMPLIANC 3101100 IB BROWNING-FERRIS COMPLAINTS _ 97 00040624 IN COMPLIANC 918197 PN NUISANCE ABATEMENT CODE CASE 91 00002167 IN COMPLIANC 11108191 EG NUISANCE ABATEMENT CODE CASE Bottom F3=Exit F9=Display open F10=Cases only F11=View 2 F12=Cancel . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . CITY QF ) L.aAY BEACH Community Improv4marrt Department DEPARTMENT U rONLv ApPUCAT ON FOR SUILDING PERMIT (4d7) 243-7200 � Pwk 1 LEASE-PRINT , Fee a g 3 4 . 0 F �z !' Perndt Rita D" C�31! #ifs, -,TWF SE SU13 6LgCK LOT ALL INt aR?AA ON NPORTA kr t ua.nor+.�us�,w►�.�:. rrrr s+n sue' TOTAL F'EtF vsrc 5 �` . Ae r6 aV8. . T, t3: pun CI::{ gr 8Prtf011IIon:9E�ow i r'!€ rfl 11M) Bum.Fipht. . A F f,(k�a S J Pte, fir,To+1ti] StF1M� YI[iJTATZOIt: t C] Twa a#�orr Fad (r No otDwllfig tJr o t�ra�a.taerpprt ' _nt. - t a Tars Dop.,er,.# . r I].,NCI(9tank,Mrn } .: . . C3 1t>e t Nq!cF ftwobv. t. . . . .thral la W1M41np pira rlt[briraul QA 04 beds 4 ww w loa to tbA iMwl�Mt ariN bilari len as NOW�ild.Mlth tfi� :PALM WACK,].IMPACT FEE5.-00 if�elrvlteal� Sing.tll�o¢Iwl r►d;*4t* Y _ towAro ews O W!be Whwhw mom*m d In �z stw#ppttaAtarr 094 a[.rwk t and4r#p Id flprii`w� P�m!!r! a+lr of 1RIR 4oMItMk�q 14niabpNn on Mw araaMd plrtt Pubk m Igo.!l�wfl -+ ti rove P Yo]br ar SPFIAB or t ]A .g t for sndr +cirrxrfr tut+ j 3S&40ia ' . +rraF 1+�ea�f�txamvht 1a s trnrr.4 a.a.! x_� _ a�+MI!��rM�ie aar�nl.ur 5.+ha wrs�a[ Road Impret SETILACKB: CJ r eoire of AC�uan+int 7W POFAMI_ ova_ VAS a 7iL ftt� Y OE v Rear # IM WHO a z JWDUCEV Y WHO ti O P. oasltrol rsutntri► inwt bar an plrmit . M M o—ucdm-Ilrot tnrin V#dn t ]Ll@filAtJl7tON z Sk k K 1s0 , ,�,� Plat mart t*cn jab b�for�M+Ipdotlorlt b�s add. .- 1Nt0ltKE s COUPENUT"NA i iwtOrrlMip�tfo OD rn@ft*WY`t#o&Ym r R Z a _ �+ Desdiptfon of Waik /�',`, f+��'►Y� `•�`ki' n I'FailiaViY�x�aR1'.v/�.L�I V12W ZO 000.: Fi n° . i if t3We»r Wft­k toa + I � . 3r�. :.NW ,10 ' Ave : acct �- 33.14 }7�SI Mp. r oc_ c. 4 I11� flrac LLaf�lo fG� .0386.'3 334 t 1: ..- :. ..: '.Lim Ngk,. ♦1►®Oc '\Users\code enforcement\006921B4WM CITY OF oELRAY BEAC plitiNE i 4 071243-7406 _ r1 's Trzoparty Coutra:I v u mr aEUiC L►e ua► permit llpplicakion. Pextrtit ettprha if coArkructiQtr is not 'begun. Within 18.0 days.:: gianm �ru■t 6e on:jo6 &1Ff0re.inspection,Will be mi4e. I At lase! 3 ioapection to hr 0,44dia every _180 days dr. permit 0xpir ' FiA+�1 itt■grctian i■ re0jr". are all permitm. . . . . �--- i I a?.' Z 0,. BLOCK . Cf1 Y::. T1A�P !!C x1iiD ., ..... PLAN CKECIC HUMER aLbc. ERxiT t u14ass• prPATT HO„ tip aApii cab lI _P usE:PRINT �!?8 �i�a r►nbxsss �� 31�`�! �Q �.� kl,;. � � ,� . . �A-� ��3�-G LEG1yLt ..LOT(S): a.z30 RLII Od2 . SUBDIVISION ! _ P � a�ifi�r-o er Hna�a '6 e-at jTP-v raarra �e a�a �r o ER AP F- r (�J. AILLCA ' ,1 U. MECFiaNT .. CCWTR►CTOR ADDRESS, 7 f � . �NT���� iLL✓1 ti$N OR ,SEFLAC�ltT ANY�tIfi$R3sTI01 BI.OWEB EnHAUsT�-MO0Ds-2O0` n QUIPI3ENT TYPE SFR�Y EOO'i'H C.U. MODEL NO„ KITCHEN titK}b H.P. OR! BfTPpItE$slt3ki �rsT�s& ? afr } 7�., . B V.J�.P, MOA KALON r Mza E�'FIC'Y R�4TINC DRY clim VET CH6M OTHER I�QUIPMENT #'ire Dept. Applroval� �.� :Date inspeatos'e Approva $ t e o a er bans g > peermit ree Contra;tar g'ltegxatrat on Ho. iiiQR]CERS G?!tF ! $ 0;-7.0.9 } THL" FOREGOXAG INSTRUMENT: W.A OWLEDG�D �� � T from M4r erg- Co�aPr You 8BF � TRIS rr- DAY: OF r mnet $f i1 au.k 'T fO . .�! ligKi . .Gl. .. .. N{. _ "1'O HE OR 5Ni0 HAS 2. - � JW H e as arts d ]r1 ..Ary i i#i■ka St #�C X5091 =. • :O 1 B;Maolt..11pp . f`�r ;iii`sTAQ •� pe or r .i�t tJemp (SiAL). IT t e Sekia " r: . 440Z~ Users\code enforttt�M-emt�006-9=4 .WM C3?�' D�RA`. PAGE 01 01116/1994; 16:19 407-243 722_: -� �►1 L �7R �JttSI�NPERNLT i r=' C'Ztx nr DsRAx PROHE 407'/243-4260: ; EB 2. � 7 �r Permit expires if conatrumEwt ix Riot beg" within ISO days Plsnr Must 6e on joh before inspection Irtl: be uAile-, At least 1 inspection to: bt. *Wde aa�. � . da final .fine ry ya or perdu amp a p�ativa it �requxe@ :onali`pel�iits� 2:j, 2 k 3 4 1 7 2 6 0 t�rr �Q rwF .. saw IMCK cor Prue cam, xaaee: Px3 [i appT�cableT.. . . . .. r. a pR3 40n #TE'.:74mms 196 NW $th::Aye. LEMMr UT(g) 02 300 2 26 PRQPERT3C ►3irh" '. DELRAY BEACH CITY pg to l: �) ' + i 3�wput OWNU AnDAMS 3.1.2; NW 10th Ave , Defray Beach M8C3MxCA 001tACT0R at11K1C HILL::YORK CORF. PROti S 561.) 68.9-7355 at . each F1 33409l tzCtt L?afilXAR 2BL S 3921.kest i . l n . N ' OR RZKAhLCtOK= g' qST- - e PIIR CpltAITZCMtZtiO flS1lTI�G 38 ug-.03b--3 chit XWEL No. 38013-048 moonND. Electric:heat W4Y3002 FA4ANE.:`0 36 X�.H.Il�. li�D1l� t+i0t ���-048 r�b71GITX RTOEi MP ACM 8.4:000 total Sxzz (2) 10 xw C;,F,M_1tATsNG 2;800 total.: ,: —' DUCT'- _ Fine lass C.n,.a�, RATING •kurERIAL �.!!« TING 10 " INSIILiITIAH_ Inspector's Approval 4t;U re o perms 6 rwa s; { 7-02110' Contractors esistrat as Ho_ . - CNA 77R$tiQIHG IRiST�tiT Ytl4.5 AC7Rt(INEDGED F�R3S 14208953 HErd HE '1'1ixS 2 ItAY , I� E]C!HFIT from idor GrB " �IPr .I'� e r r > mart fill out E]7"T runt wtt`p`i�FSll z x:?axar. Rix Q PRODUCED w CIL TDCRTTFxCAT H-ANt1 V x-AN:OX1`H. -- hype ar .P�i � c- -; M.C. t. Scc .. �'""` { �£._hJaP r ♦r®OC: \Users\code enfox•cement\006921B4 .WM l:c is j rdaxs-ood and agreed that this r�riesr -for CODE COMPLURCE of his pl,aa is s0bjec tO cb . . . bu t',s sad/ .a3�re "s compliumcia with auidg P eetracal. mI. z1aY a r the of Gi1'1C LRAM BEACEL use pla= must .b4--.� THE-JOR at J)L tomes for ALL iuspeptt3ons� DATE . 7 • � x pE1T No. b �. / £' �a4t au ? 4mt Ovmear Date *VO@C: \Users\code enforcement\006921B4'.WM WM:; b$TZ690.0\�uama3zoJua apoa\szasn� :DC®A♦ . ( +- z - .; . . . . . . . . . . . . . . . . . . . . .. . . . . xv JQ . .. . . . .. . . . . .0:-x AP 3 � -�-j S L F { _a - . . .. . tl. P . PALM BEACH FIRE EOUfPM ENT M FNI£_ -655 .. .. . . .A-?Ent Diivt Riv'&a Sea�h 'f1 3340 . (40Ti 841-68577 F (467}W-59 SU 4ITTAL ufim� taC E3ata_ e ?-€5-97 Presented a. 'itY ray. Project Hookup of preprped; PYTor-hem Restawant Fire supprewon .system r t.L00 in a grease hood,(IN°PP.A 9 by others) at the Food Pantry 196 8th A ve- Did Beach, F�oricla. I . .. {��a F�:'x5 .t�'� �, •: N—{i^-� f� tic if?..`t .� Z I ♦rqgC: \Users\code enforcement\006921B4 WM L li . . . . . . . . . . . .. ... ::::_0TV: OF ,- E AV .. . . . . . . . . . . . . . . 00 NW_tsi w4E"UE OEORAY BEACH_.FLOFODA 3x444 4G71243.7000 DATE. a PERMIT # For '.consideration of autho ruing the ITTZT.ITY COMPANY to connect electri4: service. BEFORE ``FINAL INSPECTIOb:. (I)(We) 11-414 .being the' .0WNER(S . or. COI�TRACfi[ A of . the SCxJP 1 r located:.at qC� /ZCXJ i _ and being cons u 64 trcted under the CXTY :bF DELRAY;BEACIH CODEi do hereby agree.: to. complete the 0 lowing. :' r' �rZ�IC , � ►'!C� -t�rr 't�-'r/�' PC '�.i2 :befrsre (Date) .. FURT€ ItRMORE, If for any reason,: (I) (WE)- hava mot cmmgl Ed with . ' ty to order.the above ;iequixemients this: eeMdntis yo�z Guth , the:':- Xsconnection ;of*electric: service. (I) (WE) agree to hold . the= CITY OR DELRAY BEACH and the COMMUNITY. .IMPROVEMENT DEPARTMENT bla Bless far any Lass' r— damage resu. ding :f om di'sconnecting the electric service. PROPERTY:,OWNE OR CONTRACTOR EL. RI TOR Y APPROVED B Y _ B'C)'ILflII�DG:flEPARTMEI+IT`QFFICIAL' DATE: - \ POWER RE`LEAS fl Date Time Spoke to'. . : io ni Lt Forts Cal:l.ed':Tn 9y.i. i . A:Temp-Ser<Ele tffnployee) ": TH 6-= ,R;: A ��:.1vs Ilfl. r+cap . . . . ♦r®9C: \Users\c0de enforcement'\006921B4 :WM IRA IN I IM Mim W IN mm INN! mmmm I PM. , IN pm,__ NO MIN111MIN ----------- M1, MINIMININ e " . M1, mmm 1"' m mmmm 1m PA � low MOMS -— I=M Imm WMIN INN MINIM Jobsite . . ft�ler, . : . 1'Vm .Hite Equ4nnent Co. FQOd f}ant;} 7655 A-2 E> ice l3rivt 1 X16.Pill St1t Aver Rivii is Beach:FL 33404: Uelrac be C Fl, 561442-6857 561-&42-5944:Faac 2-4-917 . . . . NFPA 96.:(Hood to-athm) . Prxachem PCL'-350`Wet Restmrav fire supprc&sku system UL:303 Electrical mcrosvritch supplied(All electriealshbukk ms by otl wsf . . Mechanical gm NAwmVOW(inslaliation by:othm l . All pipe black irom all peticstiatiam thnw9h gimme hood We UL lister!P,ww tight seals . Remo°ptdI at path of 5'nkvdn urn:l'ruin llgor ]4`."c1 duct' NL-D2 : 7'Hpod . _ NL A PCL-15t► 9 flow paints :3 F: 60 F' .'3-'NL-R(i2 67 stoic ♦b®OC: \Users\Code enforcement\006'921B4 .WM - . . . . . . . . . . . . . . . . . . . TT R c N . . . . . . . . . . .. . . . . .. . . . . . . 5 � � '' FIR SUPPRESSION TECHN ICALMA UAL - COMPONENTS . . DESIG t STAL A MAINTENANCE afro Chem, Inc. 301 E]cisron Seet UF7C383t# 'aoomm.New;iersO.97005 Afaverr�bes r, M4. P1�t-:31S-d24504 . ♦tl®OC: \Users\c ode:-enforcement\006921B4 :WM . Chapter 3—Sys-,ern DeniGn Syst `h4 mw,li tSVerA�e:pmperdesignesfthei?w then-lies- a+�ran l tre crppr for Sysrerr,(T isr#iviete*i f i se n e F4 L-3 na :eisa f tfuvv pawnt nox:7je. I o r Caves �3�rl F;a--s ssi } e p c� e?�Fia sE d�.c t?i�fine I;t : . .2 4ytirsv Si r do i goMe dam be used on a single dPrf brancf Fiv��.- fnhmuor7�s ». etectcx R t sisr r semi`s X r�ske lei fdi f3 hatsst d3tct nnzle ear,pin cta squaro or reetarsgu#ar.duct wi.ttiT a rrta7iimorn pe Mme*ter ckf �acfr f ewe seE rrris€r-,11 be cc3€n eted la f s F a tj+of 25 inc#i.c-s. 7asfrtt#' ard a maxz�ndm esr�-side'IWrrg anew it. a :i^stat#at rx- r'}Can afsol protect a rourd ducF uviUi a rrraxirnurn-circurn- . fererls n#,}S5 incfres aridr a=.„n:aYfrsrTatn did�setex of 2d � � '� .lsc[:ies:{see�-u„�sa���Tie n4�1�m!�st•b�instal#'ed on .. . . t# canterrttre 6t tf�e.d�rt.anrs a re£tly into ti� ducF NaxZle Cover--gw afrtd PlacerMe t ap>ruing{s .ftqure -z. TITCS Selig. SF VGtM t3raif3f is chi-re f ts5 i���Bt£r�"ri�G#fa J RaZZ�� � . tom,per acs �rFti�ir ant*a4ir,4ty ford—t,pter�ur art 3. OQe .- 3. iarrce tZr4Cecr cxa. T Modef N t33 nale fs a three t3}How poinT ncr-fe . de5i9ned for;the Twotectiorr of exhaust ducts.One f't�or food Duo fC e a2 MocK f�[r3 nozzles can be used an a sitsglo dt Esranch. A.singf�Wd�ML 1;33LexHgust duty:rcomae can prctee* ;je.f�,'faawmg three,{3!}'rrez r� been developed#fir squam ,w.ree arrgttfar ducE u M'v a maxirrsum Oren meter of the m&° Barr of exyaust d;�cts= TbU :n�:ues arts#a reraximilm one-si= :_-ngtftn#33 inches. 1. Mu d eft F it �i:discs prptect a,rarsrrd duet s�. -r maxfmurtr cireuttn 2 A+fe NL-G2: fer.ence aE-TG i 5c#msanc�a maxi uni drasnet 3t.75 3 Modef C�3--F3:� r"trcFre�{see�g�e �'Ef Each nozzle sappra df usevwrtf tfieexhaost fan dauwep ade Toe,rToMe.must b TvstaIfed.a. 0e-esfter�n a#the duct un6ir viered'With th-a fart ors,or undamPered use fairof#.It and aimed r�rect ; F tfi°duct .... -F sgure 3 ts, required#�t the far lse situ dawn oc ttne exhaust- Twa(Z Mos#�.s�.-Mextraysi duct n!s�zfes an Prot ct a dampered for tf esystemtp apvate Praperfy-Each no is square orrecungitifardu hi€h:a nlaximum per'metw 9� inches and a.maxifna fs one-sid'e rend of 65 incf ees-Ttie-V aPgrtrved to pretest exFia:ssF ducts of ur�rrii�°ten Sari:afse protect a fmmd.duct wst)r a ma�crrnurs?t irc mfecer�re Tr y of 5i1 indles&rsd a°axirrtilm diametet=cfGIS-inches,When is vcf Flt flt pcW i5if.-CT;iromdes•are used to prctect a singfe duct., F~. 141ode. .. Paz 4e°{s a One kTf.tia�r p0int:r4azztt. :. th,�asssection&area of the duct rr�ust 6e diuided Finn r-O designed fnr tfse ptaxcticn of extrar�st dcrs,sine fl't or ecp °sy;rrmetrical"aKeas.The rrazzle mast tTerF be instaifed tiro f2)`I�+f4de#PfL fr nazztu earr 3 rise on a.single dim ant ifie rater{ of-the area it protects aflct airhed dtr°cti� hrarrrfr. rota the rfuc•€opening(see Fi9mv 3 2:tF . A single Mnt3'ef�.�-f`2:x:: �i35t l ust nozzle cart Protect a&SC{kt� ar rectapgufar duct,.Butt'r a rrr a;6-mum penrneter of5(f inches ..• and a maximtx�t QVIe-side rergrt€of i�r inches if r�rr also ... prccett a Kos�rssf duct wrtfs a rr�amu;rr crr��'r'sferenae raf 54► _ �� Irrc#7es-and a:maxmmm diameter of 16 inches ism ire 3-1 IjTe nazife must be insta#fed oFl ilia CenLef#fir16 0.the duct&n#f x+s�.sn kx 4 av 7 s 4x airrEed ciirecify.inta the 6.-.v,erdrr fse. Frgti 3 2f. Fwd;2'l Modet fit P exhayst d -ct soars•carF protect a -- .. .. .:. • .... z m... —L.F vaa--i —L�7Y vwC'tf errrneter at r �K square at rec*angt:taf duct us+rtft a rrraxrrsTttrrT J? 84 inches and a rrreximum©rye-side ferigtfr al 34 inches. j —T They care afsa protects ro-uno.tiucFiririitr a m irrrurrt circumference of 83 inr-�es.and a maxirtsurn diameter of f r ec; rncEses lffffse+ Fvua l2l tfc I�iL P'nctf are LESgd t6 Pro`ect a sirr4e cf&;ict'the crass sectibriaf area of the d= ��*M,x= "° must be dMdecf into ma egvaf R!m+-i'setftc-f areas.TkTe a 3-t,Duct noszf,--Ca'waSa Earrrr<atkm.s, rsoafe must.t rr be 4mtafTed on the center Free of the:area it prGteets anti aimed&FectCy Erma the'dsrm.dpfo ing(see Fkj re 3-ZIP:: ULEX 3- . . Vvrbe . : . . . . +Ve@C: \Users\code enforcement'\046921B4'.WM _ _ �spre�3'--Syste;-r k3nsFgn F Pa m mss. C: Appliance PrateCtion I Range Coverage-: m def N F -a t25 poary sozz a that�s Used r rg� aj ib die r �amumrangeCnparea-tsat be wEted 'a�ingle:N.LrT.25 rtozz# Ls.T!'r 3T. F40t3� . a�zfer Lnca�i T ¢taZ fe r''R.�$t.be�ibC,4 Sri Ft]1{J rrt.CE 4e=#ifs 0 F - _ �� . _ rpowzi'e most 6F foc;#ed not More tYaat V fl-Zi€rz thl Get3*Fr¢x the at ed zone, rFT9u{a J-4 Mo iel NL A Pterrurr 9022fe em*41� _ NOTE iMO Sf�aIN wed .. . .. . . . . . tte sErad . aT08'a#4 C i i 3fiFled at FF t w u Genter / ! Of the { rs- �•4r1 � i �a Fiyur� �� ��t��xit�t �fstzxle Ffacea�erk'[.. _ _ _ y I : _ L €X 3M . vrtmkw=r i,iS�Y+ I ♦r®OC: \Users\code ' enforcement\046921B4 -WM . . ... Chapter 1 •Generat Page t t Rev t CHAPTER I Genera[ Information INTRODUCTION. The?Y a Chem,:lnc. Restaurant Frre Ssippfessibri Systern is of tt>v ire eNmeered.-type as defined by NFPA=17A;S Agdafd fur'Wet Che-meal . "tirvuishing.Systems znd is designed to:provide}tre protectian for . . . restaurant cookmg apohances,.boods,and ducts. Instatlation and maintenance of the system must cof:faim to the Iimttationsdeta4ed in . this manual and'be perforowd t.y an Authorized Pyro Chem..Enc; deafer. T ;f'grri Chem,.Inc,System utilises a v+et chemicaE agent specifically desrgnedto suppress restaurant cookind.area fires; Tt-je:system provides autamar 4c actuation and can be manualiy.actuatP4.l hrovgh.a rerpoTe rnechwkal purl-statiorr..`€Ipon actuation; the system discharges a' pfe-detefmined amount of agent id the.ducZ, plenum,and cooking acpliaR es. The agent acts tut suppress Tres in three ways: 1.The tbernicaf:chain feactron causing combustiola is interrupted by both the agent itself and the resulting steam formation. 2Z The.ageint.cools tt-elire hringijlg it below auto-4h tion temperature. 3.The.agent.reacts vusth hot grease forming a strap-like Eater fsapon -,"t;u if that heaps prevent the escape of combustible vapors, thus preventing re-ignittpn Thes;hutdowrt of•luel and:�50nrer to al}appliance¢un4er protected . : ventilation equipment is required upon system actuation. The shgtdnvvn . . at make-up or supply am is Yefiomrm'mended upon system actuation.but is . not required. Exhaust fan}si in the vermation system should remain on . . durrrni;l system discharge as they assist the dispersion of_chemical through the vwnt lating system..:Thm system is OL Listed with or Withow exhaust . . . fan'shutdowv. . . TEMPERATURE LIMITATIONS The.operat,nff temperature range of the.Pyro Chem, Inc. System is 3 2n F. :' FO'C-)minimum to 120°:F:.#49°.C.!maximum. . . UL >sisTN The Pyre QF em_Inc. flestaurant Fire Suppression System t=�s been tested to the-UL Standard for Fire Ex i (Ast5ih T s F r Protectmon Qj -Restaurant Cooking Areas, UL3p0 and.Usted`.by Underwriters Labbrataries,Inc..Sy-stein.agent cylinders bearing the.Underviriters of Canada,Inc-_ULC mark also meet Underwriters Laboratories o!Canada's Standard. ULCIORD-C 1 254.8-.1995. . 11LEX 3830 November j ]9°4. . *V99C: \Users\code enforcement\006921B4 :WM iaptet 3=S4stem Design - � Y Duct Nozzle Cqveram Chart' . .. .... N"-X 1t:!kf MAX'�tRtC�hf .. J NOZZLE srDE itODIEr€tz �t dv� ot�rrs �r r hf.-F kT 54' . . T T� - c-_ NL-nZ 25` 2u_YL-D 54' .156' . E�41L *i ONLk SEf FPOAT_ AF SL'fGY -D�IGT$1Li jCii CA. . _ A Sia;fe i4t�f .rl r 7):A Singlit )Two•kiAYf Figsare. 2 Single Nozzlo Pkauvmat In Crud: : �.:Plenum- Ot24'�EON1 The Model NL A nbzzEa is a ene(l)flow paint noizie that has been devetoped to!protect the.pfen11rn section of the exhaust 466tl..drrly Dne(lj:Model fill-A nozzle cause used on a.single ptentcm'branch,A sirigle,Model.NL.A can } prole€t a plenum (with single or�i-Sank filters)with - rectangular dimensions of 8 x 4'of less.Largerplenurns can,bt protected by dividing the hazard area so that each. - nozzle protests an'm of If'x 4'or fes=(see Figure 3-3 t_ - '-- � The nozzle(s)rnust be located A the center of the V-Bank '- — width or centered'between-the,filter width urhen.used with - a single bank fi(ter,plenum.li must be.t-within 4'of the walk -� A is mounted against{see.Figute`3-4l.OFwahin 4" of the edgp of the protected zone. Figure 3-2.1:bust Nrzzte Placement In Duct.: . Ir � 't d . . . .-. -.i ter''. .. ' i ... .... . . �. .. . .. '. t _ ' . . . figure 3-3.Plenum Coverage limitations,Model NI;-A Nozzle. _EX 3830 .avem4er 111994 ♦v4O@C: 1UserS\code enforcement\006921M WNl - Chapter 3—SYstex!-Design °age rd . '�trzzl )Fier_ The lip of the Afiod g PtL-F2-nozzle has two flat areas The n�7zrle must be i�t-punted 40"to 50'above the cooks q designed to assESt atmirsg 7hs na�zte must be positioned so that the fnat2xeas:are paralle6 to the�angestside of the protected zone.See Fgwe 3,B.T. h.f zz*Aiming The ti-p of th--Modes t'L-FT_25 nozzle has two fiat areas dig edto_assist afrr.-ng.The nozzle must be positioned su the tFsese flat w.can are paia€lef to the longest side of NurnFe shaFl.�locates a�ywfsere in the s taped area the V,. cted zone,See Rgx,re 3-6- � and awned a�: center of the protected Zone'. 2, Griddle Coverage. T",Modei tai- r-ozzie is a ope(Ti ffqw pant rvozzte that is used for griddle pratectirrr,The rnaximum grids area that Carr,be protected by.a single NL-R nc .is 30"x W'. . Tiie nozzle m;rst be iocatedover the-gnddte Ookiag l : r surface,rho mn{e than.sisc!F�inLhes Erc�-�the edgy'of the -,- �` � protected zor�e:The Rode anus[be wed at the center:ct �. the protected zone-The nozzle-must be mounted 2d'to aili 50'above the coo ng surface_See Figuro 3-7. NOTE Nozzle shall be#c ted anywhere in t€t--shaded area and aimed at'the meter of the protected zorte. T4 t. axzc�cAE ocar 1 Figure 3-0,Model NL-E241Eazzia Pt eme.t.Peep Fat Fryer. IN a f _ L ` Figure 3-7,Model NL-H Nozzle Placement,06 Odle_ - 3. Deep Fad Fryer Coverage, The Model NII-F2 nozzle is a two t2l flowpoint nozzle that f' is used for the jprotection of a.single vat of a steep fat ffvet..The maximum area that can be protected b.Y.4 single NL7F.riozzle is: 1.Cooking Area 14,75'x 14.00 > 2.Integral Drip Board. 14.75"x 7,5" The nozzle rnust be located aver the cooking surface.and aimed at the center of the protected ione.The nozzle must a,rcST anc ae. ter se`be mounted 30'to 50"above the top surface of the deep fat fryer isee Figure 3.8}_ Figure 3-8.i.'Model NL-F2 Nozzle Aiming. ILEX 3830:. lovember 1, [994 N►®OC: \Users\code enforcement\006921B4 WM . : . . . ChaQtes 3 System 4tga - - Fa�a 3-�a Rev 3 3.11 Deep Fat Fryer Coverage The Model:M-F7 riazee is a bra(2)t�rnr,prru�t Hoare that is Foe insm atians that eequue tha use of tPw Made[NL Fi or used for protection- a sTngEc vat of s deep fat - lie the Wdet klt+L7_nozzle To prot�a deep:fat pryer in i accordartee w4h lep Fat Fryer Caverage 3'€ and 312 rnv .mwTr airy Mat'can be prct6cted by-A sir,}Ee NL-E=2 sl owr'heee..tSee.FVLw6".2 and F4W&3-8.31°,The foela,enrig adaitionaf restnczions appry to pie Main suapry Cooking Tfl x W licit pi�irrq before rnis nazziet Erb- np: t':, l4�r> rinrrrttrit}t� fineacr,9.i I T,&:r&-&.MLMt be tocatKwW1ir s,'f_8 6 oftho eenw o.tht :L lu ainwn Eer is eau+valent: i,�_t feet longest side-and wit 7`at the center of the shwumt sr�at 3. lUF NM rrr sysEeer�fE'avv pair# the co wq s4rface anct per!at the Center of the pratecT 4_ l clirn£iras br-.ttehes itata :S. zafW .The n r ht r*rounted ta.47 �c� #T tom. ..rs_16t� +ni t1 pow Poisits�etore.NaizFe;2 . _w1face:of the deeptom.fryef( Figure 3-3,21 3.Z Deep Fat Fryer Coverage. The tiv of the yodel NL-�2 two.nazzie has t flat areas The Model NL-FL2 nozzle FS a two(2)flow�ioint riazxle that is designed to ass�5t aii-,RnT The nozzle my tst be pasmaned so used for.t4e protection of a single tat of a deep Fat fryer. The that these flat areas are para;tei to the longest side of the maximum area that can be protected by a single W--FLZ protectedzone, See Figure 34.11. nozzle"rs.. NOTE 4.'Co�tig i4rra. :118 1VazztesbaR fie located anywhere irlthe shaded area and 2; lntegrai Drrl Board 78"x 9.75 aimed at ti*ceriter:of the protected xorw The.nozzle must.be located vv In 11875-of the center of the. €¢ingest side,and within 3'of the center of.the shvtest side of the coo"surface and airned at the center of the aroteeteet r� zone. The nozzle must be mounted Wta 26`above the top surface at the deep tat fryer (see Figutte 34:3). The tip of the Model NL--E nozzle has two Fiat areas u designed to assist aiming.. The nozzle must be pos Toned so that tttess.Mit areas are paraltal to the longest side of;the . . . . . . wrta protect6dzone_ See Figure 3--16_'1; _ 00'e0000000". NOTE 1r srs• Nozzle must yvdhin the shaded area COOKING K c F and aimed at Lenter of zone- ' r tl?e prdfgcted k Figov 3— Modd tL-F2 Nom Mww ar+t,Do"F4 Fri i •r coREA ,� . . FW"34,t N dd NL-FL2 Nozzle-PbOWNInL Deep Fat Fryer. 1lLEX 388 NwembC,,1396 ♦regC: \Users\code enforcement\006921B4 .WM' lc a er 3:-System besw . page mac Rev: t 3-3. Modular Deep Fat Fryer Coverage. i�or� For installations.that require ttse use of the Model NL-F2 The Made fJE F2 frazzle}s:a%vo t.2}t4axr pn3rrt notate thaf is nozzle to protect a deep.fat fryer in accordance with with: .. used for the protection of a s ngte vat of a deep fat.fryer. The Mod"Deep Fat Fryer Coverage 3;3 shown tiere: the rrta irreurf afea that can be prateered by two(2)'1L-F2 following addrtioRat restrictiam apply{o th main supply . naZZ(ai ts: piping before the node I.Ca sFang}ore 27'r 22 �.1Ankrwrrr tangth,linear 8 feet . 2 trstegt=ap: .rrp Boafd 22'x-5.76's 2 fatiAi�fen'g9!%, .14.1 feet. 3 Win[rnum system fl&,wpoirlw ;4 To protect.a'ryer With tyre Grave Maximum di'mermons or 4.Mirfrmurrr tsran his fotas_ v: smatlar_tare area is&V4 into two equal areas With.4 stns S Wther system has Doty .aysr pairs rn rtirrlurn flow points rte-F2 2 ozzfe promcfinq w- hi area- Each rye rriust be before ttoizle;2 located—w tfi A a sectkm fas.notaed by the shaded area its 1 gure 34 6,',,that is not less than 2'.from the f yer:peri�ter . . and not.iass than t`:"from the fr y"show test side centerline. . Each oozier regardless of its laca6an. w0hin its section,must' . be atrnes[at a point located at the center of the'lvngest side and T°from the center of ttte shorter side. See Figure The nozzle must be mounted 3(T to 42"abode the top surface of the deep fat fryer(see.Figure 3-8.6), Re I. _ Nozzle must 6e faeated any vuftere . within the shaded area and airhed at The 0p of ttia MrAet NL-F2 nozzle has two flat areas: at a point on the centerline of the designed to assist aiming- The rile must be positioned so longests We and I'from the r centerline of the shortest sides tha€these flat areas are.parallel to the Longest side of the protected zone See Figure 3-8.1: . . r r✓. . . . e : r : 2:r I \WEGRA p Zr COOKITlfi AREA I: . . Figure 3-8.6. Model NLmF2 Fkoul a Placement,Deep Fat fryer. tJt.EJ[� _ . Air;l,iS9lf ♦r®OC: \Users\code enforcement\006921B4 :WM Chapter,—Sy5tern Design _ - >7age 3-5 : Rw.1 4: Radiant Charbroilee Coverage. depth sha.F not exceed twig 121 Layers of lava;ptJmice,ar s`,inthetia racks_The maximum area',tfrat can be Prot `red by a single NL42.ri'azzle is 2 `x 25°: NOTE Fx rarta nt c*rait,r rter:,-,d- sir9uist:*ed fl-,e rise of a1 nozzte.m+U5E be fo6�edpLvEr the cooking surfa-ce and gas 6r esettricat#�r flea-tees rnetai-s-tr,� .ac Es chat 64"d at the ceeteF d'th" Id", Tie n azz xr r be mourxtx-d 3fr :trim above�e contr. . r faC.-- yes 1 Vpr►e -R rrT r2 a €?t fi err ertt h jg t net Fh'e'ttgat the Plfoa0". F2.1azzte km�Yrro'gat aril s s Use _n pr!�erg:e=,.net ids„rt efeytr t. fuefeo ratfs n[ des gne. to assist a3-sring-'a ht-froa2Fe mvsx e pro rsseG 1,-etrr o4lQrs rra c�zrrrrs arm t,'-:a :a?'�toe Fs'ot Let€icy sc>.that these flat areas aril pargfel 41.he- .iii s sr�o` a,v7 r,e +L R nez e M-2 � 5 � Set Fi9we3-91 Mast t�--it,r_atpd a;*T The-004�6ngsurf'e a N(}7 a?h'ed rt,the Ser'ter:of h protected r .The nrzzte must [�fozzfe shalt be Incated aY ywhere Ifr the s. . .. .area be rnoc.R_ed'24' tG.5a"aboVe the ecoklag surface. See Figure 3 S_ . ,nd aimeid at center of tie protected zcane. NOTE hio-� Fe shah# :(r ca ed a?ry�rhere in Fire shaded area . and aimed at t`ta center 1f zhe protected zone; . . . - I~ -� C Jr. F'F9Y+re 3-i Q.[/Lade!NL-F2 flivaf�Pta�rrnFrrt:Synthetic Ffaek ` -__ i Charbaailer- _ . S. Natural Class "A-Charbroiler.Coverage_ . Figare 3-9,Modi 1 NL-Ft Mo zie Mwem. nt,Radiant CharLxoiEer, !VOTE 5 Synthetic Flock Charbrc►iler Coverage. A Ciass-N•charb�ler'is distinguished by the use of . . charcoal;rriesquite chips;chunks,an4 or logs ffiat. are used for cooking, NOTE A synthetitr rock charbroiler it,distinguished by the use of Isva,t UriGice,or.sinthetic rocks:ti�at.are.used The ModetN -A no�zfe is used€or,the p aidctiorr of C3ass- for coo k:ng, "A r chaibroiiers with a rrraxim+eft `uef of sia(:t6t ift yes:The maxirnurr area thaican be - Protected by a . : single IBC-A nozzle is 20 24'_ The Mcdef.N L-F2.riozzte is a two 0 flow Oo bt nozzle that is uses;or:#be Protection of either gas oreleciricalfy Thin node Mxkst be located over the cooking surface and fueied svrrthettc rock charbroilers,The maximum fuel aims at the center of the protected zone_i he nozzle r rum tJtEX 3830 ♦re(4C: \Users\code enforcement\005921B4 WM 3-SysW.M V-i P :3: . . . . Range CeOVwag--_1. frlozxle t�eaaion. The M dei NL-RH2 is a 2 flaw POW nazzfe thous used for To Side Location range top preteetioti. .The mtpdmum range top:area that can 7 hel nozije irsust:ba locate ors the longest cerTterfine of the tie protected by a single NL42H2 nozzle is 26"x.28"- The protected zone. FtoZZte inu5i t1e located within:s"of the center of.ttte protected zone;and aiffed at the Centaroft:io protected 2one. The Front To flack Monte Location-. Mo Location: mizzlermw be mounted 32'to 45`above the cooking . The node must beex located not mars than 6`korri the terser ;surface_ See# ure 3-4.4- ` of the protected zone 1.2.Range Co_verage_' Nozzle Hefahr. The Model ml.- t is a#Ekrw polanozzie that is rased for Then Ee must.be mounted t5 Ea 3a above the oofting Carl range p(otectan. The .rtaimun rang=tnRsea that surface pe protected..by a single NL-F7 nozzle is 12"z2$" See tr.t'Jaaxle AtrMgg. . Figure�.5: . The tip of the Made:NL-FI nozzle.has two flat arras designed to assist aiming: The nozzle must.be positioned.so that these Slat area are parallel to the longest side of the. . . protededzone.'See Figure 3-6: r : : . . .. . 1.: . NOTE:. . Nozzle must be located l se- anywhere.within se- ahe shaded area and aimed at the center.of the protected Figure 34A.Modal NL R. H2 Range Nozzle Placement. . - :zone. NOTE For installations that require the use of the Model is NL-RH2 or NL-F3 nozzle to protect a range=in accordance with Ranges Coverage I..1 or 1.2 shown here(See Figure e . . .. . 3-8:4 and.3-8.5)..the f000wuN.additional.testrictions .r apply to the main supply line_p4pinq. . e- t. minimum length.linear:S feet der 2.:i41`rttinurn length,equivalent 14.1 feet s Minimum system flow points,,4 it : 4_ Minimum branctxs(total]: 3 5 Minimum flow points befote NL--"H2IF1 nozzle. �> - Figure 3-8.5. Modal Nt-F.1 Range:Nozzle-Placement. Ajax zR�O - - Nrnnmber 4,1996 *VG@C': \Users\code enforcement\006921B4 .WM . .. . . . _.. Paw Rssr.t „ 34. Modular Deep Fat Fryer Coverage- NOTE For installations that regOre the use of the Model NL-FL2 .. The Model NL-FL2 nozzle is'atwo(2).flow point nozzle that is rwzxleto protect A deep tat fryer in accordance with with use 'ie protection ofa,single vat:of a deep fat fryer. The I►Modulsr peep Fat Fryer.Caverage 3,#shown,here,the maxirnum area that can be protected by two{2}NL-FL2 lollow-ng add`�tlonal res.bicticns apply to the main supply nozzle$W piping before the nozzle' 1_Cooking Area 22°x22 1.Minimum tength linear. 8 feet 2;Integral Drip Board_2Z.x$.75" 2.Mir lmUm length,:equivalent.14-1 feet: To protect a fryer with the above rnwdrnurn.dimensionS or 3 Minimum system flow points'. 4 4_Minimum branches(totals 3 smaller,the is:divided into two equal areas,wfth.a single 5 If the system has only flow points,minimum flow points NL-FL2 nozzle protecting each area. Each nozzle.must be before nozzle,2 located within&section(as rioted by the shaded area in Figure 3-8.7),that is: 1 Not less than 6-from the iryees longest side penrnater, - 2 Not less:than 2 from the fryer's shortest side perimeter,a '- _ 3—Not less than 1'from the,fryees shortest`side centerline. Each nozzle,.regardless of its location within its section, must be.airned at a point located at the center of the longest side and t"from the center of the shortest side. See Figure . .. . .. . : . . . . . . . . : NOTE: The nozzle.must be mounted 16"to..26"above the top surface . Nozzle trust be located agywhere. :or the deep fat fryer(see Figure 8.7t. within the shaded area and'aimed at at a point on the centerline bathe tangests side.and 1"from the centerline of the shortest side 2"_� ' . . . r' ! `,tr .. r . E Al" r ` F 22" INTEGRAL RIP PAN 27`: ARC Figure.3-a.l. Model NL-FL2 Nozzle Placement,Deep Fat Fryer. t3LEX 3830: Wtarth t.1998 . . .. ♦WG9Ci \Users\code enforcement.\006921B4 _WM C. ?—SYUem Design fe r, .. be mounted 75"to 35"above the cooking surface, See . . Figure 3-T1_ NOTE fr Nozzle shall be located anywhere in the shaded area and aimed at the center of the protected,zane. -` `errs• lac__ 1 Figure 3.12,Model NL-US.Nozzle Placement,Upright Broiler. 1 . 8:.Chain Broil ter. Coverage. Two types of chain broilers are commonly used:open and closed top.Each is protected in a different manner. f a.Closed Top Chain Broiler Coverage. i { -"� The Model NIL-LIB nozzle isa one-half(%j figw paint r nozzle that is used for closed top chain broiler protection; Figure 3-11.Model NL-A Nozzle Placement;Clazs-A` . Two(2)Model NL-UB nozzles are commonly used for this Charbroiler. application:The purpose of using two nozzles is to distri bute th. e chemical pvenfy between the cooking: 7. Upright Broiler tlVera9i+. . surface(on top)and the drip pan(below),For closed top chain broilers that have no drip pan, a single.Model NIL- . . .. . .. . The Model NIL-LIB nozzle is a ne-half(YJ#loser paint tl.f3 nozzle.ca.n be used.The maximum area that.can nozzle that_is used for upright broiler protection.Two(2) protected by pair of NL-UB nozzles for a single NL-09 Model NVL-UB nozzles are commonly used for this nozzle when no drip pan is present)is 30"x 34". . . . . application:The purpose of using two nozzles is to ane nazxle must be positi6ned in the front entrance.of the distribute the chemical evenly between the cooking: Moiling chamber and aimed at;fhe diagont l corner.The he- surface(on top) and the drip pan ibelow}:for upright nozzle will be positioned above the cooking surface.The broilers That have no drip pan,a single Model ML U6 second nozzle(if necessary) must be fnstaI]eo_hove the nozzle can be used:The maximum area that can be front edge.of the grease drip pan and aimed'at.its protected by a pair of NL-Uf3 nozzles for a single.NL-L713 nozzle when no drip pan is present)is 30"x 34". midpoint.Se,e Figure 3-13. . hen ozzle must be positioned-in tfie front apt rance of the . broiling chamber and aimed at the diagonal corner.The nozzle yvill be positioned above the cooki ig.surface, If necessary,the second nozzle.must be installed above the front edge of the grease drip pan and aimed at its: midpoint, See Figure 3-12 . . . . . . . . ULEX 38311: -: Novembei t, 7994 ♦N®OC \Users\code enforcement\0'0692IB4'.WM Ctrapfei 3 5}s�em _ ?ayie3.7 .. ..- .. .. .. .' . . . . .. :. i .i. _. .. .. :. - - . . .. Rev.1... : 9.{ll(ak Coverage - Tf moc &-R f6de is a one(1)flaw point Wade Oiat is used for . w*Mxedion. Asirde NL-R n=e can rover a singte wok of 14"to . . 24r diameter,aw 3.875'to T626'in dot . . . . . . ti _ Ttte t be n>e t.. . . to 5r. abovef goo arsg suda�at a radus of 12 front the ccx2es of ire wtk4 regardless of al wt�c;nametes T*n6me most be aimed at the center of the p zone Bee F19tue 3-[41; f std be located.anyw4 a k�0e Shaded area and armed at H7e c�r�er of the proterred zone .. \� 24"Dia. . . . . Figure 3-13,hfiadef k4L-UB Nazde Pert,Closed Top Chaiq E�osler: . : . OpmTop Chain Broiler Coverage, The nAgM.NL-A n=e is a one(1)ftw poiht.nazife tot is usW-for open top cha�ri broiler prate i he mwamurn area dmtcan be pro- t tecW by an NL-A des is 3Z'x 34 24"D4-Max- i a . . The noz 6o rmst be faatod o�w the opening and aimed atthe'o�romr ; .. afthe prtected zonp- Tf>e n=e must be mounted ltr•to 2z'above Ehe coo(vng.su:fiacra See Figure 314 : 4�" .- NO-M f NO&e s be booted art;mvre 0 the shadedarea dsld affred at ttsecerr"of tt ie protected zo . . . .. . ... _ F-jgum34kI- Model NL-R P4acer wne Viok- . . n3� ILft41 . }.t 16' try . . . . . Figure 344.Model NUA Naule Placenmmk Open Top Chain .. Bra . . . . . IL EX 3M . Ni,,,e*w 1,1344 . . .. . . . .. . . ... . . +1►4O9C: \Users\Code enforcement\006921B4 _WM r3— Chapte System at--sign Page 3-9 ev_3 sLkpply=lime must be bafanced to within fJ-16%on either MAIN SUPPLY LINE PIPING' side of the splitting#ee.The difference in flew points on LIMITATIONS each side of the spFttinq tee cannot exceed anajiouv r E?rnt- 1 Model PCL-24a_: : . Main supply tine piping t;mitations for thie PCt Z4[0 are q 2 Branch Line Piping. by lab€a 3-Z The maximvrn 1"gth of mars suppfy fine between the first and Last hrarvr.tee i5 lfi fet;t.Earnples of . Branch pioFng is used to car[nect the chsctiarge rruizfes to oceep€able pipiru� nf�sPr4rions areshaAm.=r Figure 3-?6 ttt°main supply tins-This ptenncg`s.connected t€t the-ski)" . ouOt t of rnaiq,�uppfy lisle tees.Tl�tast branch is connected to an e}t?0w at t"end of the main supply hrre_ � FEEI n uc v cv. + a There are seven(7t typ-Ps of br-anch piping; 1: €3r;e(if Nozzle pact BrartCf3. Table34,Model KL-240"Main Supply Line Piping.Limitations. 2. Two:(2)lslozxfe duct Branch,. 3. One(Ti laozzle.Plenum 9ranch; 4. One(1) Nozzle Appi-iance Branch- DOTE r (2}Nozzle Appriance Branch. Fcr instal lations that require the use of the Model NL- ... .{"wo 6. Three (3) Nozzle,Appliance Branch. F'125 nbz9a,the following additional restrictions r. Four f. r�lozz;e klangs Branch. 1-M{nirr um length,linear.5.5 feet E mum lengthequivalent:12.feet UNDERSTANDING EQUIVALENT rtum system flow points:3 P.IPING num branches(total):3 Piping Prridations in.this chapter are gi�2rr 36 bath linear and equival"t lengths. . . 2. Model PCL-350. L near piping is the actuat length of straight pipe used an Main supply line piping lirriitatipns for the.PCL-350 are given. either The €thin supply tine or a branch. by Tabfe 3-3.The maximum length of main supply line E : between the first acid last branch tee is 30 feet_Examples of Equivalent i., .ng is equal to the trital linear pipe used on . . acceptable piping Configurations are shown in Figure 3-17. either the main supply line or a Blench pills the equivalent length of arty fittings used on elthpr the main supply line MAX X. „a ,� ru ,,E ar a branch.';See Figure 3-15. �ti,�., � raRS � reT • ��•x•t .- .. :I . 1 E+sav !r Ea RSE Equivalent Piping=_(LinearPiping1:+ rs „ e, z , k. lTotal Equiv4lent.Length:of Fittings Used) . Table 3 3 Model PCL-350.Wain Supply Line Piping Li"lations, All pipe -ngs develop a,pressure loss whi0r can be etauateC :. e lass throcgh.a specif it-length of siraigh pips This loss is the eouivalent Length of the fitting;See NOTE Table 3-1_ For instaliatfQ:ts that require tfie use of the Model ltkL F1.25 nozzle,the following additional restrictions. 1. Wimum-length, linear,5.�5:feet rio 2 !Minimum Terigil: equivalen*: 12 feet rut s¢[ i:: nor.. ri106 -r �u -1 . c r_s '3. Minimum system flo�wpoints 3 .4. Minimum branches(to tall,3 v7 ad it :c: .. �: . . . Table.3A Pipe Fitting Equivalent Lengths In feet. 3. Model PCL 550. An example of the-totai equivalent piping.calculation far a Main scrpply title pipir[g limitations for the PCL-550 are typical branch is illustrated by Figure 3 15. g-uen by Table 3-4.The maximum,length of main supply line between the first ard,last.branch tee:is 35 feet Examples of acceptable piping configuratsbns are shown in Figure 3-18. NOTE The only acceptable types of piping vWch can be M" kk.We FXA 1 '..EEL' rE- V�yT{4 used with the Pyra Chem Systern are black pipe, stainless steel:ar cfrrome ptated.pipe.Galvanized pipe cannot be used. Table 3-4-Model PCL=550_Main,Supply line Piping Limitations, ULEX 300 February 1,.x.395 . ♦r®OC: \tjSers\code 'enforcemen.t\00G921B4 .WM hap*era— y C S start-design: : Page 3-9: .. Rev,2 supply litre must.be.batanced to within fi!-10%on either MAIN SUPPLY LINE PIPING . side of the splitting tee-The differe;lce in flow points an LWI t-A-GQNS eachside of the splitting tee cannot exceed one flnvcr primt 1. Model PGL-240.' Mai supply IrrTe pi}�:r[g lirrrtat"rams for ttra E CL-244 are g an 8►a(1C1t1 I_iiie Piping. byTa6W 3-Z The maximum length of r'rair supply lir--- . between the first and las`,branch tee is 16 feet Example-s rif Rlranch ripirrg is used€c:cnn rreci thn Cisr arge nnzrtas o acceptable piping c infrguratiorns are stidwr?in Figure 3-16- the ri�n supply}+trc::€.hss.pip r v-,toTiire--- Cf try the sine UtteMaR !t[r es.The fast brar[,j, is sx w l s E � netted IL all efbow iii tl'6 en�of the nr lr=suppr 1/.tMe There are seven f33 types of branch pining: 1: One lli Ptcrzte Brest Branch- Table 3-2,.Mode PGL-240,Mayrt Supply Line Piping Limitations- :2. Two€7'T Nome Duct E?railch. 3. One tll! Nozzle Plenum Branch, :4, Cane{1}Nozzle Appliance Brarrch. NOTE ,. 7wa ['}Nozzle Appliance Branch, For installations that require the use of the Modef-hL- 6- Three tai Noale Appliance Branch, F1.25 nozzle,the 1`016wing additio-pal restrictiorts 7. Four t4, Nozzle Range Branch. rpM n murra iengfh linear-,5.5 feet UNDERSTANDING EQUIVALENT z Mir,irr,ars,[et,gth>eqi��alerit: lz feet .3 Minimum-system flow paints:3 PIPING 4,Minimu-m branches{total):� Piping limitations in this chapter are given in Both [inear and equivalent lengths: 2..'Model PEL-350. Linear piping is the actual length of straight pipe used on Main supply line piping[imitations for the PCL-350 are given either the main supply line or a braMh, by Table 3-3.The maximum length of main supply tine between the first and Last branch tee is 30 feet.Examples of Equivalent piping is equar to the total linear pipe used an: acceptable piping cgr�f uraYtons are shown in Figure_ 3-17. either the main supply line or a branch plus the equlvalent: p F P 9 5 �[enQth of any flttiF{ S US$d on:elthef 4he main supply lirfe - .wa - o-a branch"See i figure 3-15. .n now FLEr Equivalent Piping=!Linear Piping€ tTotal Equivalent Length of Firings used} Table 3-1 Model Kk--3511.tHfairi Supply Line Piping Litnitmions Ali pipe fittings deve[oa a pressure loss which can be equated to the.loss t4 ough a s-pecific fen h of s?,yaight pipe.T41s lass is the equivalent length of the fitting.See . NOTE Taste 3-i� - For itrstaltatio-ns the require.the use•of the Model NL . FI 25 nerrrfe,the folio " . orh-4 addltiortaL re-striations . apply l Minimum length,#inear, 5 feet 2 Minit-num length,equivaiear 12 leer pc azt �. ccstrn: e l r � z. cn rr� 3 Minimum SYSiern flow points_. -4, 3 o.e: 4.Minimum branches:[ta .l. 3 66 z o_2 z : e rr . .. . . . Tabu 31.Pi Fitting Equivalent Lengttis fr.Feet. . M4�ll�l PC L-550. An example ofihs tcta[ equiv-alent ptpitig c a.6 Main supp€y line piping lirrtitatioris for the PCL-5513 are typical drench i:s illustrated by figure 3.15. given by Table 3-4.The maximum lertgth:pf r€air supply line between the lust and last branch See is 35 feet. ptaplpiping €gurations are Eiamples:pf acce do shown in Figure 3-18. RIQTE The only acceptable t yeas of which can be "s used wi*,h.the Pyro Chem Svstem are black pipe, sre7:0l � 'n•-s. AE's `-ac.. -. VIE- Ewe„ t -osE stainless steel;or chrome plated pipe,Galvanized pipe cannot be used- . Table 3-4 Model PCL-550.Main Supply trine Piping Limitations. TILE%3636 J .. '. February 1,3995 . ♦M®OC \Users\code 'enforcement\006921B4 .WM age 3-H. SECTION! 2 SECTION 3 Cylinder,Sizing Piping Limitations A-tter tetermir4rg the dumber aid type of nozzles required Pyro Chem Restaurant Fire Suppression System piping to•orotect the duct:plenum,.and cooking appitances.the lirrtitations are divided.into twa categories Mahe supply total number of system ftavrpoints can be determined: Line Piping Lirxutau`ons and Branch Lime Piping The sum of all required nozzles'flow points is used to Limitations deterrnme the size.and quantity of cylinders required: 1. Main Sup ly Line Piping. MAXIMUM CYLINDER FLOW POINTS . Flow Paints fin The main supply line is a run of pipe from the cylinder to .8 PGU 240 t he hazard area-In general,it is a straight run.of pipe that 13 FCL 30 runs through tees. Branch piping is connected to the side 20 PCL-550 outlet.of these tees. The main supply line of the Pyro.Chenn Pesteurant Fire. For sistamsregsiring more than twenty(201 flow points Suppression System utilizes eitherstraight line or split any cornbinaticsn of cylinders.can be used prouided the piping to simplify system'sns*.allation. total flow point requirements are met,:. Straight line pipins is:distinguished by the fa main the main supplyline is a'straight run of pipethat flows EXAMPLE through tees.Wh : en straight line piping is used,the main 1f a syst&Tn regL&es.twergy-six 12&! low poirits,th.e. supply line cannot run into the branch of a tee, following carnbinitic�nsf cylinders Carr be .used: SPiit piping is distirtgyished by the fact.that the main t. ;x PCL-556 and t x PCL'240(29 FP total) supply.Dine runs into file branch of the first tee,splitting PGL-350 t25 FP total) the main supply brae.44 tvvo.The main supply line can only. .. be split once tas.described above).When split piping is used'.no branch piping can e connected to the rreain NOTE. supply line before.it is split.4n split piping systems,the Cylinders cannot tie manifatded together,Each entire main supply 1ine.;rnciuding both sides:of the slit, cylinder rririst be Piped separately,. cannot exceed the piping limitations outlined in this chapter-In additioh,,the equivalent lengths of the main: MAIN SUPPLY LINE PIP . __...� l �: . . . . AT $0L WrLCT OF . LWL TM _ t4' l _ .: : . . l : . : : . Z7 17 L . . TOTAL LINEAR FEE i = 4.Q, TOTAL FITTING EWIVALENT = . 14:2' : . . . . . 0TAL EQUIVALENT FEET . :Figure.3.15.1=*ample of Equivalent Piping. I.EM 3E3R- ov6p)oer F,1994 . . . . .. . ♦V0@C: \Users\code enforcement\006921B4 :WM Page 3-10 . Hew2 . , . 2.,Two Nozzle Duct.Branch.Piping NOTE Limitations. For installations.that.require the use of the Model . NL-F1-25 nnzzle.the following additional:restrictions: The two nozzle ductbraneh.is a run of pipe which aP:plY connects the main suppty line to two duct nozzles.A.two ?: Minimum length,linear-:5.5.feet nozzle duct branch can sapport the felt-awing combinations 2,'1ltnimurn le.r-gtlt;equivalent: 12 feet of nozzles: 3:Minimum systerE'flow paints:3 d:Minimum bra ;hes{total):3 .1'-'2 x Model NL=P Nozzle 2.:2 x'Model NL-D3 Nozzle.: : . . BRANCH PIPING LIMITATIONS Two nozzle duct branch piping.limitations ere given by There are seven (7)types of branches used.on the r . . . o Table 35.1_ F hen-Refstaurant Fire.Suppression System, - .. .a fl°` ?.One ?} urzzle Duet.Brarch: SC PN nz: tar r ,L GLi a[YCS - MEIk [o ri' sill' tGX[ §]E 2_Two#2l:Nozzle Duct Branch. 3.One(11 Nozzle Plenum Branch. 4.One 11l Nozzle Appliance Branch... Table 3-5.11.Duo Brtiich Piping L7mitatiarls_ 5-Two(2)r Nozzle Applance Branch. - 6-Three 1131 r46zzle Appliance Branch; 3.One.Nozzle Plermutllt Warm*Piping Limitations. 7.Foul(4l Nozzle€forge Branch- J r . The one nozzle.plenurn branch is a run of le pipe which . NOTE, A ran brar(ct,is any branch that contains four, connects the.maim supply line to a.plenrim nozzle.A single NL=Fi-25 no o.niy,Ant y aranch.that. contains less than plenum branch can support only one flow paint. Plenum four:NL-F1.25 nozzles.o NL-F1,25 nozzles in combination . . brarir h piping limitations are.glverr by.Tabte.3.6_ with fifty Other noz2le(s)is.ctinsidered an appliance branch. : .. .. : - . . LIr When-using the PCL-240 the total of all duct,plenum. ;;t . Fes„ : �.. 11r[ . appliance,and range branch piping cannot.exceed 25 linear.feet and 55 equivalent teet. . . . . When u :--g the.PCL-3R the total of all duct plenum. Table 3-6.Pfenurn Branch Piping timitations- applian e end range branch'piping cannot exceed 35 linear feet and 100.'equivaie.nt feet. 4. One Nozzle Appliance Branch Riping When using the PCL-550.the total of all duct, plenum; Limitations. appliance.and range branch piping cannot exceed 45 The one nozzle appliance branch is a run of?j,L'pipe which linear-. .. . . and 125 Bquiyalent feet.: connects the main supply fine fo a single appriance nozzle- Branch piping:limitations are applicable to ail.cylinder A one nozzle appliance branch can support a maximum of sizes:(i e-,PCL-24C,PCL-350,and PCL-5501.All branch two 21 flow points.One nozzle appliance branch pipi fig piping must be%'diameterblack,chrome.plated,:or limitations are given.by'table.37. stainless sfezl.pipe: : : . MM C =csx'LE.cTMS MR 1EHGT"Y UAk Ert (ll7g ai FEET. _ VCi1T1CM 3ECT16N M ravtES v." EOW LF<W.I Q-V `M 1. One Nozzle Duct Branch,Piping Limitations. The one{nozzle duct branch l5 a run L�f'(,"pipe which Table 377.One dazzle Appliance Branch Pipinq�.imivo;Qns. connects the main supply line to a single duct nozzle..A. 5 Two.Nozzle Appliance Branch Piping . fine nozzle duct branch can support the fallowing combinations'of nozzles= Limitations. 1 x Model Nl__P Nozzle. . . The two nozzle appliance branch is a run of%" pipe which connects the main supply line to two appliance nozzles.A 2. 1 x Model NL-D2 Nozzle... . .. 3. two nozzle appliance branch 1 x ModeT.NL-D3 Nozzle. 'ran support a'maximum of . . .... . . . . . . . four(4)flow poirds..Two r ozzle appliance`branch piping One nozzle duct branch piping limitations are given by TW.*3-5. limitations are given by Table 3-7.1. . . . "i MMA.LELYGTI6 - 4N SEht gll! ..:MAX .. IlL,1. - "7 Lvo4 - Vl1.L[MCC1lS MA YLRM !-EET t[(;- VpITLCiI .: .. .FLU FEET ltET yE1rM.,L :E 116E YCT11V D . PGNf7 ..'aC CPI�.� t.XMN rQ"V .. .t4HT5.. LK&A.. .CRr4 - LK�- .. .. 'Mlr. '2 Nnsw Jlk•-� J k " � : fl - :. .r- _.' .4s+!!r.� aJl1'- �-'.. 6 E7 a a C Tpblw 34.Duet Branch Piping Umitationa, Tattle 3-7_1.Two)Nozzle Appliance Bragch Piping Limitations. . . ... . #LEX 3830 . ei�tuaryl;`1995 *V6@C: \Users\code 'enfercement\006921B4 _'WM �iapCer 3�System 7esign _ Jage 3-10 . . . . : _ 3ev:2 . nTE 2: Two Nozzle Duct.Branch Piping ' For installations that refit ire the use of the model L imitations. N1_ F1.25 c°ozzle, the fo#iuti:ing additional restrictions the two nozzle duct branch is a run.af'f° s pipe which app#Y: connects the:main supply line to two duct nozzles,A two 7.Minimum length; linear:5,5 feet nozzle duct branch --an support the following combinations . 4:Minimum lengti,,equivalent 12 feet 3.Minimum system.flow .a'srrts:3: of nozzles p . 4.Minimum branches(totay:3 !.2 x Model NL F Nozzle, 2.2 x Model NL-03 Nozzle. BRANCH PIPING-LIMITATIONS Two nozzle duct branch piping limitations are given by The are seven (7)types of branches used on the Pyro . Table 3-5.1.: Chem Resinurant Fire Suppressio�t Systen-ii'' . - WY WK.CEN4-M ilk LfNG+ry IV1: 3.Dne(1) Nozzle Duct Branch. vcrrx I 2.Tvva 12) Nozzle Duct Branch - i - 3_one lil NozE.le Plenum Brai�-h- 4.One(1) Nozzle Appliance Branch. Table 3.5.1.Duct Branch Piping Limitations. 5..Two t21 Nozzle Appliance Branch. 6.Three(3) Nozzle Appliance Branch; 3.One Nozzle Plenum.Bancl�piping I_tFWtc3 ions 7. Four t41 Nozzle Flange-Branch. " The.one nozzle plenum branch is a run of%b pipe which NOTE: A range branch is any branch that contains four connects the main supply fine to:a.plenum nozzle.A single NL-F1.2E-nozz1[es onty;:Any, branch that contains less than plenum branch can support only on'e flaw paint,Plenum four 1VL-f 1?5 aoz i s;:or ItL-;.1.25 nozzles in combination branch piping limitations are given'oyTable 3.6 with any other nozzle(s)is considered an appliance branch. When using^the PCL-240,the tr+tai of ail duct:plentim; �'�N s . .hfl lirE... : � �.:. : '' - .. r¢r appliance,and range branch p-lpting cannot exceed.25 rc linear feet and 55 equivalent feet. . . . When using the PCL•3W. the total of ail duct, plenum Table 3.8,Plenum Branch Piping Limitationz, a�oliance,ano:range branch piping cannot exceed 35 . linear feet acid 100 equivalent feet 4. One Nozzle Appliance Branch Piping . . When'using the PCL-550,the.total of afE duct plenum, Limitations appliance,and range,blanch piping carinot exceed 45 The one nozzle appliance branch iS a run of Y.'pipe which linearfeet and'125 equivalent feet, connects the main supply line to a single appliance nozzle. Branch piping:lirmtations are applicable to all cylinder A one nozzle appliance brancti:cari suppy a maximum of size,-,li.e., PCL240, PCL-350;and.PCL-550).All branch: two i2! flow points,one nozzle appliance i3ran h piping piping must be 3f,"diameter bladk..chrome plated. -r limitations are given by Table 3-7. . stainless steel:pipe. :.. eT1* =�1 1CF.T1E ld, ryE ra r�T f¢T tiraiic� 3 CT%1ii 1>4s 'Aarlt3 Kl.p qxs JL A r4iYV rte. 1. One Nozzle Duct Branch Piping.z Q L irnitati i:3i15, The one nozzle duct branch is a run`of'4"pipe which Table 3-7:One Nozzle llppliance Branch Piping Limitations: connects ihQ mam supply line to a single duct nozzle.A S. Two Nozzle Appliance Branch Piping one nozzle duct branch can support.thefollowing combiiiatians of nozzles;. Limitations. 3. 1 x.l�Vlodel NL-P Nozzle. The tw.b nozzle appliance branch is a run of IV.-pipe which 2 1'x.Mode�l'.NL•Q2 Nozzle; „ connects the.main supply line to two appliance.nozzles.r� _ .3- 1 x Model lVL-Q3 Nozzle, - : two nozzle appliance branch can support a maximum of four 14)flow points. TWo nozzle appliance branch Piping One nozzle duct branch piP3ng limitation are given by Table 3-5_ limitations are given by.Teble 3-7 1. .. yliC WY�LCFiG`g3` iM[kP,6:fk5. ylK i Yll W&K_U4-,-d Wk Mcr4 - F ME l�Ow. = T. F[q. l WK _( Yc^roiiifr�+. :cµ I F KF nw aCLt I tuT Y_rrs=ate. fF table 3-5_Duct Branch Piping Limitations Table 3 7.1.Tv�rn Nozzle Appliance Branch Piping limitatnons. JLE1$3834 - _ -ebruary'1 1995.: . ♦r®@ C: \Users\code exiforcement\006921B4'.WM' ' . Chaoter3—System Design.' Page 3.11 R ev.i 6 Three Nozzle Appliance Branch Piping Limitations. . . . Tie three no-al:e appliance branch is a run cf'i,:pipe . . . . . : which connects the rnain.supply line to three appliance. . nozzles.A three nozzle appliance branch can support a . niaxirh'4m of five i5l flow points.Three nozzle appliance branch piping limitations are given by-Tab#3.7 2 . . . ..max TW6 3-72.Thre6 Nozzle Appliance Branch Piping Limitations: . . 7.Fjitw'NQzzle.Range Brant Piping L.ia�tion� NOTE. ` . These.limitations apply to branches that utilize four Model' NL-Ft:25 nozzles.No'other types of nozzles,or combing. tions of nozJ-es,m2y be used on a four nozzle.branch. The four nozzle range branch.is a.run of T/. pipe Which connects the main supply line to four NL-F1.25 nozzles and five 151 flaw points only,The four-nozzle.range branch Piping limitations are givers by Table 3-$: WX . 'UT rear vcnr"l SLCyD( OJ.. �OnTZ lMM � i01r Table_3$Range Branch Piping Limitations. . . N L r NOTE MUC'D t r ft rc=r' This is not e 'IrRYtYC mUCT complete list of all r exxon possible config- t ! ft25 t.. -R urations Others NIL—A Nz«fas s �f sr �c�iuo�o wilt�a acceptable +Ptrxµn . . . 4 K-+t .. . KtA provided they s `vt conform to the limitations shown qil cc?s . in this chapter. x. r i /i-03 .. - .. . - : .EC�i17D[FJ - MUC71 ... f .. r p!9 rt w f fF � GMnr.o b Ec�ppt.a )&-f2 rg-r nr-p . � . . _ l 3/a'FLAB!-5uPFLy Lim.��"'"—�-- '.: . .. . . . . figure 3 16,Madal PCL-260.Examples Of Acceptable Piping�onbgurations. OU . ULEX 3a30 NcVemher t: 199x' ♦rGPC'- \Users\code enforcement\0069=4 .WM hapter 3-Systern Design, age 3.12 NOTIE evcn r ¢�� This is nat'.a complete list of all possible. configurat ions.Others will be acceptable provided they,corifonn to the limitations shown in this chapter. Kai .. 'r,U reran r��cs�-r!"w . . ` A.� . OM NI 1 1. ►K A t4-ful x Kf Y•�w `{ IiDILy ,j tatl 1L-�7 IOIOWC !l rj,�w Iss I < < VTa�IaS 14-A'.14�►at5 .vtMlfJ7 � K-f'tti r + x-M Iww►xae. L K i 4 WWFM .. .. : - _ .. .. Or"W,!ALLY li'L... 310 an4wal IRE Figure 3-17.Model PCL-354:Examples:of Acceptable Piping Contlgurations. NOTE +� This is not a complete list of all possible configurations.Others will be acceptable provided .. x n. they conform to the limitations shown In this chapter. Dorn � K-1I . r �&� It b3 ti Ire _ �r .,.,,� Beam► - - bw� d Icll,.14aY w{„a r 3 r u� JL-A .. .... .. . . Figure 3-18.Model PCL-554,Examplei Of Acceptable Piping Con.igarations. ILEX 3830 : . . lovernber 1, 1944. _ : . . ♦1►G@C: \Users\code enforcement\006921M WM Chapter 3---�Systern Design Page 3-13 fiav_1. SECTION 4 not exceeding 48"x 48'.shall he protected by one(1) de�e�t+C1.r �� Bnl4[E� detector.Cooking appliances with a continuous cooking surface exceeding.48"x:48-shall be protected by one Detectors are required over cooking appliances and in the (1)detector per 48'x 48"cooking area.Detectors used duci(s)of protected ventilation hoods. Detectors shall be for Cooking appliances must be located within the located in the plen Lim area of ventilation hood, perimeter of the protected appliance toward the °xhaust du.t side of the appliance.The detector should be located in the air stream of the appliance to enhance 7. xiiat��t ❑uct{S),. system response.cim6, Each exhaust du-1 must'hsve atleast one(1)detector if a cooking appliance is lQ,ated under a duct opening installed in the center of the duct entrance or at maximum Whcre a detector has been mounted,.it is not neceswy of 12 lest into.4hE duce,centered.See Figure 3 tg. to utilize an additional detector provided the duct det".or is not more than 12`into the duct opening_If two(2)appliances are located under a duct opening 2. Cookf�tg.A�1pfiance(S), where a detector has been mounted;it is not necessary Each cooking appliance with a continuous cooking surface to utilize an additional detector provided the duct detector is not more than 12"into the duct opening.See Figure 3-19- l f APPLIANCE APP.LIANCE . APPLIANCE APPLIANCE COVERED COVERED COVERED COVERED BY BY BY BY DETECTOR DETECTOR DETECTOR DETECTOR A B C Figure 3_19.Proper Datecior.Placement ULEX 1830 November-1,1994. ♦VG@C: \Users\code enforcement✓\005921B4 .WM Christians Reaching Out to Society, Inc. CROS MINISTIUES IS AN IN S'GR AITH NIINISTItY SERVING PALM BEACI-I COUNL Y AND THE,TR EASURI COAST r` Ro s April 10, 2015 City Commission 100 NW First Ave. � � ��C�,� Delray Beach,FL 33444 5l Dear City Commission, MINISTRIES We appreciate your time and consideration of the bathroom renovations at the Caring The Caring Kitchen Kitchen. Since the presentation atthe City Commission meeting on Tues, March 31St Delray Beach we have been working on gathering information in response to the neighbors and your Community Food Pantries concerns. We understand and hear the concerns that have been presented,but we do Belle Glade not believe they are the whole picture. Delray Beach Indiantown We are working on several items to hopefully help provide the whole picture. Dire to Lake Worth time constraints we are not able to submit the backup documentation at this time,but Jupiter Riviera Beach will submit it to you on Friday,April 17th. West Palm Beach We will be sharing the following information: Benefits Assistance Program Belle Glade 1 The addition of the showers will not change the impact we currently have on Delray Beach the neighborhood. Jupiter 2. We believe our services are helping many people in the surrounding neighborhood,defined as within I-95 on the West,Swinton on the East,Lake After School Snack Program Ida on the north and SW 10th Street on the South. If we moved outside this Nutrition in a Knapsack neighborhood,it would cause undue hardship on our clients. 3. Demographics of the neighborhood show the need and reason for the high Summer Day Camps number of police calls. We do not believe the calls to the Caring Kitchen are Boynton Beach unique to us or the neighborhood,but more a byproduct of the economic Lake Worth Pahokee situation (unemployed/underemployed) people face. 4, Summary of the 219 police calls from 2011 to 2014, which show about 49%of Gleaning the calls were not related to the Caring Kitchen and only one call at the Caring Community Advocacy Kitchen for"lewd lascivious"in 2012. 5. We will submit pictures that are date stamped to show the volume of cars present at the Caring Kitchen at different times and on different days. Ruth Mageria 6. Our presence at the American Legion Hall has been a positive influence for the Executive Director neighborhood overall. Rick Edlund Board President Thank you for your service to our community and if you have not visited the Caring Kitchen yet,we hope you will be able to soon. . r lx)-I, Sincerely, Town a mm n-th U,ked Way 9AY11w,Ruth MageriaC,, �1 Executive Director F1nVlod Way d Martin Cuuny 301 First Avenue South,Lake Worth,FL 33460 r(561)233-9009•(561)233-9819(Fax) " t Y info @crosministries,org.www.crosministries.org Mission:CROS Ministries serves the hungry In Palm Beach and Martin Counties through community collaborations. Ml.d way of Palm Imah caa"ry ` A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION FOR CHRISTIANS REACHING OUTTO SOCIETY,INC.,A FLORIDA-BASED NONPROFIT CORPORATION(REGISTRATION NO.CH2O251),MAY BE OBTAINED FROM 1 THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE 1-809-HELP-FLA(435-7352)WITHIN THE STATE OR CERTIFIED VISITING THEIR WEBSITE,WWW,FRESH FROMFLORIDA.COM.REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL,OR RECOMMENDATION BY STATE,501(C)TAX EXEMPT#59-1802917.CHRISTIANS REACHING OUT TO Nonprofits SOCIETY,INC.RECEIVES 100%OF EACH CONTRIBUTION,WITH 0%GIVEN TO A PROFESSIONAL SOLICITOR. First` SITE PLAN 111 APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 28, 2015 AGENDA ITEM: III.A ITEM: The Caring Kitchen (196 NW 81h Avenue) – Class III Site Plan Modification Associated with a 165 Sq. Ft. Building Addition for an Expansion of the Restrooms and Storage Areas and Installation of a Washing and a Dryer Machine. GENERAL DATA: Owner City of Delray Beach t LLl t Applicant......................... American Legion Post 188 d i � Agent.......................................... GE Architecture, Inc. Location...... ............................... Southwest corner of NW 2nd Street (Dr. Martin Luther King — Jr. Drive) and NW 8th Avenue Property Size.............................. 0.359 Acres I Future Land Use Ma LID Low Density Residential 0-5 3 Current Zoning du/ac) �— NW 3rd St g............................ CF (Community Facilities) District) Adjacent Zoning................North: R-1-A (Single Family Residential) District} .:i East: R-1-A (Single Family Residential) District} � } �..� �� South: R-1-A (Single Family Nlw_n t' L LPL_ Residential) District) West: R-1-A (Single Family j r Residential) District) Existing Land Use...................... The Caring Kitchen Proposed Land Use.................... The Caring Kitchen n {� Water Service............................. Existing on site via 6" main on ��-- � NW 8th Avenue. s����� �i.._ 1 � LLB Sewer Service............................. Existing on site via 4" main on NW 8th Avenue. �. ..�_I i ..a i I L .._.1 I ..._._..' LLLL W Atlantic Ave 15 00 j NORTH 1 ITEM BEFORE THE BOARD The action before the Board is approval of a Class III Site Plan Modification request for The Caring Kitchen, located at 196 NW 8th Avenue, pursuant to LDR Section 2.4.5(G)(1)(c). BACKGROUND The subject property consists of Lots 22, 23 and 24, Block B, West Side Heights, according to the Plat thereof, as recorded in Plat Book 13, Page 61, of the Public Records of Palm Beach County, Florida and is zoned Community Facilities (CF). The property is located at the southwest corner of Dr. Martin Luther King Jr. Drive and NW 81h Avenue and contains a one- story building that was constructed in 1966. The property is owned by the City of Delray Beach and is leased to the American Legion Post 188. The American Legion Post 188 subleases the property to Christian Reaching Out to Society (CROS) Ministries who operates The Caring Kitchen, a community kitchen social service facility. On April 14, 1992, the City Commission approved Ordinance 13-92 rezoning the subject property from R-1-A (Single Family Residential) to CF (Community Facilities). On May 27, 1992, the Site Plan Review and Appearance Board approved a site plan and landscape plan to relocate the parking to the rear of the building in order to accommodate street and drainage improvements. In 1993, CROS Ministries Community Food Pantry opened a hot meal program at Mt. Olive Missionary Baptist Church located at 40 NW 4th Avenue. In 1997, the Caring Kitchen moved its operation to the current location at 196 NW 8th Avenue. At the subject site, The Caring Kitchen provides Breakfast on (Mondays through Fridays, 9:00am to 10:a.m.); Lunch (Mondays through Fridays, 11:30 — 12:30p,m.) and Dinner (Monday, Wednesday, Thursday and Sunday, 5:00-5:30p.m.) Also, meals are prepared at the site and delivered off-site. The Caring Kitchen is also a Department of Children and Family Community Partner and assists participants in applying for food stamps, Medicaid and cash assistance. Prior to consideration by the Site Plan Review and Appearance Board, as property owner, the written consent of the City Commission was required to allow CROS Ministries to pursue the site plan modification application. On December 9, 2014, the City Commission authorized CROS Ministries to pursue the site plan modification application. PROJECT DESCRIPTION The development proposal seeks to rebuild and expand the existing restroom facilities; expand the storage area; and add the provision of a laundry area that contains one washing and one drying machine. The site changes include: 1. Construction of a 165 square foot building addition (6'8" x 24'10") at the southwest corner of the building; 2. Demolition of the common wall between the womens and mens restroom and the exterior walls and windows adjacent to the restroom facility; 3. Removal of the bathroom fixtures; 4. Construction of new mens and womens restrooms with shower; 5. Addition of a new 6' 8" x 6' 7" storage area which will be accessed via the existing cooler storage area; SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification 6. Installation of a washing and drying machine; 7. Installation of two single hung windows on the west building elevation; and, 8. Installation of two wall mounted flood lights along the west elevation. Currently, the facility has two men's restrooms and two women's restrooms which are not handicapped accessible. The restrooms will be rebuilt and converted to one men's restroom with a shower and one women's restroom with shower. The restrooms will be designed to meet the handicap accessibility requirements and will only be accessed from the interior of the building which will enable staff to monitor who accesses the restrooms. The proposed design only allows one occupant to utilize the restroom/shower at any given time. The Class III Site Plan Modification and Architectural Elevations are now before the Board for consideration. SITE PLAN MODIFICATION ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Community Facilities (CF) zone district. Ma �rxru ��Idtn '1-trht 48' 11,6° 'erfm� tbes 10' 17' (minimum) pn Sac = 25% 62.4% LDR Chapter 4.6 Supplementary District Regulations: Parking: The Land Development Regulations do not provide a specific parking ratio for community kitchens. LDR Section 4.6.9(C)(1)(d) states: Uses Not Listed: "Any use, or use category, which is not specifically listed herein shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure." The applicant has submitted the following statement for consideration in the establishment of the parking requirement for the subject site: "Please accept this letter as our formal summary statement with respect to the number of parking spaces we have determined are required for the Caring Kitchen, as outlined below: 1. The peak' hour at the facility is 'lunch' hour. There are 8-15 volunteers (including Community Service workers) who serve during this time, depending on whether the Boutique' 2 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification (clothing closet) is open. Some of the senior volunteers carpool as many do not drive, and a good number of the Community Service workers either walk or ride bicycles. Out of the number listed above, we average 9 volunteers that drive cars. 2. The typical number of people served during 'peak' (which is lunch time) averages 180 in one hour. Most of the individuals walk, and many take meals to neighbors who cannot get out due to illness or old age, so one person could take 2-4 meals at a time. Those being served enter and leave quickly, so while there's an average of 180 people served during peak hour, there are never that many individuals on the property at any one time. Throughout the day, we average between 5 and 10 people every hour. 3. Based on the above information/data, we looked at the American Planning Association parking standards for social service facilities - which requirements are 1 parking space for each 1,500 square feet of building area, plus 1 per employee or volunteer on the largest shift. Based on this standard and the above usage pattern of the facility, our calculations below indicate the following. Total square footage of building (existing and new) = 3,226 sq. ft. Total employees/volunteers = 9 during a shift/serving at peak hours. Based on this information and the American Planning Association, approximately 12 parking spaces are required. Existing facility has 19 existing parking spaces, (1) of which is a HC space". Staff recommends that the requirement be based on the greatest number of volunteers (15) and that a parking requirement for seventeen (17) parking spaces [3,226 sq., ft.= 1,500 sq. ft. = 2.15 plus 15 (staff/volunteers)] = 17.15 spaces. The site accommodates 19 parking spaces, thus this requirement is met. Handicap__Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA (American Disability Act) requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space for every 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200. The project will provide 19 parking spaces, thereby requiring 1 ADA compliant spaces. The site plan shows 1 ADA parking spaces, thus meeting the code requirement. Other Issues: Bicycle Parking Facility: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack exists at the site however, due to the high percentage of bicyclists that utilize the facility the applicant is 3 ', SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification proposing two new bicycle racks along the walkway on the east side of the building. Thus, this LDR requirement has been met. LDR Section 4.4.21(H)—_Special Regulation: Perimeter Landscape Setback: ➢ LDR Section 4.4.21(H)(1) requires that the perimeter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. The subject property was built in 1966, and thus, it is considered a nonconforming with respect to the location of the walkways that traverses the landscape setback areas. ➢ LDR Section 4.4.21(H)(2) requires that when this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The subject site is adjacent to residential zoning to the west and south. Along the south and west perimeters landscape setbacks of 16 feet and 20 feet are provided accordingly. Thus, this requirement has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The existing refuse dumpster with wood enclosure and gates. Recyclable bins are stored within an enclosure located at the northwest corner of the building and are rolled out to the curb for pick-up by the Waste Management Company. Site Lighting: Pursuant to LDR Section 4.6.8(B)(3)(a), General Design Criteria, in determining a lighting design, consideration shall be given to the architectural and environmental aspects of the facility it is to serve. This consideration shall be instrumental in determining type of fixture mounting height, and light source. Pursuant to LDR Section 4.6.8(B)(3)(b), Light Control and Spillage, for perimeter exterior lighting, only full cutoff luminaries will be approved. The applicant is encouraged to minimize light spillage from building and site and to reduce urban-glow for the development/redevelopment proposed. Maximum allowable illumination at the property line of any adjoining parcel or public right-of-way is 0.25 horizontal and vertical foot-candles measured at six feet above grade level. A photometric plan was not required with the subject development proposal. Site lighting is accommodated with existing flood light affixed to the I=PL light pole located within the alley, street lights and wall mounted light fixtures. The applicant has proposed the addition of two wall mounted flood lights on the west elevation. Staff recommends that the new light fixtures be LED 4 SPRAB Meeting January 28, 2015 The Caring Kitchen—Class iII Site Plan Modification and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses and this is noted as a condition of approval. Crime Prevention Through Environmental Design (CPTED): The development proposal was reviewed by the Delray Beach Police Department which provided the following comments: Surveillance: "Surveillance describes the natural ability of `normal users' to observe the activity of others. CPTED standards require that residents, pedestrians, and passing motorists (ali: `normal users) are afforded the ability to observe unlawful activity while conducting routine day to day activities. Good surveillance dictates that most `normal users' will be able to observe illegal activity in nearby surrounding areas. Windows should provide a clear view of the parking lots and sidewalks from inside the building. In addition, they should not be obstructed by signage or plant life. Bushes/shrubs should be no higher than 2 Ft. and all trees should grow to a height of at least 6 Ft." The proposed elevation changes are limited to the installation of two windows on the west elevation which do not provide a view of the parking lot or sidewalk areas. LiQhting: "Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. Lighting could be improved throughout the site as there are numerous dark areas at night. Lights should be LED and provide a bright white light." As noted above, staff is recommending that new LED light fixtures are provided. Safety/Security The Police Department has raised several concerns with respect to the existing use and states that the addition of showers and laundry will increase medical calls as well as theft calls and disturbances. The Police Department further states that "There are a large number of homeless subjects who use The Caring Kitchen address as their home address. This has created numerous issues for law enforcement and other agencies. It is our belief, that by adding these amenities, it will create a more home like feeling for them and cause more people to use this site as their home address." The Police Department states that calls for service are above average at this site (see attached list) as there are a wide variety of issues that are created by this type of site. The Caring Kitchen has indicated that the laundry (washing and drying machines) are provided to handle dish towels which are utilized in the preparation and service of meals and to wash donated clothing, as needed, instead of volunteers taking them home. The laundry facility will not be available for customers use. Additionally, the use of the showers will not be generally available to the customers. Attached is a narrative from the applicant that addresses the services to be accommodated by the proposed improvements. 5 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification The Police Department recommends the provision of CCTV or camera security device surrounding the site, or at a minimum one camera installed per direction and this is noted as a condition of approval. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1) Indicate location of existing utilities in area of addition. ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1. 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. 2. 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. 3. 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. The existing building is a 3,061 sq. ft. concrete masonry structure built in 1966 with a brick veneer and smooth stucco finish walls painted white. It contains a kitchen area, dishwashing area, a dining room, pantry, storage area, restrooms, and an office, i The proposed development includes a 165 sq. ft. building addition located on the west side of the existing Caring Kitchen building. This addition will accommodate men and women restrooms with two bench and grab bars shower receptacles, a washer and dryer area, and a new storage area that will be accessed through the existing cooler. The proposed building addition will include two exterior wall mounted flood light fixtures and two single hung impact resistant aluminum windows. The two windows will have exterior caulking aluminum frames to prevent any storm water run over leakage. A galvanized aluminum color dripping edge will also be installed at the top of the wall and beginning of the proposed flat roof. The proposed building addition will match the colors of the existing concrete masonry structure built in 1966 with a brick veneer and smooth stucco finish walls painted in white. To improve the appearance of the building, staff recommends that the entire building be re-painted white and this is noted as a condition of approval. Thus, positive findings can be made with respect to LDR Section 4.6.18(E). 6 SPRAB Meeting January 28, 2015 The Caring Kitchen—Class III Site Plan Modification REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(c), Class III, a modification to the site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requiring partial review of Performance Standards found in Section 3.1.1. A review of LDR Section 3.1.1 has been made below: LDR Section 2.4.5(G) (5): Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class Ill modification. The development proposal involves a 165 square foot addition to accommodate an expansion of the restroom facility, new storage area and addition of washing and drying machines. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas_ LDR Section 3.1.1(A) - Future Land Use Map: Pursuant to LDR Section 3.1.1(A), Future Land Use Map, the resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a LID (Low Density Residential 0-5 du/ac) Future Land Use Map (FLUM) designation and is currently zoned Community Facilities (CF). The CF zoning district is consistent with the LID FLUM designation. The Caring Kitchen has been in operation since 1997 and is acknowledged as permitted at this location. The purpose and intent of the Community Facilities (CF) District states that this zoning district is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public, and private purposes. Such purposes include governmental, religious, educational, health care, social service, and special facilities. As a social service facility, The Caring Kitchen meets the intent of the CF zoning district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(S) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: 7 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification As described in Appendix "A", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. Section 3.1.1 ® - Compliance With the Land Development Regulations: As described under the Site Plan Modification Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: Future Land Use Element - Objective A-9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North R-1-A (Single Family Residential) Single Family Residences South R-1-A (Single Family Residential) Single Family Residences East R-1-A (Single Family Residential) Single Family Residences West R-1-A (Single Family Residential) Single Family Residences Over the years there have been neighborhood concerns regarding the operation of The Caring Kitchen. While the facility provides a much needed social service, there have been reports by the neighboring property owners of trespassing by the customers that use this facility. In addition, the Delray Beach Police Department has submitted a list of various criminal activities that were reported at the facility, including assaults, burglaries, disturbances, trespassing etc. While this remains an on-going situation, the development proposal to rebuild the restrooms to comply with the Handicap accessibility requirements and to make them more secure and private will not impact the police activities or increase criminal activities that are reported. It is noted that the proposed improvements result in a net reduction of the restroom fixtures. While the introduction of the showers are new to the facility, this will not increase traffic to the facility as the use of the showers will not be generally available to the customers of the site. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the addition of 165 square feet to allow the existing restrooms to be rebuilt and the provision of new additional storage area does not increase the seating capacity and as 8 .......... - SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification such will not increase the traffic to the site. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Compatibility of the existing use with the nearby properties has been an issue for many years, However, this application seeks to facilitate the provision of handicap accessible restrooms. The current layout allows two occupants within the womens restroom and the mens restroom each of which do not provide separation and privacy. The requested change will not increase the intensity of use at the site as the new floor area will be utilized for storage and for a washing machine and dryer. Therefore, the proposed development will not have any additional impact on the adjacent residential land uses. REVIEW BY OTHERS At its meeting of January 22, 2015, the Community Redevelopment Agency (CRA) reviewed and recommended approval of the development proposal. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizens Coalition ➢ North West Community Improvement Association ➢ Paradise Heights ➢ West Settlers Historic ➢ West Side Heights ➢ Carver Memorial Park ➢ Jefferson Manor ➢ Gateway Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ALTERNATIVE ACTIONS A. Continue with Direction. B. Move approval of the request for a Class III Site Plan Modification and Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G), 4.6.18(E) and Article 3 of the Land Development Regulations. C. Move denial of the request for a Class III Site Plan Modification and Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G), 4.6.1 8(E) and Article 3 of the Land Development Regulations. 9 SPRAB Meeting January 28, 2015 The Caring Kitchen—Class III Site Plan Modification STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the request for a Class III Site Plan Modification for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(G), and Article 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing the conditions of approval and engineering technical items contained in the staff report; 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one per employee/volunteer on the largest shift, and that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or camera security device is provided surrounding the site, or at a minimum one camera installed per direction. Architectural Elevations: Move approval of the request for Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E) subject to the following condition: 1. That the entire building is re-painted white upon completion of the building addition. Report prepared by: Jasmin Allen, Planner Attachments: • Site Plan, Floor Plan, Architectural Elevation, Photographs, Location Map • Parking Statement • Letter from CROS Ministries • Police Event List Report 10 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer. • Water service is existing on-site via a six inch (6") main within the NW Stn Avenue. • Sewer service is existing on-site via a four inch (4") main within NW 8t" Avenue right-of- way. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic., A traffic statement was not required as it was determined that the addition of 165 square feet to accommodate expanded restrooms and storage area would not trigger any additional traffic requirements. Parks and Recreation Facilities- Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: If a restaurant classification is applied the proposed 165 sq. ft. addition will generate 2.05 tons (24.9lbs/square foot x 165sq. ft. =4,108 - 2000) of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated via sheet flow from the parking lot to grass swales located between the building the parking lot. There should be no impact on drainage as it relates to this standard. 11 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent 12 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets intent of standard Does not meet intent 13 Ei CD S O w 3 [� W y 2 o-:eiyo�sl cw�n�caii:oar�•� r�ls,.:.a3d nuuxm—1—m i4e,, 0 I'll nsn Nn o ao w:secssoa si-Maur s:n; lg 5 § m J W LU E� a Z d Q y p wz CL ... Ul a- H 6-R m o fn m s h ¢ -_F_ -__ _ _ _ -__ - _----_-_ _ _ .__ I _.__ _ _ - - - ---3:1Y3/v Mi8�N _---__ _ __ -.. -_.-- _ _ _ -- - 0 �2•a o u e a w C]6o8ff 5 6 6 5 5 6 5 i ! I i i �5� ,sa ill i p 1 [ u z 0 r �R auku 9- IN pp x�a LLtW ................__...._........ ., — I � U j4g` ivm�0 1M91a xa<id a_..v7d gel �4 ', i II II a 1t ❑ � C9 N o �� O csj EL T. o�reinoad si avi 3anie3inav s�no Nvis2e.a3e xsiiiar any�roniim ire-ur�oc sine ass aanio ao tnuerao r�resass�iva mv aanaas aav a�neia iiv 7ni 3ns7aii.as a��o.ua=mod ani si ina�.m�a�sn� zq) z �m ?a 0 0 k V Iff !U ma° a o J mdQ cv a nr=o z s-3 3�Hq.,- �r�z aoa_o ° e a LLI m W � W a ¢ x o �Ea a L► Q z Wa d J � F � � b J a 4 g�'� sf a a Fn U �: p0. n� a a `o°a �� w a aLL FIN Q Ze d Y.. 8 ❑ Ul LL O � p g ,k i, Q allow ©o' In e n .._,._.... Q —Z _.....s_ J d § 'Y a IuLJ � din 8 >xp s O uj am LL yzw cm:4 tz z¢ J £ O Qo"a 3wV o a 8 $ U Y �o =<E o W�v a^ CL a .emcad si•ani aan:a3unaaa 3e�a wises ad raui an:�ncn.ur,.aai.n�oa sin_;o asn a=nio ao rvoi:,nmae;a vaissa: anv arm n—u --,j­oa j,: IT @gip EwB C$'1 � q�q°j J"n gig r T - .a: k F: €` Lry IF Sol , ti9 c �, 0 .., ; ter'": i��✓si ��s�-�� �2�s���es -� t� i _ e t IS 4 �1T Air, Mow AW Yr Z ffi'm U � fr's��t S_ � '� ��Pk FN•� L F+ i z �3u j+v 3fEY,�� �LJ i�qE, .re CAT MW OWN , A TOM Mm- Win v F t S rf i s Clt r r .�l NW 3rd St m 2 0 z m CD ¢ 3 W NW 2nd St CO V, z z co oa rn z t r z Rlst St FTL11 r THE CARING KITCHEN NORTH pp p� Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT : architecture, inc. architects, planners&designers aa26002044 205 george bush boulevard defray beach,#1 33444 tei 561.276.6611 fax 561.276.6129 January 16, 2015 Jasmin Allen, Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Caring Kitchen Parking Dear Jasmin: Please accept this letter as our formal summary statement with respect to the number of parking spaces we have determined are required for the Caring Kitchen, as outlined below: 1. The 'peak' hour at the facility is 'lunch' hour. There are 8-15 volunteers (including Community Service workers) who serve during this time, depending on whether the 'Boutique' (clothing closet) is open. Some of the senior volunteers carpool as many do not drive, and a good number of the Community Service workers either walk or ride bicycles. Out of the number listed above, we average 9 volunteers that drive cars. 2. The typical number of people served during 'peak' (which is lunch time) averages 180 in one hour. Most of the individuals walk, and many take meals to neighbors who cannot get out due to illness or old age, so one person could take 2-4 meals at a time. Those being served enter and leave quickly, so while there's an average of 180 people served during 'peak hour' , there are never that many individuals on the property at any one time. Throughout the day, we average between 5 and 10 people every hour. 3. Based on the above information 1 data, we looked at the American Planning Association parking standards for social service facilities -which requirements are 1 parking space for each 1,500 square feet of building area, plus 1 per employee or volunteer on the largest shift. Based on this standard and the above usage pattern of the facility, our calculations below indicate the following: Total square footage of building (existing and new) = 3,306 sq .ft. Total employees /volunteers = 9 during a shift 1 serving at peak hours. 1 Based on this information and the American Planning Association, approximately 12 parking spaces are required . Existing facility has 19 existing parking spaces, (1) of which is a HC space. Should you have any questions, please feel free to call our office. ere�y; G P o os, AIA, NCAR Vice- resident 2 ` unristiax-ts Reaching Out co Society, Inc. October 14, 3O14 ' � To Whom |L May Concern: � |n November of 2013, we received funding to make some improvements to our Caring Kitchen program's building which we sub-lease from the City of Delray Boach � MINISTRIES ' ' The Caring Kitchen VVe are proposing the following: � Delray Beach ` , Community Food Pantries 1. Belle Glade ` Gibbie Nauman, our staff, net with Beach from your office, who took � |ndiantown pictures of the bathrooms. The bathrooms have not been updated since we Lake Worth Jupiter moved to this location in 1997. The renovation of the bathrooms would also give Riviera Beach the Caring Kitchen more storage space since we will be pushing out the walls in | West Palm Beach the back of the bathrooms to accommodate ADArequirements. i ene5ou Assistance Program Belle Glade 2. installation of a washer/drVer set Delray Beach Jupiter Currently, volunteers and staff take home dirty towels to wash and bring back the following week when they volunteer. Having m wash er/dryerset on site fterSuhon|Snack Program would ensure there are enough towels for the next day. In addition, we could Nutrition inaKnapsack wash donated clothing, as needed, instead of volunteers taking them home. � Summer Day Camps Boynton Beach � Lake Worth In working with clients, it has become evident that the homeless do not have a Pahokee place to shower. In an effort to assist those working towards self-sufficiency, Gleaning staff believes that making showers available will assist with job readiness and Community Advocacy self-esteem.The opportunity for showers will be well regimented and offered � � twice weekly during non-food service hours. Volunteers and staff will be on sight Ruth K8mQer1a at all times. Staff expects to serve a maximum of six individuals weekly. Executive Director Please note: the renovation and installations are contingent on the City of Delray RickEd|und Beach's m99rovo| and funding. Board President - Thank you for your consideration in this matter. Sinceneky, 7�~=."~thw°"My | ECOM / . Ruth Mager a "°==~°°~" ...ty Executive Director nm First Avenue South, Lake Worth, n'no400°(5m1)o33-g0on 1)233-9819(Fox |mo@croomininoienom °mxmwomumino*hnv.nrg Mission:CROS Ministries SGrves the hungry in Palm Beach and Martin Counties through community collaboration. U.ft.dn=.,"�Beath County A COPY oF T*sn/nom1-REGISTRATION AND FINANCIAL INFORMATION FOR CHRISTIANS REACHING OUT Tn uur|srY,|wC xpunm� eAosuwompnonrCnRpqmm|pm �""u oxxncs1)'MAY asoara|mLoFROM THE uw|e/��op CONSUMER usemcssB,nxLumnrou� [�a35-7o � wTHE an�son csnnF|s mnmmoTHEIR wsau�s.vmmW.rucnxpnnMpuon/o^.coensG/urnxnom DOES NOT IMPLY�ENDORSEMENT, —' mppnovAL.ue RECOMMENDATION avSTATE. wso'1omm1r.CHRISTIANS REACHING OUT TO � Nonprofits aoo/sr�/mcxsnswsn�nomora^oxoow�nia�nom.vv|rxnm�wswro�peursv�mw��ooucmon � *m|° ` CITY OF DELRAY BEACH � Event List with Report Numbers Prime Report# ..........._.......................eallTime .Nature Location Unit Disp. Close'Time , „- 0111312014 10:44 196 NW 8TH AVE DUP 0.1113!2014 10:44:41. 12115/2012 22:52 196 NW 8TH AVE CAN 12/1512012 22:55:12 14010671 08/0412014 11:54 ACCIDENT P2 196 NW 8TH AVE A83 ACC 0810412014 14:00:20 11020092 0812912011 12:07 ANIMAL COMPLAINT 196 NW 8TH AVE A466 IR 08/29/2011 12:62:40 130"151.61._., ..... 1.11'i _ . ...._... ,... . ....... . __ .. . .. ... ........ ---_. i 412013 12:47 ASSAULT P2 196 NW 8TH AVE A37 IR . 11/14/2013 14:50:31 12000536 01/12/2012 12:15 ASSAULT P2 196 NW 8TH AVE V32 IR 01112/2012 12:5927 14000687 01/15/2014 09:59 ASSAULT P2 196 NW 8TH AVE A35 IR 01/15/2014 10:16-,53 05/22/2014 16:54 ASSAULT P2 196 NW 8TH AVE CAN 05/2212014 17:33:43 { 11010778 04/2012011 09:13 ASSAULT P3 196 NW 8TH AVE A34' IR 0412012011 10:08:06 11020852 09/15/2011 08:50 ASSAULT P3 196 NW 8TH AVE A35 IR 09/15/2011 10:09:45 j 12/1612013 10:53 ASSAULT P3. 196 NW 8TH AVE A35 CAD 12116/2013 11:10:12 13012166 09/0412013 08:54 ASSAULT P3 196 NW 8TH AVE A35 IR 091C)4/2013 11:23:43 04119/2013 15:47 ASSAULT P3 196 NW 8TH AVE CAN 04.11912013 16:10:37 07/21/2011 08:57 ASSAULT P3 196 NW 8TH AVE V32 CAD 07121/201109:22:26 08/07/2012 16:43 ASSAULT P3 196 NW 8TH AVE A46 CAD 0810712012 17:09:32 02/07/2014 20:53 ASSIST OTHER DEPT 196 NW 8TH AVE C35 CAD 0210712014 21:1124 01/21/2014 10:35 ATTEMPTED SUICIDE 196 NW 8TH AVE A35 CAD 01/2112014 11:11:41 13013546 10/06/2013 14:36 BURGLARY 196 NW 8TH AVE A83 IR '1 0/0612013 15*54:46 13012682 09/1612013 09:35 BURGLARY 196 NW 8TH AVE A35 IR 09/1612013 11:10:48 14005420 04118/2014 07:49 BURGLARY 196 NW 8TH AVE A35 IR 04/1812014 08:32:25 07/26/2011 09:08 DISTURBANCE P1 196 NW 8TH AVE A35 CAD 07/26/2011 09:43:05 I 13017310 .. 1213012013 08:31 DISTURBANCE P1 196 NW 8TH AVE A35 IR 12/30/2013 09:22:31 � :14002792 021 26/2014 10:32 DISTURBANCE P2 196 NW 8TH AVE N34 IR 0212612014 11:03:35 14007177 05123/20/4 09:29 DISTURBANCE P2 196 NW 8TH AVE A35 IR 0512312014 10:00:27 i 12/13/2013 11:15 DISTURBANCE P2 196 NW 8TH AVE A36 CAD 12113f2013 11:40:32 j 05/0212014 11:23 DISTURBANCE P2 196 NW 8TH AVE: A46 CAD- 05/02/2014 11:32:43 14010823 08/07/2014 11:42.DISTURBANCE P2 19614W 8TH AVE A35 CAD 081071201412:09:03 08/30/2013 12:04 DISTURBANCE P2 196 NW 8TH AVE A35 CAD 08130/2013 1 224:46 . .12/19/2013 11:42 DISTURBANCE.P2 196 NW 8TH AVE A46 CAD 12/19/2013 12'24:51: 01/0812014 11:12 DISTURBANCE P2 196 NW 8TH AVE A35 CAD 01/08/2014 11:26:37 11018171 07/19/2011 09:56 DISTURBANCE P2 196 NW 8TH AVE A35 IR 07/19/2011 10:56:45 09/1012011 00:05 DISTURBANCE P2 196 NW 8TH AVE C42 CAD 09110/201100,-24-10 10116/2013 09:12 DISTURBANCE P2 196 NW 8TH AVE A35 CAD 10/16/2013 09:32:32 05/21/2013 18:10 DISTURBANCE P3 196 NW 8TH AVE . C35 CAD 0512112013 18:23:14 ;. 12116/2013 09:42 DISTURBANCE P3 196 NW 8TH AVE A35 CAD 12!16!2013 10:06:21 07/08/2011 12:09 DISTURBANCE P3. 196 NW 8TH AVE D20 CAD 07!0812011 12:36:08 10/17/2012 17:21 DISTURBANCE P3 196 NW 8TH AVE C35 CAD 1011712012 17:54:01 12/09/2013 12:11 DISTURBANCE P3 196 NW 8TH AVE A45 CAD 12109/2013 12:21:33 j 07/22/2013 09:19 DISTURBANCE P3 196 NW 8TH AVE A34 CAD 07/2212013 09:48:18 05/1412012 12:05 DISTURBANCE P3 196 NW 8TH AVE A35 CAD 05114/2012 12:34:34 06/0412014 10:51 DISTURBANCE P3 196 NW 8TH AVE X35 CAD 06/04/2014 11:25:01 Report Generated: 08121/201414'31:57 1 User ID: SALLETTE EventHWory EventUstWithReportNumbers Page 1 of 5 Prime i Report# Call Time Nature Location Unit Disp. Close Time 04/2512Ql1.12:09 DISTURBANCE P3 196 NW 8TH AVE V33 CAD 04125/2011 12:41:50 0710212014 11;23 DISTURBANCE P3 196 NW 8TH AVE CAN 07102/2014 11:53:32 13015162 1111412013 13;28 DOMESTIC 196 NW 8TH AVE X35 1R 11/14/2013 14;07:45 12125121712 11:57 EXTRA PATROL '196 NW 8TH AVE A35 S79 1212512012 12:22:33 -- 4 07108/2013 17,48 EXTRA PATROL 196 NW 8TH AVE C35 S79 07/08/2013 18-.01-158 10/16/2012 10:08 EXTRA PATROL 196 NW 8TH AVE A35 S79 10/1612012 10:14:28 12/10/2012 02:32 EXTRA PATROL 196 NW 8TH AVE C45 579 12/10/2012 02:33;36 �. 01/0912012 11-22 EXTRA PATROL 196 NW 8TH AVE V33. . NR 01/09/2012 11:26:24 12/09/2012 23:13 EXTRA PATROL 196 NW 8TH AVE C35 S79 12109/2012 23:31:22 1210912012 23:45 EXTRA PATROL 196 NW 8TH AVE 045 579 12109/20/2 2350,48 08/1712012 13:42 EXTRA PATROL 196 NW 8TH AVE A45 S79 0811:1712. 01.2..13:44:07 12/09120122011 EXTRA PATROL 1�6 NW 8TH AVE C45 S79 1210912012 20:17:54 12/09/2012 19:39 EXTRA PATROL 196 NW 8TH AVE C35 S79 12/0912012 19:52:03 06/06/2011 12:33 EXTRA PATROL 196 NW 8TH AVE V33 S79 05/0612011 12:42:28 04/21/2013 16:59 EXTRA PATROL 196 NW 8TH AVE A35 CAD 04/2112013 17:20.24 06127/2012 01;02 EXTRA PATROL 196 NW 8TH AVE C35 S79 06/27/2012 01:05:10 1110812012 13:50 EXTRA PATROL 196 NW 8TH AVE A35 S79 11/08/2012 13:54:17 12114/2011 11:20 EXTRA PATROL 196 NW 8TH AVE V33 NR 12/14/2011 11:27:29 02/14/2012 03:25 EXTRA PATROL 196 NW 8TH AVE C46 CAD D2114/2012 04:01:54 05/28/2011 14:33 EXTRA PATROL 196 NW 8TH AVE V32 NR 05!2$/201.1 15:32:42 06/21/2011 12:41 EXTRA PATROL 196 NW 8TH AVE V33 NR 06/2112011 12:48:26 07/24/2014 11,56 EXTRA PATROL 196 NW 8TH AVE A35 S79 0712412014.12:08:58 05/11/2011 11:59 EXTRA PATROL 196 NW 8TH AVE V33 NR 0511112011 12:03:43 05/11/2011 12.19 EXTRA PATROL 196 NW 8TH AVE V33 NR 05/11/2011 12:24:36 0511712011 12:25 EXTRA PATROL 196 NW 8TH AVE V33 NR 05/17/2011 12:37:57 .1212812011 11:51 EXTRA PATROL, 196 NW 8TH AVE V36 NR 12/28/2911 12:49:41: 12124/201121;41 EXTRA PATROL 196 NW 8TH AVE C35 CAD 12/241201121 A9:1:1 12114/2011 11:36 EXTRA PATROL 196 NW 8TH AVE V33 NR 12/14/2011 11:37:40 10/2812013 11:26 EXTRA PATROL 196 NW 8TH AVE X35 S79. 10128/2013 1131:.11 06/21/2011 12:03 EXTRA PATROL 196 NW 8TH AVE V35 NR 0612112011 12:38:32 06/1412011 12:12 EXTRA PATROL 196 NW 8TH AVE V33 NR 0611412011 12:23:57 06/14/2011 12:09 EXTRA PATROL 196 NW 8TH AVE V35 S79 0611412011 12:28.48 05/03/2011 11:56 EXTRA PATROL 196 NW 8TH AVE V33 S79 Q5/031201112.08:37 05/03/2011 11;56 EXTRA PATROL 196 NW 8TH AVE V21 S79 05/0312011 12:08:42 .05/0312011 12:13 EXTRA PATROL 196 NW 8TH AVE V33 S79 05/03/2011 12:27:27 10102/2012 D9:44 EXTRA PATROL 196 NW 8TH AVE A35 S79 10/02/2012 09:48:29 0611712014 09:12:EXTRA PATROL 196 NW 8TH AVE Y32 S79 .0611712014 09:51:48 1012512012 09:00 EXTRA PATROL 196 NW 8TH AVE A35 S79 10/25/2012 09:01:17 0510412011 02:57 EXTRA PATROL 196 NW 8TH AVE C35 CAD 05/04/2011 03:08:31 05/03/2011 12:13 EXTRA PATROL 196 NW 8TH AVE V21 S79 05/03/2011 12:27:34 - 07/25/2011 11:51 EXTRA PATROL 196 NW 8TH AVE V33 NR 07125/201-1.12:0.3:07 07/24/2012 22:06 EXTRA PATROL 196 NW 8TH AVE C35 S79 07/24/2012 22:08:45 05/06/2014 12:08 EXTRA PATROL 196 NW 8TH AVE F67 S79 0510612014 12:14:33 0611 612014 13:29 EXTRA PATROL 196 NW 8TH AVE A36 S79 06/1612014 1130:33 Q6128/2011 12:26 EXTRA PATROL 196 NW 8TH.AVE V33 NR .06/2812011 12,30:06 Event List With Report Numbers Page 2 of 5 i Prime Report# Call Time Nature Location Unit IDisp. Close Time 05/0212011 12:00 EXTRA PATROL 196 NW 8TH AVE V33 NR 05/02/2011 12:19:59 07120/2011 18:56 EXTRA PATROL 196 NW 8TH AVE C35 CAD 07/20/2011 19:07:28 06108/2011 12:11 EXTRA PATROL .196 NW 8TH AVE V33 NR 05108/2011 12:22,103 — .0$13012012..'12:00 EXTRA PATROL 196 NW 8TH AVE A35 S79 Q8130J2012 12:04:51 1 8 1112812011 11:30 EXTRA PATROL 196 NW 8TH AVE V35 S79 1112812011 11:42:59 I, 12109!2012 17:46 EXTRA PATROL 196 NW 8TH AVE C35 S79 12109/2012 17:53:42 11/29/2011 12:13 EXTRA PATROL 196 NW 8TH AVE V35 S79 1112912011 12:20:53 10/12/2011 11:55 EXTRA PATROL 196 NW 8TH AVE A35 S79 101121201.1 11:57:25 12/25/2012 09:00 EXTRA PATROL 196 NW 8TH AVE A35 S79 12125120312 09:41:39 11/29/2011 11:34 EXTRA PATROL 196 NW 8TH AVE V35 CAD 11/29/2011 11.59:23 021071201 2 11 15 EXTRA PATROL 196 NW 8TH AVE V34 S79 02/07/2012 11:18:43 111081201/ 11:52 EXTRA PATROL 196 NW 8TH AVE . V33 S79 11/0812011 11:58:52, 11123/2011 12:01 EXTRA PATROL 196 NW 8TH AVE V33 NR 1112312011 12:08:55 11/0812011 12:11 E-XTRA PATROL 196 NW 8TH AVE V33 NR 11108/2011 12:18:49 06/08/2011 11:52 EXTRA PATROL 196 NW 8TH AVE V21 S79, 06108/2011 12:22:20 1 111 812013 08:16 FOLLOW UP 196 NW 8TH AVE A37 SUPP 11/18/2013 08:40:12 07!1812014 09:27 FOLLOW UP 196 NW 8TH AVE K40 NR. 07118/201.4 12'40:05 08/30/2012 18:55 FOLLOW UP 196 NW 8TH AVE C34 NR 08/30/2012 19:00:56 10/16/2013 11:50 FOLLOW UP 196 NW 8TH AVE A37 NR 10116/2013 12:00:31 11/1 8/2013 09:24 FOLLOW UP 196 NW 8TH AVE A37 SUPP 11/18/2013 1 0:00:47 04/19/2011 10:56 FOLLOW UP 196 NW 8TH AVE J35 SUPP 0411912011 11:07:16 11/06/2013 11:50 FOLLOW UP 196 NW 8TH AVE K48 NR 11106/2013 11:59:17 1112012013 11:11 FOLLOW UP 196 NW 8TH AVE K48 NR 11/2012013 11:42:58 14003442 0311112014 15:17 LARCENY P3 196 NW 8TH AVE G17 IR 0311112014 15:20:46 13009528, 07109/2013 09:53 LARCENY P3 1.96 NW 8TH AVE X35 IR 07109/2013 1043:15 1-1009573 04/0712011 13:44 LARCENY P3 . 196.NW 8TH AVE V32 IR 04107/2011 14. 31:49 13009349 07105/2013 16:52 LARCENY P3 196 NW 8TH AVE C44 3R 07105/2013 17:55:12 12016213... .. 12/28/2012 09:08 LEWD LASCIVIOUS 196 NW 8TH AVE N34 IR 12!28/2012 12:02:31. 11013144 05/13/2011 10:46 LOST AND FOUND 196 NW 8TH AVE W558 IR 05/13/2011 10:46:49 14000652 01/17/2014 11:33 MEDICAL 1.96 NW 8TH AVE M4 IR 01/17/2014 11:52:201 13010366 10/1612D13 09:15 MEDICAL 196 NW 8TH AVE M1 IR 10/16/201.3..09:30:32 12010632.. 11/0 5/2012 11:.57 MEl71CAL 196 NW 8TH AVE M1 IR 1 1/0512012 1 2:40:59 12009092 09/20/2012 13:39 MEDICAL 196 NW 8TH AVE E3 IR 09/20/2012 14:50:02 /40015/1 0210712014 20:52 MEDICAL 196 NW 8TH AVE .. I i. IR 0210712014 21:42:58 14002209 02/2512014 10:51 MEDICAL DICAL _ 196 NW $TH AVE SQ1 IR 0212512014 11:41:34 11.010939 1112'112011 12:14 MEDICAL. 186 NW 8TH AVE M4 1R 11121/2011 1228;12 12003117 03129/2012 11:54 MEDICAL 196 NW 8TH AVE SQ1 IR 03/2012012 .12:511:09 13000018 01101/2013 09:34 MEDICAL 196 NW 8TH AVE M1 IR 01101/2013 1024:35 13013078 12130/2013 08:40 MEDICAL 1% NW 8TH AVE SQ1 IR 12/3012013 08:53:29 11009823 10119/2011 12:33 MEDICAL 196 NW 8TH AVE M1 IR. 10119/201.1 12:49:26 11008223 08/29/2011 12:04 MEDICAL 196 NW 8TH AVE M1 IR 08/29/2011.12:23-.22 12009604 10/05/2012 12:14 MEDICAL 196 NW 8TH AVE. M1 IR 10/05/2012 13:13:10 12006251 06/2712012 12:06 MEDICAL 196 NW 8TH AVE SO1 IR 06/2712012 12:57:49 14007129 071021201412:01 !MEDICAL 196 NW 8TH AVE CAN 07/02/2014 12:02:48 13012663 12/19/2013 17:03 MEDICAL 196 NW 8TH AVE M4 IR 12/19/2013 17:13:37 Event List with Report Numbers Page 3 of 5 i I Prime I Report# Call Time Nature Location Unit Dlsp. Close Time 11005615 06110!2011 121-.24 MEDICAL 196 NW 8TH AVE M4 IR 06/1012011 137421 11005550 06/0812011 12:09 MEDICAL 196 NW 8TH AVE M1 IR 06/0812011 12:51:55 14008422 08/0712014 09:28 MEDICAL 196 NW 8TH AVE M1 IR 08/0712014 10:03:57 13009581 09123/2D13 11:47 MEDICAL . 196 NW 8TH AVE M1 IR 09/23/2013 12:34:32 13011571 ---- 11119/2013 12;49 MEDICAL 196 NW 8TH AVE,..• M1 IR 111191201313:43:38 .13009182 0911//2013 09:61 MEDICAL .196 NW 8TH AVE SQ1 IR 09111/2013 10:49:34 13008830 081301201316:09 MEDICAL 196 NW 8TH AVE M1 IR 08/3012013 16:58:27 12012140 12/18/2012 1429 MEDICAL 196 NW 8TH AVE M1 IR 121'1812012 15:47:09 11011692 12/1312011 11:53 MEDICAL 196 NW 8TH AVE M4 IR 12/1312011 12:4118 14003660 04/01/2014 09:16 MEDICAL 196 NW 8TH AVE SQ1 IR 04/01/2014 10:08:41 j 12005814 06/15/2012 07:27 MEDICAL 196 NW 8TH AVE SQ1 IR 06115/2012 08:40:43 I 14005674 05123/2014 12:58 MEDICAL 196 NW 8TH AVE M1 IR .0512312014 13:43:07 13007828 06105/2013 18:55 NARCOTICS P2 196 NW 8TH AVE Y34 IR 06/W2013 118:55:57 14004689 04/03/2014 19:37 NARCOTICS P3 196 NW 8TH AVE Y31 IR 04/0312014 19:39:46 113007887 06/06/2013 17:50 NARCOTICS P3 196 NW 8TH AVE Y34 IR 06/06/2013 17:50:42 14004743 04/94/2014 16:47 NARCOTICS P3 196 NW 8TH AVE Y31 IR 04/0412014 16:48:16 14004620 Q4/021201419:29 NARCOTICS P3 196 NW 8TH AVE Y31 IR 041021201419:30:08 E 14005789 04/25/2014 13:46 NARCOTICS P3 196 NW 8TH AVE Y31 IR 04/25/2014 13:47:03 12/2012013 14:34.NARCOTICS P3 195 NW STH AVE A77 NR 12120/2013 1434.39 13016850 12120/2013 12:13 NARCOTICS P3 196 NW 8TH AVE A77 IR 1212012013.1 2:13:41 09116/2013 10,31 NEED CRIME SCENE 196 NW 8TH AVE. DUP 0911 61201 3 1 0:32:52 02124/2012 20:07 POLICE SERVICE 196 NW 8TH AVE D28 CAD 02/2412012 20:15:35 04/26/2011 08:26 POLICE SERVICE 196 NW 8TH AVE A35 CAD 04/26/2011 08:56:32 06/2812012 09:21 POLICE SERVICE 196 NW 8TH AVE A45 CAD 06/28/2012 09:43:01 12/1812011 19:05 POLICE SERVICE 196 NW 8TH AVE C45 CAD 12/18/2011 19:36:54 08/2912013 16:56 POLICE SERVICE 196 NW 8TH AVE A46 NR 08/29/2013 17.400:49 04/21/2011 10:36 POLICE SERVICE 196 NW 8TH AVE V31 CAD 04/21/2011 11:56:09 12013852 11/05/2012 11:56 POLICE SERVICE 196 NW 8TH AVE A38 IR 1110512012 12:54:20 06/16/2011 00:18 POLICE SERVICE 196 NW 8TH AVE C35 NR 06/15120/1 00:24:57 05123/2013 08:51 POLICE SERVICE 196 NW 8TH AVE A45 CAD 05/23/2013 09:05:54 0711812013 22:55 POLICE SERVICE 196 NW 8TH AVE C45 CAD 07/1812013 23:04:57 05/1512012 11:54'POLICE SERVICE 196 NW 8TH AVE A35 CAD 05/15/2012 12:18:48 10/0712011 09:58 POLICE SERVICE 196 NW 8T1 I AVE V32 CAD 10107/2011 10:37:00 0611.612014 1'i:44:POLICE SERVICE 196 NW 8TH AVE A36 CAD .;..,0611612014 13:27:34 071-10/2014.10:03 POLICE SERVICE 196 NW 8TH AVE A35 CAD 07/10/2014 10:12:33 10/20/2013 17:54 POLICE SERVICE 196 NW 8TH AVE C36 CAD 10/20/2013 18:27,20 12109/2012 16:32 POL .. -. ,..... I.CE SERVI. .. CE 196 NW 8TH AVE CAN 121091201.2 1.6;35:18 08108/2014 10:05 POLICE SERVICE 196 NW 8TH AVE A35 CAD 08108/2014 10:40:44 09/0112011 16:06 POLICE SERVICE 196 NW 8TH AVE A35 CAD 09/0112011 16:27:55 - 03/09/2012 10:47 POLICE SERVICE 196 NW 8TH AVE A46 CAD 03/09/2012 11:22:07 01110/2014 12:15 POLICE SERVICE 196 NW 8TH AVE A46 CAD 01/1012014 12:39:4a 11/26/2012 12:00 POLIO SERVICE 196 NW 8TH AVE A32. CAD 111261201212:41:54 07/05/2013 15:36 POLICE SERVICE 196 NW 8TH AVE C44 CAI) 07/05/2013 16:14:14 01/1012013 10:33 POLICE SERVICE 196 NW 8TH AVE A35 CAD 0'111012013 11:02.10 11022841 10/3012011 18:01 POLICE SERVICE 196 NW 8TH AVE C38 IR 10/30/2011 22:08:00 Event List with Report Numbers Page 4 of 5 Prime Report# Call Time Nature Location Emit Disp. Close Time 10/28/2011 12:29 POLICE SERVICE 196 NW 8TH AVE A35 CAD 1012812011 13:37.48 04/08/2011 12:46 RECKLESS VEHICLE 196 NW 8TH AVE V32 CAD 0410812011 13:47:57 14005006 04/1912014 08:53 ROBBERY P3 196 NW 8TH AVE .X35 IR 0411 012014 1 0:24:51 _ ... 09128/201.1, 17,,,14 SUSPICIOUS 196 NW 8TH AVE V35 CAD 09/2812011 17 35:28 14007098 .0512112014 17:24 SUSPICIOUS 196 NW 8TH AVE Y32 ARR 05/21/2014 19.01;20 12003533 03/16/2012 23:56 SUSPICIOUS 196 NW 8TH AVE C35 IR 03116/2012 03:44:26 09116/2013 11'11 SUSPICIOUS 196 NW 8TH AVE K43 NR 0911612013 11:17:i37 0512012014 18:05 SUSPICIOUS 196 NW 8TH AVE C42 SUPP 05/2012014 20,135:23 12005678 0413012012 17:24 SUSPICIOUS 196 NW 8TH AVE C42 IR. 04130/2012 1$:44:02 11012692 05/0912011 10:39 SUSPICIOUS 196 NW 8TH AVE A36 ARR 05/09/2011 16:36:30 13000593 01/14/2013 12.40 SUSPICIOUS 196 NW 8TH AVE A36 IR 01 11 412 01 3 15:33:27 06/26/2014 08:58 SUSPICIOUS 196 NW 8TH AVE A34 CAD 0612612014 09:28:10 13013149 09/2712013 11:59 SUSPICIOUS 196 NW 8TH AVE A37 IR 09127/2013 12:20:49 14006308 05/0512014 11:51 SUSPICIOUS 196 NW 8TH AVE F67 IR 05105/2014 14:42:55 01/1812013 12:55 SUSPICIOUS 196 NW 8TH AVE A70 NR 01118/201317:45:00 11024104 11/28/2011 01,19 SUSPICIOUS 196 NW 8TH AVE C35 VW 11/28/2011 C1:23:33 10/07/2013 12:41 SUSPICIOUS 196 NW 8TH AVE X35 CAD 1 W0712013 12:49:02 12/1912013 17:01 SUSPICIOUS 196 NW 8TH AVE CAN 12119/2013 17:14:26 14001536 0210212014 23:13 SUSPIGIOUS 196 NW 8TH AVE C42 IR 02102/2014 23:19:44 06114/2013 01:20 SUSPICIOUS 196 NW 8TH AVE C46 CAD 06/14/2013 01:31 Al ........ . 14006035 €4/3012014 11:09 SUSPICIOUS 196 NW 8TH AVE F67 ARR 04/30/2014 14:03:12 01114/201.3 12:19 SUSPICIOUS 196 NW 8TH AVE A36 CAD 01/1412013 12:39:15 03/30/2013 02:06 SUSPICIOUS 196 NW 8TH AVE C35 VW 03/3012013 02:11:41 06/2012012 16:58 SUSPICIOUS 196 NW 8TH AVE A35 CAD 0612012012 17:25:55 I 02/03/2014 19:46 SUSPICIOUS 196 NW 8TH AVE C46 CAD 02/03/2014 20:48:39 06105/2013 12:13 TRAFFIC COMPLAINT 196 NW 8TH AVE K23 CAD 061051201312:40:59 i 04101/2014 10,10 TRAFFIC COMPLAINT 196 NW 8TH AVE A35 CAD 04/01/2014 10:34:31 i 05/24/2011 12:36 TRAFFIC STOP 196 NW 8TH AVE V33 NR 05/2412011 12:39:21 I, 0712612014 11:14 TRAFFIC STOP 196 NW 8TH.AVE A35 CIT 07/2612014 11:25:52 06/0412014 13:33 TRAFFIC STOP 196 NW 8TH AVE Y33 VW 0610412014 13:44:22 1 01/13/2014 10:39 TRESPASS P2 196 NW 8TH AVE A45 CAD W11312014 10:56:55 12002785 03101/2012 08:43 TRESPASS P2 196 NW 8TH AVE A34 IR 03/01/2012 10:06:37 02129/2012 15:55 TRESPASS P2 196 NW 8TH AVE V33 CAD 02/29/2012 16:09,36 12013177 10/19/2012 11:38 TRESPASS P2 195 NW 8TH AVE A35 IR 10119/2012 12.17.18 07/0212012 09:50 TRESPASS P2 .196 NW 8TH AVE. A35 CAD. 07/0212012 10:06:34 11018259 07/2012011 17:46 VANDALISM P3 196 NW 8TH AVE C35 IR 0712012011 18:53:45 Total Number of Events Listed: 212 i I Evenf List with Report Numbers Page 5 of 5 I From the Desk of: Reginald A. Cox., Architect, NCAR Building Code Admin.Lic.#BU1769 4 flans Examiner Lic.#PX2113 4 Architect Reg.#AR92537 4 Bldg.Inspector L.ic.#BN4414 February 11, 2015 Chevelle D. Nubin,MMC City Clerk City of Delray Beach 100 NW 1St Avenue Delray Beach,Florida 33444 RE: Appeal of SPRAB Board Action The Caring Kitchen(196 NW 8h Avenue)—Class III Site Plan Modification Meeting Date January 28, 2015 Item#III A Dear Ms.Nubin: This will serve as my formal request to schedule an appeal at the City Commission meeting scheduled for Tuesday, March 3, 2015 of the decision made by the Site Plan Review and appearance Board on January 28, 2015 regarding the approval of the class III site plan modification. My appeal is based on the following: -- Home Owner Association presidents from Paradise Heights and West Side Heights neighborhoods received notification of the meeting 2 days prior to meeting. - The parking requirement methodology incorporated fabricated data. The community requested that the SPRAB Board table the item to allow for realistic data. The SPRAB Board did not discuss this fatal data error in their deliberations. The community would like for the Commission to hear what the true numbers are based on factual field research. - The changes do not comply with LDR Section 2.4.5(G) (5) - The proposed modifications do not fulfill the intent of the Future Land Use Element regarding fulfilling remaining land use needs.. - The Police Department has raised several concerns and states that the addition of a shower and laundry to this kitchen facility will increase medical and theft call and disturbances to the neighborhood. -- The proposed changes do not meet the intent of Housing Policy A-11.3. The proposal as existing has a negative impact on the adjacent neighborhoods and an addition would only jeopardize the stability of the neighborhood. In conclusion, it is the will of the adjacent neighborhood associations and the NW community at large to have this project denied, and the community encourages the applicant to find an alternative location for expansion. Sincerely, Reginald A. Cox,RA,PX, SI, MBA 301 West Atlantic Ave. Suite 05,Delray Beach,FL 33444—P. 561573-1131 F, 561- 819-5143 rcox@regiiialdacox.com MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: January 28, 2015 MEETING PLACE: City Commission Chambers MEMBERS PRESENT: Roger Cope, James Chard, Jim Knight, Alice Finst, Andrews Youngross, and Jose Aguila MEMBERS ABSENT: Terra Spero STAFF PRESENT: Scott Pape, Michael Dutko, Candi Jefferson, Jasmin Allen and Diane Miller I. CALL TO ORDER The meeting was called to order by Chairman Jose Aguila at 6:OOPM. Upon roll call it was determined that a quorum was present. Chairman Jose Aguila read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. MINUTES FOR CARING KITCHEN CARING KITCHEN 196 NW 8th Avenue Dana Little, Director of Planning and Zoning presented the item through a review of the staff report. Applicants Presentation Gary Eliopoulos - GE Architecture, Inc. - 205 George Bush -We thank staff for working with us over the last several months. In regards to what Dana Little mentioned in his presentation, it is all about how this facility will be used. The first thing that was talked about with the police department is that the building has a rear door, so everyone could come and go as they pleased and take showers. From the legal stand point and who owns this building, it is the City that owns it and it does not comply with ADA. We got the phone call and they wanted bathrooms that comply with ADA. The showers are a separate thing, but why do they want a washer and dryer. In a perfect world we would 1 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) not need this facility, but we do need to service a lot of these people and there are a lot of people that want to turn their backs on this facility and people. From an architect perspective, a limited addition and matching things on the building, but you do need to hear from Caring Kitchen,who actually runs this facility. April Hazamy - Program Director for the Caring Kitchen and we are an outreach of CROS Ministries. I feel that staff has addressed all the issue very well and why we want this washer and dryer and the showers. The showers will be offered ONLY on the nights that we do not serve dinner, which is Tuesday and Friday. We will be setting a schedule for showers and have people make appointments and only servicing people that are already utilizing the facility and not bring in people into the neighborhood. The only people on property would be the volunteer, staff and the person that is receiving service. All this is to provide a service to the people that are living on our streets retain their dignity and to prepare them for hopefully employment to better their futures. Public Comments t. X_ Reginald Cox- 715 NW 2nd Street You are going to hear from the closest residence to this project and the HOA. This facility has outgrown the neighborhood as far as the traffic and the uses that it brings. This is a good cause and we do thank you for that but it is just not healthy for the surrounding residences. This is based on the amount of traffic that it brings in there, based on the amount of transient it brings in, the garbage that is left down the street as they leave, the way the parking has been obtained as far as the numbers are concerned. There is no back up to substantiate these numbers. I live less than 100 ft. from this property and from my visual observations over the last 10 years, those numbers are not correct. Even in the letter from the Caring Kitchen to staff with how they are going to use the facility, it resembles a take-out service. With the number of people in and out, the staff and volunteers, there needs to be a more appropriate parking count. There are several areas in the staff report that does not comply. For example LDR 2.4.5 (G) 5, it states that the performance changes do not significantly affect the original point that it does. The shower use, I asked at a CRA meeting is there any other facility in Delray that has a community kitchen with a shower, and the answer was no. As far as LDR 3.1.1.8, future land use map, I don't think that a positive finding can be made as far as that is concern. Regarding the parking, which is on a different parcel, is there an exclusive rights for them to park there? The community needs more time to realistically position on the parking count. Does not meet the housing policy as it impacts the safety of the community. Pamela Williams - President of the Paradise Heights HOA - NW 61h Avenue and NW 81h Avenue - My association is directly affected by this and I do not support the recommendation of installing the showers. I have many concerns with the safety and security and the police department has concerns with the installation of the showers and laundry that will be used and the increase of medical calls as well as theft calls. There are a lot of homeless that use the Caring Kitchen as their home address. By adding these amenities it will cause a more home like feeling and have more people to use this site as 2 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) their home address. I would like this project to be tabled so that the community can re- evaluate the issues. Ernestine Holliday - President of Westside Heights HOA - This facility is in my homeowners association and my problem is the safety of the facility. If you ride through the area at lunch time you will see what a traffic hazard this is and people complaining about sleeping behind the dumpster. A lot of people have little children and they are very uncomfortable with so many people walking around. Joyce Patrick - 211 NW 151h Avenue - I represent the homeowners association in the surrounding area of the Caring Kitchen. The building is in dire need of renovations, but too much focus has been given to the interior when it is the exterior that the neighbors have to deal with. We need landscaping to spruce up the building and I have observed on many occasions recipients of the building walking down the street eating out of their plates. What are needed are some picnic tables where they can sit down and enjoy their meals, because when they are done eating, that is where they will flip their plates and land in someone's yard. We would like to get together with the Caring Kitchen and have a sit down with the homeowners at Pompey Park. Jared Jenkins - 104 NW 9th Avenue -Westside Heights - I am a restaurant manager in downtown Delray Beach and my family has owned property here for many years. I drive through the area sometime late at night and see what is going on. There is no denying that the Caring Kitchen does a great job, but being a property owner the exterior does need some attention including security cameras. Melanie Winter- 255 NE 3rd Avenue - I am a volunteer at the Caring Kitchen for over a year and I am their Wednesday driver. I go pick up food that they use to feed the people that use the Caring Kitchen. I agree in what I have heard in regards to what the Caring Kitchen needs and the list is endless. Mike Dutko -Assistant Attorney- (Stated a legal comment) I want to bring to the board's attention that this board is not an arbiter of uses. This use is determined a lawful us on this property. The proposal before the board is strictly the 165 sq. ft. building. Conversations on whether we like the use or not are not for this board to decide. This board is not a policy board. It is a lawful use; it has been determined to be a lawful use within that zoning district. This is not appropriate consideration while looking at this actual project. Rebuttal - April Hazamy - Program Director for the Caring Kitchen - We agree with what Melanie Winter was saying, and we agree that we need improvements, and we have asked for picnic tables so these people can be comfortable to eat. The homeowners have said that this is inappropriate and they need to come and go and be out of the neighborhood. 3 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) Board Discussion Jim Knight- I understand the concerns and we are put in a tough spot and I can certainly understand. There are some medical uses that are surrounding my neighborhood that I live in and I don't like it, don't care for it, but we are stuck with what is proposed here. I would encourage the City to look into facilities in an industrial area where there is not as much single family residence. If they meet the parking codes and all the other codes I think we should look into this. If HOA are ok with the benches, I think these people are given food, given the opportunity to clean up, and then they need to eat and then put their stuff in a garbage can. If they don't they should not be allowed back. Why keep feeding them if they are going to throw their trash and ruin people's property. If someone is given a helping hand then they need to show some respect. Andrew Youngross - On the surface of this proposal, what they are trying to do is very simple. For staff, typically with a Class III site plan, don't we usually have a landscape plan? Jose Aguila - I too was wondering about that. Let's ask the Director of Planning and Zoning if they could elaborate on why we are not requiring a landscape plan. Dana Little- Dir. of Planning and Zoning- Iam going to ask for a little assistant on this. Jasmin Allen - Planner - The landscape was not required at this time because the parking lot was not being modified. With that said, the item was discussed at CRA meeting, and discussed at a previous meeting CRA, and that board has stated on the record that they will work with the City and Caring Kitchen to provide to upgrade the landscaping. At this time the property is owned by the City. Staff is preparing a landscape plan and it will be presented to the CRA with a cost analysis and they will go from there. Jose Aguila - So, because this is a City owned property, probably CF, and the application is mostly for interior renovation, the LDR do not require the need to improve the landscaping. Andrew Youngross - We get back to the site plan and I hear what the City is saying, something needs to be done, like tables for dining. Roger Cope - Iam looking at the architecture and suggest that they raise the parapet of the addition and try not to tie them together. Gary Eliopoulos - GE Architecture, Inc. - 205 George Bush - I will take your direction but cost is always an issue. Take into consideration if you were renting a building, what would you spend for renovations. Roger Cope - Looking at this project, this is a perfect example of how we should be offering landscaping from properties that are destroyed and relocating the trees. 4 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) Alice Finst- This is the first time that I have seen a police report in a staff report and it is about 45 calls a year. I think the benches are a good idea, but I see their point that this would encourage them to sit there all day long. I did go inside and it is very gloomy and dark but painting it inside white is going to fix anything. Maybe look at some creative colors, but to pass along some information that Waste Management has free paint and it could be picked up for this project. I have talked to some locals and hearing the stories, I am surprise that the City has let this gone on for so long. It's affecting the neighborhood and the people inside. Jim Chard - I would like to expand on what Roger was saying, and one thing we have been talking about actively is that there are a lot of trees and plantings that are lost in the development process. I certainly understand what the attorney was saying as we are not here to judge use or zoning, but I am concern about the notification process. I know it is hard to talk to all the homeowners, association and some are inactive. Trying to get community input is hard but I would be interested to see after notification how much time did they have to respond and communicate with people. Jose Aguila - I drive by this building at least 4 times a week and it makes me wonder what is going on and how much of a problem child this is. I see people coming and going all the time and I am thankful that there are places like this. But, we are here tonight to support the modification and additions of bathrooms and showers which I support. Saying that, it is significant to me that the City owns the property. I think the City needs to lead by example and if this is their property, they need to be taking better care of it. And I think that the Caring Kitchen work very hard for every dime that they get and they should not be putting it into the landscaping, they should be putting it into their program to directly help those that are affected. I think even though they are tenants they have responsibility as well. They know that they have an impact on the residence and the community. And what has been said tonight is not new,you all know that the people that come and eat your food make a mess and leave a trail from your place to where they go. I would ask you to be more considerate of your neighbors and the impact that your service has on them and find a way for everyone to work together. Maybe I will give you food, and then you walk 2 blocks and pick up the trash. Maybe they can earn their meal. They are going through tough times, but walking a block or two and picking up trash would be an easy thing to ask for. So please listen to those that have voiced their opinion and concerns, put yourself in their shoes and see if you can tackle this problem. Alice Finst - The problem with the bike racks, I think they should put a couple in the front of the building. Jose Aguila- These folks, they need to keep their eye on their stuff and if you put it in the back of the building, they go back to get it and it is gone. In regard to numbers, there is nothing in the LDR that compel how many bike racks there should be except to provide them. Maybe we make a condition of where they will put them. 5 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) Also, an offer was made to ask you folks to meet with various representative of the community. I know for instance Joyce Patrick; she could get the group together. This is to make you aware of just how the community feels. Motion was made by Andrew Youngross and seconded by Roger Cope for the approval of the request for a Class III Site Plan Modification for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(G), and Article 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing the conditions of approval and engineering technical items contained in the staff report; 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one per employee/volunteer on the largest shift, and that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or camera security device is provided surrounding the site, or at a minimum one camera installed per direction. 5. That staff works out the location of the bike rack on the site plan. MOTION CARRIED 6-0 wu Motion was made by Andrew Youngross and seconded by Jim Knight for the approval of the request for Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E) subject to the following condition: 1. That the entire building is re-painted white upon completion of the building addition. 2. That the architect investigates the addition to the existing building by an architectural element at that joint. MOTION CARRIED 6-0 6 EITY OF DELRAY BEREH DELRAY SEAC" 100 N.W. ist AVENUE o DCLRAY BEACH, FLORIDA 334,14 e 5011243-7000 AI I-Ameltca City I MEMORANDUM 1993 2001 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: April 15, 2015 SUBJECT: Caring Kitchen Pursuant to Commission directions the following is a report on Caring Kitchen, located at 196 NW 8'1' Avenue. I have visited the site on three occasions, twice for exterior examination and once for interior inspection. Site visits took place early in a.m. and prior to midday. Site was clean and relatively litter flee, there were a number of patrons waiting to be served outside the building or standing in line. Parking lot was full and a number of vehicles were parked in grass areas on site. Exterior and interior are in need of refurbishment and minor repairs, building both outside and inside appears to be run down due to heavy use. Landscaping is insufficient to provide screening and is in poor condition. Essentially the facility is heavily used and appears to have outgrown the facility with negative impacts on neighborhood. According to Ms. Hazamy they are serving approximately 200+ meals per setting with about a third of those being delivered to separate locations (150+meals being served at site). As a result during certain periods of the day there are a number of people in and around the building in small groups. The bathrooms are not handicap accessible and in less than desirable condition due to age and use. Attached please find a listing fiom the Police Department of calls for service at the site for the past year. Per code enforcement there are no outstanding code violations. The City of Delray Beach agreed to allow use as a food pantry in 1996 (see agenda item 9E from 6/4/96) the sublease was renewed in 2006 for an additional 10 years with a one ten year extension (see attached Restated Lease Agreement between ALP 188 & City of Delray Beach section 11.08 page 12 and Lease Amendment Agreement dated 12/5/2006). SERVICE ° PERFORMANCE " INTEGRITY ° RE5PONSIBLE - INNOVATIVE ° TEAMWOPK i RE: Caring Kitchen Page 2 of 3 In response to Commissioner Jarjura's five specific questions: 1. What are the criteria for a Site Plan Level III modification? Governed by Section 3.1.1 of LDR's. Listed in staff report of 2118115 (included in agenda materials). 2. Are there code violations on the property? There no active code violations. 3. When property owner wants to modify an existing site plan and expand current use, does it need to bring the rest of the property up to code (i.e. if the landscaping was not to code): LDR Section 4.6.16(b) 3 & 4 are applicable code sections: Section 3 requires the portion of the site modified must comply with development requirements, Section 4 requires that there must be a 25% increase the gross floor area to require upgrading to present landscape standards to the site. Staff has determined landscaping upgrades are not required as the proposed increase is 5.39%. However, it is my understanding that Caring Kitchen hopes to upgrade landscaping with assistance from CRA. 4. The City owns the property but Caring Kitchen subleases — who is the responsible entity for the conditions of the property (seems to be confusion on this based upon SPRAB minutes): The leasee and sublease are required to maintain the building. City did repairs to the building 8 years ago. 5. Am I permitted to impose conditions on the entire site that are not directly related to actual addition but rather to the site overall if additional is an expansion of the use (i.e. landscaping,fence conditions, parking on swales, litter): Conditions can be imposed pursuant to LDR Section 2.4.4 (C), the granting body may impose conditions it deems necessary in order to sure the following: A. Compatibility of the use with nearby existing and proposed uses. B. Concurrency C. Consistency with objectives and policies of the Comprehensive Plan D. Fulfillment of regulations which should or could previously fulfilled prior to present request due to conditions beyond the control of the applicant E. Fulfillment of requirements of the regulations outstanding scheduled for completion at a later date. RE: Caring Kitchen Page 2 of 3 Parking on swales, litter, and fence condition are code violations and can be cited whenever they exist. Landscaping modifications have been addressed previously but it should be noted that any landscape improvement should be cognizant of security issues as well as appearance. Conclusion/Recommendation: The site is over utilized due to the number of patrons with corresponding negative impacts in the neighborhood resulting in the present use being incompatible. However, there is a need for the services being provided to the neighborhood and other areas of Delray Beach. These proposed improvements will improve the building overall and meet ADA requirements. Upgrades to the building are needed to improve its appearance and functions and lessen impacts to neighborhood but ultimate solution would be to move to a more suitable location. Upon completion of facilities study the City should determine whether or not to seek relocation of this facility. The conditions imposed by SPRAB will improve the situation but not the fundamental problem. Closure in the absence of a replacement facility does not appear to be a viable option at this time. That being said I would recommend that the City begin the process in conjunction with CROS of finding an alternative location. DC/sy cc: Francine Ramaglia, Assistant City Manager Michael Coleman, Interim Director, Community Improvement Noel Pfeffer, City Attorney April Hazamy, Caring Kitchen Program Director & Client Advocate Message Page 1 of I Community Food Pantry From; Shutt, Brian (Shutt@ ol.deiray-beach.fl.usl Sent: Tuesday, December 05,2005 8:45 AM To: Community Food Pantry Co.. Ruby, Susan Subject: RE: Caring Kitchen lease re-newal with American Legion Juanita,the agreement locks ok. Thanks. Brian Shutt From. Community Food Pantry[mailto:communityfoodpan @bellsouth.net] Sent:Tuesday, November 28,2006 1023 AM To: Ruby, Susan; Shutt, Brian Subject: Caring Kitchen lease re-newal with American Legion I thought it would be best for us to run the lease renewal by you before we sign. Let me know if it is okay with the City. Thankst Juanita Bryant, South County Coordinator Caring Kitchen/Community Food Pantry CROS Ministries www.crosministries.org *** eSafe scanned this email for malicious content *** *** IMPORTANT, Do not open attachments from unrecognized senders *** .... ..... ..... 12/5/2006 1 LEASE AMENDMENT AGREEMENT THiS AGREEMENT, made this -" ''day of "�eC..__, 2006, between American Legion Post 188 . ("Sublessor") and Christians Reaching Out to Society, Inc., a Florida nonprofit corporation ("Sublessee"). WITNESSETH: WHEREAS, Sublessor and Sublessee are parties to a lease agreement (which lease agreement, together with all modifications and extensions thereof, Is hereinafter referred to as the "Lease"), for a building located at Boo N.W. 2„d Street Delray Beach FL 33444 (the "Demised Premises") WHEREAS, said Lease expired the 31 st day of August,2006; and, WHEREAS, both parties hereto desire to extend the lease for a period of Ten (10) years with a single Ten (10) year option to renew. NOW, THEREFORE, in consideration of the mutual covenants and promises exchanged herein and other good and vaivable consideration, the adequacy of which is hereby acknowledged, Sublessor and Sublessee agree to amend the Lease as follows, effective an the execution of this Amendment. This Lease Amendment Agreement shall be upon the same terms, covenants and conditions provided in the Lease, except as the same are hereby modified and supplemented. Wherever there is any conflict between this Lease Amendment Agreement (hereinafter referred to as this "Agreement") and the Lease, the provisions of this Agreement are paramount and the Lease shall be construed accordingly: 1) Permitted hours of operation shall be amended to include: 7am-2pm Monday through Friday and Monday, Wednesday and Thursday, 2pm — 6pm. Additional hours of operation are permitted with the consent of both parties. 2) Repairs and improvements shall be amended to include Sublessee's maintenance of the landscaping Including, but not limited to, trimming, mowing and planting without consent of Sublessor. IN WITNESS WHEREOF, Sublessor and Sublessee, by their respective officers and/or authorized reprosuntatives, have caused this Agreement to be signed in quadruplicate as of the day and year first above written. Sublessor: Witnesse . Sublessor: Signatur American Legion Bost 188 Printed Name: tt { By � rT ' ,......Name:1-��i��I � a�u 6.". . . Si g natur . ' Printed Na �- � Sublessee: Witnesses: Sublessee: Signature: t'L Christians Reaching Out To Society,Inc. Printed Name: it, W A'G F—J-.1A key: Signature: )) --) All Printed Name; ' l f 1 Cooper, Donald From: Goldman, Jeffrey Sent: Thursday, April 02, 2015 4:22 PM To: Cooper, Donald Subject: RE Caring kitchen See below, let me know if you need anything else. Jeff Calls for Service at the Caring Kitchen 04101/14-03131!15: 2 Assaults 2 Alarms 1 Burglary 5 Disturbances 2 Larcenies 4 Narcotics Complaints 1 Robbery 9 Suspicious Incidents 12 Extra Patrols - Proactive 7 Walk and Talks— Proactive Jeffrey S. Goldman Chief of Police 300 W. Atlantic Ave Delray Beach, Fl 33444 Email: ctoldman�mydelraybeach.com Web: www.mydelraybeach.com or Delray Beach_Police 2415` Session LZA.D. the Way! Learning, Excellence, Accountability and Diversity UMA �7U PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees,or the general public regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be subject to public disclosure. 1 From: Cooper, Donald Sent:Thursday,April U2, 2O151:43PK4 To. Goldman,Jeffrey Subject: Caring kitchen Can you provide me with the number of criminal complaints or incidents that have occurred in the last year. 2 Cooper, Donald From: Coleman, Michael Sent: Friday, April 10, 2015 9:44 AM To: Cooper, Donald Subject: Fwd: Caring Kitchen exterior inspection Sent from my !Phone Begin forwarded message: From: "Grant, Ricardo" <GrantR m delra beach.com> Date:April 10, 2015 at 9:07:25 AM EDT To: "Coleman, Michael" <coleman m delra beach.com> Cc: "Berg, Al" <berg @mydelraybeach.com> Subject: Caring Kitchen exterior inspection Mike, The Caring Kitchen is a City owned property in need of minor repairs such as exterior painting, minor landscaping, continuous trash and litter which is cleaned after each meal served, and of course loitering of the patrons being served.There were some mops and buckets out front that should be stored inside. The dumpster area was neat and clean. The City did repairs 8 years ago on the Roof, windows, painting, and plumbing.Also a new parking area was installed with some landscaping. Rick Grant Community Improvement Code Enforcement Supervisor 561/243-723Z rantr c m delra beach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. i E i j, Cooper, Donald From: McDonnell, Mark Sent: Tuesday, March 31, 2015 4:51 PM To: Allen, Jasmin Cc: Ramaglia, Francine; Cooper, Donald; McDonnell, Mark Subject: RE: The Caring Kitchen- code Violations Inquiry Importance: High Thank you,Jasmin. Mark McDonnell, AICP Assistant Director, Planning and Zoning Dept. City of Delray Beach 100 NW 1 st Avenue Delray Beach FL 33444 P* 561-243-7046 F* 561-243-7221 E* mcdonnell0mydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from Vocal officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Allen, Jasmin Sent: Tuesday, March 31, 2015 4:50 PM To: McDonnell, Mark Cc: Ramaglia, Francine Subject: The Caring Kitchen- code Violations Inquiry Mark, The Code Enforcement Division has no violations for The Caring Kitchen, Jo 7luin •Nlly-n, Planng-r City of flvlray N-meb 100 NW 16t -1nnuQ, Wray each, ft 33444, (561)24.3-70*q PUBLIC RECCRDS NOTE:Florida has a very broad public records law.Most written communications to or front local officials,employees,or the general public regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be srtbject to public disclosure. 1 CE.204161 City of Delray Beach Florida 4/10/15 Related Cases & Inspection Selection 10:35: 09 E Prope.rty� address, ID . . . 196 NW 8TH AVE Property) Control Number 12 43 46 17 26 002 0230 Alternate ID . . . . . Type options, press Enter. I=View case summary 5=View case detail Opt Number Status Date Insp Description 15 00064329 IN COMPLIANC 3110115 TLM TRASH PICK-UP CHARGED TO CUST 12 0 0 03 03 68 IN COMPLIANC 6/2 6/12 TLM TRASH PICK-UP CHARGED TO CUST _ _ 11 00020337 IN COMPLIANC 9/13/.1.1 TLM 'RASH PICK-UP CHARGED TO GUST _ 11 00012702 IN (-OMPLIANC 2108111 TLM TRASH PICK-UP CHARGED TO CUST _ 09 00107799 IN COMPLIANC 11103109 TLM TRASH PICK-UP CHARGED TO CUST _ 08 00093313 IN COMPLIANC 10 128108 TLM TRASH PICK-UP CHARGED TO CUST 08 00085607 IN COMPLIANC 5128108 TLM TRASH PICK-UP CHARGED TO CUST 07 00063506 IN COMPLIANC 1123107 TLM TRASH PICK-UP CHARGED TO CUST 07 00062378 IN COMPLIANC 1 109107 TLM TRASH PICK--UP CHARGED TO CUST 04 00029255 IN COMPLIANC 2/17/04 TLM TRASH PICK-UP CHARGED TO CUST More. . . F3=Exit F9=Display open F10=Cases only FI1=View 2 F12=Cancel =2041`01 City of Delray Beach Florida 4/10/15 Related Cases & .inspection Selection 10:35: 09 Property address, ID 196 NW 8TH AVE Property Control Number 12 43 46 17 26 002 0230 Alternate ID . . . . . . . Type options, press Enter, 1=View case summary 5=View case detail apt Number Status Date Insp Description 00 00066872 IN COMPLIANC 3122100 PN TRASH PTCK-UP CHARGED TO CUST _ 00 00065842 IN COMPLIANC 3101100 IB BROWNING-FERRXS COMPLAINTS 97 00040624 IN COMPLIANC 9 118197 PN NUISANCE ABATEMENT CODE CASE 91 00002167 IN COMPLIANC 11108191 EG NUISANCE ABATEMENT CODE CASE Bottom F3=Ex.it F9=Display open F10=Cages only Fll=View 2 F12=Cancel I RESTATED LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND AMERICAN LEGION POST 188 TABLE OF CONTENTS PAGE ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises 4 1.02 Parking 4 1.03 Length of Term and Commencement Data 4 ARTICLE II RENT 2.01 Annual Rent 5 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use 5 3.02 Conduct 5 3.03 Alterations by Lessee 5 3.04 Hazardous Substances 5 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee 6 4.02 Lessor's Right to Inspect and.Repair 7 ARTICLE V UTILITIES AND SERVICES 5.01 Responsibilities of Lessor and Lessee 7 ARTICLE Vi INSURANCE 6.01 Insurance by Lessee and Lessor S 6.02 Personal Property S 6.03 Indemnification S ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War or Act of God 9 2 TABLE OF CONTENTS PAGE ARTICLE VIII TERMINATION 8.01 Termination by Either Party 9 ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant 9 ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises 10 10.02 Holdover 10 ARTICLE XI MISCELLANEOUS 11.01 Notices and Consents 10 11.02 Severability 10 11.03 No Recording 11 11.04 Venue 11 11.05 Captions 11 11.06 No Representations - Entire Agreement 11 11.07 Time of the Essence 11 11.08 No Assignment or Subletting or 11 Licensing of Premises 11.09 Radon 12 11.10 Benefit and Binding Effect 12 Exhibit "A" Collectively referred to as the Premises 3 RESTATED LEASE AGREEMENT THIS RESTATED LEASE is made this day of , 2004, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as the "Lessor", and AMERICAN LEGION POST 188, hereinafter referred to as "Lessee". WITNESSETH ; WHEREAS, Lessor desires to lease the premises depicted.in Exhibit A to be used solely and exclusively for a meeting hall and attendant activities. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this Lease is made upon the agreements, terms, covenants and conditions hereinafter set forth. ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises . In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lessor demises and leases to the Lessee, and Lessee rents from Lessor, land as further described in Exhibit A, attached hereto and by reference made a part hereof, .referred to as the "Premises". Lessor hereby grants Lessee a non-exclusive easement across the property for ingress and egress to the Premises during the term of this Lease. 1.02 Parking Parking shall be located on the Premises. 1.03 Length of Term and Commencement Date The Term of this Lease shall be for a period of sixty-four (6 4) years commencing from October 1, 1982 (the original "Commencement Date") and expiring on the 30th day of September, 2046. This Lease may be renewed for a twenty-five (25) year period upon the consent of both parties. Upon the expiration or termination of this Lease, Lessee shall have the option to remove the building or any personal property from the property. 4 This Lease shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this Lease after any applicable grace period. ARTICLE III RENT 2.01 Annual Rent The Rent payable annually in advance by Lessee for the Term of this Lease for the use and occupancy of the Premises is One ($1.00 Dollar per annum. Lessee is a tax exempt entity as evidenced by tax exemption No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lessee, unless required by law. If so required, the Lessee shall pay for such taxes for prior or future years, all as may be required by law. Payment of Rent will be mailed to Lessor as stated in Section 12.01 of this Lease, ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use Lessee shall use and occupy the Premises for the purpose of a meeting hall and attendant uses, and for no other purpose or use whatsoever, without the prior written consent of the Lessor. 3.02 Conduct Lessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Lessee acknowledges that its employees and the Premises shall throughout the Term of this Lease be in full compliance with all Federal, State, County and local statutes, laws, rules and regulations including without limitation, Sections 402.301 to 402.319 inclusive, Florida Statutes, if applicable to Lessee and rules and regulations promulgated thereunder as may be amended from time to time and shall be properly licensed by all applicable authorities as may be required for the lawful operation of the Premises as a. meeting hall. 3.03 Alterations by Lessee Lessee agrees to perform, at its own cost and expense, all work necessary to fully equip and maintain the Premises for Lessee's permitted use of the Premises as specified in Section 3.01 of the Lease. 5 Any installation, alteration, addition, improvement or other physical change ("Alteration") requiring a building permit in or about the Premises by the Lessee shall require the prior written consent of Lessor whose consent shall not be unreasonably withheld. Lessee shall submit plans for Lessor's approval of all such alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the term of this Lease. In the event a construction lien is filed against the premises, Lessee shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part I. Lessee, within thirty (30) days after notice from the lessor, shall discharge, or shall have mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been furnished to the. Premises on the Lessee's behalf and to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by the Lessor as a result of any such construction lien. All buildings, alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable furniture and fixtures put in at the expense of Lessee and removable without defacing or injuring the Building or the Premises), shall become the property of Lessor at the termination of the Lease Term. 3.04 Hazardous Substances Lessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, material or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Lessee shall immediately report such occurrence to Lessor, indicating what is being stored or disposed of, and what actions Lessee is undertaking to remove said hazardous substances or petroleum products. Lessee agrees to indemnify, defend and save harmless the Lessor from and against any claim, damage or loss incurred by Lessor as a result of the storage, disposal, exposure or transportation of the aforementioned hazardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee (a) Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition. Lessee's responsibility includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof drains, outside walls, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the 6 Premises and located in the Premises. Throughout the term of this Lease, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and replacement if necessary, of the HVAC systems of the Premises. Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both interior and exterior) and any additional buildings both interior and exterior constructed on the Premises. The exterior building color shall be approved in advance by the Lessor. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary all outdoor lighting and outdoor paved areas on the Premises, including, but not limited to, parking lots on the Premises. Lessee shall be responsible for repair and replacement of fencing, if applicable, and for the maintenance of the landscaping. (b) Lessor shall maintain the irrigation system located on the Premises. (c) All maintenance/repair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. 4.02 Lessor's Right to Inspect and Repair The Lessor or the Lessor's agents shall have the right upon reasonable prior notice to the Lessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises or the Building, which are Lessor's responsibility hereunder or which Lessor has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessor in a manner calculated to minimize interference with or disruption of Lessee's operations within the Premises. ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Lessor and Lessee Lessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Lessee's use of the building and parking areas located on the Premises. Lessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the building and parking areas located in or on the Premises, including the cost of outside lighting of the Premises, by contracting directly with the utility company 7 furnishing such utilities to the Premises. The Lessee shall remove its refuse and rubbish from the Premises to any area on the Property to be designated by Lessor and from which it will be removed at the expense of Lessee. Lessee shall be responsible for all garbage and trash removal fees and charges including but not limited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The Lessee `at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly cleaned. ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor Lessee shall maintain in full force and effect for the entire term of this Lease, comprehensive liability insurance in the amount of $500,000.00 for bodily injury and property damage combined, each occurrence, which said insurance shall specifically name Lessor as an additional insured under the policy, and that 30 days written notice shall be provided to Lessor upon any cancellation or modification of the insurance policy. 6.02 Personals Property All of Lessee's personal property placed or moved in or on the Premises shall be at the risk of the Lessee or owner thereof. Except as otherwise provided herein, Lessor shall not be liable for any damage to said personal property, except to the extent caused by the Lessor, its agents' or its employees' willful or negligent acts or omissions. 6.03 Indemnification Lessee shall indemnify and save harmless the Lessor, its officers, agents and employees, its officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease or any renewal thereof, for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Lessee, its agents, employees, licensees and invitees and the general public and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabil- ities incurred in and about the defense of any such claim. Said indemnification by Lessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the sole negligence or willful misconduct of the Lessor, its officers, employees or agents, its officers, employees or agents. In the 8 event that the Lessor is made a party to any litigation commenced against the Lessee or by the Lessee against any party, then Lessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lessor in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessor. ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War, or Act of God In the event the Premises shall be destroyed or so damaged or injured by fire, flood or other casualty during the term of this Lease or any extension thereof, whereby the same shall be rendered untenable, in whole or in part then the Lessee at its sole option may terminate the lease or may commence and complete replacement or restoration thereof within five years of the aforementioned event. In the event of any such casualty and if Lessee fails to complete restoration or replacement within the five year period, the Lessor may, in its sole discretion grant an extension of time or terminate the Lease, and Lessor may complete the restoration or replacement or demolish the improvements and properly dispose of the demolished materials and Lessee shall reimburse the Lessor for all costs and expenses in doing so. In the event Lessee or Lessor elects to terminate this Lease, instead of replacing or restoring the premises, both parties shall be relieved of all further obligations hereunder, except as provided herein. The cancellation herein mentioned shall be evidenced in writing. ARTICLE VIII TERMINATION 8.01 Termination by Either Party Either party may cancel this Lease at any time and for any reason, upon One Hundred Eighty (180) days written notice provided by hand delivery, mail or fax. ARTICLE IX QUIET.ENJOYMENT 9.01 Lessor's Covenant Upon payment by the Lessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption, subject to the terms of this Lease. 9 1 ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises Upon expiration of the term, the Lessee shall, subject to the provisions of Section 3,03 of this Lease, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessor in good repair and condition, excepting reasonable wear and tear arising from Lessee's permitted use of the Premises. 10.02 Holdover Any holdover by Lessee, with or without the consent of Lessor, at the expiration of this Lease, shall create a new tenancy from month-to-month between Lessor and Lessee which shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or extension of this Lease. ARTICLE X1 MISCELLANEOUS 11.01 Notices and Consents Any consents, approvals and permissions by the Lessor shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given.if mailed, faxed or hand delivered to: (a) if to the Lessor at: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 (b) if to the Lessee at; Eligah Morris, Commander 426 S.W. 4'Ave. Delray Beach, FL 33444 Or at such other addresses as the Lessor or the Lessee, respectively, may designate in writing. 11.02 Severability If any term of this Lease or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not.be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law. 10 11.03 No Recording Lessor and Lessee agree that a Notice of Leasehold interest, in form agreeable to each party, shall be recorded in the public records to set forth the term of the Lease, identification of the parties, and notice that the Lessor's interest in the Premises is not subject to any lien 11.04 Venue This Lease shall be governed by and interpreted according to the laws of the State of Florida. To the extent allowed by law, the venue for any action arising out of or from this Lease shall be in Palm Beach County, Florida. 11.05 Captions The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. 11.06 No Representations - Entire Agreement This Lease constitutes all agreements, conditions and understanding between Lessor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. 11.07 Time of the Essence -Time is of the essence with respect to each provision of this Lease which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. EST of the next business day. 11.08 No Assignment or Subletting or Licensing of Premises Lessee shall not assign nor sublet or License the Premises without the prior written consent of the Lessor, which consent may be granted or withheld in the Lessor's sole discretion, unless such assignment is to any successor of the named Lessee which shall use the premises for the same permitted use, in which case Lessor shall not unreasonably withhold its consent. All sublesses's must abide by all of the terms of this Lease and any sublease shall include all of the terms of this Lease. 11 Lessor acknowledges that Lessee has currently subleased the Premises to Christians Reaching Out to Society, Inc., a non-profit corporation and Lessor hereby consents to such sublease for the duration of such sublease or any renewal periods. 11.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the public health unit. 11.10 Benefit and Binding Effect This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this 4 4se as of the date set forth below. -°� ATTEST:' LESSOR: GITY ELRAY C f :B 1`' By: . ity.Clecic Jeff Perlman, Mayor `Appi 'u- s`to form and legal Ake A-'',City Attorney LESSEE: WITNESSES: AMERICAN LEGION POST 188 By: 1,�I 1 7 n o Eligah Morris, Commander (print or type name) BY Theodore abinson, Secretary G (print or type name) 12 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of an approval of a Class III Site Plan Modification for The Caring Kitchen located at 196 NW 811, Avenue, has come before the City Commission on April 21, 2015. This appeal was filed by Appellant Reginald A. Cox, a landowner in the area neighboring The Caring Kitchen. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Class III Site Plan Modification for a 165 square foot addition, to rebuild and expand existing restroom facilities, to expand storage area, and to add the provision of a laundry area that contains one washing and one drying machine. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN: a. Future Land Use element — Objective A-1: This objective requires that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A-1 met? Yes No b. Housing Policy A-11.3: This objective requires that the City shall consider the effect that the proposal for development or redevelopment will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes, and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability, and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Is Housing Policy A-11.3 met? Yes No C. Future Land Use Man: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac) and is zoned CF (Community Facilities). Is the project's proposed location consistent with the Future Land Use Map? Yes No d. Concurrencv: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes No e. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? 2 Yes No H. LAND DEVELOPMENT REGULATIONS: a. Pursuant to LDR Section 2.4.5(G)(5), in addition to the provisions of LDR Chapter 3, the City Commission must determine that the proposed changes do not significantly affect the originally approved site plan. Are the requirements of LDR Section 2.4.5(G)(5) met? Yes No b. Pursuant to LDR Section 2.4.5(F)(5), in addition to the provisions of LDR Chapter 3, the City Commission must determine that development of the property pursuant to the site plan will compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Are the requirements of LDR Section 2.4.5(F)(5) met? Yes No C. Pursuant to LDR Section 4.6.18(E), the City Commission shall consider the following criteria in the review of building permits. If the following criteria are not met, the application shall be disapproved: i. The plan or 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; ii. 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; 3 iii. 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. Are the requirements of LDR Section 4.6.18(E) met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of April, 2015, by a vote of in favor and opposed. Cary Glickstein, Mayor ATTEST: Chevelle Nubin, City Clerk 4 Call Discription 2014 2013 2012 2011 Call Summary Accident P2 1 1 Animal complaint 1 1 Assault P2/P3 2 4 2 3 11 Assist other dept 2 2 Attempted suicide 1 1 Audible Alarm P2 2 2 Burglary 1 2 3 Cancelled 1 Disturbance P1/P2/P3 7 9 2 5 23 Domestic 1 1 Duplicate 2 Extra Patrol 10 3 19 31 63 Follow up 1 5 1 1 8 Larceny P3 2 2 1 5 Lewd Lascivious 1 1 Lost and Found 1 1 Medical 8 8 7 6 29 Narcotics P2/P3 4 4 8 Need crime scene 1 1 Police service 6 6 7 8 27 Reckless Vehicle 1 1 Robbery 1 1 Suspicious 9 9 3 3 24 Traffic complaint 1 1 2 Traffic stop 4 1 5 Trespass P2 1 4 5 Vandalism 1 1 Walk and Talk 3 3 68 55 47 63 230 86 Calls for service at 196 NW 8th Ave. 37 %of total calls 63 %of calls not related to the Caring Kitchen. Calls by year 30 31 12 13 at 196 NW 8th Ave. Extra Patrol 10 3 19 31 Note the increase in calls by year, in comparison to the number of Extra Patrols. Improvements by CROS Ministries 1996-1997 Renovated facility Replaced roof with grant from City of Delray Built and installed new dividers in women's restroom 2010 January Installed new door and frame from dishroom to outside Installed new toilets in men and women's restrooms Handicap ramp to backdoor 2010 January Steel door installed at back door 2010 January Steel doors installed at front double doors 2012 January Driveway to the backdoor 2012 January Bicycle rack 2010 January Rope fence along NW 8th Ave to keep parking off the grass Awning installed over back door 2011 February Impact windows in the kitchen area 2014 New floor in kitchen area 2010, 2011, 2012 Painted the outside and inside several times Maintained the trees, shrubs, and grass. Petition for the Caring Kitchen Summary Signatures obtained from April 13th to 16th. Signatures total 130 Where clients live: Surrounding nbad* 80 Delray outside nbad** 18 Boca Raton 1 Boynton Beach 4 Loxahatchee*** 1 Homeless 26 130 How clients get to CK: Walk 68 Bicycle 13 Bus 1 Vehicle 17 Meals delivered 30 Not indicated 1 130 *Surrounding neigbhorhood is boarded by 1-95 on the West, Swinton on the East, Lake Ida on the North, and SW 10th St. on the South. **Means people coming from outside the"surrounding neighborhood" area, but still live in Delray. ***He checked that he walks to get to the Caring Kitchen, therefore the address is more than likely a mailing address and not where he resides. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 2, 2015 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF APRIL 21,2015 TEMPORARY USE PERMIT AND WAIVER FOR A MODULAR KITCHENMARBOUR'S EDGE BACKGROUND The action requested of the City Commission is consideration of a temporary use permit, along with an associated waiver request. The waiver is to allow the temporary use of an industrial prefabricated modular (mobile) kitchen to be considered as one of the temporary use categories. The temporary use kitchen facility would provide food service for the Harbour's Edge health care facility through November 15, 2015 (as requested)while the existing kitchen is being renovated. This request is in conjunction with the renovation of an existing kitchen for the Harbour's Edge property. On November 30, 2011, the Site Plan Review and Appearance Board approved a Class III site plan modification that included the expansion of the health center and construction of an 1,190 sq. ft. new kitchen addition to the northeast side of the Health Care facility building. The health care facility has been constructed and therefore the approval for these improvements has been vested. The applicant is requesting the placement of one temporary modular kitchen on the property to provide uninterrupted food service to the health care facility for a period of 6 months while the proposed existing kitchen is being renovated. The use of a temporary modular kitchen will provide the facilities necessary in order to continue business operations during the renovation period. DISCUSSION A waiver is being sought to LDR Section 2.4.6(F), "Temporary Use Permit", to allow the use of a modular kitchen facility during the renovation of the existing facility. Since the specific use of a mobile kitchen is not listed as an allowed use under this section, approval can only be granted through a waiver by the City Commission. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The modular kitchen is to be located within an open space area adjacent to the existing kitchen facility which will allow easy access to the freezer and cooler which will remain within the existing building while renovations are underway. The modular kitchen will be equipped with a 110 gallon water tank and the ability to connect to water and sewer service lines and an underground grease trap. The proposed facility is interior to the site and is not visible from any adjacent rights-of-way. In reviewing the criteria, this waiver (allowing this type of use to be considered as one of the temporary use categories for this current application) will not adversely affect the neighboring area, diminish the provision of public facilities, create an unsafe situation or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. REVIEW BY OTHERS The waiver to LDR Section 2.4.6(F), Temporary Use Permit, to allow the use of a modular kitchen as one of the uses allowed under the temporary use category is supportable. The Site Plan Review and Appearance Board will consider the associated Class I site plan modification and architectural elevations at its meeting of May 8, 2015. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Approve a Temporary Use Permit, and waiver to LDR Sections 2.4.6(F) to allow the use of a modular kitchen for Harbour's Edge, based on positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. The Temporary Use Permit shall not be effective until the issuance of a permit for the kitchen modifications. 2. That the temporary modular kitchen be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications, but in no event shall the Temporary Use Permit be valid for more than 7 months (expiring November 15, 2015 as requested). d 'PNetl'9aie8.fr+1+f� P-.+ -,-r31-3 fO NOSD(IOH'D'D x"Nnnnoo a�vara+rT v TT"anO cL , az)ag spriORRVH —.J uvia aus snawvD 1 @ L.� I i n lu s isaaddvn3moe xoirvn � - ..— - -------------- $ — — ————— _.,._i 7 E Ll 10 ter---- .--- I � � TJ ------ -------- .------ ------------ � I ° i .MrOy Ww9 FEUh4 ..uPng uaiol'1 n•�IM ntcrr» Yi' ;oER� �Q` anox� 7Yilfll]3�IH]BV v' '" isENnM MOO 9�vaan a��v �I g NOTDCOH-]'� ; I a�a sxnosiuv�i ssnoxan'TD NvZd Rus snama I Q � L-J w BM s I O LLI � , . -k. 1 IL� fl� f � I LU r �_ _ I ^j a I } LU 2 I 1 � -N� u'S�CL w W I U j ~ j w i j 3 (n U 0) CY C 7 -0 L a L 4 > r. A-- m z CL (Dv E n� p C'i E L) CL a5 ' Lo c� CD U 0 Q Z 7 O O CD C O 0) U a '4 - C E U) W N a) Q 'U) ` ` O o Z3 L) z En (D :3 cu L -C cB �. c O Lo 7 �_ CD +' E Y L N NO E L O O = V - N N O LO C LU r O Q a) a_ (D W o o cx aD J .f 1 O W m ❑ (n > O a) E r CU O a) (n W :3 c :3 CD 6 c j C O C UO} N 0 CD ca O 2 o a + � C p (D `p O O` E w +- *' cm L (D �i N a)Q O O ~ O C a) Q) {ti O (n CO U O � U co C C L ' U C+J O c c�a •� u1 C N -j U O .N O Qm � W ro E m �c � C aQ E N a) m � o c O fin ' �- a-- '"U—� O _c_- N Q r CO E a� C N 0 � (4 CL 0 '' Q Q o a �° — � E E a a) s Ego 3 Dn °' o = o o = o L; Q Q U ° 0 H ° E n to J =3 o 0 o m m ° } ' t Q 7 (U N M LO W IL Oi z LL r CD fU O o CO 7 ~ ` i LO �l'1 cL LL MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: November 30, 2011 MEETING PLACE: City Commission Chambers MEMBERS PRESENT: Chair Shane Ames, Shannon Dawson, Rustem Kupi, Scott Porten, and Nick Sadowsky MEMBERS ABSENT: Roger DeCapito and Sigurdur Hardester STAFF PRESENT: Scott Pape, Rebecca Truxell and Assistant City Attorney Terrill Pyburn I. CALL TO ORDER: 6:06 p.m. Upon roll call it was determined that a quorum was present. There were no changes to the agenda. Chair Ames read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Truxell swore in all who wished to give testimony on any agenda item. II. MINUTES It was moved by Mr. Porten, seconded by Mr. Sadowsky and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the Minutes of October 26, 2011. III. PROJECT PLANS A. Midtown; 4600 Linton Boulevard; Weiner & Lynne, PA, Agent; Class - III Site Plan, Landscape Plan and Architectural Elevations associated with the replacement of the previously approved 751 sq. ft. pool house and construction of a new 1,683 sq. ft. club house. Minor changes to the internal lay out of the units along with replacing an approved single window with a double window in the ground floor at the rear of the buildings. There was no ex-parte communication on this item. Mr. Scott Pape, Senior Planner described the proposal to the Board and entered the file into the record. Applicant's Presentation Mr. Michael Weiner of Weiner and Lynne, P.A., attorney for the applicant pointed out that several of the Board members had seen this project several times before. He stated that the proposal now before the Board involved some changes to the clubhouse and some changes to the windows. He said that all of the professionals involved in the proposal were present if the Board had any questions for them. Public Comments There were none. SPRAB Meeting November 30, 2011 Page 1 of 7 Board Discussion The Board indicated they liked the proposal. Mr. Kupi commented that the finished floor heights shown on the elevations were different than those previously approved but there was nothing in the staff report or in the presentation referencing this. He asked whether they were supposed to be approving this change since it was not addressed in the staff report. Mr. Porten said that staff's recommendation only referenced approval of the elevations of the clubhouse. Mr. Jim Williams of AW Architects then addressed the Board and stated that the issue regarding the change in roof height had been discussed with the planner who had stated that he was not concerned because it was still under the maximum height allowance. Mr. Pape then suggested that, in order to address this, the Board could add a condition of approval stating that the roof height must meet the LDR requirements. MOTION/FINDINGS .e X It was moved by Mr. Kupi, seconded by Mr. Porten and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the request for a Class III site plan modification for Midtown Delray Club House, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1) Submit three (3) sets of copies of the plans addressing all technical items included in the staff report for final certification; and 2) That the applicant indicates on the site plan where the club house maintenance shed is located and clearly depict the location of the roll-out trash bin on the site plan and floor plan of the proposed club house. _"­ It was moved by Mr. Sadowsky, seconded by Ms. Dawson and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the landscape plan for Midtown Delray Club House, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1) Submit three (3) sets of copies of the landscape plan addressing all technical items included in the staff report for final certification. It was moved by Mr. Porten, seconded by Mr. Sadowsky and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the proposed elevations for Midtown Delray Club House, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations and any other pertinent regulations for the height, subject to the following condition: 1) Subject to staff approving the increased elevation. SPRAB Meeting November 30, 2011 Page 2 of 7 B. Harbor's Edge; 401 East Linton Boulevard; Life Space Communities Inc.; Class - III Site Plan, Landscape Plan, and Architectural Elevations associated with the renovation of a 3,294 sq. ft. interior area for the Independent Living Commons; installation of impact resistant windows and doors; a 1,190 sq. ft. new kitchen addition to the Health Care facility building; a 2,920 sq. ft. of new construction for the Health Care building which includes lobby, physical therapy, speech therapy, kinesis area and a new entrance canopy area. There was no ex-parte communication on this item. Mr. Scott Pape, Senior Planner described the proposal to the Board and entered the file into the record. Applicant's Presentation Mr. Todd Anthony of CC Hodgson Architects addressed the Board and said that it had been quite some time since any upgrades had been made to the facility and they now wanted to make some changes to improve the marketability. He said he was available for any questions the Board might have. Public Comments There were none. Board Discussion Mr. Porten asked if they were changing to impact glass and if that had caused the change in the overall location of the windows. Mr. Anthony replied that they were governed by the number of square feet allowed in using impact glass which resulted in the windows being a little "tighter" now, with mullions. - MOTION/FINDINGS 1%, It was moved by Mr. Porten, seconded by Ms. Dawson and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the request for a Class III site plan modification for Harbor's Edge Residential and Health Care Development, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following condition: 1) Submit three (3) sets of copies of the plans addressing all technical items included in the staff report for final certification. It was moved by Mr. Sadowsky, seconded by Ms. Dawson and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the landscape plan for Harbor's Edge Residential and Health Care Development, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Submit three (3) sets of copies of the landscape plan addressing all technical items included in the staff report for final certification. SPRAB Meeting November 30, 2011 Page 3 of 7 It was moved by Ms. Dawson for approval of the proposed elevations for Harbor's Edge Residential and Health Care Development, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Ms. Porten seconded for discussion and asked if there were to be any color changes to the elevations. Mr. Anthony replied that they were adding a blue tile box at the Health Care Center and it was determined that no color sample had been provided. Ms. Dawson amended her motion to include the following condition: 1) That the applicant submits a color sample for the change in the architectural elevations, to be subject to staff's approval. Mr. Porten amended his second and said motion passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent). C. SpoonFed; 217 East Atlantic Avenue; Weiner & Lynne, PA, Class III site plan modification associated with the conversion of the second floor office area to restaurant. There was no ex-parte communication on this item. Mr. Scott Pape, Senior Planner described the proposal to the Board and entered the file into the record. Applicant's Presentation Mr. Michael Weiner of Weiner & Lynne, P.A., attorney for the applicant stated that the analysis in the staff report stated that the proposal meets the development requirements regarding parking. He said they agree to the condition in the staff report regarding the venting if they use hibachi tables. He said there were also positive required findings. Mr. Weiner stated that the proposal had also been reviewed and approved by the DDA and the CRA as well as the City Commission, although that was not noted in the staff report. He pointed out that the PMAB and the City Commission had both approved the in-lieu parking spaces. Mr. Weiner continued by stating that a restaurant is a permitted use in the CBD district although the SPRAB does not review allowed uses. He then read an article about a case titled "City of Gainesville v. GNV Investments, Inc.". He said that the City of Gainesville discovered that their City Ordinances allowed state parks in shopping centers and went to court on this issue. The court ruled that the plan met all of the technical requirements of the City Ordinance and that the proposal before the SPRAB also meets all of the technical requirements of the City Ordinances. Mr. Weiner concluded by stating that he was not in agreement with the statements made in the "Assessment and Conclusions" section of the staff report and stated that he hoped the Board would vote favorably on the Class III site plan modifications. Public Comments Ms. Alice Finst, 707 Place Tavant stated that it seemed there should be some way to stop the "do it now, apologize later' method that keeps happening before this Board. She said that when this building was demolished, Mr. Weiner assured that what would be built would be identical to the old building. She said that there was now hardly any evidence of the historical reproduction. She also said that the awnings on the building have advertising on them which she did not believe was allowed or that the Board had approved it. Ms. Finst said that the SPRAB Meeting November 30, 2011 Page 4 of 7 current building and proposal look nothing like the former historical building and she asked the Board to act to get back that look. Applicant's Rebuttal Mr. Weiner said he would like to address Ms. Finst's comment as they are always important. He said, however, that he disagreed that they had not maintained the historical look of the building. He stated that this Board was not the Code Enforcement Board if there were issues with things such as the Buddha which had been swapped out or with the ways things were installed. He said that the owner, Mr. Lipnick, was a restaurateur not familiar with zoning codes and that he apologized for any missteps that may have occurred and Mr. Weiner said this would not happen in the future. Staff Rebuttal There was none. Board Discussion The Board indicated they had no problem with changing out the Buddha statue. MOTION/FINDINGS U116, It was moved by Ms. Dawson, seconded by Mr. Porten and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the building elevations for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the modification is consistent with Section 3.1.1(Performance Standards), Section 4.6.18, and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations. Board Discussion Mr. Porten addressed Assistant City Attorney Pyburn and stated that staff was recommending in their report that they recommend denying the Class III Site Plan request based upon the change in use. He said that he had to agree with Mr. Weiner that this was not what the Board was tasked to do and he did not see how they could consider staff's recommendation. She replied that she thought perhaps any issue regarding the use should be worked out before a site plan was brought before the Board and asked Mr. Pape for his comments. Mr. Pape replied that, despite what Mr. Weiner had stated, the Board does consider some esoteric things such as impact on surrounding properties and that was what he addressed in his assessment, the impact this ongoing process had on the surrounding properties. Mr. Porten stated that if the Board denied this request, the applicant would probably appeal to the Commission again and have the Board's decision overturned. He said he was not blaming Mr. Pape as he was sure this was not his individual decision and suggested that perhaps the Director should address the Board in situations like this. Chair Ames said he agreed. Mr. Sadowsky asked if there was a metric to quantify impacts and Mr. Pape replied that there had been changes to the parking code recently and that it seemed these changes were happening quite often. He said he believed there are some quantifiable percentages now in the code. SPRAB Meeting November 30, 2011 Page 5 of 7 MOTION/FINDINGS It was moved by Mr. Sadowsky, seconded by Mr. Porten and passed with a 5 to 0 vote (Mr. DeCapito and Mr. Hardester absent) for approval of the Class III site plan modification and architectural elevations for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 3.1.1(Performance Standards) and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations. IV. PUBLIC COMMENTS Ms. Alice Finst, 707 Place Tavant, said that SPRAB had approved an awning for SpoonFed several weeks ago but she was sure they did not approve the wording now on the awning, "Breakfast", "Lunch" and "Dinner". Chair Ames replied that they had not approved such wording and asked staff if the Sign Committee might have approved it. Mr. Pape replied that they might have, if it met the Code. When Ms. Finst commented that all signs should come before this Board, Mr. Pape asked the Board if they wanted to review perhaps thousands of signs each year which, of course, they said they did not want to do. Mr. Sadowsky pointed out that, once the Board approves an awning, whatever is installed is no longer part of the SPRAB's "jurisdiction" but a Code Enforcement issue. Ms. Finst then suggested that there be a policy that whenever an awning comes before this Board the applicant should be told that they cannot do anything with the awning that has not been approved by SPRAB. Mr. Kupi stated that they could not do that because if they come in after being approved by SPRAB and apply for signage which meets the code, as determined by the Sign Committee. dMffiNMg&, .. . At this point, Assistant City Attorney Pyburn offered to check into the issue of the signage on SpoonFed's awning to make sure that it went through the approval process and would let the Board know. After further discussion on this, Mr. Porten said that the bottom line was that the signage had to meet the LDRs. Mr. Kupi agreed, stating that if certain elements, such as in- lieu parking, had met the code or been approved by the City Commission there was really nothing else that could be done. Mr. Kupi then asked Assistant City Attorney Pyburn if the time in which someone cited by Code Enforcement could be reduced from the current thirty or ninety days to perhaps a week and she replied that was governed by Florida State law. Chair Ames then concluded by saying that it might help if, when they approve an awning it is included in the motion that it not include signage and if the applicant wants it to include signage, it should come back before the Board. Assistant City Attorney Pyburn said this might work as long as everyone is aware of the process. A. Administrative Matters: • Board Comments There were none. • Staff Comments Mr. Pape said that he was concerned that it seemed the potential actions of the Board just SPRAB Meeting November 30, 2011 Page 6 of 7 discussed (related to motions regarding signage on awnings) seemed to be taking away rights of the applicants, particularly since this had not been done in the past. Mr. Porten asked Chair Ames if he meant that all awning approvals contain this motion or that it be done selectively. Assistant City Attorney Pyburn said that she believed this was a communication issue, i.e., what is staff approving, what does the Board have the authority to approve and where does that meet in the middle? Mr. Pape suggested that there be a presentation by staff to redefine the approval process and what should be reviewed by staff and what should come before the Board. Assistant City Attorney Pyburn said that she believed staff may currently be reviewing more sign submittals than previously done and that is should be made clear where the boundaries are. Mr. Porten reiterated that he believed the Director of Planning & Zoning should come to the Board meetings when they are reviewing items that have unusual staff recommendations pertaining to the use of property. He said this might help alleviate the Board opposing staff's recommendation and a possible appeal to the City Commission. VII. ADJOURN it x There being no further business to come before the Board, the meeting was adjourned at 7:09 p.m. iWok 'N The undersigned is the Secretary of the Site Plan and Appearance Board and the information provided herein is the Minutes of the meeting of said body for November 30, 2011 which were formally adopted and approved by the Board on 2012. Rebecca Truxell If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. SPRAB Meeting November 30, 2011 Page 7 of 7 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HARBOUR'S EDGE 401 EAST LINTON BOULEVARD 1. This waiver request for the temporary use of a modular kitchen facility for Harbour's Edge came before the City Commission on April 21, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Harbour's Edge at 401 East Linton Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver to LDR Section 2.4.6(Fl Pursuant to LDR Section 2.4.6(F) "Temporary Use Permit", the list of uses that require a temporary use permit does not include the use of a modular kitchen facility. The applicant is proposing the use of a temporary industrial prefabricated modular (mobile) kitchen to provide food service for the Harbour's Edge health care facility located at 401 East Linton Boulevard through November 15, 2015 by while the existing kitchen is being renovated. Should the waiver to Section 2.4.6(F) allowing the temporary use of a modular kitchen facility for Harbour's Edge through November 15, 2015, subject to the conditions in Exhibit "A", be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 2.4.6(F) subject to the conditions set forth in Exhibit "A", attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of Apri12015, by a vote of in favor and opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin City Clerk 2 EXHIBIT "A" CONDITIONS OF THE WAIVER REQUEST FOR THE TEMPORARY USE AT HARBOUR'S EDGE 1. The Temporary Use Permit shall not be effective until the issuance of a permit for the kitchen modifications. 2. That the temporary modular kitchen be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications, but in no event shall the Temporary Use Permit be valid for more than 8 months (expiring November 15, 2015 as requested). 3 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 6, 2015 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF APRIL 21,2015 CONDITIONAL USE REOUESTS FOR HEIGHT AND DENSITY AND ONE BEDROOM UNIT MIX WAIVER FOR THE METROPOLITAN BACKGROUND The property consists of Town of Delray Lots 20 through 33 of Block 93 and measures 0.929 acres. The parcel has a Future Land Use Map (FLUM) designation of Central Core (CC) and is zoned Central Business District (CBD). The sites currently contain surface parking lots owned by Suntrust Bank. The Metropolitan requests conditional uses for height and density to allow construction of a 57' high (over 48' maximum), five-story, mixed-use development containing 48 condominium units on the upper levels and 3,741 sq. ft. of retail, 1,318 sq. ft. of office, a 3,143 sq. ft. public plaza and covered parking on the ground level, on a 0.929 acre site with a density in excess of 30 Units Per Acre (51.67 du/ac proposed). In association with the increased density, a waiver is requested to allow a unit mix in excess of the maximum 30% one-bedroom allowance (50%proposed). It is noted that this development application was submitted prior to the establishment of the recent Zoning In Progress that was in place while the new development regulations were processed for the Central Business District (CBD). This proposal is therefore reviewed in accordance with the regulations that were in effect at that time. Timeline details are as follows: The Conditional Use Requests, Class V Site Plan and Class II Site Plan Modification applications associated with The Metropolitan Mixed-Use Development were originally received on September 19, 2014. On October 7, 2014, the City Commission established Zoning In Progress (Resolution No. 54-14) pending adoption of revised Land Development Regulations for the Central Business District (CBD). Zoning In Progress remained in effect until the changes (Ord. No. 03-15) were adopted by the City Commission on February 24, 2015 which capped the allowable density at 30 du/acre and limited the height to 54' and 4 stories (except along East Atlantic Avenue where the height was limited to 38' and 3 stories) for projects within the Central Core (CC) Future Land Use Map designated areas. On March 3, 2015, the City Commission approved a Parking Compliance Agreement between The Metropolitan, Suntrust Bank and the City of Delray Beach to address a 15-space parking deficit for Suntrust Bank created by future construction of The Metropolitan on existing surface parking lots owned by Suntrust Bank. This agreement calls for construction of seven (7) off-site parking spaces along the rear alley, and construction of an 8-space angled parking lot east of the rear alley, to be provided exclusively for Suntrust Bank utilization in perpetuity. This agreement cannot be modified or dissolved without the expressed written consent of the City of Delray Beach. On March 16, 2015, the Planning and Zoning Board recommended approval of the Conditional Use requests to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and a height exceeding 48' (57' proposed), and supported a waiver to the maximum 30% one-bedroom unit mix (50% proposed). It should be noted that during staff's presentation, modifications and refinements to the report were presented which included an updated evaluation of the performance standards which are reflected in the following analysis: Density Increase Anal LDR Section 4.4.13(1) -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 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. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The proposed development is compatible in terms of building mass and intensity with the surrounding developments. There is a mix of uses and building heights in the area, with the Sofa Building #1 development under construction to the south and several multi-story developments recently approved in the Sofa(South of Atlantic) district. The proposed development will provide the required Workforce Housing (WFH) Units at a calculation of twenty percent (20%) of all units over the permitted thirty (30) dwelling units per acre, rounded up. Based on said requirements and a total of 21.67 additional units, the applicant is proposing to incorporate five (5) work force housing (WFH) dwelling units into the project, which will be divided between low and moderate income levels and will comply with all applicable provisions of LDR Section 4.7. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. 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 mu/lions, quoins, decorative tiles, or similar distinguishing features. The proposed design of the site and building offers a variation in design and color which adds interest to the building and reduces the appearance of massing. The building elevations incorporate a diversity of window and door shapes and locations. It features cantilevered balconies, porches, terraces, and other modern decorative tiles and accents. The design of the building uses planes and cantilevers to divide and frame architectural elements; this adds interest to the building and reduces the appearances of massing. One of the signature design elements of the building is the large plaza area and 2-story spiral stair. The element opens up the building fagade and provides an area of relief. Within the plaza is a water feature that will provide seating. At the fifth floor, units at the corner have been removed to provide for a large open air terrace that overlooks the downtown. This will have a seating area, bar, and outdoor pool table. The upper floors of the building are significantly setback from the street to minimize the mass of the building. The uppers floors also conform to the reduced square footages allowances per the LDRs (tiered "wedding cake" design). Portions of the ground floor retail/office area have areas of 2- story volume and the long colonnade give the building an appearance of a tall base floor. (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 style. 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. The proposed building includes a parking garage within the principal building on the first and second story. Vehicular access to the ground floor garage is provided at the rear of the building via the alley reducing the appearance of a parking garage. The access to the parking of the second floor is provided via a ramp from SE 1St Street. This is a similar parking arrangement to the recently built Hyatt Place Hotel. There are retail bays located on the first floor of S.E. 3rd Avenue and wrap the corner of S.E. 1 st Street to block views of the garage from the street. Having the retail at the ground floor also allows large window area across most of the ground floor facade. Also added is a wavy design element with cut outs with mesh to further add a design element at the front and sides of the garage. The wavy design is carried through to the rear and north side of the project. This design feature is consistent with the projected wavy aluminum canopies that align the colonnade of SE 3rd Avenue. The upper level projected balconies have geometric shapes and wrap around that also evoke the idea of waves in motion. Thus, there is a consistency with these different design elements that are consistent throughout all levels of the building and in different forms. (c) 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 flats. 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 includes a total of 48 units comprised of one-bedroom and two-bedroom for sale units. Twenty-four (24) units are 2 bedroom and twenty-four (24) are 1 bedroom. There are no efficiencies. There are multiple floor plans available. The living area varies among units. Some units will have terraces, while other will have balconies. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s),parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are:freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(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 building(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 project design creates an overall unified architectural character and image by the use of common elements on and within the building and ancillary parts of the project. Decorative light fixtures, a landscaped public plaza area with decorative pavers, and the use of bold urban colors and a modern design are some of the common design elements that add character to the project. Additionally, the residents will enjoy the use of on-site amenities as identified below. (e) 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 common terrace areas and public plaza are inviting meeting places for the residents to leisurely socialize. Specifically, the roof terrace on the 5th floor will offer large screen TV, sitting areas, outdoor pool table and offer views of the downtown. The spiral staircase in the public plaza also leads up to additional common terrace area on the third floor. Similarly, on the ground level, a fitness center is provided for both residents and the public. In addition to the bicycle parking on the street side, there is a large air conditioned bike storage area on the south end of the building. (fi 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 in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc). The project is inherently pedestrian friendly due to its proximity to a lively downtown area surrounding the site. The main pedestrian access to SE 3rd Avenue is via the main lobby area in the center of the building, encouraging pedestrian activity to the street. The plaza proposed will promote pedestrian movement. The project's proximity to Atlantic Avenue, Federal Highway and Swinton Avenue will result in residents being able to walk to the main commercial, entertainment and cultural activities that create the downtown. The retail bays will bring customers and create much needed pedestrian activity in the area as it extends the shopping experience south from Atlantic Avenue. Likewise, the provision of 12'-14' wide sidewalks along SE 1st Street and SE 3rd Avenue provides more than adequate unobstructed pedestrian pathway. (g) The development provides opportunities to share parking, access ways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides for ten (10) parallel parking spaces to be constructed along SE 3rd Avenue. These spaces are not required to meet the parking requirements of the project. All of these spaces may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) 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. In association with the Metropolitan, nonresidential uses are provided along SE 1 st Street and SE 3rd Avenue. A minimum 75% glass transparency along the storefront is required and has been provided. Thus, this performance standard has been met. (i) 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. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The landscape plan for the project is in excess of the minimum standards. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation and paving interactions. The landscape plan has been designed incorporate street trees along SE 3rd Avenue and SE 1 st Street. These trees will provide shading and add rhyme while walking along SE 3rd Avenue. There is also a plaza surrounded by retail space and the residential lobby. There will also be landscaping located within in the plaza. Essentially, of the nine (9) performance standards outlined in LDR Section 4.4.13(I), the subject development proposal substantially complies with all (9)performance standards (a), (b), (c), (d), (e), (f), (g), (h) and (i); thus, it is appropriate to grant the requested increase in density. Height Increase Analysis: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. The proposed building elevations indicate that the building will have an overall height of fifty-six feet (56') based on the crown of the road. However, the conditional use request is to allow an overall height of fifty-seven feet(57'). Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35; measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (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; except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' 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. The increase in height is requested to accommodate residential uses on the top floor of the proposed building, thereby meeting this requirement. (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.620. The development proposal does not include a transfer of development rights. Therefore, this provision does not apply. (iii) That the increase in height is based on or will result in two, or more, of the following: (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5(a) and(d); Five (5) workforce housing units are noted on the proposed floor plans. However, the ratio of the market rate to workforce housing units is not currently met. Potentially, one (1) additional workforce housing unit will be deemed necessary to meet this requirement. Upon resolution of matching the ratio requirement, the proposed workforce housing units will be compliant with LDR Sections 4.7.5(a) and (d). This is attached as a condition of approval for the conditional use request for increased height. (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; The conceptual plan does provide ground floor parking and vehicular traffic circulation areas. Based on measurements taken from the proposed site plan, the ground floor area of the parking garage and vehicular traffic circulation area of the building consists of approximately 67.3% of the gross ground floor area. Thus, the total area of the ground floor devoted to parking, exceeds 50% and meets this requirement. (3) That for each foot in height above 48; an additional building setback of two feet (2) is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines (i.e.,front, side, and rear)for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district. The development proposal does not provide the additional two foot (2') setback for each foot in excess of forty-eight feet (48'). In lieu of this requirement, the development proposal complies with the setbacks for the CBD (Central Business District). (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The development proposal does include nonresidential components along the building frontage. Based on measurements taken from the proposed site plan, the ground floor building frontage along SE 3rd Avenue and SE Ist Street consists of approximately 67.3%. Thus, the total area of the ground floor devoted to nonresidential uses (excluding parking) along the building frontage, exceeds 50% and meets this requirement. Based on the above analysis, the project can comply with all of the criteria, subject to compliance with the condition of approval that relates to a balance between the ratio of workforce units to market rate units, for consistency with LDR Sections 4.7.5(a) and (d). Therefore, the proposed development is eligible for an increase in height, subject to compliance with the condition of approval. Waiver Analysis/Maximum 30% One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units from the maximum allowed 30% to 50%. The applicant has submitted the following statement to support the waiver. "Although the number of one-bedroom units exceeds the above referenced provision, the program for this project is to provide for sale housing units to serve individuals look for an "in-town, walkable" lifestyle. The units are large when compared to the recent rental apartment projects being approved. In fact, the 1-bedroom units also have 1.5 baths and are 850-1390 sq.ft. which makes it larger than the minimum square footage requirement for 2-bedroom units under the LDRs. Approval of this waiver will allow for development that willprovide more attainable living in the downtown area that is attractive to a variety ofpeople desiring urban living. This development willprovide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City's Downtown Master Plan and Comp Plan." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City's goal is to create family/workforce housing. To accomplish this goal, the City created incentives for developers, including allowing additional density in the CBD through the conditional use process. The provisions and incentives of the family/workforce housing ordinance were structured to promote larger units for families, which is why there is a limit on the percentage of one-bedroom units allowed in projects under this program. The Metropolitan project appears to target a specific segment of the population which includes young single professionals and young emerging professional couples with possibly one or two children. This is appropriate for a downtown residential development. Specifically, the project includes 24 one-bedroom units and 24 two-bedroom units, for a total of 48 units. That makes the ratio 50% 1-bedrooms. Although the number of one-bedroom units exceeds the above referenced provision, the program for this project is to provide for sale housing units to serve individuals looking for an "in-town, walk able" lifestyle. The units are large when compared to the recent rental apartment projects being approved. In fact, the 1- bedroom units also have 1.5 baths and are 850-1390 sq. ft. which makes it larger than the minimum square footage requirement for 2-bedroom units under the LDRs. Approval of this waiver will allow for development that will provide more attainable living in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City's Downtown Master Plan and Comprehensive Plan. Therefore, the proposed waiver should not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe condition. Given the project's downtown location, staff is inclined to support a one-bedroom unit mix up to 50% in the CBD. The same consideration would be given to other projects in the CBD area, so approving this waiver would not result in the granting of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Additional Highlights: It should be noted that the property to the south (Sofa Building #1) was approved for a density of 62 du/ac containing 117 residential units and a one-bedroom mix of 56.41%. Similarly, to the west, The Strand was approved for a density of 63 du/ac containing 198 units and a one-bedroom unit mix of 51%. The subject property (The Metropolitan) is requesting a density of 51.67 du/ac containing 48 residential units and a one-bedroom mix of 50%, which is a less intensive residential use than the neighboring properties. Perhaps one of the most significant contributions this project will bring is the "completion of the streetscape" along SE 3rd Avenue from Atlantic Avenue down to SE 1 st street. Residents and visitors to the downtown would be able to walk from Osceola Park to Atlantic Avenue and back along well lit, wide sidewalks providing for a safer downtown experience. In addition, on March 23, 2015, the Palm Beach County Traffic Division issued an updated traffic concurrency determination for the modified 48-unit development, demonstrating 31 AM, 55 PM and 539 ADT trips, as noted within an updated traffic statement revised on February 9, 2015. The conditions of approval to allow the increased density and height have been modified accordingly. In the staff recommendation section of this report, the revised conditions of approval reflect the aforementioned updates. Now before the Board for consideration are conditional use requests for height and density to construct a 57' high, five-story, mixed-use development containing 48 condominium units on the combined 0.929 acre site, with a proposed density of 51.67 units per acre and a proposed height of 57', in the Central Core area of the Central Business District(CBD). DISCUSSION By separate motions, consider approval of a conditional use request for height (57'), a conditional use for density (51.67 du/ac), and a waiver to the maximum 30% one-bedroom unit mix (50% proposed), for The Metropolitan mixed-use development. RECOMMENDATION Advisory Board Recommendations: Community Redevelopment Agency The Community Redevelopment Agency (CRA) considered the Conditional Use requests to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and a height exceeding 48' (57' proposed) at its meeting of March 12, 2015 and rendered a unanimous recommendation of approval for the height increase, but recommended against the density increase by a vote of 2-4. However, they unanimously supported the associated waiver to the density request to allow 50% (30% max. standard) one-bedroom units. On March 26, 2015, the Community Redevelopment Agency (CRA) reconsidered the Conditional Use request to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and heard additional testimony from staff and the applicant. In turn, the previous recommendation against allowing the density increase was rescinded and the increase in density was supported by a vote of 5-1 (Paul Zacks dissenting). Downtown Development Authority The Downtown Development Authority (DDA)unanimously recommended approval of the Conditional Use requests to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and a height exceeding 48' (57' proposed), and supported a waiver to the maximum 30% one-bedroom unit mix (50%proposed) at its meeting of March 9, 2015. Planning and Zoning Board The Planning and Zoning Board unanimously recommended approval of the Conditional Use requests to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and a height exceeding 48' (57' proposed), and supported a waiver to the maximum 30% one-bedroom unit mix (50% proposed) at its meeting of March 16, 2015. Staff Recommendation: By Separate Motions, the Planning &Zoning Department recommends approval of following: Waiver to Percentage 1-Bedroom Units: Approve the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one- bedroom units from the maximum allowed 30% to up to 50%, based upon positive findings with respect to LDR Section 2.4.5(E). Conditional Use For HeiKht: Approve the conditional use request to allow for a building height in excess of 48' (57' proposed) for the Metropolitan, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. That the applicant submit a revised application for Class V Site Plan approval which at a minimum addresses the following issue identified in this staff report: a. That the required number of workforce housing units is noted on the proposed floor plans and the 50%150% matching ratio of the market rate to workforce housing units is met. Conditional Use For Density: Approve the conditional use request to allow a density in excess of 30 units per acre (51.67 du/ac) for the Metropolitan, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit a revised application for Class V Site Plan approval which is generally consistent with the conditional use exhibits. 2. That the applicant submit a revised application for Class II Site Plan modification approval which at a minimum addresses the following issues identified in this staff report: a. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a three foot (3') landscape buffer at the south property line, which is two feet (2') less than the minimum requirement. 3. Verification from the Palm Beach County School District that the revised project containing 48 units will meet school concurrency. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 16, 2015 ITEM: Conditional Use requests for height and density to allow construction of a 57' high, five- story, mixed-use development containing 48 condominium units on the upper levels and 3,741 sq. ft. of retail, 1,318 sq. ft. of office and covered parking on the ground level, on a 0.929 acre site with a density in excess of 30 Units Per Acre (51.67 du/ac Proposed) within the Central Business District(CBD) for The Metropolitan. GENERAL DATA; - LJ Agent,............... ............... Richard Jones Architecture, Inc. � 7 Applicant................................ The Metropolitan at Delray, LLC N _r N Owner.................................... Suntrust sank , _ �NE 1s t Location..................................,.' Northeast corner of SE 3rd Avenue c &SE 1St Street __. m Property Size............................. 0,929 Acres (40,462 sq. ft.) _ ... m Existing FLUM........................ Central Core (CC) L - --- ���—� M ME Proposed FLUM..................... No Change E Mantic Ave Existing Zoning....................... Central Business District(CBD) Proposed FLUM....................... No Change Adjacent Zoning............. North: Central Business District(CBD) 7 South: Central Business District(CBD) INL..W East: Central Business District(CBD) ------ West: Central Business District(CBD) 1 I Existing Land Use...... ............... Surface Parking Lots I � � Proposed Land Use................... 5-story Mixed-Use Building 51 .. .- -.__ i -. LU Water Service............................ Available Via A Lateral Service V _.-. Connection to Existing 4" Water — _. Mains Located within the rear alleyway and SE 1St St. Right-of-Way 15 Sewer Service............................ Available Via A Lateral Service Connection to Existing 8" Sanitary L_ st Sewer Mains Located within the rear — alleyway and SE 3rd Ave. Right-of- - Way -- --- -.-. �.. NORTH _ ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on the following request for conditional use approvals to height and density pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ❑ To allow an increase in density to 51.67 du/ac, whereas as maximum of 30 du/ac is allowed per LDR Section 4.4.13(D)(12); and, ❑ To allow an increase in height to fifty-seven feet (57'), whereas a maximum of 48' is allowed per LDR Section 4.3.4(J)(4)(b) The request is associated with a proposed 57' high, five-story, mixed-use development containing 48 condominium units located on the northeast corner of SE 3`a Ave. and SE 15i St. BACKGROUND The subject property consists of Town Of Delray Lots 20 through 33 of Block 93 and measures 0.929 acres. The parcel has a Future Land Use Map (FLUM) designation of Central Core (CC) and is zoned Central Business District (CBD). The sites currently contain surface parking lots owned by Suntrust Bank. It must be noted that this development application was submitted prior to the establishment of the recent Zoning In Progress that was in place while the new development regulations were processed for the Central Business District (CBD). This proposal is therefore reviewed in accordance with the regulations that were in effect at that time. Timeline details are as follows: The Conditional Use Requests, Class V Site Plan and Class II Site Plan Modification applications associated with The Metropolitan Mixed-Use Development were originally received on September 19, 2014. On October 7, 2014, the City Commission established Zoning In Progress (Resolution No. 54- 14) pending adoption of revised Land Development Regulations for the Central Building District (CBD), which include a density allowance no higher than 30% and a maximum height allowance of fifty-four feet (54') for projects within the Central Core (CC) Future Land Use Map designated areas. Zoning In Progress remained in effect until the changes (Ord. No. 0315) were adopted by the City Commission on February 24, 2015. On March 3, 2015, the City Commission approved a Parking Compliance Agreement between The Metropolitan, Suntrust Bank and the City of Delray Beach to resolve a 15-space parking deficit for Suntrust Bank created by future construction of The Metropolitan on existing surface parking lots owned by Suntrust Bank. This agreement calls for construction of seven (7) off-site parking spaces along the rear alley and construction of an 8-space angled parking lot east of the rear alley, to be provided exclusively for Suntrust Bank utilization in perpetuity. This agreement cannot be modified or dissolved without the expressed written consent of the City of Delray Beach. Now before the Board for consideration are conditional use requests for height and density to construct a 57' high, five-story, mixed-used development containing 48 condominium units on the combined 0.929 acre site, whereas the proposed density of 51.67 units per acre exceeds the maximum thirty (30) units per acre allowed and the proposed height of 57' exceeds the maximum 48' height permitted in the Central Core area of the Central Business District (CBD). Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development PROJECT DESCRIPTION The development proposal incorporates the following: ❑ Construction of a forty-eight (48) unit, five (5) story mixed-use residential/retail/office building ❑ Provision of 3,741 sq. ft. of retail on the ground floor fronting on SE 3"Ave. & SE 1St St. ❑ Provision of a 3,143 sq. ft. public plaza on the ground floor fronting on SE 3rd Avenue ❑ Provision of 1,318 sq. ft. of office on the ground floor fronting on SE 3rd Avenue ❑ Provision of a water feature and spiral stair feature in the public plaza along SE 3rd Avenue ❑ Construction of forty-six (46) parking spaces on a ground level and fifty-one (51) parking spaces on a partial second floor garage for a total ninety-seven (97) space parking garage ❑ Installation of associated on-site landscaping and landscape nodes in the adjacent right-of- way along SE 3rd Avenue ❑ Construction of ten (10) on-street parallel parking spaces along SE 3rd Avenue ❑ Construction of seven (7) on-site parallel parking spaces along the rear alley for use by Suntrust Bank customers and to maintain parking compliance ❑ Construction of eight (8) off-site 45° angle parking spaces for Suntrust Bank to maintain parking compliance The application is accompanied by a waiver request that is related to the conditional use for density and must therefore be considered in association with the project: 1. A waiver to LDR Section 4.7.9(1), whereas the total number of one bedroom units shall not exceed 30% of the total number of overall units. 50% proposed one-bedroom units exceed this requirement. Based on the review of the preliminary site plan submitted for The Metropolitan, the development proposal may also require the following waivers: • A waiver to LDR Section 4.6.18(13)(14)(iv)(2), regarding minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings must be a minimum of 75% of the wall area for that elevation. Site data needs to be added to the plan to determine if a waiver is needed. • A waiver to LDR Section 6.1.3(13)(1)(f), regarding sidewalk widths within the Central Business District (CBD). An unobstructed pedestrian path of eight feet (8') is required and the current design shows 5' on SE 1$t Street and almost 6' on SE 3rd Avenue. • A waiver to LDR Section 4.4.13fl(4)(c)(1), regarding the portion of the structure that is ground floor to 25' in height. This portion of the building must be setback a maximum of ten feet (10') for at least (seventy percent) 70% of the frontage and a maximum of ninety percent (90%) of the frontage. The remaining length shall be set back a minimum of fifteen feet (15). Due to provision of the public plaza, 60.4% (70% min. allowed) is provided at a 10' maximum and 39.6% (30% max. allowed) is provided at a 15' minimum. 2 Planning and Zoning Board Staff Report: Meeting of March 16,2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development The unit mix waiver was requested by the applicant and will be considered with the processing and approval of a subsequent Class V Site Plan application. This waiver will be mentioned to the City Commission during their review of the conditional use to learn if they are inclined to support it. The applicant will have an opportunity to adjust the design to eliminate the need for additional relief or request waivers in association with subsequent processing and approval of a Class V Site Plan. Additionally, review of the Metropolitan Off-site Parking Lot for Suntrust Bank will be performed in association with a separate Class II Site Plan Modification, and a determination of additional waivers will be made at that time. Since the conditional use request for the density and height increase is associated solely with the Metropolitan site, review of the Metropolitan's off-site parking lot is limited to the evaluation and assessment of the parking compliance requirement between Suntrust Bank and the Metropolitan site. With the exception of the waiver to the one- bedroom unit mix, which is associated with the conditional use request for density, any remaining waivers, if needed, will be considered by the Site Plan Review and Appearance Board (SPRAB) during Site Plan review. A recommendation by SPRAB will then be forwarded to the City Commission for final action. CONDITIONAL USE ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(12), multiple-family dwelling units at a density over 30 units per acre are permitted through the conditional use approval process, subject to substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards, thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy (CO). These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground level of the parking garage that will connect to an exfiltration trench system. Therefore, there appear to be no problems anticipated in accommodating on-site drainage. However, the Engineering Department does have preliminary engineering technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made, subject to satisfaction of all preliminary engineering technical comments during the subsequent site plan approval process. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build-out to meet the 3 Planning and Zoning Board Staff Report: Meeting of March 16,2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of twenty-four thousand dollars ($24,000) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: For the Metropolitan site, the proposed 3,741 sq. ft. of retail generates a total of 19.07 tons of solid waste per year. The proposed 1,318 sq. ft, of office generates a total of 3.55 tons of solid waste per year. The proposed 48 dwelling units will generate a total of 24.96 tons of solid waste per year. Therefore, there will be a net increase of 47.58 tons per year with the proposed development of the site. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed mixed-use development will generate 539 net new vehicle trips per day. Specifically, it will generate 28 AM net new peak hour trips and 52 PM net new peak hour trips. However, this was based upon 42 units instead of the currently proposed 48 units. It is recommended that an updated traffic currency determination be requested from Palm Beach County for consistency with the current development proposal. Water and Sewer: Water service is available via a lateral service connection to existing 4" water mains located within the rear alleyway and SE 15t Street right-of-way. Sewer service is available via a lateral service connection to existing 8" sanitary sewer mains located within the rear alleyway and SE 3rd Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District has been provided indicating that the project meets these requirements. However, this was based upon 42 units instead of the currently proposed 48 units. An updated school currency determination must be provided from the Palm Beach County.School District for consistency with the current development proposal. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods 4 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The subject sites are existing surface parking lots and have no existing structures. Thus, there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The site is bordered by public right-of-way (SE 3rd Avenue) on the west. To the east of the site is an existing sixteen foot (16') public alleyway. Across the alley, to the east, are commercial and office uses. To the west of the site, across SE 3�d Avenue, is vacant/undeveloped land but approved for the multi-family residential development called "The Strand". To the north of the Metropolitan site, is the existing Suntrust Bank financial institution. To the south of the Metropolitan site, currently under construction is the Sofa Building #1 residential development. The surrounding properties to the west, east, north and south are all are zoned Central Business District (CBD). This request for Conditional Use approval to allow for increased density is compatible with the surrounding uses and zoning designations. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Metropolitan will help to fulfill this stated land use need by providing 48 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Objective C-3: The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village 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, marketingleconomic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element 5 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development that will make the Central Core District evolve from a high-end leisure area for a few, to a true downtown that serves the needs of the community as a whole. It will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent." On page 38 - "In order to maintain the overall "Village Atmosphere"of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district, especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." As noted above, increased residential density is crucial to the long-term sustainability of the downtown. The proposed conditional use will allow a residential density of 51.67 dwelling units per acre on the subject property. This increased density equates to an additional 21.67 units over the base density of 30 units per acre. The development proposal will locate a total of 48 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants in, and contributors to, the downtown area community. The Metropolitan development proposal is consistent with Future Land Use Element Objective C-3 and Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. Currently, the Palm Tran Route #81 (Eastbound Atlantic Avenue) serves this site along SE 15t Street. A Palm Tran bus stop may be deemed necessary at the southwest corner of SE 3rd Avenue and SE 1st Street. The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A-1.5. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. Bicycle racks and storage areas have been provided on the Metropolitan site. Thus, the development complies with Transportation Element Policy D-2.2. Open Space and Recreation, A-3.1: Tot lots and recreational areas, Element,amen,, Policy..,_ serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the 6 Planning and Zoning Board Staff Report: Meeting of March 16,2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide common open terrace areas on the third and fifth floors, as well as the public plaza on the ground level. Other recreational, cultural and open space opportunities located in proximity to the Metropolitan development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element_ Policy B-2.2; The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. The development will provide a mix of one (1) and two (2) bedroom units. Housing Obiective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy „11.3: In evaluating proposals for new development or redevelopment, A _ the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As previously noted, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will 7 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development increase safety of the area by introducing more nighttime activity and more "eyes on the street" as a deterrent to criminal behavior. While the,development proposal will result in additional 28 AM and 52 PM peak hour trips onto the surrounding roadway network, the number of daily trips (539) generated will not negatively impact the area. Thus, the development will be consistent with Housing Policy A-11.3. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North Central Business District CBD Suntrust Bank financial institution South Central Business District (CBD) Sofa Building #1 under construction) East Central Business District CBD Vacant (Approved for"The Strand" West Central Business District (CBD) Commercial, Retail and Office Uses The surrounding properties to the east, north and south are all are zoned Central Business District (CBD). The site is bordered by public right-of-way (SE 3rd Avenue) on the west. To the east of the site is an existing sixteen foot (16') public alleyway. Across the alley, to the east, are commercial and office uses. To the west of the site, across SE 3rd Avenue, is vacant/undeveloped land but approved for "The Strand" multi-family residential development. To the north of the Metropolitan site is the existing Suntrust Bank financial institution. To the south of the Metropolitan site is the Sofa Building #1 residential development currently under construction. It should be noted that the property to the south (Sofa Building #1) was approved for a density of 62 du/ac containing 117 residential units and a one-bedroom mix of 56.41%. Similarly, to the west, The Strand was approved for a density of 63 du/ac containing 198 units and a one- bedroom unit mix of 51%. The subject property (The Metropolitan) is requesting a density of 51.67 du/ac containing 48 residential units and a one-bedroom mix of 50%, which is a less intensive residential use than the neighboring properties. Thus, the proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 51.67 dwelling units per acre. 8 Planning and Zoning Board Staff Report: Meeting of March 16,2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development REQUIRED FINDINGS RELATING TO INC. REASE IN HEIGHT Pursuant to LDR Section 4.3.4(x), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. The proposed building elevations indicate that the building will have an overall height of fifty-six feet (56') based on the crown of the road. However, the conditional use request is to allow an overall height of fifty-seven feet (57'). Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (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', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' 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. The increase in height is requested to accommodate residential uses on the top floor of the proposed building, thereby meeting this requirement. (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. The development proposal does not include a transfer of development rights. Therefore, this provision does not apply. (iii)That the increase in height is based on or will result in two, or more, of the following: (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5(a) and (d); Five (5) workforce housing units are noted on the proposed floor plans. However, the ratio of the market rate to workforce housing units is not currently met. Potentially, one (1) additional workforce housing unit will be deemed necessary to meet this requirement. Upon resolution of matching the ratio requirement, the proposed workforce housing units will be compliant with LDR Sections 4.7.5(a) and (d). This is attached as a condition of approval for the conditional use request for increased height. (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; 9 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development The conceptual plan does provide ground floor parking and vehicular traffic circulation areas. Based on measurements taken from the proposed site plan, the ground floor area of the parking garage and vehicular traffic circulation area of the building consists of approximately 67.3% of the gross ground floor area. Thus, the total area of the ground floor devoted to parking, exceeds 50% and meets this requirement. (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district. The development proposal does not provide the additional two foot (2') setback for each foot in excess of forty-eight feet (48'). In lieu of this requirement, the development proposal complies with the setbacks for the CBD (Central Business District). The following tables identify the setback requirements for the building and the setbacks provided by the proposed development: SE 3rd Avenue TOP LEVEL (Min./Max.) Standard: Required: Proposed: (Above 48' height) (5 Floor) Building Setbacks: Front (west) - frontage 310.58' 90% min. 15' min. 280.5' (90.3% - remaining length 5' min. N/A SE 1 s Street TOP LEVEL (Min./Max.) Standard: Required: Proposed: (Above 48' height) 5 Floor) Building Setbacks: Front south -frontage 88.10' 90% min. 30' min. 79.33' 90.04% - remaining length 5' min. NIA The tables above indicate that the proposed development meet the requirements of the L.DRs for a height of forty-eight feet (48') and above. (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The development proposal does include nonresidential components along the building frontage. Based on measurements taken from the proposed site plan, the ground floor building frontage along SE 3rd Avenue and SE 15k Street consists of approximately 67.3%. Thus, the total area of the ground floor devoted to nonresidential uses (excluding parking) along the building frontage, exceeds 50% and meets this requirement. 10 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development Summary: Based on the above analysis, the project can comply with all of the criteria, subject to compliance with the condition of approval that relates to a balance between the ratio of workforce units to market rate units, for consistency with LDR Sections 4.7.5(a) and (d). Therefore, the proposed development is eligible for an increase in height, subject to compliance with the condition of approval. PERFORMANCE STANDARDS FOR DENSITY INCREASE The applicant is seeking an increase in density above 30 units per acre (51.67 units per acre). In order to grant the increase, positive findings with respect to LDR Section 4.4.13(1) need to be made. LDR Section 4.4.13(I) - 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 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. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The proposed development is compatible in terms of building mass and intensity with the surrounding developments. There is a mix of uses and building heights in the area, with the Sofa Building #1 development under construction to the south and several multi-story developments recently approved in the Sofa (South of Atlantic) district. The proposed development will provide the required Workforce Housing (WFH) Units at a calculation of twenty percent (20%) of all units over the permitted thirty (30) dwelling units, rounded up. Based on said requirements and a total of 21.67 additional units, the applicant is proposing to incorporate five (5) work force housing (WFH) dwelling units into the project, which will be divided between low and moderate income levels and will comply with all applicable provisions of LDR Section 4.7. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements. diversity in window and door shapes and locations; features such as 11 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development balconies, arches, porches; and design elements such as shutters, window mu/lions, quoins, decorative tiles, or similar distinguishing features. The proposed design of the site and building offers a variation in design and color which adds interest to the building and reduces the appearance of massing. The building elevations incorporate a diversity of window and door shapes and locations. It features cantilevered balconies, porches, terraces, and other modern decorative tiles and accents. The design of the building uses planes and cantilevers to divide and frame architectural elements; this adds interest to the building and reduces the appearances of massing. One of the signature design elements of the building is the large plaza area and 2-story spiral stair. The element opens up the building facade and provides an area of relief. Within the plaza is a water feature that will provide seating. At the fifth floor units at the corner have been removed to provide for a large open air terrace that overlooks the downtown. This will have a seating area, bar, and outdoor pool table. The upper floors of the building are significantly setback from the street to minimize the mass of the building. The uppers floors also conform to the reduced square footages allowances per the LDRs. Portions of the ground floor retail/office area have areas of 2-story volume and the long colonnade give the building an appearance of a tali base floor. (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 style. 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. The proposed building includes a parking garage within the principal building on the first and second story. Vehicular access to the ground floor garage is provided at the rear of the building via the alley reducing the appearance of a parking garage. The access to the parking of the second floor is provided via a ramp. This is a similar parking arrangement to the recently built Hyatt Place Hotel. There are retail bays located on the first floor of S.E. 3rd Avenue and wrap the corner of S.E. 18t Street to block views of the garage from the street. Having the retail at the ground floor also allows large window area across most of the ground floor facade. Also added is a wavy design element cut outs with mesh to further add design element at the front and sides of the garage. The wavy design is carried through to the rear and north side of the project: This design feature is consistent with the projected wavy aluminum canopies that align the colonnade of SE 3d Avenue. The upper level projected balconies have geometric shapes and wrap around that also evoke the idea of waves in motion. Thus, there is a consistency with these different design elements that are consistent throughout all levels of the building and in different forms. (c) 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 flats. 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 includes a total of 48 units comprised of one-bedroom and two-bedroom for sale units. Twenty-four (24) units are 2 bedroom and twenty-four (24) are 1 bedroom. There are no efficiencies. There are multiple floor plans available. The living area varies among units. Some units will have terraces, while other will have balconies. 12 Planning and Zoning Board Staff Report: Meeting of March 16,2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(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 building(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 project design creates an overall unified architectural character and image by the use of common elements on and within the building and ancillary parts of the project. Decorative light fixtures, a landscaped public plaza area with decorative pavers, and the use of bold urban colors and a modern design are some of the common design elements that add character to the project. Additionally, the residents will enjoy the use of on-site amenities as identified below. (e) 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 common terrace areas and public plaza are inviting meeting places for the residents to leisurely socialize. Similarly, on the ground level, a fitness center is provided for both residents and the public. Additional recreational opportunities for the residents could be included as alternative options and staff recommends reduction of the large private terrace areas on the third floor to allow expansion of the proposed common terrace area with additional amenities for all residents. The currently proposed rooftop amenity deck on the 5th floor of the development is minimal and only provides seating area. This is recommended as a condition of approval. (t) 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 in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The project is inherently pedestrian friendly due to its proximity to a lively downtown area surrounding the site. The main pedestrian access to SE Td Avenue is via the main lobby area in the center of the building, encouraging pedestrian activity to the street. The provision of eight foot (8') sidewalks along SE 1st Street and SE 3rd Avenue is required and shall be clearly represented in the form of a dimensioned unobstructed pedestrian pathway on the plans. Also, the proposed material (i.e. brick pavers or concrete) and design for the sidewalk and public plaza area shall be presented in the form of a manufacturer's pamphlet or material samples. These are attached as conditions of approval (g) The development provides opportunities to share parking, access ways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides for ten (10) parallel parking spaces to be constructed along SE 3`d Avenue. These spaces are not required to meet the parking requirements of the project. All of these spaces may be used by the public. 13 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (7596) 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. In association with the Metropolitan, nonresidential uses are provided along SE 1st Street. However, the applicant has not specified the percentage of glass area along SE 1St Street. Upon provision of this site data (and plan revisions, if deemed necessary), this performance standard will be met. (i) 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. if necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The landscape plan for the project is in excess of the minimum standards. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation and paving interactions. The landscape plan has been designed incorporate street trees along SE 3rd Avenue and SE 1st Street. These trees will provide shading and add rhyme while walking along SE 3rd Avenue. There is also a plaza surrounded by retail space and the residential lobby. There will also be landscaping located within in the plaza. Of the nine (9) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal substantially complies with six (6) performance standards (a), (b), (c), (d), (g) and (i). The development partially complies with performance standard (e), however, needs to further address on-site amenities for residents. The site does not currently comply with two (2) performance standards (f) and (h). The site needs to provide the required eight foot (8') unobstructed pedestrian paths along SE 3ra Avenue and SE 1St Street and define the proposed material for the public plaza and sidewalks to assure compatibility with the surrounding pedestrian network. Also, the retail along SE V5t Streets needs to provide 75% glass transparency or demonstrate compliance within the site data chart on the site plan. Given modifications to the plans to address these (3) performance standards (e), (f) and (h), then it will be appropriate to grant the requested increase in density. COMPLIANCE.WITH THE LAND DEVELOPMENT REGULATIONS In conjunction with the Conditional Use request a Class V Site Plan was submitted which staff has reviewed. Based upon staff's review of the Class V Site Plan and site inspections, the following analysis is provided. Building Setbacks & Frontage Requirements - Design Guidelines: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.4.13fl(4)(c)(1), will be required. This LDR Section requires the portion of the structure that is ground floor to 25' in height shall be setback a maximum of ten feet (10') for at least (seventy percent) 70% of the frontage and a maximum of ninety percent (90%) of the frontage. The remaining length shall be set back a minimum of fifteen feet (15'). Due to provision of the public plaza, 60.4% (70% min. allowed) is provided at a 10' maximum and 39.6% (30% max. allowed) 14 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development is provided at a 15' minimum. The applicant must either revise the plans to comply or request a waiver. This will be further addressed during the site plan review process. Off-Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Type of Unit Total No. of Spaces Parking Spaces Parking Spaces Units per Unit Required Provided Efficient 1 room 0 1.0 0 0 1 bedroom 24 1.25 30 30 2 bedrooms 24 1.75 42 42 Guest parking For the first 20 units 20 0.5 10 15 For units 21-50 28 0.3 8 10 For units 51 and above 0 0.2 0 Totals 90 97 As shown in the above table, ninety (90) parking spaces are required for the proposed 48-unit development and ninety-seven (97) spaces have been provided within the parking garage. Thus, this LDR requirement has been met. Under the shared parking provisions of the City's parking regulations, as shown on the table below, four (4) additional parking spaces are required (total of 94) to also support the retail and office components of the Metropolitan mixed-use building. Pursuant to CBD: Parking Weekday Weekday Weekday Weekend Weekend LDR 4.4.13(G)(1)(f) Req. Night Day Evening Day Evening Residential 72.00 72.00 43.20 64.80 57.60 64.80 Office 4.00 0.20 4.00 0.40 0.40 0.20 Commercial/Retail 12.00 0.60 8.40 10.80 12.00 8.40 Hotel 0.00 0.00 0.00 0.00 0.00 0.00 Restaurant 0.00 0.00 0.00 0.00 0.00 0.00 Entertainment/Recreational 0.00 0.00 0.00 0.00 0.00 0.00 Other/Guests/Reserved 18.00 18.00 18.00 18.00 18.00 18.00 total required 106.00 90.80 73.60 94.00 88.001 91.40 total provided 1 97.001 91 74 94 881 91 shared total The shared parking calculates the parking requirement at 94 spaces, whereas 97 spaces are currently proposed. Therefore, the parking demand for the site is met. On Street Parking: For the Metropolitan site, ten (10) on-street parking spaces are proposed to be provided along SE 3rd Avenue. The existing on-street parking spaces along SE Vt Street will be removed. Although these spaces will be available to the general public, they will also help to meet the short-term parking requirements of residents and guests of the project. Pursuant to LDR Section 4.6.9(E)(2)(a),(b), and (c), the following regulations apply to on-street parking: 15 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required. Where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Due the preexistence of these on-street parking areas, no parking credit is allowed per this provision of the Code. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes twenty-six (26) compact parking spaces located within the multi-level parking garage. This represents 27.65% of the total required spaces (94), thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of two (2) accessible parking spaces (72 x 2% = 2). The requirement for non-resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the eighteen (18) guest spaces will require one (1) additional accessible parking space, for a total of three (3) spaces required for the proposed development. Since five (5) handicap accessible parking spaces have been provided, this LDR requirement has been met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks and an air conditioned, secure bicycle storage area has been provided along SE 1St Street for the Metropolitan site. Thus, this requirement is met. Stacking Distance: Staff review of the Class V Site Plan indicates that the proposed plans meet the required stacking distance for the Metropolitan site. This LDR Section requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be twenty feet (20) when there are multiple points of access. The applicant has proposed at least twenty feet (20') of stacking off of the adjacent alley at both access points, which meets this requirement. However, the stacking 16 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development distance shall need to be labeled and dimensioned on the plans to demonstrate compliance. This will be addressed during the site plan approval process. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 has been provided. To meet CPTED (Crime Prevention Through Environmental Design) standards, increased lighting levels (i.e. beyond the minimum LDR requirements) have been provided for compliance. This is consistent with the levels provided for the "Sofa District Lofts & Offices" project. Although the foot candle levels are slightly lower than the more stringent CPTED recommended levels, they are still very much elevated in comparison to the LDR requirements for lighting. Loading: Provision of a minimum 12' x 30' area exclusively for loading/unloading is provided off of the existing 16' alley in the rear with access to a corridor leading to an elevator serving all five (5) floors. This meets the minimum requirements. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross-visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for driveway access points to the parking garage along the rear alleyway have been depicted. Pursuant to LDR Section 4.6.14(8)(2), the visibility triangle shall be the area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right-of-way, a length of twenty (20) feet along the street right-of-way, and the third side being a line connecting the ends of the other two lines. Visibility triangles at the entry point along SE 1st Street have been correctly depicted to demonstrate compliance with this LDR requirement. Pursuant to LDR Section 4.6.14(B)(3), within the Central Business District (CBD), the visibility triangle shall be the area formed by the intersection of two or more street rights-of-way with two sides of the triangular area being twenty (20) feet in length along each street, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. For the Metropolitan site, visibility triangles have been drawn at the intersection of SE 1st Street and SE 3rd Avenue. Thus, this requirement has been met. Open Space: No open space is required for this development, Central Business District requirements. However, plans indicate that 5.2% open space has been provided, which exceeds the standard for the Metropolitan site. Additionally, the 3,143 sq. ft. public accessible plaza (open to sky) will incorporate a fountain and sitting area and measures +1.8.3% of the post dedication developable site area. Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A-1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one-half the cost of a bus shelter prior to certification of the site plan for the Metropolitan site which fronts along SE 1st 17 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development Street served by the Palm Tran Route #81. This requirement will be addressed as part of the site plan review process. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) - Minimum residential floor area. There are 24 one-bedroom dwelling units that range in size from 890 to 1,390 square feet and 24 two-bedroom dwelling units that range in size from 1,175 square feet to 1,567 square feet. As demonstrated in the chart below, this LDR requirement has been met. Standard Provided Total, Compliance with'LDR (Sq. Ft.) (Sq. Ft.) Units Require ents? Dwelling Size Yes:: No Efficiency 400 0 0 NIA 1 Bedroom Units 600 890-11390 24 2 Bedroom Units 900 1,1751,567 24 • 3 Bedroom Units 1,250 NIA 0 NIA 4 Bedroom Units 1,500 NIA 0 NIA Right-of-Way Dedications: SE Td Avenue: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 3rd Avenue is 60' where no curb and gutter exists and 50' where curb and gutter exists. Currently, only 40' of right-of- way exists with curb and gutter. The applicant has chosen to voluntarily provide an additional five feet (6) of right-of-way along the east side of SE 3rd Avenue. The proposed site plan, landscape plan and civil plans currently depict the five foot (6) right-of-way dedication. Thus, this LDR requirement has been met. SE 1St Street: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 16t Street is 55' and only 50' of right-of-way currently exists. The applicant has chosen to voluntarily provide an additional 2.5' of right-of-way along the north side of SE 1St Street. The proposed site plan, landscape plan and civil plans currently depict the 2.5' right-of-way dedication. Thus, this LDR requirement has been met. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right-of-way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right-of-way dedication. Thus, this LDR requirement has been met. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the subject property in addition to the improvements on its side of the center line of the right-of-way. The existing 16-foot alley right-of-way, which abuts the east property line of the 18 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development subject property, is already improved, Paving of the additional 2' of alley right-of-way dedicated with this project is the obligation of the developer and will occur with construction of the project. Sidewalks: Staff review of the Class V Site Plan indicates that a waiver to LDR Section 6.1.3(B)(1)(f) will be required. This LDR Section requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8') wide. The applicant has proposed a five foot (5') sidewalk width along SE 1st Street and a 5'11" sidewalk along SE 3rd Avenue. Redesign to comply is suggested. Undergroundiing of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be place on the site plan. This requirement will be addressed during the site plan review process. Plat: The development proposal combines two (2) separate parcels and includes the dedication of right-of-way for SE 3rd Avenue, SE 1st Street and the adjacent 16' alley to the east. Therefore, a plat must be processed and recorded prior to issuance of a building permit. This requirement will be addressed during the site plan review process. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (4th) side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes trash rooms located interior to the building. Rolling dumpsters will be located along the alley for daily pick-up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Landscape Buffers: Staff preliminary review of the associated Class II Site Plan for the eight-space off-site parking lot for Suntrust Bank indicates that a waiver to LDR Section 4.6.16(H)(3)(d) will be required. This LDR Section requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3' landscape buffer along the south property line, which is 2' less than the minimum requirement. This waiver will be addressed during the site plan review process. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. Whether or not the proposed elevations meet the required separation and design standards will be evaluated during the site plan review process. Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(iv)(2) will be required. This LDR Section requires that the minimum transparency 19 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has not indicated the proposed percentage transparency along SE 1" Street. However, 75% transparency is provided along SE 3rd Avenue. This will be addressed during the site plan review process and an associated waiver will be processed, if deemed necessary. Staff review of the Class V Site Plan indicates that a waiver to LDR Section 4.4.135.4.c.1. will be required. This LDR Section requires that the portion of the structure that is ground floor to 25' in height shall be setback a maximum of ten feet (10') for at least (seventy percent) 70% of the frontage and a maximum of ninety percent (90%) of the frontage. The remaining length shall be set back a minimum of fifteen feet (15). Due to provision of the public plaza, 60.4% (70% min. allowed) is provided at a 10' maximum and 39.6% (30% max. allowed) is provided at a 15' minimum. This waiver will be addressed during the site plan review process. WAIVER ANALYSIS FOR CONDITIONAL USE Waiver— Maximum 30% One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units from the maximum allowed 30% to 50%. The applicant has submitted the following statement to support the waiver. "Although the number of one-bedroom units exceeds the above referenced provision, the program for this project is to provide for sale housing units to serve individuals look for an "in- town, walkable" lifestyle. The units are large when compared to the recent rental apartment projects being approved, In fact, the 1-bedroom units also have 1.5 baths and are 850-1390 sq. ft. which makes it larger than the minimum square footage requirement for 2-bedroom units under the LDRs. Approval of this waiver will allow for development that will provide more attainable living in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City's Downtown Master Plan and Comp Plan." Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City's goal is to create family/workforce housing. To accomplish this goal, the City created incentives for developers, including allowing additional density in the CBD through the conditional use process. The provisions and incentives of the family/workforce housing ordinance were structured to promote larger units for families, which is why there is a limit on the percentage of one-bedroom units allowed in projects under this program. 20 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development The Metropolitan project appears to target a specific segment of the population which includes young single professionals and young emerging professional couples with possibly one or two children. This is appropriate for a downtown residential development. Specifically, the project includes 24 one-bedroom units and 24 two-bedroom units, for a total of 48 units. That makes the ration 50% 1-bedrooms. Although the number of one-bedroom units exceeds the above referenced provision, the program for this project is to provide for sale housing units to serve individuals looking for an "in-town, walk able" lifestyle. The units are large when compared to the recent rental apartment projects being approved. In fact, the 1-bedroom units also have 1.5 baths and are 850-1390 sq. ft. which makes it larger than the minimum square footage requirement for 2-bedroom units under the LDRs. Approval of this waiver will allow for development that will provide more attainable living in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City's Downtown Master Plan and Comprehensive Plan. Therefore, the proposed waiver should not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe condition. Given the project's downtown location, staff is inclined to support a one-bedroom unit mix up to 50% in the CBD. The same consideration would be given to other projects in the CBD area, so approving this waiver would not result in the granting of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS Community Redevelopment Agency: The Community Redevelopment Agency (CRA) considered the Conditional Use requests to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and a height exceeding 48' (57' proposed) at its meeting of March 12, 2015 and rendered a recommendation of approval for the height increase, but disapproved the density increase by a vote of 4-2. However, they supported the associated waiver to the density request to allow 50% (30% max. standard) one-bedroom units. Downtown Development Authority: The Downtown Development Authority (DDA) unanimously recommended approval of the Conditional Use requests to allow a density exceeding 30 dwelling units per acre (51.67 du/ac proposed) and a height exceeding 48' (57' proposed) at its meeting of March 9, 2015. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Delray Beach Chamber of Commerce ❑ Delray Citizen's Coalition ❑ The Courtyards of Delray ❑ Osceola Park ❑ Mallory Square ❑ Delancey Realty LLC • Interloc Inc. • Big Time Restaurant Group ❑ Love 411 & Love LLC ❑ Skybar Holdings LLC ❑ Moffett Jeffrey & Moffett Tracy 21 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development ❑ Nitlow Inc. ❑ Abeleina Properties Inc. ❑ Leviathan Land Group Inc. Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property. Public notice signs were also erected along all public rights-of-way. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed conditional use request is to allow a density in excess of 30 units per acre within the CBD (51.67 du/ac is proposed) and a height exceeding 48' (57' requested with the building actually at 56'). As described in this staff report, the request for an increase in density above 30 units per acre is supportable as the project meets the Performance Standards found in LDR Section 4.4.13(1). Of the nine (9) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal substantially complies with six (6) performance standards (a), (b), (c), (d), (g) and (i). The development partially complies with performance standard (e), however, needs to further address on-site amenities for residents. The site does not currently comply with two (2) performance standards (f) and (h). The site needs to provide the required eight foot (8') unobstructed pedestrian paths along SE 3rd Avenue and SE 1st Street and define the proposed material for the public plaza and sidewalks to assure compatibility with the surrounding pedestrian network. Also, the retail along SE 1st Streets needs to provide 75% glass transparency or demonstrate compliance within the site data chart on the site plan. If modifications to the plans to address these (3) performance standards (e), (f) and (h) were to be presented, then it will be appropriate to grant the requested increase in density. The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties for the requested increase in density. It is noted that pursuant to LDR Section 4.4.13(1)(1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. As described in this staff report, the request for an increase in height above 48' is supportable as the project meets the standards outlined in 4.3.4(J)(4)(b)(i)(9). Based on the analysis provided within the staff report, the project can comply with all of the criteria, subject to compliance with the condition of approval that relates to a balance between the ratio of workforce units to market rate units, for consistency with LDR Sections 4.7.5(x) and (d). Therefore, the proposed development is eligible for an increase in height, subject to compliance with the condition of approval. Based on the Class V Site Plan and associated Class 11 Site Plan Modification submitted for the off-site parking lot to maintain parking compliance with Suntrust Bank, staff has identified five (5) waivers associated with the proposed Metropolitan mixed-use development. Four (4) of these waivers will be considered during the site plan review process. The applicant is also requesting a waiver to Section 4.7.9(i), which limits the percentage of 1-bedroom units to 30%. Since the conditional use for increased density requires that an affordable housing component be included in the development, the provisions of Article 4.7, "Family/Workforce Housing" must be 22 Planning and Zoning Board Staff Report: Meeting of March 16, 2015 Conditional Use Requests for increased Height and Density for The Metropolitan Mixed-Use Development considered with the conditional use. Staff does support a waiver to the maximum 30% one bedroom unit mix no greater than 50%, subject to the conditions of approval being addressed. ALTERNATIVE ACTIONS A. Move to postpone a recommendation for the conditional use requests and associated waiver for an increase in one-bedroom unit mix to 50%, an increase in density to 51.67 du/ac and an increase in height to 57' for the Metropolitan where a maximum one-bedroom unit mix of 30% is allowed, a maximum density of thirty (30) units per acre is allowed and a maximum height of 48' is allowed, by choosing to continue review of the development proposal and offer further direction. B. Move a recommendation of approval for the conditional use requests and associated waiver for an increase in one-bedroom unit mix to 50%, an increase in density to 51.67 du/ac and an increase in height to 57' for the Metropolitan where a maximum one-bedroom unit mix of 30% is allowed, a maximum density of thirty (30) units per acre is allowed and a maximum height of 48' is allowed, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial for the conditional use requests and associated waiver for an increase in one-bedroom unit mix to 50%, an increase in density to 51.67 du/ac and an increase in height to 57' for the Metropolitan where a maximum one-bedroom unit mix of 30% is allowed, a maximum density of thirty (30) units per acre is allowed and a maximum height of 48' is allowed , by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION By Separate Motions: Waiver to Percentage 9-Bedroom Units: Recommend approval to the City Commission for the waiver request to LDR Section 4.7.9(1), to allow the increase in the percentage of one-bedroom units from the maximum allowed 30% to up to 50%, based upon positive findings with respect to LDR Section 2.4.5(E). Conditional Use For Height: Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (57' proposed) for the Metropolitan, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. That the applicant submit a revised application for Class V Site Plan approval which at a minimum addresses the following issue identified in this staff report: a. Five (5) workforce housing units are required and noted on the proposed floor plans. However, the ratio of the market rate to workforce housing units is not currently met. One (1) additional two-bedroom workforce housing unit will be deemed necessary to meet this requirement. Upon resolution of match ratio requirement, the proposed workforce housing units will be compliant with LDR Sections 4.7.5(a) and (d). 23 Planning and Zoning Board Staff Report: Meeting of March 16,2015 Conditional Use Requests for Increased Height and Density for The Metropolitan Mixed-Use Development Conditional Use For Density.* Move a recommendation of approval to the City Commission of the conditional use request to allow a density in excess of 30 units per acre (51.67 du/ac) for the Metropolitan, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit a revised application for Class V Site Plan approval which at a minimum addresses the following issues identified in this staff report: a. Applicant agrees to satisfy obligation toward a bus shelter contribution in association with the project, with location and proper notation mentioned on the plans. b. The private terraces on the third floor plan be reduced to allow expansion of the common terrace area for utilization by all residents and to accommodate additional recreational options for residents and their guests. c. Applicant agrees to comply with the required eight foot (8) sidewalk widths. d. Applicant agrees to comply with the minimum transparency or glass surface area on the ground floor of seventy-five percent (75%) along SE 15i Street. e. Applicant agrees to comply with CBD setback and step back standards for the portion of the structure that is ground floor to 25' in height. 2. That the applicant submit a revised application for Class 11 Site Plan modification approval which at a minimum addresses the following issues identified in this staff report: a. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a three foot (3') landscape buffer at the south property line, which is two feet (2') less than the minimum requirement. 3. Verification from the Palm Beach County School District that the revised project containing 48 units will meet school concurrency. 4. Verification from the Palm Beach County Traffic Division that the revised project containing 48 units will meet traffic concurrency. Attachments: Proposed Plans Staff Report Prepared by: • Candi N.Jefferson, Senior Planner 24 / J / f N ƒ / $ ® z E Atlantic Ave \ _ / & . U) e .\ar KT LU \ \ _ \ \ � u U) SE4a m® 2 r ± m THE METROPOLITAN " �iOmSi Parking . ® NORTH f ` Subject Propery! �OCATIO N MA P ~ . ._ P� PLANNING m� � » DEPARTMENT Document Path: S:\Planning &Z 6n§mB2mG1STo aon9apaThe Metropolitan at DGmZmx 5 —Al-Z O I-' Q�Z3-dH �:>I*i V2 2 yy mc�uns woa oivwax Moab . �■ � �g�� 1LVa'HU iY NYll'lO�0ai91'i III. �j --`— � �" t`f 12f � s bvb£L'I:1'IL'1+rIiHEb'll'LIQ °#' 1 5 g affmav axeasee U po V V 3 OLLm 6 W M LLQLL LL N n o � m a z o 171 O _ o � ¢� � IL �QN�=2 UJ CO W � � ❑ z � v o y a N �� ¢W o 9 z Um Pr 911 §€ U a o r o � o a sc o U! 11 A¢1 fog °$j"RM 9w Z w Y�4�W �g2 a S;K1' -a 44s �R � S°W nAM. - Q Q omuw 311 Y m c " _Rug H J m P Jai€ W3= 3 a g g �s a Di g-0 Lu Z ado s � �, g wm 's W3y `ag giEe° W v o Lu HUPM Est-fla Mhu'RUH.;�� sw � � �o Z p>'� € " s5 mw eg z v aka& a m a��9=ig Z z n� a f6€s �s o " � °gm� Wg Y °a °ais o w a€2M s o s° ° i > �3�� .r e3.�o�"5 6 - V j 0. W 4 m v ❑ z o0 z a u U D~ D �_ o W N n4}4� 6 z w z to w .-•1 pt ❑ U m O a w LM S w 0�- o 0– � o { xc� ❑ ooaaa � 9 �w—� .. I f 8 ❑°o mmw n000mo Q oo }'� [.]a_j zil i o 0~Q� 3 zoyoaoz°w a�emmao-� a- d rc 0.ja�4p��c�mc� yavvvmo z V a¢da zaau�izLL i3 uvi �cnv�u.wmwwwaw� n.3a a3mu �o �Q�qW yy �LLmmmmmr-� mm -ssa 5191.OIDY 3m'x n ZS�USI 11451 YVJ 10a za5(%I",HpNd RYA3nanS AdVaNnos _� E N Wi1�OdOai3YN 3Hi 413 ° @ INN � INA halwAd W IRMIMPOWN IN 11 oil €a e6sd.�sls� �nrMB ��ia:^ is set ' s f � j , Y � � dad h I. IN imov e 1' 0' °wr ti y LOT 3J r 4 r 11 _ IIi L073f� e% av y i' 11 1{ +LOT 31 I 3. I �s €f I! U 1-• r N L LOT z9 'x , TV I D $ r I a I C=3 1 a � 1 24 N LOT A%Y I O mws� f a / COT 25 I 5 I I�� 4wc f �I o LOT 2d f i } ,LOT 11 -�� \ 4 a3�8�x day k 5 LOr .— 2 w— � �-E.1ST BTREET� —e ¢ /keg LAWRENCE STREET siR£ a ■ �a IcbESV�umrNacnl roe - ga _ �']T'xVx'19a SY NV.i1'10dOluac4�IL � y jf- a■■ 6 rrv.rr7oaoxsi I gym. a P z f s w g- -_ — 1 _ t n all gg q$ I � � _ - �i g3 ®S�L Y r�l g p b d`• IL a� 5 MM 10 ffrr 1f °\ Me a a - - 88 {3s B5B i P yy AUll I I r _ i rye z f I :\_l H5a $� x ss 11 °e g1 i X59 - l H 11 2t i i L - - _ -. - - - - - - - - - - _._ - - - - - _ - IEff vawoat'Nawv�oa � ���a o ,;,;��■ �°�_ � maursavoxotvvevx cool ___ PteP�,, o µ�` sz'xvxma tv nlvLioaoxr�^r�n �" C° r L3 ■■ „s 3f1DAYUAE95£E tsvu�oaox[3w LL, gall, Ll Iz o 0 jq p A li 51�� I 4 st IoM M-MIRM n_ S° I �z 3NIl ALa3dOtld 3Nn,WEWO>id I � 1 C b r w r L > LL co 1 _ -- � I Ir1 , 1 _y -� 1 frrl I I w � rr s r t kq aaag _ 3M, ° I _ ao IZ - i1 J l � I L...-. . 1 " _ o ss3a'SNI 'o 1 I a I �Ifla m s83ED3111Y IL ru lff �� oo o� I ti i F I i I ]GG n 1 I 3NIl Al}33dOi3d 3NfI kWELloud I ° vsv_aen Mrv$ g ° IN�YR1�9 nxrvf .w aw,xoa.�w �vumxfawimre.�se — — — — — —.. — — — — — — — — — — — — — — — — — — — — — ��cns.c:>-a.zrH >--"a -a i-,ior cl%a ri-i i lESCE YtlILO'Id'NQLVHYJ(lII p C R d W� �NR� Loi2il[LS OV01F dL'VNMA,OOS � � Y� � ° �• ���� rosc�vi�,adag evaria $ � anxanv ous as ss � }�vu � Ho 0 a■■" e� � � �oxo���rz .Y � � j O F^ � 4L U b W g Z g I3NFl A1H3dO�ld 3NIl A.I.il3doild 1 � l HT 1 ® - o f LL + f E I I lL i 1 5 I I If f a f� $' — 0 as � O I LL RT&7� , = 1 s WI 1 s I P W� ff I a! r� ® _ low N-- i}'.B •'�a la , 1 �g � �y® Ins. I I I m WEI EM Z'- �I O I ° � 0. �4 s� -- � e18£� �-1VN ✓' 'f�' 4 3NI1 A1.t13dOE]d 3NIl A.L213d0}Jd IAls`91399 N�n13�vumxa�MVkfi9 iWJVS33sss NM]�'lfi6tlj�N�Qll6 Ias lFZ s� - to ��.1.1 H �::5"a-Tv S :3KOr c-l"a H c:>I� Q �C>EEZ'CIRjO'Ii'N4i S A I p 2 (Af'SWI ltYON 0.C.YYVY.i WI � C' '�'1'I',LYN'Ida SY Ntlli'IOdOYi•"44Y�1i �....,\ aN �O �a � H(1tS,4Atl Q1IE iI5 EE uJ Z UO A »dR^ 0 m W � LL co V � �� Ell ff aE z�n I wo f o° �Nn,uaaaoad [�j T W � I J H � I 'YpwnG 9A � gFrc 0 a m I I a om I I U' Ulu Ua „ s gW9Q oil I I O U I C w maw LL W W F— o � dNII ua dOad nos�N�rvl�r,e,o II s� %�� a sCC VallIYm Ri W VaoH a ?� LnE 9 avow o Vl+[A LNT N y AtlNT.iQ AV NYllli ollleiN[ ? p 'LLrrzz 9= aaNaAV CUE HS£s Ryinodomawam It ¢4��q gmY _ �s - B.N. 8f�n . Inp� ow m �ml _- I I I I° Yi w E I z I�Ell g 0 0 I 'r CIO � o w _m' I �< i N 0 g CIO U w b 4 j I IIA ElROP01l�rW I ' I 4 I I IED[D 0 i I I I I I III I I I I I I I ILL�f �K 8 aa1 <R aLLa e a a e I � I o8g ka n I S@ S c J urx Ines u� .- I LLB I I j I I I I I I i I I o - I°I I - �Eo I I i w I - - f o z i I I I I i i j I i I i I I I I I ws fi s o g ad ❑ — — — - - ---- - - - - - - - - - - - s, � cc>ccamxma'xnrvxinon � ��c a o■�. � z��§ �'n'xva�asa NVJS'i0�d01[F�'33tLi. � � 'b o � a 6sbct'F3'IL�V]QAw'19a aa F Hf N3AV QtIE HS ES ■ Ills o NtlSI`fodoTI.L3Nil{7. g ^� I I LL I ern � I __ arv�Alh3doGdadv3lw�_ —f7 _ hL t I I I t I � t Till o� f I L_ - - - - - -- --- - - - - - - - — — — — - - - - - -- - - " L 4L-ILn.s���.ZIH S -a1l�zOIr c1r rd gF S[t[£Y�lOGI'NQLW Y]O8 � � '�� � tOEH1VIS(fY01FOlYYtYA SODS � ��n 5 � o■ �� � � �'AVaz3�LYNYVLaaow�+caw a .�� '� �'^ B� � ybk E6'13`H�Ve1fLAtl11T.i0 � F I o EIe 2 d� I I I p! I o d N°m d co m 8 ID l I ---- a F Gtr 2 R o g° ti ) �, $gym 8 e I u q M� r DDal woo I I . { i'.I = sly E N I T- - — L — _ __ — - — — — -— ---- - - - - - ---- - - - -- — I '3�In,r,'��.1.I S aNOr ca v �I�r y�, � [Eb£EY�il01i•NO1Y11tl�OH °� � �sa�a .. � 9� mcgunsnvouaarwva toob � ° .. � � a� � �n'zvuTanxv NV�•io.coav�aru g ■ to �`_ ? � V ■■ 5 9� annITO QZIS HS£E b'.T1'IO N i62I.L'�Ni flH.l I v cm E UI I I I �a ule � E O % N o ��s I T �r 4� I om L cq III a e ' 3 c o o a®I •� II ' �I L - -- -- - - - -- - - - --- - - - --- - - - - - - - _ _ _N 7- v 00 low co 4_; r_ ml E 0 lz�L 0 add o 7s TT K NO GG 0 4j o LO t ' 2 9"d _ C . 71 - Eli CIO: ----J !L 2I S All F= 10 0 L - - -- - - - - - - - - - - - - - - - - - - - - - - --- - - - Awl-r� a icecsvmaou'Harvxv�oe as ■ - � � Zi'+'hyvrad itl tlVSlTDdbxS]Vi]IlL 6b6EE"L97E:IYde AYt1"QQ -tile ��w �C � ■■ 'g end crux as cc Ld 1 I rM1 l i� i l m l � W Ems � r+N r 11 rx 1 � k Ifs l EI IiI {4f f l gag iceccvmnma`NOivxv�oa � � �-w_,a � we�avaaoivrrvaioo� a �a O ■ � ��� �on'xvv aav Hvmoaow.�v�r€r. � � � �" ��� r 5 $ RONHAV auc as cc ■■� e�R� � xvrl7oaau.��arua�, � �� � I I I I li III � c`o N CIO I _. m l lr -- I � �s �a I 1 L - - - - _ ._ - - _ - - - - - _ — - - --- - - - - ---- - - --- _ WAS n .. .s2100J-11W iron minyy�_ 10LAlSnC QYOa plglyVA 1001 a � f R� -�'TI'xvu'1dfISdI1Y11"IOd�N'�ES � 'JI � ryry .°5�.] �� Y• I� - 496EE"Id 1�Y38 AYV'33Q �� �� a gg wNa^V WE HS EE 0 liJ g �2 ���om I mR�RB A A�a� N d (J ~ r5 0 O gg I n.�a�aam °� O � g I j i lire 1 E, a d 1 � VII 1 € up v ME 3 CHI 11 t d5 P1 p 1A, �� - Ex moll I II •1_ -- -- r ° 1 ® m m m ml - - - - 9sse-icz( 7 zo, Doss-s a _ �a°�`:�':"�' dQI�IO'S:� `FT�d'3a �ViI`i�d mc�e 9xe��no,e aa,l•a RoM�,o,o o�moWU 96"°"° .r urw�wm�uvoui�un vowaw o HAY ON aS :8 IS :LBi HS sa:htvsnnsNd�•EVytssE�xos[ti�3• sx�ac.E�x3 � � i 7 0 o I�1�,T,T'IOd62I,L;3IhI3HJ, 3� Ae ���� �ao:[ nFV1�t ,�inin astsoarYO� 5� asp m 4 � O O a ,I 13 ,- r s 1 z' IA_ I - I M. a1 r f 7 I as I � [ i g�� 4 -, ,— - S E 1ST STI EFT $B 3 F - 4 LAWRENCE S AEET�� — a a g d p a Ss5 T z [ I y 'I � 4� B �� p i11111111i1 �s as i �a�a VQI2T0'I3 `H3V3a �ViPI�Q es srrirs nauN�''wo=e,co,ra AoM aoa_:ladoosm esa ro¢vxi�wm m�vaue'u� wsv � .it HAV Mdo as V ,LS IST as sKi—LInsNoa'I-VIKSI O141&mz•YV slt9�ru�xa ,� °z 7TR s d ,a span v NV LIIOd02I L3Y1 3H vaisaoo+nua��%� o o y r - rig rvvo�s icnim un�e a .u7urr m KY1,1 9DYNIVBQ q `JN[AVd A8 1YG G%43 o _ c CJ + yam- � 1 ' a Rip f 8 lj -S+Y. 99 b 1 9�3 f f zyox ° f . wxB 0.+ 1 tea°,, ? rF u 'ON �Qf>>F �F%&o MH a�<�m NsFZ °ga zF Ju {h _ I Y z°S.. STF EE k _ Qo W '� o �q oh ad LAWRENCES RE ;� -Hd CD ' s f I s5S9—YGZ ISS m ass - �a°LwdE$'� VQI2T01.I H�VffH ,CV21I�Q +Y.s-r°°I�a v,°=a Roma pax�,.°i'u°aidro''"0°I,s`i ssi°vv � _... RAY d2iE aS 2? 3S IST as sanrvc7nsro� vivaixNO EnrTS• saa�xE�xa ,z z ° �w�-w�.w a z i as Y�r� NVII'lodoxr.RN HH1 IEj=Cjj°AUDI �; F mm H �� "rJN9 a Zi03 NV'Id 27'3,LVhl$,LSVbi �8 2]&I.VSi � a n �5 -+ g a v o�4 o Ah �g f II6 I � E [� Ilk f @ \bc fr, I�o � 1 Ira -------- .-. .. if 3 � 1 ! a ' fl �s¢> =gig =p WE AW sue= BOO 543 b° � g;nS m"° N OR% �o�° pa 9=p s-= e Sa o Plo I g - 8 ago j�'f'� �yv 1 6?6 \R##� Fqo = lY ° xi:Fu €tiro¢ 011 FF f L 3�5_E,1ST L LAWRENCE STRUT y !� Wi q =xd _ r` n_411.;p( t f o3a H �IV�Q ��II{r nPiy ey{�LL 21MHIM�a aYed B8i 4a n '3 de'3NlT Na£4" �zIofaII 'ED 4ff(i NAV U10 HS 72 ZS LST aS ssrrvc�nsHO�ivaa�ly o�rnr> asa�3ra�x� ,F $ o I3y,L odD2TMNi HUI s�imrtl r.°�n:n- :HOc1 S'IIV.L'Q 'AnVNIVBQ �3 JNIQtld P ti �d s�3 a r A Zjj IN 3o e33Y sEe °°gg'eU r � i @4 wa 1 a: a"ae I s a a-s �y Ens �zv v � ¢€;• 6s Ro n I s N �a s PIN ?fi gg '� n: E�e a3 11 I{�a, R 94 wm 1 .eE 4E�8' 4� sRa 9vB� SSL oile d a6 s 3 0=_4 e 3a y g 8 ]a�ws vwv v rR NJ A. ��•�d� 6 e� � aa•_���s A�^g �� tigs i y_AI • i ' l%1 xo-J W5� 1557 awyd 1 93tl V ` VQ[2307,� H es trLSCC cFl9 id'WOaB Ao�l°a.co,H eno�g.lEdcoyd 8fi'. Dtl3ff AV2[T�Q wuvneowm du 3<.=���ai�9� .ti QAV Q?IE QS R SS ISI HS SSNYMnsilM 7YSNaNN4)NiANZ• s2s3mlDNa ` ,F o NVIPlodo law Hill amass©aaE� � F �� :ow - s h.>n and ns ev a�a cV c o � a�� lI03 6'iiVLaN R9VNIVdC[ V DKuvd d �� 95 e� 8�� E• �� s d Rk I y i MVR 3em°em v e�ff2 a. n� zE 5 n K hi g�g�E^E z ^ a 9 K _.... VOL ° n } ' @e 5 w 1,iA.q er o°g p6 7 "a� • '' I ONE BAR IS LP c gqKIN Y €a � Kss� —acZ UM�oj pp45-61L y�4d a'�a'vrY a VQT?IO`I:I 'Hayaa ,LV2T'I�Q asiaazz"a�ou'ms s�un'u eya r oaa`wa esz so4s 9 r ao ur_�v o .1r W anc as v LS ,LST as sinrvi�nsNO�7viNawnox n�a• saaaN[� a ° H° I1V,LI'IOd02I��Ir� HII,L � xru 3<a me xm3n sur/ ® x3 x�iw'om�.°iax 'ZIOd S'IIV,L:IQ �JVNIt'i[Q 7? `JNIAdd IT OE a �s� m w� � ag6a �9 0 �o O� 3 a e �g'� � x �Jp s�sa° s Ask i!H €URR- Fy � z- GG1l I PH N Wo i` all 115 MI Vila sH IN I < ' m w Nan Pd a 4 pew o� o ���_ g 1a e� 5 s� �da na r - �� 1 S 1 a win X5 a hug N � bo a °as p°z € o� ' w 3� =F ° °8 8oQ sw W 'oz'se 'g�S3 - e o s 4 oLLG n�Y owl 71 9 owns !psy a °� shop hi all 21 V C P � dog Hems IN NO =al 11, 55 gag 1op �� �< � s�� 4 esv ova p ° is NINHh" IEM50101 ol o � � q I APM g' �f � w �€� �� e s w e a nom a b AM 144 W 152 u WE o 5 1 ON Ell w 11-1013 €:19 nip "' MP :�o s�� as pug a in A van to z alms on 2 z>x� Off` sv,ox !Wig W � � z� w -gym 1 a" h% g >= =3° Xm E a A_ # g `sK - < o °l-_'` ��oHd gym° T3 a � s °woom oa< R g �sg� as has=p os�� Q��� vl ;A Pon > M�t @g � n ®o =amp"$� _now awn „x Pm on. Fyn, dam°' -p °a> #�� � s�°� �FO� e� �RAM�g gwg @8 ,°° Ga �° �"FS°e° a'�M— —12 €p 0 'Yia�$ � a°°° �c} s 1°��'e� �4d ` 4k- 12€ 1g Asa`° �< �a m �� y°ha°°" „° qn.'F S ga = 7 o a _ sd N� mgh°off"I _` a �w =�Q °p ` d a = ,3 0 �a 400 Lv� as m s m 61=�� tia� ss m=° = a« aaLL < o €n ` N w �€ �aoa °s K-m � r�" Le ° a°�<gR 4y 1 gy =ga ga 4 � 1 sM wpz 4� rim#�°w<, ���£�3 �zib �`€myo� ""g u� �b 4� °����6z sr; ¢d o¢ 2i j ss—tu�ws}�• ao��� VQI2T0'I3 `FIOV3H AV2T73Q ess°°>ric�oP�u wa.e comas°���.iea id aei°a a s x xauriuo�u ea .�Wrn vaieov F c h aAV QaS AS * ,LS IST AS s,u,vi�nsao� 7vsN�vuotl[nNa• suaauc�u� N .A MV,LI'IOci02IA yll NHL ueisaaogn V�;, 01 �to PCn m�a 3[s�aa 3sx3x slli Vi ® �;�oxx / 'A �•: a ae �. xo,+ �2IOd $7IV,1,'3Q 2I'3,1,VaN.�S,SVSI � 2i�SVh1 Nil a� n a €a IS Volvo if oil do ion, o - z a N Jim ��' M }a�� q � tt �� w �� � tlY Off M� Yv m �Sy� 6 IFa�g83 °°�. No Rol O NIS 5 WON to h = g gg °z s y9"d s � uesza ens$ none§@ G �<�ax� < y o �a= 's�5 s i F z N V�s�W ;A N Q W a�$e stl3�k �£ �- a� 9 $ y �3ZI P dd��€ma��� Y; gy=m ' s° �� R' a 2° ^ ���.4 $ §ffh' Ua3 d� b��f3u'§3Zw-g�m $z: d � � N [ ° „d a 3e3 ,.cm�s�€�IORI@dC6 s°s_IRI 99dr '^��.�£ �FE MUM �'3 t'S y3�S f S63�fa�€5RIa w 83gd eta �° `�� a° Qm� _. ���� �a �egaaaadar s � $ s e� e3R�»��=� spser f o�x V 7 e�tliff,50 Y4'Icag Ao+pp FaN wow�ddeiud BE as Y r VQTHo'I3 'HV;IQ KYU'IHQ .,E w+u iiE�w�a sa nr��ua�A raia�+ z ,h - aAV (IHP as Td IS IST HS UKva.TV.90 rvtx��axox3nxa• sup �x:t h a o raN —rn•u uc n/six M'Ea."i'or iT03 u6iseaalnu3 e HV7d NOSiA�id HOISf]IIOd aa xa Al s m•°•m Ilk mew.` �S^� °�e� � 4d '68 � �g " ° 5 ego€� P6 mg Mg pig mh a ��aag jai _ 3m � aU J!ig — �� Nts Nil 4 H� a s9 P. z U I i a 4 Ia I 2 ' I .. LAWRENCE STAEE7� asei�r essarace v ol�s:�e.e co,laa Rax9 +fw'a sss vd _ 3a VQI2I0'I3 `H.'3V�Q �CV2l'I'3ff a V (Inn gS �8 ,LS IST QS a,rvs ns oa'vsxav�xoaT�a• sxssxlaN'a ,�° ffi ffm ova „u�aiw°o �xoa Nv'ia �.rrtl,Ln a,Ltsoareo0 � °" ° O .o oa I I J I h k \ j e\a j f jr za 409�t j iNz I _� io la, 7 _ i o S E,191 ST E_ET 1 LAWRENCE S AEET a I y I J � Illlllllll a� ' 4 � IIIlilllll a G5v `aA a 0) c o r ? 0 ii ^ s - scnYm [11 fl wg! _.�a_ A,aaan ILI 1 + 3\3 _ sliail3i-°�°aaa:A F24�itntx lFdt�;3ii°°�titfdAA°�ai �9 1 i - � � t•iteEBfat�tti ltt:::td$3!:$:attYittidlda�tffft 7 f_ xaaA..�SZ;,A88a8ka5ReAea4aa9;,irl,raa�sulyayAAi3 1 1 1 !�J Y 3, :%ti LY r$eY 3$a a$A A'33 a §e AS e.is%A 43 p y gg e�aa s ^sS3E�i�,�2� °�$a 8as� 7 9 � J �#`ei• i�Hai; �_._----. W n pEzgne 3E9i��13� - k- Y° 8 e$ a:di8� N '0 0) Do- .a ;t w � �• � °a9 444444 aaaaaaadda- } ' { 3 i 3 it# i ` __!�!➢! Q i,i i#}6k4i,?tid$E?s;�,}] }i;s J`i k it�ag pp{i i J�}l'i c J}aPp; !¢C��•}-'g J'a�s E J}E Ja!{s!j(d�{;}# a•�a l j sPii.k i yE e��Q �a}�o1�!n€! � I�Ii a a��€� E4 +i; loan` y 6',ialrJ� } Py } :a J'•- '�f � ; tE } �i I"=�J !iry �; E' i a° #9}[�E(° J =Si }k1i}, , Q• i¢. itr Ek a:3.ks s#rJ. i` 3 gg E{1 lit, !i ! : s � � � s aria t�-= Ls g s •a7kzfilt t f =Fl Y ]; i a ?F i 31`'1{ y al aif Egai s E as e 9 §!1!��S� t, d P .t a!€-t�l 3 ; � 'a j} !{ ! i11 sl;`� '�€ l:J [E;[a ! 13l € k ai IQ 91 ' Y }-} s` ��� �ss 13 • ,s s }} PFt i33[yF t'£3 8 x e 9 �'s 0101� t�ia: ; �t3�La 3YS � ° 4 a �i #{#E] ,4}i]` }�Js€• �:J gg99'E� Y, � �6 � ��@ �• �6 } Qati� i F 1 3a,ti g)`1• sE'Ej gg�;! ��IM �3�? �•qt �j! a Jays• ���� !te t{! I� z#J#E�Y 3 �� 7 i k ; °� i d �=3�} �•k�gee���j it e! fF 1 --g� �r S1?JE• Ea! ��� 7 1f ilsk j`3 1 t 3 at F °F it 'P3 � � !. ; ���i'8� j;aE3..i it aa, rtl ps,ti1 Q Ej t} a'!I i I- WHO E i 3 EQ 1 �i! Nil Ji J.}1 � 73 S S' i#•�,i �� 3 1.xQ.!i.i3s- aF;!} sta ' 1�}3'!l,! }3$3 !ilE�{ +3:,s;i.ii si ,s I l x a I+- }, f1 al d 5 ] R ]i 1 t! €€�•� 3, 3Fs 5.a sE�a J as 1P s f e ! # # r € i • t �; E1 t :! a 1 eE=E'}rt,s 3 a �?�- E]{`;} r� ,� Hit`sy � Hopi f, z_p}�it !o il Y 1! 3 � }� 1 lkj� E �sE �`j�Yl,(�]t333'_j S3 2• !3 !` 22 Will �J �J i i��a r3 : � a!:s, :sj} E•3 �J � {! 1€ 3;Es#} 6 f S a.5 3 ppiJ s !J j ,tJr�ai, [31i at is Ia i° P } taEt psid i 3Es:§ 31k Pas]!JJ F<F1 3i Ih r P€73pigg t aas J�i7ri'E}EP s s 3 s i s FPAi Y €Fa.:f• 4]+Ja}at 1LI 1r ]{T�F jii F 1!! i F �a }EF dsE.!;3 s it 1 i k "�' 7 t S sk iFst5$ta SIES3sFi 51 F: ]�3�Se p��d 0, e e $z a'# 9 E r ` €1-Y 3•a ! 3.a, q � >!t r i �_ t ! }� 1i a�F Ft aa•I # ;r !i{. 3,r sJ s} 11 ay aE} isaid sa li 5€si, 'l� s ikF iiE'3t s}a a Ig1 0 { J1 r i E: is1P i till 1a �!i a bpi sa�i 1 =l:a$i al .�,} Y}zl}{3a SE yap' 3•gJll E,fsy J€ gi 3' Sb -"! C o U 3533 3 i'E E a li�=Li� i Ill J13• ]S a a1 i , s tf.]alaa !i• a'g?� 3', }3=3E E 3 -!}}xiJ _ j P j.a d ' 3# l �: #. 1 1a3 Y }ss R 1t 3a a� �s 1¢;r£°3 i �3i. g s �•�j x 3 �3 �{'4ati� � t � t , }- y SEna Ea: � i�aJ {aJrsa s s.Y1 i1i 'Eil_s1'P �!•, ! as [?` [, E 'ss E. k ,- a !yS gk t }71Fo-,s[r� -s 3 !!! i [} t PkE[tt 3}i 3 i Pa3i155�3ii t sill n s; 9a t 3 F t ;} ` t'; °�} ;, i E y�F=S{4 Is ii , INK Ii !J }` I } sE 3} 3pf a a* 7 i t , s } a ds.. Q Els ay �� Ja}a! a;`; k_,$3 xl'g•rPi {i 1 i 3 ig€i�='a y''9 a$�y, N S� , }��� � zPS a'}�i ;a�S iYl'� it } 1-a•33s, { #1} ! 1,�;�s�3;! 3 ��r`�;i}. 3� Y XX t Y1 aaq t_ SE�€Q l'a 3! 3 t#Es3 a ksi i- alit s ;s ki•E}��3}�$a#a'`°ikid!3 is�t.4aai3,115;1}glJ ��• 21 � ! °a, 3 �,3�f.ia63t��J# }di� �F�s�i�;�i�]!!!'rPiii i�F���t��3������rli� 33 Iky -'.i, Sr �i{,s a �'�a}i ly{ ,a?�E-'•s }' ${a ;5a� t i } �J€ s �,di }{ ;�� 1 3 sF ��ilft� �a �gg' # i if E j31 a }•as r+Fii Q, 3 �a Et� ! t 2 , ti•"� i53 Hill j ;P# 55 } €n } 8e7 Er ! S ! !• a#i p g E i s r 'I 38i.1;l $rs } i ll itS�s� ]{ �€t�`31a s sags€i ]7 a #let3 f A J aE' ! 7 $, g ;FJ Pla°R s}i[, Sii i s ff�i 3 E} yy ss} J�r,{ # qla } t•} �ts3 { } t l ,S a s t ¢ g €]-]3y'� p� #�; aa�e a ��:u ,1 r i i�� ➢�4§��,st 3'€���F}€�;3F.��� e�,dill iYSfs �l a��,�;�[�.�e�€�i}}�§: a�F�� 3 s 3�31-"� Y a� ]3� 1-}a i }` pl:.• � J J �j� �,�}� salsa � i JP•a 3i`;it aia y 3, I a 1 a cd E{Q .M }'i �! a �{•(lk�E�!'g€�� 141' ��!!7 6 �e E,Eis E fi ii'� {� � i'� 5 �3` J ��J s l�_ dF ai••i' Isest€`i t; � r Ei€ �s�' �sl HIM k ,} E S 1s4;K' } ��'Sli 3 ! 3!?a t•} s,{ �l ,$3 S }` ,a31 �az3 � I d d g�, JIM • w a it:S ty ,!} i jl a ,•. r ib "'.>E 34 d6�Q €.j[33 2l1 sb E 'i J a 3�r° ,•¢ ° 1jp;fiiJjls�s•aiE a"at BEd asl lea[`#i iy#g�E �;�&3�! xa ! �Tz�'' lya� 1 �f� l g[��13F}€!{�!4t i�t�[����a3]��9E;,f;!{ri�� y ;PSH i J �} i�.i�,�� SJS} 4€ -I sls -ay E�S, !� '�E�li}]5 •s! ���i�$`�i�{t l 1 3�t E7 as Jaa:f1Y f $is sal}F z 11 31t ! .� ! r J 1 E'aa J {ggal F{ k ayy E{ a a( }!{f;a 1 lyl'}l �i'S� ' , to! with P,r}lltiaji g d--li t€ imp s wool !:i`Pi}ff°s i2 st}e i�a 3,�E.rs�i.l,Pf sa-r'1 3�E i 3- Jt� a?d' id-sE�{!i I�;}aa�l j,' ytS I1tiJ�;dE'ylIE�E�ri k3 if,Js� 4E}�} �,t�i3 #� �{1 is SI•ta�kaJ�. j �{{ t. 3 J t. ti !i-a3 3 Ys• ,a 4s = fi4i"t fa s �3�= E 5p }EMIT �E P'Y}a j:a t a3ps �s ppE{+9E1 kt'a Ja-L`�ta 'ji i'31 }a. l'_ i , ° €pI [Jlat qd.P¢ H t T3 i1 ! i t) ! 11 !Si�diJ3ilik Sis#i6�slst 1i1§leY S"afb;Ei dpt liSa2cd31 �kil�ali"sa�i =fin. -TO TIE L I H ��i�d S SUM O r Q�3�H �I�I g K lE4ELtlmHO'i3�NOLYY YJOA � s g C� � U � ■ 2��6 ga1'I'AVllT3Q 3Y NYLIOdO>ECIiY3Hi - ?� 1 I) 4 AW 21 IS lion'� �acamc:sar ii j !I I OEM "ANN tf, �l rll i 9 iii�Itl II E }�I� L I .Irl fit r d� 1 � I,i�lil�i as as ��3a4 - - I �', I fl. -i; "Y ;• i�j449i°tl_�1}r L�gmI'{p - j Lam : a -3� oci Fly n Ellr' r j. ro ro Eli, .i , f , a � , � 1 II .I I .......... . . . ............... - T - I _ _ _ - _ _ ._ - _ _ - _.. _ _ _ _ ._ _ _ _. - _ _ _ _ _ - T H :"Q1C Sm 31�I O I' a�I H �IZi icetcvcm�ma'xaivu+no�r � o � 9�"� � � � �q F� � eocmens avaxarvrvrx 1m� � e.r � � j o o-r r'x vu'ran iv xr�a�oamua�v nl ■■ ���S � kucr't37rnraeerv'ran �` � �. �� � w l 01C a w 4ti H a lis! � z ' dtE° O ? "oil LLI 3 W O uJ rT� p O S N A �{ m °goo I 1 IMP u>1 IMP RUB�-° 1a!nil Z LL H gu ° 0a sj is w, 3 e g s OHIO .1I Q $o r 11a 1011_ nil ova 1 $& , 8 s1 K! � 0 �1 _ IO m �z Nil I� LLB s& $g- g 1 111'Nil can!-1 Elt � � � � a �d� s' �@� n� a- s�� �°� ��c� g W� dry o ya a a K� 4 � s � e ea :g a-noun W 3�M W M } 1.111oN1 98 a � eon? �` 's 3" g 119'IlulI � w �3 s s a o1 1$91°1sy "�; f� # e gs ewe � g Z w zN ° e s m � K € � u �a °€ ��o� o � Hg;s W E W 1�1 g 5 n �O 6 nO° @@ ¢� P € W dd i too 8 gy Y��C����� �¢ � �o° L���g��, °�° 8 ��J�33�°�OH E3 o�€gp r J I ga ��� ������ �� B °tea � 4��� �ffia SCI� SY H s �� so�s gsa s�s�moll��s s g,� a� � ` HIM ¥� � o1�� 61 HIM H I�4�-a (� w o0 3 a�nook a§o s ohs m ash��_.o a g 9 $'3u01 —! w� r _ �4tz 00 X � aLLO�w Z U o in � Z U m qNU,- U-. Z m c�e ❑ u [� o w �4'Z Ul 04 1 g.:.� o ♦eeY m o F Z0000 O ai W - - - - - 22 Zl 'a WR 6 8 4 # $hgo� m��he � Wgm� �������VURF ¢��g;a ���� �� � a rs , 'i 1m 1a1 ;�a�aR1 ,� Pp Fei� �' v £' p ° gg3o� tid $`a Agin ? �So � SLLLL �x�looad °aaa� M. 95i ��h��� w M y nm me vik hm 4e y m a N >n W 4 g P�'H�wA U �p 8 4 wow a H m® t: Lu g$y w W ALLE7 YY RR O 'C1' Z:) a- J (f) O W r e N89'34'48"E °o Q o j f 1fl,01' LOT 36 M 4 z m BLOCK 93 Iyq h 1.1.1 1� 00O LOT 35 BLDCK 93 --- NB9'31122"E 125.11' � LOT 34 °� ��. B. C:, �7w � � Us L 7 3J N M -7z W 9 BLOCK s� 25.0' o _ �y° S89'31'22°W-_ 135.121 k 4G J �m �E ° W J LOT.797 BLOCK 3 � 1 V � r x ■ ��� IeyLC Yaiva�Aa'�aA.Yae�oa � o s ���a 3 .. � .3 L9E:SIAFIS uV011alYWYA IWI � N � O � ',7n:Ayx'iia.I.Y NV1ll(}IO�L�`LW eLAA� � C 1 x '.InnMA"sascc I s I o a � �s o= s I j T° a ', y �y e5 _ I a I v -.-• •- �� r .RA � I I �• 0 � � i .SLTMV Q Y � � I I I I I I I i I I I I I I I I i I .•��n.z.��s r H ��� s �u o r Q��H �� g P. IrWY<PHU'Ia'NIMY.OE ■ W �! x Lot iLL]S OVUYOlYWI'.S 1001 N }' `ot=Ltl NYZIYM`I4W 911L h U{ n■■� - W6EL'3J]f'.�Yav nVYT.i¢ °� •,,JJy F /n� S I I I I i — voi g i dg IL b Gi 3 3 5 9 : - I I I I I - I I a $� -- �P, IL } O A311V 94 s �� az a z O Jm `l I z = o o - = kzocY ti us ti Q Q x 3.MI9.66N 3N31/Alld3dMd ~ i w w J LLI ;z OR ] w A O V F CO Ld ` Z tZZ.4£a6&S 3 E7 A1213dONd 5 � � � � a !Y x�xmaj zs m 5�t�n^�zz z U W� ZOO fFgU O3Y F3� U.�Z �R.Q N_W m a qrq rn Willlp ro zz_ X ❑ H_O lu F u3 ui -YV9f� � W4� Wnp itl_p W��N �91F m � I, 1 �s mow. c{i! 1 iY,,:licngdi ,,,3 a' at 7a ii i! a c�� 8 J cl z' 1€1 E ,,ki eat ! €e 6i `• °3 'E 176 9tf is €£333i:!!!laJE;= 1 5 rla j1 (� ;si _ Yr-`-E, af3-se 1!'jj`iai FIT Z J 1 i�l�1 a F�_I}s j�ip y,git}i`����€F§A,4"1c-5k.;-.l3z'.#3lE r� ;�a 19 f3;�[5�i`ar7t9d,3i:st,l�{i i i:J F Gt i[e-{�.1}��g5F�,l s_1j I�[!i l��!i�l1 i j�:i s a!csi°c l,ll�ia;a 5E iS r�i�e,t 1€99!�!a;#P�� �i!�,.!' �,1a;}�'.,lE�4�(1 4]r€`L:gs f P 1'�fk1a1'a!"r i-ji 3 i i'fi€��jE r��pi1-rtsr.t 1'it1`E�t!ti1r[11`;s t�1:.€€�'21 i Fa,=rl'sa�[��,i��i13jJ5.i�4•�lt�'Jl i1`i•�1 l!}�;,1aI`H i�J1l�p�Eal'1r!,�l�`i l��1�ptt„`�,j7�;!3`!E:1i F Fgp}'l�jj`c��'p�1i�3's�;ca�� �3)�a{a�t�f�;�;��E§1 a�{� x€!°�fa;�!6 g_�r 1 l�t��j�g g!°�}yR�i�s°p(5�l@ S��fi�£'[4}i�EE�}'�`��j.��?j3�f!$S Ia 1 E 1!7s1 e�'1•i spu k j 1 jt "c'fF l _[ t;[]d5 21, { &S�E l af `9 t i � .F6[!l 23JYF a Id i �tl� i `a ;.: i � 1 E1J ,! R FaFa i= � t[s, 3 ,l 5 at r a1 Et 4 it i - € d£�,t i iy 1 ;:�fl'3 � , +` 2 1#'�i�i` �• a� [ i�' , J a �i 1 O �� ! ! g` � � �� E y 5 !3� a:+] 1 5;'i 1�[;-� �-{ � if{ �'!i g�1 c,€ ay t= __ � �3 F I� Z t �°- ��• l �! a j3 1 1 Fit: 11' .� #S sa s s [ ; € t l ! ! ! !, 1 ,■ €: 1 G e 9 ;'3tES a 6 .j ? fi ,77{ yk}a F4F4 c a.' r tl� � 11;�1 s s s a51 ai•E•!F 1 �,,', q� €*t.}{ j-;�,tE � g�r 11{ SI :�1 =5c a a s cl g tip a !1EE I!a9 ]�• '3r t j � 1}�!��• r! 1 a,i a is slit,� 3C kf� �ltlalf-le:lrf#11a931��s1lxa } t ,qq P a• , as [t 2 ,v 11 omiiL fa � €!aji !1 ! 11 M I 1€ R �d„ .f! a.a_i. £ftE.t a, ,„ a z ? !: ' i€ lti[3 d: . {ta-a a,1 E�, a i 1' >. 1, , p c {°• :' 3- t �� 1 •! ] 3 ! !e l to is pad a41r if' f pp fa , J-}i- s 9 All 1:1. �F y �r� flat � l��:Tic i'�,t °j 2}`S6 t Jtl 5-0,a}' (.gl al� s !� ! =ig+ fiE}1 ;1 ' H��,t C't ;iplsj{lit, 5 4 i iegF, 'e- i _! JJ# 3 rLFEt 1 1M!"'. ? 5fiSalpp aa�1 !! 3i i ,a�, 1 ij'!!!�I :; 11 l ds , is 'j�ldl'1 li l ii mill.1 Ili 11 ��!11,11111 Eg� 1 llta3#E S , p j£Ea s�{'• s's��a;, ll�a ! � 1�iE':'s1 1 ,-` r 'r ' 't E i7 1aa R, 3 j�9; y] 1 : 1 k ;• r r r{ 3S ,S} ii - �� �9 a it ��1;rs�a• { i ! s tlsjj4 ! !'s i;l 3 1 PHI; li[cl j fi s ts• a�i=!fC 11 9a t � t [l} 1 t}1 1 I i ab,,t'•s !' r s t a 311 tJ"s s $1 !•ls�t Sf' 1 t`� ,,���3 1pj E:jl e3l�r a Eea� i°l {s12. 1111 ! p}r {l�l 11•{t sad{:'a'af l It f13 {',1 a!j` !{ �!; e�55'}i '111 1 H8,111�11 l9#� . . • ; _ z, z r e tiille ex ei a �,- i s l.-ll ! ,tid€� -E i� t, •11�F 1�1€ ! 1a�a1}°§ �ij� rf�a ' �9 �$ al l�+`� a ! !! a sz #r,l��=• [}; i=�,.t !, a11`i€ 'Ir � a a a }!g' F1 �la{a [L AI j d551a t �t pp fll�. }}I� e•- �tic i! !JE €ai r,a` a €1 'k�li{ 3,� 2 iuJli, ,l'i! JISI (+si tp rE } # i, t 1 1!3 ! ]Ej '07ry' i 0,11111 r€ a 1sil ig ,_.all i,f, f i+i l! ! ,` a i' ! ie 1} E' 4;11 j 7aF�a 5 1} F S tl IE6€ 1 !: , i „1 it'Sr t{; '4 a li1111 ,a! ; ii€'rs 11 �6{{1 d i g as ';,t 1 F; {i f 13bJ=d-j -1 r�ri[ r 4 I Sl$•�= t31 ! l 7�#Ti 1 1 rp Is;l�1 31,fE SHY �1�,tS �•9,�s'11;1 �S1F! cli�l� kip 3 1 �f.3�}lfi�' 3 3eE;ii - i! , 1 a MI MI f{!1. ss s fjl r 9 i3={:,€1[ 5 zd.i 13 l T{ r lE -lj 1 �MIMI�l(151.11 11�.�i�t }3 E fi ti b=3 d,a3 e e 2 a s 1 z s e d€j 1 !'} l�,• i �!� ] 1 ss:, �i g�1. i;g ��� 1�k a a ; �i # ; ;g1,J =la l€! t I p9 9 el,j{ �1� ; �.f1 E Ise f{ e + HI t .3 i ! 1111 ; yaI�} !,3 s iii, _i.,a r 1 `€€a;i a ,ot ;111,i!1 PI 1{ Jl�<;11 ih q1 1ai11 l ril€;4 i lit i': ,�t�11 i1tE 3 g1 ,{i-�.z a=€ �f!1 i9 d t,ply f i 1# ,: a c 1-} t 9 r t•, I, ad",tiiii, js 1 -r�;r't .. g � ,ll` ! ,r!,`a'{ t(� �� , !}:�3' f�t �'iilyC ariE•ljt.tla5 aar 1 5¢E t 831l4lfiii;;!d �� -t�J j � ,, !j Flak i7ii��}i �'J t• , 3 ! �"' �1�1�i�1 i ,rs1,'!i� iE� � �f1 !A it}4f i , �• 1[3l ,t t 1€! d 9 T a'i{i€g!aIlL It g=, Y f s o f £ i:1'i'7rl a �•�� � z- 4'?c-p s }s'a� , i � � lir{ 1,€ ! 2•dil_a 3' � � a 3� £E F 1 I lE 3 E j [[{{�� {$ t d 77 ,i•,,a- i } i�i 3i { a Ed'1�F•ii� ai ;� rljli}di ifJ�i:1FiF�F�a � �t'3 kf t �.x `i �it�i�=i a'•�,a a�d li a:kkkkki alt 1 :��ii; j�.iEfa ¢¢ 1'tl ili clla d'=iatl1 l� + >;ja, !I t! :£;i iti,#tl},13i1t1ll;{; , ar t 11sairl�Jl S 3 , 1 3 1, t j 1�,41 s 1,;a{q ;11f1`:! 1 �,1431li a, af€ ;!#Il,I RSt,ap al Fsisllai •r f:ata (g �99 ; asE{,yl a ,:41 s a€,�la �n 11E 15#11F.,f�j�ilE.,t.11f5,11 �- ,, „Ll z „ll 'Nld 17.:90:G1 F;60Z/C /7 '6rnp-u NIx2Vd—IMI—'1.90b1\Jh1Q\p'�'4 uo}!potfor;a�] — VN— �o V4I$073 'A,'JV'dH AV2I'I3Q -•� r tx BeL ra __... "'co�e.°°kit'>'mw"moo xw:an AV n2IE aS IS SST AS sc cecwsNOO 2vari nios~ a sassw�va \ � It, Y T30}FVd M€PIOdOHL�CW 3HL uei eawjnu�(T/. Qai a �� WALLEY - a"m a u��'�n°Ta`x ZIDaI 1[47d 1LLTII,LR S.E,ISOd000J v� Y - r- O 1. k " �� _ illlllllfllll � 3 i I I y w �aceu I ««.......-------------- _------- � 6 I I IMaI 4 I � i x „ll ` V C0 NTL SOMIL!/Z '6r.�f��M>1wd SN3--190fA5MO\P!T+lN s"ol uDypdo4a'N - Vf'2i-S9p7L\tiIOZ� O �a m v°�xmx wflaou •H0V$H 7,vmaQ QAV Q2iE 35 * SAS SST as atxvs7nsNOa zvcNSrrxoainx� saaaru�xa �z 'V Ta09Vd MWE0110HIM MU Iek'°��I� velsa6wMv �/J S .rte Sm6� mdod Xna 9SYN a OwAAva son Hal jawal A 1.110 i $s ° g l w U x I �ITa i l won '�J9 u x j . I J j f I � „L6 x „EL 'UV'd CU lS 0.�_SIp,G[L7,/G_'�M_P 1�Lh;dVd-110—L90bL� MCl\l +lsl s of uoV,yodcjloW — Vf 2i-1907��tilUZ� O 3AV aus S '8 ZS ZST �S S,-masm,.—MANX. saa -,N a Raouva nz�,�r�oa UaK a s��Nrvu¢ � �tunva 91 EN $ t ]Rg 4 X✓ a }l ��see N ON� � r1 � qyg qV,Rid —� A �a „Li x jk AV bL Xtk SIOZ/LZ/Z, '5mF9ND1HVd X10—t90VKSM0\PJ�+1s1 s}}off uo�,Iodni�ary Hf"d-190ti1��lOC\�[) OCS9-FLS SK dvM OGS9~Ww4d B� 6'NI v YQJaou SHova{L 1tVIYUM W g210 3S V LS VLSI HS sirrvs�nsNO si¢uome saaans�e� g° g t MUM Ai inodOulaw au :1lad _0YXMQ N OWAVd IS k f oil 1i §mg A F lye �� � P a hy eq� Wd R six 40" 2 •- J t F �R ;IN a H Nil I U, 01 lug It- R�. IN � RIP I R 12 1 s� IN is ly ; HOE�1 � ���g � � �b��� ��- H s�= 1 5��� N till 10 5 141.Ma 131 a b § 0�l III k s -. 111m 0 a 0Q slip z Gaya � 8 ��i3 IS Big wing 1p It Mm RU� ° EPQ 05MI Ig ;' x jAigE p an w, jnwpo t � -4 PA W n! 1541 1 J � 04M typo Q All ON N SAFETY AS FLORIDIANs EXPECT "Help Florida become the most motorist,pedestrian and bicyclist friendly state in the USA" The Metropolitan Commitments The Metropolitan has agreed to: 1. Install (6) public bicycle parking spaces within 300' of the main building entrance. 2. Build (1) secure shower room with sufficient room and facilities for changing clothes (clothes hooks, a chair, and a table) for the exclusive use of employees. 3. Adopt a free, shared bicycle use program for residents by purchasing six (6) bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents. 4. Offer each resident the opportunity of having a bicycle rack(s) installed within their unit. Racks and labor will be provided free of charge for the residents. 5. With City approval, The Metropolitan will purchase and install two (2) benches, trash & recycle receptacles, and one (1) dog poop bag dispenser which will be located on a sidewalk in front of the project. 6. As part of all commercial and office leases, The Metropolitan will require each tenant to include the following transportation information in each orientation package for new employees: route and schedule information for Palm Tran, Tri-Rail, the Delray Roundabout; the Downtowner; as well as new or substitute providers (such as Tri-Rail Coastal Link); info on how to start a carpool and vanpool; details of the emergency ride home program; and Tri-Rail Bicycle Locker Program Information. The Metropolitan will include the same info in each "move in" package for each condo purchaser. 7. As part of each commercial or office lease, The Metropolitan will require tenants to include a voucher in each new employee orientation package entitling them to (1) Palm Tran unlimited 31-day QLJIK pass (value of $75). The Metropolitan will offer the same voucher to each of the initial 48 condo owners. 8. As part of each commercial or office lease, The Metropolitan will require tenants to register with Tri-Rail's Employer Discount Program for their employees. There is no cost involved in registering. 9. Transfer $12,500 into The Metropolitan attorney's escrow account upon the sale of the first (5) five condominiums for the sole purpose of the Palm Beach Metropolitan �I� Planning Organization contracting a study of converting a County arterial road to a "Complete Street" design. If the funds are not requested within (3) years of the time they are placed in escrow, the funds will be returned to the developer. 10.Transfer $12,500 into The Metropolitan attorney's escrow account upon the sale of the first (5) five condominiums for the sole purpose of constructing a pedestrian or traffic signal at the Atlantic Avenue/E. 3rd Avenue intersection. If the funds are not requested within (3) years of the time they are placed in escrow, the funds will be returned to the developer. 11.Administer a SAFE designed TDM questionnaire completed by the original residents and employees, and mail the completed questionnaires to SAFE and the City of Delray Beach 12.Provide the following information at each calendar year to SAFE and the City of Delray Beach for the first 5 years following receipt of a Certificate of Occupancy: a. The number of owner stored bicycles at calendar year end, b. The number of times the shared bicycles are used in a calendar year, and c. The number of Palm Tran unlimited 31-day QUIK pass (value of $75) distributed during the year. Agreed to, this day, Tfie Metropolitan: 136&6y Morto Date )/ !:-s Witness V Date Witness Date IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE AND WAIVER REQUEST FOR THE METROPOLITAN AT THE NORTHEAST CORNER OF SE 3RD AVENUE AND SE 1ST STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request and waiver request for The Metropolitan mixed-use development came before the City Commission on April 21, 2015. The conditional use request is to allow an increase in building height to 57 feet and an increase in residential density of the project to 51.67 dwelling units per acre. The waiver request is to allow a 50% one-bedroom unit mix. 2. The City staff and Applicant presented documentary evidence and testimony to the City Commission pertaining to the conditional use request and the waiver request for The Metropolitan mixed-use development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Sections I and II. A. CONDITIONAL USE FOR HEIGHT I. COMPREHENSIVE PLAN a. Comprehensive Plan — Future Land Use Element Objective A-1: This objective requires that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A-1 met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Central Core (CC) and is zoned Central Business District (CBD). Is the project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes No 2 d. Consistency: The granting of the conditional use must be consistent with and further the goals and policies of the Comprehensive Plan. Are the consistency requirements met? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Are the requirements of LDR section 2.4.5(E)(5) met? Yes No b. Increase in Height.: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District). The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed in LDR section 4.3.4(J)(4)(b)(ii)-(iv), as listed below: LDR 4.3.4(J)(4)(b)(ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) 3 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 height 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 height is only for the added residential use area. LDR 4.3.4(J)(4)(b)(iii): Workforce housing units, equal to at least twenty percent (20%) of the residential units on the top floor, shall be provided within the development onsite, offsite, or through monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. LDR 4.3.4(J)(4)(b)(iv): That the increase in height shall be allowed if two or more of the following subsections, LDR 4.3.4(J)(iv)(1), (2) or (3), are met: (1) 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 liens (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; 4 (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscape setbacks, be provided in order to add interest and provide relief from the building mass. Are the requirements of LDR sections 4.3.4(J)(4)(b)(ii)-(iv) met? Yes No B. CONDITIONAL USE FOR DENSITY I. COMPREHENSIVE PLAN a. Comprehensive Plan — Future Land Use Element Objective A-1: This objective requires that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A-1 met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use 5 Map. The subject property has a Future Land Use Map designation of Central Core (CC) and is zoned Central Business District (CBD). Is the project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes No 6 d. Consistency: The granting of the conditional use must be consistent with and further the goals and policies of the Comprehensive Plan. Are the consistency requirements met? Yes No 11. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: iii. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; iv. Hinder development or redevelopment of nearby properties. Are the requirements of LDR section 2.4.5(E)(5) met? Yes No b. Increase in Density: Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 7 The applicable performance standards for development under this section are met if the standards as described in LDR section 4.4.13(I)(2)(a)-(i), as described below, are met: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (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 style. (c) 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 flats. 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. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) 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. 8 (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (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, NW/SW 5th Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) 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. Are the performance standards of LDR sections 4.4.13(I)(2)(a)-(i) met? Yes No C. WAIVER Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; 9 (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.7.90) Pursuant to LDR Section 4.7.9(1), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The applicant is requesting a waiver to allow an increase in the percentage of one bedroom units from the 30% maximum allowed to 50%. Should a waiver to LDR section 4.7.9(1) be granted to allow the number of one bedroom units equal 50% of the total units of the project? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request and waiver request were submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies this conditional use request for increased height. 7. Based on the entire record before it, the City Commission approves denies this conditional use request for increased density. 10 8. Based on the entire record before it, the City Commission approves denies this waiver request. 9. Based on the entire record before it, the City Commission hereby adopts this Order this 21 st day of April 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin City Clerk 11 EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR THE METROPOLITAN Conditional Use For Height: 1. That the applicant submit a revised application for Class V Site Plan approval which at a minimum addresses the following issue identified in the staff report: a. That the required number of workforce housing units is noted on the proposed floor plans and the 50%/50% matching ratio of the market rate to workforce housing units is met. Conditional Use For Density. 1. That the applicant submit a revised application for Class V Site Plan approval which is generally consistent with the conditional use exhibits. 2. That the applicant submit a revised application for Class II Site Plan modification approval which at a minimum addresses the following issues identified in this staff report: a. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a three foot (3) landscape buffer at the south property line, which is two feet (2) less than the minimum requirement. 3. Verification from the Palm Beach County School District that the revised project containing 48 units will meet school concurrency. 12 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald Cooper, City Manager DATE: March 30, 2015 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF APRIL 21,2015 WAIVER REOUEST FOR OVERHEAD DOORS FACING A RIGHT OF WAY FOR JTS WOODWORKING BACKGROUND The property consists of Lot 3 of the Owens Commercial Subdivision according to the Plat thereof as recorded in Plat Book 74, Pages 130 and 131, Public Records of Palm Beach County. The property measures 0.6233 acres, is zoned MIC (Mixed Industrial and Commercial) and contains a 1-story 9,707 sq. ft. manufacture and warehouse building that was built in 1962. The property is currently occupied by a wood cabinet manufacturing and assembly company. At its meeting of December 9, 2014, the City Commission approved the abandonment of a portion of the road right-of-way that was dedicated by the plat of the Model Land Company's Subdivision of the North Half and Part of the South Half of Section 18, Township 46 South, Range 43 East (PB 6, PG 51) as recorded on May 4, 1916. The abandoned area was 30 feet wide by approximately 95 feet long and was located at the eastern end of Marty Fladell Drive, east of NW 18th Avenue. The right-of-way did not contain any existing utilities, it was unimproved, and did not provide access to the adjacent properties. At its meeting of March 11, 2014, the Site Plan Review and Appearance Board considered the proposed waiver and recommended approval to the City Commission on a 6 to 0 vote (Aguila absent). WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Overhead Doors: Waiver #1: Pursuant to LDR Section 4.4.19 (1-1)(3), in the MIC (Mixed Industrial and Commercial) zoning district, overhead doors shall be prohibited from facing a public right-of-way, except where currently existing, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this regulation. The proposed overhead door on the northwest side of the building is adjacent to NW 18th Avenue r-o-w. The proposed overhead door does not comply with this LDR requirement, and thus, the applicant has requested a waiver to this LDR requirement. The applicant has provided the following justification for the waiver request: "The project is a commercial building on a commercial parcel east of NW 18th Avenue between NW 18th Avenue and the railroad tracks. The main building is existing and we are adding a NEW addition on the north end of the property. We are proposing a NEW overhead door located on the west side of the NEW building addition. That door will be facing the NW 18th Avenue r-o-w. An overhead door in this location does not comply with the LDR requirement, thus we are asking that a waiver be granted for this condition to this LDR requirement. We wish to have access from the NEW parking area located at the northwest corner of the property directly to the addition interior with this overhead door. The north side of the new addition is restricted due to property constraints and it is not possible to have vehicular access and an overhead door in that location, therefore, we cannot physically consider locating the overhead door on the North facade. We would also like to inform the staff that our property faces the railroad immediately to our east and an empty lot to the north and west, and therefore, want to point out that there is NOT another private parcel across from us that might object to the overhead door orientation. We consider these reasons to be a hardship, in that we are locating the new overhead door on the only wall available to us - our west wall. When granted, the "waiver"would in no way "be contrary to the public interest and are owing to the conditions peculiar to the property; thus, a literal enforcement of the regulations would result in unnecessary and undue hardship"* Furthermore, we feel "that the reasons set forth in the "waiver" petition (as stated above) juste the granting of the "waiver", and that the "waiver" is the minimum "waiver" that will make possible the reasonable use of the NEW building addition, and finally "that the granting of the "waiver" will be in complete harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare". The property is bordered on two sides (East and West)by two public rights-of-way;NW 18th Avenue on the west and the FEC railroad track to the east. The other two sides (north and south) are interior sides that face the Totterdale industrial warehouse building built in 1947 to the north; and a body shop and auto painting building built in 1975 to the south. Therefore, no feasible opportunity exists to locate the proposed overhead door so that it does not face a public right-of-way. The building addition has oriented the proposed overhead door to face NW 18th Avenue right-of-way, which is classified as a "local"road. It is noted that at its meeting of December 11, 2013, the Site Plan Review and Appearance Board (SPRAB) recommended approval to the City Commission of a similar waiver for the 290 SE 2nd Avenue Warehouse Building; and at its meeting of February 4, 2014, the City Commission confirmed the final approval of such waiver. The proposed overhead door will not result in the creation of an unsafe situation with respect to public safety, or affect the delivery of public services, and the waiver will not result in a special privilege as similar waivers would be granted in similar circumstances. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (13)(5) to support the waiver request. RECOMMENDATION 1. Approve the waiver to LDR Section 4.4.19(H)(3), which would otherwise prohibit the overhead doors from facing a public right-of-way in the MIC (Mixed Industrial and Commercial) zoning district, based on positive findings with LDR Section 2.4.7(B)(5). s 0 Lij � Z ti- 0 -- LLI w E R. Q N.W. 2ND AKER ROAD 5T. 1 �.r a N.W. 1ST ST. MARK FLADELL DRIVE .+v Q U _ � C17 V) Ld 0 Z OPT R MGN�e N JTS WOODWORKING STORAGE PROPOSED ABANDONMENT AREA e PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGTAL B45E MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-150D\LM1498—JTS Woodworking Storage TROY AMMONS REGISTERED ARCHITECT-AR11849 1907 NE 4'SS.K M 954-480-6191 DEERFIELD BEACH,R Fx:954-716-2445 Date. 10-9-2014 Re. Waiver Request City of delray beach, Florida Atten: Estellio Breto Property Owner: Mark Feehan, JTS Woodworking Address: 75 NW 18TH AVE Delray Beach, Florida Dear Sirs; Pursuant to LDR Section 4.4.19 (1-11)(3), in the MIC (Mixed Industrial and Commercial) zoning district, overhead doors are currently prohibited from facing a public right-of-way, except where currently existing, and we feel it is not feasible to comply with this regulation in the situation noted below. The Project is a commercial building on a commercial parcel east of NW 18"Ave between 181'Ave and the railroad tracks. The main building is existing and we are adding a NEW addition on the north end of the property, We are proposing a NEW overhead door located on the west side of the NEW building addition. That door will be facing the NW 18th Avenue r-o-w.An overhead door in this location does not comply with the LDR requirement, thus we are asking that a waiver be granted for this condition to this LDR requirement We wish to have access from the NEW parking area located at the northwest corner of the property directly to the addition interior with this overhead door. The north side of the new addition is restricted due to property constraints and it is not possible to have vehicular access and an overhead door in that location, therefore, we cannot physically consider locating the overhead door on the North facade. We would also like to inform the staff that our property faces the railroad immediately to our east and an empty lot to the north and west, and therefore, want to point out that there is NOT another private parcel across from us that might object to the overhead door orientation. We consider these reasons to be a hardship, in that we are locating the new overhead door on the only wall available to us - our West wall. When granted, the "waiver"would in no way "be contrary to the public interest and are owing to the conditions peculiar to the property; thus, a literal enforcement of the regulations would result in unnecessary and undue hardship". Furthermore, we feel "that the reasons set forth in the "waiver" petition (as stated above)justify the granting of the "waiver", and that the "waiver" is the minimum "waiver" that will make possible the reasonable use of the NEW building additon, and finally "that the granting of the "waiver"will be in complete harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare". Thank You Troy Ammons,Architect 4401 CCU 2014 PLANNING&TONING NVId-3dVOSaMd-1 3llc a1EhL5[to991 wed 5fB6-ssLl{9sleE+��{,I �I �� : � r$ 9EPCf lf'4�oaIa�n l��hsso800y--��yno5 anup ssaltluA7 IILY � n z �'Idot�e Abaia�'�nuanv Hlal.h aualua6eueW�uI' 7!4��tl ad�spue�aud ade�spue� 6a ° s DMAJOAAMOM SIPINVH3gd A HVVY aV� ya �n _ J NdlltfAON3Ll �JNiflllf�9 SMalA 31ISgrVW iN 35 E ' � Y Y ° III LU N�g m �m � � ■a� Z _ ��^ dry �Y �,te•v� F q � � u�i 's�� ��'^ im 3 uj{ �aa v bfilm �7�Y. Ll 4 ; 8` aka W m 9IT d. I tl I I Y w� g I I I I I Ia I Sv d } gS kAy �^ � k d El -.s § E S e2: 22€g9 $ 2$ p A YES id S °' a a�s9l jj Ssry °-B s w- 711 .. .. .. r . . _ . . . . . ! . . __wu,<�,�mco ; . � ] . : | } --------- | . & f 2 , . |� ! | || | ` 2 { O e < > w = 6 @ G! 4 ! | ` § � | j | � | � I • . , | §| � \ LLI | L } u ; ■l d7 i | � \ 2 / 2\ ��\ ! ? ] | | . : . . a ...... ... .. . . ...... . .. .............. .......a\ [70 i'a'r 1 a19-0e1-Y9e 1311aH4 Q "Is! i-lava6 a'33tdaa8a �d 1.loraa Aravo W1 MN ■ 4 My am j ¢ Q p 1.`J .�.�MJtl'd CNI%YOMOGOM�L` ,'I N N.V.Ydd L ii NOIlVI�OIAiI ^L o SNOWWV AQtl1 GNIwns 311HONV' M virw Am SIaZ'Plot 1HOILKdOO z U4 OU dw� a° 3AV`3HP979�Af PN a r� O 1 � U O� a m B fill' I y g ao b 3 yp ,I Y I I 4 N Rig M3 IWO y b Ru A _ � pl ep mid gasser p I f Say a � i _ —►�E z°�a sPi � � � 4 CL ul �a "I WE a X94 _ a i �....._. . . -. ......... . ..... ....... .........-. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -STAFF REPORT--- MEETING DATE: March 11, 2015 ITEM: 71 NW 18th Avenue — Class III Site Plan modification, Landscape Plan and Architectural Elevations associated with a 3,756 sq. ft. storage area addition to the north side of the existing building. The proposal includes modification of landscape islands, reconfiguration of a 24-space parking lot area, installation of a dumpster and associated landscaping. The property is located at 71 NW 18th Avenue (SE corner of NW 18th Avenue and NW 15t Street). GENERAL DATA: Applicant.................................... Mark Feehan Agent ... Troy Ammons •��°~==° Location...................................... SE corner of NW 18th Avenue and NW 15t Street (71 NW 181h Avenue) Ld N.W. 0.62 Acres Property Size......................... z --. ST. Future Land Use Map................ CMR (Commerce) I Current Zoning...— . MIC Mixed Industrial and 3 Commercial) Adjacent Zoning................North: MIC (Mixed Industrial and Commercial) East: MIC (Mixed Industrial and Commercial) MART r F ADEIL ORM South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) 4 Existing Land Use...................... Cabinet Manufacturing and Storage Building Proposed Land Use.................... Cabinet Manufacturing and Storage Y Building - A v E N u E Water Service............................. Connection is available via an existing 8" water main, located within NW 18th Avenue r-o-w. A fire hydrant is located on the west side of NW °� 18th Avenue. Sewer Service............................. Connection available via an existing 8° sewer main, located along NW 18th Avenue r-o-w. W ---�i DR.ANNE$WAY o - � € 5 2 Z yy � N ITEM BAM The action before the Board is that of approval of the following aspects of a Class III site plan modification for 71 NW 18th Avenue Feehan Warehouse, pursuant to LDR Section 2.4.5(G)(1)(c): ❑ Site Plan Modification; ❑ Landscape Plan; and ❑ Architectural elevations The subject property is located at 71 NW 18th Avenue (SE corner of NW 18th Avenue and NW 1 st Street). B � KG R` U, The property consists of Lot 3 of the Owens Commercial Subdivision according to the Plat thereof as recorded in Plat Book 74, Pages 130 and 131, Public Records of Palm Beach County. The subject property measures 0.6233 acres, is zoned MIC (Mixed Industrial and Commercial) and contains a 1-story 9,707 sq. ft. manufacture and warehouse building that was built in 1962. The subject property is currently occupied by a wood cabinet manufacturing and assembly company. At its meeting of December 9, 2014, the City Commission approved the abandonment of a portion of the road right-of-way that was dedicated by the plat of the Model Land Company's Subdivision of the North Half and Part of the South Half of Section 18, Township 46 South, Range 43 East (PB 6, PG 51) as recorded on May 4, 1916. The abandoned area was 30 feet wide by approximately 95 feet long and was located at the eastern end of Marty Fladell Drive, east of NW 18th Avenue. The right-of-way did not contain any existing utilities, it was unimproved, and did not provide access to the adjacent properties. A site plan modification has been submitted for a storage area addition to the north side of the existing building, and is now before the Board for action. PRI� JET in' ni DE5CR pTiC3N The development proposal involves the following: ❑ Construction of 3,756 sq. ft. storage area addition to the north side of the existing building; ❑ Reconfiguration of the existing parking area located along NW 18th Avenue and the south side of the building to accommodate a total of 23 parking spaces including one handicap space, along with a loading/unloading area; ❑ Installation of a dumpster enclosure with roll-out recycle bins; and, ❑ Installation of associated landscaping. The proposed project also includes the following waiver: SPRAB Meeting of March 11, 201 71 NW 18th Avenue—Class III Site Klan Modification and Landscape Plan Page 2 Waiver#1: Pursuant to LDR Section 4.4.19 (1-11)(3), in the MIC (Mixed Industrial and Commercial) zoning district, overhead doors shall be prohibited from facing a public right-of- way. The proposed overhead door on the east side of the building faces NW 181h Avenue r-o-w, and thus, the applicant is requesting a waiver to this LDR requirement. S=1ETE PLAN MO.D,IFiGAT1"ON A.NALYSlS Waiver Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver#1: Pursuant to LDR Section 4.4.19 (1-1)(3), in the MIC (Mixed Industrial and Commercial) zoning district, overhead doors shall be prohibited from facing a public right-of-way, except where currently existing, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this regulation. The proposed overhead door on the northwest side of the building is adjacent to NW 18th Avenue r-o-w. The proposed overhead door does not comply with this LDR requirement, and thus, the applicant has requested a waiver to this LDR requirement The applicant has provided the following justification for the waiver request: "The project is a commercial building on a commercial parcel east of NW 98th Avenue between NW 18tH Avenue and the railroad tracks. The main building is existing and we are adding a NEW addition on the north end of the property. We are proposing a NEW overhead door located on the west side of the NEW building addition. That door will be facing the NW 18th Avenue r-o-w. An overhead door in this location does not comply with the LDR requirement, thus we are asking that a waiver be granted for this condition to this LDR requirement. We wish to have access from the NEW parking area located at the northwest corner of the property directly to the addition interior with this overhead door. The north side of the new addition is restricted due to property constraints and it is not possible to have vehicular access and an overhead door in that location, therefore, we cannot physically consider locating the overhead door on the North facade. We would also like to inform the staff that our property faces the railroad immediately to our east and an empty lot to the north and west, and therefore, want to point out that there is NOT another private parcel across from us that might object to the overhead door orientation. We consider these reasons to be a hardship, in that we are locating the SPRAB Meeting of March 11,20' 71 NW 18`h Avenue—Class III Site Plan Modification and Landscape Plan Page 3 new overhead door on the only wall available to us - our west wall. When granted, the "waiver" would in no way "be contrary to the public interest and are owing to the conditions peculiar to the property; thus, a literal enforcement of the regulations would result in unnecessary and undue hardship" Furthermore, we feel "that the reasons set forth in the "waiver"petition (as stated above)justify the granting of the "waiver", and that the "waiver" is the minimum "waiver" that will make possible the reasonable use of the NEW building addition, and finally "that the granting of the "waiver" will be in complete harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare", The subject property in this instance is a property bordered on two sides (East and West) by two public rights-of-way; NW 18th Avenue on the west and the FEC railroad track to the east. The other two sides (north and south) are interior sides that face to the north the Totterdale industrial warehouse building built in 1947; and to the south a body shop and auto painting building built in 1975. Therefore, no feasible opportunity exists to locate the proposed overhead door so that it does not face a public right-of-way. The subject building addition has oriented the proposed overhead door to face NW 18th Avenue right-of-way, which is classified as a "local" road. It is noted that at its meeting of December 11, 2013, the Site Plan Review and Appearance Board (SPRAB) recommended approval to the City Commission of a similar waiver for the 290 SE 2nd Avenue Warehouse Building; and at its meeting of February 4, 2014, the City Commission confirmed the final approval of such waiver. The proposed overhead door will not result in the creation of an unsafe situation with respect to public safety, or affect the delivery of public services, and the waiver will not result in a special privilege as similar waivers would be granted in similar circumstances. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (13)(5) to support the waiver request. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4(K) Development Standards Matrix: The subject property is considered an existing non-conforming site in terms of required setbacks. The following table indicates that the proposal partially complies with LDR Section 4.3.4(K) as it pertains to the Mixed Industrial and Commercial (MIC) zone district. _..-_ Required _' .::.Provided, Maximum Buildmg Height ' 48' 20'-0" Minimum Building Setbacks Front(west) 25' 25'-0" Side Street(south) 25' 34'4" Side Interior(north) 10' 10'-0" Rear(east) 10' 1'-2" Open Space 25% 19% ** * The rear(east) setback set back is considered an existing non-conformity. SPRAB Meeting of March 11,2G 71 NW 18'h Avenue—Class III Site Plan Modification and Landscape Plan Page 4 ** The subject property is considered non-conforming in terms of required open space since it currently only provides 5.5% open space. However, the proposed development has reduced the existing non-conformity by increasing the percentage of open space from 5.9% to 99.4% LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C) (5) (a), General Industrial Uses (manufacturing, assembly, attendant offices) shall provide parking at the rate of 3 spaces per 1,000 sq.ft. of gross floor area devoted to such uses. In addition, 1 space shall be provided for each 1,000 sq.ft. of gross floor area devoted to storage and warehouse use. The proposed 13,463 sq. ft. manufacturing, warehouse, storage and office building will require 23 parking spaces and 23 spaces are being provided. Thus, this LDR requirement has been met as shown in the table below: Use Area Parking Required Parking Required Industrial manufacturing 3600 x 311,000 = 10.8 parking spaces 11 Office 1,000 x 311,000 = 3 parking spaces 3 Warehouse & Storage existing 5,107 x 111,000 = 5.1 parking space 5 Warehouse and Storage new 3,756 x 111,000 = 3.7 parking spaces 4 Total spaces 23 Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA (American Disability Act) requirements for commercial properties require a number of handicap accessible parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space for every 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200. The project will provide 23 parking spaces, thereby requiring 1 ADA compliant spaces. The site plan shows 1 ADA parking spaces, thus meeting the code requirement. Other Issues: Bicycle Parking Facility: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, bicycle parking facilities shall be required on all new development and redevelopment. A bicycle parking needs to be provided in close proximity to the building main entrance, and thus, this is attached as condition of approval. Ten Foot Landscape Setback Area — Special Regulation: Pursuant to LDR Section 4.4.19 (1-1)(2), within the front yard setback, the first ten feet (10') abutting the right-of-way shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. The subject property was built in 1962, and thus, it is considered a nonconforming structure with regards to this LDR requirement. However, it is noted that despite this existing non-conformity the proposed open SPRAB Meeting of March 11,2C 71 NW 18th Avenue—Class III Site Plan Modification and Landscape Plan Page 5 space for the site has increased from the existing 5.9% to 19.4% which means a significant improvement in the reduction of this non-conformity. Loading and Unloading—Special Regulation: Pursuant to LDR Section 4A.19 (H)(1), loading and unloading shall be restricted to side and rear yards and shall be prohibited within the front yard setback. The site plan indicates the designated loading and unloading area located along the south parking lot area, and thus, this LDR requirement has been met Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The existing refuse facility is located along the west property line facing NW 18th Avenue, and a new concrete block dumpster enclosure is proposed. The trash and recyclable bins will be rolled out to the parking area for disposal and pick-up by Southern Waste Systems. However, a detail of the proposed dumpster enclosure depicting the recycles bins needs to be provided, and thus, this is attached as a condition of approval. Right-of-way Dedication: Right-of way dedication: NW 18th Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for NW 18th Avenue, is 60' and 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of-way width. At the meeting of January 25, 2013, the City Engineer and DSMG reviewed the Saltwater Brewery project (also located along NW 18th Avenue) existing right-of-way width and did determine that a r-o-w of 40' was to be retained for this section of NW 18th Avenue. No additional r-o-w dedication was required. In order to keep consistency with this DSMG and City Engineer determination and being that the subject property is located only 206 linear feet north of the Saltwater Brewery, no r-o-w dedication will be required from the subject property. The existing back-out parking spaces onto NW 98th Avenue may continue as an existing non-conformity with this Class III site plan modification. Site Lighting: A photometric plan has been submitted that demonstrates partial compliance with the City's illumination standards per LDR Section 4.6.8(A)(3), Table ##2. The site lighting includes eight (8) wall mounted light fixtures: 7 light fixtures along the west side of the building which faces the main parking area, one (1) along the south parking area, and finally two light post located along the north side of the adjacent building to the south. It is noted that the maximum Foot Candle (FC) illumination level required by the Land Development Regulations for commercial and industrial parking lots is 12 FC while the minimum illumination standard is 1.0 FC. The illumination levels included in the photometric plan appear to meet these standards. However, the existing paved parking area along NW 18th Avenue r-o-w needs to be included within the photometric plan and a detail of the wall mounted light fixtures must be provided, and thus, this is attached as a condition of approval. Once this condition of approval is addressed, then positive findings can be made with respect to LDR Section 4.6.8(A)(3), Table #2. SPRAB Meeting of March 11,2C 71 NW 18th Avenue—Class III Site Plan Modification and Landscape Plan Page 6 Engineering Technical Items: while the revised engineering plans have been submitted to accommodate staff concerns, the City Engineer has not vet performed the review of the revised engineering plans, and thus, the original comments are still listed below and are to be addressed prior to site plan certification. The applicant may have already addressed these technical comments. However, submitting the project for additional Engineering review prior to going to the SPRAB Board would have delayed the project: Preliminary Engineering Technical Comments: 1, Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Indicate location of water meter and sanitary sewer cleanout to confirm proposed improvements are not in conflict. r 3. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 4. Provide pre- and post-development storm water calculations. Engineer must demonstrate pre-development historical storm water drainage flow on subject and adjacent properties. Show that proposed improvement does not result in ponding on adjacent properties. Under no circumstances shall a property be graded so that storm water runs off onto any adjacent property. 5. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). 6. Relocate exfiltration trenches, they are or portions are not allowed in public right-of-way. Also adjust location of proposed catch basins to ensure they are completely on customer side of property line. 7. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 8. Additional comments may follow after review of revised plans. LAND C,A`PE ANALYSIS A landscape plan has been submitted and evaluated by the Senior Landscape Planner. The new landscaping consists of Highrise Live Oak trees, Palatka Holly trees, Cabbage Palms, Pygmy Date Palms, Red Leaf Cocoplum, Green Buttonwood, Green Island Ficus, and Bahaia sod. The City Senior Landscape Planner has found that the proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16). There is one technical item that will need to be addressed and this item has been listed below. The project will be fully in compliance with LDR Section 4.6.16 once the technical item listed below is addressed. SPRAB Meeting of March 11,2L 71 NW 18=x'Avenue—Class II l Site Plan Modification and Landscape Plan Page 7 Landscape Technical Items: The following Landscape Plan item remains outstanding, and will need to be addressed prior to certification of the site plan: 1) Show the plantings proposed within the landscape island at the SW corner and in the southern landscape buffer. The island shall meet our tree and shrub/groundcover requirements. Perimeter canopy trees are required in the southern perimeter landscape buffer. These trees shall be a minimum of sixteen feet (16') in height, spaced thirty feet (30) on center. A,RCH.F TVi A EL.EW:ATtONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria 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. c) 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. The proposed renovation project will significantly improve the existing architectural elevations of the building. Several architectural design elements are used to achieve this goal, such as: parapets at different height intervals to create attractive plane changes with new decorative foam banding; horizontal and vertical stucco score lines with decorative medallions; also, placed over the access doors along the west elevation are six decorative arches with foam banding and decorative columns containing decorative base and capital, as well as, decorative tile insets and medallions. Three basic colors are being used to paint the existing building: the main body of walls and parapets will be painted with a light olive green color; standard doors, overhead doors, and interior part of the medallions will be painted light blue, while the decorative arches and columns will be painted with a clay color. The proposed facade renovation will represent a significant improvement to the existing building while enhancing the image of the City along a road that is very much in need of improvement. Also, the proposed improvements will provide a very substantial and much needed upgrade to the site. Based upon the above, the proposed site plan modification and architectural elevation changes are of good design and appearance as to be a positive contribution to the surrounding neighborhood while enhancing the image of the City. Therefore, positive findings can be made with respect to LDR Section 4.6.18(E). SPRAB Meeting of March 11,2L 71 NW 18th Avenue—Class III Site Plan Modification and Landscape Plan Page 8 REQUIRED FINDINGS. Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification), a Class III site plan modification is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). Pursuant to LDR Section 2.4.5 (G)(5) (Findings), with a Class III site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The subject property measures 0.6233 acres, is zoned MIC (Mixed Industrial and Commercial) and contains a 1-story 9,707 sq. ft. manufacture and warehouse building that was built in 1962. The proposed development includes the construction of 3,756 sq. ft. storage area addition to the north side of the existing building; the reconfiguration of the existing parking area located along NW 18th Avenue and the south side of the building to accommodate a total of 23 parking spaces including one handicap space, along with a loading/unloading area; Installation of a dumpster enclosure with roll-out recycle bins; and the installation of associated landscaping. The proposed modification will not have an adverse impact on the surrounding area and there shall be no concerns of the proposed building addition with respect to compatibility with the body shop and painting industrial building located to the south, the Totterdale industrial property which is located to the north, the light manufacturing building property to the west. Compliance with the Land Development Regulations was discussed earlier in this report. Pursuant to LDR Section 2.4.5(6)(5), findings of consistency with the Future Land Use Map, the Comprehensive Plan, and Concurrency of the development proposal are discussed below. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water service exists via service lateral connections to the existing 8" main along NW 18th Avenue r-o-w. Adequate fire suppression will be provided via an existing fire hydrant located on the west side of NW 181 Avenue across the street from the subject property. • Sewer service exists via an existing service lateral connection to an existing 8" sewer main located along NW 18th Avenue r-o-w. Traffic: The subject property measures 0.6233 acres, is zoned MIC (Mixed Industrial and Commercial) and contains a 1-story 9,707 sq. ft. manufacture and warehouse building that was built in 1962. SPRAB Meeting of March 11, 2, 71 NW 18th Avenue—Class lil Site Plan Modification and Landscape Plan Page 9 Proposed development includes the construction of 3,756 sq. ft. storage area addition to the north side of the existing building; the reconfiguration of the existing parking area located along NW 18th Avenue and the south side of the building to accommodate a total of 23 parking spaces including one handicap space, along with a loading/unloading area; Installation of a dumpster enclosure with roll-out recycle bins; and the installation of associated landscaping. The proposed building addition project project will generate a net new 12 Average Daily Trips (ADT), 1 AM net new peak hour trip and 1 PM net new peak hour trip. A letter from the Traffic Division of Palm Beach County has been submitted indicating that the project meets the Traffic concurrency standards of Palm Beach County. The project has an insignificant impact on the directly accessed thoroughfare link West Atlantic Avenue and Congress Avenue. The traffic generated will not have an adverse impact on this level of service standard. Based upon the above, a positive finding with respect to traffic concurrency can be made. Solid Waste: The solid waste generation of the existing 9,707 square foot of warehouse/furniture store use was 25.23 tons of waste per year (9,707 x 5.2 = 50,47612,000 = 25.23 tons). The proposed 3,756 square foot storage addition (3,756 x 5.212,000= 9.76 tons per year) will generate 9.76 tons per year. The 9.76 tons per year net increase can be accommodated and will not have a significant impact on this level of service standard. Parks and Recreation Facilities: Park requirements do not apply for nonresidential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Modification Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north, west, and south by the MIC (Mixed Industrial and Commercial) zone district; to the east it is bordered by the FEC Railroad track. The existing land use to the north is the Totterdale warehouse building which was built in 1947; to the west is a vacant industrial site, and a mini processing cement plant both of them across NW 18th Avenue r-o-w; to the south is a body shop painting facility and to the east is the CSX Railroad Track and 1-95 r-o-w. The proposed development will be compatible and harmonious with the adjacent properties and will provide a very substantial and much needed upgrade to the site. The improvements will be an aesthetic enhancement to the area. SPRAB Meeting of March 11, 2, 71 NW 18'"'Avenue—Class III Site Plan Modification and Landscape Plan Page 10 Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following is noted: Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal needs to provide a bicycle parking facility on the northwest side of site along NW 18th Avenue. Once provided, this facility will accommodate cyclist traffic approaching from Congress Avenue, West Atlantic Avenue, and NW 18th Avenue, and thus, this is attached as a condition of approval. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing 1-story 9,707 sq. ft. warehouse building will accommodate a new warehouse 3,756 sq. ft. building addition along the north side of the building. The proposal also includes the reconfiguration of the existing parking area located along NW 18th Avenue and the south side of the building to accommodate a total of 23 parking spaces including one handicap space, along with a loading/unloading area; installation of a dumpster enclosure with roll-out recycle bins; and the installation of associated landscaping. The proposed building addition will not have an adverse impact on the surrounding area or present any concerns with respect to compatibility with the surrounding industrial and commercial uses on the north, west and south side of the subject property. This conversion is appropriate in terms of future use and intensity for the subject property. The proposed building addition will not have a negative impact on the surrounding properties provided that all conditions of approval are satisfied. The proposed use will be compatible with the soil, topographic, and other physical considerations of the property. EUIE,W BY C? THES The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: • Delray Citizens Coalition Letters of support and objection, if any, will be presented at the SPRAB meeting. AS` ES,MENT ANp CONCLUSION SPRAB Meeting of March 11, .i 71 NW 18«'Avenue—Class III Site Plan Modification and Landscape Plan Page 11 The existing 1-story 9,707 sq. ft. warehouse building will accommodate a 3,756 sq. ft, warehouse building addition along the northwest area of the building. The proposal also includes the reconfiguration of the existing parking area located along NW 18th Avenue and the south side of the building to accommodate a total of 23 parking spaces including one handicap space, along with a loading/unloading area; installation of a dumpster enclosure with roll-out recycle bins; and the installation of associated landscaping.. The proposal will be consistent with objectives and policies of the Comprehensive Plan LDR Section 3.1,1 and Section 2.4,5(G)(5) of the Land Development Regulations. Compliance with the Land Development Regulations will be obtained provided the conditions of approval are addressed. The proposed landscape and parking layout will be an aesthetic enhancement to the subject property. ACTI,QN A. Continue with direction. B. Approve the waiver, Class III site plan modification, landscape plan, and architectural elevations for 71 NW 18th Avenue Feehan Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) (Findings), 2.4.7(B)(5) (Waivers) and Chapter 3 of the Land Development Regulations, subject to conditions. C. Deny the waiver, Class III site plan modification, landscape plan and architectural elevations for 71 NW 18t" Avenue Feehan Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5) (Findings), 2.4.7(B)(5) (Waivers) and Chapter 3 of the Land Development Regulations. ._. STA�FF ,R„EC:flMM, E„NDATIOf�i By Separate Motions: Move a recommendation of approval to the City Commission of the request for a waiver to LDR Section 4.4.19 (H)(3), to waive the requirement that overhead doors shall be prohibited from facing a public right-of-way, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan: Approve the Class III site plan modification for 71 NW 18th Avenue Feehan Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) (Findings) and Chapter 3 of the Land Development Regulations (Performance Standards), subject to the following conditions: SPRAB Meeting of March 11,'- 3 71 NW 18"'Avenue-Class III Site Plan Modification and Landscape Plan Page 12 1. That three (3) copies of the revised plans are submitted addressing all conditions of approval, engineering technical items, and Landscape technical items contained in the staff report; 2. That a bicycle parking facility needs to be provided in close proximity to the entrance of the building along NW 18th Avenue; 3. That the applicant needs to provide a bicycle parking facility on the northwest side of site along NW 18th Avenue; 4. That a detail of the proposed dumpster enclosure depicting the recycles bins needs to be provided; and 5. That the existing paved parking area along NW 18th Avenue r-o-w needs to be included within the photometric plan and a detail of the wall mounted light fixtures must be provided. Landscape Plan: Move approval of the landscape plan for the 71 NW 18t" Avenue Feehan Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Address all Landscape Technical Items and submit four (4) copies of the revised plans. Architectural Elevations: Move approval of the architectural elevations for the 71 NW 18th Avenue Feehan Warehouse, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Site Plan, Landscape Plan, and Architectural Elevations. Staff Report prepared by: Estelio. Senior Planner IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR JTS WOODWORKING AT 71 NW 18TH AVENUE 1. This waiver request came before the City Commission on April 21, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for JTS Woodworking at 71 NW 18th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. L WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.19(H)(3) Pursuant to LDR Section 4.4.19(H)(3), in the MIC (Mixed Industrial and Commercial) zoning district, overhead doors shall be prohibited from facing a public right-of-way. The applicant is requesting an overhead door on the northwest side of the building that is facing the NW 18th Avenue right-of-way. Should the waiver to Section 4.4.19(H)(3) allowing an overhead door that faces a public right-of-way be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of April 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Shirley O'Neal McKennon, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: April 1, 2015 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF APRIL 21,2015 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION,INC.(PBA) BACKGROUND Attached for approval is the Collective Bargaining Agreement between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA). The parties have reached a three (3) year agreement for the period beginning October 1, 2014 through September 30, 2017. The PBA ratified the attached Collective Bargaining Agreement on March 24, 2015. A summary of the major changes are as follows: 1. Wages (Article 9) . Parties agreed to salary increases for the years' wages were frozen (FY 09/10, 10/11, 11/12, 12/13 and 13/14). During the fiscal years 2015-2016 and 2016-2017, employees will be eligible to receive an individual performance increase in the range of 0% to 3%; longevity increase up to 3% based upon years of service; no top out lump sum bonus for employees who reach or are at the maximum salary range. 2. Sick Leave (Article 13) . Domestic partner was defined as a member of an employee's immediate household. 3. Workers' Compensation (Article 37) . Providing for absence from work due to injury or illness while on duty until the employee reaches maximum medical improvement or two (2)years, whichever comes first. 4. Pension Plan Matters (Article 41) . Both parties agreed to amend the City of Delray Beach Pension Code of Ordinances to include a four (4) Tier Pension Plan and allow the City to withdraw from participation in Chapter 185. Member Group Grouping Criteria Provisions Tier 1 All active members with 20+years of No change in pension benefits service and all retired and terminated members Tier 2 All active members with at least 10 years . Multiplier reduced from 3.5% of service but less than 20 years of service to 3% for all future service; all retirement benefits determined using the final average compensation as of the retirement and/or termination date. . Starting benefit limited to $108,000 per year . Compensation includes up to 25 hours of stipend pay . Participants remain eligible for DROP . COLA of not less than one percent I%will continue to be applied annually. Tier 3 All current active members not vested at . Multiplier reduced from 3.5% the time of Plan change to 3% for all future service, all retirement benefits determined using the final average compensation as of the retirement/termination date • Compensation excludes any stipend earned after the Plan change • COLA of not less than I%will continue to be applied annually • Participants remain eligible for DROP • Change average final compensation from 3 years to 5 out of last 10 • Starting benefit limited to $108,000 per year Tier 4 Members hired after the Plan change . All benefits accrue at 2.75% multiplier • Benefit limited to 68.75% of final average compensation • Normal Retirement changed to the later of age 55 or 25 years of service • Eliminated Early Retirement • Compensation excludes any stipend • Change average final compensation from 3 years to 5 out of last 10 • Starting benefit limited to $108,000 per year 5 5. Duration, Modification, and Termination, Reopener(Article 42) . This contract was ratified on March 24, 2015 by the Union 6 (yes) to 0 (no). Agreed to a three (3) year contract for the period of October 1, 2014 through September 30, 2017. TIMING OF THE REQUEST This item is time sensitive, as the terms of the contract began October 1, 2014. RECOMMENDATION By motion, ratify the Collective Bargaining Agreement between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. for the period of October 1, 2014 through September 30, 2017. COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. October 1, 2014 — September 30, 2017 POLICE LIEUTENANTS CITY OF DELRAY AND POLICE BENEVOLENT ASSOC.CONTRACT LIEUTENANTS 20L4-2017 TABLE OF CONTENTS Page Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation 4 Article 4 Labor-Management Committee 5 Article 5 Bulletin Boards 7 Article 6 Solicitation of or by Employees 8 Article 7 Management Rights 10 Article 8 Hours of Work 16 Article 9 Wages 18 Schedule A 21 Article 10 Hospitalization Insurance 22 Article 11 Holidays 24 Article 12 Vacation 26 Article 13 Sick Leave 29 Article 14 Leaves of Absence With Pay 32 Article 15 Leaves of Absence Without Pay 33 Article 16 Bereavement Leave 34 Article 17 Miscellaneous Considerations 35 Article 18 Nepotism 36 Article 19 Probationary Period - Promoted Employees 37 Article 20 Seniority 39 Article 21 Promotions 42 Exhibit A Promotion in the Police Department 44 Article 22 Outside Employment 46 Article 23 Resignation 48 Article 24 Non-Applicability of Civil Service Act 50 Article 25 Comprehensive Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept.Employees 51 Article 26 Damage to City Property 59 Article 27 Discipline 61 Article 28 Absence Without Leave 66 Article 29 Police Bill of Rights 67 Article 30 No Strike 69 Article 31 Personnel Documents 71 Article 32 Uniform Allowance 72 Article 33 Disability Insurance 73 Article 34 Sick and Vacation Pay-out Accruals 74 Article 35 Take Home Vehicle Plan 75 Article 36 Grievance Procedures 76 Article 37 Workers' Compensation 86 CITY OF DELRAY AND POLICE BENEVOLENT ASSOC.CONTRACT LIEUTENANTS 2014-2017 Article 38 Retiree Insurance 87 Article 39 Contract Constitutes Entire Agreement 89 of the Parties Article 40 Severability and Waiver 90 Article 41 Pension Plan Matters 91 Article 42 Duration, Modifications, and Termination 95 Article 43 Amendments 96 Article 44 Execution of Agreement 97 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 PREAMBLE This Agreement is entered into by the employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereinafter referred to as "City" , and the Police Benevolent Association, hereinafter referred to as the "P .B.A. " , for the purpose of promoting harmonious relations between the City and the bargaining unit represented by the P.S.A. , hereinafter referred to as "members" or "employees" , to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment . The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise . 1 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes the Police Benevolent Association (the PBA) as the certified bargaining agent for all employees in the bargaining unit for all matters relating to wages, hours, and terms and conditions of employment . Section 2 The bargaining unit represented by the PBA under this Agreement shall include all regular, full-time sworn law enforcement officers with a rank of Police Lieutenant . Excluded from the bargaining unit shall be all non-sworn employees of the Police Department, Police officers, Police Sergeants, Captains, Assistant Chief, the Chief of Police, and the Internal Affairs Lieutenant . Section 3 Correspondence, communications, or notices required by law or otherwise pertaining to bargaining unit members' wages, hours and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc . 2100 N. Florida Mango Road West Palm Beach, FL 33409 Attention: General Counsel 2 CITY OF DELRAY BEACH& POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 2 DUES CHECK OFF Bargaining unit members may voluntarily make arrangements with the City for a payroll deduction of PBA dues and uniform assessments . Upon receiving an authorization for dues deductions from the bargaining unit member, the City shall deduct such dues and uniform assessments from the subject bargaining unit member' s compensation and remit the amount deducted to the PBA. The PBA agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments, or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the PBA. The PBA further agrees to refund to the City any amounts paid to the PBA in error, upon presentation of proper evidence thereof . 3 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the PBA in all matters requiring mutual consent or other official action called for by this Agreement . The PBA agrees to notify the City Manager and the Police Chief, in writing, of the names of such authorized representatives as of the execution of this Agreement and replacements therefore during the term of this Agreement . Section 2 The PBA likewise agrees that during the term of this Agreement, the PBA and the employees covered hereunder shall deal only with the City Manager or his/her representative in matters requiring mutual consent or other official action. Section 3 The PBA may designate two (2) general representatives, in addition to its attorney, whose right it shall be to represent the employees in the bargaining unit, at those times set forth in this Agreement in which such employees are entitled to representation. 4 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 4 LABOR-MANAGEMENT COMMITTEE Section 1 There shall be a Labor-Management Committee consisting of the following employee-management representatives : (1) Two (2) bargaining unit representatives, as designated by the PBA. (2) Two (2) management Police Department employees, as designated by the Police Chief . Section 2 Meetings of this committee may be scheduled at the request of either party upon five (5) days notice in advance . The party requesting such a meeting shall forward to the designated representative of the other party an agenda specifying those questions/issues to be presented for discussion. The time, place, and duration of discussion shall be determined by the City. Section 3 The sole function of the Labor-Management Committee shall be to discuss general matters pertaining to employer-employee relations . The Committee shall not engage in collective bargaining or the resolution of grievances . 5 CITY OF OELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 4 The City will endeavor to schedule such committee meetings so as not to unduly interfere with the regularly scheduled shift of any bargaining unit member designated to attend. The PBA shall submit to the Police Chief (or his/'her designee) in advance, and keep current, a list of those bargaining unit members who will be designated for said Committee - 6 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 5 BULLETIN BOARDS The PBA may provide one (1) serviceable, locked and glass- encased bulletin board in the Police Department build=ng for use by the PBA in posting notices of PBA business and activities . All materials posted must be signed by the lieutenant of the PBA, who shall be held responsible for the content of such materials . A copy of all such materials shall be provided to the Police Chief or his/her designee in advance of such posting. The bulletins, notices, mobile digital computers, Microsoft Outlook, or materials posted shall contain nothing of a political nature (excluding political material relating to PBA elections) and nothing of a derogatory nature toward the City, its elected officials or employees, as determined by the City. 7 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 6 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable, or union purposes, and selling of tickets, magazines, and other merchandise, is prohibited. Section 2 Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police vehicles, police stations, fire stations, and any similar public installations . This section shall not be construed to prohibit the distribution of literature during the employee ' s lunch hour or in such areas not specifically devoted to the performance of the employee ' s official duties . 8 CITY OF DELRAY BEACH&:POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 C. Solicit for commercial, charitable, or union purposes, and sell tickets, magazines, or other merchandise while in City uniform or attire, or while using City vehicles or equipment . 4 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 7 MANAGEMENT RIGHTS Section 1 The City exclusively reserves and retains all rights, powers, prerogatives and authority customarily exercised by management and held or exercised by the City prior to the certification of the PEA, except as limited by law or expressly modified by this Agreement . Section 2 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, and subject to the PBA' s right if any to impact bargain, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it is advisable to do any or all of the following: 1 . To manage and administer the affairs of the City generally. 2 . To decide the purpose of each of its constituent agencies . 3 . To set standards of service to be offered to the public . 4 . To exercise control and discretion over its organization and operation. to CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 5 . To direct its employees . 6 . To relieve its non-probationary employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he was promoted. In the event a promoted probationary employee is removed for failure to satisfactorily perform job duties, he/she shall be returned to the position from which he/she was promoted (and this shall nct be construed as a limitation upon or a waiver of the City' s right to discharge or discipline such a promoted probationary employee) . The City may likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his/her former position. 7 . To relieve other probationary employees from duty for any reason. 8 . To determine and redetermine work schedules . 9 . To maintain order and efficiency in its operations . 10 . To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such starting and quitting times, except that no such advance notice shall be required in cases of emergency as determined by the City. Il CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 11. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City. 12 . To require employees to submit to a medical examination by a physician designated by the City. 13 . To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement . 14 . To set the standards and procedures for application, testing, selection procedures, and appointment to positions in the Police Department. 15 . To take disciplinary action against employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement . 16 . To enforce and make amendments to the General orders at any time, and to enforce the provisions in such General Orders against both probationary and non- probationary members of the bargaining unit, and to take disciplinary action against employees for failure to follow the provisions of such General Orders . However, the exercise of such rights by the City shall not necessarily preclude employees or their representatives from raising grievances, should 12 CITY OF DELRAY BEACH& POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 decisions on the above matter set forth in this subsection have the practical consequence of violating the terms and conditions of this Agreement . 17 . Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. 18 . To require enhanced supervision of both probationary and non-probationary employees under reasonable circumstances. 19 . To hire, promote, demote, evaluate, compensate, transfer, assign, direct, layoff, recall, or reward employees . 20 . To determine, re-determine, and direct the policies, mode, and methods of performing work of any sort . 21 . To determine the qualifications for and to select its employees . 22 . To determine the size and composition of its work force . 23 . To assign overtime work and to select persons to perform such overtime work, subject to existing practices of equitable distribution of overtime opportunities . 24 . To determine the number and types, and to control, regulate, or discontinue the use, of vehicles, 13 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 equipment, processes, materials, supplies, and other property, to be used, operated, or distributed. 25 . To institute and establish new methods and procedures of training of unit employees, and to engage in such training methods and procedures . 26 . Subject to any legal rights of incumbent employees to the contrary, to determine and redetermine job content, job descriptions, and all qualifications for job classifications . 27 . To determine the amounts and types of work to be performed by employees . 28 . To determine whether and to what extent the work required in its operations shall be performed by employees covered by this Agreement. 29 . To use managerial, supervisory, or other non-unit employees to perform work performed by employees of the unit . 30 . To open new facilities, and to transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities . 31 . To subcontract all or any part of its functions , operations, or work. 32 . Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine, transfer, assign, cease or create any job, job classification, department or operation. 14 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 33 . To introduce new, different, or improved methods, means, processes, maintenance, service, and operations . 34 . To discontinue conduct of its mission or operations in whole or in part . 35 . To take all actions necessary to ensure compliance with federal and state equal employment opportunity laws, including, but not limited to, Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990 . 36 . Except as specifically provided in this Agreement, to have complete authority to exercise those rights and powers which are incidental to the rights and powers enumerated above. 15 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 8 HOURS OF WORK Section 1 The regular work schedule shall be eighty (80) hours in a 2.week cycle. The number of hours per day and days per week shall be determined by the Police Chief . Work schedules of bargaining unit members shall be established and implemented in the sole and exclusive discretion of the Police Chief . Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to : rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel, and emergencies . No such deviation shall be considered a violation of this contract . Recognizing that the Department has an obligation to provide sufficient staffing, the City will attempt to avoid causing an employee covered by this Agreement to work two (2) consecutive shifts, except in unusual circumstances as determined by the Chief of Police or his/her authorized designee _ 16 CITY OF DELRAY BEACH&: POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 3 For all employees the scheduled work day shall be broken down into fifteen (15) minute segments . An employee shall be noted as late for work if he/she does not report ready for work at his/her work station at his/her starting time. Section 4 The parties acknowledge that the employees in the bargaining unit are exempt from the overtime requirements of the Fair Labor Standards Act . Section 5 An employee who is temporarily and continuously assigned by the proper authority to perform the duties of a higher classification for more than three (3) consecutive shifts, will be compensated for the time spent in the higher classification at a rate of five percent (5%) above his/her regular base salary. once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor, and shall continue until the employee ' s continuous service as an acting supervisor ceases . 17 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2414-2017 ARTICLE 9 WAGES Section 1 Effective October 1, 2014 , employees shall be paid in accordance with Schedule A. It is agreed between the parties that the salary schedule for bargaining unit employees is as follows : Fiscal Year 2014-2015 Minimum Maximum Police Lieutenant $94 , 500 $111, 276 Fiscal Year 2015-2016 Minimum Maximum Police Lieutenant $97, 355 $114 , 614 Fiscal Year 2016-2017 Minimum Maximum Police Lieutenant $100, 255 $118, 052 *based on a 40 hour work week. Section 2 During the fiscal years 2015-2016 and 2016-2017 , Police Lieutenants shall be eligible to receive an individual performance increase, in the range of Oo through 3% inclusive . Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other City employees . An employee who reaches or 18 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 is at the maximum amount of the salary range during fiscal years 2015-15 and 2015-17 and who receives only a portion of the recommended merit increase for each fiscal year, shall not receive a top-out lump sum bonus . Section 3 Night Shift Incentive - Employees who work evening shifts shall be paid an incentive. Accordingly, an assignment where the majority of the shift hours occur after 5 : 00 p.m. shall be paid at the rate of $1 . 00 per hour for all hours worked without limitation by any "Maximum" established in this Agreement . Section 4 Educational Incentive Compensation - Employees covered by this agreement who obtain a Bachelor' s and/or Associate Degree levels of higher education from certified colleges and universities after the ratification date of this agreement, shall be compensated as follows : Bachelor' s Degree - $2 . 00 per hour Associate' s Degree - $1 . 00 per hour The Educational Incentive shall be paid within the salary range and be included in pension calculation. Section 5 Employees who are fluent (speaking, reading, writing and listening) in Creole or Spanish will be eligible for Language Incentive pay at the rate of $ . 43 per hour. The Language 19 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Incentive shall be paid as a bonus outside the salary range and shall be included in the pension calculation. To be eligible for the Language Incentive pay, employees must first pass a language proficiency test given by a vendor selected by the City. Section 6 Stipends will be paid to Lieutenants when they perform work outside the scope of their job description as determined by the sole discretion of the Police Chief . Lieutenants will be provided a stipend as follows : • Fiscal year 2014-15 - $68 . 15 per hour • Fiscal year 2015-16 - $70 . 20 per hour • Fiscal year 2016-17 - $72 . 30 per hour Any Lieutenant who performs work within the scope of their jab description will not be entitled to a stipend. 20 LO L9 Ln 0 o c) o m Lri LO LO o 6 e3 is ctr N CD N i � c m CO � O s Q 01 O O Os V O O CN N N 4 O O O O O O O Q O N N N N N N N ll7 Lri In LF] LD V) Ln M co M M O O o p p O O co 00 co cc co 00 � O O O O O O 4 Fi} 64 64 . 6rf OF t4 W 4i (3� 0� q �C5 ca 4 }rl FA d3 69 69 69 fA H3 y -- U N p O 4 O O O F P� co N �O (O V C, u7. 4 CO Q Ili [-- ti co r (3i O C, m M CO 00 m m E— 00 0 Q) m m 07 Z E9 E9 64 6Fi E9 U O O O O O O p N N N N N �_ b3 EH y} lid 6-1 G4 0# F^ _Q („) Ln tl' ti h m 1- O O M O N r q i0 V V It rf V Ufl my U} E9 EH FF? d"7 Q � F" F- F -j Q Q Q Q Q S Q r W W W W LLU W w W - 7 7, D D LU w W W w W w J 1 z J _I 1 1 m W w w W w W w W U U U U U t7 U U J 1 1 J J 1 J O CL I �r w U w w z n ¢ w n W m z U O m o b g > O f o o LLU ui w d q ? m w w w x w O z z U C >- M:z D ¢© w w CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 10 HOSPITALIZATION INSURANCE Section. 1 The City agrees to pay the total medical and hospitalization insurance premium for all bargaining unit employees for the coverage that is in effect for general employees . The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium for all bargaining unit employees under the new coverage . Section 2 All bargaining unit employees shall pay the total medical and hospitalization insurance premiums for any dependant coverage which they may elect . The Parties agree that state or federally mandated health insurance plans may impact the Parties' rights and obligations . The Parties agree that if there are such mandates during the duration of this Contract, the impact thereof shall be subject to bargaining. 22 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductibles and insurance benefits provided to bargaining unit employees shall not be reduced during the tertu of this Agreement . 23 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 11 HOLIDAYS Section 1 The following days shall be holidays for all regular full- time employees : New Year' s Day Independence Day Martin Luther King, Jr, ' s Birthday Thanksgiving Day Memorial Day (last Monday in May) Thanksgiving Friday Personal Holiday Christmas Eve U per fiscal year) Christmas Day Labor Day Veterans Day and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief . Shift Lieutenants and Special Operations Lieutenants shall have eleven (11) holidays (88 hours) , per fiscal year, the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his/her authorized designee, on any regular scheduled work day during the contract period, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee must be made ne later than twenty-four (24) hours prior to the date (s) selected. 24 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 2 Shift Lieutenants and Special Operations Lieutenants, a maximum Of 44 hours can be used for pay out of holiday options, and a minimum of 44 hours must be used for time off . 25 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 12 VACATION Section 1 Regular, full-time bargaining unit members shall receive annual vacations, which may be accumulative from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 VACATION ALLOWANCE CHART Years of Continuous Service Other Full Time Personnel Over, but less than Vacation Hours 0 years 3 years 8 . 00/month 3 years 7 years 9 . 33/month 7 years 11 years 10 . 65/month 11 years 12 . 00/month The accumulation of vacation days at each of the stages referenced above shall commence during the fourth, eighth, or twelfth years, respectively, of continuous service . For example, an employee in his/her fourth year of continuous service would be earning vacation time at the rate of one hundred twelve (112) work hours per year so that at the end of the fourth year of continuous service for that fourth year, the employee would have available one hundred twelve (112) work hours to take during the next year (the fifth year) ; and, that the rate of one hundred twelve (112) work hours per year vacation time would continue to be accumulated annually in the fifth, sixth, and seventh years of continuous service; the rate 26 CITY OF DELRAY BEACH&POUCE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 of one hundred twenty-eight (128) work hours would then be accumulated between the employee' s seventh anniversary date and the employee ' s eighth anniversary date . Section 3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence . Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. Section 4 when legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed, or paid as straight time, at the employee ' s option. Section 5 An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service. 27 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 B. He/she gives at least two weeks ' written notice of his/her intent to resign and the written notice or copy of same is filed with the City Manager' s office at least two weeks prior to separation. Section 6 Vacation time is subject to the following requirements : The maximum accumulation permitted will not exceed two hundred eighty-eight (288) working hours . All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Chief of Police and City Manager. 28 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 13 SICK LEAVE Section 1 The PBA recognizes that sick leave is not a privilege which an employee may use at his/her discretion and it shall be allowed only for the following: A. Employee ' s injury, illness or quarantine due to exposure to contagious disease . B. Actual illness of a member of an employee ' s immediate household (wife, husband, domestic partner or child) where care by the employee is required. Section 2 All regular full-time employees may be given sick leave with pay at the rate of eight hours for each calendar month of continuous service during which there were no absences without leave, provided: A. Sick leave credits shall accrue during the first six months of service, but shall not be granted until completion of six months of continuous service. B. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 29 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 C. If an employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. D. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one thousand one hundred twenty (1, 120) hours. The employee may bank all unused sick leave each year until the one thousand one hundred twenty (1, 120) hours maximum is reached. Section 3 Employees who resign in good standing shall receive pay at their then regular hourly rate for the portion of their accrued sick leave stated below, not to exceed a total payment of five hundred sixty (560) hours : Years of Continuous Service Percentage of Accrued Sick Over, but less than Leave to Be Paid 0 - 5 -0- 5 - 10 250 10 - 15 50a 15 - 20 750 20 or more 10 0 0 (at Retirement) or up to 560 hrs in cases other than retirement or death. Employees who retire from the City in good standing after twenty (20) years under the City of Delray Peach Police and 30 CITY OF DELRAY BEACH k POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Firefighters Retirement System shall receive pay at their then regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of one thousand one hundred and twenty (1120) hours . Section 4 Employees reporting in sick or unable to report for duty must do so not later than thirty (30) minutes prior to their reporting time, except in cases of emergency as determined by the Police Chief. All employees will report to the Communications Section. Reporting must be done by the employee himself/herself, and any failure to report shall be considered as absence without leave . The Police Chief or his/her designee may investigate absences on account of sickness to determine their validity. When absence is for three or more working days, the Police Chief may require the employee to provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Violations of this policy may result in discipline up to and including termination. Section 5 In case of death of an employee, payment for unused sick leave, pursuant to Section 3, shall be made to the employee' s beneficiary, estate or otherwise provided by law. 31 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 14 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Police Chief and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body, except such appearances required because of the personal matters of the employee or his/her family. B. official training courses such as conferences, conventions, workshops, or similar meetings approved by the City. 32 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 15 LEAVES OF ABSENCE WITHOUT PAY Upon written request of an employee and approval by the Police Chief, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice to the interests of the City. 33 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 15 BEREAVEMENT LEAVE Section 1 When a death or critical illness, in which death appears to be imminent occurs in the family of an employee, the employee may be allowed three (3) shifts if occurring in the State of Florida and five (5) shifts if occurring outside the State of Florida. For the purpose of this article, family is defined as follows : father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild, grandparents, foster parents, foster children, step-children, step-parents or domestic partner as qualified through Palm Beach County' s domestic partner registration program. No other persons shall be contained within the definition of family except as specifically set forth herein . Section 2 Bereavement leave will not be charged against sick leave, vacation, or holiday time . Additional time for bereavement leave may be requested by the employee, and if granted by Police Chief and City Manager, shall be charged to one of the foregoing categories . Section 3 The employee may be required by the Police Chief to furnish evidence of the facts justifying the use of bereavement leave . 34 CITY OF DELRAY BEACH&;POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 17 MISCELLANEOUS CONSIDERATIONS Both Parties acknowledge that during the term of this Agreement with the City, with input from the PEA, will agree to further study certain additional matters regarding the employment conditions and terms for bargaining unit employees, including: A. In order to be eligible for the rank of Lieutenant a candidate must meet the following requirements : 1. Must be currently employed as a Sergeant with the Delray Beach Police Department for a minimum period of two continuous years . 2 . Must not have been suspended as a result of a disciplinary action within one (1) year of the next written promotional examination. 3 . Must have an Associate' s Degree or better from an accredited college. Those who have atrained the rank of Lieutenant prior to the ratification of this contract are grandfathered in. The PBA agrees that it shall be its obligation to submit in a timely fashion to the City any ideas concerning the above in order for the City to consider same during this contract period. 35 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE IS NEPOTISM No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would directly exercise regulation or control over any individual who is a relative of a City official or employee . A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department if the related City official or employee is, or would be, the person' s direct supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative"' , as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, step- daughter, stepbrother, stepsister, half brother, or half sister. 36 CITY OF DELRAY BEACH&:POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 19 PROBATIONARY PERIOD - PROMOTED EMPLOYEES Section 1 There shall be a probationary period of one year for each employee in the bargaining unit who is promoted to a higher classification within the bargaining unit _ This probationary period shall commence from the employee ' s initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his/her designee shall have the right to remove the probationary employee from the position to which that employee was promoted with or without cause . Any probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure . A probationary promoted employee who is removed from the position to which he/she was promoted, shall return to the position from which he/she was promoted (however, this shall not be construed as a limitation on or a waiver of the City' s right to dismiss or discipline such a probationary promoted employee for just cause) . Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his/her former position. In this event, none of the employees moved back to their former position will have a right to appeal said action under the provisions of this Agreement, or any other policy or procedure . 37 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 2 The Chief of Police, at his/her sole discretion, may extend the probationary period for a period not to exceed 90 calendar days, during the pendency of an internal affairs investigation. 38 CITY OF DELRAY BEACH&.POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 20 SENIORITY Section 1 The City agrees that seniority shall consist of continuous accumulation of paid service with the Department . It shall be computed from the date of employment as a sworn employee with the Department. Seniority shall accumulate during all approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Section 2 In the event of layoff for any reason, the employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees who are affected by a layoff and have received less than satisfactory performance evaluations during the year preceding the evaluations shall, with approval of the Police Chief, have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall .. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all 39 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this article . "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail sent to the last address listed with the Department as his/her home address or by giving a laid off employee personal notice to return to work. If the affected employee has not responded to recall within three (3) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or if the affected employee has not responded to personal notice recall within three (3) work days, then that employee shall be considered to have refused recall . Section 3 Shift work assignments shall be made according to seniority. For purposes of this section, seniority is defined as the amount of continuous service an employee has in his/her rank. Shift selection shall occur one time annually. 1 . All efforts shall be made by the City to abide by seniority as it affects shift work assignments . In those instances where the City determines that the compelling need of the City outweighs the individual employees' seniority right to shift selection, the City may veto that selection based upon just cause. The affected employee shall have the right to appeal 40 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 this veto through the chain of command to the level of Chief of Police who shall possess the power of final and binding arbitrator. 2 . Management reserves the right to determine the staffing levels . 3 . The City shall not make a shift assignment that is arbitrary and capricious . 4 . In the event of a vacancy between the described selection period, the filling of that vacancy shall be based on seniority as defined in this section. 41 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 21 PROMOTIONS Section 1 - - Promotional Procedure The City will announce promotional examinations at least thirty (30) days in advance . A copy of any reference material in the City' s possession will be made available. All promotional vacancies shall be filled in accordance with criteria established by the City Manager or his/her designee . Promotional examinations and eligibility for same shall be conducted in accordance with the procedures and requirements set forth in Exhibit A to this contract, a copy of which is attached hereto and made a part hereof . The Parties agree that although none of the members of the bargaining unit shall be covered under any Civil Service Act of the City of Delray Beach, the City may utilize the services of the Civil Service Board for the purposes of preparation, monitoring, and scoring of both entrance level and promotional examinations . However, the use of the Civil Service Board by the Human Resources Department in such a manner shall not be construed as providing the Civil Service Board with any jurisdiction. Employees do not have the right to file any appeals or grievances with the Civil Service Board relative to the examinations, including, but not limited to the examinations, conditions, scores, and the contents of the examinations themselves . 42 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 2 -- Effect of Promotion on Wages and Employment Anniversary Date (a) When an employee is promoted into a Lieutenant' s classification, the employee' s wages shall be increased to ten percent (l00) more than the employee earned prior to the promotion. In addition, Lieutenants shall receive the 3% ICMA Match as long as other Management Level employees in the City receive this match. Lieutenants shall also receive The Fair Labor Standard Act Days off with pay according to City Policy. 43 CITY OF DELRAY BEACH&POLICE.BENEVOLENT ASSOCIATION CONTRACT 2034-2017 EXHIBIT A PROMOTION IN THE POLICE DEPARTMENT All sworn personnel desiring promotion in the Police Department will be required to take the appropriate promotional examination. In addition to the general requirements for City promotion, employees will be required to meet the following qualifications to be admitted to such examination: A. Anyone taking an examination shall be an employee of the Police Department of the City of Delray Beach at the time of taking such examination. B . An employee within the period of an authorized leave of absence from the Police Department of the City of Delray Beach shall be eligible to take such examination, provided the period of the leave of absence shall not be considered in calculating the "time in grade" requirement of these rules . Written promotional examinations shall be augmented by oral interviews and staff evaluations - The oral interview shall be conducted by members of neighboring law enforcement agencies and/or a city official or community leader within the City of Delray Beach or a neighboring City. The respective weights given to written examinations, oral interviews, and staff evaluations to determine the candidate ' s total rating shall be : 44 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Written examination 500 Oral interview 25% Staff evaluation 250 An aggregate score of 70% must be attained to be eligible for promotion. 45 CITY OF DEFRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 22 OUTSIDE EMPLOYMENT Section 1 No member of the bargaining unit may hold outside employment unless the employees written request for approval of such employment is recommended for approval by the Police Chief and reviewed by Human Resources . The granting of such approval is expressly contingent upon the following: A. Assurance that the employee ' s City position is of primary importance, B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. D. Payment to the City for such services, if applicable, shall be a rate to be set exclusively by the City Manager. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be renewable in January, the first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation) , as well as independent contracts by employees to provide labor, services, or materials . 46 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Section 3 No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers ' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation (s) from the employee ' s physician and/or from the City' s physician. 47 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 23 RESIGNATION Any employee who wishes to resign in good standing shall give the Police Chief written notice of his/her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Police Chief . Notice of resignation shall be immediately forwarded to Human Resources together with said employee' s termination forms . If any employee resigns without giving the required notice, the Police Chief shall notify Human Resources . Human Resources shall enter this fact on the employee' s records; and failure to give such required notice of resignation may be considered sufficient reason, for rejecting any future application of said employee to reenter City Service. The Police Chief may enter good standing records for an employee who fails to give two (2) weeks notice if he/she feels there were extenuating circumstances . Any employee who is absent from duty for three (3) consecutive shifts without securing approved leave from the employee' s superior, may be, considered to have resigned without notice . It shall be the duty of the Police Chief to report all unauthorized leaves immediately to Human Resources in the manner 48 CITY OF DELRAY BEACH R POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 prescribed, All such unauthorized leaves shall be posted on the employee' s records and may be considered in the employee' s merit rat i.ngs . 49 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 24 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the employees covered by this Agreement except as modified herein. 50 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 25 COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES The City recognizes that Police Department employees are not immune from problems that confront society in general . The problems of drug and alcohol abuse are widespread throughout our community and nation. In the face of these problems, it is critical that the City of Delray Beach Police Department maintain a working environment free of alcohol and drug abuse . The primary objective of this policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the public . I. Definitions A. Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employees ability to perform his or her job duties . The use, or being under the influence of alcohol or alcoholic beverages on the job by Police Department employees is strictly prohibited. B . Drug abuse means the ingestion of any controlled substance as defined in Section 893 . 173 , Florida Statutes , as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited by Chapter 893 , of the Florida Statutes, as amended from time to time . 51 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 C. Illegal drugs means any controlled substance as defined in Section 893 . 03 , of the Florida Statutes, as amended from time to time, not possessed or taken in accordance with a lawful prescription. II . Physical Fitness and Examinations A. Every applicant for Police Department employment (including applicants for full-time, part-time and volunteer positions) , and each re-employed employee may be required to present proof that he or she is physically fit to perform the duties of the job which the applicant or re-employed employee seeks . Applicants for employment may be required to take a physical examination, including blood or urine tests for the presence of illegal drugs . Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the applicant seeks . The physical examination shall be completed prior to the applicant ' s entry on the job. B. All Police Department employees, including managerial and supervisory employees, are required to take an annual physical examination at such times as may be specified within the calendar quarter in which the employee ' s anniversary date occurs . C. Any such annual physical examination taken by the Police Department employees shall include a blood/urine test for the presence of illegal drugs and alcohol . 52 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 D . All employees subject to certification by the Florida Department of Law Enforcement shall meet all statutory and regulatory physical and medical requirements for initial certification. E. The City Manager, or the Chief of Police, or an Assistant City Manager, or City Attorney, or Human Resources Director, may also require an employee to take a physical examination, that shall include a blood/urine test for the presence of illegal drugs or alcohol, at any time the City Manager or Police Chief, or Assistant City Manager, or City Attorney, or Human Resources Director reasonably believes that the employee is not physically or medically fit to perform his or her duties . F. Furthermore, the City Manager, or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief, or other supervisory employee has a reasonable suspicion that the employee has been on duty, or has reported for duty, under the influence of alcohol or illegal drugs . G. The use of illegal drugs on or off duty by employees of the Police Department is strictly prohibited. The City Manager or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief of 53 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2417 Police, or other supervisory employee has a reasonable suspicion that the employee is using illegal drugs or under the influence of alcohol . A reasonable suspicion is a suspicion which is based on fact derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted. H . Random testing for alcohol and/or controlled/illicit drugs shall be performed in conjunction with this Article . Random selections of employees will be made by a third-party contracted firm using a U.S . Department of Transportation (DOT) approved random selection computer program. An employee selected for random testing shall be tested on the day his/her name is selected if on duty. If off-duty, the employee shall be tested on his/her next regular day of work. The total number of random drug tests given per year will not exceed fifty percent (509s) of the total number of bargaining unit members. No more than 10% of those selected for drug testing will be tested for alcohol. . I . The City will pay the cost of any physical examinations and tests required by this policy. The examination will be performed by medical personnel selected by the City. Employees who take a physical examination or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the City. The City shall strictly observe and maintain the confidentiality of such employee medical records to the extent permitted by law. 54 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 J. Any employee who fails or refuses to take a physical examination or give a urine or blood sample in accordance with this policy shall be subject to disciplinary action up to and including dismissal . III. Blood/Urine Pests for the Presence of Alcohol and Drugs A. In testing for the presence of alcohol, the City shall utilize a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. B. At the time the testing occurs, two (2) specimens of urine and two (2) specimens of blood shall be taken, the first set of which shall be used by the first laboratory and the second set of which shall be used by a second laboratory, if requested. In testing for the presence of illegal drugs and alcohol, the City shall submit the first set of the samples for testing, which, in the first instance, shall utilize an immunochemical assay or radio immunoas say test on the employee ' s blood/urine . If the initial test is positive for an illegal drug or alcohol, the same blood/urine specimen shall be subjected to a further test using the gas chromatography, thin layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees, if both the initial and verification tests are positive for an illegal drug or alcohol, the employee shall receive notification of results from the City in the manner set forth herein. In order to timely provide such notification, the employee shall be 55 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 required to contact by telephone or in person a City representative designated in advance by the City, not later than one (1) hour after a date and time specifically given to the employee for his/her requirement to contact a designated City representative by telephone . At the time the employee makes such contact, the employee must decide whether or not he/she wishes the second set of specimens provided at the initial collection to be further tested by the City. If the employee so requests, then this second set of specimens shall be tested by the City utilizing medical personnel different from that used by the City for the initial test . If the employee fails to contact the City representative within the time frame set forth above, or the employee does not request the testing of the second set of specimens, or if the employee does request the testing of the second set of specimens and it also tests positive for an illegal drug or alcohol, corrective action shall be taken as specified below. IV. Corrective Action A. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs or under the influence of alcohol shall not be considered fit to perform the duties of the job which the applicant seeks . B. Employees (probationary and non-probationary) whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the 56 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 influence of illegal drugs or alcohol while on duty, shall be terminated. C. Any non-probationary employee who is found to have engaged in off-duty alcohol abuse which adversely affects the employee ' s ability to perform job duties may be placed on a leave of absence without pay for a period of up to sixty (60) days. The leave of absence may be extended for good cause by the City Manager up to an additional fifteen (15) days . The employee may use any accumulated sick leave or vacation during the leave of absence . The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol . The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by a physician designated by the City, the employee shall be eligible to return to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence . Prior to resuming employment with the City, the employee shall be required to take a physical examination which shall include a blood or urine test for the presence of alcohol and/or illegal drugs . The returning employee shall be placed on probationary status for a period of one (1) year following his/her return to City employment. During the one year probationary period, the City may require the employee to take unannounced blood or urine tests for the presence of alcohol and/or illegal drugs . If at any time during the probationary period or thereafter, the employee ' s blood or 57 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures set forth in Section. III (B) , above, the employee shall be subject to disciplinary action, up to and including dismissal , 58 CITY OF DELRAY LEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 26 DAMAGE TO CITY PROPERTY Section 1 Each police employee shall exercise due caution in the care and handling of all tools and equipment which may come into his/her custody, or over which he/she may have a degree of control . Any police employee who loses, misuses, or damages through his/her carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline . when in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee . All tools and equipment issued to a police employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted) . Section 2 The City will be responsible for full replacement costs for prescription glasses and contact lenses damaged on duty through no negligence of the employee provided the employee presents a replacement receipt at the time of replacement . The City will be responsible for replacement of damaged watches and non- prescription sunglasses up to fifty dollars ($50 . 00) . The City 59 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 will not be responsible for the replacement of jewelry or ether personal property carried at the employee ' s discretion. 60 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2414-2017 ARTICLE 27 DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee for just cause which he/she considers will promote the efficiency of the City' s service . Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion or suspension, based on the City Manager' s determination of the gravity of the offense; however, dismissal or discipline may be made for causes other than those enumerated: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. B. Has violated any lawful or reasonable order or regulation, or has failed to obey any reasonable or lawful direction by a superior. C. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs . D. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while 61 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 off duty when it reflects unfavorably on the City or interferes with the operations of the City. E. Has been wantonly offensive in his/her conduct or language toward the public or toward any City employee or official . F_ Has been incompetent, negligent, or inefficient to such an extent that his/her performance falls below the minimum prescribed standard. G. Is careless or negligent of the property of the City of Delray Beach, or steals or misuses any equipment, materials, property, or other things of value belonging to the City. H. Has used, or threatened to use, his/her position for personal gain or advantage, or has attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase, to influence pending disciplinary matters or change in character of work. I . Has taken any fee, gift, or other valuable thing in the course of his/her work or in connection therewith for his/her personal use from any firm, corporation, or individual when such fee, gift, or other valuable consideration is accepted with the understanding that the donor shall receive favors and service therefor not customarily accorded the general public . J. Has falsified time records, other official City records, or has failed to report absences from duty to 62 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 his/her superiors in accordance with prescribed procedure . K. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. L. Has been excessively absent from work; has been repeatedly absent from work without notifying his/her immediate supervisor, or has repeatedly reported late for work. M. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave_ N. Is antagonistic in his/her attitude toward his/her supervisor or fellow employees; continually criticizes orders or rules issued or adopted by his/her superiors; or conducts himself in such a way that it interferes with the proper coordination of the work effort in his/her department to the detriment of efficient public service . Q. Upon the expiration of earned sick leave, fails to report to the Police Chief his/her inability to return to work, if such is the case. P. Has been convicted of the unlawful possession, use, dispensing, or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing, or hallucinogenic drug, or conspiracy to do same, while either on or off duty. 63 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Q. Has made a significant emission on his/her application for employment, or has falsified it in any way. R. Has been found guilty by a court of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses . S . Has been found to have used anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions . Disciplinary action shall be taken only as provided pursuant to Article 27 . The City Manager shall furnish the non-probationary employee or the promoted probationary employee whom he dismisses from the City service with a written statement outlining in detail reasons for the removal, and the date and time such removal becomes effective . A copy of the statement shall be furnished to the Police Chief . Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place the employee on leave of absence with or without pay. During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee . However, if the employee is subsequently found not guilty by a trial court of all of the criminal charges which had been instituted against the employee, and if no notice of potential 64 CITY OF DELRAY BEACH c4r POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. 65 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 28 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action, including suspension, demotion or dismissal in repetitive or extreme cases . Section 2 Any employee who is absent from duty for three (3) consecutive shifts without notifying the shift supervisor or commander of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice . 66 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 29 POLICE BILL OF RIGHTS Section 1 The City of Delray Beach agrees that in the investigation of all bargaining unit members all rights articulated in Florida Statutes, Section 112 . 532 and Section 112 . 533 (as amended from time to time) shall be provided. The PBA may post a copy of Sections 112 . 532 and 112 . 533 , Florida Statutes on the bulletin boards referenced in Article 5 . Section 2 Interrogations shall be conducted, preferably at a time when the bargaining unit member is on duty, unless the seriousness of the investigation is of such a degree that an immediate action is required. Nothing herein shall prohibit the adjustment of the schedule of the bargaining unit member under investigation so that the interrogation can take place during business hours . Section 3 The City agrees that all notices that investigations have been concluded, with the accompanying opportunity to submit responses, if any, shall be provided to the PBA representative or attorney of record simultaneously with notice to the bargaining unit member subject of the investigations . Said 67 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 notices shall be provided to the bargaining unit member' s PBA representative or attorney of record together with a complete copy of the completed investigative report. 68 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 30 NO STRIKE Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the bargaining unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the bargaining unit from the full and faithful performance of their duties of employment with the City of Delray Beach, participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement . Section 2 No member of the bargaining unit may participate in a strike . Any violation of this provision shall subject the member of the bargaining unit or the PBA or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of ordinances . Section 3 In the event of a breach of the provisions of this article, the City of Delray Beach shall be entitled to recover from the PBA and any employee in the bargaining unit participating in the strike, jointly and severally, full compensatory damages, 69 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 punitive damages, costs, and attorney' s fees incurred in any and all proceedings involving said strike . Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in a strike . The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike . Section 5 In the event of a strike, the City shall transmit written notification to the Chief agent or his/her designee of the PBA, and the PBA will notify the employees of the bargaining unit and inform them that a strike is illegal under Florida law, of the sanctions which may be imposed against the PBA and participating employees for a strike, and further instruct striking employees to immediately return to work. The PBA agrees that the notification will be in writing and will be made in a good faith effort to get the employees to return to work . Such conduct shall exonerate the PBA from all penalties, financial or otherwise, which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Agreement to be null and void upon the occurrence of a strike . 70 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 31 PERSONNEL DOCUMENTS All bargaining unit employees shall be permitted to obtain a copy of all documents that are placed in any of their personnel files, and further shall be provided copies of all disciplinary action documents placed in their department personnel file . The employee may, within thirty (30) days from the date of the document being placed in the employee ' s personnel file, file a written response to such document . The employee is fully aware that such written response places no further obligations on the City and confers no additional rights on the employee . Any written response by an employee shall be clearly designated as the employee ' s response and shall bear an acknowledgment by the employee that such a response is solely the employee ' s view of the incident and confers no further obligation on the part of the City and confers no further rights on the part of the employee. 71 CITY OF DELRAY BEACH &POLICE,BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 32 UNIFORM ALLOWANCE Those bargaining unit members assigned to positions within the Department which require the use of civilian attire will be granted a clothing allowance . Said allowance will be issued on a semi-annual basis at the rate of $400 . 00 per unit member. 72 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 33 DISABILITY INSURANCE Bargaining unit employees shall be eligible to receive the long-term disability benefits pursuant to the City' s current plans and policies applicable to all other city employees , 73 CITY OF DELRAY BEACH&POLICE BENEVOLCNT ASSOCIATION CONTRACT 2014-2017 ARTICLE 34 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options : A. Provide a lump sum pay-out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation) as currently exists . B. Enable employees who properly notify the City with the intent to retire, at least two years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement . The employee will have the following option of payment: 1 . The one-third payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation) , whichever is greater, be made in cash each year. a. The first payment will be made 2 years from the date of termination. b. The second payment will be made 1 year from the date of termination, c . The third payment will be made at termination. 2. The one-third payment may be deposited tax free into the employee deferred compensation (457) account if the annual limit on the empic1Tee' s 457 contributions has not been reached. 74 CI'T'Y OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 35 TAKE HOME VEHICLE PLAN The City has agreed to a take home vehicle plan for Lieutenants and shall include the following parameters: A. The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles. 75 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 36 GRIEVANCE PROCEDURES Section 1 The grievance procedures as described in Sections 2 , 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Agreement. Section 2 Grievances shall be processed in accordance with the procedures outlined in this section. Any grievance not answered by management in the time limits provided for in this section shall be determined to be denied and may be advanced to the next higher step of the grievance procedure . Grievances of disciplinary actions shall be processed in accordance with the procedures outlined in Section 4 . Step 1 The aggrieved employee, or an PBA representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved employee ' s immediate supervisor and division/district commander within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this article, working days shall mean Monday through Friday, excluding City holidays and weekends . A PBA grievance 76 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 representative may be present to represent the employee, if the employee desires him or her present. The immediate supervisor and division/district commander shall attempt to adjust the matter and/or respond to the employee within five (5) calendar days . Step 2 If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the PBA representative, if the employee wishes his or her assistance, shall present the written grievance to the Police Chief within five (5) calendar days from the time the supervisor' s response was due in Step 1 . The Police Chief, or his or her designee shall meet with the employee and the PBA representative, if the employee wishes him or her present, within three (3) working days . The Chief, or his or her designee, shall respond in writing within five (5) calendar days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure, within the time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved employees, and/or an PBA representative on the employees , behalf . Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. 77 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 Step 3 If the grievance has not been satisfactorily resolved in Step 2 , and an appeal to the City Manager is permitted pursuant to Section 4 , the employee or the PBA if the employee elects PBA assistance, may present a written appeal to the City Manager within seven (7) calendar days from the time the response was due from the Police Chief in Step 2 . The City Manager, or his or her designee, and any staff requested by the City Manager or his or her designee, shall meet with the employee (and the PBA representative, if the employee wishes him or her present) , within five (5) working days . The City Manager or his/her designee shall respond in writing within seven (7) calendar days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Nothing contained in this article shall prevent any employee covered by this Agreement from processing his/her own grievance unassisted through the grievance procedure up to and including Step 3 . Step 4 If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure, the PBA and only the PBA may request arbitration for PBA members . Members of the 78 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 bargaining unit who are not members of the PBA may also request arbitration. The request for arbitration shall be in writing to the office of the City Manager no later than fifteen (15) calendar days after the City Manager' s response is due in Step 3 of the grievance procedure . Section 3 A. The arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this article and to enforce compliance with the terms and conditions of the Agreement . B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, which is not a grievance as defined in this article, or which is not specifically covered by this Agreement. 79 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 D, The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties . F. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the PBA (or the employee, if not represented by the PBA) and the City shall submit a written statement of the grievance and the arbitrator shall confine his or her consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract . G. Each party shall bear the expense of its own witnesses and its own representatives . The parties shall bear so CITY OF DELRAY BEACH& POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2417 equally the expense of the impartial arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same . Section 4 A. Discipline involving oral or written reprimands or suspensions without pay of three or less days may be processed through Step 2 of the grievance procedure . The decision of the Police Chief or his/her designee is final and binding on the parties . B. Discipline involving suspensions without pay of four days may be processed through Step 3 of the grievance procedure . The decision of the City Manager or his/her designee is final and binding on the parties . C. Discipline involving discharge, suspension without pay of five or more days, or disciplinary demotion, may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his/her designee shall be subject to arbitration. The arbitration shall be handled in accordance with the procedures outlined in Section 4E. Step 4 of the grievance procedure shall be followed except that the arbitrator shall be selected as set forth in Section D2 . D. Arbitration of disciplinary matters shall be handled as follows : 1 . The provisions of Section 3 shall apply except as modified by Section 4D2-5 . 81 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 2 . Immediately following ratification of this agreement and thereafter at the beginning of each fiscal year, the City and the PBA shall mutually select a pool, of five potential arbitrators to hear disciplinary cases . The arbitrator for any given case shall be selected by each party alternately striking the names of arbitrators included in the pre-selected pool until one arbitrator remains, who shall hear the case . The employee shall make the initial strike. 3 . The arbitration procedure shall be expedited such that a hearing is held within thirty days of the appeal and an award is issued within thirty days following the conclusion of the hearing. If the award is not issued within the thirty day time period, the arbitrator' s fee shall be reduced proportionately to the number of days by which the arbitrator' s decision is untimely. 4 . There shall be no post-hearing briefs unless both parties agree prior to the hearing that post- hearing briefs may be submitted. S . The arbitrator shall not substitute his or her judgment for that of the City as to the wisdom or the degree of severity of the disciplinary action imposed, except as set forth in the last paragraph of this article. The arbitrator' s inquiry shall be limited to the following: 82 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 (a) whether the City possessed evidence of the misconduct before imposing the discipline ultimately unposed; (b) whether the employee is guilty of the misconduct as charged; (c) whether the discipline imposed is consistent with that imposed upon other employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records . If the discipline imposed is more severe than that previously imposed upon employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records, whether the City notified employees of the change in disciplinary policy prior to the occurrence of the act being disciplined; (d) whether the City has demonstrated upon the record that it has considered the severity of the punishment with regard to the nature and severity of the offense, the circumstances under which the offense was committed, the employee ' s past disciplinary and employment record, the length of the employee ' s tenure with the City, and whether 83 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2417 the employee was under probation at the time the offense was committed; (e) whether the City has demonstrated upon the record that the degree of punishment which it has imposed was not selected at random or without reason (arbitrary) , and that the degree of punishment did not arise from caprice (arbitrary) ; (f) whether the City has demonstrated on the record that the degree of punishment which it has imposed is consistent in that it is not apt to change suddenly or unpredictably (capricious) , and is not inconsistent (capricious) ; (g) whether the City has demonstrated on the record that the degree of punishment which it has imposed is within that range of punishment for the offense under the given circumstances upon which reasonable men/women can agree, notwithstanding that reasonable men/women might disagree upon the specific punishment imposed under the given circumstances . If the arbitrator finds that the City has complied with (a) through (g) , the discipline determined by the City shall be upheld. However, if the arbitrator finds that the City has not complied with (a) through 84 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 (y) , the arbitrator may determine the appropriate level of penalty. 85 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 37 WORKERS' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such employees to current full salary for ninety (90) calendar days and thereafter shall pay salary/benefits to such employees in accordance with the requirements of the Florida Statutes . The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from that day forward for ninety (90) consecutive calendar days . An employee covered by Florida Statute, Chapter 440 , Workers' compensation and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work, until he or she reaches maximum medical improvement or two (2) years, whichever comes first . 86 CITY OF DELRAY BEACH &POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 38 RE'T`IREE INSURANCE Section 1 The Delra�� Beach Police Retiree Insurance Fund ("Ret! ree- Insurance Fund") provides full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separated from employment on or after October 1, 2004 . All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. Section 2 For fiscal years 2014-2015 , 2015-2016 , and 2016-2017 the City shall contribute to the Retiree Insurance Fund, on or before December 31 of each of those fiscal years, an amount equal to the benefits to be paid by the Retiree Insurance Fund to those former employees of the City eligible to receive a benefit from the Retiree Insurance Fund for the 2014 , 2015, 2015 and 2017 calendar years . During those specified fiscal years, the requirements for eligibility to receive a benefit from the Retiree Insurance Fund and the amount of benefit to be paid by the Retiree Insurance Fund shall not be modified by the Board of Trustees of the Retiree Insurance Fund. During those specified fiscal years, the Retiree Insurance Fund shall provide to the 87 CITY OF DELRAY.BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2017 City, on or before December 1 of each specified fiscal year, a list of former employees eligible to receive a benefit from the Retiree Tnsurance Fund along with the amount of benefit to be paid to each former employee . The City=' s contribu_ion shall equal the total of all benefits to be paid to retired police lieutenants during each of the calendar years . 88 CITY OF DEFRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2417 ARTICLE 39 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The Parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement . Therefore, the City and the PBA, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required, and each agree that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both Parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 89 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 40 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a court or agency of competent jurisdiction to be unlawful and unenforceable, such decision of the court or agency shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable . Upon the issuance of such decision, the Parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof . section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the PBA, except as to the notice provisions of Article 42 , concerning Duration, Modification, and Termination, shall not be deemed to waive any such right or the right to exercise them in the future . 90 CITY OF DELRAY BEACH& POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2DI7 ARTICLE 41 PENSION PLAN MATTERS The Parties agree to amend the City of Delray Beach Pension Code of ordinances substantially as follows : Tier 1: Employees with 20 or more years of service and retired/terminated employees : + No change in pension benefits . Tier 2 : Employees with at least 10 years of service but less than 20 years of service at time of plan change: • Multiplier reduced from 3 . 51 to 36 for all future service, all retirement benefits determined using the final average compensation as of the retirement and/or termination date . • Starting benefit limited to $108 , 000 per year. • Employees that reach 20 years of service shall retain the 3 . 5% multiplier for all years of service prior to the Plan change . • Compensation includes up to 25 hours of stipend pay. • Participants remain eligible for DROP on same terms as existing on day before amendment to Ordinance . • COLA of not less than one percent (1%) will continue to be applied annually. Tier 3 : Employees not vested at the time of plan change : + Multiplier reduced from 3 . 5% to 3o for all future service, all retirement benefits determined using the final average compensation as of the retirement and/or termination date. 91 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 • Compensation excludes any stipend earned after the plan change . • Employees that reach 20 years of service shall retain the 3 . 54 multiplier for all years of service prior to the Plan change . • COLA of not less than one percent (10) will continue to be applied annually. • Participants remain eligible for DROP on the same terms as existing on the day before amendment to Ordinance . • Average Final Compensation: Highest of 5 of last 10 years . • Starting benefit limited to $108, 000 per year. Tier 4 : Employees hired after plan change : • 2 . 75% multiplier for all credited service . • Benefit limited to 68 . 750 of final average compensation. • Normal Retirement changed to the later of age 55 or 25 years of service. • Eliminated Early Retirement • Compensation excludes any stipend. • Average Final Compensation: Highest 5 of last 10 years . • Starting benefit limited to $108 , 000 per year. Participation in Chapter 185 , Florida Statutes . The City will withdraw from participation in Chapter 185 , Florida Statutes . Any benefits that are now being provided with premium tax money above the 1993 amount shall be discontinued except that employees in Tier 1 and Tier 2 will continue to have up to 25 hours of annual stipend pay included in pensionable compensation. All accumulated excess state premium tax monies 92 CITY OF DELRAY BEACH& POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 held in reserve at the time of withdrawal and any other premium tax money that is not allocated to pay for pension benefits will be used to pay down the unfunded liability attributable to police officers . The Parties agree that, if required by the Division of Retirement to accomplish the intent of the preceding sentence, employee contributions may be increased and immediately decreased in an amount equal to the amount used to pay down the unfunded liability attributable to police officers, such that there is no actual change in employee contributions . The Police Pension Board after the date of the Plan change shall be composed of not more than five (5) trustees, of whom four (4) will be selected by the City Commission. One member of the Police Pension Board shall be a Delray Beach Police Officer and member of the Police Benevolent Association (PBA) selected as follows : The PBA shall propose from among its membership at least three (3) qualified members for consideration to serve as a member of the Police Pension Board (Board) . The Delray Beach Police Chief shall , in his or her discretion, select one individual from among the list of PBA recommended individuals to serve on the Board. The member shall serve a term of office on the same terms as the other Board members and enjoy the identical rights and privileges . In order to qualify for consideration and selection to the Board as the PBA member an individual shall meet the following minimum criteria: (i) be a Delray Beach Police Officer in good standing, (ii) be a member of the PBA in good standing, and (iii) demonstrate through work 93 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 history, education, or experience an understanding of financial ret-rement planning and pensions . 94 CITY OF DELRAY BEACH& POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2017 ARTICLE 42 DURATION, MODIFICATION, AND TERMINATION, REOPENER Except as otherwise provided in this agreement, this agreement shall be effective from October 1, 2014 and continue through September 30, 2017 . If the parties have not executed a written agreement by the expiration date hereof, i . e, September 30, 2017 , then the terms and conditions of this contract shall nonetheless continue in effect, except as modified herein. Negotiations for a successor agreement shall commence not later than May 1 , 2017 . Without a successor agreement in place, (after the expiration of this agreement and before the effective date of a successor agreement) wage increases shall be frozen effective October 1, 2017 until such time as an agreement has been reached. 95 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2414-2417 ARTICLE 43 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 96 CITY OF DELRAY BEACH&POLICE BENEVOLENT ASSOCIATION CONTRACT 2014-2417 ARTICLE 44 EXECUTION OF AGREEMENT Agreed to this day of 2015, by and between the respective Parties through their authorized representatives . ATTEST: CITY OF DELRAY BEACH, FLORIDA By City Clerk - Chevelle Nubin City Manager - Donald Cooper Approved as to form and legal sufficiency: City Attorney - Noel Pfeffer Dated this day of 2015 . ATTEST: POLICE BENEVOLENT ASSOCIATION By Jahn Kazan.jian, President PBA Representative Gary Lippman, General Counsel 97 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 25,2015 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF APRIL 21,2015 SERVICE AUTHORIZATION NO. 12-07/WANTMAN GROUP,INC. BACKGROUND Request consideration for approval of Service Authorization(SA)No. 12-07 with Wantman Group, Inc. in the amount of$65,321.70 for professional design services related to upgrading drainage facilities. Other improvements included: upgrading water main, installing reclaimed water main, and resurfacing. This Service Authorization includes design, permitting and bidding services. The Lewis Cove Rd. Drainage project number is 14-065. The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other smaller projects that arise during the course of the fiscal year. Wantman Group, Inc. is retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement, with Wantman Group, Inc., was executed on January 24, 2012. Amendment No. 2 was executed in February 2015 extending the agreement through January 2016. The scope of work under this service authorization is within the scope of services per the original RFQ. The recommendation for award is in compliance with Code of Ordinances, Section 36.02 (C) (3). Included in the attachments: -copy of the Service Authorization -project Location Map DISCUSSION Consider approval of a Service Authorization No. 12-07 with Wantman Group, Inc. in the amount of $65,321.70 for professional design services (RFQ #2012-06) related to the Lewis Cove Rd. Drainage P/N 14-065. FUNDING SOURCE Funding is available from account # 448-5461-538.31-30, Storm Water Utility Fund and 442-5178- 536.31-30 Water/Sewer R/R Fund. RECOMMENDATION By motion, approve Service Authorization No. 12-07 with Wantman Group, Inc. in the amount of $65,321.70. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. 14--065 CONSULTANT PROJECT NO. This ,Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the "Agreement for General Consulting Services" contract executed January 24, 2012 . Title: Agreement for General Consulting Engineering Services --- LEWIS COVE RD DRAINAGE I . PROJECT DESCRIP'T'IONS A. PROJECT DESCRIPTION - CITY PROJECT NO. 14-065 This project includes Engineering Design, Permitting, Subsurface Utility Engineering (SUE) and Bidding Services which encompasses the following components located within the Lewis Cove Road right-of-way: Replace an existing 4" water main with a 6" water main, address a drainage problem on the north side of Lewis Cove Road, install a 4" reclaimed water main for future use, and prepare a pavement section design for the rehabilitation of Lewis Cove Road. II . SCOPE OF SERVICES FOR LEWIS COVE RD DRAINAGE Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable. Phase III - Final Design Phase WGI shall provide final design services in accordance with, Article III (Duties of Consultant) Section C, Phase III- (Final Design Phase) , Items I-7 of the Agreement for Engineering Services with the City, dated January 24, 2012 . Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications and cost estimate services conforming to the City of Delray Beach' s design details and specifications . Phase IV - Bidding/Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III of the Agreement For General Consulting Services (Duties of Consultant) Section C, Phase IV, (Bidding and Negotiation Phase) , Items 1-5 of the Agreement for Engineering Services with the City, dated January 24, 2012 . Phase V - Construction Administration Not Applicable Other - Permitting Not Applicable Other - Surveying Not Applicable Other - Street Lighting Not Applicable Other - Subsurface Utility Engineering (SUE) Location Services Perform subsurface utility designating services of existing sanitary laterals . Other - Geotechnical Services : Perform pavement analysis of the existing roadway for the design of a pavement section which will address the existing conditions of the roadway. III . COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not- to-exceed cost for each phase. Engineering Services - (City Project 15-001) Phase 7 Study and Report Phase (Not Applicable) --- Phase II - Preliminary Design Phase (Not Applicable) --- Phase III - Final Design Phase $47, 141 .30 Phase IV - Bidding/Negotiating Phase $ 7, 089.76 Phase V - Construction Admin. Phase (Not Applicable) --- Other Services - Permitting $ 2, 825. 64 Other Services - Surveying (Not Applicable --- Other Services - Subsurface Utility Engineering (SUE) $ 3, 500 . 00 Other Services - Geotechnical Services $ 4, 015. 00 Other Services - Street Lighting (Not Applicable) --- Reimbursables - $ 750 . 00 Total Compensation - $65, 321. 70 IV. COMPLETION DATE See attached Project Time Schedule. This service authorization is approved contingent upon the City' s acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: n CITY OF DELRAY BEACH: WGI: Wantman Group, Inc. Date Date ,? flra��r�� Cary D. Glickstein b : ' � ° Mayor (Seal) �RnT F� n s Witness Attest: BEFORE MV, the foregoing instrument, this �}-Ll day of (�L✓(/� , 2015I��, '6 was acknowledged by ym, - LAft r Approved as to Legal on behalf of the Corporation Sufficiency and Form W xWoow &MAD JVV;,.and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in t e County and ,State a foresaid this Z� day of VYIG�trG lti 2015. Notary Public State of Florida My Commission Expires �Acy „ PAULA FILLER ••'I PRY pVB•. Notary Pu6tiC-State of Florida My Comm.Expires Nov 29,2016 Commission#EE 854872 Bonded Throe h National tar g Notary Assn, POINS ETT I AiRDJE Q Q Q � O Lv LEWIS COVE z Q BROOKS LN. J a 3 Q m m F � � Q 0 o= Q WHITE DR. Q to 0 CD N U Z O O W RHODES —VILLA AVE. U Z Q o O o — 0 3 � U Q DEL—HAVEN DR. _ o � U z N o J o 0 L I N T O N B O U L E V A R D Q CITY of DELRAY BEACH LEWIS COVE ATE:05/19/2014 Q $ LOCATION MAP LENS ME�OCMAP d ENVIRONMENTAL SERVICES DEPARTMENT 2TION 5 1 of 1 434 SOUTH MWON AVBRIE,DBAAY BEACH,FLOMA 33444 vi i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald Cooper, City Manager DATE: April 2, 2015 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF APRIL 21,2015 PURCHASE AWARD/SOUTHERN SEWER EQUIPMENT SALES/SCHWARZE STREET SWEEPER BACKGROUND City Commission is being requested to authorize purchase of a replacement street sweeper in the amount of$222,605.10. As part of the annual vehicle replacement schedule, the Fleet Maintenance Department is proposing the replacement of a 2006 street sweeper that has exceeded its' life expectancy, and reached life-to-date repair costs exceeding 100% of its' original cost. This vehicle replacement will cut repair costs that are quickly beginning to accelerate with age, engine hours, and mileage, and increase productivity and efficiency in keeping the City of Delray Beach's streets clean. The Florida Sheriff's Association has published annual vehicle contracts since November 1993, and is widely recognized as a competitive pricing contract utilized by cities, municipalities, and counties throughout the State of Florida. The Sheriff's Association employs a website based application for other governmental entities to utilize. Through the site's browser, all pertinent contracts, and addendums are viewable in pdf. format. The applicable current year FSA contracts, #14-12-0904 (Cab and Chassis Trucks, Equipment) is valid until September 30, 2015, and is comprised of a large number of vehicle specification choices and truck, and equipment dealers that have been awarded various specifications within the contracts. The State of Florida is divided into four separate zones (north, south, central, and western). Each zone is awarded separately by bid; some specifications may be awarded to a single dealer in all four zones, while other specifications may be awarded to a single dealer, depending on the bid process. The vehicle purchase from FSA contract #14-12-0904 represents specification #50, a Schwarze A7 Street Sweeper from Southern Sewer Equipment Sales in the amount of$222,605.10. The dealer quote and letter ensuring lowest available pricing is included from Southern Sewer. The outlined vehicle purchase, being from the Florida Sheriff's Association Contract #14-12-0904 meets with the requirements of the Code of Ordinance, Section 36.02, (C) (7) Utilization of Other Governmental Entities Contracts. Attachments include: 1)FSA 14-12-0904 Spec #50 Schwarze Sweeper 2) Southern Sewer Lowest Price Letter 3) 2015 Vehicle Purchase-April 21, 2015 4) Southern Sewer Quote-Schwarze Sweeper DISCUSSION Consider approval of the purchase of one (1) Schwarze Street Sweeper from Southern Sewer through the Florida Sheriff's Contract #14-12-0904 in the amount of$222,605.10 in accordance with Code of Ordinance, Section 36.02, (C) (7)Utilization of Other Governmental Entities Contracts. TIMING OF THE REQUEST Due to the increased demand for street cleaning and the age of the current truck, timing is essential to be capable of continuing to provide the expected level of service. FUNDING SOURCE Funding is available from Garage Fund/Capital Vehicle Replacements 501-3312-591.64-20 RECOMMENDATION Through a motion, approve the purchase of one (1) Schwarze Street Sweeper from Southern Sewer through the Florida Sheriff's Contract #14-12-0904 in the amount of$222,605.10 in accordance with Code of Ordinance, Section 36.02, (C) (7) Utilization of Other Governmental Entities Contracts. 1 4Ri Ko Fk� ' FLORIDA COUNTIES Ati About norida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES REGENERATIVE AIR STREET SWEEPER SPECIFICATION #50 2015 Schwarze A7 Tornado The Schwarze A7 Tornado purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s)requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $222,870.00 $222,870.00 $222,870.00 $222,870.00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles,Nve realize equipment needs and preferences are going to vary from agency to agency.In an effort to incorporate flexibility into our program,we have created specific add/delete options which allow the purchaser-to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s)you wish to order through this program.Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s)you wish to order, NOTE:An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order.Additional add/delete options other than those listed here may be available through the dealers,however,those listed here must be honored by the dealers in your zone at the stated prices. I I I it I Bid Award Announcement I4-32-0904 I2I2 r I VEH1CL.E: A7 Tornado f DEALER; Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Southern Seaver Equipment Sales Sales Sales Sales ZONK. Western Northern Centrals Southern BASE PRICE. $222,870.00 $222,870.00 $222,870.00 $222,870.00 Order Code Delete Options All Zones Delete dual operator controls NA Conventional Chassis in lieu of Cabover Chassis ($18,755.00) Single Left Hand Steering in lieu of Dual Steering NA Single Gutter Broom in lieu of Dual Gutter Brooms ($2,076.00) Amber Strobe Light(Cab Mounted with Limb Guard) NC Downgrade-specify, ($12,795.00)' 2015 International 4300 DT466 Chassis(subject to availabilit)) Downgrade-specify $86,074.001 Model A4 Storm Regenerative Air Street Sweeper Alounted on Isu_a Cabover Chassis 1 Downgrade-specify NA Downgrade-specify NA E Downgrade-specify NA Downgrade-spccify NA Alternative cabover chassis-specify NCI 2015 Peterbilt 220 Cabover Chassis(subject to availability) 1 Alternative cabover chassis-specify NA Alternative cabover chassis-specify NA 0j-der Code Add Options All Zones (Upgrade option-specify $47,518.00' !-41ode7A8 Tivister Regenerative Air Street Sweeper Mounted on Cabover Chassis 1 Upgrade option-specify 1 $29,724.001 Alodel A9 Monsoon Regenerative Air Street Sweeper Mounted on Cabover Chassis Upgrade option-specify $22,999,00' Model A7 Zephyr Regenerative Air Rummy Sweeper Alounted on Cabover Chassis 1 Upgrade option-specify NA Upgrade option-specify NA t Upgrade option-specify NA 12-speed rear axle NrA 'Warning beacons Incl.' I)LED Strobe Light Inchtded t Amber strobe light(additional) $594.001 LED Strobe Light with Guard Rear flood lights $282,00' LED Floodlight(each) 1 Light guards Inc], lirclirded ivith Strobe Light 1 1 Bid Award Announcement 14-12-0904 1213 VEHICLE: A7 Tornado / DEALER: Sou them Sewer Equipment Southern Seder Equipment Southem Sewer Equipment Southern Sewer Equipment Sales Sales Sales Sales ZONE: Western Northern Central Southern BASE PRICE: $222,870.00 $222,870.00 $222,870.00 $222,870.00 J Wandering hose $1,239.00' 8"Spring Boom Hand Hose 1 Caster wheels for pickup head NA Automatic lubrication system $3,506.001 Sweeper only 1 f Hopper lining 5td1 Anti-Wear/Anti-Seize Coating t Stainless steel hopper $17,657.00 High dump hopper assembly mounted on conventional chassis $24,440.001 Model AS 71vister Regenerative Air Street&weeper Vounted on Conventional Chassis 1 Broom in pickup head NA High pressure washdown $3,018.00 Abrasion protection package Std Abrasion Resistant Steel in Critical WearAreas Air purge Std Auxiliary fuse panel; 12VDC fused power source panel for additional electrical components Std Auxiliary hand hose-eight inch diameter, 10 foot long hose with 52 inch nozzle $1,239.00 / Auxiliary hand hose with hydraulic boom assist(includes auxiliary hydraulic system) 02,564.00 Auxiliary hydraulic system Std Dustless filtration system NA iArrowstick I $746.001 Arroivboard 1 Reverse pick-up head chains Std Unit sweeps in reverse,no chains necessary 1 Magnet assembly:84"ma net,electromechanically activated(2-10 inch adjustment) $4,443.001 87"BarAlaguet,SelfDuniping Linear actuator-pressure bleeder Std Lateral air flow nozzle NA 1 Hopper screen vibrator-pneumatic $1,239M' Hopper Duuap Assist Shaker 1 Hopper screen stainless(exchange) NA Includedivith Stainless Steel Ifopper 1 Hopper screen-chip seal/milling hopper screen NA Hopper load indicators $363.00 Hopper drain system $655.00 Hopper deluge system $836.00 High capacity dust separator Std Hi/low pressure washdown system $3,018.00 L Bid Award Announcement 14-12-0904 1214 VEHICLE: A7 Tornado DEALER: It" Southern Sewer Equipment Southern Sewer Equipment Southern Sewer Equipment Southern Surer Equipment Sales Sales Sales Sales ZONE: Western Northern Central Southern BASE PRICE: $222,870.00 $222,870.00 $222,870.00 $222,870.00 Gutter broom tilt adjuster $690.001 Poirer Tilt,each 1 Gutter broom-drop down(requires gutter broom tilt adjuster)each $1,204.00 Extra water capacity-440 gallons total(requires cabover chassis) $3,431.00' 600 Gallons Total 1 Dump switch in cab Std Broom assist pick-up head(BAH) NA Alternative cabover chassis-specify NA Alternative cabover chassis-specify NA Alternative cabover chassis-specify NA Optional equipment-specify $1,134.001 single Camera System t Optional equipment-specify $1,411.00' Dual Camera System 1 Optional equipment-specify $715.00' Hopper Sound Suppression Optional equipment-specify $3,129.00' Automatic Lubrication System for Chassis Only 1 Optional equipment-specify $630.001 Front Spray Bar Optional equipment-specify $741.00' Air Horn 1 Optional equipment-specify S282.001 Hydraulic Filter RestrictionAlarm&Indicator 1 Optional equipment-specify NAl Paint Color Other Than Standard While-Consult Bealerfor Options 1 Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Optional equipment-specify NA Temporary tag Incl. Transfer existing registration(must provide tag number) $76.00 New state tag(specify state,county,city,sheriff',etc.) $689,00 Maintenance Plan-specify NA Maintenance Plan-specify NA l Bid Award Announcement 14-12-0904 1215 VEHICLE: A7 Tornado DEALER: Southern Sewer Equipment Southern Sewer Equipment Southem Sewer Equipment Southern Sewer]equipment Sales Sales Sales Sales Z0NT-: Ave-Stern Northern Central Southern BASE PRICE: $222,870.00 $222,870.00 $222,870.00 5222,870.00 Warranty-specify $2,242.00' >Schivarze A7 Tornado Body Extended Warronly(price is per year rip to 5 year maxiiiurnr total warranty)Does Not Include Arcrillary Engine t Warranty-specity NAl Auxiliary Engine Extended Man-anty-Cowult Dealer far Pricing mid Arallability t %Discount t j Discount percentage off manufacturers current published retail prices for non-specified options $2.00' !and any optional models bid.This discount ONLY APPLIES to a downgrade or an upgrade to the model listed in this specification.It does not apply to a completely different make or model.(The discount is applied to the manufacturer's current published retail prices.) i r Bid Award Announcement 14-12-0904 1216 FLORIDA SHERIFFS ASSOCIATION P.O.BOX 12519 TALLAHASSEE, FLORIDA 32317-2519 Florida Sheriffs Association Invitation to Bid Cooperative Fleet Bid 14-12-0904 [aid Number: 14-12-0904 Bid Title: Police Rated Vehicles&Motorcycles Sedans and Light Trucks Advertisement Dates: July 2, 2014&July 9, 2014 Mandatory Vehicle Contract July 15,2014; 9:00am Specification Workshops: Mandatory Pre-Bid Conference August 14, 2014; 9:00am Workshops and Pre-Bid Marion County Sheriffs Office Conference to be held at: Jail Multi-Purpose Room 692 N.W.30TH Avenue Ocala,FL 34475-5608 Electronic Responses Due: September 4, 2014 at 12:00 Noon Paper Documents Due: September 5,2014 at 5:00 PM (sealed bids) Bid Submittals Received at: FLORIDA SHERIFFS ASSOCIATION Attn: Becky Keillor, Cooperative Bid Coordinator 2617 Mahan Drive Tallahassee, FL 32308 The Florida Sheriffs Association and the Florida Association of Counties invite interested vendors, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the "Contract Administrator" in the solicitation process and the administration of the resulting contract. The purpose of this bid is to establish a twelve (12) month contract, beginning October 1, 2014 and ending September 30, 2015, with manufacturer's authorized dealers for the purchase of 2015 vehicles, trucks and heavy equipment on a"no trade-in basis." ALL prospective bidders are required to attend the MANDATORY vehicle workshop(s) and Pre-Bid Meeting. ADVERTISEMENT POLICE RATED VEHICLES/MOTORCYCLES, SEDANS &LIGHT TRUCKS BID NO.: 14-12-0904 The Florida Sheriffs Association and Florida Association of Counties invite interested bidders to submit bid proposals for 2015 Police Rated Vehicles and Motorcycles,Sedans &Light Trucks. This contract shall be awarded to the lowest and best responsive bidder by specification,by manufacturer,by zone. No bidder may withdraw his bid for a period of sixty (60) calendar days after the date set for the posting thereof. Bidders are hereby advised that the Florida Sheriffs Association reserves the right to reject any and all bids, or separate portions thereof, and to waive any irregularity, technicality or omission if the FSA determines that doing so will serve in the ESA's best interest. The FSA may also reject any Response not submitted in the manner specified by the solicitation documents. FL - IFFS.ASSO QITION By: / Steve Casey FSA Executive Director PUBLISH: FLORIDA ADMINISTRATIVE WEEKLY July 2, 2014 July 9,2014 SOUTHERN SEWER EQUIPMENT SALES A 3409 Industrial 27th 5t. . Ft. Pierce, FL 34946 (772) 595-9171 FAX . 1-800-782-4134 . (772) 595-6940 "A Certified MBE Woman Owned Business" Mr. Kevin Rumell March 16, 2015 City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Via email: rumell @mydelraybeach.com Dear Mr. Rumell, Southern Sewer Equipment Sales is pleased to present the opportunity for the City of Delray Beach to purchase a Schwarze A7 Tornado Regenerative Air Street Sweeper from the Florida Sheriff's Contract No. 14-12-0904, Specification#50. Please review the following equipment list for this unit: Base Price for New Schwarze A7 off Florida Sheriffs Bid: $222,870.00 Standard Equipment: 8.4 Cubic Yard Hopper Whisper Wheel Fan System 90"x 36" Sweeping Head with Rubber Blast Orifice 115 HP Diesel Auxiliary Engine, Tier IVI 12V DC Auxiliary Hydraulic Pump Bolt In Pressure & Transition Tubes Abrasion Resistant Steel in Critical Wear Areas Dual Gutter Brooms with Standard Tilt Sweeps in Reverse Dust Control System, 250 Gallon Capacity Drop Down Hopper Screens Instruments in Cab Back Up Alarm LED Rear Mounted Strobe Light with Guard Optional Equipment: Conventional Chassis in lieu of Cabover Chassis (Freightliner M2) ($18,755.00) LED Rear Mounted Strobe Light with Guard $594.00 2) Rear LED Floodlights $564.00 Stainless Steel Hopper $17,657.00 Hopper Dump Assist Shaker $1,239.00 Gutter Broom Power Tilt Adjuster for Right& Left Side $1,380.00 Extra Water Capacity—600 Gallons Total $3,431.00 Dual Camera System $1,411.00 Hopper Sound Suppression $715.00 Front Spray Bar $630.00 Air Filter Restriction Alarm & Indicator(unpublished option, includes 2% $274.40 discount) LED Arrowboard (unpublished option, includes 2% discount) $994.70 Special Discount ($10,400.00) Mounted On: 2015 Freightliner M2 Conventional Chassis 33,000 GVWR 200 HP Diesel Engine Automatic Transmission Dual Steering TOTAL PRICE FOR SCHWARZE MODEL A7 SWEEPER: $222,605.10 Delivery and training are included. Southern Sewer Equipment Sales appreciates the opportunity to supply this equipment to the City of Delray Beach. If we may be of any further assistance, please feel free to contact Joey Westberry at (772) 834-8201. Sincerely, Jenny Mitchem Sales Coordinator v R � a > 0 00 0 a H G/ V N N N N N N fA fA fA N R � O 'O C y L A 'O (� O O 2 m � F LL r R Q aF Q Q N m 1 Y R N a r 1 o r - - F- u U v v Q > O z L) ' o 0 c n A A In y LL N _ L N W fn R r _ N O N cn v N N L CL � 0 N 0 CO 0 L o U +�+ O o v U > LL U0 4) o R c- ar � W o a C a �- 0 � � o a w J °'.Q U_ 00 2 W ° W Y Z N a m Q o o HE ° SOUTHERN SEWER EQUIPMENT SALES 3409 Industrial 27th St. • Ft. Pierce, FL 34946 (772) 595-9171 FAX • 1-800-782-4134 • (772) 595-6940 "A Certified MBE Woman Owned Business" Mr. Kevin Rumell April 13, 2015 City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Via email: rmell @mydelraybeach.com RE: Proposal for Schwarze Street Sweeper Dear Mr. Rumell: The prices quoted to the City of Delray Beach in Fiscal Year 2015, are as low as any other prices quoted to any Florida Governmental Agency by Southern Sewer based on the same option content and current Florida Sheriff's contract pricing. The prices quoted to the City of Delray Beach would be available to any other Florida Governmental Agency, as well. Sincerely, Mike Wood General Manager Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract Florida Sheriff's Association (10) Resale � Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Contract Term: Effective Date Comments and Notes: Street Sweeper in the amount of$222,605.10. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Kevin G. Rumell, Fleet Superintendent Jim Schmitz, Deputy Director Public Works Randal Krejcarek, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: April 3, 2015 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF APRIL 21,2015 PURCHASE AWARD/STROBES-R-US BACKGROUND City Commission is being requested to consider approval for outfitting fourteen (14) vehicles for the Police Department that were approved for purchase in a previous commission meeting with the necessary lights, sirens, and equipment for use as police vehicles. Strobes-R-Us is a long established vendor in the South Florida region for the sales and installation of Police and Emergency vehicle lights and equipment, providing turn-key vehicle set-up to ensure timely deployment into service for new police vehicles. The vehicles to be outfitted include: four (4) Police Interceptor Sedans as Patrol cars at $10,274 each; three (3) Police Interceptor Utility models as Sergeant's vehicles at$8,530 each; two (2) Police Interceptor Utility models equipped for undercover at $3,785 each; one (1) Tahoe equipped as an Assistant Police Chief vehicle at $4,496; and four (4) Impalas equipped as Detective Bureau cars at$2,017 each, for a total award of$86,820. The Delray Beach Police Department has successfully utilized Strobes-R-Us for their Police Cars over the past 3 years, receiving quality and timely installation and repair services. The quoted installation costs are derived through Strobes-R-Us contract with the Broward Sheriff's Office #13104030 which is effective August 12, 2013 through August 11, 2015, with option for two additional one year renewals. Strobes-R-Us quotes and a letter ensuring lowest available pricing are included. The outlined purchases, being from the Broward Sheriffs Contract #13104030 meet with the requirements of the City Code of Ordinance, Section 36.02, (C) (7)Utilization of Other Governmental Entities Contract. Attachments include: . Strobes-R-Us Letter . Strobes-R-Us Quote 9015 Utility Sergeant Pkg . 2015 Police Vehicles-Strobes-R-Us . Strobes-R-Us Quote 9017 Sedan Patrol Car • Strobes-R-Us Quote 9020 Utility Undercover • Strobes-R-Us Quote 9019 Tahoe • Strobes-R-Us Quote 9014 D Bureau Impala • BSO Bid#13104030 Award Letter • Broward Sheriffs Office Bid#13104030 cond Complete contract document can be seen here http://strobes-r-us.com/admin/Contracts/BSO BID.Pdf DISCUSSION Consider approval of the fourteen (14) vehicles to be equipped by Strobes-R-Us for Police Service, which include: four (4) Police Interceptor Sedans as Patrol cars at $10,274 each; three (3) Police Interceptor Utility models as Sergeant's vehicles at $8,530 each; two (2) Police Interceptor Utility models equipped for undercover at $3,785 each; one (1) Tahoe equipped as an Assistant Police Chief vehicle at $4,496; and four (4) Impalas equipped as Detective Bureau cars at $2,017 each, for a total award of$86,820. TIMING OF THE REQUEST This purchase award is being requested to expedite the ordering of the necessary police equipment and accessories, so that the order will be fulfilled to coincide with the arrival of the new police vehicles being ordered. FUNDING SOURCE Funding is available from Garage Fund/Capital Vehicle Replacements 501-3312-591.64-20. RECOMMENDATION Through a Motion, recommending approval for the purchase and installation of Police Lights and Equipment for fourteen (14) police vehicles, in the amount of$86,820, from Strobes-R-Us through the Broward Sheriff's Contract #13104030 in accordance with Code of Ordinance, Section 36.02, (C) (7) Utilization of Other Governmental Entities Contract. STROBES-R-US INC Official Estimate 0 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9015 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total PRICING IS BASED ON THE BROWARD SHERIFF OFFICE CURRENT AND PIGGYBACKABLE CONTRACT 13104030 ALL LIST PRICES SHOWN ARE CURRENT AS OF 3-3-2015 FORD INTERCEPTOR UTILITY MARKED SGT VEHICLE PLEASE NOTE: THIS VEHICLE HAS EVERYTHING NECESSARY EXCEPT FOR A REAR COMMAND TYPE BOX WITH INTEGRATED REAR CARGO BARRIER. PER KEVIN AT FLEET,PD IS RESPONSIBLE FOR THIS BOX IW8** LIBERTY 11 SOLO 50"WITH ARROWS,TAKEDOWNS AND ALLEY LIGHTS. 1 1,242.64 1,242.64 WECAN CONTROLLED WITH NO CONTROL POINT LIST$2219.00 CCSRN3+CCML.. CENCOM SAPPHIRE WITH MIC AND EXTENSION CABLE LIST$987.00 1 568.51 568.51 HOWLER WHELEN HOWLER LOW TONE SIREN AMP WITH 2 SPEAKERS LSIT$740.0 1 414.40 414.40 SA315P ABS SIREN SPEAKER 100 WATT WHELEN SLIMLINE WITH BRACKET LIST 1 159.55 159.55 277.78 SAK44 WHELEN SPEAKER BRACKET SA315 MT KIT 11-12 EXPLORER L34ST 1 0.00 0.00 VTX609* WHELEN LED CORNER STROBE MODULE.ONE RED BLUE SPLIT IN EACH 6 76.72 460.32 HEADLIGHT,ONE BLUE IN EACH REVERSE LIGHT,ONE RED IN EACH BRAKE LIGHT, LIST$137.00 IONSM* WHELEN ION LED LIGHTHEAD SURFACE MOUNT(RED/BLUE)FOR SIDE OF 2 98.56 197.12 PUSH BUMPER LIST$176.00 P28FXI I USED TO MOUNT A PAR28D FOG LED TO A FORD EXPLORER OR UTILITY 2 4.48 8.96 INTERCEPTOR LIST$8 PAR28DJ PAR28 FOR INTERCEPTOR 1/2 RED 1/2 BLUE WITH DRIVING LIGHT 2 137.76 275.52 OVERRIDE LIST$246.00 DS-PAN-111-1 DSPANI I I HAVIS DOCKING STATION FOR PANASONIC CF30 CF31 LIST 1 673.00 673.00 $989.72 LPS-104 POWER SUPPLY FOR DS-PAN-111 DOCK LIST$214.82 1 146.07 146.07 SS0002 SAFETY STOP MODULE FOR INTERCEPTOR SUV INTERCEPTOR POLICE LIST 1 118.30 118.30 169 D6* DOMINATOR 6 POD LED STICK FOR UNDER FRONT BUMPER) LIST$518 1 290.08 290.08 Subtotal Sales Tax (6.0%) Signature Total Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 1 STROBES-R-US INC Official Estimate 0 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9015 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total TADS** 8 POD TIR3 STICK WARNING AND DIRECTIONAL.MOUNTS IN BACK 1 388.64 388.64 WINDOW UPPER.LIST$694 CG-X NEW STYLE CHARGE GUARD POWER TIMER LIST$99.00 1 69.30 69.30 PB47UNIT13 Black Powder Coated Steel Standard Push Bumper PRO GARD 2013 FORD 1 221.20 221.20 INTERCEPTOR UTILITY LIST 316 901-0087A FORD INTERCEPTOR SUV CONSOLE D&R LIST 287.00 INCLUDES FLOOR 1 200.90 200.90 PLATE CA-0107LS CONSOLE MOUNTED CUP HOLDER WITH ONE LARGE AND ONE SMALL CUP 1 21.00 21.00 SPACE LIST30 CA-0103S 3 OUTLET CIGAR PANEL TO MOUNT IN CONSOLE L 8"X W 1.5"LIST 34 1 23.80 23.80 LT-7600-E LT-7600 WITH SPECIAL UTX ADAPTER ATTACHED AND PLATE LIST 240 1 168.00 168.00 CA-0210 ARM REST WITH PENTAX PRINTER MOUNT BUILT IN.LIST 235 1 164.50 164.50 RWG47LTINT13A SET OF THREE WINDOW GUARDS FOR POLICE INTERCEPTOR UTILITY,TWO 1 252.70 252.70 SIDE ONE REAR CARGO WINDOW.LIST$361.0 183-0008 D&R 80 AMP BUSSMAN TYPE CIRCUIT BREAKER.LIST$65.00 1 36.40 36.40 14.0553 D&R 3 OUTLET CIGAR PLUG REAR CARGO AREA LIST 34 1 23.80 23.80 INSTALL INSTALL LIGHTBAR,PUSH BUMPER,6 POD STICK UNDER BUMPER,ION ON 1 1,176.00 1,176.00 EACH SIDE OF BUMPER„HEADLIGHT LED'S,FOG LIGHT LED'S WITH DRIVING OVERRIDE,SINGLE SPEAKER,HOWLER,CENCOM SIREN, 8 POD STICK IN REAR WINDOW TO DO WARNING AND DIRECTIONAL,2 TOTAL RED VERTEX IN BRAKE LIGHTS,2 TOTAL VERTEX BLUE IN REVERSE LIGHTS,HORN TRANSFER,CONSOLE WITH LAPTOP MOUNT,DOCKING TRAY WITH POWER,ARM REST WITH PRINTER HOLDER BUILT IN,DUAL CUP HOLDER,CUSTOMER PROVIDED PRINTER WITH POWER.WINDOW MESH TO COVER SIDE AND REAR CARGO WINDOWS.3 OUTLET CIGAR PLUG IN REAR OF TRUCK AS A POWER POINT.24.5 INSTALL INSTALL ARBITRATOR CAMERA SYSTEM$48.00 PER HOUR 1 288.00 288.00 THE FOLLOWING ARE CUSTOMER REQUESTED A-LA-CARTE TYPE ITEMS. (NON CONTRACT) Subtotal Sales Tax (6.0%) Signature Total Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 2 STROBES-R-US INC Official Estimate ., � 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FIA 3/3/2015 9015 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total TINT-SUV TINT.PREMIUM NON METALLIC.LIFETIME WARRANTY FOR SUV. 1 145.00 145.00 CUSTOMER MAY CHOOSE(28%DARKEST LEGAL)(15%MEDIUM DARKNESS)(5%LIMO DARK). EFB30-5025 BLUE SEAS DISTRIBUTION BLOCK WITH 6 POSITIONS 1 39.95 39.95 75456 STINGER DS LED HL FLASHLIGHT WITH DC CHARGER 1 119.50 119.50 SHIPPING VIA... PER CONTRACT WHELEN IS FREE FREIGHT,CUSTOMER PAYS FREIGHT ON 1 67.10 67.10 HAVIS,PRO-GARD,ETC. THIS FREIGHT IS ONE COMPLETE CAR AND INCLUDES CONSOLE,PUSH BUMPER * COMPLETE GRAPHICS KIT FOR 2015 SGT SETUP PER DEPARTMENT SPECS 1 570.00 570.00 Please call in advance for an appointment. Subtotal $8s30,26 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $8,530.26 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 3 a w r r r r rn m m m rn m m r rn rn o N N N N N O LL� LL� LL� LL� r r LL� V V O O O O O of 0 0 0 0 of of of LL� M M r V V N N N N of - 6 0 fA fA fA fA fA fA fA fA fA fA of U3 U3 U3 U3 U3 U3 U3 WU W p c c O A� L N OI N J� o co co co A O O O O O 0 Q Q Q Q Q H A N N Y Y 0I 0I 0I 0I (n D o 0 0 o aaaaa in in in o o o .o W 0 0 N O M > > 0 n n n n o m m m m m m m m m F E E E E M j o 0 0 0 0 N w `o `o `o `o `o `o `o `o `o H Z LL LL LL LL LL LL LL LL LL U I Ol Ol Ol Ol I I O N E V M V � u QN LL7. O rn N ro rn v ro °� rn a o rn U m Q C m w N 0 L L6 D N N M N N U3 N V N O U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 N 0 y N w N 4— N '� LL o 0 +�+ > U LL LU v v u� v v ro ri u� N v r ri W p` N O Q Q rn o rn N u� � u� ro co r o ro co � � li/� M a m r 77 r r r r r o r o r r r r v V w U d O w W d J > in in r 'I I Il co ImN co N N N N N N N ON N N N N N N /\ w c U U U U U U U O O O O Li o 0 0 0 0 0 0 0 > > > > u a a a a a a a E E E E V y B B B B OD O O fl fl N N d N N X X O U U V V O O O_ O_ O O O t > > > > > oo x x x m v U U U U U LL LL W W W F v -a -o -o -o -o -o -o -o -o -o d -o d d O ll ll ll ll ll ll ll ll ll ll U LL U U D Hd O MO lr r r v co co r co m u� m m STROBES-R-US INC Official Estimate ., � 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FIA 3/3/2015 9017 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total PRICING IS BASED ON THE BROWARD SHERIFF OFFICE CURRENT AND PIGGYBACKABLE CONTRACT 13104030 ALL LIST PRICES SHOWN ARE CURRENT AS OF 3-3-2015 FORD INTERCEPTOR SEDAN MARKED PATROL CAR IW8** LIBERTY 11 SOLO 50"WITH ARROWS,TAKEDOWNS AND ALLEY LIGHTS. 1 1,242.64 1,242.64 WECAN CONTROLLED WITH NO CONTROL POINT LIST$2219.00 CCSRN3+CCML.. CENCOM SAPPHIRE WITH MIC AND EXTENSION CABLE LIST$987.00 1 568.51 568.51 HOWLER WHELEN HOWLER LOW TONE SIREN AMP WITH 2 SPEAKERS LSIT$740.00 1 414.40 414.40 SA315P ABS SIREN SPEAKER 100 WATT WHELEN SLIMLINE WITH BRACKET LIST 1 159.55 159.55 277.78 SAK39 WHELEN SA315P SPEAKER BRACKET FOR Ford Taurus 2010-2012,and Police 1 0.00 0.00 Interceptor 2013 VTX609* WHELEN LED CORNER STROBE MODULE.ONE RED BLUE SPLIT IN EACH 8 76.72 613.76 HEADLIGHT,ONE RED BLUE SPLIT IN EACH REVERSE LIGHT,ONE RED IN EACH BRAKE LIGHT,TWO RED BLUE SPLIT IN TRUNK LID.LIST$137.00 VTXFB VERTEX SURFACE MOUNT BLACK FLANGE FOR THE TWO LIGHTS IN THE 2 4.76 9.52 TRUNK LIST$8.50 AVNTIRBW SINGLE AVENGER REAR DECK LIGHT RED/BLUE INTERWEAVE WARNING 2 133.84 267.68 WITH WHITE OVERRIDE LIST$239.00 REAR DECK ECPNTKFIBRB RED/BLUE SOUNDOFF INTERSECTOR LIGHT BUBBLE STYLE FOR 1 367.50 367.50 INTERCEPTOR SEDAN LIST$525.00 IONSM* WHELEN ION LED LIGHTHEAD SURFACE MOUNT(RED/BLUE)FOR SIDE OF 2 99.07 198.14 PUSH BUMPER LIST$172.00 ECVDMLT2AL00 WHITE/RED LED DOME LIGHT CLEAR LIST$81.00 1 56.70 56.70 DS-PAN-111-1 DSPANI I I HAVIS DOCKING STATION FOR PANASONIC CF30 CF31 LIST 1 673.00 673.00 $989.72 LPS-104 POWER SUPPLY FOR DS-PAN-111 DOCK LIST$214.82 1 146.07 146.07 932-0026A INTERCEPTOR SEDAN PASSENGER SIDE FLIP DOWN DOOR TO MOUNT ALL 1 221.90 221.90 ELECTRONICS SECURELY IN TRUNK. DOOR CAN LOCK AND A KEY WILL BE PROVIDED.LIST 317.00 Subtotal Sales Tax (6.0%) Signature Total Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 1 STROBES-R-US INC Official Estimate ., � 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FIA 3/3/2015 9017 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total PSSP3604INT13A PRO-GARD SPACE SAVER PLUS CAGE WITH MORE LEG ROOM BEHIND 1 559.30 559.30 PASSENGER SEAT.INCLUDES RECESS POCKET AND LOWER EXTENSION PANELS.LIST$799.00 WB361NT13 WINDOW BARS SEDAN FOR USE WITH DOOR PANELS ONLY 1 158.90 158.90 DP361NT13 INTERCEPTOR DOOR PANELS $132 1 92.40 92.40 S361NT13 PRO-GARD ABS REAR TRANSPORT SEAT FOR FORD INTERCEPTOR SEDAN 1 326.90 326.90 LIST$467 SS0002 SAFETY STOP MODULE FOR INTERCEPTOR SEDAN TAURUS POLICE 1 118.30 118.30 PRO-GARD$ 169 PB361NT13 FORD SEDAN INTERCEPTOR PUSH BUMPER PRO GARD$268 1 187.60 187.60 D6* DOMINATOR 6 POD WARNING ONLY LED STICK MOUNTS TO PUSH BUMPER 1 290.08 290.08 RED/BLUE LIST$518.00 CG-X NEW STYLE CHARGE GUARD POWER TIMER LIST$99.00 1 69.30 69.30 C-HK-LP SINGLE CIGAR LIGHTER WITH CAP LIST$24.15 1 16.42 16.42 SHIPPING VIA... PER CONTRACT.WHELEN AND SOUNDOFF IS FREE SHIPPING. CUSTOMER 1 162.42 162.42 PAYS FREIGHT ON HAVIS AND PROGARD(CAGES,CONSOLE,SEAT,PUSH BUMPER ETC). FREIGHT PER ONE COMPLETE CAR IS 901-0082A CONSOLE FOR TAURUS INTERCEPTOR SEDAN,MOUNTS LT7600 TO TOP 245 1 171.50 171.50 CA-0107LS CONSOLE MOUNTED CUP HOLDER WITH ONE LARGE AND ONE SMALL CUP 1 21.00 21.00 SPACE 30.00 CA-0103S 3 OUTLET CIGAR PANEL TO MOUNT IN CONSOLE L 8"X W 1.5"34.00 1 23.80 23.80 LT-7600-E LT-7600 WITH SPECIAL UTX ADAPTER ATTACHED AND PLATE 240.00 1 168.00 168.00 901-0095A NEW REVISION PRINTER HOLDER MOUNTS INTO THE DASH OF A FORD 1 220.50 220.50 INTERCEPTOR SEDAN. $315.00 904-0135A ARM REST THAT BOLT TO SIDE OF CONSOLE $68.00 1 47.60 47.60 183-0008 D&R 80 AMP BUSSMAN TYPE CIRCUIT BREAKER.LIST$65.00 1 36.40 36.40 Subtotal Sales Tax (6.0%) Signature Total Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 2 STROBES-R-US INC Official Estimate 0 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9017 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total INSTALL INSTALL LIGHTBAR ON ROOF, PUSH BUMPER,6 POD STICK RED BLUE 1 1,344.00 1,344.00 UPPER BUMPER FORWARD,ONE ION RED/BLUE EACH SIDE OF BUMPER, ONE RED/BLUE VERTEX LED IN EACH HEADLIGHT,SPEAKER,DUAL SPEAKER HOWLER SYSTEM,RED/BLUE SPLIT BUBBLE STYLE SOUNDOFF INTERSECTOR LED'S,TWO RED/BLUE SPLIT SINGLE SOUNDOFF LIGHTS ON REAR DECK,ONE RED/BLUE SPLIT VERTEX LED IN EACH REVERSE HOUSING,ONE RED VERTEX LED IN EACH BRAKE HOUSING,TWO RED/BLUE SPLIT VERTEX LED'S IN TRUNK WITH ON/OFF SWITCH,SIDE MOUNTED ELECTRONICS TRAY DOOR WITH CENCOM SAPPHIRE SIREN,6 OUTLET FUSE BLOCK,CHARGE GUARD TIMER DEVICE,BREAKER,CAMERA SYSTEM MOUNTED TO IT. LAPTOP MOUNT WITH TOP PIVOT ADAPTER, DOCKING STATION WITH NO ANTENNA PORTS,CONSOLE,ARM REST,CUP HOLDER,CIGAR PLUG,IN DASH PRINTER HOLDER. FLASHLIGHT ON FLOOR PLATE, RADIO BATTERY CHARGER,SAFE STOP SYSTEM WITH SWITCH TO LEFT OF STEERING WHEEL,LED DOME LIGHT,PARTITION WITH RECESS POCKET AND CENTER SLIDING LEXAN WINDOW,SANTA CRUZ GUN LOCK HORIZONTAL ABOVE CAGE,SIDE DOOR PANELS ON REAR DOORS,REAR ABS SEAT,INSTALL SINGLE CIG OUTLET ON DASH POCKET FOR RADAR. $48.00 PER HOUR FOR LABOR.28.00 INSTALL INSTALL ARBITRATOR CAMERA SYSTEM$48.00 PER HOUR 1 288.00 288.00 THE FOLLOWING ARE CUSTOMER REQUESTED A-LA-CARTE TYPE ITEMS. (NON CONTRACT) TINT-SEDAN TINT.PREMIUM NON METALLIC.LIFETIME WARRANTY FOR SEDAN. 1 125.00 125.00 CUSTOMER MAY CHOOSE(28%DARKEST LEGAL)(15%MEDIUM DARKNESS)(5%LIMO DARK). * SC-934-5-A GUN LOCK SANTA CRUZ.HORIZONTAL TO MOUNT TO UPPER 1 198.00 198.00 CAGE. EFB30-5025 BLUE SEAS DISTRIBUTION BLOCK WITH 6 POSITIONS 1 39.95 39.95 75456 STINGER DS LED HL FLASHLIGHT WITH DC CHARGER 1 119.50 119.50 * GRAPHICS KIT FOR POLICE INTERCEPTOR SEDAN 1 485.00 485.00 SHIPPING VIA... PER CONTRACT,CUSTOMER PAYS FREIGHT 1 64.52 64.52 Please call in advance for an appointment. Subtotal $1 0,273.76 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $10,273.76 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 3 STROBES-R-US INC Official Estimate ., � 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FIA 3/3/2015 9020 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total PRICING IS BASED ON THE BROWARD SHERIFF OFFICE CURRENT AND PIGGYBACKABLE CONTRACT 13104030 ALL LIST PRICES SHOWN ARE CURRENT AS OF 3-3-2015 FORD INTERCEPTOR UTILITY UNDERCOVER PKG WITH STARTER CONSOLE PACKAGE IX34UFZ EXTREME FRONT INNER EDGE WITH LED TAKEDOWNS LIST$1015.00 1 568.40 568.40 HHS2200 WHELEN HANDHELD SIREN&LIGHTING CONTROLLER$582 1 325.92 325.92 SA315P ABS SIREN SPEAKER 100 WATT WHELEN SLIMLINE WITH BRACKET LIST 1 159.55 159.55 277.78 SAK44 WHELEN SPEAKER BRACKET SA315 MT KIT 11-12 EXPLORER L34ST 1 0.00 0.00 VTX609* WHELEN LED CORNER STROBE MODULE.ONE RED BLUE SPLIT IN EACH 6 76.72 460.32 HEADLIGHT,ONE BLUE IN EACH REVERSE LIGHT,ONE RED IN EACH BRAKE LIGHT, LIST$137.00 P28FXI I USED TO MOUNT A PAR28D FOG LED TO A FORD EXPLORER OR UTILITY 2 4.48 8.96 INTERCEPTOR LIST$8 PAR28DJ PAR28 FOR INTERCEPTOR 1/2 RED 1/2 BLUE WITH DRIVING LIGHT 2 137.76 275.52 OVERRIDE LIST$246.00 TADS** 8 POD TIR3 STICK WARNING AND DIRECTIONAL.MOUNTS IN BACK 1 388.64 388.64 WINDOW UPPER.LIST$694 901-0087A FORD INTERCEPTOR SUV CONSOLE D&R LIST 287.00 INCLUDES FLOOR 1 200.90 200.90 PLATE CA-0107LS CONSOLE MOUNTED CUP HOLDER WITH ONE LARGE AND ONE SMALL CUP 1 21.00 21.00 SPACE LIST30 CA-0103S 3 OUTLET CIGAR PANEL TO MOUNT IN CONSOLE L 8"X W 1.5"LIST 34 1 23.80 23.80 CA-0210 ARM REST WITH PENTAX PRINTER MOUNT BUILT IN.LIST 235 1 164.50 164.50 183-0008 D&R 80 AMP BUSSMAN TYPE CIRCUIT BREAKER.LIST$65.00 1 36.40 36.40 AVNI J WHELEN SINGLE SUPER-LED AVENGER LIGHT RED/BLUE ONE IN EACH 2 119.28 238.56 SIDE CARGO WINDOW. LIST$213 THE FOLLOWING ARE CUSTOMER REQUESTED A-LA-CARTE TYPE ITEMS. (NON CONTRACT) Subtotal Sales Tax (6.0%) Signature Total Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 1 STROBES-R-US INC Official Estimate 0 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9020 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total TINT-SUV TINT.PREMIUM NON METALLIC.LIFETIME WARRANTY FOR SUV. 1 145.00 145.00 CUSTOMER MAY CHOOSE(28%DARKEST LEGAL)(15%MEDIUM DARKNESS)(5%LIMO DARK). INSTALL INSTALLATION OF 6 CORNER LED'S,2 FOG LED'S,1 INNER EDGE IN THE 1 768.00 768.00 FRONT WINDOW,2 SIDE WINDOW LED'S,REAR STICK/WARNING LIGHT, BASIC CONSOLE WITH ONLY ARM REST,CUP HOLDER,CIG PLUGS,HAND HELD SIREN AND SPEAKER 16 Please call in advance for an appointment. Subtotal $3>785.47 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $3,785.47 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 2 STROBES-R-US INC Official Estimate 0 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9019 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total PRICING IS BASED ON THE BROWARD SHERIFF OFFICE CURRENT AND PIGGYBACKABLE CONTRACT 13104030 ALL LIST PRICES SHOWN ARE CURRENT AS OF 3-3-2015 ASSISTANT CHIEF TAHOE IX45UFZ NEW Chevy Tahoe,2015,Ten 3-LED Lamps,Upper Front Unit,Two Piece,Individual 1 568.40 568.40 Driver and Passenger Side Units,with Two LED Flashing/Take-Downs(One in Each Housing)LIST 1015 HHS2200 WFIELEN HANDHELD SIREN&LIGHTING CONTROLLER LIST$582.00 1 325.92 325.92 SA315P ABS SIREN SPEAKER 100 WATT WHELEN SLIMLINE WITH BRACKET LIST 1 159.55 159.55 277.78 SAK39 WHELEN SA315P SPEAKER BRACKET FOR Ford Taurus 2010-2012,and Police 1 0.00 0.00 Interceptor 2013 VTX609* WFIELEN LED CORNER STROBE MODULE.ONE RED BLUE SPLIT IN EACH 4 76.72 306.88 HEADLIGHT,ONE BLUE IN EACH REVERSE LIGHT.LIST$137.00 183-0008 D&R 80 AMP BUSSMAN TYPE CIRCUIT BREAKER.LIST$65.00 1 36.40 36.40 MCRNS* WFIELEN MICRON WITH BLACK BEZEL LIST$158.00 FOR GRILL 2 88.48 176.96 EFB30-5025 BLUE SEAS DISTRIBUTION BLOCK WITH 6 POSITIONS 1 39.95 39.95 M4J RED/BLUE SPLIT LED M4 WITH CLEAR LENS FOR FOG LIGHT AREA LIST 2 128.24 256.48 $229.00 M4CT15B Fog Light Mount,For 2015 Chevy Tahoe,Pair,Black LIST 69 1 38.64 38.64 SSFPOSI6 IMPALA/TAHOE PLUG AND PLAY HEADLIGHT FLASHER WFIELEN$104.00 1 58.24 58.24 AVN2-RB WFIELEN DUAL AVENGER LED LIGHT(RED/BLUE)FOR SIDE WINDOWS LIST 2 195.44 390.88 $349 TADS** 8 POD TIR3 STICK 28"LONG LED RED AND BLUE WITH REAR WARNING AND 1 388.64 388.64 ARROWS BACK WINDOW UPPER$694 D8* 60"RED/BLUE SIDE RUNNING BOARD LED STRIPS $661.00 2 370.16 740.32 TINT-SUV TINT.PREMIUM NON METALLIC.LIFETIME WARRANTY FOR SUV. 1 145.00 145.00 CUSTOMER MAY CHOOSE(28%DARKEST LEGAL)(15%MEDIUM DARKNESS)(5%LIMO DARK). Subtotal Sales Tax (6.0%) Signature Total Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 1 Ss SE, M-4$ STROBES-R-US INC Official Estimate 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9019 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total INSTALL INSTALLATION OF HEADLIGHT AND TAIL LGIHT FLASHER,SPEAKER AND 1 864.00 864.00 HAND HELD SIREN,2 FOG LED'S,2 GRILL LED'S 2 R/B LED'S IN FRONT HEADLIGHTS,FRONT INNER EDGE,60"LED STRIPS ON RUNNING BOARDS, R/B DUAL AVENGER SIDE WINDOWS,8 POD STICK REAR WINDOW,2 BLUE LED'S IN REVERSE HOUSING, 18 Please call in advance for an appointment. Subtotal $4>496.26 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $4,496.26 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Page 2 STROBES-R-US INC Official Estimate 0 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# 3/3/2015 9014 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH ACCOUNTS PAYABLE DEPT. ATTN: KEVIN RUMELL 100 NW 1ST AVENUE 434 S. SWINTON AVE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 Item Description Qty Rate Total PRICING IS BASED ON THE BROWARD SHERIFF OFFICE CURRENT AND PIGGYBACKABLE CONTRACT 13104030 ALL LIST PRICES SHOWN ARE CURRENT AS OF 3-3-2015 *****2015 CHEVY IMPALA DB SETUP*********** AVNI J SPLIT SINGLE AVENGER REDBLUE*****2 FOR REAR DECK 2 FOR FRONT 4 119.28 477.12 WINDOW UPPER***LIST 213 VTX609* WHELEN LED CORNER STROBE MODULE****2 R/B SPLIT FOR FRONT 4 76.72 306.88 WINDOW.2 R/B SPLIT FOR REVERSE LIST$137.00 HHS2200 HAND HELD WHELEN SIREN W LIGHT LIGHTS/SIREN HAND HELD LIST$582 1 325.92 325.92 SA315P ABS SIREN SPEAKER 100 WATT WHELEN SLIMLINE WITH BRACKET LIST 1 159.55 159.55 $277.78 SAK21 WHELEN SA315P SPEAKER BRACKET FOR CHEVY IMPALA BRACKET FOR 1 0.00 0.00 SA315 INCLUDED FREE IN CONTRACT SSFPOSI6 IMPALA/TAHOE PLUG AND PLAY HEADLIGHT FLASHER WHELEN LIST 1 58.24 58.24 $104.00 183-0008 D&R 80 AMP BUSSMAN TYPE CIRCUIT BREAKER.LIST$65.00 1 36.40 36.40 TINT-SEDAN TINT.PREMIUM NON METALLIC.LIFETIME WARRANTY FOR SEDAN. 1 125.00 125.00 CUSTOMER MAY CHOOSE(28%DARKEST LEGAL)(15%MEDIUM DARKNESS)(5%LIMO DARK). INSTALL CUSTOM INSTALLATION OF, 1 X BUSS BREAKER,2 PIECE SIREN,SPEAKER, 11 48.00 528.00 2 X FRONT HIDE A WAY LEDS,HEADLIGHT FLASHER,2 LED DASH LIGHTS ABOVE REAR VIEW MIRROR,2 X DUAL R/B SPLIT REAR DECK LEDS,AND 2 REAR HIDE A WAY LEDS. Please call in advance for an appointment. Subtotal $2>0 17.11 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $2,017.11 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET PD 13-22 August 12, 2013 Strobes-R-Us, Inc. 2681 Hammondville Road Pompano Beach, FL 33069 Attn: Tomer Hanina RE: ITB# 13104030 EMERGENCY EQUIPMENT FOR LAW ENFORCEMENT VEHICLES Dear Mr. Hanina: The Broward Sheriff's Office is pleased to inform you that your company, Strobes-R-Us, Inc. is being awarded the above contract for the supply and installation of Emergency Equipment for Law Enforcement Vehicles. This is a non-exclusive Agreement and the Sheriff reserves the right to procure the products and /or services described in the bid from other providers. The contract will commence on August 12, 2013 and expire on August 11, 2015 with an option for two (2) additional one (1) year renewals as outlined in the bid documents. Our Fleet Services Division will request quotations on a per job basis and purchase orders will be issued accordingly on a per job basis. Quotations should be submitted reflecting the applicable discounts and the hourly installation labor rate provided in your bid submittal. Quotations should also include a statement that pricing is based on BSO Bid # 13104030. As per the bid documents, this award is contingent on maintaining the Insurance coverage as specified in Section I — Article 8 of the bid document. The Certificate of Insurance should be submitted prior to commencement of any work. Proof of renewal of these policies will be required throughout the term of this Agreement. We wish to thank you for your interest in doing business with the Broward Sheriffs Office and look forward to a mutually beneficial business relationship. Should you have any questions, please feel free to email the Purchasing Manager, Patrick J. Callagy, at Patrick callagyCa�sheriff.org or phone him at 954-831-8170. Sincerely, Neesa Warlen Purchasing Bureau Director cc: Pete Achilarre Scott Barnett Strobes-R-Us 2681 HAMMONDVILLE ROAD. POMPANO BEACH, FL 33069 PHONE (954) 946-9955 FAX (954) 946-9677 April 13, 2015 Please accept this letter as notice that Strobes-R-Us Inc. is extending to the City of Delray the ability to piggyback and utilize the Broward County Sheriffs Office contract. This contract, titled "Bid 13104030" currently reflects the lowest prices available in Fiscal Year 2015, from Strobes-R-Us Inc to any government agency within the State f Florida. Tom Hanzna President Strobes-R-Us Inc, BROWARD COUNTY SHERIFF'S OFFICE 2601 W. BROWARD BLVD. FT LAUDERDALE, FLORIDA 33312 f F INVITATION TO BID BID # 13104030 FOR EMERGENCY EQUIPMENT FOR LAIN ENFORCEMENT VEHICLES Issue Date: June 21, 2013 SECTION IV BID PRICING FORM &ACKNOWLEDGEMENTS BIDDER ACKNOWLEDGEMENT: Bidder by virtue of submitting this bid acknowledges that they have read, understand, accept and will comply with all the terms, conditions and specifications of this BID and any addenda issued. Bidders shall thoroughly examine and be familiar with these specifications. The failure or omission of any Bidder to review this document shall in no way relieve any Bidder of obligations with respect to [his BID, The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this BID. 1MPORTANTIII THIS PAGE MUST BE SIGNED FOR BID TO BE CONSIDERED PER GENERAL CONDITIONS SECTION Il The undersigned Bidder does declare that no other persons other than the Bidder herein named has any interest in this bid or in the contract to be taken,and that it is made without any connection with any other person or persons making bid for the same article,and is in all respects fair and without collusion OF fraud. The undersigned further declares that the specifications have been carefully examined and the Bidder is thoroughly familiar with its provisions and with the quality, type and grade of required materials. Tile undersigned further declares and proposes to furnish the articles called for within the specified time in this bid for the following price and guarantees that parts and services for the articles listed below are available within the State of Florida,to wit: Furthermore, I certify that I am duly authorized to sign this bid for the bidder. I r kv-s '27IL24 Legal Name of Company Ma al Signature ompany Officer ` at PRINT INFORMATION BELOW: Name of Company Officer Title of Company Officer Please check one: ORIGINAL [ COPY ❑ III #7 13104113€1 24 Emergency Ecfuipmernl for Law Enforcement Vehides _ BID FORM_ ITEM PRICING INFORMATION Emergency Equipment for Law Enforcement Vehicles RFB#13104030 O PRODUCT DESCRIPTION EST z PART NUMBER (NO SUBSTITUTIONS) PRICING YRLY EXTENSION W PER UNIT QTY -- SOUNDOFF 380 SERIES REMOTE SIREN DUAL v' 1. ETSA38OR TONE t 100 SOUNDOFF 400 SERIES REMOTE SIREN DUAL f� 2. ETSA482RSP TONE 1 100 WHELEN DUAL AMP SIREN,WILL RUN(2) 3. DA295BCSO 10OWT APEAKERS,20 SCAN-LOCK TONES g 100 n �]� SET TO BCSO SPECIFICATIONS "� l WHELEN HANDHELD SIREN/LIGHT 4. HHS2200 CONTROLLER 200WATTC 30 � SOUNDOFF 400 SERIES HANDHELD SIREN 5. ETSA462HPP DUAL TONE ����� 30 CODE 3 3100 SPEAKER WIB 6, C310OU BRACKET / 200 t —� WHELEN COMPACT 100 WATT SIREN 7. SA316P SPEAKER,TO INCLUDE SAK MOUNTING 200 BRACKET � � � 071600 APEX LED LIGHTBAR WILED TD&ALLEYS 8. EPX3000 ALL BLUE LED,BLUE END CAPS,1-AMBER, 1- f r� �°° 100 # �V RED MODULE IN REAR 1 ( I WHELEN PREMIUN LIGHTBAR,CUSTOM 9. CL848508CSOZ81 BUILT TO BROWARD COUNTY SHERIFF'S DEPARTMENT SPECIFICATIONS,VEHICLE MOUNT KIT IS INCLUDED,SPECIFY VEHICLE: j CAPRICE SOUNDOFF 12 MOD ULTRALITE 10. EL3H12A20.1 100 8-LAMP TIR3 SUPER WHELEN DOMINATOR � 11. TAD80080 LED 100 ] SOUNDOFF 4 MODULE ULTRALITE 'I2. EL3H04A00E~ fC/ 50 --- LED LEN D01411NA70R 6-LAMP TIR3 SUPER F13. D633000 WHELEN DOMINATOR 4-LAMP TIR3 SUPER 0422000 LED 50 ��-- BID 9 13104030 25 Emergency Equipment for Law Enforcement Vehidas BID FORM_ _ ITEM PRIZING INFORMATION — - -_. Emergency Equipment for Law Enforcement Vehicles RFS#13104030 Ci PRODUCT DESCRIPTION EST PART NUMBER (NO SUBSTITUTIONS) PRICING w PER UNIT YRLY EXTENSION QTY — _----- SOUNDOFF LED3 MINI LIGHT —_— — 15. EL33NR 7 200 85_7 SOLID-STATE HEADLIGHT AND TAILLIGHT �JU 75 FLASHER,FOR CHEVY POLICE PACKAGE 33 z- 16. SSFPOSI6 l j VEHICLES �I WHELEN SURFACE MOUNT SUPER-LED,TIR3 - - - 17. RSR03ZCR RED LED WITH CLEAR OUTER LENS,BLACK J j `�U 100 MOUNTING FLANGE INCLUDED. WHELEN SURFACE MOUNT SUPER-LED,TIR3 18. RSB03ZCR BLUE LED WITH CLEAR OUTER LENS,BLACK r 1 Qp MOUNTING FLANGE INCLUDED '�!/ L 700 SOUNDOFF SURFACE MOUNT GHOST LIGHT ICJ. EGHST2(J) (REDiBLUE) Q1 i 200 WHELEN SURFACE MOUNT SUPER-LED, 20, LINZ6J SPLIT RED/BLUE LEDS WITH CLEAR OUTER 200 LENS,BLACK MOUNTING FLANGE INCLUDED !/ f jj v �- SOUNDOFF UNIVERSAL UNDERCOVER LED 21. ELUC25010R INSERT(RED) ------ `7/�� 100 WHELEN VERTEX HIDE-A-WAY SUPER-LED, 6)6�[J 22. VTX609J SPLIT RI=D/BLUE ' 200 SOUNDOFF UNIVERSAL UNDERCOVER LED � 23. ELUC2S010B INSERT(BLUE) `70 100 06 _..- CHEVY TAHOE FOG LIGHT MOUNT SUPER- --- _ 24. FECT10JR LED,WITH CLEAR EXTENDED LENS, 80 � SYNCHRONIZABLE SPLIT RED/BLUE,WITH / r` WHITE DRIVING LIGHTS / f SOUNDOFF GHOST DUAL STACKED - 3 25. EGHST6EB (BLUEAVHITE) _ 1 � ,.�' 20 §OUNDOFF INTERSECTOR FENDER LIGHT 26, ECPNTKFIBRB RED/BLUE 140 ( y�C' SOUNDOFF INTERSECTOR LED-BLUE 27. ENT283B - 20 Q, C•�/ U WHELEN SIDKtGK SUPER-LED SPLIT _ �f 28. SK02WJJ REB/BLUE FOR CHEVY CAPRICE a 140 7( l C SUBURBAN/TAHOE XLP INNEREDGE,EXTRA 29. IXI3UFZ LOW PROFILE FRONT UPPER UNIT WITH TEN � l ao 10 3-LED LAMPS,2-PIECE WITH TWO FLASHING/TAKEDOWNS,COLOR CODE IXP55000 fill)8 1M040t0 2`v Emergency Equipment for Law Enforcement Vehicles BID FORM — — ITEM PRICING INFORMATION Emergency Equ[pment for Law Enforcement Vehicles RFB#13104030 Q PRODUCT DESCRIPTION EST 2 PART NUMBER (NO SUBSTITUTIONS) PRICING YRLY EXTENSION g PER UNIT QTR, uj CAPRICE XLP INNEREDGE,EXTRA LOW 30. IX37UFZ PROFILE FRONT UPPER UNIT WITH TEN 3- � "-j'o 10 5 '}Dd LED LAMPS,2-PIECE WITH TWO FLASHING/ ✓��( TAKEDOWNS,COLOR CODE IXP55000 FORD INTERCEPTOR UTILITY XLP 31. IX34UFZ INNEREOGE,EXTRA LOW PROFILE FRONT 15 UPPER INIT WITH TEN 3-LED LAMPS,2-10'IECE WITH TWO FLASHING/TAKEDOWNS,COLOR f CODE IXP55000 —� SOUNDOFF PINNACLE Vt1ITH BLUE LEOS AND —� 32. EPL8000WS TAKEDOWNS FOR CHEW CAPRICE FRONT 10 WINDOW SOUNDOFF PINNACLE ALL BLUE WITH TWO 33. EPL800ORD RED MODULES FOR CHEVY CAPRICE REAR _ 10 f A77777 WINDOW (o SOUNDOFF PINNACLE WITH BLUE LEDs AND 34. EPL800OWS TAKEDOWNS FOR CHEVY TAHOE FRONT � 10 WINDOW ��� — �- HAMS UNIVERSAL LAPTOP MOUNT,NON- 35. UT-101 ELECTRIC TRAY j9 100 AMERICAN ALUMINUM K9 CAGE-TAHOE � 1� 36. K-9 CAGE ] ACE K9 NOT-N-POP FOR TAHOE �0 37. HP-501a-B 10 � �... K9 FAN AND MODULE lo o 38, HA-FKT-12 L J � r ACE K9 CARBON MONOXIDE DETECTOR 10 t 3J. HA-CMp-D 11 � ACE K9 LONG RANGE REN40TE PAGER �. 40. HA-RBM-Fl MODULE 10 —Au 0 -- TREMCO ANTI THEFT DEVICE FOR TAHOE � � �. 41. TREMCO 10 PRO-GARD SAFE STOP ANTI THEFT DEVICE - 42. PRO-GARD FOR CHEVY TAHOE P19 'Fla 1a SAFESTOP pSJ(Ci(�f GO RHINO TAHOE PUSH BUMPER of 10 43. 316OB �( BID 9 13104030 27=19-2 Emergency Equipment fae Law Enforcement Vehicles BID FORM ITEM PRICING INFORMATION Emergency Equipment for Law Enforcetne[lt VeI3lcles RFS#1311}4030 — PRODUCT DESCRIPTION EST z PART NUMBER (NO SUBSTITUTIONS) PRICING YRLY EXTENSION g PER UNIT CITY w PRO-GARD LED PUSH 13UMPER CEAVY 44, PB57T07LEDRB TAHOE 10 GO RHINO CAPRICE PUSH BUMPER rC� 70 45. 5082E J ccJJ 1 PRO-GARD TAHOE PUSH BUMPER BLACK O 46. PB57T11 POWOERCOAT 10 PRO-GARD SEDAN PRISONER TRANSPORT –� 47. P5314CC11A PARTITION,SL CAPRICE, OW POLYCARBONATE g 70 CENTER SLIDER WINDOW WITH EXPANDED METAL INSERT — PRO-GARD PAIR OF 20"STEEL EXTENTION 48. SP53BCC f 1 PANELS FOR ABOVE 7© / PRO-GARD SPACE SAVER DESIGNCa 49, RP530C11 RECESSED PANEL FOR ABOVE 70/' (i PRO-GARD CHARCOAL GREY ABS C� O 60. 353CC11 STANDARD REPLACEMENT SEAT FOR CEEVY �] ) fv 70 )OV'CAPRICE ✓�j 1! _ _� PRO-GARD PAIR OF STEEL WINDOW BARS 51. WB53NPOC11 FOR USE WITH OEM DOORPANELS 15 r' 70 10 7V WHELEN LOW FREQUENCY TONE SIREN, 52. HOWLERS SUBURBANITAHOE WITH(2)SPEAKERS q66 --- 5 )D&R CAPRICE CONSOLE WITH SPACE FOR {J 53. 901-0078A FORWARD MOUNTED COMPUTER.CONSOLE 70 HAS 3 CIGAR PLUGS BUILT IN AND CAN HOLD ' 5 PIECES OF EQUIPMENT,CONSOLE INCLUDES ALL EQUIPENT FACE PLATES TO CUSTOMER SPECIFICATIONS D&R DUAL CUP HOLDER WITH ONE 54, CA-0107LS STANDARD CAN SIZE POSITION AND ONE 70 { q76) LARGE SIZE POSITION D&R FLIP UP FULL SIZE ARM REST WITH r 55. CA-0115 HEAVY DUTY RUBBER PAD _ ��� 70 D&R CAPRICE LAPTOP M_OU Rf WITH TILT _ — 56, 906-0195A AND SWIVEL AND ADAPTER TO MOUNT UTX [� �� 70 Hill 4 13104030 28 Emergency Equipment for Law Enforcement Vehld�ls _ BID FORM ITEM PRICING INFORMATION Emergency Equipment for Law Enforcement Vehicles RFB if 13104030 O -- PRODUCT DESCRIPTION EST j z PART NUMBER (NO SUBSTITUTIONS) PRICING YRLY EXTENSION ' 2 PER UNIT QTY r D&R IN TRUNK PASSENGER SIDE !� 57. 932-002.0A STORAGE PANEL WITH FLIP DOWN ! 70 LOCKING DOOR TO MOUNT ALL r[ EMERGENCY EQUIPMENT D&R OVERSIZE TAHOE CONSOLE WITHI 58, 901-0048B SIDE STORAGE POCKET CAN SUPPORT �?l 1© 6 PIECES OF EQUIPMENT,CONSOLE INCLUDES ALL EQUIPENT FACE PLATES TO CUSTOMER SPECIFICATIONS D&R 3 OUTLET CIGAR PLUG FOR 36 10 59. C-LP3 CONSOLE C?0 D&R CONSOLE TOP MOUNTED LAPTOP 60, LT-7600E ASSEMBLY WITH TILT AND SWIVEL 10 ADAPTER. INCLUDES CUSTOM MOUNTING TOP TO SUPPORT UT-X 1 TRAY JOTTO 9C1 MDC CONSOLE FOR 2013 �� 61. 425-6693 CAPRICE INCLUDE COMPUTER MOUNT 70 JOTTO EXCHANGE PLATE FOR UTX f� 70 d���� 62. 425-5483 y YAC tf'_} ---- — JOTTO DUAL CUP HOLDER 70 L179 63. 425-6038 -- — JOTTO DESK UPPER STRUCTURE ARM �70 � �� 64. 425-6260 REST -�� JOTTO POLICE CONSOLE WITH SIDE. _ ## 65. 425-6418 STORAGE FOR CHEVY TAHOE INCLUDE 10 COMPUTER MOUNT NOTE:All prices must be FOB destination. Prices provided above shall Include the cost for any and all fees Incurred Including,but not limited to,any surcharges for fuel. TOTAL FOR 65 ITEMS 131D#13104030 2.9 Emergency Equipment for Law Enforcement Vehicles LAID FORM -- _ ITEM PRICING INFORMATION "EMERGENCY EQUIPMENT FOR LAW ENFORCEMENT VEHICLES" ITB#13104030 CATALOG LINES — mi. .i.a PROpUCT t sCRIPrION [315GOUNT PRONE NlJM3 1=1 . fJF1'ERb OAF CATALOG PRICE WHELEN CATALOG 860-526-9504 ' % 1. COpE3 PUBLIC SAFETY EQUIPMENT CATALOG 800-972-101$ 2. 3. FEDERAL SIGNAL CATALOG 800-264-3578 % 4. ADAMSON INDUSTRIES CORPORATION CATALOG 800-232-0162 % 5. PRO-GARD INDUSTRIES LAW ENFORCEMENT CATALOG 800-480-6680 30 % 6. RAY ALLEN MANUFACTURING COMPANY CATALOG 800-480-6680 /% % — 800-524-0900 7 HAVIS-SHIELD MANUFACTURING COMPANY CATALOG 877-875-5524 °f° LEDCO-CHARGEGUARD CATALOG 8, i ACE BY RADIOTRONICS INC. CATALOG 561-746-0935 / f - - -- 877-455-6886 %�LJ g JOTTO DESK CATALOG X6493 10, -JY SETINA MANUFACTURING CATALOG 800-426-2627 °f° 11. — SOUNDOFF SIGNAL 800-338-7337 % 12, AMERICAN ALUMINUM ACCESSORIES 800-277-0869 / JJ 13. LUND INDUSTRIES 800-504-1460 % 14. 3M CATALOG 877-666-2277 % E15. ORACAL CATALOG — 800-672-2251 % %? Bid 0 13104030 30 AD-'I EmergeE7cy Fquipment for Law Enforcement Vehicles 16, TREMCO POLICE PRODUCTS 888-666-3031 0 o/a 17, GO RHINO PRODUCTS 888-980-4816 015, a/o D & R ELECTRONICS 800-538-7338 % 19. ---- TROY PRODUCTS 800-700-8769 a/a -,. . HOURLY LABOR RA>' 20. HOURLY LABOR RATE (per section III, NOTE. All prices must be FOB destination. Prices provided above shall Include the cost for any and all fees incurred including, but not limited to,any surcharges for fuel. Bidders are to submit the web address(es)for online catalogs. DELIVERY TIME (MINIMUM OF 12--15 VEHICLES PER WEEK)AFTER RECEIPT OF ORDER: Z - —CALENDAR DAYS QUANTITIES ARE AN ESTIMATE—THE AMOUNT OF GOODS PURCHASED UNDER THIS CONTRACT CANNOT BE GUARANTEED AND WILL BE CONTINGENT UPON AVAILABILITY OF FUNDING. Legal Company Named Did-4 13104030 31 AD-1 Emeryncy Equipment for Law Enforcement Vehicles SECTION IV 131D PRICING FORM&ACKNOWLEDGEMENTS NOTE: YOUR BID SUBMITTAL MUST INCLUDE TECHNICAL SPECIFICATIONS FOR THE ITEM (S)BID. NAME&ADDRESS OF COMPANY SUBMITTING BID: ttom' � � �t7DH1JVtl�G� FEDERAL EMPLOYER IDENTIFICATION#OR SOCIAL SECURITY#_r2- COMPANY TELEPHONE NUMBER: (VY) 11��5.� FAX "Z �7, EMERGENCY 24 HR TELEPHONE:,(J"_B_�C E-MAIL ADDRESS A G,,-, SIGNER TELEPHONE NUMBER: pjl&���Y FAX www. Si I. Acknowledgement of Addenda: Number of Addenda Issued_ 2, Conflict of Interest: For purposes of determining any possible conflict of interest,all Bidders must disclose if any BSO employee or family member(that is in a position of authority,will be Involved with the contract on a dallyl►nonthly basis or will be involved In the contract administration)is also an owner,corporate officer, or employee of their business. Indicate either"yes"(A BSO employee or family member is also associated with your business),or"ne,If yes,give person(s)nanne(s)and position(s)with your business. Yes Name(s)and Position(s) No RID H 131U403© 32 Emergency Equipment for Law Enforcement Vehicles SECTION IV-BID PRICING FORM &ACKNOWLEDGEMENTS cont 3. Pa Event Terms: PAYMENT WILL BE MADE WITHIN THIRTY(30)DAYS OF RECEIPT OF ACCURATE INVOICE. Advance payments will not be made. Remit name and address if different from above: -5 (Name©f Company Attn: Address City, State, Zip Phone: Fax: Email; **k* END OF SECTION IV k°* BIDM 13104030 33 Emergency Equipmem for Law Enforcement Vehicles i I SECTION V: RESPONSIVEIRESPONSIBLE DETERMINATION 1. Responsiveness Conditions »Timely submission of the bid BSO will not accept Bids delivered after the established deadline.If the Bid is delivered after the established deadline, the bidder shall be deemed non-responsive to the Solicitation requirements (refer to SECTION II - GENERAL CONDITIONS). 2. Res onsible Conditions -Responsibility Documentation Each bid shall be reviewed for responsibility in accordance with the following conditions. 2.1 References 'Client Reference' forms are attached as Section V, Tab A for completion by the Bidder of three (3) references. Bidders will include in these forms three (3) separate and verifiable projects similar to the current solicited work. Bidders may choose to list government agencies as references if they have performed similar services.fast projects referenced in the Client Reference forms shall have been completed within the last three(3)years from the current Bid submission date. if tire 'Client Reference' forms attached to Section V, Tab A are not utilized, the Bidder shall provide identical information requested by the Sheriff Office for evaluation purposes. Mote Regarding References: Bidders shall riot list as references any subcontractors proposed for this Solicitation Bidders shall not list parent or subsidiary companies Bidders shall verify contact name,contact status of employment,and contact phone number,prior to filling out reference Client Reference Forms. Scoring Process for References. BSO will contact the Bidders references in accordance with the'Instructions'portion of the Sample Reference Questionnaire(attached to Client Reference Form Section V,Tab B of the Solicitation). Upon completion of the calls, BSO will total lire points and average the scores for the references to normalize the scoring results. The total number of points received from the reference calls made for Bidders required to provide 3 references shall be divided by to determine the final averaged score.Respondents with a final averaged score of'5'or less shall be deemed non-responsible by BSO. 2.2 Corporate Profile Bidders are to submit a Corporate Profile to include but not limiting to; 2,2.7 An overview of business operations, locations, management,corporate governance, supply chain relationships,means and methods,and project management strategy. 2,22 Copies of business licenses, corporate registration, and/or proof of dealershipldistributorship relationship. 2.2.3 E=mployee development programs, key personnel, qualifications of the individuat(s)who will perform the work,including experience in similar work,curriculum vitae,relevant college, graduate or professional courses,and/or certifications.Also include contact information of the management staff that will be associated with BSO account if awarded a contract. 2.3 Debarments Submit any'nformation on any debarments from doing business with a Governmental Agency that have occurred within the last three years. 2.4 Pending Litigation Submit inforrmation on any pending litigation and any judgments and settlements of court cases that'lave occurred within the last three years. fill)91,1104030 34 Envercgency Equipment€or Latin Enforcement V6iides SECTION V•TAB A CLIENT REFERENCE FORMS Emergency Equipment for Law Enforcement Vehicles Invitation to Bid#13104030 Three(3) client references must be provided for similar projects performed by the Bidder. In all cases,references must be for separate and verifiable projects similar to the current solicited work. Should services provided in any reference differs from bid specifications,please delineate such differences.Past projects must have been completed within the last three years from bid submission date. Respondents are expected to provide Information on each project by including these forms in their Response. If these forms are not utilized, the Respondent must provide identical information to the Sheriff Office for purposes of making a determination of responsibility as described in Section V, Responsive/Responsible above. Note: Don o t include as references, subcontractors or parendsubsidiary companies in your Response. A. Bidder Client#1 Name: S Z- Cyr Address: (2- Contact Person: a °� Phone Number (� Email Address: te, Project Performance Period: �p� to Dates should be in nim/yy format Location of Project: l LA val Approximate Fee for Services: Brief Description of the services performed for this project: lilt)H 13R11030 35 Emog3ency Equipme))t for Law Enforcement Vehicles B. Bidder-Client#2 Name;_ t ` a711 !/D C) Address: Contact Person: �Oi� 41 l#P t! - --- Phone Nuvaber e&y Email Address: �Ct.S C�° � , 1Y1 1 r i!Y�cs r 1 • J.S Project Performance Period: O to GUS/t� Bates should be in mmlyy format Location of Project: Cj w Approximate Fee for Services. ��.! j Brief Description of the services performed for this project: 1.11 DO 13104430 3 C Emergency Equipment for Law Enforcer€;en€Vehicles C. Bidder-Client#3 Y Marne; Address: ItContact Persons � Plane Number Project Performance Period: tom/r'c° ` t `- Dates should be in nrmiyy format Email Address: C' �� r•C-., -) C� i % her► , C'/' C°✓` v Location of project: j Approximate Fee for Services: Wyk Brief Description of the services performed for this project: L� fitr>#13iA�U_3d 3 1 Emergency Equipment for Law Enforcement Vehicles Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract Broward Sheriff (10) Resale � Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Contract Term: Effective Date Comments and Notes: Police vehicle lights for $86,820. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 9, 2015 SUBJECT: AGENDA ITEM 9.I.-REGULAR COMMISSION MEETING OF APRIL 21,2015 RETROACTIVE APPROVAL OF SPECIALIZED WATER TREATMENT PLANT SPENDING GREATER THAN$25,000.00 AND ADVANCED AUTHORIZATION OF FUTURE SPENDING LIMIT BACKGROUND Southland Controls, Inc. and Water Treatment and Controls Co. are the only authorized dealer representatives qualified to work on the Siemens Water Technologies and Wallace and Tiernan equipment at the City's water treatment plant. As such, Code Section 36.02(C)(6)(a) Sole Source permits the City to contract for goods and services without using the Sealed Competitive Method or the Written Quotations Method. One of the three motions being requested is for the Commission to affirm the sole source status of these two venders. Spending with both vendors is comprised of multiple small(i.e., most under$ 5,000, all under$ 10,000) and unpredictable expenditures related to parts and repairs of equipment. Some purchases are for maintenance; but most are for unexpected repairs. Many of the incidents required spending for equipment diagnosis after a failure. The equipment must be kept operational for health and safety reasons. Fiscal Year 2014 and year-to-date 2015 spending is indicated below: 2014 Amount Transactions 2015 Amount Transactions Southland Controls, Inc. $16,585.07 16 $38,746.02 8 Water Treatment and Controls Co. $2,064.12 4 0 0 FY 2015 year to date spending with Southland totals $ 38,746, which is a violation of Code Section 36.03(B), Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year. The second of the three motions being requested is for the Commission retroactively to approve this spending to date. Staff anticipates the total fiscal year 2015 acquisitions with Southland Controls, Inc. and Water Treatment and Controls Co. combined will not exceed $65,000. The third of the three motions being requested is for the Commission in advance to approve this additional spending, if it is required, to insure compliance with Code Section 36.03.(B). DISCUSSION • Consider affirmation that Southland Controls, Inc. and Water Treatment and Controls Co. meet the requirements of Code Section 36.02(C)(6)(a) Sole Source. • Consider approval retroactively of FY 2015 acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. in the amount of $38,746.02. • Consider advance FY 2015 acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. and Water Treatment and Controls Co. so that total fiscal year spending will not exceed $65,000. By approving the recommended motions, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval; and smaller acquisitions will be approved at the City Manager and departmental levels, all under Code Section 36.02(C)(6)(a) Sole Source. By approving the recommended motions, the Commission is recognizing that multiple small and unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code of Ordinances, Chapter 36, Section 36.03(B), Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year. TIMING OF THE REOUEST The approval of these items is of high importance. Ensuring the proper operation of specialty equipment at the Water Treatment Plant is critical in the production of finished water. FUNDING SOURCE Funding is available from the approved FY 2015 operating budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission affirms that Southland Controls, Inc. and Water Treatment and Controls Co. meet the requirements of Code Section 36.02(C)(6)(a) Sole Source. Approve by majority vote the following motion: That the City Commission approves retroactively FY 2015 acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. in the amount of$38,746.02, and further finds that such acquisitions are in compliance with code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year, provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $ 25,000 or above. Approve by majority vote the following motion: That the City Commission approves in advance FY 2015 acquisitions of repairs and maintenance to specialty equipment at the City's water treatment plant from Southland Controls, Inc. and Water Treatment and Controls Co. so that total fiscal year spending will not exceed $65,000, and further finds that such acquisitions are in compliance with code section 36.03(B) Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year, provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $ 25,000 or above. Southland Controls, Inc. P 0 BOX 1169, Palm City FL 34991 P 706-781-5910 F 772-678-6298 cu rtis @south Iandcontrols.ws City of Delray Beach Utilities 2015 service and travel rates. Service $100.00 per hour Travel Time $ 75.00 per hour portal to portal. Southland Controls Services. Southland Controls is your Dealer Rep for the following Companies in the state of Florida. PSG Pump Solutions Group, (Neptune Pumps) Municipalities and Agricultural Divisions only. Aqua Smart, Inc. ( Manufacturer of SeaQuest, NFS Certified Drinking Water Corrosion Control Sequesterant) Siemens Water Technologies. Lime Slakers, Direct Feed Ammonia Systems. Chlorinators Incorporated (Regal Gas Chlorinators) Chemical Injection Technologies. (Superior Gas Chlorinators) BioSafe Systems. (Chemical Feed System Services and Installation for Food Safety and Agricultural Divisions) Curtis Onsager, Southland Controls, Inc ':541 EM ENS August 1, 2013 John Bullard City of Delray Beach 100 NW 1 st Avenue Delray Beach, >=L 33444 Email:bullardj@mydelraybeach.com Dear Sir, This letter is to advise that Water Treatment and Controls located in Pensacola F1 is the Exclusive Authorized Distributor for Siemens Water Technologies 1 Wallace and Tiernan Parts and Products for the states of Florida, Georgia and Alabama Water Treatment and Controls is located at: 9900A North Palafox Street Pensacola Fl 32534 Please contact me at 215 443 7609 if you have any questions. Sincerely, Jim McIntyre Jim McIntyre Siemens Industry, Inc Water Technologies/Disinfection Products Technical Sales Manager Office: 215 443 7609 Fax: 215 443 7912 James.McIntyre@Siemens.com Siemens.com Siemens Industry Inc. Wallace&Tiernan Produals Telephone: (856)507-9000 1901 West Garden Road Fax: (856)507-4079 Vineland, NJ 06360-1530 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: April 6, 2015 SUBJECT: AGENDA ITEM 9.J.-REGULAR COMMISSION MEETING OF APRIL 21,2015 RETROACTIVE APPROVAL OF AGREEMENT/COMMUNITY CHILD CARE CENTER OF DELRAY BEACH/OUT-OF-SCHOOL PROGRAMS AT VILLAGE ACADEMY AND PINE GROVE ELEMENTARY SCHOOL BACKGROUND This item is for the approval of two tripartite agreements to support out-of-school services (one at Village Academy and one at Pine Grove Elementary) and two funding agreements (one for each of the above-referenced tripartite agreements). In all, there are four matters currently before the City Commission. Since 2007, the City of Delray Beach, the Community Child Care Center of Delray Beach, Inc., d/b/a Achievement Centers for Children and Families ("ACCF"), and the School Board of Palm Beach County, Florida ("School Board") have entered into various tripartite agreements to support out-of- school programming to benefit low-income families at Village Academy. The agreements have provided for shared use of facilities, funding obligations, and the programming and services to be provided by ACCF. The prior tripartite agreements have expired, thus the parties have negotiated the terms of a new agreement, entitled Agreement between the School Board of Palm Beach County, Florida, the City of Delray Beach, Florida, and Community Child Care Center of Delray Beach, Inc. for Funding and Operation of Out-of-School Services Programs at Village Academy ("Village Academy Tripartite Agreement"). The intent of the parties in drafting the Village Academy Tripartite Agreement was for the City to provide ACCF with $52,000 in the form of a Parks and Recreation Grant. It should be noted that this amount is in addition to a separate Community Development Block Grant in the amount of $56,744 to ACCF which was approved by the City Commission at its February 24, 2015 Regular Meeting. The Village Academy Tripartite Agreement has a retroactive effective date of January 1, 2015 and terminates on July 31, 2015, to coincide with the academic calendar. Given the strength of ACCF to facilitate out-of-school programming, which has documented academic outcomes, the parties negotiated a separate agreement to support out-of-school programming at Pine Grove Elementary, entitled Agreement between the School Board of Palm Beach County, Florida, the City of Delray Beach, Florida, and Community Child Care Center of Delray Beach, Inc. for Funding and Operation of Out-of-School Services Programs at Pine Grove Elementary ("Pine Grove Tripartite Agreement"). The intent of the parties in drafting the Pine Grove Tripartite Agreement was for the City to fund ACCF as follows: $10,000 to be allocated through the Community Improvement budget, and $5,000 worth of in-kind services. The Pine Grove Tripartite Agreement has a retroactive effective date of January 1, 2015 and terminates on July 31, 2015, to coincide with the academic calendar. In December 2014, the School Board was the first of the three parties to officially consider and approve the Village Academy Tripartite Agreement and the Pine Grove Tripartite Agreement. However, for reasons unknown to Staff, before approval by the School Board, the funding provisions in each contract were edited to remove the City's funding obligations as referenced for each contract above. In working with both the School Board and ACCF to resolve the issue, it was agreed by all parties that the simplest way to rectify the situation would be to present the School Board-approved Village Academy Tripartite Agreement and Pine Grove Tripartite Agreement to the City Commission and to prepare separate funding agreements between the City and ACCF, so that no amended agreement had to be placed on the School Board Agenda. Accordingly, the following agreements are currently before the City Commission for review and approval: (1) Village Academy Tripartite Agreement; (2) Grant Agreement between the City of Delray Beach and Community Child Care Center of Delray Beach, Inc. for Out-of-School Services Programs at Village Academy, by which the City will provide a one-time Parks and Recreation Grant to ACCF in the amount of$52,000 which will be paid within 30 days of the date of execution of the agreement; (3) Pine Grove Tripartite Agreement; and (4) Funding Agreement between the City of Delray Beach and Community Child Care Center of Delray Beach, Inc. for Out-of-School Services Programs at Pine Grove Elementary, by which the City will provide funding to ACCF an amount not to exceed $10,000 within 30 days of receipt of an invoice from ACCF for services rendered, and an additional $5,000 worth of in-kind services within the sole discretion of the City. DISCUSSION Consideration to approve Agreements between the City of Delray Beach and Community Child Care Center of Delray Beach, Inc. for funding and operating the Out-Of-School Services Programs at Village Academy and Pine Grove Elementary Schools and approve the associated Grant/Funding Agreements for the financial obligations. OPERATING COST There are no operating costs associated with this action. TIMING OF THE REQUEST The timing of this request is sensitive given the need to retroactively approve the agreements and for ACCF to be able to secure their funding from the City to operate their programs. FUNDING SOURCE 001-2711-524-48.10 $10,000 Community Improvement 001-4111-572-83.01 $52,000 Parks and Recreation RECOMMENDATION By Motion: 1. Approve the Agreement between the City of Delray Beach and Community Child Care Center of Delray Beach, Inc., for Funding and Operation of Out-of-School Services Programs at Village Academy. 2. Approve the Grant Agreement between the City of Delray Beach and the Community Child Care Center of Delray Beach, Inc., for Out-of-School Services Programs at Village Academy. 3. Approve the Agreement between the City of Delray Beach and Community Child Care Center of Delray Beach, Inc., for Funding and Operation of Out-of-School Services Programs at Pine Grove Elementary. Approve the Funding Agreement between the City of Delray Beach and the Community Child Care Center of Delray Beach, Inc., for Out-of-School Services Programs at Pine Grove Elementary. AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THE CITY OF DELRAY BEACH, FLORIDA, AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR FUNDING AND OPERATION OF OUT-OF-SCHOOL SERVICES PROGRAMS AT PINE GROVE ELEMENTARY THIS AGREEMENT is made and entered into this 17th day of December, 2014, by and between COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not-for-profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES (hereinafter referred to as "Achievement Centers for Children & Families") and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WITNESSETH: WHEREAS, School Board owns and operates Pine Grove Elementary School currently located at 400 S.W. 10th St., Delray Beach, FL 33444 (the "School"); and WHEREAS, the parties desire to enter into this Agreement to provide for funding of and shared use of the facilities for out-of-school services programs ("Out-of-School Service Programs") at the School in order to make the most efficient use of community resources by enabling cooperation between School Board, the City, and Achievement Centers for Children & Families in order to harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the parties support collaborative initiatives between the School Board, the City and Achievement Centers for Children & Families to provide additional developmental, social, and cultural opportunities for children; and WHEREAS, the School Board, the City and Achievement Centers for Children & Families recognize the benefits to be derived from the use of Board facilities by Achievement Centers for Children & Families which has a "partnership" role with the School; and WHEREAS, the School Board, the City and Achievement Centers for Children & Families desire that this Agreement set forth the basic framework under which Achievement Centers for Children & Families may utilize Board facilities; and WHEREAS, the School Board, the City, and Achievement Centers for Children & Families recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to provide for the funding of and shared use of the facilities for Out-of-School Services Programs at the School. Section 1.03 Definitions. The defined terms as used in this Agreement shall have the following meanings: A. "Board Facilities" and/or "Board Facility" shall mean (name of school) Elementary School located at 400 S.W. 10th Street, Delray Beach, FL, 33444, which is owned and/or operated by the School Board that are made available for public use by the School Board and/are used primarily for the delivery of recreational, educational and community based activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" and/or "Board Facility" shall include, but shall not be limited to: classrooms, the cafeteria, athletic fields, playgrounds, or any other space mutually agreed upon between Achievement Centers for Children & Families and the School principal. B. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a Board Facility. 1 . School Board activities and programs or School Board Facility lease agreements; 2. County activities and programs pursuant to a Mutual Use Interlocal Agreement between the Board and Palm Beach County; 3. Municipal activities and programs pursuant to a Mutual Use Interlocal Agreement between the School Board and the municipality in which the School is located; and 4. Out-of-School Services Programs, conducted by Achievement Centers for Children & Families pursuant to this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any Board Facilities. C. "Out-of-School Service Programs" shall mean the afterschool care and summer camp programs as more particularly described in Exhibit "A" attached hereto and made a part hereof. 2 ARTICLE 2: FUNDING Section 2.01 Achievement Centers for Children & Families shall provide funding for the Out-of-School Service Programs for such expenses including, but not limited to: a certified teacher, books, arts and crafts, or other appropriate expenses necessary to operate the Out-of-School Service Programs. The School Board, the City and Achievement Centers for Children & Families shall be authorized to seek grants, funding gifts, and other funds in order to fund the Out-of-School Services Programs from sources other than the funding provided by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. There shall be no requirement for additional funding or continued funding after the dates designated for the Out-of-School Service Programs. Section 2.02 Achievement Centers for Children & Families shall provide funding for the operation of the Out-of-School Services Programs each year as follows: A. Funding costs include in-kind services of donated staff time and other resources made available by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. B. Achievement Centers for Children & Families will additionally pay Fifteen Thousand Dollars ($15,000) annually to the School, quarterly payments in advance, beginning January 1, 2015, for support of the school and programs impacted by the presence of Achievement Centers for Children & Families at the School. Payments shall be made monthly, in advance, and paid directly to the School not later that the first day of each month. Section 2.03 The City shall pay ACCF the above-referenced funds, as they become available and are approved by the City Commission each year. ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject to School Board Policy and Florida Statutes and Department of Education rules. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board Facilities/Program. A. The School Board agrees to make Board Facilities available for use, including, Achievement Centers for Children & Families for the Out-of-School Services Programs as set forth herein: 1 . During the school year: Five (5) days a week, Monday — Friday after school hours until 7 p.m. for extended day after school care offered to VPK— 5t" grade as more particularly described in Exhibit "A". 3 2. During the summer: Five (5) days a week, Monday — Friday for a total of ten (10) hours a day, from 7:30 a.m. until 5:30 p.m. for the weeks between the end of the school year in June and the beginning of the school year in August for summer camp, as more particularly described in Exhibit "A". 3. The Board Facilities will be available for the Out-of-School Service Programs on early release, teacher planning days, Spring Break and President's Day. The Board Facilities will be closed and not available for the Out-of-School Services Programs on all other school holidays, for the entire Winter Break (traditionally beginning on the Saturday prior to Christmas and extending through the Sunday following New Year's), and during the summer for the July 4 holiday. 4. Requests by Achievement Centers for Children & Families for use of the Board Facilities for special events outside the times/dates set forth herein may be permitted in the discretion of the School Principal with the prior written approval of the Board's Chief of Support Operations. The Board Facilities shall be made available to Achievement Centers for Children & Families according to the Priority of Use at no cost or expense to Achievement Centers for Children & Families except as provided for in this Agreement. ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' use of Board Facilities shall be subject to and in accordance with: 1 . The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. All applicable local, state, and federal laws. C. The School Principal shall work collaboratively with the Achievement Centers for Children & Families regarding approved curriculum and programming to be provided by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. The School Principal shall have final approval authority and responsibility for his/her campus and shall coordinate scheduling the use of the designated Board Facility with the Achievement Centers for Children & Families CEO. The Out-Of-School Services Program requested by the Achievement Centers for Children & Families shall be consistent with the goals and mission of the School Board and with goals and standards aligned to high quality afterschool programs in Palm Beach County. D. The manufacture, distribution, dispensation, possession, consumption or use of alcohol, tobacco products of any kind (including electronic cigarettes or any kind) or controlled substances on School Board-owned property is strictly prohibited and violation of this provision shall be a material breach of this Agreement. Section 4.02 Manner of Use; Cleanup. Achievement Centers for Children & Families agrees to utilize the Board Facilities in the manner, and to the extent and degree intended for the particular Board Facility and 4 further agrees to leave the Board Facility in a clean and orderly condition upon leaving the Board Facility each day. Section 4.03 Vandalism or Other Damage to Board Facilities When in Use Pursuant to this Agreement. Achievement Centers for Children & Families agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during the periods the Board's Facilities are used by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board Facilities in an expeditious and timely manner and submit an itemized invoice to Achievement Centers for Children & Families for damages incurred during the ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' use of the Board Facilities. All invoices for damage repairs shall be paid by Achievement Centers for Children & Families within sixty (60) days of receipt of the invoice for the damages. ARTICLE 5: CUSTODIAL SERVICES/MAINTENANCE Section 5.01 School Board shall be responsible for custodial and security services for the duration of all "Out of School Programming" at all Board Facilities, with such services to be performed by Board or Board's designee. Section 5.02 The parties acknowledge and agree that School Board may close Board Facilities in order to perform maintenance or repairs to the Board Facility as necessary with as much notice as practicable to ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. Section 5.03 Achievement Centers for Children & Families will provide the School in-kind support, including but not limited to, custodial, security services and or other necessary supplies. ARTICLE 6: ACCESS AND SITE SECURITY Achievement Centers for Children & Families will be responsible for securing Board Facilities after each use. ARTICLE 7: LIABILITY/INSURANCE Section 7.01 Achievement Centers for Children & Families shall, in addition to any other obligation to indemnify the School Board and the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board and the City, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses, (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of or claimed to have resulted in whole or in part from any actual or alleged act or omission of ACHIEVEMENT CENTERS FOR CHILDREN & 5 FAMILIES, or anyone directly or indirectly employed by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES, or of anyone for whose acts Achievement Centers for Children & Families may be liable; or violation of law, statute, ordinance, governmental administration order, rule or regulation. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for Achievement Centers for Children & Families under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board to enforce this Agreement shall be borne by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. Achievement Centers for Children & Families recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board and City in support of this indemnification in accordance with the laws of the State of Florida. Achievement Centers for Children & Families acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of a School Board employee acting within the scope of the employee's office or employment. School Board agrees to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of its employees. The parties acknowledge that the foregoing shall not constitute an agreement by the School Board or City to indemnify the Achievement Centers for Children & Families nor a waiver of sovereign immunity, nor a waiver of any defense the School Board or City may have under such statute, nor as consent to be sued by third parties. This article will survive the termination of this Agreement. Section 7.02 Achievement Centers for Children & Families shall carry the following insurance coverages as stated below. The School Board shall be named as an additional insured. Achievement Centers for Children & Families shall provide the Certificates(s) of Insurance for required coverage within seven days of the date of request by the Benefits & Risk Management Department but in any respect at least 30 days prior to the commencement of any Term. Such Certificates shall provide written notice to the School Board and Achievement Centers for Children & Families thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds for termination of this Agreement. In no event shall the limits of said insurance policies be considered as limiting the liability of ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES, its contractors and subcontractors under this Agreement. A. Workers' Compensation - insurance coverage in accordance to and in compliance with Chapter 440, Florida Statutes. Employers' Liability — insurance coverage with limits as follows: a) $ 500,000 Bodily Injury by Accident for each accident b) $ 500,000 Bodily Injury by Disease, policy limit 6 c) $ 500,000 Bodily Injury by Disease, each employee Achievement Centers for Children & Families waives all rights against the School Board and its agents, officers, directors and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation and Employers' Liability Insurance. B. Business Automobile liability shall be required with limits of at least; One Million Dollars ($1 ,000,000.00) per occurrence for both bodily injury and property damage Combined Single Limit for owned, hired and non-owned automobiles, with the School Board of Palm Beach County as the additional insured on the policy. Business auto coverage shall be written on the most recent form of ISO form CA 00 01 or a substitute providing equivalent liability coverage. Achievement Centers for Children & Families waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto insurance maintained. C. Commercial General Liability Insurance - Achievement Centers for Children & Families shall purchase and maintain commercial general liability (CGL) insurance including contractual liability and products and completed operations insurance and shall be written on the most recent form of CG 00 01. The School Board must be named as an additional insured under the CGL using ISO Additional Insured Endorsement CG 20 10 and CG 20 37 or their equivalent, providing additional insured coverage for both premises/operations and completed operations. This insurance including insurance provided under a commercial umbrella, if any, shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to or maintained by the School Board. Coverage shall be for bodily and personal injury and property damages. Limits of liability shall be set at One Million Dollars ($1 ,000,000.00) per occurrence. CGL insurance shall contain a general aggregate limit. Achievement Centers for Children & Families waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the CGL insurance maintained. D. Professional Liability Insurance — Achievement Centers for Children & Families shall procure and maintain Professional Liability Insurance for the life of this contract, plus two years after completion. This insurance shall provide coverage against such liability resulting from this contract. The minimum limits of coverage shall be $1,000,000 with a deductible not to exceed $10,000. The deductible shall be the responsibility of ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. E. Participant Accident Coverage - Achievement Centers for Children & Families shall procure and maintain during the Term of this Agreement Participant 7 Accident Coverage in the minimum amount of $25,000 per participant in the Out-of- School Service Program. ARTICLE 8: DISPUTE RESOLUTION Section 8.01 In the event an issue arises which cannot be resolved between the parties regarding the use or availability of a Board Facility or the implementation, supervision, or conduct of the Out-Of-School Services Program, the dispute shall be referred to the School Board's Superintendent, and the CEO of Achievement Centers for Children & Families or their respective designees, who shall all make a good faith effort to resolve the dispute. ARTICLE 9: RELOCATION OF PROGRAMS AND SERVICES The School Board reserves the right to remove or relocate the Out-of-School Service Programs to another site, if convenient, in the reasonable discretion of the School Board. ARTICLE 10: LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the Board Facilities or the delivery of services or programs by the Achievement Centers for Children & Families shall only amount to a license to use the Board Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either Achievement Centers for Children & Families any title, interest, or estate in the Board Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Article 11 above. 8 ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants and/or gifts. ARTICLE 14: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to School Board: Chief of Support Operations School Board of Palm Beach County 3300 Forest Hill Blvd., B-302 West Palm Beach, FL 33406 With Copies to: Joe Peccia, Jr., Principal Pine Grove Elementary 400 S.W. 10th Street Delray Beach, FL 33444 Area Superintendent Ian Saltzman 1712 NE 2nd Avenue Delray Beach, FL 33444 Director of Afterschool Programming JoAnne C. Beckner 4260 Westgate Ave., P-8 West Palm Beach, FL 33409 If to City: Don Cooper, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 If to ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES: Stephanie Siebel, Chief Executive Officer 9 555 NW 4th Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identify or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement, including but not limited to that certain Tripartite and Interlocal Agreement Between The School Board of Palm Beach County, Florida, The City of Delray Beach and The Achievement Centers For Children And Families For The Funding of and Operation of Out-of-School Services Programs at Pine Grove Elementary dated May 29, 2014. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 10 ARTICLE 21: AMENDMENT Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22: WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. ARTICLE 23: CONSTRUCTION No single party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. ARTICLE 25: EFFECTIVE DATE/TERM This Agreement shall become effective when signed by each of the parties, approved the School Board and Achievement Centers for Children & Families and filed with the Board Secretary for the School District of Palm Beach County. The term of this Agreement shall be for a period beginning January 1, 2015 and ending on July 31 , 2015. This Agreement may be renewed and extended for additional periods of time by agreement of the parties. ARTICLE 26: ACCEPTANCE OF FACILITIES The School Board shall not be required to make any improvements or repairs to the Board Facilities as a condition of use of the Board Facilities by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. Achievement Centers for Children & Families shall accept the Board Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that neither School Board has made any warranties or representations to the other parties regarding the Board Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Board Facilities for use by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. 11 ARTICLE 27: BACKGROUND SCREENING REQUIREMENTS All Achievement Centers for Children & Families employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students, or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. Achievement Centers for Children & Families shall insure that all Achievement Centers for Children & Families employees submit to a background check, including fingerprinting by the School Board's Police Department, at the sole cost of ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. No Achievement Centers for Children & Families employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of any Achievement Centers for Children & Families employee (or discontinuation of the Achievement Centers for Children & Families employee's services) on the basis of these compliance obligations. Achievement Centers for Children & Families agrees that no Achievement Centers for Children & Families employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. ARTICLE 28: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. ARTICLE 29: INSPECTOR GENERAL Achievement Centers for Children & Families agrees and understands that the School District's Office of Inspector General ("Inspector General") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by the Achievement Centers for Children & Families with regard to the Agreement. ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance to the Inspector General in locating assets and obtaining records 12 and documents as needed for investigation or audit relating to the Agreement. Furthermore, Achievement Centers for Children & Families understands, acknowledges and agrees to abide by School Board Policy 1 .092. ARTICLE 30: PUBLIC RECORDS Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. Pursuant to §119.0701, F.S., the Achievement Centers for Children & Families shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (e) If Achievement Centers for Children & Families does not comply with this section, the School Board shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. ARTICLE 31: WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. ARTICLE 32: FORCE MAJEURE No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil 13 commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. ARTICLE 33: LIENS The School Board's interest in the Board Facilities shall not be subject to liens arising from ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' use of the Board Facilities, or exercise of the rights granted hereunder. Achievement Centers for Children & Families shall promptly cause any lien imposed against the Board Facilities relating to any matter related to this Agreement to be discharged or transferred to bond. ARTICLE 34: SURVIVAL Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. ARTICLE 35: ASSIGNMENT Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by Achievement Centers for Children & Families without the prior written consent of the School Board. There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments. ARTICLE 36: AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. SIGNATURES ON FOLLOWING PAGE. 14 Pine Grove Elementary School By: Joe Peccia, Jr., Principal By- Area 1 Superintendent ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA E. Wayne Gent By: Superintendent Chuck Shaw, Chairman Approved as4o Form and Legal S Ufficiency: _/ I School Board Attorney ATTEST: COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. dlb{a ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES, a Florida not-for-profit corporation By: Print Name: Stephanie Siebel Chief Executive Officer Title: ATTEST: CITY OF DELRAY BEACH By: Print Name: Don Cooper City Manager, City of Delray Beach Title: 15 EXHIBIT "A" COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. d/b/a Achievement Centers for Children & Families (hereinafter "ACCF" will provide "Out-of-School Services Programs" to students at Pine Grove Elementary school year round. "Out-of-School Services Programs" include, but are not limited to, the following services and activities: 1. Afterschool care following school dismissal until 7 PM 2. Summer Camp beginning after the end of the school year in June and operating throughout the summer until August, from 7:30 AM to 5:30 PM, Monday through Friday 3. Expanded Learning Opportunities programming, provided when available through Prime Time, Palm Beach County, and other collaborative partners 4. Homework assistance and targeted academic support 5. Educational enhancement programs including curricula such as `Journeys' and character development programs such as `Character Counts' 6. Daily healthy snacks and meals 7. A variety of clubs based on student interests such as: art, dance, music, sports, and drum line 8. A variety of field trips of interest, particularly in the summer, including: educational experiences, activities to enhance socialization, leadership opportunities, community connectedness, and fun engagement opportunities 9. For the families in the ACCF program, a full range of assessments, referrals, and linkages to services will be provided through a Family Strengthening Program. These adjunct services will be provided through collaborative grant opportunities 10. Parent workshops on a variety of topics including: financial literacy, parenting classes, health & wellness, nutrition classes, and other special activities that promote family bonding will be provided through partnerships with local businesses such as Health Bellies, Jim Moran Foundation, and banking institutions A variety of Special Events will be organized and supported by ACCF in partnership to provide services and activities for children, parents, and the community. Special Events include such activities as: 1. Open houses 2. Holiday pageants and participation in local parades 3. PBC Lights On Afterschool Event 4. Black History Month Pageant 5. Spring Break Activities 6. Health Fair 7. Teen Summit 8. Field Day and Picnics 9. Read-a-Book, Build-a-Sundae 10. Dance group/drum line/choir performances at various venues in the community 16 FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR OUT-OF-SCHOOL SERVICES PROGRAMS AT PINE GROVE ELEMENTARY THIS AGREEMENT is made on this day of , 2015, by and between the CITY OF DELRAY BEACH ("City"), and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not-for-profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ("Achievement Centers"). WITNESSETH : WHEREAS, contemporaneous with this Funding Agreement, the City has entered into an agreement ("tripartite agreement") between the School Board of Palm Beach County, Florida, the City, and the Achievement Centers to provide for the funding of and shared use of Pine Grove Elementary for out-of-school services programs at the schools; and WHEREAS, Article 2 of the tripartite agreement addresses funding for the services and suggests that the City shall provide funds for the Achievement Centers, though such funds are not specifically enumerated in the agreements; and WHEREAS, the City and the Achievement Centers wish to enter this separate agreement to address the funding agreement between the parties; and WHEREAS, the School Board of Palm Beach County, Florida has advised that it does not object to parties entering this Agreement.. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Funding. The City shall provide funding to the Achievement Centers as follows solely for the operation of the out-of-school programs more specifically addressed in the Agreement between the School Board of Palm Beach County, Florida, the City of Delray Beach, Florida, and Community Child Care Center of Delray Beach, Inc. for Funding and Operation of Out-of-School Services Programs at Pine Grove Elementary (attached hereto as Exhibit A): the City shall provide funding to the Achievement Centers not to exceed the amount of Ten Thousand Dollars ($10,000.00),which funds shall be paid by the City to the Achievement Centers upon completion of the above-referenced out-of-school programs and within thirty (30) days of receipt by the City from the Achievement Centers of an invoice regarding the above-referenced out-of-school programs. Notwithstanding the foregoing, the City shall provide an additional Five Thousand Dollars ($5,000.00) worth of in-kind services of donated staff time and other resources made available by the City at a time and in a manner within the sole discretion of the City. Notwithstanding anything in Section 2.03 of Exhibit A to the contrary, the Achievement Centers acknowledges that the aforementioned funding shall be in full satisfaction of any and all funding obligations of the City as provided in Exhibit A. 3. Term. This Funding Agreement shall terminate at 11:59 PM on July 31,2015. 4. Financial Report. At least thirty (30) days prior to termination of this Funding Agreement, the Achievement Centers shall submit to the City a full financial report regarding its out-of-school programs as provided in Exhibit A. 5. Entire Agreement. This Funding Agreement constitutes the entire agreement between the parties and shall supersede all prior oral and written agreements as to the funding by the City to the Achievement Centers for the operation of out-of-school programs as provided in Exhibit A. 6. Modification. This Funding Agreement may be amended or modified by written addendum or amendment signed by the parties. 2 7. Assignment. This Funding Agreement may not be assigned without the express written consent of the parties. 8. Indemnification. The Achievement Centers, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, the Achievement Centers, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Grant Agreement including,without limitation, any and all claims,losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action, or demand, the Achievement Centers shall,upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Grant Agreement. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 9. Inspector General. The Achievement Centers is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from the Achievement Centers and its subcontractors and lower tier subcontractors. The Achievement Centers understands and agrees that in addition to all other remedies and consequences provided by 3 law, the failure of the Achievement Centers or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Grant Agreement justifying its termination. 10. Public Records. The Achievement Centers shall comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, the Achievement Centers agrees to: A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Achievement Centers at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Achievement Centers. E. If the Achievement Centers does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4 11. Force Majeure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. IN WITNESS WHEREOF, the parties hereto have entered into this Grant Agreement as of the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein,Mayor Approved as to Form: City Attorney (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 5 COMMUNITY CHILD CARE CENTER OF DELRAY BEACH,INC. d/b/a ACHIEVEMENT CENTER FOR CHILDREN &FAMILIES, a Florida not- for-profit corporation. WITNESSES: By: (print or type name) (print name and title) (print or type name) (SEAT,) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015 by (name of officer or agent, title of officer or agent) of Community Child Care Center of Delray Beach, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of Florida 6 AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THE CITY OF DELRAY BEACH, FLORIDA, AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR FUNDING AND OPERATION OF OUT-OF-SCHOOL SERVICES PROGRAMS AT VILLAGE ACADEMY THIS AGREEMENT is made and entered into this 17th day of December, 2014, by and between COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not-for-profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES (hereinafter referred to as "Achievement Centers for Children & Families") and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WITNESSETH: WHEREAS, School Board owns and operates Village Academy School currently located at 400 S.W. 10th St., Delray Beach, FL 33444 (the "School"); and WHEREAS, the parties desire to enter into this Agreement to provide for funding of and shared use of the facilities for out-of-school services programs ("Out-of-School Service Programs") at the School in order to make the most efficient use of community resources by enabling cooperation between School Board, the City, and Achievement Centers for Children & Families in order to harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the parties support collaborative initiatives between the School Board, the City and Achievement Centers for Children & Families to provide additional developmental, social, and cultural opportunities for children; and WHEREAS, the School Board, the City and Achievement Centers for Children & Families recognize the benefits to be derived from the use of Board facilities by Achievement Centers for Children & Families which has a "partnership" role with the School; and WHEREAS, the School Board, the City and Achievement Centers for Children & Families desire that this Agreement set forth the basic framework under which Achievement Centers for Children & Families may utilize Board facilities; and WHEREAS, the School Board, the City, and Achievement Centers for Children & Families recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to provide for the funding of and shared use of the facilities for Out-of-School Services Programs at the School. Section 1.03 Definitions. The defined terms as used in this Agreement shall have the following meanings: A. "Board Facilities" and/or "Board Facility" shall mean Village Academy School located at 400 SW 12th Ave., Delray Beach, FL 33444, which is owned and/or operated by the School Board that are made available for public use by the School Board and/are used primarily for the delivery of recreational, educational and community based activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" and/or "Board Facility" shall include, but shall not be limited to: classrooms, the cafeteria, athletic fields, playgrounds, or any other space mutually agreed upon between Achievement Centers for Children & Families and the School principal. B. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a Board Facility. 1 . School Board activities and programs or School Board Facility lease agreements; 2. County activities and programs pursuant to a Mutual Use Interlocal Agreement between the Board and Palm Beach County; 3. Municipal activities and programs pursuant to a Mutual Use Interlocal Agreement between the School Board and the municipality in which the School is located; and 4. Out-of-School Services Programs, conducted by Achievement Centers for Children & Families pursuant to this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any Board Facilities. C. "Out-of-School Service Programs" shall mean the afterschool care and summer camp programs as more particularly described in Exhibit "A" attached hereto and made a part hereof. 2 ARTICLE 2: FUNDING Section 2.01 Achievement Centers for Children & Families shall provide funding for the Out-of-School Service Programs for such expenses including, but not limited to: a certified teacher, books, arts and crafts, or other appropriate expenses necessary to operate the Out-of-School Service Programs. The School Board, the City and Achievement Centers for Children & Families shall be authorized to seek grants, funding gifts, and other funds in order to fund the Out-of-School Services Programs from sources other than the funding provided by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. There shall be no requirement for additional funding or continued funding after the dates designated for the Out-of-School Service Programs. Section 2.02 Achievement Centers for Children & Families shall provide funding for the operation of the Out-of-School Services Programs each year as follows: A. Funding costs include in-kind services of donated staff time and other resources made available by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. B. Achievement Centers for Children & Families will additionally pay Fifteen Thousand Dollars ($15,000) annually to the School, quarterly payments in advance, beginning January 1, 2015, for support of the school and programs impacted by the presence of Achievement Centers for Children & Families at the School. Payments shall be made monthly, in advance, and paid directly to the School not later that the first day of each month. Section 2.03 The City shall pay ACCF the above-referenced funds, as they become available and are approved by the City Commission each year. ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject to School Board Policy and Florida Statutes and Department of Education rules. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board Facilities/Program. A. The School Board agrees to make Board Facilities available for use, including, Achievement Centers for Children & Families for the Out-of-School Services Programs as set forth herein: 1 . During the school year: Five (5) days a week, Monday — Friday after school hours until 7 p.m. for extended day after school care offered to VPK— 5t" grade as more particularly described in Exhibit "A". 3 2. During the summer: Five (5) days a week, Monday — Friday for a total of ten (10) hours a day, from 7:30 a.m. until 5:30 p.m. for the weeks between the end of the school year in June and the beginning of the school year in August for summer camp, as more particularly described in Exhibit "A". 3. The Board Facilities will be available for the Out-of-School Service Programs on early release, teacher planning days, Spring Break and President's Day. The Board Facilities will be closed and not available for the Out-of-School Services Programs on all other school holidays, for the entire Winter Break (traditionally beginning on the Saturday prior to Christmas and extending through the Sunday following New Year's), and during the summer for the July 4 holiday. 4. Requests by Achievement Centers for Children & Families for use of the Board Facilities for special events outside the times/dates set forth herein may be permitted in the discretion of the School Principal with the prior written approval of the Board's Chief of Support Operations. The Board Facilities shall be made available to Achievement Centers for Children & Families according to the Priority of Use at no cost or expense to Achievement Centers for Children & Families except as provided for in this Agreement. ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' use of Board Facilities shall be subject to and in accordance with: 1 . The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. All applicable local, state, and federal laws. C. The School Principal shall work collaboratively with the Achievement Centers for Children & Families regarding approved curriculum and programming to be provided by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. The School Principal shall have final approval authority and responsibility for his/her campus and shall coordinate scheduling the use of the designated Board Facility with the Achievement Centers for Children & Families CEO. The Out-Of-School Services Program requested by the Achievement Centers for Children & Families shall be consistent with the goals and mission of the School Board and with goals and standards aligned to high quality afterschool programs in Palm Beach County. D. The manufacture, distribution, dispensation, possession, consumption or use of alcohol, tobacco products of any kind (including electronic cigarettes or any kind) or controlled substances on School Board-owned property is strictly prohibited and violation of this provision shall be a material breach of this Agreement. Section 4.02 Manner of Use; Cleanup. Achievement Centers for Children & Families agrees to utilize the Board Facilities in the manner, and to the extent and degree intended for the particular Board Facility and 4 further agrees to leave the Board Facility in a clean and orderly condition upon leaving the Board Facility each day. Section 4.03 Vandalism or Other Damage to Board Facilities When in Use Pursuant to this Agreement. Achievement Centers for Children & Families agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during the periods the Board's Facilities are used by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board Facilities in an expeditious and timely manner and submit an itemized invoice to Achievement Centers for Children & Families for damages incurred during the ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' use of the Board Facilities. All invoices for damage repairs shall be paid by Achievement Centers for Children & Families within sixty (60) days of receipt of the invoice for the damages. ARTICLE 5: CUSTODIAL SERVICES/MAINTENANCE Section 5.01 School Board shall be responsible for custodial and security services for the duration of all "Out of School Programming" at all Board Facilities, with such services to be performed by Board or Board's designee. Section 5.02 The parties acknowledge and agree that School Board may close Board Facilities in order to perform maintenance or repairs to the Board Facility as necessary with as much notice as practicable to ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. Section 5.03 Achievement Centers for Children & Families will provide the School in-kind support, including but not limited to, custodial, security services and or other necessary supplies. ARTICLE 6: ACCESS AND SITE SECURITY Achievement Centers for Children & Families will be responsible for securing Board Facilities after each use. ARTICLE 7: LIABILITY/INSURANCE Section 7.01 Achievement Centers for Children & Families shall, in addition to any other obligation to indemnify the School Board and the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board and the City, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses, (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of or claimed to have resulted in whole or in part from any actual or alleged act or omission of ACHIEVEMENT CENTERS FOR CHILDREN & 5 FAMILIES, or anyone directly or indirectly employed by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES, or of anyone for whose acts Achievement Centers for Children & Families may be liable; or violation of law, statute, ordinance, governmental administration order, rule or regulation. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for Achievement Centers for Children & Families under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board to enforce this Agreement shall be borne by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. Achievement Centers for Children & Families recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board and City in support of this indemnification in accordance with the laws of the State of Florida. Achievement Centers for Children & Families acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of a School Board employee acting within the scope of the employee's office or employment. School Board agrees to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of its employees. The parties acknowledge that the foregoing shall not constitute an agreement by the School Board or City to indemnify the Achievement Centers for Children & Families nor a waiver of sovereign immunity, nor a waiver of any defense the School Board or City may have under such statute, nor as consent to be sued by third parties. This article will survive the termination of this Agreement. Section 7.02 Achievement Centers for Children & Families shall carry the following insurance coverages as stated below. The School Board shall be named as an additional insured. Achievement Centers for Children & Families shall provide the Certificates(s) of Insurance for required coverage within seven days of the date of request by the Benefits & Risk Management Department but in any respect at least 30 days prior to the commencement of any Term. Such Certificates shall provide written notice to the School Board and Achievement Centers for Children & Families thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds for termination of this Agreement. In no event shall the limits of said insurance policies be considered as limiting the liability of ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES, its contractors and subcontractors under this Agreement. A. Workers' Compensation - insurance coverage in accordance to and in compliance with Chapter 440, Florida Statutes. Employers' Liability — insurance coverage with limits as follows: a) $ 500,000 Bodily Injury by Accident for each accident b) $ 500,000 Bodily Injury by Disease, policy limit 6 c) $ 500,000 Bodily Injury by Disease, each employee Achievement Centers for Children & Families waives all rights against the School Board and its agents, officers, directors and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation and Employers' Liability Insurance. B. Business Automobile liability shall be required with limits of at least; One Million Dollars ($1 ,000,000.00) per occurrence for both bodily injury and property damage Combined Single Limit for owned, hired and non-owned automobiles, with the School Board of Palm Beach County as the additional insured on the policy. Business auto coverage shall be written on the most recent form of ISO form CA 00 01 or a substitute providing equivalent liability coverage. Achievement Centers for Children & Families waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto insurance maintained. C. Commercial General Liability Insurance - Achievement Centers for Children & Families shall purchase and maintain commercial general liability (CGL) insurance including contractual liability and products and completed operations insurance and shall be written on the most recent form of CG 00 01. The School Board must be named as an additional insured under the CGL using ISO Additional Insured Endorsement CG 20 10 and CG 20 37 or their equivalent, providing additional insured coverage for both premises/operations and completed operations. This insurance including insurance provided under a commercial umbrella, if any, shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to or maintained by the School Board. Coverage shall be for bodily and personal injury and property damages. Limits of liability shall be set at One Million Dollars ($1 ,000,000.00) per occurrence. CGL insurance shall contain a general aggregate limit. Achievement Centers for Children & Families waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the CGL insurance maintained. D. Professional Liability Insurance — Achievement Centers for Children & Families shall procure and maintain Professional Liability Insurance for the life of this contract, plus two years after completion. This insurance shall provide coverage against such liability resulting from this contract. The minimum limits of coverage shall be $1,000,000 with a deductible not to exceed $10,000. The deductible shall be the responsibility of ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. E. Participant Accident Coverage - Achievement Centers for Children & Families shall procure and maintain during the Term of this Agreement Participant 7 Accident Coverage in the minimum amount of $25,000 per participant in the Out-of- School Service Program. ARTICLE 8: DISPUTE RESOLUTION Section 8.01 In the event an issue arises which cannot be resolved between the parties regarding the use or availability of a Board Facility or the implementation, supervision, or conduct of the Out-Of-School Services Program, the dispute shall be referred to the School Board's Superintendent, and the CEO of Achievement Centers for Children & Families or their respective designees, who shall all make a good faith effort to resolve the dispute. ARTICLE 9: RELOCATION OF PROGRAMS AND SERVICES The School Board reserves the right to remove or relocate the Out-of-School Service Programs to another site, if convenient, in the reasonable discretion of the School Board. ARTICLE 10: LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the Board Facilities or the delivery of services or programs by the Achievement Centers for Children & Families shall only amount to a license to use the Board Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either Achievement Centers for Children & Families any title, interest, or estate in the Board Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Article 11 above. 8 ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants and/or gifts. ARTICLE 14: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to School Board: Chief of Support Operations School Board of Palm Beach County 3300 Forest Hill Blvd., B-302 West Palm Beach, FL 33406 With Copies to: Guarn Sims, Principal Village Academy 400 S.W. 10th Street Delray Beach, FL 33444 Area Superintendent Ian Saltzman 1712 NE 2nd Avenue Delray Beach, FL 33444 Director of Afterschool Programming JoAnne C. Beckner 4260 Westgate Ave., P-8 West Palm Beach, FL 33409 If to City: Don Cooper, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 If to ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES: Stephanie Siebel, Chief Executive Officer 9 555 NW 4th Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identify or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement, including but not limited to that certain Tripartite and Interlocal Agreement Between The School Board of Palm Beach County, Florida, The City of Delray Beach and The Achievement Centers For Children And Families For The Funding of and Operation of Out-of-School Services Programs at The Village Academy dated February 16, 2011. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 10 ARTICLE 21: AMENDMENT Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22: WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. ARTICLE 23: CONSTRUCTION No single party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. ARTICLE 25: EFFECTIVE DATE/TERM This Agreement shall become effective when signed by each of the parties, approved the School Board and Achievement Centers for Children & Families and filed with the Board Secretary for the School District of Palm Beach County. The term of this Agreement shall be for a period beginning January 1, 2015 and ending on July 31 , 2015. This Agreement may be renewed and extended for additional periods of time by agreement of the parties. ARTICLE 26: ACCEPTANCE OF FACILITIES The School Board shall not be required to make any improvements or repairs to the Board Facilities as a condition of use of the Board Facilities by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. Achievement Centers for Children & Families shall accept the Board Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that neither School Board has made any warranties or representations to the other parties regarding the Board Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Board Facilities for use by ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. 11 ARTICLE 27: BACKGROUND SCREENING REQUIREMENTS All Achievement Centers for Children & Families employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students, or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. Achievement Centers for Children & Families shall insure that all Achievement Centers for Children & Families employees submit to a background check, including fingerprinting by the School Board's Police Department, at the sole cost of ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES. No Achievement Centers for Children & Families employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of any Achievement Centers for Children & Families employee (or discontinuation of the Achievement Centers for Children & Families employee's services) on the basis of these compliance obligations. Achievement Centers for Children & Families agrees that no Achievement Centers for Children & Families employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. ARTICLE 28: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. ARTICLE 29: INSPECTOR GENERAL Achievement Centers for Children & Families agrees and understands that the School District's Office of Inspector General ("Inspector General") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by the Achievement Centers for Children & Families with regard to the Agreement. ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance to the Inspector General in locating assets and obtaining records 12 and documents as needed for investigation or audit relating to the Agreement. Furthermore, Achievement Centers for Children & Families understands, acknowledges and agrees to abide by School Board Policy 1 .092. ARTICLE 30: PUBLIC RECORDS Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. Pursuant to §119.0701, F.S., the Achievement Centers for Children & Families shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (e) If Achievement Centers for Children & Families does not comply with this section, the School Board shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. ARTICLE 31: WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. ARTICLE 32: FORCE MAJEURE No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil 13 commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. ARTICLE 33: LIENS The School Board's interest in the Board Facilities shall not be subject to liens arising from ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES' use of the Board Facilities, or exercise of the rights granted hereunder. Achievement Centers for Children & Families shall promptly cause any lien imposed against the Board Facilities relating to any matter related to this Agreement to be discharged or transferred to bond. ARTICLE 34: SURVIVAL Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. ARTICLE 35: ASSIGNMENT Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by Achievement Centers for Children & Families without the prior written consent of the School Board. There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments. ARTICLE 36: AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. Village Academy By: Principal By: Area 1 Superintendent ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA E. Wayne Gent By: Superintendent Chuck Shaw, Chairman Approved as to Form and Legal qUff iciency: School Board Attorney ATTEST: COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. dlblal ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES, a Florida not-for-profit corporation By: Print Name: Stephanie Siebel Chief Executive Officer Title: ATTEST: CITY OF DELRAY BEACH By: Print Name: Don Cooper City Manager, City of Delray Beach Title: 15 EXHIBIT "A" COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. d/b/a Achievement Centers for Children & Families (hereinafter "ACCF" will provide "Out-of-School Services Programs" to students at Village Academy and Village Academy school year round. "Out-of-School Services Programs" include, but are not limited to, the following services and activities: 1. Afterschool care following school dismissal until 7 PM 2. Summer Camp beginning after the end of the school year in June and operating throughout the summer until August, from 7:30 AM to 5:30 PM, Monday through Friday 3. Expanded Learning Opportunities programming, provided when available through Prime Time, Palm Beach County, and other collaborative partners 4. Homework assistance and targeted academic support 5. Educational enhancement programs including curricula such as `Journeys' and character development programs such as `Character Counts' 6. Daily healthy snacks and meals 7. A variety of clubs based on student interests such as: art, dance, music, sports, and drum line 8. A variety of field trips of interest, particularly in the summer, including: educational experiences, activities to enhance socialization, leadership opportunities, community connectedness, and fun engagement opportunities 9. For the families in the ACCF program, a full range of assessments, referrals, and linkages to services will be provided through a Family Strengthening Program. These adjunct services will be provided through collaborative grant opportunities 10. Parent workshops on a variety of topics including: financial literacy, parenting classes, health & wellness, nutrition classes, and other special activities that promote family bonding will be provided through partnerships with local businesses such as Health Bellies, Jim Moran Foundation, and banking institutions A variety of Special Events will be organized and supported by ACCF in partnership to provide services and activities for children, parents, and the community. Special Events include such activities as: 1. Open houses 2. Holiday pageants and participation in local parades 3. PBC Lights On Afterschool Event 4. Black History Month Pageant 5. Spring Break Activities 6. Health Fair 7. Teen Summit 8. Field Day and Picnics 9. Read-a-Book, Build-a-Sundae 10. Dance group/drum line/choir performances at various venues in the community 16 GRANT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR OUT-OF-SCHOOL SERVICES PROGRAMS AT VILLAGE ACADEMY THIS AGREEMENT is made on this day of , 2015, by and between the CITY OF DELRAY BEACH ("City"), and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not-for-profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ("Achievement Centers"). WITNESSETH : WHEREAS, contemporaneous with this Grant Agreement, the City has entered into an agreement ("tripartite agreement") between the School Board of Palm Beach County, Florida, the City, and the Achievement Centers to provide for the funding of and shared use of Village Academy for out-of-school services programs at the schools; and WHEREAS, Article 2 of the tripartite agreement addresses funding for the services and suggests that the City shall provide funds for the Achievement Centers, though such funds are not specifically enumerated in the agreements; and WHEREAS, the City and the Achievement Centers wish to enter this separate agreement to address the funding agreement between the parties; and WHEREAS, the School Board of Palm Beach County, Florida has advised that it does not object to parties entering this Agreement.. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Grant Award. The City shall provide Fifty-Two Thousand Dollars ($52,000.00) in the form of a one-time Parks and Recreation Grant to the Achievement Centers solely for the operation of the out-of-school programs more specifically addressed in the Agreement between the School Board of Palm Beach County, Florida, the City of Delray Beach, Florida, and Community Child Care Center of Delray Beach, Inc. for Funding and Operation of Out-of-School Services Programs at Village Academy (attached hereto as Exhibit A). The above-referenced funding shall be provided by the City to the Achievement Centers within thirty (30) days of the date of execution of this Agreement. Notwithstanding anything in Section 2.03 of Exhibit A to the contrary, the Achievement Centers acknowledges that the aforementioned grant award shall be in full satisfaction of any and all funding obligations of the City as provided in Exhibit A. 3. Term. This Grant Agreement shall terminate at 11:59 PM July 31,2015. 4. Financial Report. At least thirty (30) days prior to termination of this Grant Agreement, the Achievement Centers shall submit to the City a full financial report regarding its out-of-school programs as provided in Exhibit A. 5. Entire Agreement. This Grant Agreement constitutes the entire agreement between the parties and shall supersede all prior oral and written agreements as to the funding by the City to the Achievement Centers for the operation of out-of-school programs as provided in Exhibit A. 6. Modification. This Grant Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assignment. This Grant Agreement may not be assigned without the express written consent of the parties. 8. Indemnification. The Achievement Centers, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims,losses, liabilities and expenditures of any kind, 2 including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, the Achievement Centers, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Grant Agreement including,without limitation, any and all claims,losses,liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action, or demand, the Achievement Centers shall,upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Grant Agreement. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 9. Inspector General. The Achievement Centers is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from the Achievement Centers and its subcontractors and lower tier subcontractors. The Achievement Centers understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Achievement Centers or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Grant Agreement justifying its termination. 10. Public Records. The Achievement Centers shall comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, the Achievement Centers agrees to: 3 A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Achievement Centers at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Achievement Centers. E. If the Achievement Centers does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 11. Force Majeure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 4 IN WITNESS WHEREOF, the parties hereto have entered into this Grant Agreement as of the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein,Mayor Approved as to Form: City Attorney COMMUNITY CHILD CARE CENTER OF DELRAY BEACH,INC. d/b/a ACHIEVEMENT CENTER FOR CHILDREN &FAMILIES, a Florida not- for-profit corporation. WITNESSES: By: (print or type name) (print name and title) (print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015 by (name of officer or agent, title of officer or agent) of Community Child Care Center of Delray Beach, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of Florida 5 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Ferline Mesidort,Neighborhood Services Administrator Michael Coleman, Interim Director of Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: April 13, 2015 SUBJECT: AGENDA ITEM 9.K.-REGULAR COMMISSION MEETING OF APRIL 21,2015 WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF DELRAY BEACH,CDS DELRAY REDEVELOPMENT,LLC,CDR ATLANTIC PLAZA,LTD,AND CDS FREECORE LLC FOR ATLANTIC CROSSING BACKGROUND In January 2014 City Commission approved private appeals of the Site Plan Review and Appearance Board (SPRAB) action on the Class V site plan for Atlantic Crossing. CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD, and CDS FREECORE LLC (collectively referred to as "Developer) of the Atlantic Crossing project had requested the City enter into the attached Workforce Housing Covenant, pursuant to Section 4.7.4 of the LDR's that grants to the developer certain density bonus units beyond the base number allowed per the existing Zoning Ordinance after performance standards have been met. In addition, the ordinance requires a minimum of 20% workforce units, consisting of low to moderate-income households at rental rates which do not exceed a certain percentage of the Department of Housing and Urban Development-determined fair market rent for the area. Per the site plan, the developer agreed that it shall be required to provide a total of twenty-five (25) units: seven (7) units for the increase in height and eighteen (18) for the increase in density. Of the twenty-five; seven (7) shall be two (2) bedroom and twelve (12) one bedroom apartments. The developer has since elected to make a payment of$960,000 to the Delray Beach Housing Trust Fund in lieu of providing the workforce housing units within the development. Payment of funds will be due at first vertical building issuance, pursuant to Section 4.7.2 b. The agreement further provides for rules governing the rights of the City of review and to enforce compliance with all provisions of the covenant. FINANCIAL DEPARTMENT REVIEW No funding approval associated with this request. DISCUSSION Consideration to approve the Workforce Housing Covenant between the City of Delray Beach and CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD, and CDS FREECORE LLC., pursuant to the requirements under Section 4.7 of the Land Development Regulations. OPERATING COST No operating costs are associated with this request. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Motion to approve the Workforce Housing Covenant, as proposed between the City and CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD, and CDS FREECORE LLC. ATLANTIC CROSSING Prepared by and Return to: Noel M.Pfeffer,Esquire,City Attorney City of Delray Beach,Florida 200 NW I't Avenue Delray Beach,FL 33444 WORKFORCE HOUSING COVENANT THIS WORKFORCE HOUSING COVENANT (the"Covenant")is entered into as of the day of , 2015, by the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (referred to herein as "City"), and CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD, and CDS FREECORE LLC (collectively, the "Owners"), and EDWARDS CDS, LLC (Owners and Edwards CDS, LLC are collectively referred to as "Developer," which term shall include any successor to any Developer as owner of the entire Development). RECITALS A. City has implemented Affordability Controls as set forth in Article 4.7 of the Delray Beach Land Development Regulations ("Regulations" or "LDR") by establishing a Family/Work Force Housing Program for the City (hereinafter referred to as the "Affordable Housing Program"). Article 4.7 of the Regulations grants to Developer certain density bonus Units (additional market rate units) beyond the base number allowed per existing Regulations, after performance standards have been met. Furthermore, Article 4.7 of the Regulations grants to Developer additional height beyond the 48 feet allowed per existing Regulations after the height requirements of Section 43.4(J)(4)(b)have been met. B. Developer was required to be part of the Affordable Housing Program with respect to that certain real property which is owned by the Developer and is located in the Central Business District — Commercial Core zoning district in Delray Beach, Florida, and more particularly described in Exhibit "A" which is attached hereto and incorporated by reference herein (the "Real Property"). Developer has agreed to provide Units and a monetary contribution which comply with the Affordable Housing Program within the residential development project to be constructed on the Real Property as more specifically set forth in this Covenant. C. Pursuant to the City's Affordable Housing Program, LDR Section 4.4.13(I)(1), residential development in the Central Business District — Commercial Core zoning district above thirty (30) dwelling units per acre must include a minimum of Twenty Percent (20%) of the residential units above thirty (30) dwelling units per acre as Workforce Housing Units divided between Low Income Households to Moderate Income Households, at rental rates which do not exceed a certain percentage of the Florida Housing Finance Corporation rent limits for the area. Furthermore, pursuant to LDR Section 4.7.2(b), developments constructed pursuant to LDR Section 4.3.4(J)(4)(b) must ATLANTIC CROSSING provide Workforce Housing Units equal to at least Twenty Percent (20%) of the residential units on the top floor to qualify for an increase in height. Developer may meet both of these requirements by providing Workforce Housing Units within the development onsite, offsite, or through monetary contributions. For each required Workforce Housing Unit, Developer may make a payment in the amount of $160,000, payable to the City of Delray Beach Housing Trust Fund in lieu of providing the Workforce Housing Unit within the development. Payment in full to the City of Delray Beach Housing Trust Fund shall be made simultaneous or prior to the issuance of the first vertical building permit of any "For Sale" Unit. D. Accordingly, based on the prior approval by City of a height increase to 60 feet and 33 dwelling units on the top floor, the Developer has agreed, as part of the Development, that it shall be required to provide seven (7) Workforce Housing Units for the height increase. Furthermore, based on the prior approval by City of eighty-six (86) dwelling units over thirty (30) dwelling units per acre, the Developer has agreed, as part of the Development, that it shall be required to provide eighteen (18) Workforce Housing Units for the increase in density. The required Workforce Housing Units will be constructed within the Development as required by the Regulations as follows: Seven (7) two (2) bedroom apartments, twelve (12) one (1) bedroom apartments. In addition, Developer has agreed that it shall be required to make a total payment of$960,000 to the City of Delray Beach Housing Trust Fund in lieu of providing six (6) Workforce Housing Units. Payment shall be made to the City of Delray Beach Housing Trust Fund as required by Section C above. E. Pursuant to Article 4.7 of the Regulations, the Developer has agreed to enter into this Covenant to provide for Units within the Development which meet the Affordable Housing Program and which Covenant is to be recorded against the Real Property in the Public Records of Palm Beach County, Florida. F. This Covenant shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable Units as provided herein. NOW, THEREFORE, City and Developer hereby agree as follows: I. DEFINITIONS The following terms not otherwise defined herein shall have the meanings set forth below for purposes of this Covenant, and if a term is defined in the Regulations, the Regulations shall control: I.I. Adiusted Median Income (A.M.I.) — The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Corporation. 1.2. Affordability Controls Restrictions placed on Units by which the rent of such Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to those households which qualify as Low Income Households to Moderate Income Households. 1.3. City — The City of Delray Beach, Florida. ATLANTIC CROSSING 1.4. CRA— The Delray Beach Community Redevelopment Agency 1.5. Development — The housing development at the Real Property for which approvals of height and density bonus Units have been granted by the City to the Developer. 1.6. Eligible Occupant — A Household who is income eligible to rent a Workforce Housing Unit. Priority will be given to persons who have lived or worked within the municipal limits of the City continually for the one (1) year period immediately prior to the date of application for a Workforce Housing Unit within the Development by an Eligible Occupant. 1.7. Exempt Transfer—A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate from a Transfer of the entire Development. 1.8. First Time Home Buyer — A person who has not held ownership in a residence within the past three (3)years. 1.9. HUD - The United States Department of Housing and Urban Development. 1.10. Household — A single person living alone, or two (2) or more persons sharing residency,with a combined income available to cover household expenses. 1.11. Low Income Household(s) — A Household with a gross, combined income between 61% and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach—Boca Raton HMFA (Palm Beach) area. 1.12. Moderate Income Household(s)— A Household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach—Boca Raton HMFA (Palm Beach) area. 1.13. Purchase Price or Sales Price -All consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining financing, the fair market value of furnishings or personal property, lender fees, title insurance fees, closing costs, inspection fees, or other normal and customary costs related to the purchase of property but not paid directly to the seller. 1.14. Transfer -Any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee's sale, deed in lieu of foreclosure, or otherwise) of any interest in a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for an affordable housing Unit lease as permitted by this Covenant), or any interest evidenced by a land contract by which possession of such Unit is transferred while the existing Unit Owner retains title. ATLANTIC CROSSING 1.15. Unit - A single family, condominium, townhouse, or apartment dwelling located in the Development. 1.16. Unit Owner -The record title owner at any time of a Unit. 1.17. Workforce Housing Unit or Workforce Unit — A Unit for which the rent or mortgage payment (including principal, interest, taxes and insurance ("P.I.T.I.")) does not exceed 35% of the gross income of households that classify as a Low Income Household or as a Moderate Income Household and meets the other requirements of the Affordable Housing Program. IL RENTAL OF UNITS 2.1. The Development shall be subject to this Covenant, and each lessee shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient, interval or timeshare rental or ownership. 2.3. As more specifically set forth in this Covenant, at all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of 20% Workforce Units to be reserved for occupancy by Eligible Occupants. However, the Developer shall be under no obligation to rent a Unit to any particular Eligible Occupant and may use its standard underwriting criteria to qualify all Eligible Occupants. 2.3.1. Workforce Housing Units targeted to Low Income Households at 61% to the 80% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed the 120% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for West Palm Beach—Boca Raton HMFA (Palm Beach) area. 2.3.2. Workforce Housing Units targeted to Moderate Income Households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed the 140% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for West Palm Beach — Boca Raton HMFA (Palm Beach) area. 2.3.3. No Workforce Housing Units shall be offered for rent to the general public until all requirements of this Covenant are met. 2.3.4 No efficiency or studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Unit types in the same proportion as the market rate housing Unit types within the Development. The following conditions must be met: ATLANTIC CROSSING 2.4.1. The proportion of one (1) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1) bedroom market rate Units to total market rate Units. 2.4.2. The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroom market rate Units to total market rate Units. 2.4.3 If the Development contains a mix of different types of Units, (e.g. condominium, townhouse, detached, etc.), the proportion of Workforce Units of each type to total Workforce Units must be approximately the same as the proportion of market rate Units of each type to total market rate Units. 2.4.3. If the development includes both "For Sale" and "For Rent" Units, the proportion of "For Rent" Workforce Units to "For Sale" Workforce Units must not exceed the proportion of "For Rent" market rate Units to "For Sale" market rate Units; provided however if the Workforce Housing Units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the Development provides at least twenty percent (20%) the Units in the Development above the thirty (30) dwelling units per acre of the "For Sale" Units as Workforce Housing Units. 2.4.4. The total number of Units in the Project, including both Workforce Units and market rate Units, are based on the certified site plan for the Development. 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the unlikely event that, notwithstanding the marketing efforts of Developer, the total number of occupied Workforce Housing Unit(s) does not equal 100% of the Workforce Units required for the Development and, as to Workforce Units which have remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non-eligible occupants at market rents: provided that the Developer shall pay to the Delray Beach Housing Trust Fund (DBHTF) at the end of each calendar year any rents actually received from the non- eligible occupants of the Workforce Housing Units for that year in excess of the rents that would have been received from Eligible Occupants for such Workforce Housing Units based on workforce rents at the time of signing the lease ("Excess Rental Payments"). Excess Rental Payments shall accrue only for periods in which the required 100% is not satisfied. No later than 20 days following the end of the month, the Developer shall provide the DBHTF with a monthly statement highlighting those units which require Excess Rental Payments. No later than 30 days following the end of the year, the Developer shall provide the DBHTF with an annual statement. The Workforce Housing Units rented to non-eligible occupants will be considered a Workforce Housing Unit. If less than 100% of the total number of Workforce Housing Units required for the Development are occupied with Eligible Occupants, then each subsequent vacant unit shall be marketed to Workforce Housing eligible applicants pursuant to an approved marketing and advertising plan until all required Workforce Housing Units are rented to Eligible Occupants. ATLANTIC CROSSING III. FUTURE SALE OF WORKFORCE HOUSING UNITS 3.1. Should Units be offered for sale in the future in accordance with Florida Condominium Law, only deeds of those Units to be sold as Workforce Housing Units shall include reference to this Covenant. All sales contracts shall state that the Workforce Housing Unit is part of the Affordable Housing Program and subject to this Covenant. All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt Transfer) shall provide that the Delray Beach Community Land Trust, Inc., a Florida not- for-profit corporation ("DBCLT") shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospective buyer. Developer and/or the owner of the Workforce Housing Unit shall notify the DBCLT and the City in writing within five (5) days after the Developer's or the Unit Owner's acceptance of a contract for sale and purchase (except for an Exempt Transfer) and shall include in the notice a true and correct copy of the contract. The DBCLT shall have fifteen (15) business days after receipt of the Developer/Unit Owner's written notice and contract to deliver written notice to Developer/Unit Owner of the DBCLT's exercise of its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall close the transaction within thirty (30) business days after its election to exercise its right of first refusal. In the event the DBCLT is not then in existence or no longer qualifies to act on behalf of the City, then the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer) shall qualify as a Low Income Household or a Moderate Income Household and must be a First Time Home Buyer. 3.3. Owners of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to the City, City may in its discretion, excuse compliance with this requirement. 3.4. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of closing.No charges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which are in addition to or more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City, the CRA, or their respective designee. 3.4.1. The maximum sale price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City based upon a formula that considers the prevailing institutional lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall be offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant. 3.6. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. As more specifically set forth in this Covenant, at all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of ATLANTIC CROSSING twenty percent (20%) Workforce Units divided between Low Income Households to Moderate Income Households. 3.8. Not less than ten (10) calendar days prior to the closing on any Workforce Housing Unit sale or resale (except for an Exempt Transfer), the City shall be notified of the sale or resale of the Workforce Housing Unit and the City shall be provided with a true and correct copy of the proposed contract. Developer or owners of a Workforce Housing Unit, respectively, shall deliver written notice of the intent to sell (except for an Exempt Transfer) to the City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions contained in this Covenant. The information shall be provided to the City on City approved forms and shall be executed under oath by the proposed transferor or transferee, as applicable. The City shall have ten (10) business days after the receipt of the written notice to determine and notify the Developer and/or Unit Owner whether the proposed transfer is in compliance with the terms, conditions, and restrictions contained in this Covenant. If it is not, the proposed transfer shall not be made and any such transfer not in compliance with this Covenant shall be deemed null and void. If the City does not timely deliver written notice to Developer and/or Unit Owner that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall have the right to waive this notice requirement at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt Transfer) shall contain a clause which subjects the proposed transfer to the prior review of the City. IV. ADDITIONAL RESTRICTIONS 4.1. All Workforce Housing Units constructed or rehabilitated in the Development shall be situated within the Real Property so as not to be in less desirable locations than market rate Units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market rate Units. 4.2. Workforce Housing Units shall be integrated within the rest of the Development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them as standard features. All Workforce Housing Units shall contain comparable square footage to the corresponding market rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no lot premiums charged on the Workforce Housing Units which are not otherwise charged for equally situated market rate Units. 4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maintain the availability of Workforce Housing Units which are constructed within the Development, the following resale and/or rental conditions are imposed on the Workforce Housing Units and the same shall also be included in each deed: a. All Workforce Housing Units shall remain affordable for a period of no less and no more than forty (40) years from the ATLANTIC CROSSING date of recording of this Covenant in the Public Records of Palm Beach County, Florida. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to Eligible Occupants except as otherwise provided in Section 2.5. C. If the Units in the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City's consent. d. Workforce Housing Unit resales shall be limited to Households of the same category relative to income. e. The sales price of Workforce Housing Units may not exceed the upper limit of affordability for the income category to which the Unit was originally assigned. f Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this Covenant: i. Transfers by inheritance to the Unit Owner's surviving spouse, qualified domestic partner, or lineal descendants, or; ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; or iii. Acquisition of title or interest therein by an existing Unit Owner's spouse if it is in conjunction with marriage of the Unit Owner and his/her spouse, or by an existing Unit Owner's qualified domestic partner; or iv. Exempt Transfers. 4.6. No resale of a Workforce Housing Unit is permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may be sublet or assigned to a tenant(s) or purchaser(s) whose income exceeds the percent of AMI under which the Unit was originally approved, except as otherwise provided in Section 2.5. ATLANTIC CROSSING 4.8. Household income is determined by the cumulative income of all tenants or purchasers intended to occupy a single Unit. 4.9. The maximum permitted resale price of a Workforce Housing Unit may not exceed the initial sale price of the Workforce Housing Unit, subject to an increase at the same rate as the Palm Beach County median income has increased from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require a Household qualified to occupy a Workforce Unit to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purchaser(s) income respectively, later exceeds AMI, provided such Household initially qualified for such lease or purchase. 4.11. The forms of the lease, contract for sale (except for an Exempt Transfer), or deed for the rental or sale of a Workforce Housing Unit, respectively, shall be approved in advance for compliance with this Covenant by the City Attorney, which approval shall not be unreasonably withheld. 4.12. To ensure the Developer's compliance with the Affordability Controls and restrictions contained in this Covenant, not later than the tenth (10th) day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written report ("Report") to the City containing such information and documents as the City may require to verify that the Developer is in compliance with this Covenant. The Report shall be current as of the first day of the month in which the Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At a minimum, the Report shall contain the following information and documents with respect to each Workforce Housing Unit: 4.12.1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit's Eligible Occupant and member of the Household; b. Date lease term commenced; C. Date lease term terminates; d. Amount of monthly rent due under the lease; e. Household income; f. Unit address; g. Number of bedrooms and baths in each Unit; h. Household size; i. Whether Unit is occupied or vacant; and ATLANTIC CROSSING j. Total number of Workforce Housing Units presently leased; 4.12.2. With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale; b. Total number of Workforce Housing Units transferred by the Developer; C. Date of each sale closing; d. Household size; e. Name and address of all Eligible Occupants; f Number of bedrooms and baths in Unit; g. A copy of the recorded instrument which transferred the Unit; h. Unit address; and i. Qualifying Household income. 4.12.3. The Report shall be executed under oath by the Developer or its authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns all of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce Housing Unit or redesignate a Unit as a market rate rental Unit provided, at all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of twenty percent (20%) Workforce Units divided between Low Income Households to Moderate Income Households as more specifically set forth in this Covenant. 4.14. At any reasonable time and from time to time, after first providing the Developer, Workforce Housing Unit lessee or Workforce Housing Unit Owner with not less than twenty-four (24) hours advance written notice, except in the case of an emergency, when less advance notice may be given, the City may enter the Development for the purpose of conducting personal interviews of such Workforce Housing Unit lessee or such Workforce Housing Unit Owner and obtaining other information from such Workforce Housing Unit lessee or such Workforce Housing Unit Owner reasonably necessary to verify Developer's compliance with the City's Affordable Housing Program requirements. 4.15. Developer shall comply with all applicable Federal, State and local laws, rules, regulations and ordinances relating to the sale and rental of real property. ATLANTIC CROSSING 4.16. Developer shall promptly notify the City upon the occurrence of an Exempt Transfer. V. DURATION AND AMENDMENT 5.1. For both sale and rental of Workforce Housing Units, this Covenant shall remain in effect for forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. This Covenant shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce Housing Units occurs thirty-five (35) years after recording of this Covenant and demolition or destruction was unintentional, this Covenant with respect to the Unit in the structure shall terminate on demolition or destruction. 5.2. Covenant Running With Land. The terms of this Covenant constitute covenants running with the Real Property and each designated Workforce Housing Unit. This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit Owners, DBCLT, and the City, and any heirs, legal representatives, executors, successors and assignees thereof. The Workforce Housing Units shall be held, conveyed (including pursuant to an Exempt Transfer), hypothecated, encumbered, leased, rented and occupied subject to the covenants, restrictions and limitation set forth herein, which are intended to constitute both equitable servitudes and covenants running with the Real Property. Any lessee, buyer, or transferee of a Workforce Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of a contract to purchase the same, shall, by acceptance of such lease or deed or by the signing of such contract or agreement, be deemed to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein, whether or not there is any express reference to this Covenant in such lease, deed or contract. 5.3. Amendment. This Covenant may be amended at any time by a recorded document executed and acknowledged by the respective Unit Owner(s) (including Developer, should Developer hold a Unit for sale) and the City. An amendment may be effective as to some but not all of the Units, in which event it need only be approved by the Unit Owner(s) of the Unit(s) so affected. VL ENFORCEMENT 6.1. Right to Enforce. The City reserves, and Developer, all proposed lessees, buyers and the owners of Workforce Housing Units are deemed to have granted the City, the right to review and enforce compliance with all provisions of this Covenant, as further set forth in this Article VI. (a) In the event that the City has reasonable cause to believe that the Developer, lessee of a Workforce Housing Unit or owner of a Workforce Housing Unit is in default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Development at any reasonable time and from time to time, after first providing the Developer, such lessee or such Unit Owner with not less than ATLANTIC CROSSING twenty-four (24) hours advance written notice, except in the case of an emergency, when less advance notice may be given. (b) Except in the case of a default of this Covenant which constitutes an incurable default or involves the health, safety and welfare of owners of Workforce Housing Units in the Development, or in the case of an emergency (in which event no notice and opportunity to cure are required), the City shall give the Developer (if default is by the Developer), or the tenant or owner of a Workforce Housing Unit (if default is by the tenant or Unit Owner, respectively), fifteen (15) days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City within fifteen (15) days from the giving of such notice, or immediately when no notice and opportunity to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1(c)below. (c) The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in equity. The City's remedies shall include, by way of example and not limitation, the right to specific performance of this Covenant, the right to a mandatory injunction requiring the sale or lease of a Workforce Housing Unit in conformance with this Covenant, the right to cancel and declare void the sale, deed, contract or lease, the right to remove occupants, and damages and injunctive relief for breach of this Covenant. All of the remedies available to the City shall be cumulative, and the City's election to pursue any remedy shall not preclude the City for then or later pursuing any one or more other remedies. (d) In the event a party resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover its damages and costs, including expert witness fees from the party at fault. Developer shall not be liable for default that was due to misrepresentation or other wrongful act of an occupant. The party in default hereunder shall be responsible for the costs required to enforce the provisions of this Covenant. Venue for any action for breach of, or to enforce, this Covenant shall be in Palm Beach County, Florida. (e) In the event any Workforce Housing Unit is transferred or leased in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee or lessee. 6.2. Priority of Covenant. This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including without limitation, any institutional lender, and shall survive and not be extinguished by the foreclosure or deed- in-lieu of foreclosure regarding any such liens or encumbrances. This includes, but is not limited to, judgment liens, assessment liens, tax liens, construction liens and mortgage liens. VL NHSCELLANEOUS 7.1. No Third Party Beneficiaries. There are no intended third party beneficiaries of this Covenant, and no party other than the City shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant, except for the DBCLT ATLANTIC CROSSING which shall be an intended third party beneficiary of this Covenant with respect to its right of first refusal. 7.2. Notices. Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered prepaid U. S. Mail, return receipt requested, to the person's or entity's representative set forth below (as may be changed by notice from time to time) at the address set forth below: Notices to the City shall be sent to: City of Delray Beach 100 N.W. 1s'Avenue Delray Beach, Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N.W. ls'Avenue Delray Beach, Florida 33444 Notices to the Developer shall be sent to: CDS Delray Redevelopment,LLC, CDR Atlantic Plaza,Ltd. and CDS Freecore LLC c/o William H.Milmoe CDS International Holdings,Inc. 3299 North West 2nd Avenue Boca Raton,FL 33431 Edwards CDS,LLC 495 S.High St., Suite 150 Columbus,OH 43215 Attention: Dean Kissos Notices to the Delray Beach Community Land Trust, Inc. shall be sent to: Delray Beach Community Land Trust, Inc. 20 North Swinton Avenue Delray Beach, Florida 33444 Notices to a tenant or owner of a Workforce Housing Unit may be given in like manner addressed to the applicable Unit. Such notice shall be deemed given when hand delivered or when deposited,postage prepaid, in the United States mail. 15 ATLANTIC CROSSING 7.3. Severability. If any provision of this Covenant shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby, and the court may, but shall not be required to, fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings. The headings of the sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.5. Homestead Waiver. This Covenant is prior and superior to each owner of a Workforce Housing Unit's right to a homestead exemption. Each owner of a Workforce Housing Unit waives that owner's homestead rights to the fullest extent that they conflict or impair the City's rights and remedies under this Covenant. 7.6. No Guarantee. Nothing herein shall be construed or give rise to any implied representation, warranty or guarantee, and the City expressly disclaims, that any owner of a Workforce Housing Unit will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maximum rent for such Workforce Housing Unit. Such owner of a Workforce Housing Unit recognizes and accepts that his or her Unit may be less marketable than other Units in the Development and may not sell for as great a purchase price. 7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this Declaration: a. Even though the City has certain contractual obligations under this Covenant such obligations shall not relieve any person subject to this Covenant from complying with all applicable governmental regulations, rules, laws, and ordinances; b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights; C. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi-governmental functions. 16 ATLANTIC CROSSING 7.8 DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. 7.9 This Agreement constitutes the entire agreement between City and Developer. 7.10 Recordation. The parties acknowledge and agree that this Covenant shall be recorded in the Public Records of Palm Beach County, Florida, and shall be a covenant running with the Real Property. 7.11 Conflict. To the extent of any conflict between the terms of this Covenant and Section 4.7 of the City's Code of Ordinances in effect as of the date of the execution of this Covenant by the City, the Code of Ordinances shall control. 7.12 Venue. This Agreement shall be governed by the laws of the State of Florida. The venue for actions arising out of this Agreement shall be Palm Beach Florida. ATLANTIC CROSSING ATLANTIC CROSSING WITNESSES: DEVELOPER: EDWARDS CDS,LLC, Printed Name: a Delaware limited liability company By: Edwards Atlantic Avenue,LLC, an Ohio limited liability company Printed Name: By: Jeffrey W. Edwards,its Manager ACKNOWLEDGMENT STATE OF OHIO COUNTY OF FRANKLIN, SS The foregoing instrument was acknowledged before me this day of ,201 by Jeffrey W. Edwards,the Manager of EDWARDS CDS,LLC,a Delaware limited liability company, on behalf of the limited liability company. Signature My commission expires: 17 ATLANTIC CROSSING WITNESSES: OWNERS: CDS DELRAY REDEVELOPMENT,LLC, a Florida limited liability company Printed Name: By: CDS Group Holdings,LLC, a Florida limited liability company Printed Name: By: William H.Milmoe,President WITNESSES: CDR ATLANTIC PLAZA,LTD., a Florida limited partnership Printed Name: By: William H.Milmoe,President Printed Name: WITNESSES: CDS FREECORE LLC, a Florida limited liability company Printed Name: By: William H.Milmoe,President Printed Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ___ day of 2014,by William H. Milmoe,President of CDS Delray Redevelopment,LLC, CDR Atlantic Plaza,Ltd., and CDS Freecore LLC, who: (please check one) is (are)personally known to me OR has (have)produced as identification. My Commission Expires: Notary Public ATLANTIC CROSSING CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Cary Glickstein,Mayor Approved as to legal form and sufficiency: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of 2014,by Cary Glickstein,Mayor, City of Delray Beach,Florida who: (please check one) is (are)personally known to me OR has (have)produced as identification. My Commission Expires: Notary Public • � 1 • I 1 1 ' • 1 - a Iw■ 1 Phase 11 €[ I MEN - II �• III ITn Mll 0 1 E. ' �� ::: �.,.. 1:■ iiiiiriir► �y I ■ - i 0 i 00 L ■ 1 I nEll 1 r�.y`^ ii' inui'. �■■■■ ■.1■Vmr�...�r III t i Lim II 'I■� I inM:. 71 - rl �Ililill •1 iil � n . � is yl� . " ''� _L f wr1 :J In �� ,. ws f .. �1� III i ru■1� . O----I-. . •k�a....sr.c.,,c..z.t - 'u .'cu...ri ���.o - e ■ww.nwn r MEMORANDUM r TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman,Chief of Police THROUGH: Delray Beach Police Department DATE: April 8,2015 SUBJECT: AGENDA ITEM 9.L.-REGULAR COMMISSION MEETING OF APRIL 21,2015 DISCUSSION OF THE POLICE ADVISORY BOARD BACKGROUND This item is before the Commission to discuss the history and future direction of the Police Advisory Board. The Police Advisory Board was created after the fatal shooting of a young man by an officer of the Delray Beach Police Department when the young man was driving his vehicle in the breezeway of the Full Service Center during a teen dance. The Board was developed by the Commission to act as a conduit for the community to address issues and community problems through a cooperative effort. During its tenure, in addition to the above, the Board has heard several issues within the community to assist in quelling problems before they became greater issues. The Board has also reviewed community needs, concerns, expectations and responses relative to Police services and community policing. In this respect, the Board has addressed several issues such as ticketing of vehicles, speeding, the operation of City sponsored events, traffic circles, and issues with noise. They have also addressed potential solutions to assist the Police Department in combatting these problems and other issues in the community. Moreover, the Police Advisory Board provides support for communication and education between the community and the Police Department. To support the Police in this regard, the Police Advisory Board, for example, had assisted with the Police "HotSpot" Campaign where the Police Advisory Board individual Board members, were assigned to a specific Beat area within the City. The Board member then rode with officers within the Beat disseminating the survey cards and spoke with community members and home owner associations to discuss issues and concerns with the City. The Board member then brought the issues and concerns back to the Board for discussion at the Police Advisory Board. Over the years, the Police Advisory Board has assisted the Police Department as a conduit for addressing community concerns, as well as educating the community on Police related functions and programs. The Police Advisory Board is a vital asset to the Police Department and the well being of the community it serves. OPERATING COST There is no operating cost to the City. RECOMMENDATION The Police Department recommends that the Commission allow the Police Advisory Board to continue. W&W15 DdrayBewh.FL Code of Or(f nvKm Secs. 32.45-32.59. - RESERVED. THE CITY OF DELRAY BEACH POLICE ADVISORY BOARD Sec. 32.60. - ESTABLISHMENT. The Police Advisory Board of the City of Delray Beach is hereby established as an advisory body to the Chief of Police, City Manager and City Commission. (Ord No. 73-05,§ 1,passed 11/1/05) Sec. 32.61. - PURPOSE. The Police Advisory Board acts as an advisory body to the Chief of Police, City Manager and City Commission on pollcy and resource Issues; serves as a conduit for the community to address their issues and community problems through a cooperative effort; reviews community needs,concerns, expectations and responses relative to police services and community policing; and advises the Police Department on and provides support for communication and education between the community and the Police Department. (Ord. No. 73-05,§1,passed 1111105) Sec. 32.62. - COMPOSITION; APPOINTMENT; TERMS. The Police Advisory Board shall be composed of thirteen (13) regular members. The first Board appointments consisting of thirteen (13) regular members shall be recommended by the R.A.C.E. Relations Committee and approved by the City Commission. Thereafter,the City Commission shall fill vacancies in accordance with City Policies and Procedures. The thirteen (13) regular members shall be appointed by the City Commission for terms of two(2)years, except that the members of the first Board to serve shall be appointed so that seven (7) members shall serve for three-year terms and six (6) members shall serve two-year terms.Their successors shall be appointed for two-year terms. It is further provided that no member may serve more than two(2) successive terms on this Board. (Ord.Na. 73-05,.§1,passed 1111105) Sec. 32.63. - ORGANIZATION. (A) The Police Advisory Board shall elect a chairperson and vice-chairperson to preside at its meetings and any other officers as the Board may deem necessary. (B) The Police Advisory Board shall have technical and logistical support provided by and as determined by the City Manager. A staff person shall be designated as the official City contact with the Police Advisory Board. (Ord No. 73-05,.§ 1,passed 1111105) Sec. 32.64. - QUALIFICATIONS OF MEMBERS. (A) The Police Advisory Board membership shall include a diverse cross-section of the community. (B) The membership shall include business owners,religious and faith-based organizations,youth, school officials and local organizations,where feasible. (C) The City Commission shall endeavor to include as many racial and ethnic minority members as possible. (Ord No. 73-05,§ 1,passed 9117105) aboutblank V2 41812t]15 Delray Beach,FL Code of ordinances Sec. 32.65. - DUTIES AND RESPONSIBILITIES. The duties and responsibilities of the Police Advisory Board shall be as follows: (A) Serve as liaison between the Police Department and the community, and the City to increase communication between the Police Department and the City; (B) To assist the Police Chief and District Commanders,through input, in making quality decisions; to assist in the addressing of short-term and long-term concerns of the community and help identify priorities and solutions; (C) To provide Input on police policies, procedures and practices designed to decrease misunderstandings with and among the members of the community; and (D) To review and make recommendations concerning such other matters as may be referred to the board,from time to time, by the Chief of Police,the City Manager or City Commission. (Ord.No. 73-05,§1,passed 1111105) Sec. 32.66. - MEETINGS. (A) The Police Advisory Board shall meet at least once quarterly on the second Monday in the quarter except when that date falls on a holiday. In that circumstance,the Board shall establish another regular meeting date for that quarter. The Police Advisory Board may hold special meetings at the direction of its chairperson upon twenty-four(24) hours' notice. (B) All meetings shall be open to the public and the order of business and procedure shall be as prescribed by the rules and regulations to be formulated by the Police Advisory Board and adopted by the City Commission. (Ord.No. 73-05,§1,passed 11/1/05;Ord. No.21-10,§ 1,passed 7120110) about blank 212 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: April 7, 2015 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF APRIL 21,2015 ORDINANCE NO. 10-15(SECOND READING) BACKGROUND At the March 31, 2015 Regular Commission Meeting, Ordinance No. 10-15 was approved on First Reading. DISCUSSION This ordinance is before Commission for second reading to amend Chapter 33, "Police and Fire Rescue Departments", Section 33.60 "Definitions", Section 33.62, 'Benefit Amount and Eligibility", and Section 33.689, "Retirement Benefit Enhancement"; to conform the Code to the terms of the new Collective Bargaining Agreement. RECOMMENDATION Recommend approval on second and final reading of Ordinance No. 10-15. ORDINANCE NO. 10-15 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS" AT TITLE 3 "PENSIONS," BY AMENDING SECTION 33.60, DEFINITIONS; AMENDING SECTION 33.62, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 33.689, RETIREMENT BENEFIT ENHANCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach and Palm Beach County Police Benevolent Association recently ratified a collective bargaining agreement for October 1, 2014 through September 30, 2017; and WHEREAS, the collective bargaining agreement contains numerous changes to the pension benefits of police officers;and WHEREAS, to implement the pension changes, it is necessary to amend the Police and Firefighters Retirement System, codified in Sections 33.60 through 33.73 of the Delray Beach City Code. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. Recital Adopted. That the above-stated recital is hereby adopted and confirmed. Section 2. Code Amended. That Section 33.60 "Definitions" of the City Code is hereby amended to read as follows: Sec. 33.60. - DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Average monthly earnings. a�_One thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. (2) Notwithstanding paragraph (1) above, for police officer members hired after [DATEI, average monthly earnings means one sixtieth of the arithmetical average for the highest five ,years of the last ten ,rspreceding the actual retirement or termination of the member. 43_In addition to other applicable limitations set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases,which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall mean base wages paid to a member, including state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Effective [DATU, earnings for police officer members who are employed and have less than ten (10)years of continuous service on [DATU, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twen -five (25) hours per fiscal year of overtime compensation earned through [DATU, but excluding overtime compensation earned after [DAT" bonuses and any other payments. Earnings for police officer members hired after [DATU shall mean basic wages paid to the member including state education compensation, police basic education, police career education compensation, but excluding overtime compensation, bonuses and any other payments. Police Oacer Member. A police officer member is any employee classified as a full-time sworn police officer or police officer in training who is included in the police officers and sergeants bargaining unit or not included in an) bargaining unit on the effective date of this ordinance. A police officer member shall also include members of the police lieutenants bargaining unit upon ratification of a collective bargaining agreement containing the provisions of this ordinance. Section 3. Code Amended. That Section 33.62 "Benefit amounts and eligibility" of the City Code is hereby amended to read as follows: Sec. 33.62. -BENEFIT AMOUNTS AND ELIGIBILITY. 2 Ord No. 10-15 (A) Normal Retirement Date. This term shall have the following meanings: (1) For employees who are eligible to become members of the system as of its effective date, the normal retirement date shall be the date of their fifty-second birthday, regardless of the number of years of continuous service. (2) For employees who are members of the system and terminate employment prior to October 1, 1989, the normal retirement date shall be the first day of the month coincidental with or subsequent to their fifty-second birthday and the completion of twenty (20) years of continuous service. (3) For employees who are members of the system and elect to retire or terminate employment on or subsequent to October 1, 1989, the normal retirement date shall be the first day of the month coincident with or subsequent to completion of twenty (20) years of continuous service. (4) For employees who are members of the system and retire or terminate employment on or after December 31, 1999, the normal retirement date shall also be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service. (5) For police officer members hired after [DATEI, the normal retirement date shall be the first day of the month coincident with or subsequent to age fif, -five (55) and the completion of ten (10)years of continuous service, or completion of twen , -five (25)years of continuous service, regardless of age. (B) Normal Retirement Benefit (1) Normal Retirement Benefit-for Fire�zQhterMembers. {4 aSDuration, Survivor Benefits. A firefighter member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. {�4Amount. Normal retirement benefits shall be in the amount of two and one-half (21/2) percent of average monthly earnings for each year of continuous service for firefighter members e layees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a firefighter member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a firefighter member's total benefit be less 3 Ord No. 10-15 than two (2) percent of average monthly earnings for each year of continuous service. However, firefighter members as of the effective date shall receive at their normal retirement date (age fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. {�(c)Firef�hter Members- Optional Enhanced Multiplier. {a 1) Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. {�42�__Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half(3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. {�}!�__Notwithstanding any provision of the System to the contrary, a firefighter member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall 4 Ord No. 10-15 thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Firefighter members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). {�44�—The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph 4b �, and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. { d Upon becoming eligible for normal retirement, a firefighter member shall be one hundred (100) percent vested in his accrued benefit. (2) Normal Retirement Benefit-for Police Oacer Members. (�) Duration. Survivor Benefits. A police officer member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one ,near and sixt� (60) percent of that amount continued thereafter until the earlier of death or remarriage. (b) Amount. Normal retirement benefits shall be in the amount of two and one-half (21/2 percent of average monthly earnings for each ,near of continuous service for employ with more than ten (10) but less than twent,�(20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a police officer member has attained twent,�(20) or more ,nears of continuous service, subject to a maximum of seven t, -five (75) percent of average monthly earnings. Provided, however, that in no event shall a police officer member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, police officer members employed on [DATEI shall receive at their normal retirement date the greater of the benefit provided by the formula above or fift (50) percent of average monthly earnings. (c) Police Oa�zce Members- Optional Enhanced Multi4lier. 5 Ord No. 10-15 (1) Notwithstanding an3provision of subsection to the contrary, a police officer member who is activetT�plo,T�y the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5)percent of average monthly earnings for each ,near of continuous service if the member attains twent� (20) or more ,nears of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64"A , until [DATE d, and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (2) Notwithstanding an): provision of subsection a(2)U to the contrary, a police officer member who is actively emplo eTby the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5)percent of average monthly earnings for all future continuous service after making such election if the member attains twent� (20) or more ,:ears of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64 A� until [DATEI. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, b): pang the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (3) Notwithstanding an): provision of subsection a(2)U to the contrary, a police officer member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) ma elect T a normal retirement benefit in the amount of three and one-half (3.5)percent of average monthly earnings for future continuous service after making such election if the member attains twentL(20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64�A , through LDATU. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, b3pa)�ing the full actuarial cost of the enhanced mul6plier,l2lus the full cost of any actuarial or other professional services required. Police officer members hired on or after 6 Ord No. 10-15 April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). (4) If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twent� (20)Vears of continuous service, the member's benefit shall be determined in accordance with subsection and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each ,near of continuous service. (d) Normal Retirement Benefit or Police Oacer Members Eective [DATE (1) Notwithstanding an: other provision of this section 33.62, the normal retirement benefit for police officer members employed on [DATU, and police officer members hired after [DATU shall be determined in accordance with this subparagraph (d). (2) The normal retirement benefit for police officer members with twenty 20)o more ,:ears of continuous service on [DATU shall be determined in accordance with paragraphs (b) and (c above. (3) The normal retirement benefit for police officer members who are employed and have less than twent,:(20)Vears of continuous service on [DATEI shall be shall be determined in accordance with paragraphs U and (c) above for continuous service through [DATU, and three (3) percent of average monthly earnings for continuous service after [DATEI, subject to a maximum annual starting benefit of$108,000. (4) The normal retirement benefit for police officer members hired after [DATEI shall be two and three-fourths (2.75) percent of average monthly earnings for each :ear of continuous service, subject to a maximum annual starting benefit of $108,000 and further subject to a maximum benefit of six -eight and three- fourths (68.75) percent of average monthly earnings. (e) Upon becoming eligible for normal retirement, a police officer member shall be one hundred (100) percent vested in his accrued benefit. (C) Early Retirement Date. On or after December 31, 1999, a police officer member hired on or before fDATEI. or a firefighter member may retire on or after the early retirement date, which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of continuous service. Early retirement is retirement from active employment with the City on or after the early retirement date and prior to the normal retirement date. A police officer member hired after [DATU shall not be eligible for earl,:retirement. (D) Early Retirement Benefit. The amount of the early retirement benefit shall be determined in the same manner as the normal retirement benefit, except that continuous service and average final compensation shall be determined as of the early retirement date. The benefit payable shall be 7 Ord No. 10-15 reduced by three (3) percent for each year by which the commencement of benefits precedes the normal retirement date. The early retirement benefit provided in this subsection (D) shall have no application to the early retirement incentive provided in Section 33.687. Section 4. Code Amended. That Section 33.64 "Contributions" of the City Code is hereby amended to read as follows: Sec. 33.64. - CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (4) Notwithstanding any other provision of this section 34.64, members of the retirement system hired on or after April 9, 2013 shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (5) Notwithstanding any other provision of this section 34.64, police officer members employ on [DATEI shall make regular contributions to the Trust Fund at a rate equal to nine (91 8 Ord No. 10-15 percent of their respective annual earnings. Eligible employ, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has earned the maximum normal retirement benefit payable under the S3Tstem- 46� The City shall pick up the member contribution required by subsections (A)(1), (A)(2), (A)(3) and (A)(4) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System. Section 5. Code Amended. That Section 33.689 "Retirement Benefit Enhancement" of the City Code is hereby amended to read as follows: Sec. 33.689. - RETIREMENT BENEFIT ENHANCEMENT. (A) Effective October 11 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to chapters 175 and 185, Florida Statutes. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B) Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00), the annual one percent minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. (C) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be 9 Ord No. 10-15 increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) shall be used to provide for the inclusion of overtime compensation, up to a maximum of three hundred hours per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely with annual Chapter 185 premium tax revenues in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially sound basis the inclusion of three hundred hours of overtime compensation annually in the earnings of active police officers who are not participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees. (D) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (El Notwithstanding any other provision of this section 33.689, effective [DATEI no further benefit enhancement or benefit adjustment shall be paid to police officer retirees, other than the one percent per:ear benefit increase provided in subsection (A above. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that this Ordinance shall become and be made a part of the City of Delray Beach City Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Effective Date. That this Ordinance shall be effective immediately upon its passage on second and final reading. 10 Ord No. 10-15 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. Attest: MAYOR City Clerk First Reading Second Reading 11 Ord No. 10-15 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: March 13, 2015 SUBJECT: AGENDA ITEM 11.A.-MEETING OF MARCH 31.2015 ORDINANCE NO. 10-15(FIRST READING) BACKGROUND On December 22, 2014, the City Commission approved the Collective Bargaining Agreement (CBA) between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the Police Officers and Sergeants. The term of the CBA is for a three year period ending September 30, 2017. As a result of the new labor agreement, existing provisions of Chapter 33 "Pensions" of the City Code of Ordinances (Code) need to be amended to conform the Code to the terms of the CBA. Attached, are proposed amendments to the pension ordinance which have been prepared by the City Attorney and Jim Linn, the City's special pension counsel. The proposed revisions have also been reviewed by the Human Resources Division. Additional amendments will be required to be made to the City pension ordinances at a later time regarding the agreed upon changes to the composition of the pension board, withdrawal from participation in Chapter 185, and use of Chapter 185 premium tax money. These ordinance amendments are being deferred until the conclusion of negotiations with the police lieutenants and firefighters so that a comprehensive revision consistent with all state law requirements can be drafted. By way of background, the amendments in this Ordinance are intended to implement the agreed upon pension plan revisions described below: PBA Summary of Tentative Agreed Pension Provisions Member Grouping Criteria Provisions Group 11 active members with 20+ Tier 1 years of service and all retired No change in pension benefits and terminated members . Multiplier reduced from 3.5%to 3% for all future service, all retirement benefits http://itwebapp/NovusAgenda/Preview.aspx?ItemID=8968&MeetingID=548 4/7/2015 Page 2 of 2 determined using the final average compensation as of the retirement/termination date. . Starting benefit limited to $108,000 per year 11 Active members with at least . Employees that reach 20 years of service will Tier 2 10 but less than 20 years of retain the 3.5% multiplier for all years of service service prior to the Plan change. . Compensation includes 25 hours of overtime. . Participants remain eligible for DROP . COLA of not less than 1%will continue to be applied annually. . Multiplier reduced from 3.5% to 3% for all future service, all retirement benefits determined using the final average compensation as of the retirement termination date. All current active members not • Compensation excludes any overtime earned Tier 3 vested at the time of Plan change after the Plan change o . COLA of not less than 1%will continue to be applied annually. . Participants remain eligible for DROP . Change average final compensation from 3 ears to 5 out of last 10. . Starting benefit limited to $108,000 per year . All benefits accrue at 2.75%multiplier. . Benefit limited to 68.75% of final average compensation. . Normal Retirement changed to the later of age Tier 4 embers hired after the Plan 55 or 25 years of service change . Eliminated Early Retirement . Compensation excludes any overtime. . Change average final compensation from 3 ears to 5 out of last 10. . Starting benefit limited to $108,00 er ear LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. RECOMMENDATION Approve on first reading Ordinance No. 10-15 amending Chapter 33 of the Code of Ordinances to conform the Code to the terms of the new Collective Bargaining Agreement. http://itwebapp/NovusAgenda/Preview.aspx?ItemID=8968&MeetingID=548 4/7/2015 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer Jack Warner, CFO THROUGH: Donald Cooper, City Manager DATE: April 2, 2015 SUBJECT: AGENDA ITEM 11.A.-REGULAR COMMISSION MEETING OF APRIL 21,2015 ORDINANCE NO. 11-15(FIRST READING) BACKGROUND Staff recommends that the Commission, by majority vote: By motion, approve on first reading Ordinance No. 11-15, creating a new Section 36.14 of the City's Procurement Code, by amending Chapter 36, to, among other changes, create a Section 36.14, "Local Business Preference." FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The City Commission directed staff on November 13, 2014 and reaffirmed on December 9, 2014 to propose a local business preference purchasing program. The ordinance defines a "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. In order to qualify for the preference, a Local Business must submit a certification statement defined in the ordinance. The ordinance grants a preference to Local Businesses responding to competitive solicitations made under Code Section 36.02 (A)Sealed Competitive Method, which applies to acquisitions and revenue contracts with value over $ 25,000. There are three specific methods by which the preference could apply: (1) Competitive Bids. The City will give preference to a Local Business whose bid is determined to be within 5% or $5,000, whichever is less, of the lowest responsible and responsive bidder. The inverse applies for revenue generating contracts — the same preference will be applied by reference to the highest bid. (2) Requests for Proposals, Requests for Qualifications, and Requests for Letters of Intent using a quantitative selection. This provision applies when the selection utilizes a point system for evaluation of submissions. The City will give Local Businesses an additional 5% of the total points indicated in the evaluation criteria. As an example, if the solicitation utilizes a 100 point system, a Local Business would have the opportunity to earn up to a maximum of 105 points. (3) Requests for Proposals, Requests for Qualifications, and Requests for Letters of Intent using a qualitative ranking rather than a quantitative selection. This provision applies when the solicitation calls for proposals to be ranked rather than assigned numerical points. For all such solicitations, the City's Purchasing Department will include a Local Business preference in the evaluation criteria that is consistent with the intent of the ordinance. The ordinance further establishes a general policy for all other procurements, encouraging City departments and staff to utilize Local Businesses if possible. The Local Preference ordinance limits the applicability when more than 5% or $5,000, whichever is lower, separates the Local Business from the lowest responsive bidder. The Local Business preference exempts certain types of acquisitions, either because prohibited by law or as a matter of public policy (e.g., professional services subject to CCNA, contracts with governmental funding that prohibit local preference, emergency procurements, and piggyback procurements). Further, the ordinance includes a waiver provision, which allows the City Commission, by majority vote, to waive the Local Business preference should it determine the preference is not in the best interest of the City, as long as the determination is made prior to advertisement of the solicitation. OPERATING COST In FY 2014, local preference would have applied to 34 procurements each with a value greater than $25,000, and with total spending of approximately $ 5.6 million. Assuming the most costly case, that the maximal local preference price differential (the lower of 5 percent or $5,000) had occurred in every procurement, the cost to the city would have been approximately $100,000. In actuality, local venders were awarded approximately$3.5 million of total FY 2014 spending with no local preference operational. Thus the more realistic "worst case" additional cost to the City would have been approximately $ 37,000. RECOMMENDATION Staff recommends approval of Ordinance 11-15. ORDINANCE NO. 11-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY";AMENDING SECTION 36.02,"METHOD OF ACQUISITION," SUBSECTION (A), "SEALED COMPETITIVE METHOD"; CREATING SECTION 36.14, "LOCAL BUSINESS PREFERENCE"; ESTABLISHING A LOCAL BUSINESS PREFERENCE IN THE ACQUISITION OF GOODS AND SERVICES; PROVIDING DEFINITIONS AND CERTIFICATION REQUIREMENTS FOR SAME; PROVIDING FOR EXCLUSIONS FROM AND WAIVER OF LOCAL BUSINESS PREFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL,REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida ("City") has determined that businesses within the City are more likely to employ City residents and stimulate the local economy by purchasing directly from, or providing their employees with the means to purchase directly from, other businesses located within the City; and WHEREAS, the recirculation of money received by local businesses provides an economic stimulus to City residents and businesses, allowing them to maintain and increase their property values and business activity and making the City a better place in which to live and work; and WHEREAS, the City is home to many great locally-owned businesses, large and small, and these local companies employ many local residents; and WHEREAS, diversification and expansion of the City's economy is essential to its economic and fiscal stability; and WHEREAS, the City Commission has the authority to contract for the purchase of goods and services that serve a public purpose and are in the best interests of the residents of the City; and WHEREAS, the City Commission has determined that increasing the opportunity for businesses within the City's boundaries to provide goods and services to the City serves the general welfare of the residents of the City; and WHEREAS, in an effort to provide a positive impact on the City's local economy and expand the capabilities and capacities of our local companies, the City Commission desires to provide locally owned and operated companies preference in the purchasing policy system within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Ordinance. Section 2. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property," Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) Sealed Competitive Method. Acquisitions of or contracts for non-real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods, as provided in Sec. 36.02(C). (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness, aff4 responsibility, and local business preference, as provided in Sec. 36.14, are the sole determining factors. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. Requests for Proposals, Requests for Qualifications, and Requests for Letters of Interest are utilized where price, responsiveness, aff4 responsibility, and local business preference, as provided in Sec. 36.14, are not the sole determining factors. A Selection Committee, appointed by the City Manager, shall review the submissions received by the City in response to Requests for Proposals, requests for Qualifications, and Requests for Letters of Interest and make a recommendation to the City Commission. The City Manager shall not serve on the Selection Committee. The Selection Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The time stamp clock in the Finance/Purchasing office shall govern. All bids, proposals and responses submitted pursuant to a Sealed Competitive Method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum. (4) City's reservation of rights. The City may utilize a Sealed Competitive Method for any acquisition that the City deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the City reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses,with our without cause. Section 3. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property," 2 ORD.NO. 11-15 Section 36.14, "Local Business Preference," of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby created to read as follows: Sec. 36.14 LOCAL BUSINESS PREFERENCE The purpose of this section is to serve the public interest b3� spurring economic development through encouraging small businesses to remain or to locate within the City. The City will take all necessary, reasonable and legal action to prevent unlawful discrimination in its procurement process and to afford all businesses, including local businesses, the maximum opportunity to participate in the Cit Ti's procurement processes. (A) Definition of a Local Business. As set forth herein, a "Local Business" is an)person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) ,T�prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing nhvsical address. Home offices shall be considered as business locations if they otherwise meet all requirements of this ordinance. a Certification. Any vendor claiming to be a Local Business as defined herein shall so certify in writing�ursuant to Section 36.14( Certification Statement to the City's Purchasing Division prior to or contemporaneous with that vendor's response to a Competitive Bid as provided in Sec. 36.02�A (1).Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in Sec. 36.02(4(2). or any other type of solicitation for which the vendor is eligible to receive Local Business preference. The certification shall provide all necessary information, as determined by the City, to meet the requirements of subsection 36.14(A) above. The Purchasing Division shall not have an obligation to verify the accuracy of an): such certifications and shall have the sole discretion to determine if a vendor meets the definition of a Local Business as provided herein. The vendor shall include a copy of the required certification and information provided herein with any response to a Competitive Bid as provided in Sec. 36.02(A1 Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in Sec. 36.02�A (2). or any other type of solicitation for which the vendor is eligible to receive Local Business preference. (C) Qualification selection pursuant to Sealed Competitive Method. (1) Competitive Bids. For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 36.02"A (1), the Ci , shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if and, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. 3 ORD.NO. 11-15 (i) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, as provided in Sec. 36.02"A (2), the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. (ii) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, as provided in Sec. 36.02"A (2), where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Purchasing Department, consistent with the intent of this Ordinance. Each such solicitation shall clearly define the application of the Local Business preference. (D) To the extent practicable, for all acquisitions not made pursuant to the Sealed Competitive Method provided in Sec. 36.02"A , City departments and staff are strongly encouraged to utilize Local Businesses if they otherwise meet purchasing policy requirements. (E) Exclusions. The preferences established herein in no wa: prohibit the rights and discretion of the City to evaluate bids and proposals for responsiveness and responsibility, compare quality f materials and services proposed, and apply other factors that may be relevant to the award decision. Notwithstanding an,,tag to the contrary set forth in an): policy or Resolution adopted by the City, the local business preference shall not be applied to: (1) Goods or services provided under a cooperative purchasing agreement or the utilization of other governmental entities' contracts: (2) Contracts for professional services subject to the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes: (3) Purchases or contracts which are funded, in whole or in part, b�: a government entit,v or other enti , or grant program in which the laws, regulations or policies governing such funding prohibit application of local preference. (4) Purchases under emergency or noncompetitive situations exempt from competition. (5) Purchases of goods and/or services in which such preference is prohibited by law, contract or other regulation applicable to the City. (F) Certification Statement WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS (OFFICER OF COMPANYI am an authorized representative of 4 ORD.NO. 11-15 [NAME OF BUSINESS] and on behalf of the business request that it be deemed to be a local business for purposes of the City of Delray Beach Local Preference Program. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within the City Yes No Number of Years: limits of Delra Beach Florida? (2) Does the business have a business tax Yes No Business License Number: receipt issued in the current ear? (3) Is the business registered with the Florida Yes No Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree the business is required to notify the Ci , in writing should it cease to qualify as a local business. (G) Local Preference shall not be applied when its application would result in an award which exceeds the otherwise lowest responsive, responsible bidder by 5% or$5,000 whichever is lower. a Waiver of Local Business preference. The Ci , may waive the Local Business preference established herein where the Cif: Commission declares by a simple majority vote that the Local Business preference is not in the best interest of the City, provided that such decision is made prior to the advertisement of the competitive solicitation. Further, the preference established herein in no wa)prohibits the right of the Citv to give any other preference permitted by law in addition to the preference provided herein. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12015. 5 ORD.NO. 11-15 M AYOR ATTEST: City Clerk First Reading Second Reading 6 ORD.NO. 11-15 a H MEMORANDUM To: Mayor and City Commission Through: Donald B. Cooper,City Mana From: Joan K. Goodrich,Economic Development Director Date: April 20, 2015 Subject: Community Partner Feedback of Proposed Delray Beach Local Business Preference Ordinance Attached please find additional input and feedback on the Proposed Delray Beach Local Business Preference Ordinance from key community and economic development partners after presenting the item to the Boards of the CRA, DDA, Chamber of Commerce and West Atlantic Redevelopment Coalition(WARC) from December 2014 through March 2015. Formal response letters were received from the DDA and WARC with some notable suggestions. Additionally, the CRA Board at their January 22, 2015 workshop meeting generally supported the City Commission in enacting the proposed ordinance and recommended the following to the City: 1) Baseline City procurement data to see what the current trend is for City purchasing of local services and products before the Ordinance is enacted; 2) Add a training component to the initiative to help local small businesses build capacity and"readiness"for future purchasing opportunities Please let me know of any questions. l look forward to our next steps. l i 1 i The mission of the Delray Beach Office of Economic Development is to inspire and drive the growth of a diverse,vibrant entrepreneurial economyfor all. April 20,2015 imp DOWNTOWN DEVELOPMiENT Downtown DelrayBeach.corn BOARD OF DIRECTORS December 15,2014 Cook chair Joan Goodrich,Director of Economic Development Chair Hand's stationers City of Delray Beach 8eabron A.Smith 100 NW I"Avenue Vice-Chairmen Delray Beach,FL 33444 TED Center Bonnie Beer RE: Proposed Local Business Preference Ordinance Treasurer Caffe Luna Rosa Dear Joan, Albert Richwagen secretary This concerns the item that came before the Delray Beach Downtown Richwagen's Bicycles Development Authority for review. Ryan Boylston ITEM: Review of Proposed Delray Beach Local Business Preference Ordinance. Woo Creative After presentation,discussion ensued concerning a number of items: Mark Denkler • American Builders and Contractors concerning ordinance language Vince canning shoes . Physical office that is staffed and doing business full time a year before Frank Friona solicitation GFA Intemationai,Inc. • Regular site visits,not just a telephone call to confirm business ACTION—Motion for consensus approval of the Proposed Delray Beach Business Preference Ordinance with the additional concerns of physical site visits and contact with American Bididets and Cotlttactots concerning language: Bonnie Beer;2": Albert Richwagen. Roll Called. Consensus unanimously approved. Please know that we send this information to assist you in making your decisions as they affect the DDA District of Downtown Delray Beach. Sincerely, �� •� David Cook Chairman cc: DDA Board of Directors Delray Beach Mayor and City Commission Delray Beach City Manager 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483• (561)243-1077 Fax: (561)243-1079 West Atlantic Redevelopment Coalition 20 North Swinton Ave. .Delray Beach,Fl.33444.Phone:601-270.8640• Fax.,661-276-8558.www.DelrayWARC,org February 27, 2015 OFFICERS To: Delray Beach's office of Economic Development, REGINALD A.Cox,RA,MBA,CB4,CHAIR CRA BOARD LIAISON, We thank you for your presentation at our last WARC Board meeting of PRINCIPAL,REGINALDA.Cox&ASSOC.,INC. February 5th, 2095 at which you presented a proposed ordinance for Focal rcnxr8ainaldacox.c€m Business Preference to the City's Procurement Policy. We agree that these JOYCELYN PATRICK,VIC£-CHAIR are necessary steps to take for true community economic growth In our City NWNEIGHI3ORH0onALuANCECHAIR, and we support it. SUSTAINA13L£COMMUNITIES CO-CHAIR �lOUCE�IItn.pateickQmail.cQrR That being said, we would like the disadvantaged population of our ANN STACEY-WRIGHT,SECRETARY community to be supported and included in this effort as well, as we continue SW NEIGHBORHOOD ALLIANCE CHAIR, our goals toward minority business development. Here is our SUSTAINABLE COMMUNITIES CO-CHAIR recommendation towards that Initiative, J oycalyn.pWickhmallTaam PETER PERRI,TREASURER 1, Work collaboratively with members of the contracting community, City OWNER,r,Js,LLC departments and other stakeholders on recommendations for how the City bpluppP can develop and implement policies, practices and processes that increase diversity, ensure fair participation, promote competitiveness, avoid discrimination and provide a more responsive environment for MWBE i DIRECTORS Disadvantaged firms, businesses and contractors working on City contracts ALFRED STRAGHN OWNER,STRAGHN&SON FUNERAL HOME 2. Facilitate outreach events for existing and potential MWBE t Disadvantaged dstraQhnWyahon,com firms and pursue aggressive outreach strategies to sustain and improve CHARLES"CHUCK R€DEFY,COMMUNITY MWBE participation in City contracts ORGANIZER,FPSU ECONOMIC DEVELOPMENT COMMITTEE CFWR 3. Improve and expand technical assistance, business development, training Grid€pyQQ1@gmai1.cgm and mentoring programs for MWBE / Disadvantaged firms by greater coordination with organizations, businesses'and public agencies as well as PATRICIA WRIVT other City departments and offices PROMOTION$COMMITTEE CO-CHAIR, FROG ALLEY HISTORIC COMMITTEE CHAIR sushingpOpyonazom 4. Work closely with other departments and offices to ensure all policies, practices and processes are consistent and complimentary and make it easier DOROTHY ELLINGTON,EXECUTm DIRECTOR for MWBE/Disadvantaged firms to pursue City contracts OURAY BEACH HOUSING AUTHORITY dellingtoOdh 5. Commission a disparity study that covers professional services, purchasing STEPHANIE IMMEIMAN,ExrounvI=D€RECTOR and construction services—ideally every 5 years DELRAY BEACH MARKETING CO OPERATIVE This includes a request to the City, through the OED, to provide a FY PROMOTIONS COMMITTEE CO-CHAIR 15/16 budget for the planning efforts leading to a disparity study. simmelmon delroyhaach,com In the meantime, WARC's Economic Development Committee looks forward Pua�w GROSS,E--_CW eAoCR LRAY BEACH to working with our community partners including the City's OED, DDA, FPSU SEW DELEGATE Chamber, CRA and DBMC on the data necessary to support this objective heQpaa dQrnssl�i86CgmaiLcam and willing to participate in any way possible, STAFF Sinc KR€MN Cox-GooDwtN,wARC ADM€N, adr�indelra �rarlF.nE' (561)276-8640 Reginald A. Co ARC Board Chair The Mission of the West Atlantic Redevelopment Coalition(WARC)is to serve as a vehicle for community redevelopment,linking the resources of the public and private sector,to advocate for the improvement of the economic,soclaf and cultural future of the businesses and neighborhoods surrounding West Atlantic Avenue, If any person deeldes to appeal any decision made by the Board with respect to any matter considered at this meeting,[hat person will need a record of the proceedings,and that,for such purpose,the person may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based. WORKSHOP MEETING MINUTES Thursday, January 22, 2016 6:00 p.m. City Commission Chambers Defray Beach, FL 33444 STAFF PRESENT: Jeff Costello Elizabeth Burrows Jasmin Allen Earl Prizlee D J Doody Joan Goodrich Susan Shaw OTHERS PRESENT: Marisa Gottesman Bob Currie Ian LaQua Jill Lanigan Robert Schmidt Isabella Balestriere D. Fitzsimmons 1.. Call to Order Board Chair Herman Stevens called the Workshop to order at 5:05. 2. Roll Call Present: Herman Stevens,Annette Gray, Bill Branning, Cathy Balestriere, Paul Zacks, Absent: Reggie Cox, Joseph Bernadel 3. Approval of Agenda Ms. Gray made a motion to approve the Workshop Meeting Agenda. Mr. Zacks seconded the motion which passed unanimously. 4. Discussion A. Presentation of Arts Warehouse Conceptual Plan _ Earl Prizlee, project Manager, opened the discussion. Staff has been working with Currie Sowards Agulia Architects, Inc. (CSA) to further refine the conceptual plans previously developed. He showed a rendering of the most current design which allows for maximum flexibility as the program develops. Mr. Cox and Mr. Bernadel arrived at 5,10. Mr. Bob Currie, CSA, reviewed the floor plan with the board. He stated the artists spoke about the Warehouse as the Art Cube and liked the name so much that the design concept focused on cubes, The office addition (southwest corner of the building) will be demolished to provide an iconic entrance with a 12"x12" glass block element. There will be a canopy and circular 4 drop-off entry with some parking and a handicapped space up front. The conceptual plan includes a classroom, office space, catering kitchen/coffee shop, gift shop, restrooms, computer room, artist studios, a maker space, reception area, and flexible multipurpose space that could be used by the film industry. There are entrances from the back and the front, as well as a place for a kiln outside on the north side of the building. Mr. Branning was unsure about the glass block for the entrance due to the cost, and felt it might not be acceptable per code. He also felt the reception area was pretty large. Mr. Currie said the reception area was based on a visit to the new museum in Miami and It serves as a backdrop for art and Is only 'staffed' during exhibits. Mr. Branning also suggested providing a corridor through the maker space. Ms. Gray had some concerns about the maker space being so large, stating that community input clearly stressed the need for artists' space. She also did not feel the multipurpose space should contain anything permanent for the film industry. Mr. Currie agreed the artists are the main consideration and that nothing was being added specific to the film industry. While if is large, Mr. Currie stated that the space can be subdivided based on demand. Also, Executive Director Jeff Costello noted that Mr. Branning's suggestion to put in a corridor along the side of the maker space would automatically decrease the size. Mr. Cox agreed with Mr. Branning about the glass block in the entry. Mr. Cox asked for clarification that "Art Cube" is signage. Mr. Currie said he envisioned the entry cube wail being poured in cement on the ground and then tilted up. The front elements would be 12" x 12" glass block within the concrete. Mr. Currie said that it was signage and would have to go through permitting but thinks it works for the building. Ms. Gray said she was not sure 'Art Cube' was the best name for the building, and that there is a great opportunity for a naming contest. Delray already has the Arts Garage and Artists Alley so it Is a chance to let the community choose a name. Mr. Branning stated steel should be used rather than concrete for the entrance feature. The board thanked Mr. Currie for the update. B. Presentation on CRA Office Expansion Conceptual Plan Mr. Prizlee introduced the item, which calls for expanding the existing CRA office space. He gave a brief overview, noting that there are twelve staff positlons currently with another position pending so additional office and meeting space is needed. He added that the integrity of the original historic home needs to be respected, so the proposed design is a modern facade that can be seen through. Jill Lanigan of Song & Associates Architects presented the conceptual plans, and indicated the need for additional workspace and conference/meeting space. She also stated that for these renovations state board approval would not be needed. Mr. Bernadel thought the plans were a good start, blending the old and the new and making it more functional while keeping the original design. He asked how long the project would takes and what kind,of inconvenience would be posed. Mr. Costello responded from nine months to a year for construction and maybe six month for permits. There will be some inconvenience. Mr. Prizlee stated that the cost for the one story addition would be approximately $500,000 to $700,000 and the second story would be another $200,000 to $300,000. With soft costs at 20%, the cost would be around $1,000,000 to $1,500,000. Mr. Cox said he thought the first story renovations would suffice, but suggested the plans for the first floor should be modified. He felt the addition needs to be more consistent with the existing design, Mr. Prizles said that an elevator needs to be added to come up to code for handicapped, so it would be prudent to go ahead with the second story at the same time. Mr. Branning commented that while he recognizes the need for more space, the CRA does not want to create an iconic government office building which would draw unwanted attention. He 2 felt the proposed design is inappropriate and inefficient, particularly with the lobby area. The renovations would cost about $400 a square foot, and he did not support spending a million dollars for 2,600 square foot of office space. He suggested going out and looking for office space, maybe 5,000 or 6,000 square feet. Mr. Stevens expressed concern with the cost of the expansion considering these are public funds being used. Mr. Zacks asked about obtaining other space for that amount of money. Mr. Costello noted that 5,0006,000 square feet of office space is limited In the district. He asked where the board felt the CRA should be positioned in the area. Ms. Gray stated that she does not think the CRA will be growing in the next thirty years, and questioned being able to recoup the value if the current building is modernized. Additionally she felt such an iconic building would open the CRA for unwanted attention and believes the CRA should be positioned on West Atlantic Avenue. Mr. Stevens felt more information is needed regarding relocation. Mr. Costello said there could be some opportunities with th'e new West Atlantic development underway, and staff could bring more options to the February Board Workshop and present a Plan B for relocation. Mr. Branning felt there might be an opportunity with a future RFP for CRA owned property. Staff will bring some relocation options back to the board. C. Proposed Delray Beach Local Business Preference to City's Procurement Code Ordinance Economic Development Director Joan Goodrich presented the item. She. stated that 25 communities' procedures were researched as to what they do regarding supporting small and minority businesses in the context of procurement, economic development, and assistance. Working together with the City Manager's Office, City Attorney's Office, Finance Department, and the Office of Economic Development, the procedures were reviewed. As a result, ten recommendations for updating the purchasing and procurement policies and creating new local and/or small business preference were brought forward at a City Commission Workshop last November. Specifically, direction was sought on updating purchasing policies and considering giving direction on new local preference small business policy. Minority business preference cannot be.addressed as there has not been a recent Disparity Study. A draft of the ordinance has been provided in the board packets, and it grants a preference to local businesses responding to competitive solicitations with four specific methods by which the preference could apply. Local businesses would need to have a physical address within city limits, and it includes home offices but not post office boxes. They would also need a valid business license receipt. She noted that there was a business preference given in the 2014 Landscape Architect RFQ so the board has given this some consideration already. Mr. Branning stated his reason for giving 10 points for local business respondents to the 2014 Landscape Architect RFQ was because of the practicality of having job sites nearby. He stated that normally when a local preference policy is adopted it is to create an economic benefit with workers living and working and spending money within their municipality:- He suggested it would be important to know how much in dollars the city puts out for procurement that would meet the criteria in this draft ordinance and how much the city does locally and how much is not local. He feels this information will be valuable for evaluating the proposed ordinance, and noted that the IT Department could take the City's vendors list and sort it to gather useful data. Ms. Goodrich will bring data back to the board for further review. Ms. Gray is fully In favor of moving forward with the ordinance, and feels that an educational component is needed. She feels if one business is helped to get a local contract the program will be successful. Currently many small businesses don't respond because they can't compete. In order to be able to compete on bids, these small businesses will need assistance and education. Ms. Balestriere also acknowledged the need for an educational component, and asked about putting in plans to work with the small 3 businesses since they do not have an existing infrastructure. Mr, Cox thanked Ms, Goodrich for her participation In the process of coming up with the ten excellent recommendations. The Workshop was adjourned. Je I o, Exe utive Director Herman Stevens, Board Chair 4