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02-03-09 Regular Agenda
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, February 3, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, Regular Meeting 6:00 p.m. public comments, Commission discussion and official action. City Public Hearings 7:00 p.m. Commission meetings are business meetings and the right to limit Delray Beach City Hall discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign- in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an Phone: (561) 243-7000 individual with a disability an opportunity to participate in and Fax: (561) 243-3774 enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. January 13, 2009 - Special/Workshop Meeting B. January 20, 2009 -Regular Meeting C. January 27, 2009 -Special Meeting 6. PROCLAMATIONS: A. Recognizing Black History Month -February 2009 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. SERVICE AUTHORIZATION NO. 11/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 11 in the amount of $38,000.00 to Kimley-Horn and Associates, Inc., for the collection of data on the impact of reducing the number of traffic lanes along US 1 between S.E. 10th Street and George Bush Boulevard. Funding will be provided by the Community Redevelopment Agency (CRA). B. CONSULTING CONTRACT/BARRY STROCK CONSULTING ASSOCIATES (BSCA), INC.:APprove a consulting contract with Barry Strock Consulting Associates (BSCA~, Inc. in the amount of $24,952.00 for assistance with the Request for Proposals (RFPZprocess for procurement of public safety software systems. Funding is available from 334-2111-521-66.10 (General Construction Fund/Books/Publications/Software. C. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL) WEST CONSTRUCTION, INC./FIRE-RESCUE STATION NO. 4/CORRECTION TO FINAL PAYMENT AMOUNT: Revise the previously approved Contract Closeout (C.O. No. 1/Final) to West Construction, Inc. for completion of Fire Station No. 4. to correct the final payment amount to $167,437.98. Funding is available from 334- 6112-522-62.88 (General Construction Fund/Buildings/Fire Station No. 4). D. AGREEMENT/ENVIRODESIGN ASSOCIATES/OLD SCHOOL SQUARE PARK: Approve an Agreement between the City and EnviroDesign Associates in the amount of $8,650.00 for performance of a Limited Phase II Environmental Assessment for the Old School Square Park site. Funding is available from 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square- Park Improvements). E. TEMPORARY PARKING USE TERMINATION/PINEAPPLE GROVE, LTD.:Authorize submitting notification to Pineapple Grove, LTD., owners of the vacant property located at 105-115 N.E. 1st Street, that the City has vacated the property and will no longer use it for temporaryparking. F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/TENNIS TOURNAMENT SPONSORSHIP:APprove an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) under which the CRA will contribute $500,000.00 for the sponsorship of City Tennis Tournaments. G. PARKING FACILITY WARRANTY/FIRST AMENDMENT TO THE GUARANTY AGREEMENT/ROBERT FEDERSPIEL PARKING GARAGE: Approve the Parking Facility Warranty and First Amendment to the Guaranty Agreement for the Robert Federspiel Parking Garage• H. RESOLUTION NO. 11-09:APprove and adopt Resolution No. 11-09 recognizing and commending the Green Task Force for their work to improve environmental sustainabilit~, formally accepting their final report and instructing staff to review the report for implementation. L ACCEPTANCE OF EMERGENCY MEDICAL SERVICES (EMS) GRANT:Accept Emergency Medical Services (EMS) grant funding in the amount of $43,880.00; and authorize the purchase of four ~) Glide Scope Ranger fiber optic laryngoscopes in the amount of $43,880.00 from Verathon, Inc. for the Fire-Rescue Department. Funding is available from 001-2315-526-64.90 (General Fund/Machinery/Equipment/Other machinery Equipment). SPECIAL EVENT REQUEST/11th ANNUAL CINCO DE MAYO FIESTA: Approve a special event reauest to allow the 11th Annual Cinco De Mavo Fiesta to be held Saturday. Mav 2. 2009. from 11:00 a.m. - 12:00 midnight., at Old School Square, to grant a temporary use permit per LDR Section 2.4.60 for use of the Old School Square surface lot, to authorize staff support for traffic control and security, trash removal, EMS assistance, signage preparation and installation, and to approve request to use the Old School Square parking garage, City Hall lots and City generator, contingent on the receipt of a hold harmless agreement and receipt of certificate of liability insurance and liquor liability insurance. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period .Tanuary 20, 2009 through January 30, 2009. L. MANAGED CARE ARRANGEMENT (MCA) PROVIDER CHANGE FOR WORKERS' COMPENSATION:APprove the transfer of a State required Managed Care Arrangement (MCA) for certain Workers' Compensation claims from Genex Services, Inc., to Gallagher Bassett Services, Inc., due to the cost savings and their proven ability to provide the same Managed Care Arrangement services as Genex Services, Inc. Funding is available from 551-1575-591-45.52 (Insurance Fund/Insurance/Worker Comp Claims). (ADDENDUM M. AWARD OF BIDS AND CONTRACTS: 1. Bid award toAccurate Event Services in the amount of $31,309.20 for private security services for the International Tennis Tournament from February 16, 2009 through March 2, 2009. Funding is available from 001-4210-575-55.40 (General Fund/Recreational Supplies/Tennis Tournament). 2. Purchase award to Custom Pump & Controls, Inc. in the amount of $57,557.00 for the purchase of two ~) 75 horsepower (HPZpumps for the Area 11A Reclaimed Water System Booster Pump Station Conversion Project. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). 3. Purchase award to Southeastern Pump, Inc. in an estimated amount of $40,000.00 for the purchase of submersible wastewater pumps for the balance of FY 2008-2009. Funding is available from 441-5144-536-46.20 (Water and Sewer Fund/Repair & Maintenance Service/Equipment Maintenancel. 4. Purchase award to multiple vendors in the total cost of $470,590.00 for the purchase of twenty two (22) replacement vehicles based on age and life to date maintenance cost. Funding is available from 501-3312-591-64.20 (Garage Fund/Machinery Equipment/ Automotive) and 001-2115-521-64.20 (General Fund/Machinery Equipment/Automotive). 9. REGULAR AGENDA: A. WAIVER RE~UEST/WORTHING PLACE:Consider a request to waive Land Development Regulations (LDR) Section 4.3.3(OO~(1)(f), "Generators", to allow generators to operate the full capacity of the equipment being served for a reduced period not less than forty-eight (48) hours for the property located south of Atlantic Avenue immediately south of Worthing Park. between S.E 1St and 2"a Avenues. (Quasi-Judicial Hearin B. OLD SCHOOL SQUARE PARK PHASE ONE FINAL DESIGN/GLATTING .TACKSON KERCHER ANGLIN, INC.: Consider approval of a proposal from Glatting .Tackson Kercher Anglin Inc. in the amount of $140,300.00 for professional services related to the final design of the Old School Square Park Phase One project. Funding is available from 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square-Park Improvements). C. FINAL SELECTION OF PERSON TO CONDUCT AN INDEPENDENT REVIEW OF CITY BONDING PRACTICES AND PROCEDURES AND COMMUNICATION PRACTICES: Select person to conduct an independent review of city bonding practices and procedures and communication practices. D. RESOLUTION NO. 10-09/ABANDONMENT OF RIGHT-OF-WAY:Consider adoption of Resolution No. 10-09 abandoning a 0.17 acre portion of Canal Street right-of-way in conjunction with a proposed two ~) lot single family subdivision to be platted as Marine Wad, located at the southwest corner of S.E. 2"a Street and the Intracoastal Waterway (adjacent to 200 Marine Wavl. E. CONTRACT ADDITION (C.O. NO. 5)/BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS: Consider approval of Contract Addition (C.O. No. 5) in the amount of $13,748.00 to BSA Corporation for City Hall North Wing Renovations. Funding is available from 334-6112-519-62.86 (General Construction Fund/City Hall -North Wing & Chamber). F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) At Large Representative to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD:Appoint one (1) Citizen-at-Large Representative to the Parking Management Advisory Board to serve a two (2) year term ending .Tuly 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. ORDINANCE N0.02-09 (SECOND READING/SECOND PUBLIC HEARING):Privately initiated amendment to the Land Development Regulations (LDR) Section 4.7, "Family/Workforce Housing", by enacting a new Subsection 4.7.90, to allow non-eligible occupants to occupy workforce housing units under certain conditions. B. ORDINANCE NO. 04-09:City initiated ordinance amending Chapter 32, "Departments, Boards and Commissions", Section 32.09, "Expiration of Terms; Commencement of Terms", in order to substitute "Board of Adjustment" for "Board of Construction Appeals" and to update the references to other Boards. C. ORDINANCE NO. 05-09: City initiated ordinance amending Ordinance No. 43-03 in order to include a new study regarding retail-only adult entertainment establishments in the legislative history of the ordinance. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 08-09: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3(K~(1)(bb~, "Single Family Overlay District Site Plan Review", to increase the application processing fee for Single Family Overlay District Site Plan Review Applications and associated renaming to North Beach/Seagate and Ocean Neighborhood Overlay District Review. If passed, a public hearing will be held on February 17, 2009. B. ORDINANCE 09-09: An ordinance amending Section 96.03, "Establishment of Limits In Which Bulk Storage Of Liquefied Petroleum Gases To Be Restricted", Section 96.05, "Fire Hydrants", Section 96.16, "Certain Codes Adopted By Reference", and Section 96.46, "Above Ground Installation", to update the City's Code of Ordinances in order to reflect recent changes in the Fire Prevention Code Standards. If passed, a public hearing will be held on February 17, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL/WORKSHOP MEETING JANUARY 13, 2009 A Special/Workshop Meeting of the CitS~ Commission of the City of Delra~~ Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, January 13, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Vice Ma~~or Woodie B. McDuffie Commissioner Mackenson Bernard Absent - None Also present were - David T. Harden, City Manager Doug Smith, Assistant City Manager Robert A. Barcinski, Assistant City Manager Susan A. Rube, CitS~ Attorne~~ Brian Shutt, Assistant City Attorne~~ Chevelle D. Nubin, CitS~ Clerk Mayor Rita Ellis called the special meeting to order and announced that there was an agenda item from the Auburn Group regarding The Villages at Delra~~ and that has been requested to be removed from the Agenda. SPECIAL MEETING AGENDA 1. SUPPLEMENTAL CONSULTING SERVICES AGREEMENT/GLATTING JACKSON KERCHER ANGLIN, INC./OLD SCHOOL SQUARE PARK: Consider a Supplemental Consulting Services Agreement with G1atting Jackson Kercher Anglin, Inc., in an amount not to exceed X23,700 for supplemental consulting services requested b~~ staff relative to the Old School Square Park project. Funding is available from 334-4151-572- 63.59 (General Construction Fund/Improvements Other/Old School Square Park Improvements). Richard Hasko, Director of Environmental Services, stated he met with Mr. Barcinski and Joe Gillie at Old School Square and reviewed the scope that staff requested Glatting Jackson Kercher Anglin, Inc. Mr. Hasko stated staff looked at how much, if any, of that scope we felt comfortable with doing with our own resources. Mr. Hasko recommended letting Glatting Jackson Kercher Anglin, Inc. do the FCT Management Report Update and staff feels it is still very important to get the cost estimation for the individual components for the overall Master Plan that will allow Old School Square, Joe Gillie, and his staff to go out and solicit sponsorship for those different components to try and advance the funding and advance the project. Mr. Hasko stated Mr. Gillie felt comfortable in that he had a combination of resources that he could produce the brochure that was talked about. Mr. 01/13/09 Hasko stated staff recommends that particular scope would not be awarded. Staff recommends that the hourly not exceed X9,500.00 for the FCT Management Plan Update and the X7,500.00 for the cost estimation. Mr. Eliopoulos asked how much they have been paid to date. In response, Mr. Hasko stated they have been paid approximately X139,000.00 and explained that the X17,000.00 is for separate services. Mr. Hasko stated this is not a scope that Glatting Jackson Kercher Anglin, Inc. suggested that we do. He stated in the course of meeting with them to review and establish the scope for the design agreement which the Commission will see next week. Mr. Hasko stated these are items that staff felt important to the project and staff asked Glatting Jackson Kercher Anglin, Inc. to provide this proposal. Mr. Fetzer moved to approve the Supplemental Consulting Services Agreement with Glatting Jackson Kercher Anglin, Inc. for the Old School Square Park not to exceed X17,000.00, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 2. CONSIDER INDEPENDENT REVIEW OF CITY BONDING PROCEDURES, PRACTICES AND COMMUNICATION PRACTICES (ADDENDUM) Mayor Ellis stated this item is a follow up of the indictment of Palm Beach County Commissioner Mary McCartS~ in relation to some of those underwriting awards. Mayor Ellis stated she believes the City Manager provided everyone with a thorough understanding of each of the items that were included in the indictment as it related to Delray Beach. Mayor Ellis recommends using the CitS~'s outside counsel to find the appropriate person that will be able to do a full summary audit in review of those practices. Mr. Fetzer asked who the outside counsel would be that Mayor Ellis is referring to. In response, Mayor Ellis stated the outside counsel would be Leonard Carson, Esquire. Mayor Ellis stated they discussed approximately 6-10 different individuals statewide that Mr. Carson is recommending who would have the credentials to do this investigation and come back to the Commission with a recommendation. Mayor Ellis stated the intention of Mr. Carson is that he would find the appropriate person to do the investigation in review of these policies and procedures. Mr. Eliopoulos asked how Mr. Carson will approach that in getting information to the Commission. The City Attorney stated she believes that Mr. Carson will deal directly with the City Commission not through her. The City Attorney stated once Mr. Carson has some idea of who might be a good selection he could bring it back to the Commission for their approval. Mayor Ellis suggested that it could also be ranked as maybe the top two or three and the Commission could have a majority rule. Mayor Ellis stated or the Commission can ask Mr. Carson to come back with who would be the right person to do this and vote it up or down. -2- 01/13/09 Mr. Eliopoulos stated he has been quoted in the newspaper over the weekend with some comments regarding what came out of the indictment of former Palm Beach County Commissioner Mary McCarty. Mr. Eliopoulos stated he does not recall in his history of Delray Beach this so called "black cloud" that has hovered over us. He stated for this Commission it is unfortunate in the sense that this has been sort of a cloud that has hovered over them for the past two years because the previous Commission did have a X40 million shortfall in Capital Improvement projects. Mr. Eliopoulos stated the paperwork that the US State Attorney's Office of the Southern District came out with on Friday had what he felt were strong allegations towards the City of Delray Beach and clearly appeared to identify the City Manager. Mr. Eliopoulos stated although the papers might have implicated that he does not believe that any law was broken. However, he stated the issue at hand for him is policies, communication and really how we get things done. Mr. Eliopoulos stated he believes that an independent outside looking in can be far and objective with this. He expressed concern that whatever comes out of this that we address it immediately. Mr. Eliopoulos encouraged the Commission to do whatever they can do to aid in the interviewing and selecting of somebody as quickly as possible. Mr. Fetzer concurs with comments expressed by Commissioner Eliopoulos and stated unfortunately this has cast a cloud of perception about Delray that no one wants. Mr. Fetzer stated he agrees that this needs to be prompt and it needs to be a comprehensive external investigation. He stated the City needs to get someone to do this that has credibility and is knowledgeable about the municipal bond process. Mr. Fetzer stated we need to move promptly and bring some closure to this prior to the new Commission having to tackle something like this. Mr. Fetzer stated he fully supports an external investigation. Mr. Eliopoulos suggested the information that is given to the company/individual is the same information that was basically subpoenaed from the Federal investigation that occurred in our city. Mr. Eliopoulos stated whoever the Commission selects he would like them to receive the same information that CitS~ staff provided to Federal prosecutors. Mayor Ellis stated just based on the CitS~ Manager's response she is not sure that even the State Attorney's office understands the complexity of the bonding and underwriting process which is even more critical that the person who is selected for this investigation for the City of Delray Beach be even more qualified to be able to come back and provide the City Commission with the information that they can understand in a simplified manner and be able to implement and act upon very quickly. Mr. Eliopoulos asked why we are using Mr. Carson. In response, the City Attorney stated Mr. Carson has been recommended to do the selection because of his expertise in labor law. Mr. McDuffie stated there were 57 pages of allegations of which 4 pages came to rest in the City of Delray Beach. He stated a retrospective look inward into ourselves by someone outside this CitS~ is probably the healthiest thing we can do right now. Mr. McDuffie stated after listening to Mr. Carson he identified potentially one dozen people with significant credentials. Mr. McDuffie recommends that Mr. Carson select the top three and let the Commission take a look at the top three and speak to those top three to see if they will -3- 01/13/09 assume the roll. He concurs that this needs to be swift and focused. Mr. McDuffie suggested that the Commission set a time certain for a Special Meeting in the Commission Chambers on Tuesday, January 27, 2009. Mr. Eliopoulos stated he would like to expand the list to the top five individuals versus the top three. Mayor Ellis stated the longer the list that is developed the more time it will be before this investigation is actually started. She stated Mr. Carson is capable of coming back to the Commission with a recommendation and would like Mr. Carson to recommend the top two names rather than go to five. Mr. McDuffie stated he believes if the Commission adds criteria to say that this individual must have resided outside of Delray Beach and outside of Palm Beach County, and has particular bond expertise in their resume, he believes it would shrink the list down very quickly. Mr. Bernard stated being new to the CitS~ Commission and not being part of the refinancing of the two bonds and the X40 million bond and being an attorney and immigrant, he has had to grapple with what we should do in regards to this situation. Mr. Bernard stated it is very important for the City to act prudently by doing the internal investigation. He stated when reading the paper and the complaint and listening to the U.S. Attorney it says that there is a culture of corruption and believes that if there is a culture of corruption that exists he believes that his job as a City Commissioner is to figure out exactly where this culture of corruption exists in the City of Delray Beach and make sure that we can uproot it. Mr. Bernard stated he believes we can accomplish this goal if we do an external audit. He stated we may have contributed into the environment that the citizens, the Commission has created, the City Manager has created, the City Attorney has created or staff has created that has led to some of these practices that has occurred for those past years or has allowed these things to take place. Mr. Bernard stated he believes if the City Manager has created that environment and it is determined that he has created that environment then he deserves to be terminated. In terms of the CitS~'s bonding practice, Mr. Bernard stated we need is greater transparency and we need to develop a transparent bidding process. He stated the CitS~ may need to terminate their agreement with their bond counsel, with their financial advisors to making sure that the City is properly advised in terms of the CitS~'s bonding process. Also, Mr. Bernard stated we also need to check with the City Attorney's office that there is a process that is in place in terms of checking for ethics, violations or conflict checks when the City has these big bids that are taking place. Mr. Bernard stated if the City is giving these bond deals to Bear Stearns or Raymond James the CitS~ needs to make sure that there is no conflict of interest or any ethic violations and make sure that our CitS~ Attorney is up-to-date and is checking with the Florida Ethics Commission in making sure that we do not end up in the situation that we are in right now. Also, Mr. Bernard stated the CitS~ needs to review the industt-~~ standards in regards to the bond practice and check to see if the City has been affected in terms of our bond ratings in regards to the situation we are presented with. Mr. Bernard stated the City needs to make sure that all companies have the option of having the opportunity to bid properly in terms of obtaining the bonds and when the CitS~ is issuing -4- 01/13/09 them. Mr. Bernard stated there are specific issues that the City Manager must take, in terms of the Finance Department. He stated he is not sure if he wants Mr. Carson to be the one who chooses our outside investigator but feels the CitS~ Commission must choose the people they want to do this external investigation and do it expediently. Mr. Bernard stated the Commission needs to be concerned with facts and issues not allegations. Mr. McDuffie stated he and the CitS~ Attorney discussed possible outside counsel as well and asked the City Attorney to explain what the City Commission has to go through to select counsel outside of Mr. Carson. In response, the CitS~ Attorney stated the Commission would have to come up with a name that they would want to be their outside counsel because it would not be anyone that she would select or suggest. The City Attorney stated then the Commission would want to make sure that person is someone they feel is qualified to do what Mr. Carson would do. Mr. McDuffie stated he wants to make certain that there is nothing in the process that taints it at all. Mr. McDuffie stated this is not free and there will be a budgetary impact to this. Brief discussion followed by the Commission. Mr. Bernard asked how many outside counsels the City has. The City Attorney stated the City has outside bond counsel, outside labor counsel, occasionally outside counsel on some litigation matters, and pension. Mayor Ellis stated her position is to use Mr. Leonard Carson to narrow a list of candidates to two or three names and bring back to the City Commission next Tuesday (January 20, 2009) for selection. Mr. Bernard stated with the sense of expediency he will support going with Mr. Leonard Carson so that the Commission can get a list of names. Mr. Fetzer stated it is not a critical issue whether there are three names or five names but he just wants the best names. Mr. McDuffie moved to approve to use the City's outside Counsel, Leonard Carson, Esq., to provide the three top names of individuals outside the City of Delray Beach, outside of Palm Beach CountS~ with bond experience for selection for external review of all bonding procedures, practices, and communication practices within the City of Delray Beach, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis adjourned the Special Meeting at 6:51 p.m. WORKSHOP AGENDA 1. Presentation of Green Task Force Final Report Nancy Schneider, Chair of the Green Task Force, gave a brief PowerPoint presentation and overview of the Green Task Force. She thanked the dedicated members of the Green Task Force and the City liaisons. -5- 01/13/09 Yalmaz Siddiqui, member of the Green Task Force, briefly reviewed the mission of the Green Task Force and showed a film of the Task Force. Mr. Siddiqui discussed the #1 recommendation of the Green Task Force which is that Delray Beach formalizes a ten point green plan with ten objectives. Dan Sloan, member of the Green Task Force, briefly discussed the Sunshine Law and the Green Task Force presented this concept of an electronic bulletin board to the CitS~ Commission asking for permission to have the City Attorney get a letter from the State Attorney General authorizing such a bulletin board. Mr. Sloan stated in working with IT, staff, and the City Attorney's office a vendor was found who actually did about 95% of the functionality the Green Task Force was looking for in an electronic bulletin board to make sure it was electronically feasible and the electronic bulletin board was approved by the Attorney General. Mr. Sloan stated the electronic bulletin board could also be used for any advisory board workshop meetings not just the Green Task Force. Mr. Sloan stated this allows citizen input, will save a lot of gas, paper, and time for everyone. He stated they are trying to get three separate proposals for providing this and explained that it is free software that needs to be customized to specifically address the needs and requirements of the Sunshine Law. Mr. Sloan stated they should have these proposals in hand in the next 30-60 days and be able to recommend which vendor is most appropriate. Mr. Sloan stated once the vendor is selected he believes it will be a matter of a few weeks before it can be up and running to a test phase and implement it if the Commission decides to authorize a permanent green advisory board or other boards of that nature for use and great benefit to the City. Mr. Siddiqui stated this has multiple economic benefits and citizen engagement benefits because staff does not need to attend the meetings for hours and citizens can watch what is going on from the comfort of their own home. Mr. Siddiqui recommends that the City Commission review this report and the website. Mayor Ellis commended the Green Task Force for a job well done. 2. Proposed Contractor Prec~ualification Procedure Richard Hasko, Director of Environmental Services, stated staff has had some problems with the administration of the Capital program with particular projects because of issues with contractors that the City has awarded contracts to primarily on the basis of low bid. Mr. Hasko stated the bid documents typically contain criteria that the contractor will supply with his bid that attempts to give staff some level of information as to the qualifications of the contractor to do the particular kind of work in terms of experience with similar types of projects, etc. Mr. Hasko stated because of the contracting construction economy we are in now we start getting a lot more bids on projects because contractors are trying to stay a float and the level of qualifications starts to get a little loose. Mr. Hasko stated to avoid those types of things staff has proposed a prequalification procedure and tailored Delray Beach to a similar document that is in use in the State of Maine by their Department of Transportation. He stated in order for the contractor to put in a bid on a particular project in any of those types of categories he must be pre-qualified with the City in that category and -6- 01/13/09 if the contractor is not pre-qualified then the City does not accept the bid. Staff will review the applications that are made and verify the information. Mr. Hasko stated they would have a two-month window from August and September where staff would accept applications in preparation in having a list of contractors for the new fiscal year. He stated that would not prevent a contractor from applying for pre-qualification in any of those categories at any point in time at any time of the year. Mr. Hasko stated the reason staff wanted to encourage the two-month window was to minimize the year-round impact on staff that would be reviewing these things. Mr. Hasko stated any contractor can come in and submit his application at any time and there is time certain elements in the program which the contractor has to receive a response. He stated unless and until any contractor is successful and deemed qualified by the City he will not be able to bid any contracts that are coming up. Mr. Hasko stated for any contractor who is deemed not qualified for any reason there is an appeal process through the City Manager that a contractor can follow. Mayor Ellis asked if staff found more places other than Maine that had this pre-qualification process. In response, Mr. Hasko stated it was hard to find a governmental agency that had a comprehensive pre-qualification program. He stated staff found some municipalities and agencies in the State of Florida that had apre-qualification process. Mr. Hasko stated this is the most comprehensive model and addressed all of the issues of concern. Mr. Eliopoulos asked if the Deputy Director of Construction falls under the Building division or the Environmental Services Department (ESD). In response, Mr. Hasko stated this position falls under the Environmental Services Department. Mr. Eliopoulos asked if Mr. Hasko feels that he needs someone in the Building Department who is actually doing other building inspections for ESD. Mr. Hasko stated the list of the Committee is a basic membership of the core representatives of the City and there are provisions where staff can expand that. The City Attorney stated you can add additional categories such as parks to this program. Mr. Hasko stated staff can add categories; however, the most important thing is the actual structure of the program itself and how it gives the CitS~ more control over the quality of the contractors who are doing the work. Mr. McDuffie inquired about Miller Park with all the different types of work that has to be done there. Brief discussion between staff and the Commission followed. Mr. Bernard asked how this eleven page application would impact the minority contractors and immigrants. In response, Mr. Hasko stated staff was not looking at the contracting community in that context but they were looking at the contracting community along the lines of a minimum set of qualifications that the City would need for a contractor to provide. Mr. Hasko stated staff was trying to create a level of playing field for all contractors at the same time that they were tr5ring to create an environment for the City that they had an extreme level of confidence that any contractor on this list that the City was going to award a job was going to be able to give the CitS~ a quality product cost effectively. Mr. Bernard asked Mr. Hasko to reiterate how he will communicate this to the potential contractors. Mr. Hasko stated staff is going to advertise this. -7- 01/13/09 After discussion, it was the consensus of the Commission to place this on next week's CitS~ Commission Agenda for adoption. 3. Direction regarding the Beach Eclui~ment Rental Invitation to Bid Brian Shutt, Assistant City Attorney, stated under Exhibit "A" staff has clarified the term of the bid which is a three year term, worked on the specifications as far as clarifying the location of the cabanas or the beach equipment, the appearance of the beach, and the employee qualifications. Staff has set minimum fees; the minimum concession fee on an annual basis is X120,000.00 a year. He made reference to Exhibit "B" on page 19 and noted that staff has also added another section entitled "additional amenities". Staff prohibited amenities such as selling sun block or other items on the beach. Mr. Shutt stated the only financial money that would be coming to the City would be the annual concession fee. Mr. Shutt made reference to Exhibit "C" which is the "Cone of Silence" provision. Mr. McDuffie stated he has received questions from two vendors who are perspective bidders on this that are not quite certain what "amenities" are and this needs to be clarified. Mr. Eliopoulos concurred with comments expressed by Mr. Eliopoulos. Brief discussion continued by the Commission regarding the language in the bid specification regarding the amenities and the City Attorney stated items can be included and excluded. Mr. McDuffie suggested that the Commission ask for written questions and respond to the questions. The CitS~ Attorney stated the CitS~ usually has apre-bid conference where those kinds of questions are asked and answered and this is an appropriate time to do that and then issue a written response to those questions raised by those who attend this pre-bid conference. Mayor Ellis stated attending the pre-bid conference is a requirement to bid. Mr. McDuffie stated that the Commission should just put in there things that they would exclude. The City Manager stated any amenity they offer would have to be approved by the City as part of the award. After brief discussion, the CitS~ Attorney suggested that the "Cone of Silence" in this document be from the moment the bids are put out on the street until the bids are opened. The CitS~ Commission stated they support the "Cone of Silence" as suggested by the City Attorney. Brief discussion followed by the Commission regarding the amenities and a fixed fee. After discussion, the Commission was okay with not including the amenities and noted they support Exhibit "A". The City Attorney stated the description of the additional amenities are agreements with hotels for amenity charge plans, amenities directly related and used in conjunction with the beach equipment (i.e. towel rentals) and the ability to receive credit cards as payment where each attendant has the ability to give the customer a receipt that does not require the attendant or other bidder employee to leave the beach. The City Attorney recommends adding towel rentals as an amenity and that it not include any rental of -8- 01/13/09 an~~ personal watercraft or other such motorized equipment. She stated all other questions can be answered at the pre-bid conference. Mr. Bernard inquired about water since there will be no selling of beverages. The City Manager stated this would create a problem with the vendors competing with retail establishments along the beach. The City Attorne~~ also suggested adding language to sa~~ "the City at its sole discretion can accept or not accept any amenity submitted." 4. Questions for the Annual Citizen's Roundtable Meeting Doug Smith, Assistant City Manager, stated the Annual Citizen's Roundtable Meeting follows the same format with presentations at the beginning and then moving into the gymnasium for Roundtable discussions. Mr. Smith briefl~~ discussed the questions for the Citizen's Roundtable Meeting and stated he was trying to keep the time as close as possible to one hour. The Commission briefl~~ discussed the timeframe of the meeting and it was suggested that the meeting start at 6:30 p.m. versus 7:00 p.m. Mr. Smith stated this was alread~~ published in News for Neighborhoods at 7:00 p.m. and it is on the event calendar for the month of January which would have been in the newsletter that went out in December. The CitS~ Clerk stated the advertisement is scheduled to be published on Tuesday, January 20, 2009 for 7:00 p.m. Mayor Ellis adjourned the Special/Workshop Meeting at 8:18 p.m. City Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delra~~ Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, January 13, 2009, which Minutes were formally approved and adopted by the CitS~ Commission on -9- 01/13/09 CitS~ 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. -10- 01/13/09 JANUARY 20, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Deputy Vice Mayor Eliopoulos in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 20, 2009. 1. Roll call showed: Present - Deputy Vice Mayor Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Mackenson Bernard Absent - Mayor Rita Ellis Vice Mayor Woodie B. McDuffie Also present were - David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Deputy Vice Mayor Eliopoulos requested that Item 8.B., Final Subdivision Plat Auuroval/Centres Delray Beach be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. He requested that Item 8.K., Temuorary Parking Use Termination/Pineauule Grove of the Consent Agenda be postponed to February 3, 2009. Deputy Vice Mayor Eliopoulos requested that Item 8.P.1. Contract Award to ConServ Building Services of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. The City Attorney stated Item 8.P.3., Contract Award to Beck's Towing & Recovery, Inc. will be postponed and a bid protest has been filed regarding this item. Deputy Vice Mayor Eliopoulos requested that Item 9.B., Waiver Reguest/Worthin~ Place, Item 9.D., Old School Square Park Phase One Final Design/Glattin~ Jackson Kercher Anglin, Inc. and Item 9.E., Red Light Camera Vendor Selection of the Regular Agenda be postponed to February 3, 2009. O l /20/09 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of January 6, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: 7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Resuonsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Officer Paul Shersty, Delray Beach Police Department, stated he has been employed with the City for 18 years and when he first came to the City the recipient of the S.P.LRLT. Award tonight was working at the Police Department and he came to know her. Officer Shersty stated this quarterly winner for October-December 2008 is Amy Brown, Police Dispatcher. He explained that there was another employee at the Police Department who was in financial peril and could not see his way out of it. Officer Shersty stated Amy Brown found out about what this employee needed and took $600.00 of her own money and gave this employee the money. Officer Shersty stated he also found out that Amy Brown donated $100.00 to two needy families in the City that needed money for Christmas. Officer Shersty stated Amy Brown has had hard times herself and feels she went above and beyond what a person would do. He stated this is just her nature and she has always been a caring person and willing to help. Officer Shersty stated Amy Brown is home sick and was not able to attend this evening. Officer Shersty recognized Amy Brown for being a true dedicated employee who gives back to the City. 7.B. Zion Study Circle Grouu-Shelly Weil Shelly Weil, 925 Greensward Lane, Delray Beach, invited the City Commission to attend the unveiling at the Delray Beach Library on Monday, January 26, 2009 at 5:30 p.m. He stated the Zion Study Circle Group has started a map project and the purpose is to show that twice All-America City is still looking to improve and improve relations. Mr. Weil invited everyone to join the Zion Study Circle Group in officially kicking off and showing the community how diverse we really are and stated their project is called "A World of Diversity and a City of Harmony". -2- O l /20/09 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF INTERLOCAL AGREEMENT AND APPROVAL OF TEMPORARY CONSTRUCTION EASEMENT/CITY OF BOYNTON BEACH/SOUTH CENTRAL REGIONAL WASTEMATER TREATMENT AND DISPOSAL BOARD: Approve and ratify an Interlocal Agreement between the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) and the City of Boynton Beach which allows for construction and transferring ownership of a regional force main; and approve a Temporary Construction Easement between the City and the City of Boynton Beach. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. RESOLUTION NO. 09-09/ABANDONMENT OF RIGHT-OF-WAY: Approve and adopt Resolution No. 09-09 abandoning a portion of the N.E. 6 Avenue (northbound Federal Highway) right-of--way in conjunction with the Centres Delray Beach plat (CVS Pharmacy site), located at the northwest corner of N.E. 7~ Street and N.E. 6~' Avenue. The caption of Resolution No. 09-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE N.E. 6Tx AVENUE (NORTHBOUND FEDERAL HIGHWAY) PUBLIC RIGHT OF WAY LOCATED AT THE NORTHWEST CORNER OF N.E. 7Tx STREET AND N.E. 6Tx AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 09-09 is on file in the City Clerk's 8.D. STREET LIGHTING AGREEMENT/FLORIDA POWER & LIGHT COMPANY: Approve and authorize the execution of a Street Lighting Agreement with Florida Power & Light Company (FPL) in the amount of $26,954.83 for the removal of twenty-four (24) concrete light poles on Atlantic Avenue between S.W. 12th Avenue and S.W. 6th Avenue. Funding provided by the Community Redevelopment Agency (CRA). 8.E. CONTRACTOR PREQUALIFICATION PROCEDURE: Approve the implementation of a Contractor Prequalification Procedure which would require contractors to become prequalified with the City before they would be allowed to submit bids on certain types of construction projects. -3- O l /20/09 8.F. GRANT AGREEMENT AND AMENDMENT NO. 1 TO QUALITY TRANSPORT AGREEMENT/DOWNTOWN ROUNDABOUT SHUTTLE: Approve and authorize the Mayor to execute a Grant Agreement with Palm Beach County for the acceptance of funds in an amount not to exceed $90,000.00 over a three (3) year period; and to execute Amendment No. 1 to the Agreement with Quality Transport Services, Inc. for expansion of the Downtown Roundabout Shuttle Route lA. 8.G. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY/LAW ENFORCEMENT EXCHANGE: Approve a Memorandum of Understanding with law enforcement agencies in Palm Beach County who participate in an information sharing initiative known as the Law Enforcement Exchange (LEX). 8.H. AMENDMENT NO. 2/TRI-PARTY OPERATING AGREEMENT/MIRACLE LEAGUE FIELD: Approve Amendment No. 2 to the Tri- Party Operating Agreement between the City, Miracle League of Delray Beach, Inc. and Anthony V. Pugliese, III, to extend the term to complete construction from two (2) years to four (4) years from the execution of the Agreement. 8_I. REIMBURSEMENT AGREEMENT/MIRACLE LEAGUE OF DELRAY BEACH, INC.: Approve a Reimbursement Agreement between the City and Miracle League of Delray Beach, Inc. in the amount of $250,000.00 for construction costs of the Miracle League Field. 8_J. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Approve the Analysis of Impediments to Fair Housing Choice (A~ required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. 8.K. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3.2009. 8.L. DONATION/COMMUNITY NEIGHBORHOOD HELPING, INC.: Approve the donation of two (2) used City Crown Victoria cars to Community Neighborhood Helping, Inc. 8.M. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/S.W. 7Tx AVENUE: Approve and accept aright-of--way deed between the City and Carolyn Young, for property located along the east side of S.W. 7~ Avenue. 8.N. SPECIAL EVENT REQUEST/4th ANNUAL LYMPHOMATHON SK WALK: Approve a special event request to endorse the 4~ Annual Lymphomathon SK Walk to be held on Saturday, March 28, 2009 beginning at 5:30 a.m., for set up, until approximately 10:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the sidewalks along A-1-A, to authorize staff support for traffic control and to waive parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m.; contingent upon the receipt of a hold harmless agreement and -4- O l /20/09 certificate of event liability insurance. 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 5, 2009 through January 16, 2009. 8.P. AWARD OF BIDS AND CONTRACTS: 1. AGENDA AS ITEM 9.A.A.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR 2. Contract award to Pristine Water Solutions in an estimated amount of $110,000.00 for the remainder of FY 08-09 for the purchase and delivery of Poly Phosphate at $1.29 per pound. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 3. Contract award to Beck's Towing & Recovery, Inc. with annual franchise fees to be paid to the City in the amount of $162,400.00 for wrecker/towing services for the Police Department. Mr. Bernard moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FINAL SUBDIVISION PLAT APPROVAL/CENTRES DELRAY BEACH: Approve a final subdivision plat for Centres Delray Beach, a two (2) lot retail site associated with a proposed CVS Pharmacy Development, located between N.E. 6~ Avenue (northbound Federal Highway) and N.E. 5 Avenue (southbound Federal Highway), south of N.E. 8~ Street (George Bush Boulevard). Deputy Vice Mayor Eliopoulos stated one of the things that went through the approval process was with regards to the CVS project (the north part of the site). He stated they have aturn-a-round lane which after the right-of--way dedication is given to George Bush the actual turn lane for the drive-thru will be approximately one foot off the property line. Deputy Vice Mayor Eliopoulos stated normally there is a five foot buffer for landscaping and expressed concern whether or not there are other waivers and/or agreements that have been made with regards to landscaping. Paul Dorling, Director of Planning and Zoning, stated there have been no agreements made; however, there is some ground cover and some hedge material as well as two holly trees in that area that will have to come before the Commission for a landscape agreement to place that material in the one foot that is on their property and the right-of--way of the City. Mr. Dorling stated this is something that the Commission will have to address at the site plan stage. He stated the plat is one of the conditions of the -5- O l /20/09 site plan and this agreement would be another condition that they will need to address in the future. Mr. Bernard moved to approve Item 9.A.A., seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. CONTRACT AWARD TO CONSERV BUILDING SERVICES IN THE AMOUNT OF $46,894.00 FOR CITY HALL HVAC SYSTEMS REPAIR. FUNDING IS AVAILABLE FROM 334-6112-519-64.90 (GENERAL CONSTRUCTION FUND/OTHER MACHINERY/EQUIPMENT) Richard Hasko, Director of Environmental Services, stated this item is a request for approval of the purchase of replacement parts for the City Hall A/C system. Staff initially had a capital project for this that was going to be proposed in this year's CIP (Capital Improvement Program). Mr. Hasko stated the City did about half of the estimated costs of the work last year when we updated the computer software that operated the system. He stated that allowed the City to reduce the capital impact this year and that is to complete that work. Deputy Vice Mayor Eliopoulos stated he wanted to know more of the history of this with regards to bidding and how the City came to selecting this company. Mr. Hasko stated ConServ is the City's current annual HVAC vendor and those contracts are either bid annually or extended (in each contract the City Manager has the authorization to extend for usually a period of three years or two extensions). Mr. Fetzer moved to approve Item 9.A.A.A., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.A. WAIVER REQUEST/PUGLIESE OFFICE BUILDING: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design Standards Matrix", for signs on the Pugliese Office Building located at 101 Pugliese Way. (Quasi-Judicial Hearing) Deputy Vice Mayor Eliopoulos read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi- Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Deputy Vice Mayor Eliopoulos asked the Commission to disclose their ex parte communications. Mr. Bernard stated he received a telephone call from Meryl Steinberger. Deputy Vice Mayor Eliopoulos stated he received a telephone call from Meryl Steinberger. Mr. Fetzer stated he received a telephone call from Meryl Steinberger. -6- O l /20/09 Lula Butler, Director of Community Improvement, entered the file into the record. Mrs. Butler stated the item before the Commission tonight is consideration of a waiver to the Land Development Regulations Section 4.6.7(E)(7) pursuant to the request by the agent for the Pugliese Office Building located at 101 Pugliese Way. This item was considered by the Site Plan Review and Appearance Board (SPRAB) at their meeting of December 10, 2008. The applicant is requesting to exceed the maximum 160 square feet allowed per sign and increase the sign copy to 202.5 square feet. SPRAB voted 3 to 2 supporting the applicant's request. Mrs. Butler stated the City needs to consider the impact of this and staff is not able to support it because they feel that this would be setting a precedent. Staff's position was that the sign could come into compliance by all of the copy being on one line on the east elevation. The owner is requesting permission to separate their sign having one at the top of the east elevation and the other one below the windows. Mrs. Butler stated in this instance it could be perceived as it being two signs on an elevation. She stated if the Commission wishes to support the waiver request, staff would ask that they consider whether or not allowing two signs on the same elevation would set a precedent. Mrs. Butler stated this elevation does face the railroad tracks; however, staff recommends denial. Robert E. Basehart, AICP, Executive Vice President for Planning & Develoument for the Pugliese Comuany and Vice President for Planning & Develoument for Destiny, Pugliese Coruorate Center, 101 Pu~liese's Way, Suite #200, Delray Beach stated their office building is located on the north side of N.E. lst Street adjacent to the west side of the Florida East Coast Railroad tracks. Mr. Basehart believes that this is a special situation and stated they are not asking for more square footage for the sign than the Code normally allows. He stated the reason the waiver is needed is because of the way the calculations are done. Mr. Basehart stated the window area between the top and the bottom of the sign has to be counted into the square footage. He stated there are special circumstances and it is absolutely necessary that they have signage on this side of the building. Mr. Basehart stated both companies have a lot of visitors and clients that come to the building and the only way to get there is to go west on 1st Street because it is a one-way street so virtually all the traffic coming to this building is coming from the east and without proper identification people miss the building and get lost in the neighborhood. He stated he feels this is a good thing for the City as well because it is a traffic safety issue. Mr. Basehart stated this is actually a matter of aesthetics. He stated staff has indicated that if they put all the copy on the top of the windows that the sign would meet the requirements of the Code. Mr. Basehart stated they are very interested in appearance, design, and attractiveness and attention to design and detail is extremely important to Mr. Pugliese. Mr. Basehart stated that putting the copy on top of the building does not provide a good balance and does not provide the most pleasing appearance that can be accomplished and designing the locations of the signs the way proposed does that. Mr. Basehart stated the sign code recognizes that there is occasionally a need to consider altering the normal requirements of the Code and it establishes criteria and feels that they clearly meet all the criteria. Mr. Basehart distributed pictures from the windows to show what the land use looks like to the east of their property. Mr. Basehart stated they do not believe that this is setting a precedent and -7- O l /20/09 feels that this is a unique building, a unique design and appearance, and a unique set of circumstances. He reiterated that there are two major companies in the building and they like the location and being corporate citizens of Delray Beach. Mr. Basehart stated they are proud of what they do and they would like to have the logos for their two companies present on the building. He stated another reason they do not feel it is appropriate to put the entire copy on the top of the windows is because the designs are different. Mr. Basehart stated the sign represents the logo of the two companies and are not the same in appearance so he does not feel that proper balance and aesthetic appeal would be accomplished by putting both on top of the windows. Deputy Vice Mayor Eliopoulos stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Fetzer stated he understands staff's position on their recommendation; however, he feels there are some special circumstances involved in this particularly due to the location of the signs facing the railroad tracks. Mr. Bernard echoed comments of Commissioner Fetzer and stated aesthetically with the two different companies it makes sense to have them the way it is and he does not feel that the Commission is setting any special privileges tonight. Deputy Vice Mayor Eliopoulos stated he supports the waiver request; however, he would like to set some examples of what we want to make sure that we don't have in the future. He stated when he looks at this he looks at a building and typically a building is designed and has signage in a certain spot. Deputy Vice Mayor Eliopoulos cautioned the Commission because in the future you don't want to have a situation where someone wants to start putting signs every which way. He assumes that the applicant will be happy with the signage location should in the near future our roads become two- ways. Deputy Vice Mayor Eliopoulos stated he believes that staff is looking at this the way they typically would with regards to the area and he agrees with the applicant that normally you would not be looking out the windows as part of the calculations. He stated because of the environment where it is facing the railroad tracks he can support this one. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 9.B. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. -8- O l /20/09 9.C. SITE PLAN EXTENSION REQUEST/ROBOTIC SPACE SAVERS: Consider a request to extend the site plan with SAD (Special Activities District) approval to construct aself-storage facility for Robotic Space Savers, located on the southwest corner of Military Trail and Conklin Drive. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Deputy Vice Mayor Eliopoulos asked the Commission to disclose their ex parte communications. Mr. Bernard stated he received a telephone call from Meryl Steinberg. Deputy Vice Mayor Eliopoulos and Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-144 into the record. Mr. Dorling stated this is a request for a site plan extension for aself- storage facility known as Robotic Space Savers and it is being processed pursuant to LDR Section 2.4.4(F)(1) and (3). The subject property is 0.99 acre property located on the south side of Conklin Drive on the west side of Military Trail just north of Lake Ida Road. Mr. Dorling stated this was originally approved and considered as part of an SAD (Special Activities District) ordinance. He stated this was originally recommended for denial and was overturned by the City Commission on July 11, 2006. Subsequently, the SAD ordinance incorporated that site plan and to date no construction has commenced. Mr. Dorling stated the Land Development Regulations talk about looking at this under Section 2.4.4(F)(3) which requires an analysis of the LDRs to make sure no changes have occurred since the approval. The finding is that no changes to the LDRs would affect this site plan. As part of his extension request, the applicant has given a reference to difficulties in the market in financing due to the general slump in the general economy today. The request is for an 18 month extension that would extend the approval through August 6, 2010. Staff recommends approval of this request. Robert E. Basehart, AICP, Executive Vice President for Planning & Develoument for the Pu~liese Comuany and Vice President for Planning & Develoument for Destiny, Pu~liese Coruorate Center, 101 Pu~liese's Way, Suite #200, Delray Beach (Auulicant), stated they submitted their request for the extension with their justification. He stated they are pleased that staff agrees with their justification and is supporting the application. Deputy Vice Mayor Eliopoulos stated if anyone from the public would like to speak in favor or in opposition of the site plan extension request, to please come forward at this time. There was no cross-examination or rebuttal. -9- O l /20/09 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Bernard moved to adopt the Board Order as presented (approving the site plan extension until August 6, 2010), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.D. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. 9.E. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. 9.F. SETTLEMENT OFFER IN SHARMAR FRANKLYN v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $17,500.00 in Sharmar Franklyn v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. The City Attorney stated this is a settlement in the case of Sharmar Franklyn v. the City of Delray Beach. This stems from an event with a police canine dog in April 2008. The City Attorney stated the amount of the settlement is $17,500.00 and staff recommends approval of the settlement. Mr. Fetzer moved to approve the Settlement Offer in the amount of $17,500.00 in Sharmar Franklyn v. the City of Delray Beach, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.G. SPECIAL MEETING DATE/INDEPENDENT REVIEW PERSON: Setting a special meeting date for the selection of a person to conduct independent review of City bonding procedures, practices and communication practices. The City Manager stated Commissioner McDuffie stated he would not be available on Thursday, January 29, 2009. After brief discussion, Mr. Bernard suggested that the Commission hold the Special Meeting at 5:30 p.m. prior to the Roundtable Meeting which begins at 7:00 p.m. Mr. Fetzer moved to approve a Special Meeting to consider Item 9.G. at 5:30 p.m. on Tuesday, January 27, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. -10- O l /20/09 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Commissioner Fetzer moved to reappoint Albert Richwagen as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2012, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9_I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). The City Attorney stated the Mayor's appointment was deferred from the last meeting and because of the Mayor's absence and according to the Commission's local rules, the appointment can only get deferred once. Therefore, the appointment would fall to the next person in the rotation (Deputy Vice Mayor Eliopoulos) according to the local rules. Deputy Vice Mayor Eliopoulos stated he wished to defer his appointment to February 3, 2009. Mr. Fetzer so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9_J. APPOINTMENTS TO THE PARHING MANAGEMENT ADVISORY BOARD: Appoint two (2) Citizens-at-Large Representatives to the Parking Management Advisory Board to serve two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Deputy Vice Mayor Eliopoulos stated he wished to reappoint Nancy Schneider as a Citizen-at-Large Representative to the Parking Management Advisory Board to serve a two (2) year term ending July 31, 2011. Mr. Fetzer so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. Mr. Fetzer stated he wished to defer his appointment to the next regular meeting of February 3, 2009. Mr. Bernard moved to postpone Item 9.J., Commissioner Fetzer's appointment, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. -ll- O l /20/09 At this point, the time being 6:42 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 04-09: City initiated ordinance amending Chapter 32, "Departments, Boards and Commissions", Section 32.09, "Expiration of Terms; Commencement of Terms", in order to substitute "Board of Adjustment" for "Board of Construction Appeals" and to update the references to other Boards. If passed, a public hearing will be held on February 3, 2009. The caption of Ordinance No. 04-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF TERMS", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS" AND TO UPDATE THE REFERENCES TO OTHER BOARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated this is really a housekeeping measure. The City Attorney stated the City no longer has the Board of Construction Appeals and their duties have been combined with the Board of Adjustment. Terrill Pyburn, Assistant City Attorney, stated there is also a reference made to the Community Appearance Board which is now the Site Plan Review and Appearance Board (SPRAB). Ms. Pyburn stated staff updated that as well. Mr. Fetzer moved to approve Ordinance No. 04-09 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. OS-09: City initiated ordinance amending Ordinance No. 43-03 in order to include a new study regarding retail-only adult entertainment establishments in the legislative history of the ordinance. If passed, a public hearing will beheld on February 3, 2009. -12- O l /20/09 The caption of Ordinance No. OS-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY ADULT ENTERTAINMENT ESTABLISHMENTS IN THE LEGISLATIVE HISTORY OF THE ORDINANCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. OS-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated they really need to do this and this is done whenever staff finds a new study that supports the ordinance. She stated the City always wants to make sure that the adult entertainment ordinance is always up-to-date. Terrill Pyburn, Assistant City Attorney, stated this was a new study that came out in June 2008 and it pertains to retail only adult entertainment establishments. Ms. Pyburn stated the City did not have any studies that addressed that issue and because this just came out and that ordinance was passed in 2003, staff felt that it would be prudent to update the ordinance at this time. Mr. Bernard moved to approve Ordinance No. OS-09 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the public. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager stated at the last meeting there was an inquiry about hanging up former Mayor Perlman's picture in the Commission Chambers. The City Manager stated there is a place for it and staff is working on obtaining a black and white picture to be consistent with the other pictures that are hanging up on the wall. He stated Nancy King has been out for medical reasons and has normally kept up with that kind of thing; however, staff will get a picture up within the next few days. -13- O l /20/09 11. From the Public. 11.B.1. John Gwynn stated the Boy scouts from Troop #304 are present this evening earning their communications badge and they had to attend the City Commission Meeting this evening in order to complete that. Mr. Gwynn thanked the City Commission for having them this evening. At this point, Mr. Harden stated he received written comments from Pauline Moody which she asked him to put into the record regarding three items. Ms. Moody expressed concern over security at the tri-rail station and that the private security they have there has not been adequate. The City Manager stated Ms. Moody asked that the Police Department take a look at it and see if we need to increase security in that location. The City Manager stated Ms. Moody also had a complaint about the lack of restroom facilities at that tri-rail stop and noted that staff will contact the County and tri- rail about that. Also, the City Manager stated Ms. Moody stated that her bicycle was stolen when it was at the tri-rail station and she is dissatisfied with the way the Police Department has handled that. The City Manager stated staff will follow-up on that issue. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13.A. City Manager The City Manager had no comments or inquires on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Bernard Mr. Bernard stated it has been a long weekend and noted that there were so many events to celebrate (i.e. Dr. Martin Luther King, Jr. Day and the Inauguration of President Barack Obama). He thanked all of the people who participated and the churches who were involved and stated everyone did a great job in terms of preparing for this weekend. 13.C.2. Mr. Fetzer Mr. Fetzer stated he enjoyed all the events over the weekend and noted that everything was very nice. -14- O l /20/09 13.C.3. Deputy Vice Mayor Eliopoulos Deputy Vice Mayor Eliopoulos echoed comments expressed by Commissioner Bernard and Commissioner Fetzer. He stated the events with regard to Pompey Park for the Inauguration Celebration and Dr. Martin Luther King, Jr. had a great turnout. Deputy Vice Mayor Eliopoulos stated this shows how the city comes together with spirit in celebrating. Secondly, Deputy Vice Mayor Eliopoulos stated with regards to the Bond Issue and recent situations that have occurred with County Commissioner Mary McCarty and the investigations, outside counsel has gone beyond what the Commission was requesting which was basically three experts to review the City's policies and procedures. He stated the Commission actually received nine (9) and one of the things during this process was that he was contacting people last week and a lot of them were out on the road and were not able to get access to their resumes in order to send in for this Commission to review. Deputy Vice Mayor Eliopoulos stated there has been a lot of scrutiny on how the City is proceeding with this. He stated it comes up in the newspapers about the All-America City and feels that if you really look at what an All-America City is about and you find out what is required to meet those qualifications, you will find out that typically the Cities that are awarded with this prestigious award is how they handled problems and/or issues within their City. Deputy Vice Mayor Eliopoulos stated the City of Delray Beach received that award twice. He stated that this Commission is acting responsibly in the fact that not only have they consulted outside counsel, but they have read all the documents and he feels this is the proper way in that we need to look at the City's policies and practices and handle it with the proper information and the expertise that we are requesting outside. Deputy Vice Mayor Eliopoulos stated it is very important that people understand what this procedure is about and the Commission really needs to find out all the facts before making any decision. He stated he stands by this Commission and the way they are proceeding with this issue. At this point, the time being 6:52 p.m., the Commission took a ten minute recess. At this point, the time being 7:01 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 01-09 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service Storage Facilities (SSSF)" and Subsection (J), "Gasoline Station", to revise and/or clarify parking requirements for these uses; Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", and Section 4.4.29, "Mixed Residential, Office and Commercial -15- O l /20/09 (MROC) District", to change the parking requirements for business and professional offices within these zoning districts and to expand the area subject to special parking requirements within the CBD zoning district; amending Section 4.6.9, "Off-Street Parking Regulations", to modify how fractions are rounded, to change the parking requirements for business and professional offices and to clarify the parking requirements for other uses; amending Appendix "A", "Definitions", to enact new definitions for "Gross Floor Area" and "Net Floor Area". The caption of Ordinance No. 01-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (A), "SELF-SERVICE STORAGE FACILITIES (SSSF)" AND SUBSECTION (J), "GASOLINE STATION", TO REVISE AND/OR CLARIFY PARKING REQUIREMENTS FOR THESE USES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (H), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARKING REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", TO MODIFY HOW FRACTIONS ARE ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND -16- O l /20/09 PROFESSIONAL OFFICES AND TO CLARIFY THE PARKING REQUIREMENTS FOR OTHER USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFINITIONS FOR "GROSS FLOOR AREA" AND "NET FLOOR AREA"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the Chamber of Commerce Economic Development Committee came before the Commission at the end of the year with some recommendations for some changes and some basic incentives for office development in the City. Mr. Dorling stated the motion was to reduce the parking requirements for office development to provide these incentives. The changes that are incorporated into the ordinance fall into four areas: (1) expands the area that allows one space per 300 gross floor area from one block north and south that currently exists north and south of Atlantic Avenue, (2) changes the requirements to base it on net versus gross floor area, (3) a change to allow parking spaces or fractions thereof to be rounded up, and (4) includes the definition of gross floor area and net floor area. The Downtown Development Authority (DDA) considered this at their meeting and recommended approval; at its meeting of December 10, 2008, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment; at its meeting of December 11, 2008, the Community Redevelopment Agency (CRA) recommended approval; at its meeting of December 16, 2008, the Parking Management Advisory Board (PMAB) voted 8 to 1 to recommend approval of the proposed text amendment and at its meeting of January 7, 2009, the Pineapple Grove Main Street (PGMS) unanimously recommended approval. Deputy Vice Mayor Eliopoulos asked Mr. Dorling if he had a chance to review the item on page 9, (4)(D) Parking Requirements of the ordinance. In response, Mr. Dorling stated (4)(D) talks about allowing one (1) parking space per 300 square feet of total net floor area and there is an additional reference to allowing this to be further reduced to one (1) parking space per 400 square feet when dealing with a mix of residential office. He stated that is under the RO (Residential Office) section. The current credit given mixed uses only applies to CBD (Central Business) District and MROC (Mixed Residential, Office and Commercial) District, GC (General Commercial) District and PC (Planned Commercial) District. Mr. Dorling stated this extends that same relief to the OSSHAD (Old School Square Historic Arts) District and the RO (Residential Office) District. -17- O l /20/09 Deputy Vice Mayor Eliopoulos declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 01-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 01-09 on Second Reading/Second Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 02-09 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Section 4.7, "Family/Workforce Housing", by enacting a new Subsection 4.7.9(0), to allow non-eligible occupants to occupy workforce housing units under certain conditions. If passed, a second public hearing will be held on February 3, 2009. The caption of Ordinance No. 02-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.7, "FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL PROVISIONS, BY ENACTING A NEW SUBSECTION "O" TO ALLOW NON- ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately- initiated amendment to the workforce housing element of the Land Development Regulations. Mr. Dorling stated the City has a workforce housing ordinance that requires between 20%-25% of units to be designated for workforce housing when the Commission approves an increase in density. He stated this ordinance would deal with concerns over that percentage remaining vacant due to the inability to find eligible applicants. This ordinance provides some flexibility. Mr. Dorling reiterated that this is privately-initiated for one specific project off Depot Road. This ordinance requires a commitment to continually market the workforce housing units and this particular project introduces -18- O l /20/09 some flexibility if these units remain vacant for 45 days. Mr. Dorling stated this basically allows them to rent the units at a market rate (rental rate) and the difference between the workforce rental rate and the market rate would then be donated to the City into the Delray Beach Housing Trust Fund that would be utilized to accommodate other workforce housing options. Mr. Dorling stated this gives the applicant the flexibility if they are unable to lease the units rather than remain vacant they could cash out to the City and the City could use that money to accomplish the workforce component. The original version of this ordinance contained language that stated at least 15% of those would have to remain for workforce units and be leased to workforce applicants and this would allow the 10% to be cashed out. The applicant has not included that in the current ordinance and their rationale is that it creates some financial issues for them because there is a potential that if they were unable to find workforce housing candidates that they could have 15% vacancy. Mr. Dorling stated he does not feel that they will have any trouble finding workforce housing candidates. He stated while this is aprivately-initiated amendment and they have concerns with their project, it is to the workforce housing component of the LDRs and it would apply city-wide. Mr. Dorling expressed concern that we take their project's specific concerns and apply it city-wide. Staff recommends that the 15% minimum be part of this ordinance and that this ordinance be amended to accommodate that. At its meeting of December 8, 2008, the Planning and Zoning Board recommended approval with a vote of 7 to 0. Mr. Dorling stated the Board had additional language which is contained in recommendation #2 (provide language to require that when non-eligible candidates rent workforce units, such units become non-workforce, and future vacant units change from non-workforce to workforce units, with a maximum of 25% being maintained as workforce). Mr. Dorling stated both recommendations are on page two of the staff report. Staff recommends continuing this ordinance and amending it appropriately. Deputy Vice Mayor Eliopoulos declared the public hearing open. Charlie Putnam, Charles Putnam & Associates, Inc., 4722 N.W. Boca Raton Boulevard, Suite C106, Boca Raton, FL 33431 (Land Planner for the Historic Deuot Square uroiect), introduced himself as the Applicant. Michael Listick, 190 S.E. St'' Avenue, Delray Beach, stated there are two points to staff's recommendation; one is the 15%. Mr. Listick stated staff stated they do not believe they would have trouble finding workforce housing candidates. He stated if they have trouble everyone will have trouble and noted if you deal with banks and the market it is trouble. The other point is the additional language that was put in by the Planning and Zoning Board. Mr. Listick stated he agrees with the concept; however, does not feel that it requires a postponement. Mr. Listick stated it is his understanding that it would be legal to clarify the language of recommendation #2 to cover the concept which they agree with and then go on to the second reading next week. -19- O l /20/09 There being no one else from the public who wished to address the Commission regarding Ordinance No. 02-09, the public hearing was closed. The City Attorney stated if we have the general consensus and the Commission would like to add that we can work on refining the language between first and second reading. Recommendation #1 provides a minimum of 15% and recommendation #2 if you go to non-eligible candidates (they don't have income restrictions) then you have to open up new units for that purpose. The City Attorney stated there is no minimum but there is a maximum of 25% being workforce. The City Attorney stated if the Commission adopts a 15% minimum then you have a minimum and a maximum. Mr. Fetzer asked for clarification from staff that we did add this provision of the minimum of 15% and this would apply to any development of this nature that provides workforce housing units on a rental basis. In response, Mr. Dorling stated it would but in this case it reflects the ability for them to cash-out for 10%. He stated while the 15% could be applied specifically to this project the intent here was there be 10% available for this cash out. Mr. Dorling stated most other projects require 20%. Mr. Fetzer asked if the 15% provision was in the ordinance when this was considered by the Planning and Zoning Board. In response, Mr. Dorling stated the 15% provision was not in the ordinance when this was considered by the Planning and Zoning Board. Mr. Fetzer stated if the Commission was to add this would this have to go back to the Planning and Zoning Board. The City Attorney stated the Planning and Zoning Board did not place a 15% minimum but they did suggest the language in recommendation #2. Mr. Bernard stated if the Commission approves the 15% minimum tonight can the Commission decide to change that at second reading. The City Attorney stated there has been recent case law that allows more flexibility in second reading because it is a general subject matter and it is okay. Deputy Vice Mayor Eliopoulos stated for the record he was contacted by the Applicant and he spoke to Mr. Dorling today. He stated in reading the papers and considering what the State is doing with affordable housing and going after CWHIP Funds and saying that there is plenty of affordable housing out there now, Deputy Vice Mayor Eliopoulos stated although he concurs he feels staff is correct in the sense that he does not want to be short sided and we need to be looking at this in making sure that we have things set in the LDRs for affordable housing. If we do not require the 15% minimum then that would be for all affordable housing projects in town. Mr. Dorling stated that would allow the cash-out option to be 25% of the units here and 20% in most other cases. Deputy Vice Mayor Eliopoulos stated he is fine with not making this requirement of 15% because of the fact that we are going to have the Delray Beach Housing Trust Fund with the Community Improvement Department monitoring it. -20- O l /20/09 Deputy Vice Mayor Eliopoulos, Commissioner Bernard and Commissioner Fetzer concurred that they are comfortable with not requiring the 15% minimum. Commissioner Fetzer stated recommendation #2 is something that needs to be incorporated but he is okay with not putting the minimum 15% in there. Mr. Bernard moved to approve Ordinance No. 02-09 on First Reading/First Public Hearing with the additional language as recommended in #2 (approving the general concept) of the staff report with slight modification to the language, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 10.C. ORDINANCE NO. 03-09: City initiated amendment to the Land Development Regulations (LDR) Section 8.5.1., "Establishment of Public Arts Program," to provide that the City may contribute funds through the Public Arts Program to other entities in order to help fund public art. The caption of Ordinance No. 03-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION (C), "OWNERSHIP AND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP FUND PUBLIC ART; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 03-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amends the LDRs to allow the City to contribute funds to an entity that is developing artwork for either public or private property they do not own. Mr. Dorling stated this would require an agreement to be approved by the City Attorney to assure that this art remains visible to the public if it is going to be partially funded with public money. -21 - O l /20/09 At its meeting of December 8, 2008, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Mr. Dorling stated there was a question at the last meeting about the genesis of this and he believes that all of the Commissioners got a memo from the City Attorney's office with respect to where this amendment came from. Mr. Dorling stated it was requested by the Public Art Advisory Board as a response to a presentation made by the Community Redevelopment Agency (CRA) to provide additional flexibility. Staff recommends approval. Deputy Vice Mayor Eliopoulos declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 03-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 03-09 on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. There being no further business, Deputy Vice Mayor Eliopoulos declared the meeting adjourned at 7:24 p.m. City Clerk ATTEST: DEPUTY VICE MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 20, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk -22- O l /20/09 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 23 - O l /20/09 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA SIGN WAIVER REQUEST FOR THE PUGLIESE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow one wall sign, which exceeds the maximum square footage allowed on the east elevation of the building, has come before the City Commission on January 20, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for The Pugliese Building located at 101 Pugliese Way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(E)(7) states that one wall sign is allowed per elevation, not to exceed one hundred sixty square feet (160 sq. ft.) The Applicant has requested a waiver from this requirement to increase the sign copy to two hundred two and a half square feet (202.5 sq. ft.) on the east elevation. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(6)(5) subject to the conditions, if any, listed below? N/A Yes / No 1 January 20 2009 Regular Commission meeting; Item 9.A. i~ 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 4.6.7(E)(7), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 20th day of January, 2009, by a vote of 3 in fa opposed. c~ --.. , VICE MAYOR, NEI:SON MI Chevelle Nubin, City Clerk 2 January 20 2009 Regular Commission meeting; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR SITE PLAN APPROVAL GRANTED TO ROBOTIC SPACE SAVERS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named site plan extension request has come before the City Commission on January 20, 2009. 2. This site plan extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the site plan extension request for Robotic Space Savers. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated . Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes 3 No 0 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; January 20, 2009 Regular Commission Meeting; Item 9.C. O (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes 3 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the site plan extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. 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. 9. Based on the entire record before it, the City Commission approves / denies the site plan extension request to allow the previous site plan approval, subject to the original conditions of approval, to be valid until August 6, 2010. The City Commission hereby adopts this Order this 20'h day of Janu~,,2009~, by a vote of 3 in favor and 0 opposed. ATTEST: vicE ~yoR, ~bsoN s. `\ , C~ • ~\ Chevelle Nubin vJ City Clerk January 20, 2009 Regular Commission Meeting; Item 9.C. 2 SPECIAL MEETING JANUARY 27, 2009 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, January 27, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Vice Ma~~or Woodie B. McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Rube, CitS~ Attorne~~ Chevelle D. Nubin, CitS~ Clerk Mayor Rita Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. SELECTION OF AN INDEPENDENT REVIEW PERSON: Select an independent person to review CitS~ bonding procedures, practices and communication practices. Ma~~or Ellis stated the item for review is the selection of an independent review person and everyone received packets from the organizations that the consultant, Mr. Leonard Carson, provided. She stated at this point we have the list of qualifications of 9 particular specialists and we need to decide how we are going to narrow this down to the person we have selected. Ma~~or Ellis stated there has to be some type of organization b~~ which to eliminate the persons that perhaps do not meet all of the criteria. She asked the Commission to share comments and stated she would like to use the same process that Commission used to select a commissioner for appointment. The City Attorne~~ commented if that is the process, then Commission will sign their names to the pieces of paper which will be submitted for the record. The commission discussed the ranking process (One, Two and Three) and decided to list the names of their top 3 choices. Mr. Fetzer stated Mr. Harden disclosed that he knew #9, Mr. Richard T. Wagner, and stated it was great that he disclosed this. However, he feels that this disqualifies Mr. Wagner and recommended that he not be considered. It was the consensus of the Commission to disqualify Mr. Wagner. The CitS~ Attorne~~ stated that the Commission will now select three persons from the first eight (8). Mr. McDuffie asked if the~~ should list firm names or individuals. Ma~~or Ellis stated she felt one of the most important things was the person 01/27/09 understanding the bonding process. The City Attorne~~ commented regarding the individuals and who it states will assist them. Commission proceeded to list their top three names. Ma~~or Ellis stated their lists would be folded and passed down to the CitS~ Attorne~~. Mrs. Susan Rube, City Attorne~~, recorded the lists and announced the names of the top three choices, Usher L. Brown (2 votes), Marianne F. Edmonds (1 vote), Robert R. Garner (1 vote) and Laura Krueger Brock (1 vote). Mr. Fetzer expressed concerns regarding costs; and suggested that an alternate be selected as well regarding costs. Mr. Eliopoulos discussed his earlier suggestion regarding the review person receiving the same materials as was presented to the United States Attorne~~'s Office and stated this will be a direct impact on costs. He suggested that we speak to the person about how the~~ will approach this and how soon would this be completed. In addition, he asked who will be the contact person to discuss this with the independent review person. He stated he feels Mr. Fetzer should do this since he is not currentl~~ up for reelection. It was the consensus of the Commission that Mr. Fetzer be the contact person. Mr. Fetzer stated Mr. Carson assured him that everyone who is on list made the commitment to be able to get this done before the election. He feels that once a person is selected this should be re-verified with that person. Discussion continued between the Commission and staff regarding timeframe for completion, costs and selection of two firms with one of those being the alternate. Then, Commission voted a second time from the previous four individuals identified in the first vote. The City Attorne~~ recorded the lists and announced the top choice: Usher L. Brown (2 votes) and everyone else received one vote each. The City Attorne~~ stated there were some changes regarding the voting. Mr. Fetzer moved to select as top choice to have further discussions with before finalizing the decision, Usher L. Brown, seconded b~~ Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Ma~~or Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Commission voted a third time to select a second choice (alternate). The City Attorne~~ recorded the lists and announced the results: Robert R. Garner (2 votes) and everyone else received one vote each. Mr. McDuffie moved to negotiate with Robert R. Garner should satisfactory negotiations not be reached with Usher L. Brown, seconded b~~ Mr. Bernard. Before the vote, Commissioner Fetzer clarified what he will discuss with the two individuals. Commission discussed the information that will be provided to the individuals, and communication limits with Mr. Carson. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Ma~~or Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. -2- 01/27/09 Mr. Fetzer inquired about when the Commission will get back together regarding his contact with the individuals. The City Manager stated Mr. Fetzer can contact him to say when he is ready and the meeting will be set up. Mayor Ellis adjourned the Special Meeting at 6:03 p.m. City Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, January 27, 2009, which Minutes were formally approved and adopted by the City Commission on CitS~ 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. -3- 01/27/09 WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynanuc, multicultural society. They embody our Nation s core values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, w~ must bear witness to the progress, richness, and diversity of African American achievement; and WHEREAS, the preservation and conservation of African American heritage and culture are important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that wee share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizer~s. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commi~~sion do hereby proclaim the month of February, 2009 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and country by African Americans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of February, 2009. RITA ELLIS MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 26, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 SERVICE AUTHORIZATION NO. 11/KIMLEY-HORN AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Approve and authorize the Mayor to execute Service Authorization (SA) Number 11 with Kimley-Horn and Associates, Inc. This SA is for the collection of data on the impact of reducing the number of traffic lanes along US 1 between SE 10th Street and George Bush Blvd. The cost of this SA is $38,000.00. BACKGROUND On March 19, 2002 City Commission adopted the "Downtown Delray Beach Master Plan (Master Plan). One element of the Master Plan included the reconfiguration of the US 1 one-way pair between SE 10th Street and George Bush Boulevard. In April 2008 the City took the first step toward implementation of this reconfiguration effort by installing temporary measures blocking off one lane along both northbound and southbound US 1. The temporary measures were implemented in an effort to observe how traffic, both vehicular and pedestrian, would operate under the Master Plan proposed reconfiguration recommendation. Several goals were established as part of the reconfiguration process including; increased safety, reduced vehicular speeds and delay at key intersections. The temporary modification reduced the crossing distance pedestrians have to walk when crossing US 1 at E Atlantic Avenue and provided two through lanes in both the northbound and southbound directions. Prior to implementing this modification and under a prior contract with Kimley-Horn, traffic data was collected so that a baseline could be established with regards to how the corridor operated. Data collected included: crash data, speeds, volumes, intersection turning movements and delay, with the work being performed for a fee of $30,000. This SA includes collecting the same data in an effort to complete a "before" and "after" comparison of these key traffic measures, as well as preparation and submittal of a report analyzing the comparison data and defining impacts of the modificaitons in the context of achieving the Master Plan goals previously stated. FUNDING SOURCE Funding is provided by the CRA RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: December 17, 2008 SERVICE AUTHORIZATION NO. 11 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement for general Consulting Services between the parties dated 7uly 1$, 2007. TITLE: EVALUATION OF IMPACTS FOR THE MODIFICATION OF USI CORRIDOR FROM THREE LANES TO TWO LANES -GEORGE BUSH BOULEVARD TO S.E. l0T" STREET. The City of Delray Beach {the "City") and the Delray Beach CRA (the "CRA"} have been studying the modification of the operation of the US 1 one-way pair between George Bush Boulevard and SE ] 0'~ Street. At this time the City and the CRA would like to collect data and evaluate the impacts of these changes to the traffic patterns and the impacts upon the residents and business owners in the vicinity of the project. Kimley-Hom and Associates, Ina ("ICHA" or "Consuliant'~ is pleased to submit this service authorization request to the City for providing engineering services associated with collecting data and evaluating the impacts .Our project understanding, scope of services and fee follow- PROJECT UNDERSTANDING The City adopted the Downtown Delray Beach Master Plan (the "Master Plan") on March 19, 2042- This master plan, prepared by the Treasure Coast Regional Planning Council, was the culmination of a significant effort by the City and the CRA to partner with the citizens of Delray Beach to develop a vision for growth and unification. One of the key elements of the Master Plan is the reconfiguration of US 1 and a temporary modification to the US 1 one-way pair between George Bush $oulevard and SE 10th Street. This service authorization addresses professional consulting services to collect data, evaluate the impacts of these temporary modifications and present the findings. Because the City and CRA understand the importance of educating the public on the issues and incorporating their concerns into the roadway modiftcations, an element of our services will be coordinating Public Involvement activities- Coordination with the Florida Department of Transportation (FDOT) also is essential to gain their continued support for any proposed modifications within the corridor. SCOPE OF SERVICES Task I -Data Cet7ection and Emluation of Implementation Baseline traffic data have already been collected during the peak season 2007. In order to assist the City in evaluating the impacts the implementation of the temporary plan had on this corridor, EC1BCt)_Roadway1044300604_USI-6elraylKHAFileslContractlFees1~00812185AtF11 ancrstudylPPL 20090126_dclraydatalask service agreemem 11 Task 1 oay.ancX Page 1 of 5 as compared to the previously existing situation, the following analyses will be performed during the 2009 peak season: ^ There are 15 signalized intersections along US 1 in the 18 block segment between George Bush Boulevard and 5E l Os' Street. Turning movement counts will be collected at the fallowing eleven signalized intersections during peak season after the temporary plan has been implemented: • NE Sd' Avenue / NE 4d` Street • NE 5's Avenue / NE 2"d Street • NE 5d' Avenue / NE 1" Street • NE 5'~ Avenue /Atlantic Avenue • SE 5'~ Avenue / SE 1" Street • 5E S~' Avenue / SE 2"d Street • NE 6~` Avenue / NE 4'" Street • NE 6'~ Avenue / NE 2"d Street • NE 6a' Avenue /Atlantic Avenue • SE 6a` Avenue / SE 1" Street • SE bd' Avenue / SE 2"" Street ICf-IA will then perform a level of service analysis of each of these signals in the corridor ; additionally, an evaluation of the differences between the baseline and temporary plan operations will be performed. Syrschro software will be utilized to determine the level of service in each scenario. Signal timing information wil! be requested finm the Palm Beach County Traffic Division and verified in the field at the time of traffic volume observation. ^ KI-iA will perform speed data collections at the fallowing six locations: • NE 5'~ Avenue between NE 3'd Street and NE 2"d Street • NE 5's Avenue between Atlantic Avenue and SE 1$` Street • NE 5's Avenue between SE 2"d Street and SE and Street • SE 5'~ Avenue between NE 3`d Street and NE 2nd Street • SE 5'~ Avenue between Atlantic Avenue and SE 1" Street • SE 5'" Avenue between SE 2"d Street and SE 3`~ Street Average Speed and Percentile Speeds will be calculated for the temporary plan situation and then compared to the baseline data- Crash Data for the time frame the temporary plan is in effect will be provided by the City and collected far the same intersections as identified in the April 2005 Crash Data Technical Memorandum. Using the same methodology, the intersection crash data far each of the intersections will be reviewed and a comparison of the existing and temporary plans will be performed. ^ Kf1A will use pneumatic tube traffic counting equipment to collect mid-block peak season volume and speed data at the same ten lceations that were previously collected baseline data. We will prepare a graphic describing the volumes and a summary of data collected during K5$CD_Roadway1044300004_USl-DelraylK}iA FilealCantracllFees120091218 SA#11 aacr studylPPL 20040126_delraydalatask service agreement 11 Task 1 only.docx Page 2 of S this task and we will perform a comparison of the existing volume data that was previously collected to that collected during the temporary plan implementation. At the conclusion of the temporary plan observation period, we will produce a technical memorandum summarizing our findings. This technical memorandum will include data summaries and graphics generated during our analyses of the four items above. It is anticipated that this technical memorandum will assist the City in their evaluation of the temporary plan. The [CHA project manager, senior traffic engineer, and senior landscape architect/urban planner will meet once with City/CRA staff to review the data collected and the evaluation analysis conducted in this task. At this meeting the I{HA team and City/CRA staff will discuss these results and determine how best to present the information to the City Commission. Our proposal anticipates preparation for and attendance at the following additional meetings: ^ Two meetings with City staff: ^ Two meetings with the Delray Beach CRA. ^ Two meetings with FDOT. Task 77 - Additiona! Services We will be available to provide any additional services that may be required beyond those described in Task L These services may be provided under a separate service authorization and include but are not limited to such items as the following: ^ Preparation of typical cross-sections ^ Preparation of right of way acquisition sketches or descriptions. • Providing geotechnical services. ^ Public meetings Providing detailed Maintenance of Traffic Plans. ^ Preparation of permit applications other than those noted above. ^ Attendance at any meetings not included in the Scope of Services. ^ Additional exhibits or conceptual plans ^ Professional land surveying services. ^ FIRM map revisions and associated hydraulic modeling and engineering. ^ Phase I Environmental Site Assessment. ^ Structural engineering services. ^ Signalization studies or other trafFc engineering services other those included in this scope of service. • Plans review or permit application fees. ^ Permit modifications due to Client requested plan revisions. ^ Services required by additional governmental regulations that might be put into effect after the date of this agreement. ^ Construction contract administration except as called for in the Scope of Services. These services are not included in this service authorization. K:SBCD Roadway104430U004 USl-De]ray1KHAFi]eslContranlFees12006121SSA#1laaerstudylPPL_2009012b_delraydatatask service agreement l l Task 1 on[y.docx Page 3 of 5 scxEDULE KHA will begin work upon receiving a notice to proceed from the Client. We propose the following schedule_ ^ Data Collected one month from notice to proceed. ^ Preliminary Evaluation submitted to the Client one month after data collection is complete. ^ Revision and final reports/plans completed one month after preliminary evaluation is complete. We will endeavor to meet the schedule as outlined above. It should be noted that there are elements in the schedule over which KHA has no direct control such as accommodating differing staff schedules in scheduling meetings, review time by the agencies. The project schedule will be adjusted to reflect any delay in these items. FEE AND BILLING KHA will provide labor and subconsultant effort far the services described in Task I of this scope of services for the lump sum amount of $38,000.00 as shown in the attached staffhour estimate. KHA will provide the scope of services for task II on a labor fee plus expense basis. Labor fee will be billed according to the current rate schedule, which is a part of the Agreement for general Consulting Services and subject to annual adjustment. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at L 10 times cost. An amount will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All pemutting, application, and similar project fees will be paid directly by the City. TASK DESCRIPTION FEE I Data Collection and Evaluation of Im lementation Plan $37,000 Ex uses $1,000 K:1BCD_Roadway10443040P4_itS1-DelraylKHAFi]eslContracllFecs12 00 812 1 8 SA#11 afterstudylPPL_2009012b_dclraydalar~ck service agreement F 1 Tank 1 only.docx Page 4 of 5 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. if the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The Consultantmay not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Witness Witness Attest: Approved as to Legal Sufficiency and Form KIMLEY-HORN AND ASSOCIATES, INC. Date By: _ (Seal} Attest: BEFORE ME, the foregoing instrument, this day of , 2009 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 2009. Notary Public State of Florida My Commission Expires: K:1gCD_Roadway104430a004_LISI-DelraySKHA PileslContractSFees12 60 812 1 8 SA#1 I afterstudylPPL_20090126_delraydatatask service agreement I1 Task 1 only.docx Page 5 of 5 M~ W M~ W 0 ~~ V 0 ~--+ ~~--+ I1 ~--~ 0 r W O .L O U Q C~ G 0 U O J ~_ C~ U (~ N m a~ 0 0 0 N N N MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 29, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 CONSULTING CONTRACT/BSCA/PUBLIC SAFETY SOFTWARE RFP PROCESS ITEM BEFORE COMMISSION The item before Commission is consideration of a proposed contract with Barry Strock Consulting Associates, Inc. (BSCA) for assistance with the Request for Proposals (RFP) process for procurement of public safety software systems. BACKGROUND Barry Strock was part of the Municipal Solutions consulting team that conducted the recent efficiency study for the City. He is currently under contract to develop a Report Card analyzing the City's financial business software and public safety software. We have in the FY 2009 capital budget some $1.2 million to purchase replacement software for dispatch and other police and fire functions. Mr. Strock has provided the City with a proposed contract (copy attached) to assist us in conducting an RFP process for the public safety software system purchase. Under this contract his firm will provide a camera-ready RFP and vendor notification letter; on-site demo script; management of a pre-bid vendor conference and other related services including his travel expenses for off-site client visits and corporate headquarter vists. The fixed fee cost of his proposed contract is $24,952. Any costs above this amount for other services will require written approval from the City. FUNDING SOURCE Funding is available from 334-2111-521-66.10. RECOMMENDATION Staff recommends approval of a contract award to Barry Strock Consulting Associates, Inc. for assistance with the Request for Proposals process for procurement of public safety software systems. Delray Beach, FL. and BSCA, Inc. -Development of a Public Safety RFP 1 of 3 BSCA Systems Consulting CONTRACT To POLICE RFP DEVELOPMENT CONTRACT City of Delray Beach Florida SYSTEMS CONSULTING C O N T R A C T BARRY STROCK CONSULTING ASSOCIATES, INC. 154 ROSEMONT STREET, ALBANY, NY 12206 FEBRUARY 2, 2009 Delray Beach, FL. and BSCA, Inc. -Development Of a Public Safety RFP 2 of 3 BSCA Public Safety Request For Proposal Contract with the City of Delray Beach BSCA (Barry Strock Consulting Associates, Inc.) with offices located at 154 Rosemont Street, Albany, NY 12206, will provide consulting services to the City of Delray Beach (hereinafter referred to as "CITY") with offices located at City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444. I. SCOPE OF SERVICE This fixed fee contract is for $24,952 inclusive and includinc of all work effort, travel time and travel expenses to provide a Request For Proposal for public safety software [i.e., police, fire, EMS, CAD, RMS, field reporting and other related applications]. There will be at least four trips planned for intake, pre bid, and on site as well as off site client visits and corporate headquarter visits. BSCA will provide acamera-ready RFP and vendor notification letter; on-site demo script; vendor mailing labels; vendor RFP notification labels; management of and MS.Powerpoint presentation at pre-bid vendor conference. II. Pa ment Terms City Provisions The City will be responsible to provide printing, duplication or reproduction services and will assume all distribution costs for sending materials to the desired parties. Payment Terms All travel time, travel expenses, and other related hours associated with this fixed fee contract are included in this fixed fee. Dollar Descri tion 14 $3,493 Upon signing contract 10 $2,495 Trr^~ ^ w,ri°*~^~ ^r ~r~* ^ ~~*° ~ ~~* Upon thirty days from contract execution 20 $4,990 Upon completion of first on-site visit 12 $2,994 Upon submission of vendor letter, mailing labels, RFP notif. Labels 24 $5,988 Upon submission of draft 9 $2,246 Upon submission of final 11 $2,745 Upon completion of Pre Bid Conference trip loo~io X24,952 Hourly Rate For only those services rendered BEYOND THE FIXED FEE DEFINED TASKS or if the contract were canceled prematurely, charges will be at an hourly rate of $165.~~ per hour plus travel time and other costs incurred during the carrying out of the duties associated with this contract. BSCA will provide a detailed itemization of all tasks and hours expended. Hourly rates will be billed as the actual time expended at 15-minute minimum intervals. Thus, for example, if 25 minutes is expended, then one half hour is billed. Billing will be as follows: On-site hours at the City or other directed sites as time is expended. Travel Hours will be billed at 60% of the time expended in traveling from BSCA Geneva [near Rochester] or Albany office in New York. Off-site hours for services rendered that are NOT ASSOCIATED WITH FIXED FEE TASKS DEFINED ABOVE to be provided for any preparation, consultation, research, analysis, evaluation, or presentations associated with this contract are billed as time is expended. Prior to incurring any costs in excess of the fixed fee defined tasks shall receive written approval from the City. Delray Beach, FL. and BSCA, Inc. -Development of a Public Safety RFP 3 of 3 III. OTHER TERMS AND CONDITIONS Limitation of Liabilities Upon execution of this contract by both parties it shall commence and be completed within 140 days. BSCA makes no representation or warranties, express or implied, with respect to the services it has or will furnish including, but not limited to, any implied warranties or merchantability or fitness for a particular purpose and assumes no liability to the City except as specifically set forth in this contract, or any mutually agreed amendments thereto. Any loss is limited to fees paid to BSCA for services rendered with this contract. The laws of the State of Florida shall govern and the venue shall be in Palm Beach County. President Barry Strock Title Date Barry Strock Consulting Associates, Inc. City Manager City of Delray Beach Title Date David Harden, City Manager Delray Beach, FL. and BSCA, Inc. -Development of a Public Safety RFP 4 of 3 Anticipated projected hours and tasks associated with this contract Below is a depiction of the assumptions, trips, planned tasks, and discounts proposed by BSCA. Delray Police SYSTEM SELECTION AND Title: CONSULTING SERVICE City of Delray Beach Barry Strock Consulting Associates, Inc. Date: 22-Jan-09 Phase Projected Hours Hourly Rate Firm Fixed Price Number Of On-Site Visits Cost For On-Site Visits 1 Management and Staff interviews 26 $165.00 $4,290 1 incuded 2 Development of RFP Documents 36 $165.00 $5,940 0 3 Pre Bid Conference $ $165.00 $1,320 1 incuded 4 On Site Software Demonstration 50 $165.00 $$,250 1 included 5 Off-Slte/COrp Site Software Demonstrations 46 $165.00 $7,590 1 included TOTALS 166 $27,390 4 Travel costs $3,800 $31,190 20% discount 0.8 $24,952 Hours include p lanning, work, & travel related hours MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 26, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 CONTRACT CLOSEOUT (C.O.NO. 1/FINAL)/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to correct the final payment value of $119,613.74, previously approved for Contract Closeout Change Order 1/Final to West Construction, Inc. for the completion of Fire Rescue Station No.4, to a corrected value of $167,437.98. BACKGROUND At the January 6, 2009 Regular Commission meeting, Commission approved Consent agenda item No. 8.E. (moved to the regular agenda as item 9.A.A.A), Contract Closeout Change Order 1/Final to West Construction for the completion of Fire Rescue Station No. 4. The total contract add amount was correctly stated as $47,824.24. The final payment amount was stated as $119,613.74, which is incorrect in that it did not include the contract add amount. The incorrect final payment value presented in the prior approval materials was a typographical error. The correct final payment amount is $167,437.98. There is no change in the previously approved values or scope of work involved with the final contract addition. Exhibit "A" attached hereto for your reference contains the complete January 6~' agenda item. FUNDING SOURCE Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire-Rescue Station No. 4) RECOMMENDATION Staff recommends approval of correction of a final payment value for Contract Closeout Change Order 1/Final in the amount $167,437.98 to West Construction, Inc. for the completion of Fire Rescue Station No.4, City P/N 2006-016 ;; ~~ NDUI~ TO: FROM: Mayor and City Commissioners ~~ Page 1 of 2 1/ Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 1, 2008 SUBJECT: AGENDA ITE1~I - REGULAR COlVIM~SSION MEETING OIi ,IAN~iARY 6, 2449 CONTRACT CLOSEOIUT (C.O. NO. ICF'INAL~/WEST, CONSTRUCTION INC./FIRE RESCUE STATION N0.4 ITEIVT REF®Itl4 COI~NIISSi®l~i This item is before the Commission to approve Contract Closeout Change Order #11F'i~eal in the add amount of X47,$24,24 and final payment in the arxaount of ~119,613.7~ to West Construction, Inc. for the corn.pletian of Fire Rescue Station Ivo.4, City PIN 2006-016. 1r3ACK~R®U?~1D The demolition and total reconstruction of the Delray Beach Fire Rescue Station No. 4 facility occurred as a result of structural damaged incurred by the 2004 hurricane season. The newly completed 10,000 square foot station consists of hurricane resistant windows, doors, louvers, apparatus bay doors and a natural gas type generator capable of powering the entire building in the event of a power outage. Amenities include a dormitory for eight, semi-commercial kitchen., dining and fitness area in addition to a confined rescue training space far the hazardous materials team. The original construction budget for this project was $3,11{,500.00. Due to favorable competitive bidding conditions in the construction industry, the project low bid was received in the amount of $2,392,275.00 from West Construction, a firm that has a superior record with the City in completing projects within budget and schedule parameters. West was awarded the contract an November 6, 2007, with a 360 calendar day construction time frame. The City realized savings in excess ~of $700,000 and received a quality construction product that was delivered three months early. Throughout the course of the project, numerous Building Department, Fire and architectural modifications were made to. the plans. The total cost of these revisions is X47,824.24, and added line items are detailed on Schedule "A" attached. Regretably, due to the pace at which the project was proceeding and an uncharacteristic lapse of oversight by staff, these additional items were not brought to either the City Manager or City Commission for prior approval in accordance with the City`s purchasing policies. While each revision resulted in added value received, and the overall cost increase was limited to 2%, well within acceptable standards for a project of this complexity, staff' acknowledges responsibility for failure to pursue proper approval for the listed revisions. As a result of this violation of purchasing policies, we are irrzplementing stricter internal controls over project expense tracking- and. pay requisition review and approval which will include hands on oversight by the Director. ~ttn Jlmiweb0071C~u~cilA~endalBlaesheet.asr~x?1temID=1724~Meetin~ID=160 12/30/2008 Pa~~ z of F11.Tl~TDING S®I1R.CE Funding is available from 334-6112-522-62.~~ (General Construction Fund/Fire-Rescue Station No. 4) C~11~MENDATI~N Staff recommends approval of Contract Closeout C~az~ge ~~reie~ ~/lF'i.~ial in the amount of X47,$24.24 and final payment in the amount of $119,613.74 to West Construction, Inc. for the completion of Fire Rescue Station No.4, City PIN 2006-016 ~. CITY ®'~' 1D~LRA'Y B1~AC)FI Clk~Ai'S'G~ ®RYIER "T® ®I~IGINAI. C®1lTI2ACT CHANGE NO. 11Final {Contract Closeout) PROTECT N0. 2006-fl16 DATE: PROJECT TITLE: Fire Rescue Station rlo. 4 TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY RI/QUESTED TO MAKE THE FOLLOWING GRANGES ITv; THE PLANS AND SPECIFIGATIOT~~S FOR THTS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRAC'T' 5TIPULATTONS AND COVENANTS. .TUSTIPTCATION: Complete changes to projecf per the attached. Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $2,392,275.00 COST OF CONSTRUCTION CHANGES PREVTOUSI,Y ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR'TO 'THIS CHANGE ORDER $? 392,275.00 COST OF CONSTRUCTION GRANGES THIS ORDER $ 47,524.24 ADJUSTED CON'T'RACT AMOUNT INCLUDING THIS CHANGE ORDER $2,440,099.24 PERCENT INCREASE THIS CHANGE ORDER 2.00% TOTAL PERCENT INCREASE TO DATE 2.00% 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. West Construction, Tnc. (Contractor to sign & seal) .............. TO BE FILLED OUT I3Y DEPARTMENT INITIATING CHANGE ORDER Funding is awailabie from account: 334-6`i 12$22-62.88 (General Construction 1=undlFire-Rescue Sfation No. 4) DEPARTMENT Enviranzxaental Services DELRAY BEACH, FLORIDA by its City Comnxission RECOMMEND: APPROVED: City Attorney FUNDTNG By: Mayor ATTEST: By: City Clerk S:IEneRdau¢\Projectsl2WG',2E366-fl1G (RP(j's - CiOk-PR03 FIL7; rv9©G-6(35 )~OFPSCIAUI?.09.OS A~eudalCO 7 Finat West GC,uoc ClRTIFIED BY Ct~ANCsE ORDER X10. 1 1 F1~16LL WEST' C0N5TRUCTl0M, lNtC. FIRir RE~CIJE 5T'ATlp~l PJO.4 PROJECT hH0 #20D6-O ~n Survey $1Z,960An BOND & INSURANCE $62,406.D0 Project management/5upervision $129,6flD,fl0 PR03ECT PHOTOS $1,440.DD TEMP. FACILITIES $7,56nA0 INDEMNIFICA'T`ION $1D.00 MDT $3,n0n.n0 GENERAL CLEAN UP $5,n4n,nD 6" LIMERDCK AT CONCRETE DRNE $19,ZDDAD CLEAR GRUB $fZ,ODD.DD EARTHWORK INC. GRADE $Z6,ZDB.DD STABILIZED SUBGRRDE $8,414.Dn SOIL TREATM ENT $1,n5D.Dn SILT FENCE $1,Znn.DD UTILITIES $95,DDn.flO LIFT STATION install $Zn,nflD.DO LIFT STATION test $5,DD0.00 ASPHALT PATH $Z0,093A0 IRRIGATION $12,924.DD STRIPING $1,Z84.Dn D CURB $10,25n.DD CONCRETE SIDEWAf„KS $6,19n.Dfl PAVERS $4 95D,DD BIKE RACK $6D4,Dfl TRASH RECEPTACLE $1,44D.DD CONCRETE PARKING $SZ,Z8S.DD CONCRETE PARKING FINISH/SAW CUT iwXPANSIDN $3D,0Dfl.Dfl MONUMENT SIGN $60D.DD LANDSCARE AND "T"REE RELOCATE $4Z,DDD.DD SOD $6,55D.nD SLAB ON GRADE $18n,nnnAD FOOTINGS $3n,ooo.oo BEAMS, COLUMNS $33,DDn.00 CONCRETE FINISH $38,4Dn,fl0 CMU $54,40p,DD STRUCTURAL STEEL $2S,D00.DD STAIR NOSING $2,4DD.Dfl SLOCKIiVG $4,8DD.Dn RODE CURB FRAMING 572D.nn SHEATHING $16,ZDD.DD WDDD TRUSSES $67,32n.Dn ROUGH CARPENTRY $8,Z73,n4 CLOSET POLES AND BRACKETS $11,4nD.nfl MILLWORK $63,600.nfl WATERPROOFING $S,SDfl.Dn ROOF INSULATION $19,Snn.nn METAL ROOFING $100,nnfl.OD ROOF DRY IN $S,DDn.On FLAT ROOF $1n,0DD.Dn ROOF HATCH $6,n0D.nD CAULKING $3,nDn.nn H.M. ODORS, FRAMES HARDWARE $48,nnn.fl0 ACCESS DOORS $2,4nnAD OVERHEAD ODORS $34,10n.DD STOREFRONT GLASS AND GLAZING $1$,30D.n4 SCH1=~lllLE ",~„ CFiAt~GE QRRE~ dVQ.1 ! FlhiAL. UUE,ST CO~iSTRtJC"i"ICSN, iFlC. Fii2t RESC!!E STATiE31V NO. 4 PfiOJECT idp #2A06-U ~o 56 57 56 59 6D 61 6Z 63 64 65 fib 67 68 69 7D 71 72 73 74 75 76 77 78 79 BD Bl 82 83 $~+ 85 86 87 8B 89 sa SHUTTERS $7,2Dfl.0D LATH AND PLASTER $66,DDD.DQ METAL STUD, DRYWALL AND FINISH $59,DOD,OD TILE $Z2,904.DD ACOUSTICAL SYSTEM $4,300.DD EPOXY FLOOR $3,800,OD CARPET AND RUBBER FLOORING $14,75D.OD PAINT $25,50D.OD LOUVERS $6,ODD,OD FLAGPOLE $3,SDQ.OD STGNAGE $16,8D0.Dfl METAL LOCKERS $7,&flD.OD FIRE EXTINGUISHERS $750.OD OPFRRBi.E PARTITION $5,5DO.OD NfIRROR AND TOI4EI' ACCESSORIES $6,8DD.0fl Equiprnent $D.OD LAUNDRY EQUIPMENT $18,D0fl.00 FOOD SERVICE EQUIPMENT $31,2DO.OD PLUMBING ROUGH $SQ,D00.D0 PLUMBING FIXTURES AND TRIM $25,600,00 FIRE SPRINKLER $38,{100.00 HVAC UNDERGROUND ROUGH $12,DDO,DD HVAC BUILDING ROUGH $$9,flDfl,00 HVRC FINISH AND TRIM $iD,D00,OD HVAC EQUIPMENT Deliver $3D,ODfl.OD HVAC EQUIPMENT INSTALL $15,flpDAD ELECTRICAL UNDERGROUNb ROUGH $50,OD0.00 ELECTRICAL BUILDING ROUGH 1st Fioor $1Z5,flDDAO ELECTRICAL BUILDING ROUGH 2nd floor $25,000.00 ELECTRICAL SITE LTGHTTNG $J.B,QOD.00 ELECTRICAL GENERATOR NATURAL GAS} $55,000A0 ELECTRICAL FIXTURES AND TRIM $45,404AD ALTERNATE 3, ADD PEDESTAL FLASHER, MAST' ARM $4D,OOD.OD ALTERNATE 4, 2" CONDUIT FOR FLASHER $4,5DD.D0 OWNER ALLOWANCE $75,DD0.00 Cantr~ct ~4ward Ama~ent $2,~92,275,D0 SCHEDULE "A," CHANGE C3RL3ER X10. 1 1 FINAL WEST CONSTRUCTIOid, IA1C, F1RtRESCUE STATION N[Q. 4 PROJECT ;hJO X2006-0_i v ~'ia;;e De~~ax~c~tt ]~.eq~is~fioe~ed Description Added v~l~e ~y: 1 Architect Additional steel reinfnrcing at outside trench drain $1,178.10 2 Architect RFI # 14- Upgrade wiring from 2D amp to 30 amp ~636.I1 3 Bldg. Dept, Add for monument sign light fixtures $8,183.79 4 Architect Electrical rev. 2/i8/G8 Overhead door {&) 3 position switches $20,427.11 5 Bldg. Dept. Lower drainage structure D1 to ref#ect revised elevation g42g,D0 6 Fire Dept. Add 500 amp transfer switch for Backup to Generator $12,861.42 7 Architect ADD/DELETE CABINETS IN RM.iG3 $318A9 8 Fire Dept. Extended the lineal footage Far overhead power pulls X322.75 9 Bldg. Dept. 83 additional fire sprinkler heads and piping required per NFPA code roof joist location $20,964,83 iG Fire Dept. Add (2} Air filtration contaminat'son units with controls in Con-idor iD5 & 114 $8,346.57 11 Fire Dept. ~i05CAD Fire Statioi3 Alerting 5ystern speakers, antennas and volume controls $1S,3.GG.G3 A2 Bldg, Dept. Additional Smoke & Carbon dioxide detectors Fire alarm work $8,812.22 13 Architect Add far low voltage, feeders and cnntrnis to air scrubbers in apparatus bay $6,137.27 14 Fire Dept. Concrete parking lot including reinforcing steel in lieu of Asphalt parking $4,4DO.OG 15 Fire Dept. Add far natural gas line to barbeque area 150 L/F of piping & acc $1,143.68 16 Bldg. Dept. Additional Floor ti§e w/in living area/kitchen $1,835.43 17 Fire Dept. Stainless backspiash in kitchen $1,256.2G 18 Bldg. Dept, Add address to monument sign Lake Ida rd, $55g,3g 19 Architect Additional Gutter and downspout per CSA detail Alleviates landscape washouts $5,837.3G 2D Fire Dept Mise. electrical adds(averide switches} rewire Bunks) override motor switches $3,076.98 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Service Director THROUGH: David T. Harden, City Manager DATE: January 27, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 AGREEMENT/ENVIRODESIGN ASSOCIATES ITEM BEFORE COMMISSION Staff requests Commission consideration of a consulting agreement with EnviroDesign Associates in the amount of $8,650 for performance of a Limited Phase II Environmental Assessment for the Old School Square Phase I site. BACKGROUND In the course of reviewing the scope of services required for development of Phase I of Old School Square Park, it was noted that the consultant provided geotechnical services to include a Phase I Environmental Assessment (EA). This activity is typically performed by the City prior to purchasing property, however, the property involved with the Old School Square Park expansion was assembled by the Community Redevelopment Agency (CRA) and transferred to the City. In an effort to assure that there was no unnecessary duplication of prior work on the site, staff contacted the CRA to see if the Phase I EA had been performed. We discovered that the CRA had, in fact, retained EnviroDesign Associates to perform a Phase I EA in 2005. While there was no visually apparent evidence of soil or ground water contamination, there was concern expressed about that potential based on the prior uses of the property which include: ^ lumber yard ^ auto repair shop ^ vulcanizing plant ^ machine/welding shop and tire service faciity ^ cleaning and laundry facility ^ Western Auto (Pierce Tire Company) Records also indicated a former underground storage tank site of a filling station approximately 50 feet south of the property. In conclusion and based on the historic occupations of the site, the report recommended further investigation in the form of a Limited Phase II EA. Since EnviroDesign, a local consultant, had performed the inital investigation, staff requested a proposal from that firm to perform the Limited Phase II EA. The scope of work includes a series of soils borings and soils sample analyses as well as both shallow and deep ground water sampling and analysis for possible contaminants. The fixed fee for this work, including preparation and submittal of a final report, is $8,650. FUNDING SOURCE Funding for this agreement is available from account # 334-4151-572-63.59, Old School Square Park Improvements. RECOMMENDATION Staff recommends approval of an agreement with EnviroDesign Associates for a Limited Phase II Environmental Assessment of the Old School Square Phase I property. Via Elnail hasko(u ci.dclr~~ti~-bcach.fl.us Mr. Richard Hasco City of Delray Beach 434 So Swinton Avenue Delray Beach, FL 33444 January 23, 2009 Re: LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT: 1.8 Acre Asphalt Paved Parking Area, NE 1st & 2nd Avenues, Delray Beach, Florida (EDA Job No. 04086/EDA Proposal No. 08091) Dear Richard: EnviroDesign Associates, Inc. (EDA) presents the attached Limited Phase II Environmental Site Assessment (ESA) to address Recognized Environmental Conditions (RFC's) identified at the above referenced property during a Phase I ESA previously completed by this office. The purpose of this investigation is to determine whether the historic land uses have negatively impacted the soil and groundwater quality beneath the Site. SCOPE OF SERVICES LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT ^ Utility Clearance Using Sunshine State One-Call ^ Provision oftrack-mounted GeoProbe, all equipment, and labor. ^ Installation of five (5) soil borings. ^ Provision of Organic Vapor Analyzer (OVA). ^ Field screening of soils samples using OVA. ^ Laboratory analyses of two (2) soil samples for: Petroleum and Metals Parameters using EPA test methods: 8260 (VOA/VOH), 8100 (PAH), and 4 RCRA Metals. Soil Samples to be collected in areas most likely to have been impacted based on fzeld observations/OT~A Analyses. ^ Collection of five (5) shallow aquifer (<20-feet) groundwater samples. ^ Collection of four (4) deep aquifer (>40-feet) groundwater samples ^ Laboratory analyses of groundwater samples at select locations using EPA test methods: 8260 (VOA/VOH), 8100 (PAH), and 4 RCRA Metals. (full list not for all test locations) ^ Preparation of a limited Phase II ESA. ^ Review of Phase II ESA by a professional engineer. FIXED FEE: $8,650.00 Based on our present work schedule it will take approximately four weeks to schedule the investigation, complete the field work, laboratory analyze representative samples, and provide a written report of our findings including recommendations as deemed appropriate by sample analyses. O:Aword-docs~PROPOSALS\2009\09006_Delray Beach Parking Lot(04086-PH2).doc 298 Pineapple Grove Way • Delray Beach, Florida 33444 Phone (56i) 274-6500 Fax (56i) 274-8558 CONTINGENCIES The scope of the Limited Phase II investigation is based on the findings of a Phase I ESA completed by this office on January 14, 2005. This assessment does not include the preparation of a Construction Dewatering Plan, Site Assessment Report (SAR), Risk Based Corrective Action (RBCA), Natural Attenuation Monitoring Plans (VAMP), Remedial Action Plans (RAP), or similar investigative measures. These services, if necessary, will be completed under separate cover. ADDITIONAL SERVICES: Services not specifically identified within this scope of services may be approved by the Client on an as-needed basis and will be invoiced in accordance with the attached hourly rate schedule or under a separate fixed-fee agreement. We appreciate the opportunity to work with you on this prof ect. Please review the proposal and give us a call to discuss the project in further detail. Sincerely yours, EnviroDesign Associates, Inc. Scot E. Wehmeyer Sr. Project Manager i ~' - Page 2 Authorization to Proceed EnviroDesign Associates, Inc. is hereby authorized to proceed with the tasks described herein for a total fee of $8,650.00. Afifty-percent (50%) deposit is due upon inception of this agreement. The remaining balance will be invoiced on an as completed basis. Final payment is due upon delivery of the final report. Standard Terms and Conditions are attached and are hereby made a part of this Agreement by reference. 2009 HOURLY RATE SCHEDULE POSITION RATE EXPERT WITNESS ..................................................................................................................$250 PRINCIPAL ............................................................................................................................... $185 PROFESSIONAL ENGINEER .................................................................................................$145 STAFF ENGINEER /REGISTERED LANDSCAPE ARCHITECT .......................................$125 FIELD OR ENVIRONMENTAL TECHNICIAN .....................................................................$110 COMPUTER DRAFTING/PLOTTING ......................................................................................$85 CLERICAL .................................................................................................................................. $45 CLIENT CORP: I hereby authorize EDA to commence with the work and terms described herein, and hereby certify that: 1. I am the owner of the real property which is the subject matter of this Agreement. (or) 2. The following is/are the owner(s) of the subj ect real property. (Provide names & addresses) Name (sign): Name & Title: ENVIRODESIGN ASSOCIATES, INC: Name (sign): Name & Title: Date: Date: ~ ,i - Page 3 AGREEMENT THIS AGREEMENT entered into this day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and ENVIRODESIGN ASSOCIATES, INC. (hereinafter referred to as EDA), provides as follows: WHEREAS, the City has requested EDA perform a limited phase II environmental site assessment on property that it had previously conducted a phase I environmental site assessment. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and EDA hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. SCOPE OF WORK. The scope of work is hereby set forth in Exhibit "A", attached hereto and incorporated herein by reference. 3. PAYMENT AND TERM. The City will pay EDA the fee of $8,650.00 upon the conclusion of the work. EDA shall complete the work within 4 weeks of the execution of this Agreement. 4. INDEMNIFICATION In consideration of ten dollars ($10.00) and other valuable consideration, EDA 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 EDA and any persons employed or utilized by EDA in the performance of this Agreement. EDA 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. EDA 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 EDA, its agents, servants or employees. EDA further agrees to defend, indemnify and save harmless the City from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the City on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the City for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate EDA to defend at its own expense or to provide for such defense, at the City's option, for 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 Agreement performed by EDA, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The City will pay to EDA the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, EDA acknowledges that the contract price includes said consideration for the indemnification provision. 5. GOVERNING LAWS; VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. INTEGRATION; AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: By: City Clerk Rita Ellis, Mayor Approved as to Form: By: City Attorney WITNESSES: ENVIRODESIGN ASSOCIATES, INC. By: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by as (name of officer or agent, title of officer or agent), of a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 26, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 TEMPORARY PARKING USE TERMINATION/PINEAPPLE GROVE, LTD. ITEM BEFORE COMMISSION Staff requests Commission approval to notify Pineapple Grove, LTD., owners of the vacant property on the north side of NE 1st Street between NE 1st Ave. and NE 2nd Ave., that the City has vacated the property and will no longer use it for temporary parking. BACKGROUND In December of 2006, the City entered into a license agreement with Pineapple Grove, LTD. for use of vacant parcels of land on the north side of NE 1st Street between NE 1st Avenue and NE 2nd Avenue for use as a temporary parking lot. The agreement was negotiated to provide temporary parking facilities for the downtown business district during the construction of the Old School Square Garage, immediately south of the vacant parcel on NE 1st Street. The City installed bollards and barricading to delineate parking banks and traffic aisles, as well as lighting to provide security for night use of the lot. Access points were opened in the existing fencing of the parcel on NE 1st street, NE 1st Avenue and the north-south alley bisecting the parcel. The license agreement required the City to remove all installed improvements and restore perimeter fencing and screening at such time as the parcel would cease to be used by the City. Since the Old School Square Garage has been operational for over a year, providing in excess of 500 parking spaces in the downtown business district, there is no further need for maintaining the temporary lot across the street, particularly since it tends to compete with the garage for parking use. At this time, all improvements installed by the City have been removed and the perimeter fencing and screening has been restored. The attached letter has been prepared to provide official notice to Pineapple Grove, LTD that the city will no longer use the property. RECOMMENDATION Staff recommends Commission authorize sending the attached notice to Pineapple Grove, LTD. DELRAY SEACH a `" ~~ s~~ ~ i ~~ ` -~ ~~ su sa ~ r_: I All-America City 3anuary 15, 2009 Pineapple Grove, LTD. 1993 c/o Mr. Louis Carbone 20D1 90 S.E. 4~' Avenue Delray Beach, FL 33483 .~3 ~yy _~ ..., Subject: Termination of temporary parking use 105-115 NE l5t Street vacant property Dear Mr. Carbone: Please accept this letter as formal notice that the City has vacated the property at 105 - 115 NE 1St Street and will no longex use said property for temporary parking purposes. In accordance with the agreement between the City and Pineapple Grove, LTD. dated December 21, 2006 (copy attached), authorizing the City's use of the described property, we have removed all equipment and temporary improvements from the property, and have restored the perimeter fencing and screening to it's prior condition. Thank you for your cooperation with the City in its efforts to provide adequate temporary parking facilities in the downtown business district during the construction of the Old School Square Parking Garage. Sincerely, Richard C. Hasko, P.E. Environmental Services Director Cc: David T. Harden, City Manager Robert Barcinski, Assistant City Manager Susan Ruby, City Attorney Scott Aronson, Parking Management Specialist _ ~ ,. s ,~~C ~v~rv1 ~/I~ f~3 ',fur\1 4~f~ I ._.. .~ AGREEMENT THIS AGREE11fJIIENT entered into this ~_ day af~e,~.1,aa~ , 200_, by and between the CITY OF DELRAY BEACA, a Florida municipal corporation, {hereinafter referred to as "City") and PINEAPPLE GROVE, LTD. (hereinafter referred to as "owner"), provides as follows: WHEREAS, the Owner owns vacant property located at 1 OS-115 N.E. 1 ~` Street that it will allow the City to use for public parking for a limited period of tune. 1Y0~'E', THEREFORE, in consideration of the mutual covenants and undertakings set Earth herein ar~d other good and valuable consideration, the receipt and Buff ciency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The above-stated recitals are incorporated as if fully set forth herein. 2. Owner shall grant to the City the license to use the Property in its "as is" condition fox a vehicle parking site for vehicle parking conuneneing immediately and extending until March 31, 2fl©? {the "License Period'}. Thereafter, the City may be allowed to use the Property until it receives notification frcsm the Owner to vacate the Property and the City shall vacate the property within ten {1©) days of receiving such notification. The area of the Property covered by this license is set forth on the Survey annexed hereto. ~. The City shall be permitted at its sole cast and expense to make any necessary improvements and temporary installations to use the Property for vehicle parking site. Any temporary installations or improvements shall be removed at the end of the license period including any surfacing that inhibit or otherwise will result in additional cost to remove to the Owner if such removal is necessary or required to construct intended improvements to the Property by Owner in accordance with the approved Site Plan far the Property. 4. The City acknowledges that if Owner requires use of the Property for engineering or geotechnical testing or studies during the License Peziod, the use of the Property {or any portion thereof for vehicle parking} may be temporarily interrupted in order to accommodate such tests or testing, 5. The Owner shall be petted to provide any signage required by it on the Site or on the 1~encing surrounding the Site as long as it is in conformance with the City's Land Development Regulations. The City aclrnowledges that such signage may reduce the number of available parking spaces. 6. The City shall be responsible to obtain and maintain any and all insurance and permits necessary far use of the Property as a parking site for itself and others and shall keep the property free of any violations during its use, 7. During the license period the City shall be responsible to maintain the Property, the surrounding fencing, adjacent sidewalks and alley and keep it free of debris. Such maintenance may include grass cutting. The City shall provide and maintain any required Iighting and safety barriers to use the Property- - ~ . 8. The City agrees to indemnify, defend and hold harmless Owner its partners, agents and affiliates from any and all injuries, claims, judgments, damages, losses to person or property, including, without limitation any and all liens(including claims of Liens), claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses, attorneys' fees and compensation or claims thereto whatsoever arising from the use of the Property under this license or for any unauthorized use up to the amount of $1,444,040.00 per occurrence. The City will name Pineapple Grove, Ltd. as an additional insured with respect to general liability. 9. The City or ether third parties utilizing the property through the City shall further indemnify Owner from any environmental damage or injury to the Property, (including but not limited to the release of fuel or other hazardous substances} resulting or arising from any improvements, installations, maintenance or use of the Property under this License and shall be responsible for all clean- upnecessary to restore the Property. 10. Any third party which will operate on the Property, through the City, under this license or with the consent of the City shall provide and maintain adequate graperty and Iiability policies of insurance {at least one million in comprehensive general liability) naming Pineapple Grove, Ltd as "additional insured" thereunder. Adequate Proof of such insurance coverage must be provided prior to use of the Property. Failure to maintain any of the foregoing insurance shall cause #his Iicense to terminate. 11. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 12. `T'his Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written, A EST: CITY O DE ACH By: ~. N~ sy: City Clerk ,1l/layor .Approved as to Form: By: Rr..~~ ~,,,~.City Attorney WITNESSES: PIN P O ,LTD. By: _ (Name Printed yr Typed} ~ ! ~ 1 STATE OF ~! f~ ~5 ~A.. COUNTY £3F e {name of officer or agent, title of officer or agent), of PINEAPPLE RYE, LTD., a state or place of incozporation) corporation, on behalf of the corporation. HelShe is ersonaily known to me or used {type of identification as i en cation. Signatzrre of Notary Pu lic The foreg©in instnunent was acknowledged before me this ~ ~ day of f , 2Qfl5, by ~{b,,~ ,t~'o ~~ bcrxcQ.... ~ as ~~ ~ Lt~+ ~v'' "c~ Notary public Stale of Ettsrrrda (}pnrtel~ pEf22 '~~ ~ ~p" My Commission OD4$963T os~ Expiresi~l2312p09 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: January 27, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/SPONSORSHIP OF CITY TENNIS TOURNAMENTS ITEM BEFORE COMMISSION Staff requests Commission approval of an interlocal agreement between the City and the CRA for the sponsorship of City tennis tournaments. BACKGROUND The CRA has agreed to contribute $500,000.00 to the City in order to assist in the sponsorship of City tennis tournaments. The CRA shall receive certain advertising promotions as set forth in the exhibit, attached to the agreement, related to the International Tennis Championships Tournament and other benefits that may be provided from other tennis stadium events. The funds shall be given to the City within 15 days of the execution of this Agreement by both parties. RECOMMENDATION Staff recommends approval of the interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH .AND THE DELRAY BEACH CONIlI+ILTNITY REDEVELOPMENT AGENCY FOR SPONSORSHIP OF CITY TENNIS TOiJRNAMENTS THIS AGREEMENT is made this day of 2009 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"}, and the DELRAY BEACH COMMiJNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 1b3, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY hosts tennis tournaments, including the International Tennis Championships, at its Tennis Stadium (the- "Tournament"); and WHEREAS, the CITY has the ability to sell sponsorships for the Tournament; and WHEREAS, the CRA wishes to purchase and the CITY wishes to sell a sponsorship for the Tournament; and WHEREAS, the CRA and the CITY find that the purchase and sale of the sponsorship for the Tournament serves a municipal and public purpose, is in the best interest of the health, safety, and welfare of the citizens, businesses, and residents of the City of Delray Beach, and is consistent with the CRA's Redevelopment Plan. NOW, THEREFORE, in considexation of the. mutual covenants -and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amount of five hundred thousand dollars ($500,000.00) for the sponsorship benefits, listed on Exhibit _- . "A", which is attached hereto and incorporated herein by reference, for the International Tennis Championships tournament, and other benefits that may be provided from other Tennis Stadium Events. Such payment shall be made to the CITY within 15 days of the execution of this Agreement by both parties. 3. The term of this Agreement shall commence upon execution by both parties and shall terminate on September 30, 2009. 4. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) ofthe Florida Statutes. 5. Na prior or present agreements or representations with regard to any subject matter contained within this Agreement. shall be binding on any party unless included expressly in this Agreemen#. Any modification to this Agreement shall be in writing and executed by the parties. 6. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force. and effect upon the validity of any othex part of portion hereof. 7. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 8. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 9. This Agreement shall not be valid until signed by the Mayor and. the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis,. Mayor City Clerk 2 Approved as to Form: City Attorney A TEST: ~~ rint Name: ~ a- ~N STATE OF FLORIDA COUNTY OF PALM BEACH C4 TY REDEV LOPIVIENT AGENCY By. (SEAL) The foregoing instrument was acknowledged before me this~J _ day of ~ ~ ~~ :~. 200; by lQ•~~~.~ L~ ~~f.~r , as Cf-~.:z ~ a ~ {name of o cer (name of corpor corporation, an produced or agent,. title of officer or agent}, of ~ ~ ~ /~ f ., ~ ~tion acknowledging), a j r~ r 1 ~ 1 (state or lace of incorporation} behalf of the corporation. HelShe is personally known to nl~e a~r has (type o I en cation) a~ identification. r Notary P lic -State of rids Ii12006106001$ DBCRAIAQMT 20041DRAFT ILA TeBnis 5pansorships 1-09 (3).doc ~ JFAN MOO1tEF7EL,D iNY GY?A#MI5SION ;IF DI3443456 ~ 6XPiRE3: Juue22,7009 ~~") ~49b.91 b9 P1orrt+. Nowy s.rww.aom EXHIBIT "A" DIAMDND "CITY" PARTN,ERSNIP IDENTIFICATION Stadium court signage (namellogo} 2 signs on stadium court 1 sign on the upper level 2"~ show court signage (namellogo) 2 signs on court 3`~ show court signage (namellogo} 2 signs on court Recognition as a Diamond "City" Sponsor an sponsor's board at tournament entrance* Recognition as a Diamond "City" Sponsor on sponsor's board prominently displayed* w Recognition as a Diamond "City" Sponsor in the Official Tournament Program "sponsors and Box Holders Boards are prominently displayed year-round at the Delray Beach Tennis Center & Stadium. ADVERTISING 1 full-page advertisement in the Official Toumament Program Namellago included in print and promotional materials produced by Match Point, Inc. where applicable (posters, ticke# brochures, etc.) M Inclusion in the Official ITC Partner Guide, distributed to all ITC sponsors, business associates, box holders and series ticket holders Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS A 10' x 10" exhibition booth to showcase sponsor's products and services, including 2 exhibitor credentials per session 1 parking pass per session 1 public address announcement per match on stadium court Assistance in designing promotions and creating toumament related marketing programs Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, Int.'s approval WEBSITE 8 "E" NEWSLETTER Recognition on Official Toumament Website (approx 500,000 visits during tournament) Link to company's Website from Official Tournament Website, 4 www.YeilowTennisBall.com "Featured Introduction" to fellow sponsors, Vies, Box Holders, and chamber members via "Official Newsletter` to approximately 6,500 recipients seven (7} times annually The Diamond "City" Partnership is valued at $1~5,OOO.QO. s MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: January 29, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 PARKING FACILITY WARRANTY/FIRST AMENDMENT TO THE GUARANTY AGREEMENT/ROBERT FEDERSPIEL PARKING GARAGE ITEM BEFORE COMMISSION The City Attorney's Office seeks approval of the Parking Facility Warranty and First Amendment to the Guaranty Agreement for the Robert Federspiel Parking Garage. BACKGROUND On April 28, 2008, after Block 77 had received numerous informal e-mail transmissions notifying it of the water penetration in the Garage, a letter was sent a letter to Block 77, Mr. Morris and their counsel formally notifying them of the City's claim under the original one (1) year Garage warranty. The original one (1) year Garage warranty is based upon the execution of various documents by Block 77 and Mr. Morris with respect to the construction and transfer of the Garage to the City. In connection with the conveyance of the Federspiel Garage from Block 77 Development Group, L.C. to the City of Delray Beach in June, 2007, Block 77 Development Group, L.C. (hereinafter referred to as "Block 77") and Mr. William E. Morris, as Guarantor, warranted and guaranteed that all work performed and all equipment and materials furnished in connection with the construction of the Garage would be of first class quality, free from faults and defects and would conform to the Contract Documents as to kind, quality, function, design and characteristics of material and workmanship specified, and that all defects would be removed, replaced, and repaired at Block 77's sole cost and expense, including without limitation, any portion of the work furnished or performed by any subcontractor (or subcontractor or supplier of a subcontractor). Mr. Morris guaranteed Block 77's performance ("Guaranty"). After Block 77 and its contractor, CB Constructors, Inc., spent many months evaluating the Garage water penetration issues to determine how to cure the deficiencies, CB Constructors, Inc. elected to retain the Crystal Group, LLC to perform the required repairs. In or about June, 2008, the Crystal Group injected epoxy sealant into the Garage walls in its attempt to cure the deficiencies. Unfortunately, water continued to penetrate into the Garage walls and floors. Before the Crystal Group was retained by CB Constructors, Inc., Block 77 discussed the proposed method of repair with the City and as an inducement to the City to agree with Block 77's method to cure the deficiencies by using the Crystal Group, Block 77 and Mr. Morris orally offered to warrant the labor and materials of the Crystal Group for a period of five (5) and ten (10) years, respectively. Based upon those representations, the City allowed the Crystal Group to perform the work in the Garage and simultaneously prepared a proposed modification to Mr. Morris' Guaranty and an additional warranty for execution by Block 77 to cover the Crystal Group work. After many discussions with Block 77's counsel, the Crystal Group was still not willing to warrant the work under the same terms that the City anticipated Mr. Morris would guarantee the repair work or Block 77 would warrant the repair work. As of this date, Mr. Morris has now executed the First Amendment to Guaranty "guaranteeing" Block 77's performance under the new Parking Facility Warranty ("PFW") which conforms to the representations made by Mr. Morris and Block 77 when the City agreed to allow the Crystal Group to effect the repairs. The PFW warrants Crystal Group's repair work. The PFW also extends the one (1) year warranty relating to the elevator an additional year as a result of the water which damaged some of the elevator components. The original Warranty and Guaranty Agreements would have expired May 30, 2007 and this Amendment extends the Warranty and Guaranty Agreements through June 27, 2009. RECOMMENDATION City Attorney recommends approval. PARING FACILITY WARRANTY TH1S PARKING FACILITY WARRANTY is made and entered-into by Black 77 Development Group, L:C., a Florida limited liability company ("BLK77") in favor of the City of Delray Beach, a Florida Municipal corporation ("City"}. RECCTALS: WHEREAS, BLK77and City are parties to that certain Public Parking Facility Construction and Conveyance and Worthing Park Contribution Agreement dated November ~ 1999 (the "Parking Facility Agreement"); and WHEREA S, pursuant to the terms of the Parking Facility Agreement,. BLK77 has constructed and has conveyed to City a public parking facility on the real property described on Exhibit "A"attached hereto and incorporated herein (the "Parking Facility"}; and WHEREAS, in conjunction with the construction of the Parking Facility, BLK77, in addition to the'Sump Pump Warranty, agreed to warrant the materials, labor and services famished far and incorporated into the Parking Facility for a period of one year after the issuance of the certificate of occupancy of the Parking Facility to he free from defects and faults, of first class quality, and confonn to the Contract Documents, ail as more fully described in the Parking Facility Agreement,, and documents executed pursuant thereto or in connection therewith, including without limitation, the Recognition Agreement dated May 26, 2U06 ("Recognition Agreement"), the Memorandum of Understanding dated lone 10, 2p07, and the Maintenance Bond farm which is attached to the Recognition Agreement as Exhibit "F", hereinafter collectively referred to as the "Original Warranty"; and WHEREAS, after the conveyance of the Parking Facility to the City and during the applicable teen of the Original Warranty, the City properly and timely notified BLK 77 of a defect in the Parking Facility, specifically, water penEtration into the ground and sui~-level of the Parking Facility ("Defect"); and WHEREAS, BLK 77 has retained The Crystal Group., LLC ("Contractor") .to correct the Defect by installing, injecting and applying an epoxy grout sealant in the joints along the slab of the Parking Facility; and WHEREAS, water which penetrated the walls of the Parking Facility damaged the elevators therein, among other components of the Parking Facility; and WHEREAS, in order to induce City to accept BLK 77's proposal to correct the Defect ,BLK77 has agreed to grant, and City has agreed to accept, an assignrrient of the Contractor's warranties and this Parking Facility Warranty subject to and upon the certain terms and conditions as set forth hereon. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other goad and valuable consideration, the receipt ofwhich is hereby.acknowledged by each party from the other, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Q ' ' al Warraa E nsion. The Original Warranty one {1) year period is extended to June 27, 2009, with respect to the Parking Facility elevators and their related equipment and component parts. 3. PF Warranty. BLK77 hereby warrants that all labor and services provided and famished by Contractor for a period of five (S} years, and all equipment and materials provided, installed, and furnished by Contractor for a period of ten (10}years; bath commencing from the completion date of Contractor's work (the " PF Warranty Period"} shall be free from defects and faults; be of first class quality, and installed, furnished and provided in accordance with all applicable codes, laws, rules, and ordinances and in a nan- negligentand good and workmanlike manner, that no water will penetrate into the sub-level or ground level of the Parking Facility and that the Parking Facility walls. will be leak free ("PF Warranty"). BLK77 agrees to repair or replace, at its sole cost and expense, any component of the Parking Facility that is defective (i.e. that does not conform to the PF Warranty) in workmanship, labor, materials, services, or parts. I~tothing contained herein shall preclude BLK77 from utilizing the Contractor's warranty. BLK77 sha13 effect any and aII repairs and replacements within ftfteen (15}days after written requestby City. No steps taken by BLK77 to correct defects shall act to extend the PF Warranty period beyond the initial term.. In addition, during the PF Warranty Period, BLK77 shall indemnify and bald the City harmless from and against any claim, damage, loss, cost or expense caused by BLK 77's breach of the PF Warranty. 4. Exclusioes from PF Warran .BLK77 does not assume responsibility for, and there is specifically excluded from the PF Warranty, any and all.iterns not specifically included herein. These exclusions include: (1} Damage due to ordinary wear and tear, abusive use, misuse or negligence; (2) Loss or injury caused by the elements, except as resulting from failure to properly correct the Defect or a5 a result of a breach of this Warranty by Contractor or BLK 77; (3) Damage due to failure of the City to perform routine maintenance on the Parking Facility, other than on the repairs made by Contractor (there being no maintenance required by City on the repairs made by the Contractor}. Privi .The PF Warranty runs in favor of only the City and is nontransferable. 6. Notices: All notices, requests, consents, demands and other conununieations required or which any party desires to give hereunder shall be in writing and shall be deemed sufficiently given or furnished if delivered .by personal delivery by nationally recognized overnight courier service, or by registered or certified United States mail, postage prepaid, addressed to the party to whom directed at the addresses as specified below (unless changed by similar Notice in writing given by the particular party whose address is to be changed). Any such notice or communication shall be deemed to have been given either at the time of personal delivery ar, in the case of courier or mail, as of the date o€ first attempted delivery. at the address and in the manner provided herein. To BLK77: Block 77 Development Group, L.C. Attn: William E. Morris, 7r., Manager c/o Southcoast Partners, Inc. 900 E. Atlantic Avenue, Suite 13 Delray Beach, FL 33483 To City: City of Delray Beach City Attorney's Office 200 N. W. 1~` Avenue Delray Beach, Florida 2 7. Severability. In case any one or mare of the provisions contained in this Parking Facility Warranty sha11 fot any reason be heEd to be invalid, illegal or unenforceable in any respect, suelx invalidity, illegality or unenforceabiIity shall nat`effect any other provision hereof, and this license shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8. Construction of this A cement. This Parking Facility Warranty is deemed to have been drafted jointly by the parties, and any uncertainty or artibiguity shall not be construed for or against either party as an attribution. of drafting to either party. 9. Reeordia~. This Parking Facility Warranty shall not be recorded without the written consent of all parties. I 0. Modification of A¢reement. No modification of this Parking Facility Warranty shall be deemed effective unless in writing and signed by all parties. 11. Waiver of Trial by Jurv. CITY AND BLK'17 HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL $Y JURY IN RESPECT OF ANY .LITICrATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS PARKING FACILITY WARRANTY, AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMEN'T'S (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. l2. THIS PARKING FACILITY INSTALLATION WARRANTY REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS ORSUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 13. Counterparts. This Parking. Facility Warranty may be executed in counterparts, each of which shall be deemed to be an original and all of which shall together constitute one and the same instrument. [SIGNATURES BEGIN ON THE FOLLOWING PAGE] 3 [N WITNESS 'WHEREOF, this. Parking Facility Warranty has been executed to be effective as afthe completion date of Contractor's work. Block 77 Development Group, L.C. a Florida limited liability company By: William E. Morris, Jr., Manager Print name: 5 The City of Delray Beach, Florida, a Florida municipal corporation By: Name; Title: Print name: EXHIBIT A LEGAL DESCRIPTION Parcel One. Ail of the Plat of WORTHING PLACE BLOCK 69, according to the map or plat thereof as recorded in Plat Baok 105, Page{s} 137, Public Records of Palm Beach County, Florida. Formerly described as: Lots 20, 2I and 22, Block 69; Subdivision of Block 69, Delray, Florida according to the map or plat thereof as recorded in Plat. Book 2, Page 43, Public Records of Palm Beach County, Florida; and Parcel Two A portion of Lot i 9 of the Subdivision of Block 59, Delray- Beach, Florida, according to the Plat thereof, as recorded in Plat Book 3, Page 45 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Lot 19, also being the Southwest cornet of Worthing Place Block 69, as recnrded in Plat Book 105, Page I37; Thence S 89°06'29" E along the North line of said Lot I9, a distance of 2.00 feet to the Point of Beginning; Thence continue S 89°06'29" along said North line, a distance of i 24 feet to a point of intersection with the West line oftheright-of--way for S.E. 1~` Avenue as shown in official Records Book 18488, pages 604-606 of the Public Records of Palm Beach County, Florida, also being a line 5.00 feet West of and parallel with the East line o.f said Lot 19; Thence S 00°00'00" W along said parallel line, a distance of 0.33 feet to a point of intersection with a line 0.33 feet South of and parallel with the North Sine of said Lot I9;. Thence N 89°06'29" W along said parallel ii.ne, a distance of 124.00 feet to a point of intersection with the East line oftheright- of way fora 16.00 foot wide Alley as shown in Official Records- Book 18488, pages 604-606 of the Public Records of Palm Beach County, Florida, also being a line 2.00 feet East of and parallel with the West Iine ofsaid Lot 19; Thence N OQ°00'00" W along said parallel Iine a distance of 0.33 feet to the point of beginning. 5 FIRST AMENDMENT TO GUARANTY AGREEMENT This First Amendment to Guaranty Agreement (this "Amendment") is made as of the day of , 2009 ("Effective Date"), by William E. Morris, Jr., an adult resident of the State of Fln.rida ("Guarantor"), in favor of the City of Delray Beach, a Florida Municipal corporation ("City"). PRELIMINARY S'T'ATEMENTS WHEREAS,. Blaek 77 Development Group, L.C. ("BLK7T') and City are parties to that certain Public Parking Facility Construction and Conveyance and Worthing Park Contribution Agreement dated November ~, 1999 (the "Parking Facility :Agreement"); WHEREAS, pursuant to the terms of the Parking Facility Agreement, BLK77 has constructed and has conveyed to City a public parking Facility an Lots 20, 21 and. 22 of Block 69 as well as a portion of Lot 19, Block 61 {to wit: the North 3.S" inches thereat {the "Parking Facility"); WHEREAS, pursuant to that certain Guaranty Agreement dated May 30, 2Q07 (the "2007 Guaranty''), Guarantor, in relevant part, :guaranteed BLK 77's performance of the one (1) year past closing warranties and guaranties described in the Parking Facility Agreement, and other documents executed in connection therewith; Wi-AREAS, during the one year period following the closing, the City notifed BLK 77 and Guarantor of certain defective labor, material and services in and about the Parking Facility; WHEREAS, BLK 77 agreed to correct the defects in the Parking Facility as they relate to water penetration into, upon and about the ground and sub level of the Parking Facility by retaining The Crystal Group, LLC {the "Contractor") pursuant to its proposal no. 06-20-6305 ("Proposal") to professionally install, inject and apply an epoxy grout sealant in the Parking Facility joints along the slab of the Parking Facility, and BLK 77 agreed to warrant the labor, materials, equipment and services provided and furnished to the Parking Facility with respect to such correction (the "Parking Facility Warranty"); and WHEREAS, the City has agreed to accept such correction provided the Guarantor agrees to guarantee BLK 77's performance and payment of the Parking Facility Warranty, a true and correct copy of which is attached hereto as Exhibit "A", and the Guarantor has agreed to guarantee the performance and payment of BLK 77 under the Parking Facility Warranty; and WHEREAS, the parties have agreed to modify and amend certain of the terms and conditions of the 2007 Guaranty as set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor agrees as follows: I . Recitals. The foregoing .recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. Capitalized terms not defned herein shall have the meanings ascribed to them in the 2007 Guaranty. 3. No Termination of Prior Guaranties. Acceptance of this Arriendment by City shall not work a termination, release, or novation of that certain Guaranty Agreement dated May 26, 2006, or that certain Guaranty Agreement dated May 30, 2007, respectively by William E. Morris, Jr. in favor of City or a release of any claim or liability that arose prior to the date of this Amendment, and Guarantor hereby ratifies and confirms the validity of such Guaranties, except as otherwise modified by this Amendment. 4. Section 4 a . De Nova Guaran of Pa meat and Performance. 'The following sentence is added to the end of Section 4(a) of the 2007 Guaranty: The Maintenance Obligations as to the fallowing elements of the Parking Facility shall continue through June 27, 2009: elevators and their related equipment and component parts. S. Section 4. De Novo Guaranty, of Payment and Performance. The following- provisions are added to the "Guaranteed Obligations" set forth in Section 4 of the 2007 Guaranty: (c) Parking_ Facility Warranty. Guarantor herby unconditionally and irrevocably guarantees to City and its respective successors and assigns that during the term of the Parking Facility Warranty BLIP 77 shall timely comply with its obligations under the Parking Facility Warranty. 6. Conflict, In the event of any conflict between the provisions of the 2007 Guaranty and the provisions of this Amendment, the provisions of this Amendment shall control. 7. No Further Modifcations/Ratification. Except, and to the extent, specifically- modified and amended hereby, all of the terms and conditions of the 2007 Guaranty are and shall remain in full force and effect and are hereby reinstated, ratif ed and confirmed by the parties hereto. [SIGNATURE BEGINS ON THE. FOLLOWING PAGE] 2 1N WITNESS WHE OF, the Guarantor has executed the foregoing Amendment on this ~ day of 1p43~f 20Q9, under seal. State of Florida County of Palm Beach ~- WILLIAM E. MORRiS, Jr. The foregoing instrument was acknowledged before me, the undersigned notary public, by William E. IVlotris, Jr., who is personally known to me or who produced as idetatifica ton. HFATHF,fl SAUHDERS ~'`Y'"'~ MY CDMMISSIQN #DDSQ5974 , EXPIRES; JAN 14, 2012 Bonded ihm~tgh 15t State InsuransF My Commission Expires: {~I I~•~D-z. Notary Public State of Florida (SEAL.} 3 Page 1 of 1 Ruby, Susan From: Ballestero, Rafael Sent: Friday, ,ianuary 16, 2009 4:26 PM To: Ruby, Susan Ca: 'RubinSDR@aol.com'; Aronson, Scott Subject: RE: update on Bab Fed garage Susan: At this point all repairs have been performed on the garage. We will find out this next rain season as to the effectiveness of said repairs. Thanks, Rafael C. Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 b_al lestero@ci.delray=beach_.ff. us From: Ruby, Susan Sent. Tftursday, January 15, 2009 10:18 AM To; Ballestero, Rafael; Aronson, Soon Cc: 'RubinSDR@aol.com' Subject: update on Bob Fed garage I need to put the revised warranty on an upcoming agenda. To do that I need you to let me know by email what the current condition of the problems and issues are with the garage. Thanks. Susan .~. Ru6y City Attorney 20Q N. W. 1st Avenue Delray. Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: zuby@ci.delray-beach.fl.us i /1 bi2009 RESOLUTION NO. 11-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THE GREEN TASK FORCE FOR THEIR WORK TO IMPROVE ENVIRONMENTAL SUSTAINABILITY, FORMALLY ACCEPTING THEIR FINAL REPORT AND INSTRUCTING STAFF TO REVIEW THE REPORT FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CitS~ of Delra~~ Beach is increasingl~~ concerned with environmental issues in our community, recognizing the importance of environment stewardship regarding energy, water, air, land, waste and sustainable construction; and WHEREAS, the City Commission of the CitS~ of Delra~~ Beach established the Green Task Force b~~ Resolution 67-07 and appointed seven (7) members; and WHEREAS the Green Task Force was charged with providing recommendations to the City Commission regarding environmental sustainability, incentives for environmental conservation, water and energy conservation, ideas for promotion of tree planting and xeriscaping, and best practices to be considered for implementation; and WHEREAS, the Green Task Force gave generousl~~ of their time to research and prepare recommendations for the CitS~ Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The CitS~ Commission of the CitS~ of Delra~~ Beach recognizes and commends the Green Task Force for their dedicated research to provide recommendations for improving environmental sustainability. Section 2. The City Commission formall~~ accepts the final report provided b~~ the Green Task Force and instructs staff to review the report to select items for implementation. Section 3. This resolution shall take effect immediatel~~ upon adoption. PASSED AND ADOPTED in regular session on this 3rd da~~ of February, 2009. MAYOR ATTEST: CitS~ Clerk RES. NO. 67-07 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: January 12, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 ACCEPTANCE OF GRANT/EMERGENCY MEDICAL SERVICES GRANT ITEM BEFORE COMMISSION This item is being presented to Commission to authorize staff to purchase four (4) Glide Scope Ranger fiber optic laryngoscopes in the amount of $43,880.00. BACKGROUND The City of Delray Beach was awarded anon-matching reimbursable grant from PBC Emergency Medical Services in the amount of $43,880.00 in December 2008. The grant was awarded for the purchase of four (4) Glide Scope Ranger fiber optic laryngoscopes in the amount of $43,880.00. The Fire-Rescue Department currently has one (1) Glide Scope Ranger fiber optic laryngoscope, purchased with donated funds in November 2007. This item, which is used to enhance visualization during endotracheal attempts, has improved the Department's success rate to well over 90%. The purchase of four additional Glide Scope Rangers through this grant would enable the majority of the Fire-Rescue Department's rescue vehicles to be equipped with this life-saving equipment. Having equipment that is compatible throughout the system is essential. This equipment, used in our current limited capacity, has already enhanced the efficiency and success of our Emergency Medical Services. Verathon is the sole source provider of this item. FUNDING SOURCE Funding is available in expenditure Account #001-2315-526-64.90. RECOMMENDATION Staff recommends the sole source purchase to be awarded to Verathon in the amount of $43,880.00. ~~~~ ~~~' s ~ December 17, 2008 DIR-025-08-L department of Public Safety )ivislan of lJmergency Management 20 s. Miaitary Trail EMS Division Chief Danielle C©nnar west Palm F3each, l~tv ~~41s Delray Beach Fire Rescue {s6i) Utz-~4ao 501 W. Atlantic Ave. ~'ax: fs6t) 712-6~6a Delray Beach., FL 33444 www. bc~ov.con~ Dear Chief Connor: RE: EMS Grant C$0 ® This is to inform you your application request was approved. Your agency will receive $43,880.00 from the EMS Grant Award Program. Please see the attached information sent to the Board of County Commissioners regarding Palm Beaeh County this application. Board of County Ca~nmissioners The EMS Grant package was presented to and approved by the Board of Jeff Koons, Chairt~an Palm Beach County Commissioners at their December 16, 2008 meeting. sort Aaronson, ~~~e C~a~r The EMS Grant package will now be forwarded to the State EMS Office for Karen ~'. Marcus their execution in early January 2009. Shelley Vana Mary McGarry In the meantime, please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and Jess R Santamar:a expenditure plans, and assurance that your agency will comply with the state Agate ~,. Greene and county grant requirements, including reporting. if you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) Improve and expand pre-hospital services in that County Administrator coverage area; 2) Not be used to supplant existing provider's budget Robert we~sman allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, "An Equut Opportunity ,~~,-,,,u~weaC~on~,np~ny~Y" Charles E. Tear, Director Division of Emergency Management Enc. ~.r-r~Cflmliv~r z DEfaRAY BEACH EIRE RESCUE Work ]Plan: Wmrk Aetfvities: Time Frarsees: Proposal to purchase fnur (4) G&de 5cnpe rangers to instal! in response vehicles and train nor paramedics to ase this ipstrame®i: Itoutinc use of this instrutncnt for cardiac and respiratory arrest will reduce on~-site [ime, improve site to hospital transportgtic~n time, and reduce complicatiaus for the residents and visitors nI f9elray Beach. More important, it will improve patient outcr~mes and proportionately increase the chance fur return of spantanenus circulation of cardiac arrest patients. The namber of patients suceessfittlty iatuhated with the GFida.Scnpe wife tae tracked and enastpared against statistics tram previous years. Additionnily, nn sceeee t9mes for cardiac and respiratory arrests will be analyr_ed. 14;ffectivetaess will be measured by improved success rates wi#6 prehospital intuhation. r^irst Quarter = October 1 thrnttgh December 31 5~cond Quartex ~ ~7anuary 1 ClzMough Narcn sz. Third Quarter = Aprl.1 ~ through .7une 3G Fourth Qv2rter =July 1 through September ao _ Attic itY.._ '3`zme Frames Order Glide Scope Raa~ers First Quarter Conduct ln-9C3'~'teC traininoa gad CdllcatlOfl UII aSC, ~asinteaaace, Sacoad Quarter and proper [leaning at equap»renC Intpjement new equipment Into tnveaton• and begzn use Third Quarter A.uglyxe lntubafinn success rates, on scene dimes, sod Roue-tJ~ Quarter ef#ectiveaess of egEtipmeat Proposed Expenditure Pfau: Line ffean Unit Tratal Price Quantity Cost (Al~'vxMx Gl.id®Scopa Ftaraga~s $~D97Q.OD S43,B80.00 TOTAL $a3,ssa.o~l May l4, 2008 To Whom it May Concern: From: Verathon Inc, and Verathon Medical (Canada) U.L.C. RE: Sole Source Certification GlideScope® products and services from Verathon Inc. and Verathon Medical (Canada} U.L.C. are patented under the following numbers and countries: USA 6,142,144 USA 6,543,447 USA 6,6SS,377 international Patents Pendin 'Phis patent protection causes the following products to be exclusively supplied as Sole Source items by Verathon Inc. and Verathon Medical (Canada) U.L.C.: GlideSco e~ Portable GVL®S stem 0270-0315, 0270-0317, 0270-0320 GlideSco e~ Classic GVL®S stem 0270-0323, 0270-0324, 0270-0325, 0270-0326 GlideSco e® Classic Lo-Pro 0270-0328, 0270-0329, 027fl-0330, 0270-0331 GlideSco e~ Classic Standard Adult 0270-0333, 0270-0336 GlideSco e® Portable Standard Adult 0270-0338, 0270-0341, 0270-0344 GlideSco e® Portable Standard Adult with G1ideRite Kit 0270-0351, 0270-0352, 0270-0353 GlideSco e® Ran er S stem 0270-0374 GlideSco e® Cobalt sin le-use 0270-0382 GlideSco e® Ran er Sin le-Use 0270-0420 GlideSco e® GVL® Lar e S stem 0574-0001 GlideSco e® GVL Mid-Size S stem 0574-0007 G1ideScD e@ GVL@ Small S Stem fls74-oola GlideSco e~ GVL Ran er 0574-©018 Thank you for your consideration of our unique application specific devices. Sincerely, ~erttCcf ~c~orroiv Gerald McMorrow CEO, Chairman and Founder © 2QQ2-20D7, Ve€athon Inc. A11 nigh#s reserved. 05aD-1231-02-01 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 27, 2009 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 SPECIAL EVENT/11TH ANNUAL CINCO DE MAYO FIESTA ITEM BEFORE COMMISSION City Commission is requested to endorse the 11~' Annual Cinco de Mayo Fiesta to be held on Saturday, May 2, 2009 from 11:00 a.m. - 12:00 a.m., at Old School Square, to grant a temporary use permit per LDR Section 2.4.6(F) for the use of a portion of the Old School Square surface lot and to authorize staff support for traffic control and security, EMS Assistance, trash removal and signage preparation and installation. The event sponsor is also requesting use of the Old School Square parking garage, City Hall lots and a City generator. Site set up is to begin at 6:00 a.m. BACKGROUND Attached are an event permit, site plan, budget and letters received from Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco de Mayo celebrates the date Mexican solders defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site and a portion of the Old School Square surface parking lot. The event committee will be responsible for event management, liability, insurance, vendor approval, site set up and fencing. Although not requested, a Fire Department inspection will be needed and the department recommends an on site service unit. The estimated overtime costs are $7,000, $250 for signage and approximately $70 for trash boxes for a total of $7,320. Per event policies and procedures, the estimated cost to be paid for City services is $4,220. Since alcoholic beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. The City will charge for parking in the Old School Square garage. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the use of Old School Square parking lot, staff support for traffic control and security, clean up, EMS assistance and signage preparation and installation. Approval is contingent on the receipt of a Hold Harmless Agreement, Certification of Liability Insurance and Liquor Liability Insurance. City of Delray Beach p~~RnY SEACH Special Event Permit Application ~ ~ ~Ni PLEASE TYPE OR PRINT -, ~,~; '? Uil~l Event NamerI'itle: ~ ~1 Li T1 vl~ ~ dL~l 17 ~ e 5-~'1'!/ ~l Event Date~{s): a O v Times: // ~ d~ a ~ ~ ~ ~- Event Spansor/Produeer: !T i 5 n ., _ Lc~.-~ ~,~C; ~ ~-`f ~ ~ ~_ ~~ Event Contact/Goordinator: y0. v-~ i ~ ~ as~vl, ~ r ~ Z _ Name: Telephone Number:~¢~- 2~~..3~4Cellular Number: - - ~ 9~ E-mail Address: {j 3 oVV1 Event Description/Purpose: Brief History of Event (ff applicable Planned Activities {outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): Nun[~ber of Individuals Served Previous Year (if applicable): ~! the targeted population and expected attendance: _~~ ~ ~ _ ~~ D y/ Describe how the program or project addresses community needs: Describe your Marketing/Promotions Pro~am (How will you marketlpromote, i.e_ TV, radio, posters, flyers, web sites, other): Site plan attached: Yes ~ no (Site plan required for entire event sites Include locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes~~ no (If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget attached: yes V no (Required fur all events) Previous year RevenueJExpense summary attached: yes (Required for all events) Do you have cash sponsors far the event: yes (Indicated on budget) Do ou have inkind sponsors for the event: yes Y (Indicated on budget) no no 1~ no C:1Uocwnents and Settin&SU..islDesktoplsPeciel Evers Permit Application FfNAL 9.6.07.dvc Sponsor Category {please check) City ^ Non-Profit/Charitable Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 501 c(3), c(4), c(d), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Serving or selling alcoholic beverages: yes ~ no (If yes, copy of license and alcohol liahiCity insurance required two (Z) weeks prior to event) Event certificate of insurance attached: yes no (Required two (Z) weeks prior to event naming the City as additional iirsured, also required for vendors) Playing of amplified music: yes ~ no (Waiver required) Will there be entertainment: yes ~ no ~(If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes ~ no Requesting Police assistance: yes ' ~ no (traffic control/security} Will su lenient with rivate securi yes no~,~, pP P tY (If yes, need plan attached) Requesting Emergency Medical assistance: yes 1D no Requesting barricade assistance: yes~.~. no~~ (If no, how are you handling?) ~4~e N~e~e d Requesting trash removallclean up assistance: yes / no {Will be billed to sponsor} Requesting trash boxes/containers and liners: yes~~ - no Requesting stage use: yes no (Ifyes, check type) Large stage (14' a 3G') c~ Small sage (16' a 21') ^ Aatismall stage (8' x 21') ^ Requesting signage: YeS ~ n° Type: 4'x4'Event sign ~ Parking Signs ~l _ _ ~ Banner hanging Indicate dates required ~ ~ p ~ (Waiver required if more than one (1) week prior to event) Requesting City Portabl Genera#ar: yes ~ s~o (If yes, size & power) ~ ! [~ ~ i ~~ Food and beverage vendors: yes n If yes, approximate number ~° ~~~~ (Health Department approval required) yes~_ no ~~,~~ "~ zop9 C:1Documenls and settinF,BlLisilDeskWPlSPetisl Pvent Pemut Application FITfAl-.9.6.~7.doc Other vendors: (Indicate type) Tents: yes ~ no If yes, Huw many d What site or size required ~D ~C l1L {If yes, teat permits and fire inspections may be needed) Will the event include amusement rides: yes no ~~ (If yes, type and location axd copy of liahil~ty hrsurnnre required also req~rires state license and inspection) Will the event be ga#ed: yes l` no (Shaw on site map) - J v Will there be a charge for the event: yes Y~ no (If yep, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no ~ (If yes, contact Fire Marsha! to obtain and complete perndt application) Will there be cooking with compressed gas: yes_ ~~ no (If yes, contact Fire Marsha! for inspections) ,/ Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how you will handle restroam needs) -- ©-~~ Is reserved parking requested: yes no_~ (If yes, indicate locations and purpose far use) Event Permit Attachments: t/ Revenue/Expense Budget ~~Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages °~ .Proof afNan-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof ofRental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 Clays prior to event ~ Intermediate Event 90 days prior to event • Major Event I20 days prior to event • Neighborhood Block Party 30 days prior to event C:ID000menL9 and SetdngslLisilDcsktoplSpoc Evcr~t ~ennii Application FIAEAL 9.6.07.doc r vent Cantrattor/Coo~'dinat Please print' ~ ~r'-e 't,r /~-- / -off' Date Please enclose the appropriate nan-refundable application fee payable to the City o#' Delray Beach, 100 N.W. ]~` Avenue, Delray Beach, Florida 33444. Retluired with permit application. For Staff Use Only / f 1 ' Date Received /~~/ I ~ Application fee received l ~~ C:1Darum~ts and SettingslLisilDesktoplSpaciel Event Permit AQplication E7l~1AL 4.5.Q7.doc 60039 DR-14 Consumer's Certificate of Exemption ~ R. oa/os 01/30/08 „ ~ ~ Issued Pursuant to Chapter 212, Florida Statutes 17EPAKTMENI' - flC QGVFN,IF _-_ - - A ~ C1fPARTMENT OF REVENUE Important Informs#ion for Exempt Organizations pR-14 R. OM05 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Ruie 12A-1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used soiety by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other rea! property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no ciroumstances should this certificate be used for the personal benefit of any individual Violators will be liable fpr payment of the sales tax plus a penalty of 200°x'0 of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. if you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-$480. Hispano Latino Cultural Affiance, Inc. Cinco de Maya 2008 2009 Actual Projected Cash contributions and gate 33,170 35,000 In-Kind contributions 15,500 15,500 Revenue 48,670 50,500 Expenses Entertainers and performers 10,389 13,000 Casual labor 5,334 5,725 Permits and licenses 50 225 Advertising 1,723 2,000 Rentals 4,024 5,000 Food and beverages 859 1,000 Decorations 1,074 1,200 Insurance 923 1,100 Supplies 2,521 3,000 Other expenses 100 250 Petty cash 2,500 2,500 In-Kind advertising 15,500 15,500 Total Expenses 44,997 50,500 Net Income){Loss) 3,673 0 Nis apo-La~ipo CU~ZURa~ p ~,~~lallC~, ~1'1G. P.O. BOX 6386 DELRAY BEACH, FLORrDA 33482-6386 PHONE (56~) 276-3396 November 18, 2008 Robert Barcinski City of Delray Beach 100 N.W. 1st. Avenue Delray Beach, F1.3344 Dear Board, Un behalf of the Hispano-.Latino Cultural Alliance, Inc. committee I would like to submit the enclosed application to assist towards the 11 Annual Cinco de Mayo Fiesta which will be celebrated on Saturday May 2, 2009. Our mission is as follows; The Hispano-Latino Cultural Alliance ,inc. is committed to raising the awareness of and sharing the Hispano-Latina culture with people of aq ages and cultures, serving as an advocate for the diversity and education while providing the necessary resources to a stronger cultural presence in our communities, school, and government. .Description of our event and purpose is to bring in mare people into our downtown . HLCA supports the City of Delray Seach and Old School Square a!I these years to promote and market the downtown area. The event brings people downtown to experience a see different cultures and different it's activities the City has. It help s the City and our merchants by letting people see how beautifu! Village by the Sea reaaly is. You'd be surprise how many people have come, not only to the Cinco de Mayo event and say W©W! They never knew Delray Beach was such a beautiful city. ©ur purpose is to raise fiords for Hispanic children graduating from high school and going into a college or university with Scholarships. HLCA helps the children that are less fortunate . Our event is a very lively event with lots of Mexican traditional foods, Children 's activities arts and craft, games ,pitlatas, folkloric dances, mariachi's, live music from local bands or headliners, Chihuahua Races, Chile pepper eating contest, and much more. Qur history on the event has been very enjoyable ,not only by the people that attend ,but by our own Hispanics .The HLCA ,has been around for 10 years and thanks to the City of Delray Beach ,Old School Square and other sources we're proud to be able to have this event. I have enclose letter of Determination as a 501(c) 3. Thank you for your continued support and assistance in this event such a success. Sincerely, ~~ 3anie Ramirez President " The Hispano-Latino Cultural Alliance, Inc. is committed to raising the awareness of and sharing the Hispanic/LaHna culture with people of alI ages and cultures, serving as an advocate for diversity a-ut education while providing the necessary resources to effectuate a stronger cultural presence in our communities, schools, and gozernment. " N1S QYIQ-l..,C1~1110 CUI~URQI p l~1111QpCe, ~r1C. P.O. BOX 6386 ~ DELRAY BEACH, FLORIDA 33482-6356 PHONE (561) 276-3396 November 18th, ZU{18 The purpose for the fiesta is Delray Beach Loves to celebrate diverse cultural. Well, it was time the Hispanic community celebrated one of our favorite holidays: Cinco De Mayo which will take place nn the grounds of Old School Square, Saturday May 2nd, 21)tl~ A fiesta means music, dances, pinatas for the kids lots of Meaican food tacos, tamales, rice and beans, arepas, corn on the cob and of course Hot Dogs and other foods. This will be an Opportunity for the Hispanics to get better acquainted with all of Delray. I believe in Unity with all of our friends and neighbors. Delray's Cinco De Mayo Fiesta will honor the triumph of Mexico over the French military invaders oe May 5,1862The city of Puebla, in the state of the same name has important roles in Mexico's history. The celebration of the Cinco De Mayo is the 3rd in importance in Mexico after the Independence Day on September 16th and the November 20th,Revolution Day. The Cinco De Mayo, however, is the biggest Meaican celebration in the United States. Thank You , r Janie Ramirez " The Hispano-Latino Cultural Alliance, Inc. is committed to raising the awareness ofand sharing the Hispanic/Latino culture with people of all ages and cultures, serving as an advocate far diversity and education while providing the necessary resources to effechiate a stronger cultural presence in our communities, schools, and government. " Nis ono-La~ino CU1~URa~ p ~111iance, lnc. J P.O. BOX 6386 DELRAY BEACH, FLORIDA 33482-6386 PHONE (56T) 276-3396 November 18,2008 Mr. Robert A. Barcinski Assistant City manager 1 QO N. W. 1" Avenue Delray Beach, Fl. 33444 Dear Mr. Barcinski: Once again our organization is proud to celebrate our I 1 th annual Cinco De Mayo. It wil! be held on Saturday, May 2nd 2009 from B:OOa.m. to I2 midnight on the site or grounds of Old School Square. We are requesting that the City allow us to use tl-e new parking garage east of O.S.S.and also the City Hall parking lot. I also like to request the parking area on the east side of O.S.S.south of the new parking g~ge- Your consideration of the above request is much appreciated. Sincerely, ~ ' .~ eir. Janie Ramirez, Presiden Hispano- Latino Cultural Alliance, Inc. " Tire Hispano-Lsrtino Cultural Alliance, lyre. is committed to raising the awareness of and sharing the Hispanic/Latino culture with people of all ages and cultures, serving as an advocate for diversity atui education while providing the necessary resources fo effectuate a stronger cultural presence in out' communities, schools, and government, " MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January 29, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of January 20, 2009 through January 30, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . 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. REVIEW BY OTHERS Planning and Zoning Board Meeting of January 26, 2009 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (5 to 0, Joseph Pike stepped down and John Miller absent) of an abandonment of the 40' wide right-of-way of NE 7th Avenue, lying between East Atlantic Avenue and NE 1st Street; the 16' east-west alleyway lying within Block 116 and located east of NE 6th Avenue, approximately 107 feet north of East Atlantic Avenue; and the 16' north-south alleyway lying within Block 116 and extending between East Atlantic Avenue and NE 1st Street. Concurrently, the Board recommended approval of a waiver to LDR Section 6.1.2(C)(2)(d) (street-jog offset distance) for an alternate alignment of NE 7th Avenue, all in conjunction with the Atlantic Plaza II mixed-use development, located between East Atlantic Avenue and NE 1st Street, east of NE 6th Avenue (Northbound Federal Highway) and west of Veterans Park. B. Recommended approval (5 to 0, Joseph Pike stepped down), of a City initiated amendment to the Land Development Regulations Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental District Regulations", and Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Sub-subsection (1) "Central Core and Beach Area Supplemental Regulations", to change the parking requirements for business and professional offices within certain portions of these zoning districts. C. Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations Section 2.4.3(k)(1)(bb) to increase the application processing fee for Single Family Overlay District Site Plan Review Applications and associated renaming to North Beach/Seagate and Ocean Neighborhood Overlay District Review. Site Plan Review and Appearance Board Meeting of January 28, 2009 1. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes and the installation of storefront awnings for IL Bacio, an existing restaurant, located on the south side of East Atlantic Avenue, between SE 2nd Avenue and the FEC Railway (250 East Atlantic Avenue). 2. Approved with conditions (7 to 0), a Class II site plan modification and landscape plan associated with hardscape and landscaping improvements for Fairways on the Green, located on the north side of Lowson Boulevard, west of Congress Avenue (2101 Lowson Boulevard). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N SPRAB 1. IL BACIO 2. FAIRWAYS ON THE GREEN ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT FEBRUARY 2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\2-3-09 --olGlraLaasEMaPSVSreM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: City Manager DATE: January 14, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 MANAGED CARE ARRANGEMENT (MCA) PROVIDER CHANGE/WORKERS' COMPENSATION ITEM BEFORE COMMISSION Change our Managed Care Arrangement (MCA) provider from Genex Services to the current third party claims administrator (TPA), Gallagher Bassett Services (GBS). GBS has been authorized by Commission to provide the TPA services fora 3 year period beginning 10/1/08. BACKGROUND The City opted out of the formerly State mandated workers' comp MCA in December 2005, and began using an "indemnity workers' compensation (WC) arrangement" in January 2006. MCA services include telephone contact with claimant by a nurse, medical bill review, pre-certification of medical treatment, and utilization review of medical care if necessary. Medical bill review involves first reducing invoiced costs to State mandated WC fees and then further reducing costs to a "medical network" discounted fee. Genex agreed to handle the remaining 25 open WC MCA claims for a flat rate fee of $2,190/mo. Effectively, there are still the same 25 open claims. However, we can use GBS to handle these MCA claims. The administration should only include continuing prescriptions and occasional doctor visits. No significant telephonic case management should be needed. A cost comparison spreadsheet is attached. The savings would be at least $26,280/year by eliminating Genex MCA services; in addition, we expect that total medical bill review cost should decrease slightly because of lesser charges by GBS for reducing to their PPO discount and for their per line bill review. FUNDING SOURCE 551-1575-591-45.52, Self Insured WC claims RECOMMENDATION Staff recommends the transfer of State required "managed care services (MCA)" for those WC MCA claims which are still open and active from Genex Services to Gallagher Bassett Services due to the cost savings and because of Gallagher Bassett Services proven ability to provide the same MCA services as does Genex. This transfer would go into effect on March 1, 2009. Gallaaher Bassett v. Genex Annual Costs GBS Genex PPO discount ~ 28% 30% Bill review charge $1.25/line $1.30/line MCA services No Charge $26,288 Genex annual charges: Medical bill reviews MCA services Genex cost, annual $22,661 $26,288 $48,949 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 27, 2009 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 BID AWARD/ACCURATE EVENT SERVICES ITEM BEFORE COMMISSION City Commission is requested to approve an award to Accurate Event Services in the amount of $31,309.20 for private security from February 16, 2009 through March 2, 2009 for the International Tennis Championships. BACKGROUND Per the terms of our agreement with Match Point Inc., the City of Delray Beach is responsible for providing private security for the International Tennis Championships. In addition to cost, other requirements of the agreement are but not limited to; that the guards be dressed in "hard guard" uniforms, the selected vendor must supply their own radio communications and 24/7 contact must be available and that they be experienced. Requests for quotations were sent to three (3) firms. Bid summary is as follows: Accurate Event Services MGMTF Personal Services Arrow Security FUNDING SOURCE Account code: 001-4210-575-55.40 $31,209.20 $42,461.00 No bid/Event too large RECOMMENDATION Staff recommends award for private security for the International Tennis Championship to Accurate Event Services in the amount of $31,309.20. UW ~H U ~~N ~UZ Ovwi~ dz} 7 ~1J LL1 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: January 26, 2009 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 PURCHASE AWARD/CUSTOM PUMP & CONTROLS, INC. ITEM BEFORE COMMISSION An award to Custom Pump & Controls, Inc. in the amount of $57,557.00. The award is for purchase of two 75 horsepower pumps for the Area 11A Reclaimed Water System Booster Pump Station Conversion project (P/N 2008-048.1). BACKGROUND The Area 11A Reclaimed Water Booster Pump Station Conversion project converts two of the four sewage related pumps to reclaimed water booster pumps. The pumps are necessary for the expansion of the reclaimed water system to serve the Barrier Island. The specified pumps have long lead times for delivery to the site; from 12 to 16 weeks. In an effort to deal with this issue and save costs, the design team decided that the City should pre-purchase the pumps. This purchase will initiate the manufacturing of the pumps, allowing their delivery to meet the scheduled target date for installation under the contract for the Booster Pump Station Conversion project. Staff solicited quotes from several pump manufacturers, receiving quotes from the following; Carter/Verplanck (Flowserve pump) in the amount of $134,650, Hudson Pump & Equipment (Hudson pump) at $125,000, Southeastern Pump (Pioneer pump) at $97,114, Barney's Pump Inc. (Aurora pump) at $88,833, and Custom Pump & Contols, Inc. (KSB pump) at $57,557. The KSB pump form Custom Pump & Controls, Inc. meets the project specification established by our design consultant. A check of their references resulted in favorable responses. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends award to Custom Pump & Controls, Inc. in the amount of $57,557 for the purchase of two pumps related to the Area 11A Reclaimed Water System Booster Pump Station Conversion project, P/N 2008-048.1. ~i ~ i- ~ 1 ~_ ~ i.-,1. ~ ~ 1 L '°` Civil and Environmental Engineers TO: Victor Majtenyi, City of Delray Beach FROM: Rene Mathews, P.E. DATE: January 27, 2009 M E M O R A N D U M SUBJECT: Area 11 Reclaimed Water Booster Pump Station Bid Summary for Direct Purchase of Booster Pumps Per your request, we have reviewed the proposals provided by five (5) pump suppliers for the referenced project. The suppliers included: • Carter & VerPlanck • Hudson Pump & Equipment • Southeastern Pump • Barney's Pump, Inc. • Custom Pump & Controls The Bid Tabulation Table attached provides a summary of the information supplied by the vendors in their respective proposals. Hudson Pump & Equipment did not respond to questions regarding their proposal within the requested time period, and thus are considered non-responsive. Two of the vendors (Barney's Pump and Southeastern Pump) could not meet all of the pump specification criteria, and thus their proposals should not be considered for this project. Both Custom Pump & Controls and Carter & Verplanck met the pump specifications and thus should be considered as valid pump suppliers for this project. The quotation provided by Carter & Verplanck for the pump package is $134,650.00. The quotation provided by Custom Pump & Controls is $57,557.00. Therefore, the lowest, responsive bidder is Custom Pump & Controls. We recommend the City verify warranty and service performance of the vendor prior to making the final selection of vendor for this project. Mathews Consulting, Inc. 1475 Centrepark Boulevard, Suite 250 West Palm Beach, FL 33401 561-478-7961 Fax.• 561-478-7964 www. mathewsconsultinginc. com Custom Pump & Controls, Inc. 6034 Jetport Industrial Blvd. Tampa, FL 33634 DATE: 1 /23/09 REVISION # 1 T0: CITY OF DELRAY BEACH Attn: VICTOR MAJTENYI TEL: (813)886-6255 (800)940-3309 FAX: (813)886-3508 e-mail: s.dorton@custompump.com REFERENCE: RECLAIMED WATER INLINE BOOSTER PUMP STATION ENGINEER: MATHEWS CONSULTING BID DATE: 1 /23/09 We are pleased to offer the following equipment for the above referenced project for your consideration: SECTION 11190 /HORIZONTAL NON-CLOG PUMPS PRIMARY DUTY POINT - 4000 GPM C~ 53 TDH 2) MODEL KSB SEWATEC K250-401/G 3E-N PUMPS. 10" X 10" WITH STEEL BASEPLATE, NON- SPACER COUPLING AND GUARD. PUMPS TO HAVE STAINLESS STEEL IMPELLER AND CASE WEAR RINGS. CERTIFIED PERFORMANCE CURVES, HYDROSTATIC TESTING, NPSH TESTING AND VFD TESTING. MOTOR TO BE 75 HP, TEFC, 460V / 3PH, 405T FRAME, PREMIMUM EFFICIENCY WITH SPACE HEATERS. PUMPS WILL HAVE CLASS 125 FLANGES, VOLUTE CLEANING PORT, STAINLESS STEEL HARDWARE. MECHANICAL SEALS WILL BE DOUBLE TANDEM, SILICON CARBIDE SEALED IN AN OIL CAVITY FOR LUBRICATION. SPARE PARTS INCLUDED WILL BE TWO (2) SETS OF BEARINGS, MECHANICAL SEALS AND COUPLINGS. WARRANTY WILL BE TWO (2) YEARS FROM DATE OF FINAL START-U P. ALL DETAIL SHEETS FOR SUBMITTAL ARE ATTACHED. GUAGE PACKAGE WILL BE PROVIDED AS SPECIFIED. EXCEPTION: MECHANICAL SEALS ARE DOUBLE TANDEM CONFIGURATION. THIS CONFIGURATION HAS BEEN USED SUCCESSFULLY, AND ALMOST EXCLUSIVELY IN THE SUBMERSIBLE LIFT STATION PUMP MARKET FOR MANY YEARS. KSB ONLY USES HIGH QUALITY BURGMANN SEALS, WHICH ARE NON-PROPRIATARY. LITTLE OR NO MAINTENANCE IS REQUIRED. NO EXTERNAL SEAL LUBRICATION IS EVER REQUIRED. AS PROVIDED ON DATA SHEETS, CASTINGS ARE GREY CAST IRON, CLASS 40. THIS RATING IS SIMILAR TO THE DUCTILE IRON CLASS 30 AND EXCEEDS THAT OF THE OTHER TWO APPROVED PUMPS, PEERLESS AND AURORA. START UP PER PLANS AND SPECIFICATIONS; 3 TRIPS, 5 DAYS. Estimated shipping weight is: #6486 total. Price is firm for ninety (90) days. Submittal will be available within 2-3 weeks of date of receipt of order. Sales Tax not included. Shipment will be 12-14 weeks (estimated) from date of release to production. Shipping terms are FOB shipping point with full freight allowed. Payment terms are net 30 days with no retainage. Please contact us should you have further questions on this quotation. TOTAL PRICE, FOB SHIPPING POINT, FFA..........$57,557.00 Sincerely, Skip Dorton Custom Pump £t Controls, Inc. REFERENCE LIST, KSB: 1) ST. LUCIE WEST UTILITY DISTRICT / 6 X 6 / VFD JOSH MILLER / 772-340-0220 2) CITY OF KISSIMMEE (TOHO WATER) /VARIOUS INSTALLATIONS MARSHALL FISHER / 407-846-4588 3) JEA WATER £t SEWER (CITY OF JACKSONVILLE) /VARIOUS, PUMP IN DRY PIT /SUB CONFIG BOB PHILLIPS / 904-665-8098 4) SARASOTA COUNTY UTILITIES /VARIOUS /PUMPS IN SUB CONFIG JERRY SCHOONMAKER / 941-650-9217 5) OKEECHOBEE UTILITY AUTHORITY / 6 X 6 /AURORA REPLACEMENT JAMIE GAMIOTEA / 863-763-3322 QUOTATION NUMBER 24-0309 Page _ _l _ of 1 TO: HAROLD WILLIAMS CITY OF DELRAY BEACH 561-243-7306 561-243-7344 FAX BARNEY'S PUMPS INC. 12080 NW 40th Street Coral Springs, FL 33065-7602 Broward (954) 346-0669 Dade (305) 945-0279 Fax (954) 346-0993 FOR SHIPMENT TO: PROJECT: BOOSTER PUMPS FOR AREA 11 RECLAIM Delive Via From TBD Bestway Barney's Pumps DATE: 1/23/09 F.0.6. Terms Barney's Pumps net 30 ITEM TY DESCRIPTION PRICE Electrical: 460 V / 30 / 60 Hz Design point: 4000 gpm @ 53' TDH /water A 2 AURORA, 611A, 1OX10X15, CENTRIFUGAL PUMPS $88,833 MOTOR - 75HP PREMIUM EFF, TEFC, 405T, 1150RPM, TECO MAX E-1 BASEPLATE - 14DG, AURORA COUPLING - 34AF, AURORA JOHN CRANE 712-6414-678, TYPE 1, TUNGSTON CARBIDE MECH SEAL -CHESTERTON 442 SLEEVE - SS SHAFT SLEEVE, 4D WEAR RINGS - SS IMPELLERWEAR RING AND CASE RING CERTIFIED PERFORMANCE TEST CERTIFIED HYDRO TEST 2 YEAR WARRANTY ON AURORA PUMPS SPARE PARTS FOR PUMPS -POWER FRAME 5F, MECH. SEAL, COUPLING CONTINUED NEXT PAGE Delivery is F.O.B. Barney's Pumps with freight allowed to jobsite. Barney's Pumps standard terms of sale and warranty apply. Start-up and training services are included. Taxes, anchor bolts, i in ,field wirin etc. are not included. The following items are attached: Bulletin X Performance curve Prices quoted are firm for 30 days (unless otherwise noted), then subject to adjustment to agree with prices at time of shipment and subject to any tax required by law. We appreciate the opportunity to serve you and trust that we are favored with your order. This quotation is subject to Barney's Pumps standard terms of sale and warranty. X Elevation drawing X BARNEY'S PUMPS INC. JOHN HAMMOND Authorized Signature QUOTATION NUMBER 24-0309 Page 1 _ of _2 TO: HAROLD WILLIAMS CITY OF DELRAY BEACH 561-243-7306 561-243-7344 FAX BARNEY'S PUMPS INC. 12080 NW 40~h Street Coral Springs, FL 33065-7602 Broward (954) 346-0669 Dade (305) 945-0279 Fax (954)346-0993 FOR SHIPMENT T0: DATE: 1/23/09 PROJECT: BOOSTER PUMPS FOR AREA 11 RECLAIM Delive Via From F.O.B. Terms TBD Bestway Barney's Pumps Barney's Pumps net 30 ITEM TY DESCRIPTION PRICE Electrical: 460 V / 3~ / 60 Hz Design point: 4000 gpm @ 53' TDH /water • TWO YEAR WARRANTY IS INCLUDED FOR THE AURORA PUMP • SPARE PARTS, START-UP & TESTING ARE PROVIDED. FIVE DAYS OF SERVICE ARE INCLUDED. • MOTOR INFORMATION IS ATTACHED. TECO EP0756, 75HP • IMPELLER & CASING MATERIAL IS DUCTILE IRON TYPE • 125 PSI HYDROSTATIC TEST PRESSURE IS VERIFIED • MECHANICAL SEAL IS CHESTERTON 442 • PUMP CURVE IS ATTACHED, NPSH IS NOT MET, SECONDARY POINT IS MISSED BY 12 FEET • DISCHARGE & SUCTION GAUGES ARE INCLUDED • LEAD TIME: THE 75HP TECO MOTOR IS IN STOCK AND THE AURORO PUMP IS 16 WEEKS AFTER RECIEPT OF APPROVED DRAWINGS • AURORA PUMP TESTING SHALL BE PERFORMED WITH JOB SUPPLIED MOTORS ATTACHMENTS: LETTER, MOTOR LITERATURE, AURORA PUMP LITERATURE Delivery is F.O.B. Barney's Pumps with freight allowed to jobsite. Barney's Pumps standard terms of sale and warranty apply. Start-up and training services are included. Taxes anchor bolts i in field wirin etc. are not included. The following items are attached: Bulletin X Performance curve X Elevation drawing X Prices quoted are firm for 30 days (unless otherwise noted), then subject BARNEY'S PUMPS INC. to adjustment to agree with prices at time of shipment and subject to any tax required by law. We appreciate the opportunity to serve you and j 0 H N HAM M 0 N D trust that we are favored with your order. This quotation is subject to Barney's Pumps standard terms of sale and warranty. Authorized Signature B P BARNES'S PBMPS INC. I 12080 NW 40th STREET LAKELAND • CORAL SPRINGS • JACKSONVILLE CORAL SPRINGS, FL 33065-7602 BROWARD (954) 346-0669 DADE (305) 945-0279 FAX (954) 346-0993 Victor Majtenyi Deputy Director Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Subject: Area 11 Reclaimed Booster PS Dear Victor, I apologize up front for my late response to Mathews Consulting comments to my quote. I made a few errors leaving out items that increase my quote substantially. Below are my answers to your comments: 1. Verify 2-year warranty is provided. Answer: A 2-year warranty is provided on both pumps and motors. 2. Spare parts, Start-up, and Testing shall be provided. Verify minimum 3 trips and 5 days of service for inspection, startup and training. Answer: A minimum of 3 trips and 5 days of service is provided for inspection, startup and training. 3. Provide motor information (manufacturer, model #, etc). Answer: TECO-Westinghouse is the manufacturer, model # EP0756, 75hp, TEFC, PE, ID, 405T frame, 1150rpm, MAX E-1 with space heaters and thermostat. Also, there's more information attached. 4. Provide more details regarding pump materials (casing material, impeller material, etc). Answer: The casing and impeller will be constructed of Ductile Iron. There's more information attached dealing with the pump. 5. Verify hydrostatic test pressure of 125 psi. Answer: I did confirm with Aurora pump that they meet /exceed the pressure. 6. Verify self-cleaning mechanical seal Chesterton 442 or equal. Answer: The mechanical seal is made by Chesterton model 442. 7. Verify price is for two pumps plus all appurtenances and services required. Answer: The attached price does include two pumps and all appurtenances and services required. 8. Provide Pump curve and confirm compliance with other pump performance requirements listed in Spec. 11190-2.02. Answer: Pump curve is attached and a comparison of performance is listed below: Point No. 1 spec. Aurora Max. NPSH required 17' 21.9' Point No. 2: Flow 2000 2000 Total Head 76' 66' Max. NPSH required 16' 14.4' Run Out Points: Flow 5300 5300 Total Head 33' 38' Min. pump eff. 74% 71% Max. NPSH required 28' 31.4' Shut-Off Head: Total Head 97' 67' Min. connection size Suction 10" 10" Discharge 12" 10" 9. Verify suction and discharge gauges are provided as required by 11190-2.09. Answer: Gauges are not included. However, we can provide a tapped boss on the suction and discharge side of the pump. 10. Project schedule requires 4 weeks max. for shop drawings and 16 weeks for pump manuf./delivery. Please ask supplier to meet project schedule and stipulate time on the quotation. Answer: Submittal drawings will be provided in a four week time frame. The manufacturing schedule for the pump is sixteen weeks after receipt of approved submittals. The motor is a stocked item at this time. 11. Verify shop testing shall be performed with job supplied motors. No exceptions. Answer: Shop testing will be performed with the TECO motors provided for this project. 12. Verify all Specifications requirements from the package will be met, or list exceptions taken. Answer: There are no exceptions other than what's listed in questions eight and nine, which are condition differences and gauges not included. My quotation confirming the price correction is attached. R rds, ohn Hammond SOUTHEASTERN PUMP Tampa + Pompano Beach + Jacksonville January 21, 2009 City of Delray Beach Utility Maintenance 434 South Swinton Avenue Delray Beach, FL 33444 Attention: Mr. Harold Williams Subject: AREA 11A RECLAIMED BOOSTER PS Pioneer Pumps Thank you for the opportunity to quote your requirements for this project. We are pleased to quote as follows, based upon Spec Sections 09900, 11000, 11190, and 16150 as provided. Performance Requirements Operating Speed 1175 RPM (nominal) Point No. 1 (Design Point): 4,000 GPM @ 53' TDH Point No. 2: 2,000 GPM @ 76' TDH Run Out Point: 5,300 GPM @ 33' TDH Suction Size: 12" Discharge Size: 12" Solids-Handling Design Pioneer Pump & Motor Assemblies Two (2) Pioneer Centrifugal Pumps Model SC1212S17L1-B-75-6, Horizontal, End Suction, Frame Mounted, High Pressure Centrifugal Pump Mounted on Steel Baseplate with Coupling, Guard, and Motor, including the following standard design features: Pump Design Features • 12" Suction and 12" Discharge with ANSI 150# Flat-Faced Flanges • Top Centerline Discharge Volute • Standard ASTM A536 Grade 65-45-12 Ductile Iron Construction on Suction Cover, Volute, and Backplate • CA6NM Stainless Steel Impeller (360 BHN) • Standard ASTM A48 Class 40 Cast Iron Suction Wear Ring • Standard ASTM A48 Class 30/35 Cast Iron Adapter Bracket, Bearing Housing, and Bearing Cover • Single Mechanical Seal with Silicon-Carbide Faces, Viton Elastomer, 300 Series Stainless Steel Hardware and Spring Seal System Designed for Indefinite Dry Running • Standard ASTM A747 CB7Cu-1 17-4 Ph Stainless Steel Pump Shaft • INPRO/Seal Bearing Isolators • Buna-N O-Rings SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 + 1368 SW 12th Avenue, Pompano Beach, FL 33069 Toll Free (800) 396-4182 + Phone (954) 781-8400 + Fax (954) 781-8434 + www.sepump.com SOUTHEASTERN PUMP Tampa + Pompano Beach + Jacksonville Baseplate, Coupling, and Guard Features • ASTM A36 Fabricated Steel Baseplate with Grout Holes • TB Woods Type SC Spacer Coupling • Rexnord "Orange Peel" Polyethylene Coupling Guard Motor Features • 75HP-1200RPM • 3PH-60HZ-230/460V • TEFC, IEEE 841 • Premium Efficiency (Full Load Minimum of 95%) • Inverter Ready • Class F Insulation • 1.15 SF on Sine Wave Power - 1.0 SF on VFD Power • 405T Frame • Space Heater Testing Summary (each pump) • Hydrostatic Test (non-witness) • NPSHr Test (non-witness) • Constant Speed Performance Testing (non-witness) • Variable Speed Performance Testing (non-witness) Paints & Coating • Sandblasting • Tnemec N69 Hi-Build Epoxoline Primer Packages will be Factory Assembled, Tested, Painted and Shipped TOTAL PRICE (2 Pump Assemblies): $ 89,230.00 delivered Allow 3 weeks for preparation of submittal data. Allow approx. 10-12 weeks after Release for Production. Price includes shipping/delivery to Delray Beach, FL (offloading by others) Estimated Shipping Weight is 2,900 lbs. each Payment Due 30 Days from Invoice Date Pricing Valid through February 20, 2009 Pricing does not include any installation, startup assistance, valves, piping, gauges, vibration isolators, anchor bolts or any other items not specifically called out above. SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 + 1368 SW 12th Avenue, Pompano Beach, FL 33069 Toll Free (800) 396-4182 + Phone (954) 781-8400 + Fax (954) 781-8434 + www.sepump.com SOUTHEASTERN PUMP Tampa + Pompano Beach + Jacksonville Following is a detailed review of the provided specifications and all known deviations with detailed explanations. Section 11190 -Horizontal Non-Clog Centrifugal Pumps 1.04 Submittals B.1.d Clarification Moments and Forces shall be per API 610 B.1.e Exception Control submittals to be supplied by others B.1.g Exception Anchor bolt calculations will need to be done by the Contractor's structural Engineer in order to be compatible with site equipment mounting pads, etc. B.1.i Exception No foundry certificates will be supplied. The casing and impeller materials will be ASTM A536 Grade 65-45-12 Ductile Iron. This is the minimum construction material used, therefore no opportunity for confusion with standard ASTM A48 Class 30 Cast Iron. 1.05 Manufacturer's Service Representative Clarification Southeastern Pump shall represent Pioneer Pump and provide on site services as required. 06 Tools, Supplies, and A.1 Clarification A.2 Exception A.3 Exception A.4 Clarification Spare Parts No special tools required Lubricating oils and grease to be supplied by others No motor bearings are included. Motor repairs should be performed by an EASA repair facility authorized for working on IEEE 841 motors No shaft sleeve used in the Pioneer Pump 2.01 General B. Exception Controls to be supplied by others 2.02 Performance Requirements A. Exception Point No. 1 efficiency is 80% Exception Point no. 2 efficiency is 56% Upgrade Run Out Point efficiency is 75% Upgrade Shut-Off Head is 110' TDH 2.03 Pump Construction C. Exception Gauges to be supplied and installed by others E. Clarification Lifting bolts or eye lugs supplied on individual components only. Complete assembly is best lifted from beneath, or prepared by professional rigger. G. Exception Backplate is not dowelled and no lantern ring is supplied SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 + 1368 SW 12th Avenue, Pompano Beach, FL 33069 Toll Free (800) 396-4182 + Phone (954) 781-8400 + Fax (954) 781-8434 + www.sepump.com SOUTHEASTERN PUMP Tampa + Pompano Beach + Jacksonville H. Exception The pump shall be fitted with a single seal with Silicon Carbide face materials, 316 Stainless Steel hardware and springs, and Viton elastomers. Mechanical seal shall be non-fretting, stationary elastomer bellows design, and will be John Crane Type 2 or Flowserve Type 31. I. Exception Impeller shall be statically balanced only J. Exception Maximum sphere size is 3.50 inches. Exception Impeller is Enclosed Design with Suction Wear Ring; no axial adjustment of the impeller is required. Clearance between the impeller back-vanes and the backplate are used to establish proper running clearances. K. Upgrade Pump shaft material is upgraded to ASTM A747 CB7Cu-1 17-4 Ph Stainless Steel. Exception The impeller portion of the pump shaft is not tapered Exception No shaft sleeve utilized, shaft is constructed on 17-4 Ph Stainless Steel and the mechanical seal is of the non-fretting, stationary bellows type to prevent wear on the shaft. P. Clarification Bearings will be shipped with grease installed R. Exception See note J above. 2.08 Controls Exception Controls to be supplied by others 2.09 Gauges Exception Gauges to be supplied by others 3.01 Installation Exception Installation by others 3.05 Field Tests Clarification Field vibration and laser alignment will be provided by a third party supplier (at the expense of Southeastern Pump). Start-Up supervision will be provided by Southeastern Pump. We are confident that based upon the substantial construction of the Pioneer Pumps and the local support of Southeastern Pump, the above pump assemblies will prove to be a tremendous value to the City. Please contact us with any questions, or if we may receive your valued order. Sincerely, ~/uicG~;-i~/gym jv Approved and Accepted for Purchase, Subject to Engineers' Approval, SOUTHEASTERN PUMP PO Box 100727, F Lauderdale, FL 33310 + 1368 SW 12th Avenue, Pompano Beach, FL 33069 Toll Free (800) 396-4182 + Phone (954) 781-8400 + Fax (954) 781-8434 + www.sepump.com From: Shad Gordon [sgordon@sepump.com] Sent: Friday, January 23, 2009 4:22 PM To: Majtenyi, Victor Cc: John Veerling Subject: FW: City of Delray Beach, Area 11 Reclaimed Water Booster Pump Station Attachments: SC1212S17-1200-VT.pdf; SC121S17-60-6 A5722A-REV.pdf; ECP84404T- 4.pdf; SoutheasternOl.doc; DelrayBeach-09-O1-21a.docx Victor, In reference to the letter forwarded to us from Mathews Consulting asking for clarifications we offer the following: 1) Pump curve is attached. Pump assembly drawing is a custom drawing and will require a few days to get through their engineering department. A drawing of the same pump with a different spacer coupling and different motor is attached as a typical drawing (do not use for construction). 2) Pioneer does not have a 10®X 10® pump to meet these specific conditions. 3) The pump quoted (please reference attached quote and exceptions list dated 1-21-09) would come with a CA6NM stainless steel impeller (360 BHN) with no wear ring and a ASTM A48 Class 40 cast iron case wear ring (200BHN). Pioneer can supply a 400 series stainless steel impeller wear ring (450 BHN) and a 400 series stainless steel casing wear ring (500 BHN) for an adder of 2 800.00 to the pump price. This would also add 2 weeks to the delivery time. 4) A two year warranty is standard for Pioneer Pump. 5) One spare coupling and one spare mechanical seal for each pump is included in our quote. Start-up and testing is provided. Minimum three trips and 5 days of service will be provided for inspection, start-up and training. 6) A Baldor/Reliance motor model #ECP84404T-4, TEFC IEEE841 motor will be supplied (please see the attached data sheets). Pump and motor deliveries are consistent. 7) Each pump will be hydrostatic tested at 125 PSI. 8) No split seal is provided nor can it be used with the Pioneer design. The Pioneer design utilizes a single mechanical seal with hard faces, lubricated and cooled by the pump media, that requires no flushing or venting. 9) Suction and discharge gauges were not included in our quotation dated 1-21-09. The Pioneer pump only has a gauge tap in the volute for a discharge pressure gauge. There is no room on the volute of the pump for a suction gauge tapping. The suction gauge would have to be remotely mounted in the piping system. We can be supply the requested gauges for an adder of 3 684.00. 10) Factory pump testing will be performed with job motors. The guaranteed minimum full load efficiency of the motor will be used to determine the pump efficiency. 11) Please reference our attached quotation dated 1-21-09. We have listed a detailed review of the items quoted and all known deviations with detailed explanations. 12) Anchor bolt hole sizing is shown on the assembly drawings. The actual anchor calculations will need to be done by the contractors structural engineer in order to be compatible with the site equipment mounting pads, etc.. 13) Spare parts (as listed under #5 above), lubricating oils & grease will be supplied by Southeastern Pump. 14) One set of motor bearings will be provided with the spare parts. 15) No alternative impeller selection is available for the quoted pump model. 16) Lifting bolts or eye lugs are supplied on the individual components only. The complete assembly is best lifted from beneath or prepared by a professional rigger. 17) The impeller is statically balanced only. Dynamic balancing is available for an adder of 1400.00. Please add one week to delivery time. I hope this answers most of your questions. Please call with any questions or concerns. Thank You, Shad Gordon @ Southeastern Pump Co. (Cell 954-868-3785) *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Jan 13 09 12:29p Jerry Reie~slatler udson " ~° ~f ~ T~. H~~~~ ~la~e~7s ~~ ~ ~ R~®r~~e 5~1-~~4~-~3~ F~c® 1-~3-7' 9542278598 p.1 fie. .~a~t~ar~y 13~ ~ Hared: Pf y®~ h~~r~ ~~~ quf~~r~~ ~al~as~ att. Jan 13 09 12:29p Jerr3r Steins#a#Iar 954227898 p.2 Bo on P~C~.SE~T. ~~ ~ i ~r mp Sti~r~ 13~ds~~e F~ a~~m~~t t~ sit user d ~' air ~~ p~h$~ ~aa~ ~~dsfl~ ~~ ~t a ~rc~~cEs ~s des wm I® ~QP ESC Ii~~: ~ 1t~t1~2t.~C l~~t~el 2 I~ ~ -1~ m tad ~t ~, G~11-IQ ~~" '~'~~ @ ~9~ ~i~ ~ #i~~ ~~2,~00 G~ ~ 7f-$ ~ ~ 1~ sad ~. r~~et~t e~ndm~ (~f S,~®0 ~P ~ ~~' t ~ ~ { ~~;g€~o~i t4J ~ 2(~ ~, 7S F~.I'b 'i`~~, 90~ , ~~lts, ~ ~h He~°~. ~~ ~#t~d ~'t~mp d ~~eb~r ~~ta, Spy P~ aad Se°t ~3~ ~s ~aac~~ded. T4~e specifica.#~~ns listed a~~e ~e 8~ae c~ly si~aas the sham ~~}y to this ~opas~l ei~z~a° duly or by refe~nce, may s~zf ca~i®~ mat is mot sg~~ca~1€y included as . ~f tl~s gz~pasaT is excluded fr~r~ fihis ofl~ri~~. III. ~®11'~ X13 ~ ~~A[t~I~i~: Jan 13 09 92:3flp .}erry f~einsia$ler 9542278598 p.3 ~ ~Al/l~~e This bid is valid #`®r 30 Sys ~nicss ~€cis~~vn by scllvr zn wrung aid is t~as~d uPan. ®qui~~e~t please for r,ufact~are within 9t} d~rs ~d shiparaen't ~~ co~pletican car within 1 ~ dajTS ~~ t~s[ Cla~'e 5t1~?In~ttc'il. ~~C:4.~'i®~: 14~tera2~ sureet~a~ ~d ~scaiatic~n v~ll apg~ly tcs ail ~~°d~~s not released for nlanufacturiaag and ship~er~t within 90 clays of a ~~ data. . T a No tomes iractaad~. '~`~'I' I~~C~HT. ~.®.~. F~ct9 ° ` t uw~i tES .io~sile. ~' ; 'Tian ~ta~ae~aen# w~ be s~P prairated per ~~ ana~a~rs standaxd ~aittt systcm. Sl~i~~E: teas ~ 5 days of see for i~spactaag, std-ark and ~g vn ~e ixacl~~ct at rev chax~e. l'`~ additivr~ service, add ~ 5~. der day Plus s. 1~~t~E~ : The falio~eag items ~c~t itaclud~: bastailab'son, atignrnant, sale~rlates, templates, anabaa balms, standard teals, l~briats, and 3~ otYcer iEeraps n®f s~eci~~iiy ~.sted in this Pra~sat_ ~. Tl~ ~®~`1~~7N3: This P~Pos~ is quoted an ~e send teas, cc~nditior~ axed. ~~vaxr~aty of the rra~meufacts axed per the shed. l~udsora Pur€ap ~ lEcgvit assumes no liability for Iigaaidated. es, coazsequen~~ ges andfor rya®val reinstailatio€a chars. ile ~~iI~PIl~~ ~AT'l~~ ~~ w f®r scabrni#,tal ~a€~.tican. 211-22 weeiCS for ~arxtafactaere aver app~val, subject tcs prier sale. . s~~~~ .~~ ~~ xis (~) Este} P~G~ ~ ®~ ~ Jat~ 13 49 12:~Dp Jerry Reinsiatler 92278598 p,4 IN ~ - f'umttasar n~r~ and urartarti~ the they produet(sp c~vere;s! tYy this aflretract shall rxat bs used firs or ire ~ne~fian with a reuc~rfa~lity orappiication. I~O~IC~fiGEt_t.~°C#~ht - €~ssrer rs~y not caeeaxl or tenrraeate for ccamreniere®e, or aiir~ snsiors of rs~nufas apt on meats~ally aex~tabte terms. iY~ - tf ~omp$ny Suffers delay in petfcrtrsar + t® e~use its mestr~, inde~ng tsert rtot tia'rsited tD a~ of Cod. corer, asfi or failure to pf gouerrerreerst, act ~ orraissi~rs of Pe~saser, fsnE: flood, strike esr !shat troasDles, seatr~age, ~ delay in ot3taining i'rorrt ctP-ers sure seauaoes, maieria#s, ar~m~, e~saipaesent ar fsarespan, ~ tierce cf perforargance shall tae ex~rtded a period of time equal ~ ~ ~riocl of the delay grad its e~ssequersc~s. Corrspasegr ~r~l to Pur~easer notice io writitsg vsira a rerae3ble three: after Corrsparsy austere tsf ~ such dewy. ST {sE - b4ray items of tl'te prochscx(s} an wtsirh anaesESfadsare ®r ship€reant is efetayeai mY causes e~ifhin Petrchase~ camstroi, or by causes wtsicts affect Paarohaser's ~ility tc ree~ive fee prmduct{s}, relay be fslis~ in storage hY Comp~ey fcfr f%urc#a$ser''s Bret and risk. TI'iE.E i~~ ihl f~E - title ~ ~ produed(as~ ared cisls pf toss ar dam shall tm Darr at the fe.fa paitrt, e»pt than a seeuaity int~st ire tt~ ~duet(sj and P and any t stta~ rerne~sin ega Cotrepae~y, amgrirdtess of mule of af~cFuasent ~ e~alty a~' o property. urstil the full price tsar taeen p in r~ste. Per~ctsaser ~ to da ertl act rea~ssary ~ perfect ared meirats sad laity interest, aid t® prates Com~ey's intierest ~ quately irring ttee pma~act(e;) ' st l®ss or damage !torts errey exter~l netith Cdsnpany a$s istsured ar ~-irae3ua'aed_ I:.t?~f't~TtL7fi ~ Iri't"~/ - iVieither C~tspany rtor its se~ppiiiaars 5hal! be tiats~, mal~thar in contract aZr in Bart a~ under arsy other I~# tteetary, far fo55 of a1se, nseeenue ax profit. or f®r oe:st of I cr of use er perfDreYeas~t~, or &ar ie~r~ntat, indirect! or special car conss$asentsai darreages, r~ ~r stay rather i; ar of SIPni68r type, of far claims lsy laurc~ae3ser ~i rlarna of Pureha5~ar's eustamers. t.lke~i~se, Company shall got. ursder atry circurrestanoa~, tie liats~ for Elsa taeuft, negligence, ar uvrotsgfsal act of Purchaser or Purcta's erraplssyees, cr Pssrr's other c~atractars elf supp#i. Ih! fi0 EIfEIRIF SFItRt.l. Itll( 13E i_lR~ I~ ~CESS CDi= ~f` ~PeLES Pi$tCE UP 'f>l-lE P~~(8) fN~ ~C34?tJC'f l=®UNQ f~EFECTtV~. C~~~FRAL - (s) many wii# cexraply E'~ith all taws a~daa~s#e f® Corr any. with ®SI-lA ors#are~r feel, stets ar loe~l iavus during ~ errs ~ use3 of the pr$8 is flee so#e resfaoresihility bf Psrrr. (b} The t~hv5 ~ the State of ~Eorida steal! go+n~re tt~ validity, int~pratatiaare arxf ers~rcees'serat ref any e~etract ~ e~rhic#r gseae pro+ris~2ns aa~ a pert, without 9 eft to any nsles g~ t#se cont~ci of taws. (cp 3his doctarra~et arsd any csthar docurrse sp~ly refers to as being a past hereof, csnstitut® itae entire corstrad ors tttt~ sut~ect a~4;eer, and h sh~l riot tae madiPed ept ire writing sigraecS tagt t3eYEte taarkmes. iln o speci~d, any aat~npe to PeerGhaser's order ~ fer iderr3lif~tgn QrHy. Aaaigrement rssay tar coeds; army with en><ittera corssesrt of bofh parties. ~CEF'gl4ddC6 - Ttae daRerminatimrs o4; coretpliane~e w"sth perfe~rmancs ~arare~es enrill tae teased on rr:su~s a£ fury tests and~ar coretrol~ rora~biores swith calibrated irsstrusnerets a~rad testes! pew standaeds of ttaa t~tye~aulic InaafYitttte. twC3hl'tft ®~O.SI~ -These temps and oarsditions sh~l cordrot ~ to stay ~ecFsase: order ~ sale of the Compffit}r's prrxtuats. loo waster, al'tztion or rssrern elf these 4errres and ~nditivr~ s~tae#eer e]n Pur~sera pura3sase os~der or sthervaese shy t~ valid uesietas ttte araisrer. alts ~ reaod"a~aara#ican ~ y a~pted firs veaiiting assd screed risy acs authariaed e~resentatiere of the Company. I'A~E 3 ~~ ~ Jan 93 €~9 92:39 p Jerry Reinstatler 9542278598 p.5 ~~~~ ce Test v~ith ~ieap ~lii! Armor ® ~s~ ~~ ~~~ Tee A4~ &IyELC °~ ~. ~p~ Ps~ts ( 't~ 2 e~chj ® ~ha~t siaeve ., ibferhat~ic~i seal ® ~~~~ ~ P A~ *sbaavo ~ris~ and ate rte. ~2 n~a ~ nee, ~®t taez~el ~~ ~ ~ 1. ate ~ e 2 m~~s ~ve~ d tip 2. 1T"f' F1y~ C~ 's scrspte esf ~ ~lta~ sescfic~ar ~d of'tf~ p ~ tex~ati~ teoxes oi`t~e ~totKpt. Rid is iseov~d at ~ rand tl~Se po"~. [n~nilmtic~.n, ~uceian ei, sue[ water s~tions, air 9~1~, v~caa~ ~ sys ` 'cm spoad pies, [nisc~llasm ~~ not " pig e~uiprtt, ld ~ a~ ~ ~ottexoent ~ et site, rentmvai oii t~ eS~C-trtg ably ofd ' ~ sib ~ ~ s~rit~ mac. aaEd Jan 13 ~9 12:3'ip Jeny Reinstatfer 95~227859~ p.6 2,m3.H 'fie peat ffi ®~ ~ ' ana! ~ ~sr a . T~ case bae vas ~ ar it c~ ~ ss(' iRle m~ n Cade. ~ ~ b ties sal. v~, ~ ~ is tkte a cass~ ° a sxesct g veal r~ea'ss~ an addax adder. Pr~g~siil ~~. 9-~31~5 0~ It~c~~d ~y ~~g~r ~~~ Ie~rr~ ~Q: I'~i~ 001 ~~~,u~~ ~. ~~~ ~Q ~~~ ~~~ 1~ lye ~®nrte, coeipElar~ easel ~ ~~~.~ QC~E~~.i$1 Sl~R~ffQ~ E~~~l~ ~ ~~.Q ~([l ~ ~~ ~ €E~~ ~f~r~~~CEd ~~ ~~~ 1~U~LtSHE=f2 irF~ 79.~°~ (C~35~ Rf4~ E~E~ T~.O with ~ntra~t ! I~EO E~~V~ &8 6 lip (ice. Mai. s~.1 ~e~ ~~#2~. dun sue 6R.4~ hp~ ~i~5E-iR ] 2.4 fi~ CIBSGE~ PE$~~liEF~j 23.2 psi $ (~L2 pee $ (~ Sic ~ascd ~s i9.ii psi g au~,~ PE:~F. CE~R~/E A-E15f13-1 ®~ C~4* vi~ecl ~s~ cI~ c SiiE~B1` ®~'~ H3 47.5 R AAlE~i. FLQIl~ C®ntureaocrs Smbk: B,s?b.~ Hydraulic: I,S2b~ ~va-'l~aai: i+1/A ~~T'1S15 G®f~STf2llCTlC)[a6 Cast ~r~~r CA~Ef~tQ Cast ir~a ~rreaxxasinggres. (cry recd ftmpe~t~ 75.D psi $} S[~Cl'BC~ii ~ Cast lr~n V4lF.~OR Plr~T~ ~ 1.5-flA~ Charm steel (P,3SI #E€!~S} ~T ~! C~~I~F~ Case iraar s Clams 3f6 Sfl~~~I~F3 1~ue (i~tEe~`s[e l~n~ (3Ei~~~~ ~rFSttd,ma~21.Qi in, eetin~tf.tltl~! irt~ B[~PEL3~ER 9~iNC ~l.S-14°6 C$wae~ 1(~.ISI ~9) a1-!~~ E~A"E~~ZBA~ AISI4E~ ~~I AISI 31$ SS i.l1~Ri~'!'i®N It~a~ssblc E~cings ;~~ QB~R F~AA~Etiasaieal Seal G1..AN® 3I6SS F[t~sh CA1.8FaL11V6 T.13. l~a~d's - 5 .fie t25~_F. l.?5 ~t~UP'L3Y~1G G4C) Ceriaars Sty{ ;t PI,~TEo Fabr~t ac~l deip E~igs ding et~~cl RREdCHANt~. S~ Q~rsceetort 442, t~CA ~Cac~carr es Silica C~bicic with Af~s) - (Sglit- Si~~ie~ I~'°~ Jen 13 t19 12:32p Jerry Reinstatler 9542278598 p,8 fro 1 AEa: I.iCRB~-tea ~ 1't~~: I'I'~tI ~D1 ~V1flD~I.: ]VSl~ F?-~4 tt~xlDx? li:~ Fl~~~s ~ ~ ~.~. ~ ~s~uiei ~ fe~4~tres Bors~l9~r balertoe t~ i~a 1! ~.5 l~ist~rg~ tiara 1 ~~7~ll~~lT~A~l~il iaea~~ p s - akf °al (3 ~~e~} IS,~~~2i2~~~3115 9165 a Gib i~rdwte 39658 ~iard~ara ~~ Menctaar~r's ~ar~ gray e~cy c~oaiir~g per : ~l~~~r~~ ~~tt~r ar~~~.~ : ~~ '~'s ~h®y~~ ~lii~~3i8i-i~ ~,r ~~~ ~~ ut sv ~,~p ~~~ R~TBi~ ?S_~P hit (~5.9 ICS EiV~LOSUl~E Severe LluryfCUlill tad Cber~ical Pr~m~urn Efficiency ~B-y~4~i=dFRE(~NDLI's 3f6~9Iiz~.30f Si~f~f] ! RF3d! IeV sl9L,4TtE}{~Fif~~ ~'!l.!§ FRRl4~E T ei~h#s €~~r ~axae~tlcatr is ~itc~d ara ~~ee rarer ~aeaaents d rx~efr#ia¢~ e[f~r~tti'ibed ssae- ~sa#. ~~ 2 Jan 13 09 92:33p .Jerry ReinstatJer 9542278598 p.9 ~7a~c~~I: N~9Ji~ ~~ue 19 ~L~ ~~: ~7- i~1Hz ~ : 3 .tatafin4iVcs. Per : i~1~N PLlM~ l=nd lle~ : i1A ~ 1~P1'>~' rssuet~ g~- : ~r ~ra2a tiarrUi`qulp.t~~v. - i'i'i<1 Q[i'r n Na.: -~~-BIS ~ €~2te ; #13f~t~{lfl® Dpe~tir~g ~~'i't~na P arty ~~= ~ Q~ctraet Ptsrnp Sif.: 78~ 3G ~cil~e 'T'emp.: 7(L~ deg F d~ctuet i~umR PowreP: 68.8 hP i~G~. i-i~a~Eic ~icas~: 1.-~ 9Rm S.(a.Msa.: #.OG~I'14~0 cp '8"dai ~~r I.a~ss: 0.~~ ~ ~6~.'Cher~s~i i~uv: i~~- Fig: ~e0€Y{3.t9 5-y(l4Ft ~28t~ T i~k'Br_ 6~.~ iip 7'€)M: :~.~ [t itr~. t3ia. first ~ S~(s~ 98.~5~ in 1VP5E~: ~5F~6: 926 #$ I+Easr~~eritl6 i?o': 684 i~ Sa~rr3 Sze: 5htat ~ t-lead: 9~.a ii 50 ~i1dS: ~lapar ASS: i~ax. ~1kis She: S.{ir3~ iR Prr a~ rr~ r prat [cteti an 6e4tsw~. i~at~: 4 . ~. ~~a teo~aparaeure efieais ~ ~ not i~cr~a~a. m ~ I ~~ ~gxtgae~tve- a ~~ a f Mee~:6~i~-1 ti~-D~P~'t~-9mt~~ ~ $~ 7~S T~s" ®S~Ia 9~9fl 4€3 1~I 1~ 1r~ i a~ 3C~ SCI ~ ~ ~ 2~ 40 P ~ ' i$ ~ 1il 3Ci 26 9® ~0 ~( ~ 3rd 7i~ g pm Q 26t3 5~ ~5t} 'lam 1~~} Rte? 970 rst'fhs ~~ .9an 73 fl9 i2:33p ,!arty R®ir~siatler 9542278598 p.1fl Fe~f~srtaot~e ~ta~a~eC~4eans _t:~-~ Futures for l~rreg Life Frame ~ End 5$riefds -Cast iron construction for exceptional structural integrity with condensa€hin T-drains. Lifting eyebdts are included for frames 27 3T tD 549. RoY®r - F1 unique offset rotor Isar design prou~es irreproved efficiency snfFtile larger bars and end rir-gs eedtste resistance for lower rotor losses. EacFa die cast alura7inum rtamr assembly is dynarraicalfy bala7acecl for extended hearing life, and incitades a high-str2r:gtFa carbon steel (C1£]~5} shaft far maximum rotor performance. Sar~aYdings -Manufactured tnrith g~remium e~ctrical- grade steel faminat#orrs Arad capper efectricat ntagnetwire to lower losses far improved efficiencies. €t urtiquestatr~r core design louvers f#ux der:sity while increasing taalnng capacity. Large conductor Crass section reduces resistance, also lowering stator lasses_ 9542278598 p.11 lnsulato<an -- frroprietary enverEer-rated Class F narr- hygroscogic izesulatian systerra wick PfEMR Class S ternpera- taare rise, provides ara extra margin of thermal hfe. VamisFa system application ensures maximuera wire penetration to pravicte prOteCtinra frorra ratr~isture,corrosion andelecttical shock. 'this insulation s}+slerra rraeets or exceeds f~EMA 1+~~1-24113, Part 31 rnaicing aft motors suitable €ar operation with variable frequency drives. Cooling -R bi-ditectionaf, non-sparking farr s Idelced and keyed to the sF-aft. its ksw-iroertia design redoes vrindage lasses, impt~res airflow, reduces noise and provides dependable coaling. Cast iron fan cowers are prrnrided an all framesizes. E3eariaags --ftegreasable, oversized single--shielded with cast iron inner caps. Alerttite grease fittings a~ the enters and pipe wags ~n the relief ports for ease of routine maintenance. For added isearing pratection,143~ 255T Frames have a drive end shaft seal arad 284T-~1~ frames have a drive end shaft V-ring sfir~er La,clrticat~n - A specially forrrwfated, high temperature tested, polytrrea-based grease is used to p~ouide more than four tirrres the lu6rie~tian life of at#ter polyurea greases. Oversized Oonduii t~nx -Cast ire csrasiructian that is larger than industry standards, diagonally spit, neoprene- gaslcetedand rotatable irr 9[3° increments farcluick an d easy c~raec0oras. fnc3utles a ground tug and norrwicking. clearly and perrndnentiy marked leads. Corrrssenra !lesistanre-Cast iron cares€ructinn, zinc-plated hardware, epoxy enamel pair7t and stainless stee6 narraeplate resist rust and carr©sion. ~lod"r~ble -All 5iernen5 rna€ars are available with a wide variety of modifications to rrtee€ yoaJr specific rrEOtar needs. s :,. Jan 13 ~9 12:34p w v 0 N C ~~~ ~ ~ ~ ~a~a ~~~ ~a m c~ ~~~ ~~c ~~~ ~~~ Jerry ReinstatJer ~.~ ~~ ~~ ~~ .~ ~~ ~ ~ ~ ~~ ,~ ~~~ ~~ ~~~ ~~~ ~'~ ~ m ~~ m 3S~ ~~~ ~~~ ~$ .~ r~ -~'a ~~ ~~~ ~~ ~~ ~~9 . ~~ ~~~~ ~= ~~ ~ ~, ~~~~ 3~ ~~e ~ ~- ~ ~ ~ ~ ~ ~ ~ ~ +~ o ~ ~ m ~ ~ ~ s ~- ~ ~~ my 9 ~ ° ~ '~ ~~~ ~ ~~~~~ ~ ~~~~ ~x 9542278598 ~~ ~~ rC ®~ ~.~ ~~ ®s a~ V g m c:a E ~ ~ v Q m E a m`a. ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~ }- ~~ ~~ -~~ p,12 .: .n 0 u o_ v -~ 0 m c~ ~~ c~ .~ ~°- ~~ ~~ ti c~ ~ .' ~ ~ ~ im a°e8 ~~ s~ a -- ~~ ~~ ~- ~~ ~~ ~~ ~. ~~ ~~ i) at3 0 U E m C Jan 73 OS 12:35p w d C~ ® E ~ (~ °~ l~ ¢ ~ g~~j $ ~ G] [> Z W W ao `-° ~~ r QS ~ ~ ~S ~'°` Jer-~ Rsinstatler s. w =~ L Q 1~ Q A O 67 '~® ffi fl LL i '~ 7a ~w _~ ~W O. O ~- rPs ~ ~ s® r ~ ~~ ~_ ~ ~ ~ ~~~ ~~~ `.. "C ~ P3 ~ ~ m !~ r ~_ ~ ~ ~ .. 8542278598 p.13 0 0 q LO ffi G Q .~ 6 .g 9 C C G n .~ d T G L° Q1 ~L ~' $V ~- .lan 13 09 12:35p ,~rry Reinstafler 9542278588 p.14 ia~ -- - Type R~~~ 12a1~g Co~_ 131= Sea~ng S~ X113398 1-ItP 75 lr~. Class F DI=1~r~ T R I~arir~ lialtaga S.F. 1.13 Q~ CFA 91}R }~~ / Arno. TES ~ deg C l=L RP~II 886 Term. Rise Class S (~D1=13earir~g Size 6316 I~L ~rrcy 93.0°x6 A Cade G ~E 8ert~ Type Sall Seas ~AfVllr -0~€T CdEAd1A FJes ~ C3®~ AFE3MA 80BCOC3,lP3 Iv}E AF~IA 9t3R~3~9 A/irr SIT 16i~ t9Dly ~C3 &DSCU3.lla3 1-lert¢ 60 Fh 3 7' ~e ~crce t Lvad l~sa Lca~ 1!2 3f4 Ft~1 lraa~ ncy 9.996 93.3% ~3.#3°!o LfaA :~ Aovaer Faclor [D.67 O.r~ t3.8 C~arenl A 37 ~.~ ~~.~ 9~ i c3~nical E3•a~ 56kF~. STP-LL 71R~ FIOT {s) 25 CC9Lt3 (s) 32 FPIr wt (!bs) 400 Fdtr ~IC~ Ext 1_ leier4a nFVK~) Cavity ~l700 !I~-tt' FLT R-St3s 445 I.,ftT #359E~ 13pT ~OD% "1'~ic~@ lil~iae ~ffi A-welgi~eci S~,rd ~cta~ne l~nol f;erster ~ce~t~ncies Hertz ~) Pressure Level dE}(A) 63 7?~ 26{3 500 #000 2000 >~000 S~1 65 a13 feet 3B 68 59 BO 58 5 a 42 SPa~r~ ~6 9A9'srlrac~ Coen ! '~ Des~lplimr€: 1Pc~tta~e L1 L2 L3 C~nee€ed Tcx~e#3rer 3 PHASE - 3 ~ - DELTA _ _ _ _...._ ... ......_...... ._ _ _ _ _ H1Czl~ T1 T2 T3 Lull " ! ~ F~a~aafac~rrot: Makril Pyrex EMA ~ egc~l ®~ Ca~tacaEl- (~-) 74.6 hea~rr~s emery soa Tye: I~olyurea EIDErrd Ca~c~r for-) 7. s m S;r~ets~ven~ i~ corEditions requ}. S~ Enstresdion Fd9ae~u~. eas S~~ ~r~ 1~E Fan I~o~1r~g 59-817~t-'D03 1]r~ C~+rer that a~p~a~[e Fan Grin 51-84y-{1~96~301 ®E ®earing ~~t# S?-~'I~0'@6 Fan 91-8'16-86'1-EIO'1 E~l9ea~ F'a-t~ 59 5518 ~a i~ ~~a5j~t lxa c~ar~ge ~vit11ou1 rtr;3tice. Jan 13 49 12;36p Jerry F~sinstatEsr 942278598 p.15 ~ ~ c~fc°E ' ' rr~~rad~&h ~~;~j ~a~,t Fraoaee aaa~a~-.. ~ :ta Rope Plnt Si3'ShpP P[BgErBils~ d'~ afEa1Q 7. FlrC4L C]9L Iqy ar! ?is.^ Ci:J'CC ! ai6'a'aadi_ wP.e SLhn$Y ACC°Cdlq'. `-.~s~-z~. ;,. Ca=L'L- ue 19d:i^1 arrrsJ q.tt[ a su ~a s.@4= ~a:t sf9'^tr'~ a U~t:i9:s: ~ .!c E wh ,, Eirt+ar ~4~9CC aec :z€ ~: ^.18~.'~ a: r~.s~l7 ~Tr9 el ~^c^~ c]f9S°RraT°7 rLS'..t@1a A>'h ~9sarrE r a:cs-~>' 76eaSEana •elrt: 53.:er::~187i1C'P.sS pal;'i7~ ~ 899 CYf t=~: Easrt 9r!5$°9cc has~t ar 3r9~ t'~'14 V3scsuCt:'e-'SS:xsne::kc.23t`r:eF~`'m . Fr9ei`C4Y : 5l.5 FYS HeQtean Qa$a: i«9. C. ~ d~.!j'9 m#7r1: 1r@. ' \] 79^Jtb CtS~FL`s: Er: Lraa .rC ;r5't4reGe ^.'Ci ;adcr 6t79t9 Sra' :Ck: r fsh1.,C ;t card x'~ A~,'F~^eh: G>el'c SpY_~ 7Y~T.@"ei7' ~"ly;r.; a1~4'~a.`ZS ~ 5ral aN@- F^f¢P 70 y7:' X9991: Rsresexa:rr_. ey[+hh®t Va:hl St9rfhcei E9~aaa +'c~t 9~trarx: an ®s 9`.Y.: t='E t»9~ K9~ .W:.a7¢var~:vr. Jan 13 09 12:36p Jerry Reinsfat~er 9542278898 !°~ ~~ FcErcSE 3 rf rah. .:4#~ P.~~!'n E T ~ ~4~® G1i~~EA~ t' 1t~. ~~fE~ ~E~ ~~~ ?-3058 e~ ~ i8C9E a ]- a J e 1;.C'~ u ~3C 3e ~ J d w~rY® j z]L~"» ~tA ~~ trier. ~~ T C3c 2~?fe 5G46 :~'t "6 ~Y4~CHR0ltblJS SPEED PQ ~.: '~' LiB 14]~ E7Ptder ~i~.: p.16 1 i'k1 L'h,YAi+S's CRf::U ~BP3';=7: ~.L~3.Lii ~A`: =t@..4:: P_~_tiA::r d11tk:UF H=1 ~:._ !E'.'i CARTER I VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Lv, To: Mr. Victor Majtenyi Deputy Director City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Phone: 813.287.0709 Fax: 813.282.8216 Quotati Date: January 20, 2009 (Revised) Per Clarifications to Consultant Comments Re: City of Delray Beach Area 11A Reclaimed Water In-line Booster Pump Station WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS 2 SECTION #11190: Horizontal Non-Clog Centrifugal Pumps Flowserve model 10MF16 horizontal non-clog pumps with 75 horsepower inverter duty electric motors shall be supplied for installation, alignment and hook-up by the contractor. Units shall have materials of construction and performance requirements per Section #11190 (2.01) through (2.09). Scope of supply includes: • (2) Horizontal non-clog pumps mounted on fabricated steel bases and directly connected through flexible couplings to/and including electric motors per Section # 16405. • (1) Lot spare parts per (1.06 A). • (1) Factory testing per (2.02.6.5). • (1) Lot start-up assistance, 0&M training, 0&M manuals and field testing assistance are included. Please Note: Price includes non-witness testing. Price includes suction and discharge gauges. Mechanical seals will be the Chesterton 442 model for non-seal water application. USEM motors will require a 23 week lead time. Only TECO/Westinghouse or GE can possibly meet the lead time of 14 to 16 weeks. NET COST, F.O.B. FACTORY, FULL FREIGHT PREPAID & ALLOWED TO JOBSITE, EQUIPMENT AND SERVICED AS NOTED ABOVE: $ 134,650.00 (Price does not include sales tax) Shop drawings: 4 weeks Equipment Delivery: 14 to 16 weeks Page 1 CARTER I VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.ca rterverpla nck. com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: Mr. Victor Majtenyi Deputy Director City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Date: January 20, 2009 (Revised) Per Clarifications to Consultant Comments Re: City of Delray Beach Area 11A Reclaimed Water In-line Booster Pump Station WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS P/ease Note; 1. We do not inc/ude sa/es tax pressure gauges, anchor bolts, wire cable, conduit, piping, installation, hook-up, field testing, control panels or any other accessories or other ancillary items which are not specifically called out in this scope of supply. 2. Under no circumstances will Carter &VerPlanck, Inc. or its suppliers be liable for any incidental, consequential, liquidated, special or late delivery damages whatsoever. 3. Payment terms are 100% net 30 days from delivery with approved credit. Our prices based upon no retainacL 4. Pricing is based upon Carter &VerPlanck, Inc. and the manufacturer's Standard Terms and Conditions of Sales. Copies of these documents are attached herewith for your review and reference. No other terms or conditions of sale will apply unless accepted in writincL,y an officer of the company TERMS: 100% Net 30 days after invoice date -WITH CREDIT APPROVAL QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OF FEDERAL STATUE Page 2 CARTER &VERPLANCK, INC. BY .xen 1Nal(er, P.E. CARTER I VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: Mr. Victor Majtenyi Deputy Director City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Date: January 20, 2009 (Revised) Per Clarifications to Consultant Comments Re: City of Delray Beach Area 11A Reclaimed Water In-line Booster Pump Station WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS TERMS & CONDITIONS OF SALE 1) Neither Carter &VerPlanck, Inc. nor the manufacturer(s) will be liable for damages of any kind, whether direct, consequential, incidental, special or liquidated. 2) The quoted price may include systems or components from more than one vendor. Carter &VerPlanck, Inc., will provide separate prices for individual systems or components upon request, although the total price of all items quoted may vary as a result. 3) Price does not include any gauges, gauge cocks, tools, lubricants, installation, anchor bolts, spare parts, start-up service or other items not specifically called out herein. 4) Price does not include any motor starters, controls, or power factor correction devices other than as specifically called out herein. 5) THE WARRANTY EXTENDED BY THE MANUFACTURER(S) IS IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES OR WARRANTIES OF MERCHAN- TABILITY, FITNESS OR OTHERWISE, EITHER EXPRESS OR IMPLIED, BY FACT OR BY LAW, AND STATES OUR ENTIRE AND EXCLUSIVE LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OR FURNISHING OF GOODS OR PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATION. WE FURTHER SPECIFICALLY EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES REFERENCE UNDER FLORIDA STATUTE #718.203. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. 6) NOT INCLUDED: Unless specifically set forth in the scope of the quotation, this offer does not include: - start-up assistance or field services - interconnecting wiring and/or conduit - installation labor - installation supervision - motor control equipment - motor starters or contactors - power distribution equipment - miscellaneous mechanical and mounting hardware 7) FREIGHT: A) All prices are F.O.B. factory or suppliers' shipping point with freight prepaid and included to the jobsite. B) Title and Risk of Loss passes to CONSIGNEE AT SHIPPING POINT. SELLER prepays freight charges. SELLER bears freight charges. CONSIGNEE must file claims for loss or damage, (if any). C) Seller will not consider any claim for damage or shortage unless it is noted on the bill of lading at time of receipt. It is the responsibility of the CONSIGNEE to verify that all items contained on the bill of lading are received prior to accepting shipment. 8) TAXES: The prices quoted are exclusive of, and Purchaser shall pay and make all returns for, any Federal, State, or local sales, use, transfer, or similar taxes applicable to the equipment and material once the same have been delivered as provided herein. 9) VALIDITY OF PRICING: The prices stated herein are contingent upon receipt of a firm order, or letter of intent, in an acceptable form from Purchaser within 30 days from the date of this offer, and Purchaser's willingness to accept delivery when the factory is prepared to ship. If a responsive firm order is not received by the above date, Seller shall have the right to withdraw this quotation and to revise the prices and shipping dates provided herein. 10) PAYMENT TERMS: Page 3 CARTER I VERPLANCK POST OFFICE BOX 24169 Phone: 813.287.0709 TAMPA, FLORIDA 33623 ~ Fax: 813.282.8216 www.ca rterverpla nck. com Quotation To: Mr. Victor Majtenyi Date: January 20, 2009 (Revised) Per Clarifications to Consultant Comments Deputy Director City of Delray Beach Re: City of Delray Beach 434 S. Swinton Avenue Area 11A Reclaimed Water In-line Delray Beach, FL 33444 Booster Pump Station WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS Seller's payment terms are that all invoices are due and payable within thirty (30) days of the date thereof with approved credit. Interest on the unpaid balance at the rate of 11/2 per month, or the maximum permitted by law, whichever is less will be added to all outstanding invoices which are not paid within 30 days. Our price is based on no retainage. 11) DELIVERY: The shipping dates provided herein are based on Seller's current information as to availability of material and components and our best estimate as to dates on which we will be able to ship. These dates are subject to revision or postponement because of unavailability of material and components or because of events beyond our control. If Purchaser requests postponement of previously agreed to shipping date(s), Seller may invoice the Purchaser, or then require payment for all of such equipment and material as is then ready for shipment; and, from and after the date that such equipment and material or any portion thereof is ready for shipment, any expenses or other charges incurred by Seller in regards to the same shall be at Purchaser's expense and Purchaser shall promptly pay any invoice rendered by Seller in regard thereto. 12) SERVICE: No start-up assistance or field services are included unless specifically called out in our offering. If so included, the Seller will furnish Field Service Engineer(s) as described in our proposal, at the time of start-up, to inspect the completed system, to advise in regard to placing the system in initial operation and to instruct operating personnel on the proper use of the equipment and material. The proper installation, start-up and operation of the system and any further changes to be made in the system, responsibility for servicing, and all labor costs thereof, shall be the responsibility, under the control and at the risk of the Purchaser. At the time start-up service is requested we ask you to be completely prepared, including where and as appropriate, the availability of power, water, flow, access, etc. so that start-up may proceed as anticipated. Any return trips to the site or additional time required as a result of failure to be so prepared, will be charged to the customer at the prevailing demand service rate. If service additional to that provided for therein is required, Seller, if available, shall furnish at the expense of the Purchaser, competent service engineers at Seller's then prevailing rates, plus travel and living expenses, to assist in additional service in regard to the equipment and material or in regard to equipment furnished by Purchaser. All charges in connection with such service shall be billed by the Seller and shall be due and bear interest at the Company's normal payment terms unless Seller shall require other payment terms and conditions. 13) GENERAL: The descriptions, terms and conditions contained in this Proposal and the terms and conditions contained in the Manufacturer's Standard Terms attached hereto, which are incorporated herein by reference, constitute the quotation of the Seller. To the extent that the descriptions, terms and conditions contained in the Proposal are inconsistent with the Manufacturer's Standard Terms, the Manufacturer's Standard Terms are modified by this Description. 14) No order shall be deemed accepted by the Manufacturer until the Purchaser is notified of its acceptance by the Manufacturer. Carter & VerPlanck, Inc., is not an agent or employee of the Manufacturer(s) and is not authorized to accept orders in its (their) behalf. 15) Any suit or proceeding brought by Purchaser to enforce this agreement, to resolve any dispute over its terms, or to sue for damages for its breach shall be brought only in a state or federal court of appropriate jurisdiction in Hillsborough County, Florida. Purchaser expressly waives any objection that venue in Hillsborough County is inconvenient or improper. 16) In any suit or proceeding brought to enforce this agreement, to resolve any dispute over its terms, or to sue for damages for its breach, the prevailing parry shall recover a reasonable attorneys' fee in addition to costs of suit. Page 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nandal, Purchasing Manager THROUGH: David Harden, City Manager DATE: January 26, 2009 SUBJECT: AGENDA ITEM 8.L.3 -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 PURCHASE AWARD/SOUTHEASTERN PUMP, INC. ITEM BEFORE COMMISSION City Commission is requested to approve award to low bidder, Southeastern Pump, Inc. for the purchase of submersible wastewater pumps at an estimated cost of $40,000.00 for the balance of fiscal year 2009. BACKGROUND Bids were received on January 09, 2009 from seven (7) vendors all in accordance with City's purchasing procedures. Three (3) of the seven (7) vendors were unable to provide pricing of all required bid items. Following are the remaining four bids: Southeastern Pump $ 79,773.00 ABS Pumps $102,422.00 TAW Miami $102,525.40 Custom Pumps $115,742.00 The Deputy Director of Public Utilities and the Manager of Utilities has reviewed the bids received and recommends the award to Southeastern Pump, Inc. Southeastern Pump is our current vendor and has provided outstanding service in a timely manner to the City of Delray Beach. The pumps from Southeastern Pump are stocked at a close location and are available for shipping and delivery as needed. FUNDING SOURCE Acct. 441-5144-536.46-20 WATER AND SEWER FUND RECOMMENDATION Staff recommends award to Southeastern Pump, Inc. at an estimated cost of $40,000.00 for the balance of fiscal year 2008/2009. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: January 16, 2009 SUBJECT: AGENDA ITEM 8.L.4 -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 PURCHASE AWARD REPLACEMENT VEHICLES TO MULITPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of twenty-two (22) replacement vehicles from multiple vendors. Classic Chevrolet in the amount of $158,137.00, Duval Ford in the amount of $214,737.00, Garber Chevy in the amount $34,428.00, Tropical Ford in the amount of $31,628.00, with additional awards to Rayside Truck in the amount $26,460.00. for the installation and supply of seven (7) utility bodies and $5,200.00 to PB line-X for ten (10) applications of protective bedliner coatings, for a total award amount of $470,590.00. Nine of these vehicles are smaller that the vehicle they are replacing, representing our efforts to reduce fleet acquisition costs and fuel consumption. BACKGROUND Replacement of twenty-two City vehicles based on age and life-to-date maintenance cost. Vendor Type Cost Contract # Classic Chevrolet (7) .2009 Chevy Impala 5158,137.00 FSA-Bid #08-16-0908 'Pursuit Du~~al Ford (2) 2009 Ford Crown ~-IS.706.00 FSA-Bid #08-16-0908 Duval Ford (7) Duval Ford (1) Duval Ford (1) Garber Chevy (2) Vic Interceptor Ford F-250 3/4-Ton 5130,662.00 FSA-Bid #08-16-0908 4X2 Truck F-250 3/4-Ton 522,567.00 FSA-Bid #08-16-0908 Crew Cab 4x2 512,802.00 FSA-Bid #08-16-0908 Tropical Ford - (2) F-150 534,428.00 FSA-Bid #07-15-0827(RO) 531,628.00 FSA-Bid #08-16-0908 'Pickup Truck Ra side Truck & Trailer -Installation of y `26,460.00 Q: Rayside-$3,780. ea (7) 'Utility Bodies Omaha-$4,520.00 FSA Contract $4.650.00 ea PB Line-X - (10) Spray-on Protective `5,200.00 Quotes: PB Line-X - $525.00 'Coating for truck ea. for F250's, $500.00 ea for ~edliner F150's- FSA - $590.00 ea- Total: $470,590.00 FUNDING SOURCE 501-3312-591-64.20 Garage Fund/Machinery Equipment/Vehicle Replacement) 001-2115-521-64.20 (General Fund/machinery Equipment/Automotive) RECOMMENDATION Central Garage recommends the award of the seven (7) vehicles to Classic Chevrolet in the amount of $158,137.00 (11) vehicles to Duval Ford in the amount of $214,737.00, two (2) vehicles to Garber Chevy in the amount $34,428.00 and two (2) vehicles to Tropical Ford in the amount of $31,628.00, with additional awards to Rayside Truck in the amount $26,460. for the installation and supply of seven (7) utility bodies and $5,200.00 to PB line-X for ten (10) applications of protective bedliner coatings, for a total award amount of $470,590.00. 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E ...... ~ w ',,.. .. ........... s s T s T s T s s T s s a a a a a a a a a a a o ~ a a ~ ~ , ~ ~, ~ ~, ~ ~ ~ ~ ~, ~ ~ L L , ~, ~, v , U U U U U U , ~ ~ , , , ~o ` ~o ` ~o ` ~o ` ~o ` ~o ` ~o ` ~o ` ~o ` ~o ` ~o ` s s o w `o w -°~ U U U U U U U ~ o o o o o o o o o o o U U U U,, v v v v ~~ w w... w w., w w w w w., w w ~ ~ m, U m. U ~ m m m m m m m m m m m m m m~ m m m m m m m m m m m ' a ` a ` o o U U ',,. U U U U U~ D D ',,. D 0',, D D D D 0',, D D ,, m C7 m C7 ',,. ~ ',,. ~ ',,. C 0 M r r in ~ ~,, r' ~,,,,. M',,.. ~, ~', ~ ~ ',.. VEHICLE: Impala (IWS1919C1) Impala(1WS19/9C1) Impala(1WSI9/9C1) Impala(iWS19/9C1} DEALER: Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Classic Chevrolet Pontiac & GMC Trucks, Pontiac & GMC Trucks, Pontiac & GMC Trucks, Company Inc. Inc. Inc. ZDNE: * Western *Northern * Central * Southern BASE PRICE: $18,730.00 $i8,496A0 $18,496.00 $18,800.00 • western & Northern Order Code Delete Options & Central Southern ' 6"C~- ~ , 5„ mood dgrlle [ati~p - - _ , _ } ~ {$?6rU(}j i $40:fl0' N81-D 2 _. full size spare fire ~X: rirn ($96.00) ~ $88.002 $-Bfi-T?.. . ~ Body silo mauldin~s . ' {$56 OQ }.l ~30.Of~`' Western & Northern Order Code 1 Add Options & Central 001 Southern $ i 85 002 1?S Priority startlbattery saver $190. . PS 2 ~y l T'actoryremateet~bir~e:s_tar# $190.OD'I $1'90.00` AP3~` - ;: SKPL E Skid plate _ _ $258.001 $260.002 KSKID Z I,~ t ~ ~ Plastic fiber rear sea# ~ $47f~.ni ~ ~ $~8~ ~{]f)'. ~ PS~r~T - ': ~ -_ F A1MT 1 Auxiliary equipment tray $375.001 $319.002 KTRY 2 NS ~ ~ - Might salver ]iglu = - : E _ 4y~.00~1 - $91~,Ofl`-. V~:7~1 v I ;- - - y 1 t 7Y6 ~ Courtesy light disabled ~ NCl \C 7Y6 2 ~ 6.Ib 1 ' Rear panei 1ai13~is - _ ~ .. ~`'-lb 00.~ $?~0,4U` K1Qvt .. Under hood lamp - ~ = _ f $74.001 1 $80.002 KQ1Q a KS 1 Short shit"levzr ~ ~ : ~ ~ Ofl ~ $'~4~00 1 2 65: ~ ' ( ~_ _ E - . 6N6 1 Rear door locks ~C handles ino eratzve p 5 ~ $7_.00 € $5.002 6N6822 I~1?H ~ Rear door locks d. liaiidles'inoperative, dealer n~odificattori - - .- ~ $55,f)U~ ~ $SS.OU 6N5 1 Rcar windows inoperative $35.00 $35.002 6N5 2 ~ _ I?`P t ~ Legal deep rin£ed.i~lm, fitetiEne tvatr~ty~, dcaier-znstalleci! ": ~ ~ S~4G.001 ~ S2~O.OC1' TINT 2 - ', _: ; TK r • Third key a $56.00 $56.042 • 3IC 2 B,id Award Announcement (OS-16-0908] 106 VIEI'IICI.1: Impala (1W519/9C1) Impala (IW519/9C1} Impala (1WS19/9C1) I mpala (1WS 1919C1) A&' AIr~R: Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, $uick, Classic Chevr olet Pontiac & GMC Trucks, Pontiac & GMG Trucks, Pontiac cYc GMC Trucks, Company Irtc. Inc. Inc. ZONE: * Western *Northern * Central ~` Southern BASi'r PRICE: $18,730.00 $18,496A4 $18,496.00 $18,800.00 t ~ WRx7 G)rN 3 lnininzprn, vvarrti~tg lights - L7~D liglzts ~riav be btuc, red, ~ ltear dec}~ LED $340.7}0 ° $359.002, 2 ~ }~ , ; combina#ian - spezfv ~o1Qr _ azarber=or auy ; 7Xb-L ~ ~ _ - ._- Lefl-hand pillar mounted 6" spotlight v~rith clear halogen bulb __ $285.00 ° ~ $285.002 • 7X6 ~' 7kG.R ~ Right hand pillar ~notuited~6" spotlt~ht ~v_ith-c.lo~u'=halog,e bulb _ ~ $~2Sti 0[~~ f 55;65 OQ` 7~7 ~ rrrcfrrdes 7:IG ~Hpiligr riabrmderi ape>ttjght 2 _ W- 2 S ~ Strobe grille ligltts, 2 minimum (WhGlen, Federal, Code 3 or approved equival~ nt i $' 80.00 ~ ' $315.002 GS ~~~-~L 1 I.E7~, CrEN,3 niitntnun~,'•b z11e hgh#s ~ n3nzznram: LEA light, ma)~ bc, bluz red ~ ~ $34p UU1 $3~q 00" , GL ` 3 nr appro~ c~i, = . amber or arty combination spee3fi~ color ll'~'helen Federal Cod~ - € equivalent) W-RMS t Rearview mirror strobes (Whalen, Federal, Code 3 or approved equivalent) $370.001 $395.Og2 RMS2 ~~t'-RIvfL 1 ' LEI7, GEN _s niniatum re.Zr viz~~r :mirrgi' flashitrg fights -'L111] lights nzay-bc bltiz i ,$360+OO:E $3.70.00` Riv~iL ` ' red, atrik~er or any conzbnatiori='spec.rfti•_culorl{Uv'helrn, 7{'~deral Code 3 qr appro`c~d ~ - equivalent) - { W-Rk3S 1 Roof-mount amber strobe beacon (Whalen, Federal, Cade 3 or approved equivalent) $130.001 $275.Op? RMAS 2 ~v'_'1~L,S'1 Strobe. trunk lights, ~ ~7rinimunl :(~G'helen, federal, Code 3 or apprczvtd cniuv3lent) _ - ,_ , $''S0;[)Q'1 ~ , $330.00'. fI;S " _ W-TLL ~ .. I,ED, GEN 3 minimum, trunk lights, 2 minimum -LED tights may be blue, red, , ~ $340.001 , - .-, $350.002 . a TLL 2 amber or any combinatian -specify color (Whalen, Federal, Code 3 or approved equivalent} TLHz , ; , Halog~'trtznk l,~lits, 2-i~initnutl (~rti'lieIn, Federal. Code 3 Qr a()-proved:~quiualeiat) N~t1 I $~~3 t)0~ ' Strobe integral directional arrow activated in lightbar (with controller if required). NA $440.00 Requires purchase of lightbar. . lrED; <iEN 3 ninirnum inte~l'al:c)iractional atTOi ac.tzvaled in li~litbar (v~~,ittt ~ NA $:175.00. controller if required) -1~E1~ lights tnay ~~e bt~e, reel, amli'er or airy coml~iiiatiotl - spccii}' dolor. Requrr~s-purclase of Ngl3tbar. r Halogen integral ducctiunal arrow added to hg}itbar (with controller if required) NA ~ $385.00 1 W-TER36'41 rr ~- *'th 6rri doles- wit}i'contrnllar zf ~ TratFic directional LI;D; GEN _ ttlmrmu~zt, a o ~ ~t 4 l '$56~ OU~ - ~ $875.00'' _ _ requiredl. :. :.. ~ - '~. ~ _.J_..._ .'- -~ .. ~ .._ .- C-3RLS 1 . . _,_: _. , . Code 3 RLS -upgrade, deluxe siren to include the 3S98L5 series, microprocessor $596AU t ~ $495.00 controlled i __ - tr 11 d _ _. NA . ' $~~5'00` `, Federal° SzgnaL~n~art Siren -1~pgrade, aeluxe.sireri t~rcrgl>rocess~ii; c.on,. o e . S ~ SoundOff Signal hTSA330Iv1F -deluxe wren NrA NA W-UGCC `RtheieriCencotir ups adc, (lelt.ls s3re~i~ nzicvproi~sa9F:controll'ecl - ~$360.OD`l 1 $_395.0(!. Code 3 -Headlight flashers, solid state $146.00 $170.00 <. . ..:.. - NA ~ $155:00: Federal $~igifal -Headlight ila~laezs, solid state. , , ~: SoundOff Signal -Headlight Flashers $146.00 $169.OQ Bid Award Announcement (O8-IS-0908) Y 13 VEFIICLE: Impala (1WS19/9C1) Impala (IWS19/9C1) impala(1WS1919C1) Impala (1WS1919C1) DEALER: Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Classic Chevrolet Pontiac &GMC Trucks, Pontiac &GMC Trucks, Pontiac &GMC Trucks, Company Inc. Inc. Inc. ZQNE: * Western *Northern * Central * Southern BASE PRICE: $18,730.00 $18,~196.OQ $18,496.00 $18,800.00 1vI.~i7.Qg t . Warranty Spec~~. i ~2 $7fl OQz ~ ~2,'70~.0p': 6D uiorrths i i5k »{ilrs, ~C~:r~i:%7ucttfilz = , . _ , ~ ~'AIrUE ty - pecify Warran S , $2,760.00 $2,595.402 VALUE 2 S/75 0 DE17{JCTIBLE 1 b0 months / 75k miles, $0 deductible 2 ~ NIA ~ ~ ~+arrai~ty - 5peeify ?~At ~ $3;~54.U42 e 1!'~;i1JV~~Q42 ~ i_>martts ~IUElkrnil~-a, FiO,leducnble Sid Awaard Announcement (QS-I 8-09(18) I 1 ~ VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71/720A) (P71/720A) (P711720A) {P71/720A) DEALER: Garber Ford Mercury, Duval Ford Duval Ford -Duval Ford Inc. ZONE: * Western *Northern * Centre! * Southern BASE PTtICE: $20,506.00 $20,444.00 $20,444.00 .~ $20,944:00 Northern & Central prder Cade Delete Options ~ Western & Southern 1~'fi' V6 en~ina_in Beta of V~ engine: ' - NA NAB STD ~ . _ _ . Black vinyl floor covering Std1 Std2 FLOOR z $8H 1 Cloth`xear seat in lieu ofviny'1 'i ($50'.(~Qjt NC` HN ` 96A t Front door body side molding _ - _ ($'0.00)1 NC2 96A ~ 5~~9 1 i 5.~~ round d'otarUlanip .; -- ~iCl _:i ~~.. MINI z -Space saver spare fire in lieu of full size spare fire I NA NA Order Code Add Options Western 4SC ~ + ~ Lirrlited slip differential ~ $1^5.i: 177 t ~ Silicone hoses $320•{ 177 z PS' l ~I'tiorih~ start'bai-leery saver ~1~F ( DPS - - 68P t _. Complete Police Prep Package $2,075.{ 68P z 65;4' ,Base Police Prep Package ; ' $77{x.( -; <. :. 65U 1 Police Prep Package - "Ready for the Road" ~ $4,120.( 65U z 65P 1 Base Libhting Package - ° -$'1,955:( 65P ~ ~ ~ __. _ - s ' 1 6SW ity Package Visibil $3,090.( 65 W 2 60~" i ` ~ 1 Fire suppression sys'tetn € $:},49~.( 60S ~' ~ , TRAM E Tremco anti.-theft -foot ac#ivated, dealer installed ~ $196.C DATz f DS.S 2 SafeStop ~clfelc: anti=tlef} ; key actt~aCei, dealer i~sfalled l - -' _ ~: MAG ~ ~ Rechargeable mag light $136.C DMLz i Bid Award Announcement (OS-I6-0908) 82 Northern & Central & Southern VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victo ria (P711720A) (P71/720A) {P711720A) (P71/720A} DEALER: Garber Ford Mercury, Duval Ford Duval Ford Duval Ford lnc: ZONE: * Western Northern *Central * Southern $ASE PRICE: $20,506.00 $20,444.00 $20,444.00 $20,444.00 187 1 -Roof ~ri~ig v,%itla ltole ~ $i?15.001 $1'95.00' 18? 2 - , _ 1 189 1 _ Roof wiring without hole _ $85.001 $85.002 l89 z AT: 1 _ , ,- _ , _Acc,ess+~r~ leeci=v,~{res~forFoltce ~gttapmert ~ . ° ~. ~aT~(1 Q01 j $?65:00? ~Pl~v~ ,. Iii 1IP PRFFkIRF G'RII LE .4A'P SIR~'M: t~If~E' .8 UA 1~ IRE 1t ~U AaL1Y IjRL ~hlsh l U C O'~'JOLE . j 1 ' 476.172.175 ~ , - ', i ARF.t _ _ RPRSI3S-CV03 1 . _ . Ready Suckle Prisoner Restraint Seat Belt System -Crown Vic NA1 $615.002 RPRSSS-CV03 2 Rl'FtS1=3S-DC03 T Ready Buckle P"risoner Restraint Seat Belt S;~stern -Dodge Chax~er N:h1 ~ ~rA`: RPRSI3S=DG03 ~ I 14T ~ e Kevlar trunk package ~ $19U.00 ~ ~ $190.002 • 14T 2 , 6i't1 ~ - ~ l Tg~li#inl:powerc`d trwaTc button, fac.turv installed $6U.OU1 , $b0.002 t 6 H2 - { 41A 1 Comfort and convenience group $760.001 $760.002 4TA 2 7.56?r'1 -1, ' Sfreeta~peara'ice group, $i~5.00~ S4.69.OQ~- 64N { Pull ~ti~heel corers $45.001 $45.U02 64N 2 I NF' E \itrogen filled #ires including spore fire ~ ~ $96 (1~~ ~ , $'1.25 pU2` J N2 ~ 1 ~1 - -- >: - . - _ . _ ` ~_ . AM/FM radio with single CD ._ $185.Ogt $185.00` S8Z 2 .7717 ~ I .DaS~time running,l~ights r - = _-- $50 00.1 $~O.UO' 77D ` _ ;~, E DT 1 Sunscreen privacy glass $276.001 $385.002 DLT z . rr~ro ~,aRx TrNr 2 1 58~ 1 (.lbtlt split ben+;}.~ }-front NCl 5.760.U02'I , AEI A y . IN('I, PO{f'ER SEAT _ - _ - 1 21 A Drivers . _ eat only - 6 way power $380.001 $380.002 21A 2 1218: tnrpe#(isistslled) _ _ ;$12~ OR $T2300_' 12& 2 .; Y . 67B 1 ~ Rear door locks & handles inoperative $25.001 $25.002 ~ 67B 2 T~D~,H ~ ' Rear door locltis R, handles moperahve; dealer mc~dlftc.ilon - -:$~O.~gl $1'73_Ucl`' DLZ'u~IViLI' ~ i~'r'C'LAti4)GUrILC,';11:OCR1lLC~rCEO~ir:L(JTrrUQORS`2 ~ - 1 ~ 448 ~ Rear w indows inoperative $25.001 $25.002 ~ 948 2 Bid Award Announcement (08-16-09Q8) ~ 83 VEHICLE: Crown Victoria Grown Victoria Crown Victoria Crown Victoria {P711720A) (P71/720A} (1P71/720A) (P711720A) DEALER: Garber Ford Mercury, Duval Ford Duval Ford Duval Ford Inc, ZQNE: ~` Western *Northern ~` Central * Southern $ASE PRICE: $20,506.00 $20,444.00 $20,444.00 $20,444.00 525 1 Cruise control : j $2?S,aOt $225.40'".: 525 z ;, ; - -, ; _ _ 53M ~ _ . . , Radio noise suppression _ - $95.001 $95.002 53M z ~7$". t ~ ~Covrtesy libht disableci: _ _ $~0.0OL X20;00` ~ ~7~8 z _ ~ ~ - STD 2 Side air protection {may affect cage a~ ad3bjhty) ~ Std 1 i Std2 ITT 3 Legal deep tinted filni,':lt#ettrne_c~arrantV, dealer-installed __ i , 1 $~76 001 i ~3ba:00` TK 1 ~ Third key $76.001 $89.00 • DTK 2 4It4 ~ = lteyed alike ~ ~50k0.01 ~ $5t}.00` X43- ` ' ,lYl?ST Si'FtfF.l' GUIJI; ~, _ 14R 1 _. Factory remote keyless entry with 2 fobs included. ~ $255.UU 1 ~~'255.002 14R 2 9iB ~ ' Front door mo~lings, not instalYcd ~ 1~C~ ~ NC2 9bB - ~ .trt;s7'sPFCrFr ?; VS ~ Vent visors ~ stick-on style ~ ~ $96.001 $145.002 DVV 2 $462.00 `:~1O.tf0` $sss.oa~ CIII ~ Ckciss Ill hitch Frith 2" ball, dialer installed ~ S42G.001 ~ $'495,002 DC3 .` 1 -. . DTT 2 Optional equipment -specify NA $755.002 BLACK AND WHITE TWO TONG DEAL&R PAINTED 2 9~1I. ^ Optional zquipinent s~~eclf} . - - - ~ - N a ~ ' X1;245 GO` E'LL157ICDRI6~'R DODR? _ , ~ _ 90B z Qptional equipment -specify NA $2,485.002 BALLISTIC DRIVER AND PASSENGER I'RONT DOORS 2 ?LT l~ 2 - Optional equip~j~c,nt ~Spec~ " ~ 7 J ~' ' P ? ' < ~ N 4 $~1$] 0U` - I _ ~ 7?ES 7 LNITTONL1YCLt DESDF„~iLER T iLTEILt AII6.B DELI.2 ~ Optional equipment -specify NA ~ $1,595.002 ~ 2 Current DeJI 15 in Laptop, intei, 1G ram, tivith laptop stand upgrades available Bid Award Announcement (OS-I6-0908) 84 VEffiCLE: Crown Victoria Crown Victoria Crown Victoria Crown Victor ia (P71/720A) (P711720A) (P71/720A) (P711720A} DEALER: Gazber Ford Mercury, Duval Ford Duval Ford Duval Ford Inc. ZONE: * W estern * Northern * Central * Southern BASE PRICE: $20,506.00 $20,444.00 $20,444.00 $20,444.00 P-RC~CV11 b_elt-PatriatPSCj~I .Rear1"~ansportS~atwi~r,extend~dse3t ~ $636.flDE E $65~.(l0` PPS ~ ...: _ ~ - ', ;;. ~ - S-lOS 1 ~ Setina #10 Series Lexan Cage with sliding window, foil width lower extension panel, $756.001 $740.002 S 10 2 dealer installed ~ 1 S=$S: . cage ~t`~th1/? le:~an and? 112 expauded`itietal witli.fulI lo~vc,r exteuslon' Setina SS Lexan f :$76;00'1 $'73a:{3a S8`z . ~ pan'el,-dealer installed . PG26001 ~Lexan) Cage ~~~ith sliding v~indow, full width Pro-Gard 1 G00 S s ~ $696.001 $740.002 P2600 ns dealer in tallcd a~el lower e p , I'-~~~'f21 S Patriot 1'1 1-1?0'Lexan'eage with 1/2lexan Znd,l12 Foetal ~~~th full lower ^xtcnsidn ,, ~ '$7~b.0at ~ , l $74a;QC)z~ P12P` par-oL dealer installed 1 P-VP1 1 Patriot VP1-100 all Lexan cage with foil lower extension panel, dealer installed $726.001 $740.002 P1002 C-=1 t ~ C;ruisers Cabe 1v~th slide and lock wlndol; loner e~-tenston panels dealer rnstaJlecl ;$7156:00 i $7 r4 t7Q`~ CCAGE " ' ~ . 1 C-112 er extension panels, dealer installed Cruisers Cage with 112 Lexan and 112 mesh, low $786.001 ~ $774.002 CSCAGE 2 ~9 1 ~ K-9. Container. All alwilhnum In=Vctueie~rear seat area)' ~ 9 Canfamer ta:protcci the "$~ OSO OU1 ~$'?,271 00' ~ Iti~?C ` ~ public, officer, It 9,.ctnd-~~hrcle'Pleasespecifi~ ~eh~cle`veaT mal~u <u~,cl titodel L'<il1 - ~ ; =_ i '"i ~ , , . i for ins4allation,sliippittg; atad,'Orc3eli~eTy; pries: ~ ~ y k ERO ~ Elec[.ronicRenrote Rear~Door Opening s}stem t~~ he used ~i~ith the K-9 Container. $940.001 $825.002 1tDQ 2 AElows the officer to rzlease the h-9 from the vehicle from a re^ZOte position. i FiAS F .. °Reat A.larnr.Syatern'to be used iii a h:-9 vCh~~le. ~l`uns tfii~er ~ti°]ien danperously-lilgh ~$6`~G OQ1 ~ . $760 00:2 K1A ` ~tcn3pc.ritttres ark ~ir`slcfe tl;e tiehrcle - _ [ s :. DSM 1 Com lete set of shop manuals ONLY $346.001 . $365.002 SM2 INCLUD~SSHIPPING PT € = Wa~7attty Specify' $'1,6fi0.aQ1 $3,375.00' • I/?iTfL~ ~ . s.•-;s a DinUG~t~Lt 1 ;. ; S I'LA1t:;'30UU,,iL~LE ZERc7 17~~'h[;C~I'181 E E~"~~:4~.4i~, Gay : _ , BC ~ ,..: Warranty -Specify $2,745.001 $2,745.OOZ BASE 2 5/75 Q DEDUCTIBL$ 1 5 YEAR 75000 MILE ZERO DEDUCTIBLE BASE CARE ESP 2 l1c 1 ' titi <u~rariry S~zcify ~~ ~~s,:oo1 $'';~6~ ao PQWERTRaI~] 2 ~ , 5,~, ti U f1F,DL CTj]3I8 1 ~ < ~ ' - S 1E'AR J'UuApO ~t41L,~ ~L~IiO~IJL,DL`C.TTfrLr. PCUiTERTl~,474',PSP ,~ - _ -- . Bid Award Announcement (OS-Y 6-0908) 9Z FA * FLORIDA A35bErATlONOF C~OUNTIE5 nu nr,~~ rr FLORIDA SHERIFFS ASSOCIATTON, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 4T I # Name of Dealersl>Fip Type Vehicle _- - Yom' x M"r \ _ (,_ _ ~. ~ ~ ~~r .~ . ;~• Zone Base ITnift PI'iCe OrvlleBecl~ard hard-Mercury' ~ 2009 Fnrd F 250 SD {120) ~ *Westertr $1G,4'~4:OUj Duval Ford ?009 Fund F-250 SD {F20) *i`lurtlrern $15,854.0©~ Drn~al Fard ` ~ 20119 Fgrd F~2~O SD {r2U} ~tCentral ~ $15.$54.f1fl * Duval Ford ! 2009 Ford F-250 SD (F20) f itSouthern ~ $15,954.00 I Classic ChevroletE',ornlratry . `1 2009 C{teE-rolef Sil<<eratlo 25UO HD 7 (cc~as0~) ! Western ~ , $Ifi,405.[)0 Classic Che~a-olet Company 2009 Chevrolet Silverado 2500 HD Northern $1fi,40S.00 (CC20903) -- C'la~sic Che~~~oleT Company 2UU9 Che~TCrlct Srlverado 350U 1=TD ~, L'entral $1G 345AEf ' -: _ - (cc~fl~a3) t Classic Chevrolet Company 2(309 Chevrolet Silverado 2500 HD Southern $16,395.40 (CC20903) tliati JaZ' Pontiac Biurck GNTC:, Tnc. ?009 Gi4iC Sierra ?5013 FfD {TC?0~)03) ~ ~Vcstcrii $1fi,96fl.OQ Alan Jay Pontiac T3uick CiMC, Lnc. ~ 2009 G~4i: Sicr-ra 2500 T~ {TC;20903) Narthert7 $T6,3T0.00 ~~,I;zir Jay Pontiac J3(tick CTI~TC, Inc.: - ?009 Gr~4C Sizrrr~ 2500 HT3 {TC30903) Ccntril $l ~,'~GO.OU y . Buick GMC, Inc. Aian Ja Pontiac ':, 2009 GMC Sierra 2500 HD {TC20903) Southern $i 6,785.00 3~•i~ruurtcl~t~dge. T,T.~` ~3f10y I3ndireF~an~ ~~Qt3 (DFl?f;h2l j >'~?4'.e,ter73 I ~1? ly~+.{1C) Jack f arusas fteyenc<< Ilncf~e ~ 'CtOt) Llud~z Kate '~Ui! {UH?L6') ~~ NorthCrtr ~ I',~S~.Cifl fliaeao:rc Duilge. T;T,C - - 7 i _ T-.. -r ~ ~n ~ ..UU 3. T)r3cjW~ T.am v~UO (Dl i..,T.t ) ;('ertttal' _ - ,. 51?,l~yalii ,.. Maroone Dodge, LLC ~ 2009 Dodge lZan~ 2500 {DH2I.62) ~ Southern $17,199.00 VEHICLE: F-250 SD (F20) F-250 SD {F20) F-250 SD (F20) F-250 SD (F2 0) DEALER: Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercury ZONE: * Western *Northerti * Central * Southern BASF PRICE: $16,079.00 $15,854.00 $15,854.00 $15,954.00 525-5?4 1 f Sped contr~Ltilt steering wllael !_ ~ _ - ~_~3$~5"`OD.I $'~85~ QOF 7-V QR G-G 1 Bucket seats in lieu of bench seat $515.001 $5 i 5.00Z BS 2 CRIiWCAB615 2 T-Vl?tiIYL t !40,'2b"140 seat in vinyl ~ ;$40,0~3U1 $400.00? TS ` , '- 1 - _ , 3-C-LO`111 ~ _- . 40,x'20/40 seat in cloth $715.001 $425.402 3S 2 cl;~~~ct~ ~ls {~03A E Carpet in Iieu of rubber flborcover`ing ~ Incl;l NA` NA 2 ~ __ laFMl ., _. ., , _ ._. r:F ~ ,_.~ ~ 1 Floor mats $125.00 ~ 2 $125.00 DFM 2 ( 924 t __ Deep tuifed glass: - ~ ~ $,'~0 bF1 ~ ~. ~ ~~bx 00.x, _ > - ~ - 433. - ,_ Sliding rear window $125 001 $125.Q02 433 2 585 1 _ _ ' `$275 00 ~ .ab1. I'M,~adlo with singles CU. ; ~ ~^7~ OOL ~.$5 - _ ~ «' ,`: 1 ~ a ' 3K z ~ Third key _ ~ $1~t0A01 ; X89.002 3K ~ ~ ~NA '" I -_ 1~1~ =~icle~ sir I:iCs ~ .~ ,~ ~ ~ N `+4. . X20 t _ >Jxtended cah mv~lc'1 l4 door} $3,420.001 $3,418.002 X20 ti1•'2Q 1 1 2 Crew cab (4 door) i $~,i73.00~ ~ $3,901 00`~ ~ V4'2U ;` ~ ~ NA ` .. IV•1e~a cab Nr'1 NA ~ 1s$ t ~}7t~.oo cab steps ~ $~70 00~; , i E SVS ~ ~ Vent visors -stick-on style $140.00 t ~ 514~.i:102 D'VV' 1'~rS ~ ~ ; Aait~shieI_ds flau~e$tylz = _ - { $140,0~~ $1>50{):~ DRS " ~ l . ' 1 DBS 1 Bug shield $185.001 $185.002 DBS z 6;4D.1 ~ _. _ Sid 'I'raaler taw minors $1]O,DO` .~~F 2 POG;'F,R TFLESCONIC L'~' ~T 1' ~ ; WGG t Wrap-around grille guard $1,b95A01 $975.002 WGG 2 DF~3~ 1- ... Heavy duty alutnnunt tool box ' -- _ ~~ ~;..95-~JU1 X335 tlL)}~~ }- p~ ;-~ Bfd Award Annorlncement (OS-16-09QS) 1345 VEHICLE: F-250 SD (F20) F-250 SD {F20) F-250 SD (F20} F-250 SD {F20} DEALERS Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercury BONE: * Western *Northem Central * Southern I;3ASE PRICE: $16,079.00 $15,854.00 $15,854.00 $15,954.00 fa1~L ~ Bedliner $290.001 $235.002 178 2 PLASrrc 2 ~~~ Spray on bedlmgr for pick up trticl. (3~rrr~o, Lrnc-~arwrpprovxd equt~alerit) ~ L1=N~~ ` _ _ - .- ~ ~ _ " J 1 TBM-TCE All terrain tread tires $320.00 $320.062 TCl~ 2 N~ 2 ~ Niirogzn f Iled tires including spare ttrc _ IuA $125 fl(I STC 1 ^ Steel - truck cap $3,995.00 $3,825.002 KNAPCAI' 2 ~ x,~.sPxFr~F OR E(J4'-AL STI] ~ ~ Tou hooks - _ • Std - ~fid29 12-LG 1 1,2001b. lift gate $2,895.001 $2;650.002 13TQM 2 1300 LB TOMMYGATE 2 ( . 3-`~V~~' 1 8,000 fb-, ~nrc7r•Y~titlr remote - ~ - 51,640 001' $1895.Oi~'` SK1~1~' 2 - ~ _- 531 1 Trailer towing package, to include heavy duty flashers, wiring for trailer plug (7 propg $690.001 $248.002 ~ ~ HDTT 2 round}, and class iV frame mounted trailer hitch with 2" square removable receiver, 1" shank with 2" baIl. Does not include trailer tow mirrors. May be dealer installed, Hp SOLID BAR, 1.25 SILtNK, S/8 PINAND CLIP. CUSTOM PLUG IF SPECIFIED 2 SOF3 1 Spr~t~~-an bedltrler for uhltty body • . s $895 <7f~ 1 ( X755 00? LIN)„X UB " ~fcLiz~~s~op~ti 9'~ SEOR $c,n•rl~~~ 2. _ _ , ' l M K-•RS$ 1 _ or approved equivalent utility body.- specify Knapheide, Reading $4,995.001 $4,650 002 g SB 2 xNAPH~rD~ oR READrnG 1 l~Nr1 PHEIDE 2 ,SSI~B 1 'Iylanuf~eturer's sYanda'~d se~lce~untbody, 1~F g~ugeca~trttef#an ~spec~fs- 's~1ay be $4~4~S D~i1 ~ ~~ $•1;650 D0~'s SS3 2 dealer installed, (NaT~: If ~pu are orderi~rQ a sei~Frce bade, vre~are advising you to . atlra~~arded r-e~dor.i •' i .contact-v = 1 . h.hAf ~EIDE OR RE-iDIA'G 1, - - € t t f SSMB ~ _. - Manufacturer's standard service modular body, 18 gauge construction -specify. May $4,595.001 NAZ NA 2 lae .dealer installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) IdEADING OtLILY ~ PGU 1 f'o~der coating,.fbr ~ctilrCj' body - - NC:1 ~ A ~N A z Ftfi~nt}~fi`_ONLY. 1 _ _ - ~ ~~ FTC 1 Fiberglass tonneau cover (painted to match) $1,695.001 $1,350.00` DTC 2 FCH 1 ii 'Frbergl~ss ~~b hglttopp~r wtth front aide anal rear s~r-ndovs (pariited to match) . _ $1 89~ 001 ~ $1•;S0{~''00? DFT ` P . - 942 1 Daytime running lights _ - $45.001 ~ $45.002 942 2 ~r12 i ~mmobliAeclaytitre~uningliglits i ::- ~NA N47: Bid Award Announcement (U8-16-09p8) 1346 VEHICLE: F-250 SD (F20) F-250 SD (F20) F-2S0 SD (F20} F-250 SD (F20) 1pEAL,ER: Orville Beckford Duval Ford Duval Ford Duval Fard Ford-Mercury ZONE: * Western 'Northern '~ Central * Southern BASE PRICE: $16,079.00 $15,854.00 $15,854.D0 $15,954.00 BAB' ~ Backup alarm ( $120.00' $125.002 • DBA ~ BUC ' Bacl;-ulr :camera ~~v-ifh 3.5' ~,CD (rear mounted carrier a to provide wide anglz field of ~ ~ `9irr9`{ ti0 ~ `~h 1 S +3~~z BLIC `' : wision at-:rear of vehicle) - _ ~ ' ~ ' RDH' , i Rear deck halogen warning lights -red and or blue dashing . E $210 00' NA ! RIBS ~ I Rear deck strobe ~~anr:i~ lights -.:red and',or bluefla5hin~ - t :$230.OtIt ~ ,, Na R17-LED' ~ Rear deck LED, GEN 3 minimum, warning lights -LED lights rttay be blue, red, amber $395.00' $473.00 RDL ~ . or any combination -specify color DLI-l;P' Leif-hand prllarnqunted-6" spotlight with clear liaingen bulb i -$475.00' 3 535,00'= - DL-RP' _ :--_ Left & right-hand pillar mounted 6" spotlight with clear halogen bulb ~ $595.00' $760.00` zsl/ 2 S~L' Strobe grille lights, ~ minrtirirm («'hele~i; Federa9,:~'ode 3~ar apprr?yed equnalent)'' r :$210,.00' a 5389.00"; ^ ~''C35 ` i ~: = ~ LEl7-G' LED, GEN 3 minimum, grille lights, 2 minimr~m -LED lights Wray be blue, red, amber ~ $296.00' _ $414.ODz WGL 2 or any combination -specify color {Whelen, Federal, Code 3 or approved equivalent} kivlS ' 'Rearview mirror strobes 1 W~helerr,Federal;, Code a or approved ,equivalent}, ~ ~~ `$~9fl 0,0' ( x=140 r1D~: ~RtvIS ` RVM' - LED; GEN 3 minimimi, rear view mirror flashing- lights -LED lights maybe blue, red , .. $346.00' $459A0? RML 2 amber or any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) -- NA N~,. NA NA ~~ ~_. _l~alogen^,integraldrrec.trs~nalarc"o~~ra0dedtc~lrbh'~b~{with;a~"ti~o~ex?t~-reclt>> e }w _ _ ~:~-~ r:.`- 3~ TD-LED' Traffic directional-LED, GEN 3 minimum, arrow with 6 modules {with controller if $592.00' $668.00' T11t36M z required). C3-1ZI,SCS' ~ Code-3 RLS upgrade ~ delilae SrTi•n to incTtide=tlre,r359b~;5? sen~stnrreroprgcc.ssor `: ' '•$390-0~ I "NA _ ._. .- ,._. ~ _ __ FSS' Federal Signal Smart Siren -upgrade, deluxe siren, microprocessor controlled $44.00' NA 5Q5' € ;,SoundOff Signal~ETSA3SOlv11~ -~ iie[uxe`sren -,^ .. '•$4~S QO'' v A' BId Award Announcement (O$-1 fi-0908) 1347' VEHICLE: F-250 SD (F20) F-250 SD (F20) F-250 SD (F20) F-250 5D (F20) DEALER: Orville $eckford Duval Ford Duval Ford Duval Ford Ford-Mercury . ZONE: # Western 'Northern *Central *Southern BASE PRICE: $16,079.00 $15,854.00 $15,854.00 $15,954.00 CS-l1D ~ Souudai~Kit ~~fh ~~~le~-~t~es;`C~nu~l'et~~i.D.w Cer~in~ f,t~ue iCorrler 5trobeItt~ $4' ,~,;~ ~ - Ids,` ~ supply, ~ 15`, 2 ~4'vcal~les ~,- ~ - -~- _ CS W-60 ~ Comer Strobe Kits - Whelen Kit with 4 clear tubes, 6 outlet CSP 60w power supply, $42Q.00 ~ $465.00 W60 z 2-15' cables, 2-30' cables c'S«'-90 ~' ~ '(;omer Strobe KiT~. - ~'+'~elen Ki#~vith 4 eie~~-tube's,-6..aut_Ict GSP 90w po}?vzr ~uppl ~ <~+~6fl O.rJ~ •'$~3^~.00 ti'~~90 ` _ `'' "f5' cables 2 0' cables- i _ ~ `.,. ; ', DSM ~ ~ Complete set of shop manuals ONLY ~ 5380.001 $,65.002 D5M 2 ~ I,4'CI. SHIPPING A,VD H.~L~JDLGVG 2 ~ SIiUO PT 1 ~ Warranty Specify € $1,4lU.DOt $2350.00` 0 EXTRA G` ` ~ $~of D</'bt~c'rlBZES ~ - 3 }'E.9R 1(1POA MP.,F,.7.F.k0 DFL> E.Y7:4.9'G;4Rli L'SI' ~ _ e ~ ' - S/lOQ BASE t __ Warranty - Speci~ _ $2,DOD.ODt , $2,D00.002 $ASE G z 3(QJ DEDUCTIBLES 5 YEAR 10000 MILE ZERD DED BASE GARS ESP Z sr7y $1T1L4 ~ ~'+'arrarlty - Spec.fti - ,$Y,~75 Od' ~ $1;~1U.00` PT G ` J 100 S~ZSO Ok C~rIDO $' '~~ S{~lr Ull7L~LTIBLE~ _ ~ - S }E'ER 1 UGOLt b11LL_7l7{V I~E'D POi~~ERTR9Tty C:I RF F'SP '~ - ~ {, ' ~ . _ _ ,: ,.:: -. 1 51100 PT _. , Warranty -Specify Diesel $2,27S.OOt $2,735.00 EXTRA A 2 5(O) DEDUCTIBLES 1 S YEAR 10000 M1LE' ZERp DED EXTRA DIESEL CARE ESP 2 sr'100 I3 aSE 1 plkSCl S~'arru~t~, .. Spe~~fy ~ " $^,590.^~> f ~'}Z~9.0.OQ BaS)~ p'-, °xr~!a~~v~cTlaLES t _ S YF'.-iR LUf)00 ;1•fIZF 1~Kf3 L?L~ li X513 PIESE~ ~-~. Irt~' I'SP -" ~ . 5175 EXT RA 1 . ; Diesel Warrauty -Specify $1,740.DD1 $2,275.002 PT D 2 (S/100$ 2735 OR 6/100 53170 $(OJ DEDUCTIBLES ~ S YEAR !0000 MILE ZERO DED POWERTRAIN DIESEL CARE ESP 2 Bid Award Announcement (OS-Y6-Q908f ISg9 VEHICLE: >)EAi,ER: ZONE: BASE PRICE: Ranger (R10) Drville Beckfard Ford-Mercury * Western $11,015.00 Order Code Delete Options Ranger (R10) Orville Beckford Ford-Mercury *Northem $11,065.00 Ranger{R10) Orville Beckford Ford-Mercury * Central $11,115.00 ~R-44J i ilrlan.ual trarasm-sstori In lieu-qf autonafic trartsrnzsszoti ~h,~ 2 4~IR-1' ~Ll UR-~14J (~f OLJ ~ -_ _ AIt~'FM stereo radio a72 ~ Air ~.ottdrtioniug - - ' AI35 brakes t U:1=Star - Satellite radio Ranger(R10} Duval Ford * Southern $11,258.00 ~ Western & Northern & Central Southern ~ =$60fl 0 ~ 630 ~fl '~ ' Q ~ Std ~ •- ~ NA F `$~lOil'.~~1 ~ ! $SUG.O~~' ' ~• l . ~ Std ~ '.~lA _, NA t ! Nr1 ~ NA ~ NA Western ' Northern Qrder Code Add Options & Central Southern 99.E ~ ' i;n4ine ul~grad'e specify ~ ~?,51Q ~i[it ~ $2',510 UU2 ~ 991; 11.8 2 F~rc. 714 YAP i _ .. f 4.OL'[ 6, :h'LLUPL'sLO,'~i, BED 2 ~ NA ~ ~ _ Battery, 6;a cca or greater ~. ~ i , A i NA2 XKS 1 ~ L•imifed silp:dlffereiinal.- __ -- ~ ~ 5;U{~.r}{l: ~ $3+~u ()0" : - ~ ~ e ~ x 1 867A - - , . .. er's model upgrade package{specify pkg. bid) Manufactur $820.001 $2,b11.00~ $~7A,R14 INCL POWER WINI70WSQND LOCKS 2 XI.T ~ 907 1 ~ _ Power uanrdn~t~s`daor locko s - NC1 $~05 UO~' DP1GY 2 R&CCC`PGR4'~EPI~G1~ f - Speed controlltilt steering wheel _- ./ _ $385.001 $385.002 52N 2 _ 43'3-5pP ~ > E . ; ., _ .. 'Slic~n~reai;~:~~rrrdow _ _ - 1 ~ -~?~z, ~ 1 S~ ~5 pU,. 43;3 SflP `- - - - - ~ ~ 873 2 ~ ~ ~~ ~ Jump seat for extendedrnodels ~~ ~~ ~~~, ii0~ ~ f ~-„~.002 873 53! 1 ~A-1vl''FM rtciio ~~~ith single C'D _ '$355 D~11 y~~5 004; 53Z 2 ,, ?_ . . 3K 1 ~ Thirdkey $140.001 $89.002 • 21V ~ 1~lcorrnats - ;$'1'?atfl01 ; `$85.00`: DFM~ ~ ; . _ _ - ; NA 2 _ , _ . - ,. Side - , air bags NA ... NA2 Bid Award Announcement (08-Ifi-0908) 1209 VEHICLE: Ranger (R 1 D) DEALER: Orville Beckford Ford-Mercury ZQNE; * Western BASE PRICE: $11,O15A0 Ranger (R10) Ranger (R10) Ranger (R10} Orville Beokfard Qrville $eckford Duval Ford Ford-Mercury Ford-Mercury ~` Northern * Central * Southern $11,065.00 $I1,I15.00 ~ $11,258.00 l3AB t ~ Backup alarm $120.ODt $125.002 DBA 2 ~ BLiC ? _ _ i Backup camera with 3,5' LCD (rear'nounted'.camera`.to:provide ~vrde.angle 3=iefd of uts:on - --. $79~ 0(}~ -,- $6~5 flU` - 'BUC ` Eat rear of vehicle} >. _. ~ ., _ _ = RDi-i t ; _ . - _ Rear deck halogen warning lights -red acid or blue flashing $210.OU ~ NA RDS t ~ Rear deck strobe ~varnurg lights red and ar~bIue-i~asitirrg _ ' ~F . x.~.~:,~ - $230 ~,t11; N.~1? RD-L))) t Rear deck LED, GEN 3 minimum, warning lights -LED lights may be blue, red, amber or $395.00 t $473.002 RDL ? (any combination -specify" color DLHP 3 Lef} hand lallar niountcd 6'"spottigl`t~with clear hal~?gen bwl)? $477,00 t $45;[30` [ :2Ekf0T1~ Can ~; t DL-RP Left & righ _ t-hand pillar mounted 6" spotlight with clear halogen bulb $695.00 t $540.002 RGL W 2 ~ N7REC&SS REMOT& GO LIGHT 2 SGL t [Strobe grille lights, 2 rriixtitriitm {Wlrelen, Federal, Codz 3 or approved equivaeen#) ' $~10`:0(~t X389:00 LED-G t LED, GEN 3 minimum, grille lights, 2 minimum -LED lights may be blue, reJ.:~nber or $296.00 ~ $414.002 WGL 2 d egnf~ alerrt ~ any combination -specify color (Whelen, Federal Code 3 or a rove PP ~ RTviS t t l . FP _ Re~rvrew rnrrr~or strobes {ti~'..hcien, Federal ~G;ode~3 or• a ro~sd ~~ ktrt~tentl ~ ~ ~ ~`~f~,0!~ ~ ~ ~~+I~~ Ot)2~ Rb•7 S " ` `~ RMV t LED, GEN 3 minimum, rear view mirror flashing lights -LED lights-may be blue, red; ~ $396.00 ~ $459.DD2 RML 2 amber or any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) . R,l~1A~ ~ Roof-mount antbcr strobe beacon (VJ7relen, Federal. ~'ode.3 br approved egt3i~aleirt} $l'90.OGt ~ $354.002 DAS ` - _. ~ - _ STL 1 Strobe trunk lights, 2 minimum {~~'helen, Federal, Code 3 or approved equivalent) $21 U.00 t NA l7TL t ~ L;/I?, GI1N `3 minittunt, trunl. lights;<? mariuutn .LFD lights may be blua rt;d, amber or $390.00 l NA any combination - specrty +~±1or {'~titelert, Federal; Code 3 or apprv~~d equrvalenY}, .. 1 ` '. HTL ~ ~ murimum '~~'lte[en F f~ialoben trunk lights, ~ ( ederal, Code 3 or approved equivalent) ~ 51 ~}?.Ui3 t t NA 5#robeitttiegraldtrcctronal{irr~~v.act~atedinhghtbar!(rt~ihoonrrotl~rlfre~tii~~edl i Va F N~; - 1equires ptrc,h+se t?# hglitbar _ _ u. ,._ _ __ . , . ~ , t _ ;. LED, GEN 3 minimum, integral directional arrow activated in lightbar (with controller if NA NA required) -LED lights inay be blue, red, amber or any combination -specify color. Requires purchase of lightbar. llalag~n tnt~~ral cEr~,ec,tranal~arrow~dded to lghlbar,~.y~~fth controller ifrzquired) - , ?VA NA; TD-LED t Traffic directional LED, GEN 3 minimum, arrow rvith 6 modules (with controller if $592.00 t $66$.002 T1R36M 2 required). G3-iu,~ e ~ Cvde 3 RLS upgrade, delu:~;e wren io include the ?59815 se~res, nuc~aproc.essar _ 1 l < $390zDOt~ ~ N~, C . c;arttrolled ' - - -- F$S t Federal Signal Smart Srren - rapgrade deluxe siren, microprocc,ssvr controlled $49~ OOt ~ NA SUS ~ - ~ S'i~rral E1'$A38411~SI' - d~Itaee strert _ ~Sot~ndUff ~ `425 t3t1~..t NA_ . F ~ Bid Award Announcement {OS-Y 6-0908) 1211 VEHICLE: Ranger (R10) DEALER: Orville Beckford Ford-Mercury ZONE; * Western $ASE PRICE; $11,015.00 Ranger (R10) Ranger (R10) Ranger (Rlfl) Orville Beckford Orville Beckford Duval Ford Ford-Mercury Ford-Mercury 'kNorthern *Central * Southern $11,065.00 $11,115.OD $11,258.00 C$-1]Q t CornerStrabeKits--5ouncloffKit'w_ith4cleartubes64~let! IIDwC~en~ini~potver, .; ~ '-$~GO.QE?3 N,4 supple, i 1S',y s0'-cables - - _ _ _ ~:. , CSW-6D ~ Corner Strobe Kits - Whelen Kit with 4 clear tubes, 6 outlet CSP 60w power supply, 2-15' $42D.00~ $48S.DD2 W60 2 cables, 2-30' cables ( CSW-90, 1. Comer Strobe T~its.= Wlielen Kif witi~ ~-clear tubes 6 outlet'CSP 90u~ dower supply, 2 15' ~ ~` $460 Q~ 1 ~ ~4r39,fJ0~' V4'90 ` cables, 3=30' Cai~les-: - _ .- - _ DSM ~ _ Complete set of shop manu~~ls ONLY $390.00} $3G5.OD2 DSM 2 . ~`CLL'DESSHIPPIA-`U':1,'~DfIA,1~DL.P.vG ~/-100 PT ~ I ~ W'arra~;t~ - Specify `: - . - _ _ 1 t $$05.00 t Si;33~.~0~~ ~ EXTRn a ~ {ni D~DircrtRZFS - _ ~ YE;4R IO(100r1 ?~1ILE E;~TR.4 C,4RE 1i~P f11JEULlG77~LE 2 } ?' S/100. Warranty -Specify _ $1,080.00 $1,080.002 BASE ~ (OJ DEDUCTIBLES $ASE 2 S YERH !00000 MILE BASE CARE ESP 0 DEDUCTIBLE 2 X175 Vb'arranty - Specli~~ : ;'$~St0.4Q,~ . $BQ~.DO` 1=?~i'1'Rt1 ~ S~IPt? ~'1 »0 C7R fi IOR x'1500 (tJ1.DEL3L'C77BLE.S 1 - ~ _: ~ 1'T ~ t 5 yF.r1 R 10.OOjJ{7 i4>>l ~' pfJ~~ RI{TR•~;lb C'~tRF,` FSP Q bll?~ CTCSLF, ~ ~ .. ~ ~ ~ M ; _ Bid Award Announcement (OS-16-0908) I2I3 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code Order Code LS4 1 LZG I P27 1 I WC19 1 APS t TK 1 ~ B861 • N1 CAVPI FAVP I SAVP I WAVP I Impala(1W619) Impala(1WB19} Impala(IWB19) ~ Impala(1WB19) Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Ghevrnlet, Buick, Pontiac & GMC Trucks, Inc. Pontiac &GMC Trucks, Inc. Pontiac &GMC Trucks, Inc . Pontiac &GMC Trucks, Inc. Western Northern Central Southern 515,926 OD $15,92b.DD $15,926.D0 \I $15,926.00 Delete Options Cruise control A6S brakes i Dn-Star Satellite radio All Zooes NA NA NA NA Add Options t Engine upgrade -specify Engine upgrade -specify Ford Taurus - A WD Vehicle upgrade package -specify Remote start system s Floor mats, front and rear Side air protection AM/FM radio with single CD Third key l =Keyless entry 3 F Vent visors -stick-on style Rainshields -flange style Full size spare fire and rim j Pin stripes/door edge guard o Bady side mouldings Class lII hitch and rec. draw bar with 2" ball, dealer installed ]Nitrogen filled toes including spare Aire 3 Daytime running lights ~ Immobilize daytime running lights 3Cade 3: Administrative Vehicle Package -See Emergency Vehicle Lighting Specifications (Part D) ;Federal Signal: Administrative Vehicle Package -See Emergency Vehicle Lighting Specifications {Part D) Signal: Administrative Vehicle Package -See Emergency Vehicle Lighting Specifications (Part D} 1 Whelen: Administrative Vehicle Package -See Emergency Lighting Specifications (Part. D) Rear deck halogen warning lights -red and or blue flashing Rear deck strobe warning lights,-red and'or, blue flashing Rear deck LED, GEN 3 minimum, warning lights -LED lights may be blue, red, amber or any combination -specify color A!L Zoaes $6,980:001 $4,360.001 NAl $4,36o.ao1 $22s.oa 1 Incl. Incl. Incl. ~ $78.001 1 ncl. 596.00 NA $375:00 $96.00 • $100:001 5310.00 $96:041 Incl. $21a:oo 51,776.001 NAI NAl', $1,636.001 l~~ NA, ' $384.00 $340.00 I Bid Award Announcement - 07-I 5-0827 (RO) 25 VEHICLE: DEALER: ZONfE: BASE PR[CE: W-T1R36M 1 C-RLS 1 W-UGCC 1 C-HLF 1 WSSFMP 1 WUG295 1 Impala (] WB 19) Garber Chevrolet, Buick, Pontiac &GMC Trucks, Inc. W estem $15,926.oD Impala (1 WBl9) Garber Chevrolet, Buick, Pontiac &GMC Trucks, Inc. Northern $15,926.00 Impala (1 WB 19) Garber Chevrolet, Buick, Pontiac &GMC Trucks, lnc. Central $15,92b.00 Impala (LWBl9) Garber Chevrolet, Buick, Fontiac &GMC Trucks, Inc. Southern $15,926.00 Left-hand pillar mounted 6" spotlight with clear halogen bulb Left & right-hand pillar mounted 6" spotlight with clear halogen bulb Strobe grille lights, 2 minimum (Whelen; Federal;. Code 3 or approved equivalent) LED, GEN 3 minimum, grille lights, 2 minimum -LED lights may be blue, red, amber or any combination -specify color {Whelen, Federal, Code 3 or approved equivalent) Rearview mirror strobes {Whelen; Federal, Code 3 or:approyed equivalent) LED, GEN 3 minimum, rear view mirror flashing lights -LED lights may be blue, red, amber or any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) Roof-mount amber strobe beacon {Whelen, Federal, Code 3 ar approved equivalent) Strobe trunk lights, 2 minimum (Whelen, Federal, Code 3 ar approved equivalent) LED, GEN 3 minimum, trunk lights, 2 minimum -LED lights may be blue, red, amber or any combination -specify rotor (Whelen, Federal, Code 3 or approved egdi~alent) Halogen trunk lights, 2 minimum (Whelen, Federal, Code 3 or approved equivalent) Strobe integral, directional arrow activated in-lightbar-(vrith controller if: required}, Requires purchase oflightbar. LED, GEN 3 minimum, integral directional arrow activated in Eightbar (with controller ifrequired) - LED lights may be blue, red, amber or any combination -specify color. Requires purchase of 1 ightbar. Halogen integral directional arrow added to lightbar (with controller ifrequired) Traffic directional LED, GEN 3 minimum, arrow with b modules (with controller if required}. Code 3 1t1,S -upgrade, deluxe siren, microprocessor controlled Federal Signal Smart Siren -upgrade, deluxe siren, microprocessor controlled Whelen Cencom -upgrade, deluxe siren, microprocessor controlled Code 3 -Headlight flashers, solid state Federal Signal -Headlight flashers, s61id state Whelen -Headlight flashers, solid state Upgrade basic (6) switch'controller and siren to cbmbinatiaa-light controller/siren Corner Strobe Kits -Whelen Kit with 4 clear tubes, 6 outlet CSP 60w power supply, 2-15' cables, 2-30' cables Corner Strobe Kits -Whelen Kit with 4 clear tubes, 6 outlet CSP 90w power supply, 2-15' cables, 2-30' cables Comer Strobe Kits -Federal Kit with 4 clear tubes, 6 outlet 660E power supply, 2-15' cables, 2-30' cables Comer Strobe Kits -Federal Kit with 4 clear tubes, 6 outlet RICHOCHET power supply, 2-15' cables, 2-30' cables i Corner Strobe Kits -Soundoff Kit with 4 clear tubes, 6 outlet, 60w Nebula power supply, 2-15', 2-30' cables ' i Comer Strobe Kits -Soundoff Kit with 4 clear tubes, 6 outlet, 110w Gemini power supply, 2-15', 2-30' cables i $296.00 $596.00 $38.0.1)0 $310.00 $370:00 $360,00 $130.00 $380.00 $360.00 NA NA: NA NA $562.001 $596.0()1 NA $360.001 $146.001 NA $126, 001 ' $146.001. $396.00 $463.00 NA I'~~ NA $396.00 $436.00 3 B>td Award Annooncement - 07-15-0827 (RO) 2fi VEHICLE: Impala(1WB19} Impala(1WB19) Impala(1WB19) Impala(IWBl9} DEALER: Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Garber Chevrolet, Buick, Pontiac &GMC Trucks, lnc. Pontiac &GMC Trucks, [nc. Fontiac & GMC Trucks, Inc. Pontiac &GMC Trucks, Inc. ZONE: Western Northern Central Southern ` SASE PRICE: 515,926.OD $15,926.00 $15,926,00 V $15,926.0(1 DSM ` MGI ~ VG I Corner Strobe Kits -Code 3 Kit with 4 clear tubes, PSE460 power supply, 2-15' cables, 2-3a' cables Corner Strobe Kits --Code 3 Kit with 6 clear tubes, PSF.690 power supply, 2-15' cables, 2-30' cables Complete set of shop manuals ONLY Womanly -Specify MAJOR GUARD 8/75 1 Warranty -Specify VAi:UBGUARDS/7s 1 Warranty -Specify $4o6,ao $446.00 i t j $szs.aol sl,llo.oa' $950.001 NA~ Bid Award Arino~ncement - 07-I 5-0827 (RD) 2T 1 'VEHICLE: DEALER: ZQNE; $A~E PRICE: F-150 (F12) Orville Beckford Ford-Mercury * Western $13,047.00 F-150 (F 12} F-150 (F12} F-150 (F12) Duval Ford Duval Ford Tropical Ford / '~`Nvrthern * Central * Southern $13,027.00 $12,955.00 $13,094.00 ~ 85A ~ ~ Power ~vatdurvs;!door locks - ~ ~ $9-43 00 ~ _ 5495.00` $795sk~Q3: 8-~A ` . .. . .. ,.. ~ . .. 2 52N . : Speed control '$225.001 $225.402 $225.003 52N S2N 3 52N ~ Tilt steering tivlleel _ ~ feel ~ ~ ~ ; , ; ltd` Std-=. S1'~ 2 = ~~. ~ ~ - DTI, 2 Passenger dome lamp Std -.. $79.002 Std S INCHTICKETLIGFIT f.,T=13UC;f~I<'1' 1 ~$l1Ci~t'i SC'dfS iri il~.ll O~'ISeACiI Sec3t F $~}~.j} Q~}~ .$`(~Q,E)Q2 $=3Q~:!}(1~ 1~f3SflAV1 S" I.~YCL[,~ESFr~1~7.~C'0;1'.cCJLEt41TH.4R.:£RE'S7.9~`rUC:L'PHULL7GR~" ~ ~ i , ~, ~ ' fi',l'UT.i b:IIL9L'LG LV IZLCrL'L:ll{ C~8..,1fG'ST O£tDER LiPGR;-1L't: PI~Ci 3 ' ' 16S Carpet in lieu of rubber floor covertng $145A0 $145.002 $145.003; 168 2 ' 16S 3 :pF;~ ^. E~'loar rkrais - ~ 3 lncl. - $170`.~0~' f $100 00'; ~3IFI1-f 3 ~ LL ~L:47'£iERRC'BBER`~ _ - { ;- i DTP i Deep tinted glass ~ _ $390.001 $322.00` $150.003 1~IaT 2 3MOR EQUAL 2 DIT 3 PRICE FOR EXTRA CAB IS $100.00. PRICE FOR CREW CAB IS $250, 00 3 -433 924 ~ _ ~ ShdEng rzar,u~iEldo~~' ~ $»ti.nG~ i - ~"'~S.IIf~' ; S 2~ OU3 ~t33 ` _ I 1 4; 3 3 ~ ~ 1 ~ 6130 ~ AM/F1VI radio with single CD ~ $3y5.U01 $290.00 $395:003 585 2 585 3 ~K 1 ~ Tinrd key $140 001 i ;_ $1''S.O:U~ F $100 00'- ;1~ 2 ~ _ s .~ _ .., _, ~. _ . .~ - STD 2 j SEda air baggy Std € Std' NA X13 ~ ~ l;xtrrided Cab Eal~del {4-door), , $~ bg8 OOE~ ~4,ty49 {~0~ $4;30 00~ X1:2 ~ ~ ': i `1 : , . - [ --: W121 Crew cab $7,510.001 $7,634.002 $5,060.003 W12z W123 N;4 2 . ~ _ _, >44ena tali (extended 4~cit?or cab} ' - ~ `_': NA. I~'A~ J NA; 1 Long bed in lieu of short bed ~ ~ ~ 1 $300.00 1 $300.00 $30 0.003 ~ 4~ z LWBs E Bid Award Announcement (08-16-0908) 1279 VEHICLE: F-150 (F12} F-150 (F12} F-150 (F 12} F-150 (F 12) DEALER: Orville Beckford Duval Ford Duval Ford Tropical Ford Ford-Mercury ZON)(1: * Western 'tNvrthem *Central * Southern BAS'S PRICE: $13,047.00 $13,027.00 $12,985.00 $13,044.00 ,SUS ~ • ~ ~ lti'ent v~sc~rs stick on stye - 00 ~ '4'IJCHfiY3`CABTS$I~5 ~ E L'Tk9 ~~ " 9 E ~ $I~O.DOC i 'i' ; $1~#S.~D" $~100.b03 Yju V . , .n . , { `~ `r ~ 1 _ - ! FV$ 1 Rainshields -flange style $140.001 $125.002 $125.003 IaRS 2 ~'~ CAB&CREW CAB IS $!50.00 3 VVFS3 GI3'S 1 .Bug sllleld r ~ r $~~5 402 $l7S U0~ DBS' 'GRFt I~C,'(7LOR 3 - ~ 3 " 54T-53M ~ Trailer tow mirrors Incl.! ~ ,: ,: ~ NA2 $140.003 NA 2 MUST ORDER HEA TES' DUTY PKG. ADD $135.00 FOR PQWER MIRRORS 3 54T/54P 3 WC.xG 1 (~~rrap-ar~itr~cl grille-guard.- $1,395:00 $84~.t10~ $95p.0q~ WGG~ ~ ~ ~ Vv'tiLU ~ - -- , ~ DAT um tool bvx Alumin $495.00 $385.OOz $400.003 DT13 2 TOOLS. 131I) ~ } $edli"nzr: q$2`~~ il~]1 e ~ ~ ; 5?,~ i)(1 ~r ~?~i1 (}p3 DBL ` ~ f 3 BL' i SOB 1 Spray-on bedliner (Rhino, Line-X or approved equivalent) $695,001 $595.00 $500.Dp3 LINER 2 SOBL3 ,N:~'` ~ 1?.o~w ltool~s N.~ NP.2 I`TA 535 1 Class IV hitch and balI~ $490.001 $49$.002 $4DD.OQ3 535 HDWR 2 rNei~ 1 DIHB 3 INCLUDES CLASS 4 HITCH, YYIRING, PLUG, BAR, BALL, PINAND CLIP ? 8-~VR i 800016.rincji.~iRth renitite ~ $1,695 00} ;~~1,8~5.Q02~ '$i 9y$.00 ~ 81~~4' 3 ~ ~~ r[71~F,sc~rrTi ~i,~.~RD 3.'. -'- -- - -~ - - ! - . W ~ - ppropriate hitch C ~ duty towing.package up to•5,000 ills. with a _ $490.001 -- > $498.002 .-T $350 003 R 2 S35 HD IN 535 3 NCLUDESCLASS4H17'CH, WIRING, PLUG, BAR, BALL, PIIVANDCLIP 2 1 S3~ -99V ~ ~ ~~ ~ , Heave duty tawzng pacl.a6e up tci,7 X00 lbs wash appropnate'hifi_ ~ ,; ~ $490 00 z ~~, ~ $~1~~8-(30 ~ $~50 Oil . E ~~1•,l 3 3 ?4E,I.UDES~LLAS.S 4~1-all LII H'ITiL4G~ I L';L'u BAR B fLL P,~ti~YD C~'I~ ~ 1 ~ - - ! ,~ ,h•*UJ'I {,~f'G,{t,9D>r FJ 541 5, 7'O~'.M1~RI2ORSRHE;1x'f`DL-'7'f P1YZC?f'DPr:C '~ ~ FTC 1 Fiberglass tonneau cover.(painted to match} $1,695.001 $1,350.00? $1,595.00' FTC 2 ToNN 3 Sid Award Announcement (OS-16-0908) 1250 VEHIC)GE: F-150 (F12} F-150 (F 12} F-150 (F12) F-150 (F 12) DEALER: Orville Beckford Duval Ford Duval Ford Tropical Ford Ford-Mercury ZQNE: * Western *Northem * Central * Southern BASE PRICE: $13,047.00 $13,027.00 $12,985.00 $13,094.00 FCH ~ ~ it iberg$:~ss cab hi~~ topper with frnnt, side, ar~d r>ar windows ivpainted to ~ ~1;~9~,001 $1,8Q000~ ~ $1;795.0+)3 Ft'T ` rnatchj , ~ ~ 1 =13T ' _ 942E ,,, Daytime running lights $45.001 $45.002 $45.003 942 2 942 ~ I~I!A 2 hn~nobihze daytmerun~ung h~kts X1''1 ?*'`9~ `Ni-1` N2 Z NITRO 3 ` --- Nitrogen filled tires including spare tine NA E ~12~.i}02 S100A03 STp 2 Full slzz spare fire and rxnz ~ 1~;t~i E titd' j ~-Y titd SSM-145WB 1 --- ., Midbox body option _ $3,695.001 NA2 NA NA2 S~`C ~ i Steel truck cap 1 I $3{)95 (10 2. $~,39(}.~0 ' 3 $3;674;0(?:; kNAFG.4P ` ~~y.4P1~,'L~EB1idA~I] 2 ~ .,GTC _ ._ _ . , - BAS 1 ~ _: Backup alarim $120.001 _, $125.002 _ $125.003 DBlA 2 BUA 3 BC.I~~ ~1 (13ackup canicra with 3 '''LCD (rezr nlaurited cair~era~to pro~ede w'idc angl'e-~~ $795'.UO'1 ~ $6.~5[10Z i $:651):Q03 BUC 3 E:field of visigh at:rear of r?elucle) _ ' ~ ~ 13LJC :r RDH ~ Rear deck halogen warning lights -red-and or blue flashing $210.00:1 NA ` $250.OOj RUH~~'L s KDS ~ Rear deck strobe~warnurk llght`~ ;-red aftd~orbl'ue ~lash~ng; $?30 t10j j ;N;~ _$3s~ 003 RDS~VL ~ . :.. - i . ' 1 ~ ' _.. t Rp-Lz ~ Rear d ck LED, GEN.3 minimum, warning lights - L)E;D lights may be e $395.001 $473.002 $420.003 RJ.7L blue, red, amber or any combination -specify color RDGEN3WL 3 DLi~I}' 1 ~ -Lcfr hand pillar,uounted 6" spat}~ght with clear lialogc,n bulb .- `' ~ ~4~'S 001 ~ 3 ' `I 9S.QQ^ S34D.00`~. T ~ J 1~ 7 l , . - - _ _ ~ } ~ y iifl~L ~ 1 _. _- - ~ E _ _ _ DL-RP 1 Left & right-hand pillar mounted 6" spotlight with clear halogen bulb . ~.. $695.00 ° $760A02 $560.003 2SL LRSL 3 SGL 1 Strobe grille lights,'' rtnnmzun3 {lti'hclc,n,Fc,dc,ral ~od~ 3 ~r appro~*ed~ 5210 001 E SS`$9;402 $340 003: ~ WGS ` ! 3 equiFale.nt} ,. F , ~ ~ SQL ~ LED-G _ „ LED, GEN 3 minimum, grille li hts, 2 mmimum -LED li is ma be blue, -,.r.. $296.001 ~ ~ _ .. $414.002 390A03 WGL 2 red, amber or any combination -specify color (Whelan; Federal, Code 3 or GEN3GL 3 approved eyuivalsnt) Brd Award Announcement (08=:16-0908) I28I c ~v V L N V V , ! ~ ~ r H C O V N ~, a ~ ~ N LL o ~ ~ c ., m I+ y C ~~.+ -- ~ Q? ~ N ~ ~ .G ~ 44 O ~ d C L7. O ti ~ v ~ m V , :~ d N o ~ ~ ~ ~= ~ er" O .C otf ~ ~ ~ Q "~ L L ~• O (~ H ~ ~ p d a 7, ~ ~ o Q ~ ~ .PALM BEACH LINE-X 8330 CURRENCY ©RIVE SUITE #7 RIVIERA BEACH, FL 33404 5fi 1-478-4428 GITY OF DELRAY BEACH FLEET MAINTENANCE 434 SOUTH SWINTON AVE. DELRAY BEACH, FL 33444 561-243-7333. Estimate Date 12/15/2008 Estimate # 16 P.O. # Terms Net 30 Due Date 1/14/2009 other 8 FT UTILITY TRUCK SPRAYEp WITH LINE-x 7 ; 650.00 4,550.OOT ` PROTECTIVE COATING ~ ? FORD F-250 SPRAYED WITH LINE-X ( 2 ~ ,~. . 525:..4.0; 1,050.OOT PROTECTIVE COATLNG FORM F-150 SPRAYED WITH LINE-X ; 2 SOO.DO 1,00O.OOT PROTECTIVE COATING FORD- RANGER SPRAYED WITH LINE-X 1 ;!. 540-.00 ~ 500.OOT j PROTECTIVE COATING INCLUDING OVER BED RAIL ~ ~ I I 1 3 j 3 ' i ~ f 3 Subtotal $7,100.00 Sales Tax (0,0%} X0.00 Total $7,100.00 PALM BEACH LINE-X p a l m bea chfl@ li ne-x.com 561-478-4428 WWW.LIN~-X.CDM MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 22, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 WAIVER REQUEST/WORTHING PLACE ITEM BEFORE COMMISSION The item before the City Commission is consideration of a waiver request to LDR Section 4.3.3(00)(1) (F) which requires generators to operate the full capacity of the equipment being served for a period not less than 120 hours. A reduction to not less than 48 hours is being requested. BACKGROUND The subject property is located south of Atlantic Avenue immediately south of Worthing Park, between SE 1st and 2nd Avenues, and contains 2.37 acres. On January 17, 2006, the City Commission approved a conditional use extension request for Worthing Place, a 217 unit mixed-use development with 12,292 square feet of retail. On September 5, 2006, the City Commission approved an LDR text amendment requiring all multi-family residential buildings equipped with elevators to install backup generators within six (6) years of the adoption of City Ordinance 46-06. In retrofitting this project to comply with this ordinance the applicant has identified some concerns over the amount of fuel and the size of the tank (1,000 gallons) they calculated would be required to accommodate the 120 hours operating time frame. A waiver request to LDR Section 4.3.3(00)(1)(F) to allow reduced operating hours minimums is being requested. WAIVER LDR Section 4.3.3(00)(1)(F) requires generator operation for one hundred and twenty (120) hours for elevators and emergency lights. The Florida Building Code only requires two (2) hours and 1.5 hours respectively. Our more stringent requirement was adopted based on problems experienced after hurricanes Francis, Jeanne and Wilma regarding residents' access to units in multistory buildings. The applicant claims that the provision of 120 hours of generator power would require a diesel fuel tank with a one thousand (1,000) gallon capacity, and that generators for developments of similar size are customarily installed with a five hundred (500) gallon fuel capacity which is deemed safer and more aesthetic. Additionally, Worthing Place represents they will establish an agreement with a diesel fuel provider to provide fuel replenishment in the event of an extended power outage, so that the generator will be operational until power is restored. Again, our experience following recent hurricanes has been that fuel deliveries may not be possible due to closure of the port. Staff has reviewed the project's emergency demand load calculations based on a generator fuel capacity of five hunderd fifty (550) gallons and has determined that this would most likely allow continuous generator operation for approximately one hundred (100) hours at a thirty percent (30%) load (Note: applicant's request is fora 500 gallon capacity). Given this assessment, a waiver could be supported. However, rather than declare a particular minimum hour requirement (i.e. 48 vs. 120 hours), staff suggests granting the waiver to allow the five hundred (500) gallon tank capacity and its resulting operation hours. Approval of this waiver should not grant a special privilege, create an unsafe situation, diminish public facilities or negatively affect the surrounding area. RECOMMENDATION Approve the waiver subject to positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR WORTHING PLACE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on February 3, 2009 wherein the applicant is requesting a waiver from the requirement that auxiliary power generators for the elevator, all interior corridor lighting and exit signs must operate for 120 hours and instead would like to install a generator that operates for at least 48 hours and has a 500 gallon tank due to concerns over the amount of fuel and size of the tank (1,000 gallons) that would be required to accommodate the 120 hours operating time frame. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Worthing Place located between SE 1St Avenue and SE 2~d Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to Section 4.3.3(OO)(1)(F) of the Land Development Regulations all new multifamily residential buildings (including hotels and motels) equipped with public elevators that apply for a building permit after the effective date of the ordinance (September 5, 2006) shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) public elevator that operates for 120 hours. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 1 Does the request to waive the minimum 120 hour generator operating time requirement and to allow a 500 gallon tank and the resulting generator operating time meet all the requirements of 2.4.7(6)(5) subject to the condition that Worthing Place shall establish an agreement with a diesel fuel provider to provide for replenishment in the event of an extended power outage, so that the generator will be operational until power is restored? 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 are not 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 Section 4.3.3 (OO)(1)(F) of the Land Development Regulations. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3~d day of February, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 a WEINER, ARONSON & MANKOFF, P.A, F ATTORNEYS AT LAW 10 S.E. 15t Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Teiecopier: (561) 272-6831 E-mail: jmankoft@zoneiaw.com MICHAEL S. WEINER CAROLEJ.ARON5QN JASON S. MANKOFF December 8, 2008 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach i DO' N.W. 1st Avenue Delray Beach, Florida 33444 Re. Generator Waiver Request Our Fiie No.: MORW016 Dear Paul: ~~ ~- r~ ~~; ~ r z~. ;I~.~ ..: _, ~} ~ _~ 1~ t ~ ~=- 4l i' { ~~ ~ Z~~$ `~ I°t~`'..,4 DES, ~ __.---~--~ ~ ~ ~~ _ u ~L~~~~~~G & ~0~;~;~G KERRY D. SAFIER STEPHEN B. GEBELOFF Via Hand~DeiiverY This letter is a waiver request pursuant to Section 2.4.7(6)(2} of the Delray -Beach ~ Land Development Regulations ("LDRs"} involving the granting of relief from LDR Section 4.3.3(00}(1)(f} to allow a generator to operate for forty eight {48) hours. To support a waiver, LDR Section 2.4.7(8}(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 nat 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. The waiver wi[I not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor 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. It is also important to realize- that this request is not to eliminate a generator, but is only to reduce the operation period to sixty (60) hours. Thus, this waiver request should be approved based on the following. O:IMORV4l01S1Waiver Request.doc December 8, 2008 ' Page 2 of 2 Currently, the City's LDRs require generator power for one-hundred and twenty (120) hour service for elevator and emergency lights even though the Florida Building Code requires only 2 hours and 1.5 hours, respectively. The consequences of requiring one=hundred and twenty hour {120) hour service would require the installation of a tank of diesel fuel in excess of one-thousand (1,000} gallons in a resides#ial area, which is °not desired. Current standard generators are installed with a 500 gallon capacity belly tank which are safer and provide a better aesthetic design. The standard tank and generator combine#ion would provide continuous service for forty eight (48) hours and would not require the installation of additional storage tanks for diesel fuel. Addi#inally, this project has been designed such that each floor maintains an on- grade entryway into the immediately adjacent parking garage thus allowing residents to drive directly to their floor in the event of a power outage. There will also be an agreement with a diesel fuel provider to provide fuel replenishment in the event of an extended power outage so that the intent of the ordinance requirement will nonetheless be fulfilled even with the granting of the waiver. Finally, the City's own IT building was granted a waiver from this very requirement. Clearly, the granting of this waiver does not grant a special privilege to our client. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5} Waiver Findings, can be made. Therefore, for the reasons enumerated aborie, we respectfully req-nest that this waiver be approved. Very truly yours, O:IMORW0161Waiver Request.doc interoffice memo. date:.12/30/08 to: CANDI N. JEFFERSON -SENIOR PLANNER cc: T A C FILE from: Harvey Greenberg -fire dept subject: WORTHING PLACE - 33 SE IsTAVE. 1-THE FIRE DEPT DOES NOT SUPPORT A WAIVER REQUEST FOR GENERATOR OPERATION FOR 48 TO 60 HOURS INSTEAD OF THE REQUIRED 120 HOUR OPERATION REQUIRMENT PURSUANT TO L D R SECTION 4.3.3.00.1.(f} 2-FOR YOUR INFORMATIDN.• ABOVEGROUND FUEL STORAGE TANKS EXCEEDING 600 GALLONS IN CAPACITYMAYBE PLACED ABOVEGROUND IF IT IS A FIRE RESISTANT PROTECTED TANK LISTED AND TESTED INACCORDANCE WITH UL 2085,STANDARD FOR PROTECTED ABOVEGROUND TANKS FOR FLAMMABLE AND COMBUSTIBLE LIQUIDS,AND ADEQUATELY SCREENED FROM VIEW. 3-THE FIRE DEPT.HAS NO OBJECTIONS REGARDING POOL EQUIPMENT STORAGE ON THE GARAGE LEVEL AND ELIMINATION OF THREE (3) PARHING GARAGE SPACES ~C ~ s.0~i'3 ~ ~' ~~~ ','~ From: Hasko, Richard Sent: Tuesday, December 30, 2008 11:08 AM To: Dorling, Paul Cc: Harden, David Subject: FW: pdf It looks like their proposal will allow continuous generator operation for just under 100 hours operating at 30% load. I'm not sure why we have the 120 hours in our code if it exceeds the building code and State requirements as significantly as suggested by the developers representative, but based on our Utility Maintenance Manager's review, I would be inclined to support the requested waiver. I would also recommend looking into that code requirement to confirm that it is not based on some old or absolete operating conditions or assumptions. We may want to revisit it in the context of current technology and what would constitute a reasonable response time for power outages. From: Williams, Harold Sent; Tuesday, December 30, 2008 10:53 AM To: Hasko, Richard Cc: Majtenyi, Victor Subject: RE: pdf I looked up the fuel specs for the specified Kohler generator: 100% load uses 15.3 GPH 1 with the specified 550 gallon fuel tank that gives 35 hours of operation 75% Toad uses 11.4 GPHI giving 48.24 hours of operation. 50% load uses 8.3 GPH 1 giving 66 hours of operation 25 % load uses 5.2 GPH I gives 105 hours of operation. The load calculations given for the three emergency panels totals 80 KVA max load. The specified generator is a 250 KVA thus even under peak demand it would be operating at about 30 % of full load. Using the 50 % load fuel consumption this would give them at least 66 hours of operation with the Included 550 gallon base tank. if they can assure that the generator would be fueled every 48 hours there should be no problem. Alsa when private entities start having to store large quantities of fuel such as the 1000 gallon tank required here for 120 hours of operation, they tend not to maintain the fuel properly. i.e. -cleaning the fuel quarterly, applying algaecide etc. - so when an emergency does occur the generators tend not to operate properly. Harold Williams ESD Manager of Maintenance City of Delray Beach, Florida Phone: 561-243-7308 Fax: 561-243-7344 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 28, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 OLD SCHOOL SQUARE PARK PHASE ONE FINAL DESIGN/GLATTING .TACKSON KERCHER ANGLIN,INC. ITEM BEFORE COMMISSION Staff requests Commission consideration of a proposal from Glatting Jackson Kercher Anglin in the amount of $140,300 for professional services related to the final design of Phase I of the Old School Square Park project. BACKGROUND On the basis of its selection as the highest ranked respondent for the City's Request For Qualifications (RFQ) relating to the Old School Square Park expansion, Glatting Jackson Kercher Anglin was awarded a contract by City Commission on March 20, 2007, in the amount of $128,500 (later increased by $10,750 for additional surface water management design/permitting) for preparation of a master plan for the phased development of Old School Square Park. That scope of services primarily involved information gathering and working with a variety of stakeholders and residents at large in several forums and venues to establish the essential parameters for the park design. Concepts, layouts, component facilities and potential uses were analyzed, and the effort culminated in the final approval of the master plan by City Commission at the October 14, 2008 Special Workshop meeting. Subsequent to master plan approval, staff met with Glatting Jackson to establish a scope of services for a design contract for Phase I of the park expansion, consisting generally of the former surface parking lot bounded on the east and west by NE 1st Ave. and NE 2nd Ave., and on the north and south by the recently completed Old School Square Garage and the service alley behind the commercial establishments on Atlantic Avenue. The attached proposal includes all required professional consulting services for site surveying/geotechnical testing, civil/electrical/architectural design, plan and specification preparation, permitting and competitive bid analysis and recommendation for the first phase park development. There will also be a call to artists for design of various Florida Community Trust (FCT) required components to be included in the first phase of the park which costs are not included in this proposal. Fees for this proposal total $140,300 with $87,200 designated for Glatting Jackson for their scope as the prime consultant, and the remaining $53,100 for Civil, Electrical and Irrigation design subconsulting work. Construction Administration services are not included in this request for contract award, but are budgeted at $35,600. The current project schedule reflects construction starting in June, 2009. The phase I budget is $1,200,000 inclusive of consulting fees and contingencies. FUNDING SOURCE Funding is available in account# 334-4151-572-63.59, Old School Square Park Improvements. RECOMMENDATION Staff recommends approval of an agreement with Glatting Jackson for Old School Square Park phase I design. CC GLATTING JACKSON KERCHER ANGLIN We plan and Design 1_IVabIE COfT1TTlunItlES Jack F. Glatting, Founder William J. Anglin, Jr. David L. Barth Gregory A. Bryla Dan E. Burden Frances E. Marino Gharles P, Gobble Jay . Exam Carey S. Hayo Jay R. ]food Timothy T. Jackson William C. Kercher, Jr. Walter M. Kulash Brent A. Lacy Sharon K. Lamantia Ian M. Lacicwoad Thomas J. McMacken, Jr. John M. Percy Tray P. Russ Peter C. Sechler Donald G. Wishart 1389 Peachtree Street, Ni= Suite 31(3 Atlanta, GA 30309 P: 404 541 6552 1523 18th St Suite 101 Denver, CO 80202 P: 3{33 524 3090 120 Norih Orange Ave Orlando, FL 32801 P: 407 843 6552 222 Clematis Street Suite 200 West Palm Beach, FL. 3a4c,1 P; 561 659 6552 CONSULTING SERVICE AUTIORIZATION DATE: SERVICE AUTHORIZATION N0. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: City of Delray Seach Old Schn©~ Square Expansion Phase 1 Glatting Jackson Project N©. 20988.0 April 1 1, 2008 Revised April 24, 2008 Revised Deeeznlaer 22, 2008 Revised January l5, 2009 Revised January 26, 2009 EXHIBIT A -SCOPE OF SERVICES 1.0 PROJECT DESCRIPTION 1.1 The City of Delray Beach (City) desires to retain Glatting Jackson Kereher Anglin, Inc. (Glatting Jackson) to develop design, permitting, bidding and construction drawings and specifications for the Phase l development o£ the Old School Square Expansion. The proj ect is a 1.86-acre parcel located in downtown Delray Beach, Florida. The City is the owner of the project. 1.2 The construction budget for the development of Phasc One of the park is currently estimated at approximately $1.2 million dollars and is inclusive of contingency and design fees. The project will include; a conceptual lighting plan, a "Great Lawn", hardscape pedestrian. surfaces and tread areas adjacent to the "Great Lawn", a life sized chess board (pieces/figures designed by a City selected artist), three (3) pedestrian location signs anal one (1) pedestrian information sign with remote progran~zxaing capability as depicted in the approved master plan dated October 9, 2008. The construction document scope of work will not include any site work or amenities west of the "Great Lawn", the Perimeter Shade Structure or other architectural/structural features noted in the approved master plan. 1.3 Glatting Jackson shall act concurrently as the Project Manager for the project, as well as the Park Planner and Landscape Architect. l.4 Professionals working on the project as subeonsultants to Glatting Jackson include the following: Civil Engineering, Permitting Michael B. Schorah and Associates Geotechnical Engineering Dunkelberger Engineering & Testing, Inc. (as a Subconsultant of Michael B. Schorah and Associates) wuvw.gtatttng.Cam L~- Electrical Engineering Electrical. Design Associates {EDA) Irrigation Computer Design Services The City hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subeonsultants to Glatting Jackson as Project Manager for the project. 1.5 All work shall be completed in accordance with the terms and conditions of the Agreement for General Consulting Services between the City and Glatting Jackson dated April 7, 2Q07. This service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. 2.0 SCOPE OF SERVICES PART I -Data Collection _ Master Plan Finalization 2.1 Project Managenn~er~t - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work and our sub consultants' work with the City's representative, monitor the project schedule as it relates to this scope, and provide timely invoicing and reporting of project progress. 2.2 Geotech~nical Data W Dunkelberger Engineering & Testing, Inc. shall provide geotechnical services in support of the stormwater management system design. Glatting Jackson will provide a preliminary site plan to the engineer who will identify the approximate locations of anticipated required borings. Geotechnical investigations in for structural and environmental data will not be included in this scope of work. The City has stated that an existing report indicates that additional environmental study is recommended and that the City will undertake this work separate from this scope of services. 2.3 Base Map -Glatting Jackson's Civil Engineering subconsultant will develop the base map from survey information. prepared by Michael B. Schorah and Associates during Part A of the referenced Consulting Service Authorization {CSA) for Landscape Architectural Consulting Services. This base map will show the location of existing features, including but not limited to topography, boundary, vegetation, species of special concern information, adjacent land uses, adjacent zoning, utilities, right-of--way information and easements. 2.4 Review Meeting/ Schematic Design Kick-off Workshop -Glatting Jackson shall conduct up to three (3} meetings with. the Project Team. and City to review and discuss the Final Master Site Plan and Basc Map; to discuss any constraints to development of the site; and to brainstorm thematic ideas and public art opportunities to kick-off the Schematic Design phase of the project. Revisions or changes requested by the City based upon kick-off meeting comments shall be incorporated into the Schematic Design Documents. If additional analysis or field investigations are determined to be necessary for the Final Master Site Plan, these shall be provided to the City as an Additional Service. 2.5 Call l'or Artists--The City of Delray Beach will prepare a call for artists for the design and construction of the chess pieces and/or other public art elements. Glatting Jackson wi11 coordinate our work with the work performed by the City's artist. The City's artist will design the chess pieces/board and Glatting Jackson will incorporate the chessboard layout into the construction documents. ICS Part 1 Deliverables - As a result of these tasks, the Glatting Jackson Project Team shall produce the following.• - Review Meeting/Schematic Design Kicle aff Minutes (Glatting.Tackson) - Environmental Audit (Dunkelberger Engineering & Testing, Inc.) - Base Map (Michael B. Schorah and Associates) PART II -Design Documents 2.6 Schematic Design: Documents -The Glatting Jackson Project Team shall develop Schematic Design Documents based upon the p'inal Master Site Plan and budget dated March l6, 2008, completed during Part A of the referenced Consulting Service Authorization. (CSA} for Landscape Architectural Consulting Services. The anticipated Development Program for the development of tlae Schematic Design Documents includes: Overall site and hardscape plans for Phase 1 development, including site furnishings and signage (Glatting Jackson) ^ Landscape and irrigation plans identifying proposed plant massing and irrigation mainline routing (Glatting Jackson) ^ Schematic site electrical engineering (EDA} ^ Schematic civil design including paving, grading, drainage and utilities (Schorah) ^ Statements of probable casts (each Team member per their drawings) Glatting Jackson will consolidate the various plans prepared by the Project Team into one (1} set of documents (30% submittal) for the City to review. If additional program elements are requested by the City, Glatting Jackson shall provide the design, permitting, and construction documentation of those elements as an Additional Service. 2.7 Statement of Probable Cast -Each team. member of the Glatting Jackson Project Team shall prepare a Statement of probable cast for their drawings based upon their Schematic Design Documents. 2. $ City Review/Meeting -The 30% submittal will be distributed. by the City to applicable City Staff for their review. The City will provide the Project Team with one (1}consolidated set of written comments andlor marked up drawings prepared by City Staff. Based oza comments provided by the City, Glatting Jackson wi11 then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the: Project Team will then meet with the City one (l }time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 60% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Sez-vice. 2.9 Coordination Meeting -Glatting Jackson and the Project Team sha11 attend a coordination. meeting to verify all review cozx~.ments from the 30% Construction Document submittal are addressed and incorporated into the 60% Construction Document submittal. ~Z~ Part II Deliverables- As a result of these tasks, Glatting Jackson and the Project Team shall produce the following: - Two (2) full size and three (3) half size sets of black and white schematic plans at a scale of 1 " = 24'; identifying proposed plant massing, site features and theming (Glatting,]ackson) - Two (2) ,full size and three (3) half size sets of Schematic Civil drawings at a scale of 1 " 24' (Schorah) - Two (2) full size and three (3) half size sets of Schematic Electrical drawings at an applicable scale to illustrate design intent (EDA) Five (S) sets of up to twenty (24) 81/2" X 11 "cut sheets of site furniture and features (Glatting Jackson) - Five (5) copies of the order of magnitude statements of probable cast (each Team member per their drawings) One (1) copy of the City Review Meeting Minutes (Glatting Jackson) 2.10 Site Plan Review and Appearance Board (SPRAB} Review -Glatting Jackson wi11 also submit signed and sealed schematic drawings per the City of Delray Beach SPRAB Site Plan Application Guidelines to the City SPRAB for their review and comments. If necessary, Glatting Jackson and the Project team will meet with the SPRAB one (1) time to discuss comments. Additional revisions or meetings required in response to the SPRAB's comments and discussions shall be provided as an Additional Service. Deliverables- As a result of this task, Glatting Jackson and the Project Team shall produce the following: - Six (b) full size sets of black and white Site Plans; identifying proposed plant massing, site features and theming (Glatting.Iackson) W Six (6) full size sets of Landscape drawings (Glatting,Iackson) - Six (d) full size sets of Composite Overlay drawings (Glatting Jackson) Six (5) full size sets of Civil survey drawings (Schorah) - Six (6) full size sets of Civil preliminary engineering drawings (Schorah) - Six (6) full size sets of Electrical preliminary engineering drawings (EDA) 2.11. Design Development Documents -Based on the approved Schematic Design Documents, City review comments, SPRAB review comments, and the Statement of Probable Costs, the Glatting Jackson Project Team shall prepare Design Development Documents (60% CDs) for the project. These documents will further refine and articulate the project elements established in the Schematic Design phase. 2.12 Statement ©f Probable Cost -Each team member of the Glatting Jackson Project Team shall prepare a Statement of probable cost for their drawings based upon their Design Development Documents. 2.13 City Review/ Meeting -Glatting Jackson will consolidate the various plans prepared by the Project Team into one (1}sot of documents (60% submittal) for the City to review. The b0% submittal will be distributed by the City to applicable City Staff for their review. The City will provide the Project Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff. Based on comments provided by the City, Glatting Jackson will then distribute the consolidated list of written. comments to the Project Team. Glatting Jackson and the Project Tea~xa will then meet with the City one (l) time to review and discuss tl~e comments. Revisions in response to the review comments will be incorporated into the 90% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Service. 2.14 Planning and Development/Building Department Courtesy Review -Glatting Jackson will also subrnit five (5) sets of the 60% Construction Drawings to the City Planning and DevelopmentBuilding Department for their review and comments. If necessary, Glatting Jackson and the Project team will meet with the Planning and Development/Building Department up to two (2) times to discuss unclear elements. Comments from the Planning and Development/Building Department will be incorporated into the 90% Construction Docuz~aents by each member of the Project Team. Additional revisions or meetings required in response to the City Planning and Development/Building Department's comments and discussions shall be provided as an Additional Service. 2.1.5 Co©rdination Meeting _ Glatting Jackson and the Project Team sha11 attend a coordination. meeting to verify all review comments from the 60% Construction Document submittal are addressed and incorporated into the 90% Construction Document submittal by each. professional working on the project. Part III Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: - Two (2) full size and three (.~) half size sets of Design Development Documents b0% CD's (each Team per their drawings) at a scale of I " = 20' and/ar an applicable scale to illustrate the design intent - Five (S) sets of Design Development Documents 60% CD's (each Team per their drawings) .for SPRAB review - Five (5) sets of Design Development Documents 80°/a CD's (each Team per their drawings) for P&D Courtesy Review - Twa (~) copies of the Statements of Probable Casts (each Team per their drawings) - (1) copy of the City Review and P&D Courtesy Review meeting minutes (Glatting Jackson) 2.16 Construction Documents -- Based on the approved Design Development Documents, the Glatting Jackson Project Team shall prepare Construction Documents for the project as follows: Hardscape Plan (Glatting Jackson) ^ Hardscape plan and paving details ^ Paxk signage including (1) entry sign, (3) directional signs and (1} informational sign with remote updating capability ^ Site furnishings plan and details. ^ Technical specifications that define materials and methods appropriate for construction {excluding signage} ^ Statement of probable construction costs Landscape and Irrigation Plan (Glatting Jackson) ^ Landscape and irrigation plans ^ Landscape and irrigation details ^ Technical specifications that define materials and methods appropriate for construction ^ Staternent of probable construction costs Civil Engineering and Permitting (Schorah) f~ Civil site plan showing the site layout ^ Permitting including but not limited to South p'lorida Water Management District (SFWMD)Il?lorida Dept. of Environmental Protection {p'DEP) and the Army Corps of Engineers (ACOE), if required ^ Grading and drainage plans ^ Technical specifications that dune materials and methods appropriate for construction ^ Statement of probable construction costs Electrical (EDA Engineers) ^ Site electrical engineering plans ^ Site lighting plans ^ Technical specifications that define materials and methods appropriate for construction ^ Statement of probable construction costs 2.17 Stateme~at of Probable Cast -Each team member of the Glatting Jackson Project Team shall prepare a Statement of probable cost for their drawings based upon their Construction Documents. 2.18 City Review/Meeting -Glatting Jackson will consolidate the various plans prepaxed by the Project Team into one {1) set of documents (90% submittal) for the City to review. The 90% submittal will be distributed by the City to applicable City Staff fox their review. The City will provide the Project Team with one (1) consolidated set of written comments and/or marked up drawings prepared by City Staff Based on comments provided by the City, Glatting Jackson will then distribute the consolidated list of written comments to the Project Team. Glatting Jackson and the Project Team will then meet with the City one {1) time to review and discuss the comments. Revisions in response to the review comments will be incorporated into the 1.00% Construction Documents. Additional revisions or changes in response to subsequent review comments requested by the City shall be provided as an Additional Service. 2.19 Coordination Meeting -Glatting Jackson and the Project Team shall participate in a conference call/coordination meeting to verify all review comments from the 90% Construction Document submittal are addressed az~d incorporated into the 100% Construction Document submittal. 2.20 Final (100%) Construction lloeuments -The Glatting Jackson Team shall prepare the final set of Construction Documents, incorporating review comments from the 90% City review meeting and the Planning and DevelapmentBuilding Department review. The documents will be suitable for bidding and construction of the design elements of the project as detailed in this scope of services. Each professional. will sign and seal the 100% construction document set prepared by them. Part IV Ileliverables -~ As a result of these tasks, Glatting.Tackson and the Project Team shall produce the, following with plans presented an 24" x 36"sheets at a scale of I " ~ 20'-0 " and/or an applicable scale to illustrate the design intent.• - Three (3) .full size and three (3) half size sets of black and white 90% Canstr-action Documents (far City and Planning/Building Department submittals) - Two (2) copies of the 90°/a Statement of Probable Cost - One (I) set of 90% Technical Specifications LL' - One (1) full sine and two (2) half sire sets of 100% Final Constructian Documents - One (1) set of 100°°/a Final Technical Specifications PART III -Permitting Assistance 2.21 Regulatory Permitting _.. Schorah and Associates will complete and submit applications necessary for the project to be approved by other public agencies having jurisdiction, including but not limited to: ^ Sauth Florida Water Management District (SFWMD) ^ Florida Department of Environmental Protection (FDEP) Environmental Resource Permit ^ Axmy Corps of Engineers (ALOE) ^ City of Delray Beach Utilities The City shall sign all permit applications and pay all perr~ait application fees directly to the appropriate agency at the required time. 2.22 Building Permit -Glatting Jackson will provide three (3) signed and sealed sets (by each Team member as apprapriate) of 100% Final Construction Docuaaaents to the Building Department for permitting. Glatting 3ackson will respond, and coordinate responses from the Project Team, to questions prepared by the City's Building Department. Glatting Jackson and the Project Team. will revise drawings one (1) time, for the issuance of a building permit. Additional revisions or changes in response to subsequent review comments requested by the Gity shall be provided as an Additional Service. 2.23 C©©rdination Meeting -Glatting Jackson and the Project Team: shall attend a coordination conferencelmeeting to verify all review comments from the City Building Department and public agencies having jurisdiction of the project are addressed and incorporated into the Issued for Bid Construction Document submittal. Part I~Deliverables - As a result of these tasks, Glatting Jackson shall produce the following.• - Permit applications to the agencies specified - Three (3) sets of 100% Permit Documents PART IV -Bidding Assistance 2.24 Bidding Assistance _Glatting Jackson and the Project team will attend and run one (1) mandatory pre-bid meeting, prepare unit price bid forms, issue documents in electronic format for bidding to bidders approved. by the City, respond to contractor questions and issue addenda, review bids, and recommend selection of a contractor. Recommendations will be based upon past experience of the contractor, price, and availability to perform the work within the anticipated schedule. Part i~I Deliverables _ ~s a result of these tasks, Glatting Jackson shall produce the following: - One {2) capy of Mandatory Pre-bid Meeting Minutes - Twenty (20) sets of Issued far Bid Documents bound - One (1) digital copy oflssued far Sid Documents {pdfformat) - One {1) digital capy of the Technical Specifications - Response to bidder's questions -- Addenda to Bidding Documents as needed PART V -..Construction Assistance 2.1 General Administration -Glatting Jackson shall provide the City with. Construction Services on an as needed basis. The City will be responsible for General Administration during the Contract Administration phase. Glatting Jackson's work may include: - Pre-Construction Meeting Attendance (l meeting) - Construction Meetings (Concurrent with Construction Observation site visits) - Review of Product Submittals - Notification ofNon-Conforming Work - Shop Drawing Review - Preparing RFl Responses - Preparing Field Sketches or Modifications to Documents Related to Constructability - Review of Contractor Pay Requests 2.2 Review of Materials -Glatting Jackson's work shall include: Nursery Site Visit to Select andlor Review Contractor-Selected Plant Material {S Hours) - Review of On-Site Hardseapc Mock-Ups 2.3 Capstruetiou Qbservation -The design team will visit the site as follows: Glatting Jackson l2 Site Visits Schorah 10 Site Visits Electrical Design Associates 5 Site Visits Cozxzputer Design Associates 3 Site Visits The site visits will e at intervals appropriate to the stage of construction to become familiar with the progress and quality of the work eorrapleted, and to determine in general if the work observed is being performed in a manner indicating that the work, when fully eoxnpleted, will be in accordance with the construction documents. However, Glatting Jackson will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of work. Glatting Jackson shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since those are solely the Contractor's rights and responsibilities under the contract documents. 2.4 Construction ReQorts -Each site visit will be followed by a report to the City of known deviations from the contract documents and t'rom the most recent construction schedule submitted by the Contractor. However Glatting Jackson shall not be responsible for the Contractor's failure to perform the work in accordance with the requ.irenrzents of the contract documents. Z.5 Project Comgletiart -Glatting Jackson's work shall include: f~ - Site Visit to determine the date o£ Substantial Completion - Site Visit to determine the date o£ Final Completion - Receive from the Contractor and forward to the City, for the City's review and records, written warranties and related documents required. by the Contract Documents and assembled by the Contractor - Approve the Contractor's final Certifrcate for Payment: indicating the work complies with the requirements o£ the Contract Documents PART VI -Additional Services 2.30 Additional Services -Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the City. These may include but are not limited to: - Professional Cost Estimating ($ 9,200) Specialty Lighting ($23,000) - Revise drawings, specifications or other documents when such revisions are: ^ Inconsistent with approval or instructions previously given by the City, including revisions made necessary by adjustments in the City's program. or project budget ^ Required by the enactment or revision o£ codes, laws or regulations subsequent to the preparation of such documents ^ Due to changes required as a result of the City's failure to render decisions in a timely manner - Provide services required because of significant changes to the project (e.g. size, quality, complexity, the City's schedule, method of bidding and negotiating the contracting for construction) - Post "Issued for Bid" Drawings Redesign - Value Engineering (VE) Redesign in Response to Bid - Services necessitated by City's or Contractor's default - Additional work resulting from bidding, negotiation or construction prior to the completion o£ Construction Documents - Prepare record drawings - Warranty review site visit - Contract Administration Between Owner and Contractor - Multiple "Substantial Completion" Site Visits - Phased Construction (i£ phasing occurs after contract negotiation) - Structural Design PART VII -Services Not Provided 2.31 Services Not Provided - On-Site Construction Supervision or Management ~- As Built Documents - Any work required by federal, state, or local code to be provided by a licensed professional other than a Landscape Architect is beyond the scope of the work to be performed by Glatting Jackson. Each professional on the team will sign and seal documents containing the work prepared by them. 3.Q PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of the notice to proceed. Glatting Jackson, in consultation with the City, shall perform its work in such a manner as to comply with the Schedule shown as "Attachment A _ Preliminary Schedule". 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and wi11 have the responsibilities described: David L. Barth - Principal-ln Charge 5/Project Manager Michael P. Sobczak - Urban Designer 5 Bruce C. Hall - Landscape Architect 4 5.0 COMPENSATION- Total agreement $140,300.00 5.1 Part T -The fee for Part 1, Data Collection, shall be a lump sum fee of Eight Thousand Six hundred dollars ($&,600.00) including direct expenses. The City shall be billed on a monthly basis as a percent complete of the fees. 5.2 Part II -The fee for Part II, Design Documents, shall be a lump sum fee of Qne Hundred Seventeen. Thousand Seven Hundred dollars ($117,700.00} including direct expenses. The City shall be billed on a monthly basis as a percent complete of the fees. 5.3 Part IfI -The fee for the work described in Part III, Permitting Assistance, shall be billed on a time and materials basis with an estimated budget of Eight Thousand dollars ($8,000.00) including direct expenses. 5.4 Part IV -The fee for the work described in Part IV, Bidding Assistance, shall be billed on a time and materials basis with an estimated budget of Six Thousand dollars ($6,000.00} including direct expenses. 5.5 Part V -The fee for the work described in Part V, Construction Assistance, shall billed on a time and materials basis with an estimated. budget of Thirty-Five Thousand Six Hundred dollars ($35,600A0) including direct expenses. (Not included in this award.) S.6 Part VI -~ The fee for Part Vl, Additional Services, shall be billed using the hourly rate listed in the referenced agreement, or as an agreed upon fixed. fee. 5.7 A~piicatiou Fees -All application., filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the City directly to the appropriate agency at the required time. 5.8 Subconsulta~t Fees -Fees for subconsultants warking on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above: Michael B. Sahorah and Associates $24,b00.00 Electrical Design Associates (EDA} $26,500.00 Computer Design Services $2,000.00 5.9 Retainer - No retainer will be required. b.0 CITY RESPONSIBII..ITIES G.1 City shall designate a Project Representative immediately upon execution of this Scope of Services, who shall be Glatting Jackson's point of contact with the City. 6.2 City shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Gity's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary far completion of the project. 6.3 City shall comply with any schedule requirements made known to the City by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. b.4 City shall be responsible for all other aspects of the project not specifically assigned to Giattiz~g Jackson under this Letter of Agreement or any subsequent request (and acceptance} for Additional Service. PM ' SGL SKL IN WITNESS WHEREOF, the parties hereto have entered into this Service Authorization as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF CITY OF DELRAY BEACH By: Rita Ellis, Mayor GLATTING JACKSON KERCHER ANGLIN By: The foregoing instrument was acknowledged before me this day of 200_, by as (name of officer or agent, title of officer or agent), of a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public T _ 7 d 7 ~_ C F T A ~ T A T A O. .a O. Q C O. F A L U ~ A A d LL M N v ~ d lL ~ 7 ~ 9 N 4 d ~ LL T 4 d LL N F N T v 7 F ~ T c C A C r A L7 ~ N 5 ~ g ^ 3 N s a a ~oY Q Q f z c+ w_ E w ~ p a z Qa(7C ~~ T I, ~ ~i -- - ---- --- --- ---- i i i i i - i i i - i i --- -i -- _. _ _ l ~ m _ x Y _ c, 3 ' ~ _ y C U Q E ,c' rn' ~ A _ E ~ U. C U o y C ~ 's Q i rn i C C H ~ C a - ~ ~ ~ A ~ V~ z U ' _ C - ~ s a ~ o ~ ~ ~ - ~ a ~ ~ H E ~ _ U ~ A a E V~ C U - ~ x a E H E m _ _ ~ _ 0 3 ~ ~ _ m - _ 0] ~r ~W ~ti ,~ ~ti q~ ~. W Va ~r ~ ~ ~ ,..1 x O U a, cra J U Q ¢~c;w~ ~W~ ati~ q*~~ ¢HC a~.;a ~~CJ W~ ~~a q;~; a"~~ ~W a W a aa~ ~ a W~q a~q ~' ~aW ~. ~ w x C 5~ CARSON & ADI~NS TO: 'Mayor snd City Commissioners City of Delray Bench FRAM: Leonard A. Carson r/ DATE.: January 20, X009 RE: List of lJxperts Pursuant to your request and direction, I am submitting a list of nine (Q} experts, listed in alphabetical order. 'This memorandum will inform you of the process I followed in arriving at the list of nine {9}. l was informed on the morning of Wednesday, January 14, that the City Commission had requested that I provide a list of experts for its consideration. I immediately viewed the Commission's meeting of the previous night so that I could better understand the parameters of the Commission's directive. I then reviewed the Information filed in the U.S. District Court, with particular attention to paragraphs 140 through 157, in which Delray Beach is mentioned. When 1 was satisfied that I understood the issues to be reviewed, I began calling individuals throughout the State in an effort to locate individuals who met the Commission's criteria, as set forth in the Commision meeting of January 13. The attached list and supporting data is presented for your consideration. With one exception, each of the individuals on the list has been vetted and reconnnended by one or more other persons whose credentials I know and respect. Expert # 5 came to my attention in a different manner. I received an a-mail on the afternoon of Wednesday, January 14, from the managing director of the Miami office of a consulting firm. The stated purpose of the a-mail was to make me aware of the firm's capabilities, in the event they could be of assistance. In a later discussion, I learned that the managing director had recently moved his residence to North Palm Beach County, which might be construed as a disqualifier. However, as a result of that conversation, I learned that the firm had a member in its Washington office, whose expertise was more in Tine with that sought by the. Commission. Because Expert # 5 appears to have the relevant expertise based upon his C.V., I have included him on the list even.. though I have not vetted him with anyone other than the. member of his own firm, who resides in Palm Beach County. I recognize that the Commission had expected to receive a list of three {3} to five {5) experts. However, since I found nine {9) individuals who appear to meet the Commission's stated criteria, I thought it better to provide all. nine (9) for the Commission's determination. }' Memo to Mayor and City Commissioners January 20, 2009 Page d2 I regret that Y was w~able to provide this list earlier. It took time to obtain documentation from those individuals who presented with the appropriate qualifications, and I thought it better to take more time and provide the Commission with a more complete and appropriate list. Please let me lrnow if I can answer any questions, or be of further assistance. CARSON & ADKINS Lawy~-~ Experts (Listed in Alphabetical Order) 1. Laura Krueger Brock, CPA Kirkland, Russ, Murphy and Tapp Clearwater, FT. {Would be assisted by Donald M, {Chip} Jones, CPA) 2. Usher L. Brown, Esquire Brown, Gargaaese, Weiss & D'Agresta Orlando, FL 3. Marianne F. Edmonds, Senior Managing Director Public Resources Advisory Group St. Petersburg, FL - {Would be assisted by Sonya Little, Managing Director, and Philip Watson, Asst. V.P.) ~4. Robert R Garner, CPA Government Consulting Service Company Tallahassee, FL 5. Jason M. Sevier, CPA Huron Consulting Group Washington, DC 6. Sltltri A. Shuman, CPA Vice President, Administration and Ficiarace University of North Florida Jacksonville, FL 7. William R. Voorhees, Ph.D. Department of Political Science and Public Administration University of North Florida Jacksonville, FL 8. John 4V. Waechter, Esquire Englander & Fischer, PA St. Petersburg, FL 9. Richard T. (~'oby) Wagner, President Southeastern Investment Securities, LLC Winter Park, FL 1. Laura Krueger Brock 3anuary 16, 2009 Leonard A. Carson Carson & Adkins 2958 Wellington Circle North Suite Z00 Tallalsassee, FL s2309 Dear Leonard: We are pleased to submit Kirkland, Russ,. Murphy and Tapp P.A.'s {KRiV1T} qualifications to provide consulting services to your client. We are proud of the reputation we haver built whsle serving our client base over the last seventeen years and are honored to be considered to provide professional services. We at KRMT believe that our core values of integrity and reliability, as well as our technical skills and experience, enable us to provide an unsurpassed level of service to our clients. At ICRMT, we know that the success of oar firm depends upon the success of our clients. Our personnel are highly motivated az~d focused an achieving results, and they will be dedicated #o understanding aad responding to the specific issues facing your client. The ICRMT Advanfaee I"shericnc€+tl Team We have selected qualified individuals to assist on this project. The team was selected for their extensive Irnowledge and expertise and ability to meet your tune lines and objectives. Your KRMT team has over 60 cnilective years of experience to effectively serve you. In May,. 2007 Laura Krueger Brook joined KRMT as a shareholder. She brought a wealth of knowledge and experience serving. the public sector along with 15 years experience in forensic accounting and will serve at the engagement shareholder. As a partner with a regional accounting firm, she was the Florida Partner in Charge of the Not-for-Profet Practice and the head of the Crovernment practice for Tampa Bay. In addition, Do;~-ald M. (Chip} 3ones joined KRMT as a slQarehoIder and will serve as the second shareholder on the engagement. He recently joined KRMT from KPMG where he served as the Partner-in-Charge of the Norh- Florida offices for the Public Sector clients. He brings over thirty fire years of experience, knowledge and expertise as it relates to Governments. Comrnitn3cnt to 7n#egrity and Quality A KRIvIT is dedicated to performing with integrity in all aspects of our services. We have invested enormous resources in the. technology, processes and training to support it. Even one of our values outlines the cominitment we have for integrity. Please feel free to contact us to discuss our background, experience and any other questions you may have. Sincerely, $i 3h~h ~~ er Brock KIII~~CLAN~~, RCTS5, MllRPI-IY~~'~,TAI'P CE3i[IAIEP PUBEIC' A['CIJUNTANf4 4 MyGwaW~.k..K?+.~ F~i~-I-~ ~'l~c~~le ~1~~ ~~~~~ifG~.tions ~j• ,_ .. . :... Finn Cavet'r'ie~-' Kirkland, Russ, Murphy & Tapp, P.A. (K1tMT~ is the largest local Certifszed Public Accounting (C,PA) firm based in the Tarnpa Bay area and was ranked #7 by The amps BrrY Busyness Jarrrnal in the 2008 Book of Lists. The founding shareholders of KRMT all began their professional careers with international accounting firms. known in the industry as the "Big Four". KRMT was formed as a result of the personal philosophy of our shareholder group to deliver quality services and develop long-term, value-driven relationships with our clients. Laura Krueger Brack, shareholder, joined l{RMT in 2007. She came from Chezry, Bekaert 8c Holland, L.L.P. where she served as the partner in charge of the Florida Not for-Profit practice and provided audit and consulting services to gove7rtment clients in Florida, North Garolim,a and Virginia to include Pinellas, Hiltsbomugh, Manatee, Sarasota, and Lee Counties. This enn•-initmem to quality, combined with out experience across a broad range of industries and our personal approach to client service has enabled KRMT to became one of the fastest growing CPA firms in West Central Florida. Leve~~age Our structure allows us to utilize the necessary stafffor each engagetrient. Our staf>`'breakdawn is as follows: Resources We take a proactive approach to our services, applying the experience and proficiency of our staff, as well as our investment in the latest technologies, to deliver solutions. We couple personalized atferttion with the expertise and resources generally found at larger firEns to provide superior service. KRMT has one office based in Clearwater, FL which is strategically located to service clients in the Tarnpa Bay area and surrounding counties. ~~~ n~~s _, KII~CLANI~, RUB .~~m J„-.w, a~w.~w.e Firm ~l~r~~~~~e ~.n~. C~l.~~~if~catir~r~~ ln€lepey~tlence n~ i, s 4 iG rid-flw,'~~!~`~q~.5~.4! ~~:Y~. 5 ,,'~ ~~i. 1{R1VIT has policies and procedures to provide reasonable assurance that all professional persannel maintain independence, integrity and objectivity, as required under professianal standards. Independence precludes relationships that may appear to impair objectivity in rendering attestation services. Integrity requires personnel to be honest and candid within constraints of client confidentiality. Sezvice and the public trust should not be subordinated to personnel gala and advantage. Objectivity is a state of mind and a quality that leads value to a frr~n's services. The principle of objectivity imposes flee abligatian to be impartial, intellectually hanest, and fine of conflicts. of interest. The Firm's policy is that all professional personnel must be, and appear to be, independetrt in attitude, in conduct of the work performed, and in relationships with clients, wl~e-a required. All professional persannel shall follow the applicable rules and ~segula#ians of the AICPA Cade of Professional Conduct, the relevant State Boards of Accountancy, and other regulatory agencies relating to independence. The philosophy of the Firm provides the framework for our duality contra] policies and procedures. ~~ ~~~ i~~ V .'n'd KIRI~K~,AN~, Ri~SS, MiJItPHY~. ~.TAPP A MH'1.•uA/h.wrid?.~ La:~lra ~rue~er .~~ock, ~P~, ~~'E, CFA, OVA Position: Shareholder Bdvcatian; Laura graduated from 5t. Petersburg .funior College and Florida State University with a Bachelor of Science in Accounting. She obtained her Certified Fraud Examiner (CFE} designation in 1994. Prafessioraal Certified Public Accoumant Certified Fraud Examiner Designations: Certified in Financial l?arensics Certified Yahuition Analyst Professional Laura. hgs over twenty ~ ve years of audit and accounting experience in public accounting, and Business including fraud and forensic services. She was an audit ParEuer with a regional accounting firm I~stary: where she was in charge of the Not-for-Profit Practice for the State of Florida. Slie was also the. pardner in charge of the Government Tampa Bay practice. She is a frequerrt lecturer on subjects including auditing and accounting and fisud related topics and was the guest speaker at the Florida Government Finance Ofl"tcers Association, 200'7 SchoaI of Government Finance Conference, the Florida School Finance Officer Association Conference, The Florida Association of School Business Officials Conference, the Florida Institute of Certified Public Accountants, Nat-for-Prat Conference amr~ng ethers. PrOfeSSIDna1 Laura iS a.member of the American Institute of Cued Public Accoumtants {AICPA), the and Business Florida Institute of Certified Public Accountants (FICPA}, the American Woman's Society of AffiIiatinns: Certified Pui}lic Accountants {AWSCPA} and the Association of Certified Fraud Examiners {ACFE). She served an the Board of Governors ofthe FICPA from 1994-1996 and is a past president of the FICPA -West Coast chapter, AWSCPA _ Tea Bay affiliate and the ACFE - TatnpaBay chapter. She is the immediate past presideut of St. Petersburg College Alumni Association. She currently serves as Chairperson ofthe Finance Council ofthe St. Petersburg Diocese and is a member of the Advisory Board of the University of South Florida St. Petersburg, College of Business Program or! Social Responsibility and Corporate Reporking and the St. Petersburg College Applied Ethics Institute. She is an active Rotaripm and is past president of the Clearwater East Club. Experience with American Lung~Assaciatinn of Gulfcaast Florida, Irtc. NFP and Belleau Country Club. Government Clients: Canterbury School of Florida Church of the Goad Shepherd, Inc. Cove Cay Country Club Daystar Life Center, Inv. i~ckerd Youth Alternative, inc: .lunior League Clearwater/l)unedld, HeadS#.art Child Development & Family Services, Inc. Homeless Emergency Project, Inc. The Greater Largo Library Foundation, Inc. f,upus Foundation of America Greater Florida Chapter, Inc. Narthside Baptist Church of St. Petersburg, Inc. Pinellas Crisis Pregnanc}+ Center, Inc, Shorecrest Preparatory School City of Clearwater City of Fart Myers City ofLargo Gity of Pinellas Par1c ruvenile Welfare Hoard Pinellas County Arts Council Sarasota County, Florida Sarasrna County :School Board School District Lee County School District Manatee County Schoo! District Pinellas County {~:~~ ~~ ~.~~ K[RKLAr1D, Russ, MU P~-iY°~~`~' TAI'P ~~n~reu ruu~~CArron.~r.~ , McMunwr,W.,,,,nm ~~r~a~~ 1. ~~~ir~~ .~or~e~, ~~'A Position: Education: Professional Designations: Professional and. Business History; Shareholder Chip received his Bachelor of Science in Accounting from FIorida State University. Certifed PpbIic Accountant Chip leas over thirty five years audit and accounting experience in public accounting. where his. focus has been on not for-profit and governmental clients. While witls I.PMG, he was the Partster in-Charge ofthe North Florida offices.forthe Public Sector clients. Professional Chip is a member of the American Institute of Certified Public Accoumants (AICPA), the and Business Florida Institute of Certified Public Accountants (FICPA), the Gpverrunent Finance Officers Affiliations: Association. (GFOA) and the Florida Government Officers Association (FGFOA). He was Cha',,,,,~„ of the FICPA Not-for Profit Gonferet-ce and served as a board member of the FiPCA West Coast Chapter. Experience with Not far-Profit and Government Entities: His community involvement includes - Bayfi'ont Hospital Founidatian -Board Member; Sturcoasters -Past Vice President and Treasurer; Kiwanis -Downtown 5t. Petersburg Club; Pinellas Education Foundation.-Past Board Member; First United Methodist Church; Tampa Bay Partnership -Past Board Member; Great F.xploratians -Past President and Treasurer, and current Treasurer of the Florida Network for Yomh and Family Service. Associated Marine Institutes CASA (Center Against Spouse Abuse) Catholic Diocese of St Petersburg City of Orlando City of St. Petersburg City of Tampa Collier Comity Community Foundation of Tampa Bay Eckerd College Episcopal Diocese of Southwest Florida Family Resources Florida Aquarium Florida's Blood Centers Florida Education Fund Hernando County Hospice of the Florida Suncoast Lee County Lutheran Ministries of Florida Metropolitan Ministries Pasco County Pinellas County. Pinellas Gounty Educational Foundation Pinellas Suncoast Transit Authority Prevent Blindness Florida Saint Leo University Shriners Hospitals far Children Imperial Council AAONMS Take Stock in Children Tampa Historic Streetcar Tampa Bay Chapter American Red Cross Tampa Bay Parttership Tampa Bsy Performing Arts Center WEDU WorltNet Pinellas, Inc. ~~~~ ~~o~~.~ KI IaAN~, RZ'~'S5, MUPt-IY~`~.TAPI' tER71FEh:17.P1[B.f~IC ACG'Ol:.YTA~ITS d !'ygFvM...fMwrau.. LAURA ~RUEGER BROCK, CPA, CFA, CFF, CVA ~lI' r . 1~~~Mr ~1~1 0 i ~ 2Ut)7 to pn~ - Kirklaad, BUSS, MiUphy 8~ Tapp, P.A., CPA's I998 #~ 21107 - (;her, $# $ Fla~nd, LZ.P., CPA's 1995 to 1998 - C~egorg, Shams & Stmt P.A., CPA~S 1.978 to 1.995 - ~, VawScoilc & Company, L.L.P. CPA's $achel~ of Science with a major ~ Acco~ Florida Stye University Associatcs of .Arts deg~+ee, Sk Petersburg Junior College tecl Pt~blio Acmt in F~arida Cemfiied in Financial F Certified FiaUd Examinea~ C~ Valuatiaa Analyst Sl~eholdex in of Limon SupportlFare~ic Accouming Practice ~avi#h Kirkland, Russ, Murphy & Tapp, P.A. located im Tampa B~-, Florida. Laura hag over #avem~ty five years audit and ~ ~ in public auccauatmg. 4btaiaed the desigUaticar of Certified Fraud F~tamin~er (CFE) in 1994. E~ience as a CFB inclmdes ~t Fraud, employee ~ cash frauds, cheek far~ry, payrnll fim~clS, altered. dock soh as beak statements, canceled checks, falsified reswmes, and E~~fi tax r~rns cad is a :CxegtUmt lscterer wa. sabjecrs i~a~ludiaag aU~kting and accouu~ and fraud related topics. . hest lectured at sev~l cif ~ Aug, A~a~g and Fraud in .pica iUCIudm~ O "FODBagiC ACQOtI~~I l~&4S Valt~ti0®S10 - Uni~ity ofTampa, Beta Alpha Poi, fiber 1, 2{itlti - University of Florida.- Tampa, Be#a Alpha. Psi, S 24~, 2UEi8 - Uaivt'.y of Souk Florida-- St. P~ Beta Alpha Psi, September 4, 2008 `~'rnncl and lu#srnal Caamrols" - Arnericaa P'aymll ASStlciation - Tampa. Chapbes, AToveanber X008 - Florida ~ of CF'A's -Fl~ida {gulf Coast Umvmsitl- A~ccou~g and Tax Caney Qcbabe~rr 20U8 - Fowlear WlutelStmTrust CPE Fob Animal CPS F~ae, Niay 2f?{!8 ~ ~` Ftl~ics m Acca~tiag sud Fratxl ~" - St. Fetersbmrg Coiled Applied Class,March 2t1Qs « `~ntemal Co®imislFrea~d - Florida Govt Fite Qf~c~as Assaciatioa, 2007 School of Ca~vt Fence, - Palm Beach t~dens, Fly Nrn~ber 2tiQ7 r `Fraud Updaba for ~e CPA Fnclnstry" Florida.Instrtute of CPA's -CPA in ~' ~, ~, 2007 • "Fo~ensiac Acxoun~g - The E~sion afPvs Fraud Detaection" Flsnida Goverm~t C)f~tc~.A~ogatiton-~boraagh t~apter, May 2008 Instit~ ofInternaf Andes, Flow. West Ccrost Chapter, Fraud ~, F-, 2117 icirkr~, Russ, Murphy ~ Tapp, P,A.13~77 Fea#her saur~d Drive, suii~e 40o aeorWc~er 1=1.337b~ -727-57'~-I40Q 1 LAiTRA IetiRUEGER SROCK (ogntinaed) SE11~1~~&SAND ~~ffiVTATION.~ ~t JO_ver~s ~?o. "Fmdiug Fraud: What To Do Next`?" • Loanaa Educadorral Services Teleoo~ Jan~ry 2007 a ~~~~ - Florida Instltube of CPA's - Uni~sity ol'So~ Flarlde Acooum~g Con once, Clctaber 2006 ~ "Fraaxd and ~ Sarbancs-4xley Act-Iimphca#ians f~No~~ Pmfi~s" - Flc~ida Associate. of M~ - 200b Aaanal ~, ~r 2006 s `~'iaancial S~emmnent won f~ Nod far-Fi+afit $ua~ds" - Cherry, Beier ~ HalTand -N'ot fay P Day MBA" ~em~, ~'~y 2006 - L,cmn~ Ed~ticcna Services - Tam FL, duly 200b • "~mOxleyAc~-Implic~rosf~Nat~r-Profit"' - Florida Ammon of Mnse~s ~ 2005 Auto ~, Sep~eamber 2005 • `~nd~dence Imo' - Floaada Sc~c~al Finance Q Association Fall C'.ao£e~nce-Orlando FLT Nov~anber 2005 - Flarirla Instrfute of CPA's -- ^nivea~sity of South Fla~3a. Accouat~g Ca~o~ C~o3rer 2045 a `~~d and the CFE from a CPA PesspecEive" - Uuivendty of 5a~h Florid- Tames, Computes A~iabed Fraud Flan Cl~sa, Nat-ember 2406 - Uaa~versitp o~ SouBr Florida- St Pet~s~rg, MBA Fraud & Faa~siC Cl~, Qctober 2046 - Uaiversity of Florida, And Cam, O~ober 2006 - Beta Alpha Psi U~ of SouthFlcmda - Tam, Uc~ober 2006 - Univeasity of South Florida - St. Pew MBA Aaoou~ing Cam, March 2004 - Uruvarsixy of Scroth Florida - St. ~, g I Cam, Uctober 2404 • "Franca and Tr~e~al Corurcils" - Unrversity a~ Souk Florida Accammmg Circler CPE, May 2004 • `~rmad - A G~ I'erapective" - The FioridaAuditForu~n, F~r2004 - The Flo~da Cerural G~pbm' of the Mute oflntesnal. At~dibors, April 20(?4 a "Fraud anc1. the Formic .A'~ - Florida Asso~o~ ol` School Business Ctffiicis~s - 38°i Armaai Ca~nfee~.ce, January 2044 • "Fraud Red cgs m a Gove~mer~l Sector" Florida Gov'eammeut Offieem Associadan - F~oad ~ December 2003 s ~" - Florida Institate of CFA's -Siunmer CI~er CPE, J~ 20(18 - Flar~a TnstiYufe of CPA's ~- Simmer CIS CP'E, Jul~-2444 - Cherry, Befit L~ Holla~-Nash Car+olioa Covectnnmrt Cam llecember 2003 - Uriiversi#y of South Florida--MBA A,ceawaeting CUSS, Nover~cr 2003 • "Fore Aug Iague~' • - Florida Tnstitc~e of CPA's - Suu~eoast Chapter, Nor 2043 • ttSAS 99- Coarsidemt'~ o~Fxaud im a Financial. Statenae~+tAudit" - Florida Scb~aol Fierce Of~xcers Arm C.ar~ur Novesnher ?.003 ~ "Fiuanciai. Stateiment Fraard. and F~loyce Theis" - Florida a a~CPA's- Scmmerr CPE, Angost2003 • `Tam-Fiaenccal Sit Fraud. ~ Ca~trol~" _ ~-- of Gam, MBA Accowu~g Class, June 2003 Kirkland, Russf M~hY & Tapp, P.A. #3x77 Feather Soc~rxt t)riue, Suite 40Q Clearwater Fl.. 33762 -727-57'Z-1~ 2 LAIT~A KR~JEGIIt BR[~I~ (~onti~.ed) SE~INA~SAIIDP~ATIQNS' (I~I@ ssaeas~n~ ~ "FraBd ABdrt and Tec~~" - FSarida. of CPA's--CPA's in Tndu~y P~ M~ch2QQ3 `mss Pmfiassian's Needs far Fred Anng" - The U~ty of South Florida -Beta Alma Psi 3l'~A~al FaII Accra ~ Noven;ber 2042 ~ `b'rand Det~ectxon - T~ acrd Techaic~es foa~ the Praditia~ or CFO" - Florida TastitErte o~CPA's - O~Coast Chaptr~r, Dd~oher 2002 • `~~i~€s taone - Whec~e i$ ~s,~M~ c~aey"1°('~~~ ^~ ,, ~c~' yam. /~(~~ - ~ Association [71. ~'^"-^' '~ ~ Ll4y ~f j~L! L'l7GL 2VifIL ~ 'R,od Flags a~Franrl"' - Fx+eedam Bank of America, St. Pig FL Apn~, 2008 - St. L~ UnivecsitY, Acg Stmt man, Navc~m~r 2042 - Cherry, Be3ca~t & Hollamd -Ncrt-l~~ "One Day MBA" SemmaE', Naveml~er 2402 - Florida Assora~an of SrRhool Business Officials 36~ Annual Ccc, ~a~ary 2442 - Fl~da ~ of Q'A's - Tallahaa~ee Chapts~, March 2442 - Florida. Instittube cyf CPA's - C~£Coaet Cl7apbor, 3~a'nuarsr 2001 ~ ~ Aocrnmtizt$ Ca~Iti'O~.S "~P,~~~~ ~[1 i~~~~IF e,y~/~ - ~~Finan~i #1.1lLVTel3 ~ ~17V{xL,li ~~ ~ 2t~} • "Frond - Signs $ Sohrt~s" - west Ce~m~l Florida Area Clerlts 8t Fiz~an,ca off cars A~acia~, ne~~ ~ • ~P Ben,~#Forum -A~t Tss~s ~ Rslabad Fir~dAwares" - Clu~lo~, Narih Caz+ali~na, Novena~r 1999 * "Fraud Pre~rentian and Detection" - Florrida Insiii~ of CPA's - Comm ~t R,eahy Associatinz~s Cow, Jtme 1999 ~ "Fraud Detection" - Florida Yn~iute of CPA's - ~ Regcona[ Accounfimg S~-, Jug 2001 - Florida Institxtbe o~CPA's - Summer Confe~ce, Attest 1.998 ~ `~oreasic Anditin~;' - FloridaAssociation c~Sal~ool Business OfBeials, February 7.001 "Forte ~" - University old Satttlt Floerlda.-Cow of Prafessiso®al Aug Spear Tampa FL Ate, 2408 - StmTrnsrlFawl~ While T .Atmnai GPE B~S,1V~y 28Q'! - Flarlda. ~ of CPA's - Crul.~Coast ~, Sepbem~ 24QG - Florida ~ of CPA's -Florida AccounfiQg and Business Expcy rum 2006 - S~TrustlFa~wl~er Write Eighfli Annnal CPE F~marvaganz~, 3~me 2442 - SvalYasdFawler White Sevearth. Atm~tal CPE F~ravag~n~, May 20{f 1. - Tennessee Soaety a~CPA's - Aamual ~e Gmva~ation, ~e 2000 - Fl~idaInsti#nte ofCPA's.-fnde~slryG.oce, Mardi240I1 - F1~ida F~ of CPA's -Unive~fy ofSot~Florida Ac,g Con#'e~nce, Sepbe~ber 1999 - SttttTrn.~IFowler White Fifth Anm:al CPB F~ava,~, May 1999 Admi#ed as ~ wiiuess h3' 3udge Thomas Penick, fir. in Pinellas County, FL - 1997 irrittancl, Russ, Memishy ~ Tapp, P.A. 3:35'!7 FsorFher Sound Drive, 5uife 4~1 Clearwater fl.. 337b2 - TZ7-572-3~ 3 LAURA K~UEGER CROCK (~~~3 Of Certifiers Public Accoutr~ts Florida. Tnsf~6e of Certifiied Pablic Aocorunta~ Membrx ofthe $oard ofGo`rernors - I9~-1996 Acc~~ng Csreeas and School Outreach Task Fake -2003 2004, 20Q6 ~aluati~a & Lit~tion Services Sean Std ancfi Loc~1 ~ Sedia~n, past member Cammitboe for N'at for-Pm~rt A~ C,a~e 1.997 200, G~agpeason.1999 Floaida ~rstitut+e c~Certified Public A~ - caartimned Committee oa Qcalrty Review Technical Resolertion. West Coast ~ - Presidsat-1994 (aver 1504 memt~rs? Past'Vice ~ Shy ark T~ Ascot of C~ Fraud Fx~in~ Tam Bay Cher President -1935, Past Sc~rlarship Cammitbee Chair, Treasru~ -1999 - torrent Am~icaac Wvnoan.'s Satiety of C Public Act Tampa ~Y .Area Aire President -1991, Past Vie Paresd~ Sera~at~ quad. 't~ssia~er Charter Member 1954 National ~ Carmmittee Member 2998 Advisory Beard 11~nber - Univemity of South Fiarida St. Pet~brnrg, College of Husine~ P an Social R~ansr'bility ead Casporade Rig, 20Q3 - Cwt Advisory BaardMember - St. Pe#e~burg Collie - Applied Eihncs ~ 2005 - { r ,r, r ~ ~ r.~. Arcbdiac~se a~'MiamilDiatxse of V~ of ~ Peir~sburg Peasia~ Play Biaard of Trustees,1993 - G Emmaus Fourtdatian,Inc. - Ctmrenrt Trustee St Petersb~erg College AluYmni Association 1999 ~-- 2048, mediate Past President St. Ps~sb~sg Catholic Diocese - Fi~c'e C'I I993 - Ciareat [~persan Rot~y Club of A+earwatm East--M,e®ber siace 1991-PastPr# Debe Club of Qoarwater, mac. 2f5?'7 - Currauat Treasm~r St. Pe~rsbm~ Catholic ~ Schooi - Finance Committee,24ti1- 2448 Past ChaapeFSOa~ Rnimy District fi950 - Treasurer I996-1398 Delta. T~ha CleatwsterAhm~nae -Past Pmsudemrt Cleatwabe~r Alemanae Panhel~ic - Pam President Cl~ Xuuiar Womau's Chib - Past President SPIrC Y~ Committee-Campaign Treasu~r,1995 AN~A>~DS Who's Who is the South and Southwest Selected ClearwaterPanhelleadc Ac~ieve~m+ent Awsrrs Fi~list S#. Pe~ersbt~rg Area, Chamber of Ccmmaerce - 2404 Women of Dislanctian Award - Wam~ of the Yeer Kirkl~d, Russ,111kur~hy do Tapp, P.A. i3a7i Feafher 5aund brivc, Suite 40Q G~eQrw~ater ~. 33762 -727`-~57'Z-l4t~ $ ~~ar~~ I~lission~af~c~s - _._ Nisi c~r~ Tt) be rrt:~~~li~r~# a4 the nx)st rG#i7ble })ma=idcr nFclttality acrotkntit7l; and Itrianriat srrvices ill tFtrT~nEpa 13:~}~ ama. Misszo~l At KI~MT, eve srrE: to I)rnuidc n}lpt)rtl.u7ity For all in an rnvirnnntrnt. t171t vi[ttes a halanct of pc>rsctt)aI and prciE-esic~nal ncccfs whip c~elivcrin~ ctlt our colncnittilrrtt to pimvic#e mliablc, gttaIity sccnutttit)~; artc# tlllal7Cta# 5CF'S~i(•t.X. lslte~t'ic~° tt)11]1171ta:ln~ TC) [i14 "`ltardca- ri~Elt"...An Ltl7C()177p1't)TriIiIET~ C(1I71tilt[17]l`II[ tF1 C{U WEtr~t li 1`Ityl1[. l~~'~t:1~11Ittti' Doing what yotk say.,. An ernrotnpt'eltttisin~ eal7ttninnrt7t to t#elivrr duality services in a ttnuner rs)nsiytrnt ~~rith ~sta171ichrd c~pccntrions. Lit~tvle' L~:t~.1t1Cc Liui7t~; #l~t... At) LlllC:t)FZ)~rfl177141Et~ CC)E17rltlri]]tttt r0 I)7a1E7t:lin 3 hra#tlly pt'rtipectivC: alaostt #ifr and ~vclrl:. ~1 c;-tt t t~-ti r~: !'ravidin~ nlapartunity for all tE1t7~tt~E}'#7 Drat coilec•rive ef~arrs...AtE uttcanlprotitisin~ ciynsruitntenr to },rc)ciutins; u-.llue tvitl)rntt rel;ard fOF lndtvtdtk:ii «~:ttttc, [:ctaltinlE~nti Iu7F7rc7vCtttef~C 5trivinE; to !3c ><lettcr.._An unernnpml77isint; co77tntitlncrl[ to n higl7rr level of prstorrnancr rack and cv>°ry day. ]^irt.inc'i:s~ ~:~StEfts Eklstrrill~ tnnlorro~v's apporttEnitics thrau~h t~c)rlay'+ resu}t".:.. Art ttrECClanpresntisirig romtnirirtrstt [a psY)vitEr appt)rtunit~= LhIY)ttgh a~•rnw[#t alld finaikcial SuGCCSS_ ~:~~~.;.,;.:w Y ^^ »~` KII~LAN~, , R~JSS~ Mu H_ Y~~:~4~.TAPP CCRTIFICD PUBl.iCACCC)[1N7ANTS A F.wJEssiaxd.tcmrwrrhni Statem.e~t of Qua~if~cations to Provide Consulting Services. Jaz~uazy 1 G, 2(}D9 •~_~sx:~~s~.~r ~~~:. ~~ ^r K~ ~~v,._ RUSE; .[V1U _ HY~~..ar~YdTAPP CERT'tFlED PUBLIC ACCDUNTAN'i'S A Prrifesrlnnal AcrncinrG~n ~ECRMT.Lidr,~'don.fnsa~t7,$08Ca44_11 tf171(F8 3!27:53 PM •'f- {ProcessElE~fc)~'a) i{irkland,ituss,Murphy &Tapp„P.A: (iQtM'I'~ pravrdes an extartaipe zange of Litigation $ugpart Services m our t3eents and legal prafessian- als: Our [.itigadon 5upport/Porerssic f4coowrting Prattitc pnrf~ianals provide valnahla ins>glrc and experience in licption, alternative depute resolution„ business vaL3adon, forensic invesG~gation and fraud awareness. Our participation in the BDQ Seidman Alliance enhances our ability m grwide timely responses w corrrglex industry matters of technical issues. I,I~'ICA"FIC~PF ~i:TPPUR{' Liti~tion and business negotiations commonly irnn5lve complex accounting, tax and financial issues that requite specialized knowledge. Our professionals assist in the development of the case fiarn a financial and strategic perspective. We gather and organize relevant data, perfpxtn research, and prepare schedules and seporn suppnreing our findings. As consultants and expert witnesses,. iLlt]1riT pr+acides quality advice and assistance, with complete confidentiality, to offer insight and answer difliarlE questions. A number of our Shareholders Stare pxo- vided testimony an damage claims, accounting practices, industry is- sues, valuations,.tax, fraud and other litigation matters. 'ProoFescional services inc{ude: FxpertWttne~ andTestimony ~° Business~aluations Tax implications "Estate and Gift ~~ Business Ownership Disputes Tax Matters Breach of Contractual ~ Contact Disputes Obligations I3arrragec and l.pst 1'mfrts '~ Ivlatiral Disputes `~ Gomplex Litigation FOf~NSIU 1'1CCETUk~1 f INS Wrch fraud acrd ~+htte-eo~lar crime reaching epidemic proporrioru, it is critical Far businesses to 6e preparecl. Forensic Accountanrs uo7ize specialized accaunring skills to conduct investigatinnc into the actual ~- KI L,A~T~; _RUSS, MU~PHY ~~-, ...TA P~' C.ERTIFffiD pUBI.iC ACCOUNTANTS •14, PrOftSriOrlp(.~.S80CjRrjprr earnings and income stream nfindividuals and businesses_ Whether is is helping our clients or legal professionals assess suspected fraud, or providing proactive services in the Fraud protection and xetavery of assets areas, we.are hen co help_ Our proFessionals use atcounr- ing, auditing, and other investigative methods including Computer Assisted Audit Tools (CAATs) such as Microsoft Offite and IDL•A ra assist with this work. This experience provides the ski]l set to pr:iforra the analytitai ptticedutrs necessary to reveal discrepancies.. altered documents or improper transfer of assets and to assist with the review of internal central; and identification of fraud risks. Professional services irtcltrde: Expert Witnessand'Te~;timony Financial Statement proud Forensic lnvesti~ttions 'Kickback Schemes • Financial Artalys"ss Fraud Risk Assessment Emp[ayee Theft/ Fraud P>•eveation Controls Embeaslement Whisde-Blowing Misappropriarian of Fonds 5traregies and Polities A $>izc~An SrEL'Ttzvn~ OF TaCI3NZC~~ ~FtUFIClIrt+ICiES Our professionals have experience in litigation services, foren- sic accrormting, business valuations, auditing and fraud irrvrstigations. This range of experience translates into an in-drpth familiarity with a variety ofconcu}ting servicCS. pux Litigation SupportlEurrnsic Ac- counturg Practice professionals have advanced degrees ar designa- tions including Certified Public Accountant (CPA), Certified Fraud Examiner (CTS), CertifrcdValuation Analyst (CVA), and Accredited in BusiaessValuation {ABA. I'l~nsa cur-tnct ~trrrtr Kruc~cv I3rvrf«; the ]'Cl2rV1T Sytgre}rsilrfer in ciinrge of Dili Liti~rutinu SrrPlrortlFprrnsir.-lcrarrrrii~~* Prncfire.,(or nrtrTitiorrral irafarrrratinrr. A5SL7RAiNCE TAX 13LlfiIi~IESS Vt1.L,U.~TIt]IV :• I:.ITICxATtON SUl'}'t3TtT 13577 Feather SocEnd Drive, Suite 40Q, Clearwater, FL 33762 ; 7z7- ~~~-14Qp l $a3-87g-a~.0o ~ KRl1lTCFA.com .~ ^. ~~ S~ ra; KIII~~I~L~N~; RL~SS, .~1~URPHY ~~;~:.: ~~. TAPP CERTIFIED ~'ElSLEC ACC~[.fh'[;4NTS h Plwjeasinusl rLsstu&t7itnr 3`~-~mx A ~_ ~I i ANA, BUSS, M[I~PHY°_~. =TAPri C'EAl7flED A7JgLIC 11000ilI+7TANTF em,~,~.,~.ea..a~x,~ 2. Usher L. Brown BRCJWN, G.ARGA.NESE, WF.ISS & D'AGRESTA, P.A. AtzbrHeyr at I~ Debra S. 8mbt~-IVutche~ Joeeph E_ BTilch Usher L Brown• Staanne D'Agresta" Anthony A. Gargariese° WiiGam E. Relschmann, Jr. J.W. Taylor Jet~rey S. Weiss 'Board Car$6ed Glvil 7r(el Lawyer °Board CertlSed City. cpunry 8 Lava! Gavemmant Law 'Board Car#l6ad appellate PrecdCe Leonard A. Carson, Esq. Gerson & Adkins 298 Welling#on Circle, North Suite 200 Tallahassee, FL 32308 (3EGccs in QrJando, Kissimmee, Cocoa, Tara i.. Barrett F"t. Lauciexciale & Tampa Unrian P. Cacotes Scott J. Dornstein Rchin L3ibaon Drags Christopher N. Hunt Katherirte W. Latorre° Terri E prEer Riettard W. Withers January ~ 9, 2008 Gary l~ii. Glassman Erin J. O'Leary' Amy J. Pitad~ Catherine b. Reischmann" Of. COUnsg1 ~a small: C on-a i slaw co 8 regular U.S, Mai! Re: Statement of Qualifications and interest Dear Mr. Carson: You have requested that i provide a statement of my inrterest in being retained by one ofi your municipal clients for a special project. You generally-described the scope of the engagement to include a review of the City's policies, procedures and ordinances tha# regulate the procurement of financial and consulting services for the issuance of municipal bends. The scope also includes an investigation of the past practices ofi the Gi#y and its agents and employees in the procurement ofit"rnancial and consulting services fiorthe City's bond issues. This will include the preparation ofa reportof myfindings regarding the City's compliance with local, state and federal laws regulating such activities. This will include recvmmenda#ionstor improvement in these areas of procurement. My firm is willing and capable tv pertarm this. assignment, and we appreciate your consideration ofi us for this important work. Enclosed is my resume as the lead counsel from the frm for this engagement. Brawn, Garganese is well experienced in representing Local government, and we regularly represent cities, counties, school districts and o#her 11 i N. Orange Ave, Suits 200 ~ PA. Box 2873.Orlando, Ftorida 328Q2-28.73 Orlando {407} 425-958fi Fax (407} 425.9b98 ~ Kissimmee (321} a02-0744 ~ Cocoa (868} 42s-9588 • FL Lauderdal8 (85Ri] B7f1-1978 Website; www.orlsndoiaw.net ~ l=matL• Rrrn~orlandolaw.nsf ,lanuary '#S, 209 Page 2 focal government officials an a wide variety of matters, including interne! audit, procurementand investiga#ory matters. M~ifirm regularly represents municipalities, school hoards and special districts in the issuance of bonds and certificates of participation, and is familiarwith the .legal requirements in connection with public finance. Mare information regarding my law fim~ is available on our website at www.or[andolaw.net. In addition to the information on our website and In my resume, I wan# to give you examples of specific relevant experience. The ~rrn regularly represents local government, including municipalities, in Investigating allegations of violations of law against government officials and political subdivisions. The arm has investigated allegations of carrup#on and malfeasance in the administration of a municipal public works department, 1 have represen#ed the internal auditor at Citizens Property insurance Corporation in connection with several internal audit and personnel investigation matters, f am currently represen#ing a municipality in an Internal audi# and investigation of a community development district farmed by the municipality, and f have successfiully completed the investigation of personnel, f'inancia! and audit issues vn behalf of severe! school districts and municipalities. The firm and I enjoy a reputation forthoroughness and confdentiality. We will be sensitive to these issues, and will perform a thorough and honest investigation that will determine all material facts. Our report will be fair and the process transparent, and we will treat ail stakeholders with due and appropriate consideration, Please let me know if you have any further questions for me or if I may be of any other assistance. We are very pleased to be considered for this engagement It is my understandmg that your first review will focus on qualifications. If we are selected or ranked as qualified to handle this work, then we will negatla#e mutt,tally agreeable financial terms far the engagement. We anticipate proposing a reduced govemmsntal hourly rate, but we are also willing to consider alternative billing arrangements. I look forward to hearing from you regarding this engagement at your first opportunity. Sin rely, _ _. _ . . ~~~ !' f 3 i~, ~~ Us er L. Brown ULB:tIa G_[Qacs1Clty of Qelray Beachloorrespandancelltf:carson reinterest of bgwd.wpd USHER L. (LAIRRY} BROWN PRt3FESS10NAL EXPERIENCE: 198a University of Florida College of Law, Juris Doctorate 1985 -present Brawn, Garganese, Weiss & D'Agresta, P.A., Orlando, Fbrida Founding Shareholder BAR MEMBERSHIP: Member of the Florida Bar; U.S. District Courts (Middle, Northern and Southern Districts of Fiorida); Eleventh Circuit Court of Appeals; U.S. Supreme Court; U.S. Court of Claims. AWARDS AND PRQ~ SSI4NAL SERVICE Board Certified by The Florida Bar in Civi! Trial Law; AV rated; "Super Lawyer` (Awarded by Florida Super Lawyers, published by Law & Politics); "Best of the Bar` (Awarded by the Orlando Business Journal); °Best Lawyers in America" in areas of Education Law and Murtici~ai Law; Recognized by "Orlando Magazine" as one of the "Best Lawyers in Orlando"; Fellowship, Litigation Counsel vi• America, Trial Lawyer Honorary Society; Current Bar Service: Chair, Florida Bar's Standing Committee on Education Law. SE ECTED R P T D C1510NS INV LVING COVE MENT LA : Simon v. Celebration Co., et al. (including Stetson University, Harvard University, Johns Hopkins University, Valencia Community Caflege and the School Board of Osceola County), 883 So. 2d 826 (Fla. 5~' DCA 2004); Jane Parenf ex rel. ,lohn Studen# v. Osceola County School Board, 59 F.Supp. 2d '1243 (M. D. F1a.1999); Cox v. School Board, fi69 So. 2d 353 {Fla. 5'~ DCA 1988); 5clzool Board of Pinellas Counfy v. Bateau, 449 So. 2d 839 (Fla. 'l $' DCA'! 984}; Rvwe v. City of Cocoa, 358 F.3d 800 (11'~ Cir. 2004}, Koxiara v. Cr#y ofCasselberry, 347 F.Supp. 2d '1233 (M.D. Fia. 2003); CIUb Goddess v. City ofPalrn Bay, 19 Fed.Appx. 839, 2006 WL 2051370 (11~' Cir. 2006); !n Re: Smith, 926 F. 2d 1027 {11~' Cir. 1991); Seminole Enfertainrnent; lnc. v. City of Casselberry, 866 So. 2d "f 242 (Fla. 5"' DCA 2104); Seminole Entertainment, lnc. v. City of Casselbeny, 813 So. 2d '# 86 (Fia. 5~` DCA 2002), .rev. den. 835 So. 2d 269, cart. den.., '123 S.Ct. 2278; Fuflwood v. Osceola County Investigative Bureau, 672 So. 2d 814 (Fla 5t" DCA 1996); 1Vlurrvw v. Osceola County, 679 So. 2d 883 (Fla. 5~' DCA 1898}; Orange County, et a[. v. Expedia, st ai., 98a Sv. 2d 622 {Fla. 5°i DCA 2008). REPRE ENT TIVE LOCAL GOVER MENT C ! NT School Boards of Osceola and Indian River Counties, Special Counsel to Sumter and Marion School Districts; Cities of: Cocoa, Dentin, Paim Bay, Casselberry, Sf. Claud, Lake Mary; Orange County, St. Johns Counfy; Palm Beach County Tax Collector, Sf. Lucie CaUnty Tax Gollector Celebration Poin#e CDD {S#. Lucie County}, Anfhem Park CDD {Osceola County}, Concorde Estate CDD (Osceola County), ar~d Stevens Plantation CDD (Osceola County}. REFERENCES Tam Drage, Esq. Orange County Attorney Orange County Attorney's Offce 201 South Rosalind Avenue, 3`~ Floor Orlando, Flarida 32801 Dr. Harry J. La Gava Superintendent School District of Indian River Gounty 1990 2~~' St. Vero Beach, FL 32980 Ed Marko, Esq. Genera{ Counsel School Board of Froward County 800 SE 3`~ Ave., Floor 11 Ft. Lauderdale, FL 33301 Honorable Donna Hart. Mayor, City of St. Cloud 1300 9`" St. St. Cloud, FL 34169 1J~.6/2OO9 Brown, Garganese, Weiss & ©'Agt esta,... tioTnn ::' ./1#iAF~t flur Firm {?Y~r At4(rrn~ye " PracY~GZS _Are~s .tt~w.4 ~ FVr~ntx {'ar~u,rs Cn~1:~rt E12 :rye's Usher L.~Larry~ Brown Shareholder `:. -''".~~ Ushsr L (Larry) Brow n Is the founding sharehakter of Brown, Garganese, Yyeiss 8 D'Agrasta, P.A. Fie is certified by. The Fk3rkla Bar as a specialist ~ CivB Tr1al Law .and has signlF"icant experience in 6 ansBCtiona! ancf litigappn matters irrvahring canst>7uUana[ law . governmarrt Id'y , constructfart, carrmerciai transaollana, in~te regufat'oon ~ adr~nislrative taw. Fie is toe recipient of the h~hest rating (AV) given by EAarfindate-Hubbell for Iergal abNty and etttlcs. ArY. Brawn is recognized as one of the tap ~w yers ~ education !aw and municipal law by Best Lau~nprs in America, Orfanda Magazine and Odarxfo Business Jouniaf, and as a F7orlda Super Law yer by Lawand Pofrtfcs. Contact: ibrownCrporEandafaw.rret tJlr, Brow n currently serves as the Chartrran of the 6ducafton Law Comn@tee of The Florida Bar, and currently serves as school hoard attorney far the School Boards of Osceola County and kEdlen t3hrar (PraCtIC£ Areas: County. tie also serves as special counsel far other school hoards, crties, counties and ether government a#ffces throughout Florida. Luca! Caavernmeni Law ; iusiness ~. &ow n >s admflted to practice n Flar~a slate and federal courts. l-te is admdted in Ttte Florida Bar, Law; CArrptax Lldga#ian, tnC~ding and the Bars of the. tJirited States t~istrict Ccurf far the Ntddla District of Florida, the United States strict Ard&rust and Trade I~gulation; Court far the Southern District of Florida, the U.S. t;cxut of Appeals far the E7aventh Circuit, the Supreme t3ankruptcy; Contract l~gadon; Court of the United States and the United States t~aprls Gaurt. Ha earned his law degree from the Construction Litigation; t~ucation University of Florida in #t380, and received ttls Bachetpr's degree from the lfinrersity of Central l=lorida. Law Hack kr Aitc~neys Board Cerkifications: Certified tsy The Florida Bar in Civtl Teal Law. Cert1L'•ied lawyers in chit trial law deal w Rh litigatbn of civil eontraversias In all areas of substantive ~w before shale and federal courts, adrrlnistrative agencies and arbitrators. h add'd"pan to actual pre6-fel and trial process, civiE trial taw includes evaluat€ng, ltandBng.and r~esalving civ- disagreements prior to the initiation of a law auR. Horrors and Awards: -Florida Super Lawyers 2008 -"fhe l3est [.awyers h Amar(ca 2007,2008, 2009 - Inducted into the Lfhgation Counsel of America - Florida Suoar Lawver 2007 - t3acognized as Best ~:aw yer in Fducatian and Nt~nicipel Law by Orlando fl?agazine (20117) -_Ftoriida Super Law yer 2U08 - Orlando Business Journal Best of the Bar 2005 and 2006 - "AV" Rating Ely Martindale-Hubbell 14~~~': _ ' [.IexisNex~s' . MartfndeleyMeesbell' . Pew Reirr~w-~ { ~~ sareberei..aa..rruWt; •: Usher Larry i3rown ~/~6/20U9 Brow, Garganese, Weiss & D'Agresta,... CG~`1FlIIJ ]be Uiaiida fi~ir ~,: t f~rintatsje Famrat Please dlse6le your pap•~p 6loekers, arms & Canditio j Site Mea ~ i sion a Y sine I [lee ? Re er clsioi~s ' LI s. j Cepyr#ghti998-2007. Ail Rights Reserved. 3. Marianne F. Edmonds 47.5 CENTIFZA~ AVENUE, SUITE 201 ST. PETERSBURG, FE.QRIDA 33707 ~ TEL: (727) 822-3338 ~ F'AX: (727)-822-3502 PUBIrIC RE50URCES ADVISORY GROUP January ~ s, 2ao8 Leonard A. Carson Carson & Adkins 295$ Wellington Circle North, Suite 200 Tallahassee, FL 32309 Dear Mr. Carson.; Public Resources Advisory Group is pleased to have this opportunity. to present our crede~ials to you and the City of Delray $eaeh. I understand that you would Iilce to have a review of the City's existing process in connection with bond financing. This review should include a review of the City's policies and procedures, including pracuremen# procedures, and a review of the City's practice with regard to following these procedures, The engagement will also include making reconamcndatians in connection with-band finance policies and procedures. As evidenced by the attached information this team of professionals has extensive experience in pzoviding advisory services related to bond finance policies and procedures. This engagement would be staffed by our Florida office and would be managed by Marianne F. Edmonds, Senior Managing Director. Ms. Edmonds has been engaged in the practice of municipal fnance in Florida since 1982, Ms. Edmonds will be assisted. by Sonya 'Little, Managing Director and Philip Watson, .AssistantYice President, both experienced public finance professionals. DRAG does not have any existing b~iness contracts in Palm Beach County. Our ongoing contractual relationships in Florida include the State. of Florida Division of Band Finance, 1Viiarni--Dade County, the City of Tampa, the City of Orlando, Brnward County, and Pinellas Connty. I leave attached a description of PRAG's national practice, resumes of our Florida based staff and a summary of our Florida practice. We would welcome the opportunity to work with you and the City of Delray Beach in connection with bond finance policies and procedures. Please contact me {medmonds@pragny.com) or my colleague Sonya tittle slittle a .coin by email. or phone {727-822-3339} if yon need additional information. Division ofBand Finance artment of Children ~. Families C' of Jacksonville C' of Orlando Ci of Tam a Ci of Noll ood Roll ood Beach CRA l~illsborou h Co Miami-Dade Co 1inellas Coumi Brevard Coca Roos' Finance Autha .' Cla Co Housin Finance Autho ' Pa1lc Co Hausin Finance Authori Miami.Dade Coup Housin Finance Authari Sincerely, PUBLIC RESCOURES ADVISORY GROUP Marianne F. Edmonds Senior Managing Director Presentation of Qualifications To Serve as Financial Advisor ~~ -~~., ~, (tj ~ y}r'' _ ::;,w- Delray Beach, Florida ~ ~~ Public Resources Advieo rou PItAG is an independent financial advisory firm. The firm was founded in 1985 to provide in-depth support to state and local governments, authoxities and agencies. To accomplish this goal, we have assembled a staff of finance professionals from diverse backgrounds, including issuers, advisors, government financial professionals and underwriters of tax-exempt debt, who have the education, experience and conunitment to provide the highest quality assistance to clients. PRAG is also an independent Investment Adviser registered utadeir the Investment Adviser's Act of 1940. As evidenced liy the table to the left, PRAG has been one of the nation's top. three Financial Advisors every year oat of the past 10. PRAG utilizes a high concentration of senior personnel compared to our competitors. By having a high ratio of senior personnel within the Erin, clients are ensured that highly experienced personnel -are involved in the.day- to-day management of all. engagements, ensuring that the best possible service will be provided. One indicator of the level of service PR.AG provides is our client base. PRAG serves as financial advisor to some of the largest, most. sophisticated issuers in the country. Indeed, three of the largest issuers in the tax-exerrxpt markets with the most complex debt management programs are PRAG clients - the State of California, the City of New York and Los Angeles Gnunty. In addition to California the firm has assisted numerous ether states, including Florida, Georgia, Maryland, New York, North Carolina and West Virginia, in addition fo such municipal governments as Atlanta, Baltimore County, Broward County, District of Columbia, 7acksonville; Los Angeles, Miami-Dade County, Orlando, Phoenix, and Tampa. Another measure of quality is our ability to crsmplete complex engagements. As a result of our work on advance refundings, wastewater, transportation, public power, solid waste, tobacco and securitization projects, the firm has a national reputation for the successful completion of difficult financings.. These engagements require not only the ability to develop standard financing structures and docunnents, but also arf understanding of the underlying concepts and technologies. P1tAG personnel have extensive experience in designing and adapting computer models and software applications for such projects and in using this capability successfully to develop and implerr~en# financing programs. Our fun is siso known for its technical expertise in capital project development, .especially with respect to infrastructure needs. This expertise enables the frrn to evaluate any capital financing .proposal and to provide the analysis required to fnrnrtulate the roost irmovative and cast effective programs demanded by our clients. A third iniiication of qualifications. is our large number of repeat ertgagerr~ents, which indicate ongoing client satisfaction. PRAG personnel have provided fnancial advisory services to the Comptroller of the State of New York since 1982, the State of New Hampshire since 1983, Baltinr~ore County since 1981, tlae City of Los Angeles-since 1985, the City ofNew York since 1991 and the State of California since 199fl. Client retention over the longer term indicates appreciation of PRAG's analytical skills, credit experience, market knowledge and quantitative experience. -~_ ~ ~~~! Florida Exaerlerrce PRAG's public fr~ance professionals bring extensive experience irk- managing debt financing programs for Florida governments.! clients. Ms. Edmonds has more than 25 years of experience in the. State as a financial advisor and inrvestment banker, and is the Senior Managing Director of PRAG's St. Petersburg office. T&e team meml~rs for this engagement understarttd the legal and political nuances of i+lorida public finance. Sonya Little worked as an investment banker for 14 years before joining PRAG in January Z0~8 and Philip Watson has over six years of public finance investmen# banking and financial advisory experience. We believe our overall approach is unique among financial advisory firms. DRAG is fully comrrtitted to our clients at all times. As afull-service financial advisory firm, PRAG stands ready to provide all of the services listed in the Request for Prpposals. in addition, as a registered investmen# advisor in Florida, we are able to completely integrate our investment advisory knowledge and experience with our general financial advisory services to provide optimal financing solutions to our clients. Our professionals !rave worked with individuals across the state, in the government,. legal, public finance and investment communities. Miami Dade County Water and Sewer ~ Marianne Edmonds, Sonya Little, _ ~. d Philap Watson Water and Sewer City_of Hollywood Water and Sewer .. . _ . ~_ 'Sonya Little - r. _..... _ . City of Miami Beach Stanmvetcr :.. -. _.._ . _~Y_.... _ ~ Snn aLittle .._.. _.Y ... .._.... -. .. Ci of Orlando Wastewater :Marianne Edmonds Pinellas County Marianne Ldasonds, Sonya Little, and Philip Watson ._ City of Orlasuto State Sales Tax , . .V.. _ _.. ~ Marianne Edmonds Sales Tax _City of Tama State Sales Tax .._.... - ---~_._~.,.. _ Marianne Edmonds _ - _- - --.._. ..._ ..._ .... _.v,..... `..HomesteadMotorsportsComplex._._.,~ _, SonyaLitkle_ _.._ . ..... Miami Sports and Exhibition Authority Miami Arena ~ i Marianne Edmonds - ~~ ~ ~ - ~~Pinelias Sports Authority/City of St Petersburg- ~ " Tro icana Field ~ Mariatme Edmonds Tampa Sports Authority-Legends Field, Raymond `. James StadiumlSt. Fete Times Fnnim ;Marianne Edmonds Economic , G~ty of Orlando-Magic Arena . ;Marianne Edmonds Development ~ Hollywood Beach CItA .___ .._ -- ....._ _ ._ ......_.:....._ _ _ ._ .__..__.--~------~--- s Son a Little - .~-_ ~_Y .... _. ._... .... ty_ _.. ando CRA _ _._ Gi ofOrl. .. ...._.._..._..._. .._-..-._....~..~._...w_.. # Marianne Edmonds ....__..._.._._.._. ..... .. ....... ...__....,,.... Flornestead Economic Rebuildin d anlzation ti Son a Little Beach GRA City of Miami Sorya Little . .. City of West Palm Beach CIiA Philp Watson t . '. Hillsborough Industrial Development Authority- .,,. .. Not far Profit Entities ' Unir+ersity Community Hospital, Tampa General . Hospital, Moffitt CancerCenter - Mariapne Edmonds ...- - Miami Dade Housing-Ward Tower ~ ~ Marianne Edmonds Qrlando do Autho ' 'UVest Oaks Apartments ~ Marianne Edmonds Pubiic-Private Mardanne Edmonds, Sonya Little, Partnershi ~ Miami-Dads Co Transit azrdPhiti Watson -4- i ~ ~~~ Qur Florida team has developed its expertise through education and experience. Below are the resumes of the individuals who would be tasked with providing services to Delray Beach. Marianna F. Edmonds Senior Managing Director {72'1') $Z2-3339 medmonds[apragny.com Ms. Edmonds. joitred I?ublic Resources Advisory Group (DRAG) in 2005 with its acquisition of Marianne Edmonds, Inc. which was. founder[ in March 1997. She has worked as an investment banker and financial advisor to governmental issuers in Florida since 1982. During Ms. Edmond's twetrty-five years in Public Finance, she has developed and implemented financing plans for a variety of purposes: general goveraamental capital projecia, utility systems, resource recovery plants, refundings, equipment lease progrars, lease purchase programs, housing, and sports facilities, among others. These financings have been secured by ad valorem revenues, non_~ valorem revenues, system revenues, user fees, sales taxes, tourist taxes,. and covenants to budget and appropriate from legally available revenues. Ms. Edmonds' familiarity with Florida public finance law and practice is recognized by her peers and professional colleagues. She was financial advisor to .the State of Florida Division of Bond Finance in connection with the Department of Environmental Protection's Water .Pollution Control Bonds {State Revolving Fund). In addition, Ms, Edmonds has served as financial advisor for financings by the fol}owing clients: State of Fiorida~Division of Bond Finance, Deparmaent of Children and FarrriIies, Deparlmerrt of Corrections,. Miami Dade County, Hillsborough County, the tides of Tampa. and Orlando, and the Housing Finance Authorities of Miami-Dads County, Polk County, Clay County and Brevard County, She hag reviewed refunding proposals far the Department of Corrections, advised the Department of Children and Families on the development of the lease purchase documents far South Florida State Hospital and assisted the Department of Juvenile Justice 'tn their review ofvarious lease purchase .proposals. Ms. Edmonds earned a B.A. degree in .mathematics frarn Northwestern University and an M.B.A. with. specialization in public managerrrsnt and finance from The Wharton School of the University of Pennsylvania. She is a member of Leadership Florida, .Ms. Edmonds currently serves an the F.larida Prepaid College Board as the designee of Chief Financial 4f1•icer Alex Sink Sonya C. Little. Managing Director (727) 822-3339 slittleQa pragny.com Ms. Little joined PRAG in January 2008 as a Managing Director in the firm's St. Petersburg;, Florida office. Prior to joining PRAG, .she worked as an ixrvestxnent banker for a national investment banking firm for over l A~ .years. Prior to her career as an investment banker, Ms. Little was a Bond Development Specialist with the State of Florida Division of Bond Finance. Ms. Little has represented numerous municipalities as either fuaaneial advisor or underwriter for tax-exemEpt and taxable bond issues which include conventional fixed~rate, variable rate and derivative structures. She has been involved in finazrcings and refinancings for programs in the areas of water and sewer, solid waste, stormwater, surface transportation, utility, public education, ~rniversity system irraprovement, parking facilities, housing, tax-increment, general obligation, and various non-ad valorem transactions. Additionally, Ms. Little has represented several municipalities in obtaining conventional bank loans and loans- through pooled programs. She assisted nanny of leer clients in: developing debt management and swap policies and in successfully obtaining favorable ratings and bond insurance for existing and newly established credits. -5- ® ~arJl Ms. Little has served as the financial advisor to the City of Hollywood since February 2000 anal financial advisor to the Hollywood Beach CRA since November 2004. In 2003, Ms. Little assisted the City obtaining an "A2" rating by Moody's and an "A "rating by Fitch for its $.114,705,000 Water and Sewer Revenue Bands. Additionally, Ms. Little assisted the City in obtaining ratings of "A1" by Moody's and "A" by Fitch far $53,680,000 General Obligation Bonds issued in 20x5, the first time in several years that the City's general fund had been rated by nationally recognized rating agencies, She has advised the City an several occasions regarding their participation iti pool loan programs such as the Sunshine State Gawernmental Financing Commission. Ms. Little earned a B. S. in Business from the University of South Florida. She obtained an NASD Series 7 Registered Representatives License and Series 63 securities license while serving as an investrnent banker. Philip A. Watsoa Assistant Vice Presideat {7Z7) $Z2-3339 pwatsonQpragny.com Mr. Watson obtained a Bachelor of Arts degree in Economics from Washington & Lee University, where- he was a member of Omicron Delta Epsilon, the International Economics Honor Society. Immediately aver graduation he began his career in the public fi .Hance sector at a Florida based regional financial advisory firm. After working as a Financial Advisor for three years, Mr. Watson rraoved to a national underwriting to continue his public finance career. In the almost three years he spent working for abroker-dealer, 1VIr. Watson helped clients in Florida and across the Southeast with their bond underwriting, capital planning, swaps, and investments of proceeds. Recently, he returned to the Financial Advisory world with his involvement at 1?RAG. Mr. Watson's experience as both a Financial Advisor and underwriter give hitn a unique perspective on the business as compared to professionals who have only done one or the other. Additionally, his experience at both regional and national firms allows him to relate to a wide variety of clients across all levels of sophistication. Mr. Watson has experience with multiple types of credits and security structures including, but Hat lirtnited to General Obligations, Certifcates of Participation, sales tax, various revenue credits, QZAHs, and special assessments. H has worked on transactions far such varied- entities as cities, counties, school districts, port authorities, state level insurance and reinsurance companies, and Community Redevelopment Areas, He 'earned NASD .Series 52 and 63 security licenses and is a member of American Mersa, Ltd. -6- ~ ~~ References PRAG recognizes that the mast valuable recomrnandations our clients receive came from their peers. We urge you to contact any of ottr references listed below: ~. .~ Division of Band Finarree ..y_ City of Orlando City of Tampa Ben Watkins Director 1801 Hern»tage Blvd. P. O. Box 1330 Tallahassee, Fl.. 32317 Phone: 850-488-4782 Fax: 85.0-413-131 waflcinS ben~fs a.st2te.fl.tts Rebecxa W. Sutton. Chief Financial Officer 400 Sotitlt orange Avenue 4th Floor Orlando, FL 32802-4990 Phone: 407-248-2341 Fax: 407-24G-2747 cebeeca,SUtton(c~cityafifrtando.net Hortnie Wise Director of Revenue and Finance 3.46 East Jackson Street 8th Floor Tampa, FL 33602 Phone: $T3-274-8151 Fax: 813-274-8x27 Lsonnie.wise r.,~ai.tmnga.#l.us -7- 4. Robert R. Garner Rabet-t R. Garner In addition to zmy professional work expErience related to debt issuance and administration, my background as a CPA gives me a different perspective than the usual debt expert. X have also been an instructor for the Instihrte of Elected Municipal Officials (Il/MO} for four years, teaching governmental finance. I have clone a similar pro}ect in '~Vellin~ton, whexe I rewrote their debt policy that incorporated some of tbeir practices,. and also added some eontzols that maintained their double A rating. ROBERT R GARNER Government Consulting Service Company Worlt - (850) fi6$-47~ P.O. Box I2$76 E-~rtrail: govconQa earthlinlc.net Tallah~issee, Florida 32317 EDUCATION: Graduated: University of Central Florida, Orianda, .tune 197b with a BS in Business Administration. PROFESSIONAL C RTIFICATIONS: Certified Public Accountant, (FICA) License #13890 Certified Management Accountant, Certificate #3581 Certified Government Finance Officer (Florida), #9 PROFESSIONAL AFFILIATIONS: Member: Florida Institute of Certified Public Accountants (F1CPA), American Institute of Certified Public Accountants (AICPA), Institute of Management Accountants (IMA), Government Finance Offcer's Association (GFOA), Florida. Government Officer's Assdciation (F'GFOA), Commmittee Membership FGFOA Career Development Committee, 1984-86; FGFOA School of Government Finance Committee 2004-2005; F1CPA Gatnmittee an State and Local Government, 1986-88; FICPA Committee on Members in Industry, Government and Education, 1996; GFOA Special Review Committee fur Certificate of Achievement for Excellence in Financial Reporting, 1985-1993; FGFOA Director i98b-89; FGFOA Officer 1.990-92; FGFOA President 1993- 1944, FGFOA Lifetime .Achievement Award 2004; University of Central Florida Accounting Advisory Committee 1994-2000. GFOA Committee on Accounting, Auditing and Financial Reporting, 2000-2f103. GFOA State Representative, 1499-2003; GFOA Distinguished Budget Reviewer (current) PROFESSIONAL EXPERIENCE: A~ri12004 Formed the Government Consnltin~ Services Comnany_[GCSC) to provide f nancial consulting to local $averiunents. Clients. include the Sunshine State Government Financing Commission, the First Florida Financing Commission, Monroe County, the Suifalk County (NY) Water Authority, the New Yark City Water Authority, City of Fernandina Beach, Fl, the City of Edgewater, Fi, The Town of Ponce Inlet F1. the City of Tampa Fl, the FGFOA°s CGFO Progrann, Nanjing (China) Wastewater Services Group and tl~e Village of Wellington, FL. Instructor for the Institute of Fleeted Municipal Officials June 2003 To April 2004 Director of Maaaga~ne¢~Sadeet and Acco~pting. City of Orlando, Florida Population 20x,000, Annual Budget $589 Million. As a member of the Mayor's nine-member cabinet, responsible for the City's fiscal policy. Duties include consulting with Mayor and senior management on financial management; budget preparation, monitoring and forecasting; accounting operations, and internal and external financial reporting. March 19$4 To June 2003: Comptroller, City of Orlando, FIorid~ Responsible for all accounting systems, internal and external financial reporting, payroll, accounts receivable and accounts payable. Comptroller's Office has thirty people, including eleven professional staff. The Comptroller's Office prepares the Comprehensive Annual Financial Report and has received ~e GFf)A's Certificate of Achievement for Excellence in Financial Reporting for the last twenty three years. Participated in over $500 Million of debt offerings as an active member of the City's financial management beam with the primary responsibility of working with consultants in collecting and presenting information. Led team in successful implementation of ERP system in 1998, which was awarded the Computerworld Smithsonian Award for innovation. Develops and reviews rates for City's enterprise functions including wastewater and solid waste. Member of an internal consulting team responsible- for designing. and implementing a performance management system. February 1979 'I`o March 1984: Assistant Comptroller. City of Orlando, Florida Responsible for day to-day accounting operations. Implemented policies of Comptroller. Developed and implemented new comprehensive on-line, real-time financial management information system in 1983. January 1977 To _February 1979: Finance Directar~City of Port ~ranae, Florida Population 18,000. Annual Budget $5 Million. Chief Financial Officer responsible far all financial activities including utility billing far 7,500 customers. Reorganized City's accounting systemrs and installed first camput~r system. ~'~1~a Partial List of previous projectslcIients of the Government Consulting. Services Compaay The Village of Weiiinaton -June 2005. GCSC performed a "Finance Department Report Card° which is a top down review of the operation of the Village's Finance Department. The review compared the currerrt policies, procedures and functions with the industries best practices. The recommended changes provided the Village management with a guideline #o improving the effectiveness of the fecal operations. The Village later contracted in 2006 and 2007 for a Debt Policy document, a new CIP process and a review of the Leisure Services Division. New York City Water Authority -May 2004. As a subcontractor to Black & Veatch, engineers, GCSC performed a review of the infrastructure recording process. The.. Authority serves over 9 million in population and has arf annual capital program of over $250 million per year. The recommendations made increased the efficiency of the capital assets process and gave the Authority a more accurate and timely accounting of the infrastructure, Nanjino (China) Wastewater Service Grouo -April 2006. As a subcontractor to Black & Veatch, engineers, GCSC was contracted to evaluate the accounting and financial reporting systems of this State-owned enterprise in the Peopte's Republic of China. The purpose is to prepare the enterprise to release the first revenue backed bond issue as part of China's transition to a market based economy. City of Quincy -August 2007. Provided accounting services related to preparation of FY2006 financial record to be audited. City of Edaewatrrr -May 2008. Engaged to provide a cast allocation system and a review various fee processes and rates_ Florida A&M,University - As a subcontractor to KPMG, GCSC performed consulting services relating to the fiscal operation of the University including accounting, financial reporting, budgeting, banking services, cash collection, and associated policies and procedures. Monroe County. Fla. - As part of a team of consultants that the county contracted t4 realign the county to knowledge based management principles, GCSG has focused on the creation of a performance measurement system tha# would provide relevant da#a to management. Bio Sketch of Rob Garner, President of GCSC -~ Rob re#ired from the City of Orlando as the Director of Management, Budget and Accounting in 2004. As a Director, he sat on the nine member Mayor's Cabinet and consulted the Mayor on financial matters. The City's 2003-2004 budget of almost $B00 million was awarded the Guy's first Distinguished Budget Award by the GFOA in recent times. Prior to being Director of MB&A, Rob was the City Comptroller. Prior to Orlando, Rob was the Director of Finance at the City of Port Orange. He has been active in many state and national professional organiza#ions and regularly speaks across the country to professional groups including the Institu#e of Elected Municipal Officials. 5. Jason M. Sevier Jason M, Sevier, CPA Managing Director Huron Consulting Group Waahingta~, DC Frior to Joining Huron, Mr. Sevier worked for fwo `Big Four" accounting firms and audited a significant state and local municipality. 17uring his time as lead auditor, Mr. Sevier oversaw several municipal bond offerings. This process included performing comfort letter procedures as well as administrative compliance. The. compliance function consisted of determining whether the municipality not only bad policies and procedures in place to solicit bond counsel and underv~-riters in a competitive fashion, but also to ensure compliance with the policies and procedures. urn GONSULTWG GRCO[JF' ~~.5~li~ ~• ~iiQV9~"9' Managing Director P 202-585~87i7 F aa2-gas-aaa~ jsevier~h uroneonsukinggroup.cam 55;} 13th Sheet, iVW West Tower, 4th Floor Washinglan, pC 20aa4 Jason has leadership experience in public accounting and non-bank finance with public and private technology, media and entertainment companies. Fie provides services including: • Spin-off/carve out of business segments • Purchase Price Disputes • Public and private stockfdebt offerings • Si*C -ieporting and U.S. GAAp • Complex technical cansuttaations Complex capital market-transactions • Capital s#ructure issues. • Corporate fnan~ philosophfsslpolicies • lntemationai and local education presentations • Prooess reviews and improvement suggestions • Operational guideline and moniforing process Professional experience Prior to joining Huron, Jason was Vice President/Senior Analyst at Moody's. investors Service, where he was responsible for a portfolio of numerous companies. Before holding that position, he was a Senior Manager in the National Accounting office at KPMG, providing accounting researcd7 and technical advice to engagement teams. Prior #o iCMPC3, Jason was a Senior Audit Manager with Arthur Andersen, where he served publicly traded and privately held companies. Representative examples of Jason's engagement experience include: Audi# • Coordinated assurance, advisory, tax and consulting services far dier~ts. • Provided and guided value-added business process improvement recommendations in areas such as: financial Statement close process, cast accounting, treasury and cash management, and strategic investrtsent • Analyzed financial statements utilizing key ratios, industry statistics, and historical trends enabling performance and risk assessment/measurement. • Reviewed and advised on annual and interim financial statemerfts for compliance with r~rrent financia! reporting standards and SEC requirements. • Assisted clients in the preparation of registration statements covering external financings and reports on Form 1D=K.and Form fa-~. GonsLHing • Led implementatipn aF a new aompfex stock compensation standard. • Participated on oonfarence calls with SEC personnel addressing client revenue recognition issues_ Served as a purchase prime arbitrator. Education and certification • Master afi Business Administration with a concentration in Finant~, Leonard N. Sim School of Business, New York University • Bache]or ofi Saenoe, Accpunting, Towson University, Towson, MD • Certified Public Accountant, California and Maryland • Certified Fraud Examiner Civic involvement • Board of Directors, San ,lose Sports Hall of Fame, zooo and zo©~ Speaking engagements • Speaker at the New Yark Soraety of Security Analysts (NYSSA) • Presented to national and international personnel an U.S. GAAP technical issues PrsbliCations Products with Embedded Software, and the Relevance of SOP 97-2, 2008 • Co-authored lnteipretations of Emevging Issues Task Force (E17F) QO-2?, Acacounfing for Multiple F-lenient Arrangements, 2pfl3. 6. Shari A. Shuman Shari A. Shuman, CPA Vice President, Admixustratian and Finance University of North Ftorida hls. Shaman is currently responsible for 16 departments ranging from the Finance Operations (Controller's Office, Treasury, Budget and Purchasing), Information Technologies, Physical Facilities and Facility Planning tc> Business .Operations on campus. She is also the Executive Director for the Financing Corporation, Treasurer for the UNF Foundation, and President of Training and Services, a 501(c}3 company. She also chairs the University's Space Committee, Auxiliary Oversight Committee, and Crisis Management Committee. SHARI A. Si-fliNiAN, CPA 2265 Hammock Oaks Drive north Jacksoi~vilie, Florida 32223 ~9t]4} 2fiD-9865 JOB T/iIRGET: i7esire leadership position itr public adminisfra#ion with emphasis on €~nanee and adminis#ration. E3CPERlENCE• City TreasurerlDeputy Director of Administration and Finance Department Ci#y of Jacicsomriile, Florida, 7998-Presen# R_esnonsibilities: • Respar~sible for debt management, including issuance of new debt and seeking out refunding and escrow res#ructuring opportunities within the City's debt portfolio • Responsible for the investment of general government monies and the general employees $9.3 billion pension plan • Responsible for cash management • Responsible for pension administration _ • Oversee an operation of 72 employees and an annual budget of $8.4 million • Committee Assignments: Member of Mayors Budget Review Committee, Member of Professional Services Evalua#ion Committee, Lead of Mayor's Quality Management Board, Staff to City Council Finance Committee and Staff to Better Jacksonville Plan Finandai Administration Committee • Oversee contracts for Major Management Agreements: SMG (dpera#ar of the Public Facilities), Hornbiower (Operator of the Mayport Ferry}, Jaguar Lease, Baseball Lease, Golf Course Leases and Arts in Public Ptac;es, Responsible far negotiating contracts, amendments and renewals to these cx?ntracts. S]gnifcant Achievements Coordinated the development of the financing requirements far the $2.25 billion Better .~acksonville Plan; Created a Debt Marragernent Policy for BJP; based on the debt policy, implemented a SWAP program; to date, one Fined td Variable SWAP has bean implemented and a Variable to Fixed SWAP has been negotiated, • Refunded 9 bond issues providing for $22.7 million in present value savings • Established new financing for the following programs:. $30 million #or the Mayor's Preservation Program; $40 million for Stadium improvements; $70 million for Shandy Hosp"rtal's debt restructuring and operational improvements; $40 million far Shipyards project; $52 million far various capita( improvements including fire stations. Children's Commission Building.and other misceilanevus capital projects • Updated Treasury's computers, banking. software, portfolio management sofitware to utilize online capabilities. Chief of Staff, Jacksonville Economic Development Cornmtsslon, Jacksonville, Florida, 1998 Res onsibilities: • Responsible for tl~e day to day operations, budget and project analysis for the Commission • Oversaw operations for 38 positions and a $4.3 million budget Signiticarrt Achievements: • Headed up the planning committee for the Mayor's 9998 Economic Summit • Repraesented JEDC on the management team for the JCCI study, "incentives for Economic Development" • Negotiated and reviewed economic development programs for pro}ects such as Winn Dixie Stores, Inc and Chase Manhattan Bank CQMPTRDLLER, +Cit-,1 of Jacl~csonvil[e, Florida, 7995 to 9938 Responsibilities: Responsible for the accounting division for tine City which includes accounts payable, payroll, accounts receivable, financial reporting and fund accounting • Qversaw a division of 47 employees and a budget of $2.$ million Si n~cant Achievements • implemented a new financial acxounting system providing for real time data entry and reporting • Received the Certificate of Achievement for Excellence in Financial Reporting • Converted the City's chart of accounts th be in conformance with the State's unf~ed accounting system for ease of reporting to the State for the City and Elected Officiais • Produced the first Popular Financial Report Principal internal Auditor, City of Jacksonville, Florida, 7988 to 'i995 5ignihcant Achievements: • Negotiated a new contract with SMG incre2~sing cost controls for the subsidy and 'mcentNe calculation. Negotiated new health care contracts implernehtiing campetrtion among providers and saving the City in excess of $3 minion, • Negotiated on behalf of the City in conjunction with the Jaguars the- concessionaire contract for the new municipal stadium. • Established the procedures and policies for zero based budge#ing for the Department, held workshops with the divisions which culminated in the establishment and adoption of a zero based budget for 1997J'1953. The Department reduced i#s budget by approximately 70%. • Performed and participa#ed on privatization studies, sud~t as Fleet Management Fuei S#udy, Public Parking 1_ots, and Infom~ation Technologies, Alachua County, l~epar#rnent of Finance, Gainesville, Florida, 9983-7588 Promoted t hrough three positions f rom D ebt S enrice a nd ! rn+estments t o A ccaur~ts R eceivable Supervisor, including grants, to Payroll Supervisor and Qual'~ty Control Supervisor for accounts payable. Si nificant Achievements: • Designed and initiated implementation of a Heal--time an~line time entry program to interface with existing Payroll software. The manual process was replaced saving time and dollars. Developed and Implemented a comprehensive billing system to replace the previous manual System for the Alachua County's ambulance service. This provided for immediate biil[ng to customers to enhance cash flow. EDUCAT!©N: • Masters of Public Administration university of North Florida December t99'i • Bachelor of Science, Accounting University of Florida August 1983 PR4FESSlGNAi_ MEMBERSI~IPS: • Florida Government Finance pffloers Assoaation, Membership Committee • American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants REIiERENGES. References Available Upon Request 7. William R. Voorhees Curriculum Vitae William R Vaor6ees, Ph.D. AIovember 11, 2DD8 University Address Department of Political Science ~ Public Administration University of North Florida l UNF Drive 3acksonville, Florida 32224-2665 William.Voarhees[a7unfedu Home Address 5632 Baxter Lake Dr. 3acksonville, Fl 32258 Education Ph.D., School of Public and Environmental Affairs, Indiana University at Bloomington, 2DDD, Fnajors in public management and public finance, minor in cognitive science. Dissertation: The IrnPact of Political, Institutional, Methodological and Economic Factors of Forecast Error. M.S. Accounting, SUNY, 2005 {New Yark State Certified CPA 15D Program} M.P.A. Andrew Young School of Policy Studies, Georgia State University, 1995 B.A. in Political Science, XTnwersity of South Florida, 1991 Pasitians Assistant Professor, University of North Florida; 3aclcsanville, FL., 2DD6 -Current Faculty Appointments: Department of Political Science ~ Public Administration 1epartment of Accounting & Finance, Coggin College of Business, adjunct faculty. Graduate School, Faculty member since 20D6. Duties include teching and reserach in the fields of fund accounting, budgeting, public finance, public debt, cash management and.'econametrics. Assistant Professor, School of Public Affairs, Arizona State University, Tempe, AZ., 2002-2006. Faculty Appointments: School of Public Affairs, faculty Center f©r Nonprofit Management anal Leadership, affiliate faculty W.P Carey College of Business, School of Accountix~.g, adjunct faculty Taught non-profit. and governmental accounting, public management, organizational theory/behavior, econometrics, public sector economics, management information system, capital budgeting and debt management. Assistant Professor, John lay College of Criminal Justice, The City University ofNew York, New York, New York, 2000-2002. Taught M.P.A.Clnspectar General curriculum in organization theory, governmental accounting, budgeting, financial management, organization theory and public information systems. instructor, Southern Illinois University, Carbondale,lL 1999-2040 M,P.A. level courses in public management, intraductian to public administration, organisational behavior, public budgeting & taxation, financial management, statistics, and program evaluation. Instructor, Indiana University, 1998 Taught courses in public information systems and public finance and budgets. Editorial Assistant, Pudic Budgeting & Finance {Journal), Indiana Liniversiiy 1997- 1998 Mantager, Kreg Corporation, Atlanta, GA. 1991-1995 Performed planning, design, and implementation duties in the development ofhealth care systems for planning, budgeting and financial modeling systems in multiple $200M institutions. Manager, HealthQuest, Ltd., Atlanta, GA. 1986-1991 Provided planning and design services to hospitals fax accounting, management and patient care systems. Project Manager, Health Information Systems, $raaklyn, NY. i98~-1986 Designed and implemented patient caxe system and procedures in university teaching hospital environment. Analyst, Mediflex Systems, Atlanta, GA. 1982-1984 Directed team in developing systematic financial analysis of HCFA Medicare reguFlatians mandated by Tax Equity and Financial Responsibility Act. Computer Programmer, A, C. Nielsen and Company, Dunedin, FL. 1979-1982 Developed computerized demographic and marketing analysis of TV marke#s. Systems & Languages: PLII, APL, COBOL, Assembler, BASIC, PASCAL, MVS, VM, DOS/VSE CICS. Accountant, Southeast National Bank, Dunedin, FL. 1976-1.978. Responsibilities included daily balancing, overdraft and suspense account processing. Systems Analyst, Medical Computer Sciences, Largo, FL. 1975-197b. Installed hospital A/P and inventory systems. Publications-Peer Reviewed and Bock Chanters "NewYorkers respond to the Wand Trade Center attack: An anatomy of an emergent volunteer orga~uzation", Journal of Contingencies and Cases Management, {1Vlarch, 2(?0$). "Neural networks and revenue forecasts: A smarter forecast's", Xnternational Journal of Public Policy (Summer 2006). "Consistent underestimation bias, the asymmetric joss futtctivn and homogeneous sources of bias in revenue forecasting" Journal of Public Budgeting Accounting and Financial Management, {Spring 2006). "Basic economics of fiscal decentralization", Handbook of Public Economics, ed. D. Robins, Marcel Dekker, New York, (2006}. "Counting your retirements before they hatch: GASB revisions for other post employment benefit reporting", Public Budgeting chi Finance, (December, 2005}. "More is better: Consensual forecasting .and state revenue forecast error", .Fnternational Journal of Public Administration, {July, 2004). "institutional structures in state revenue forecasting", Public Budgeting Accounting and Financial Management,. (Summer 2002}. "Governmental Accounting Standards Board Statement No. 34: A new emphasis on accountability", Public Budgeting & Finance, with R. Kravchuk, (Fall, 2001}. Pnblications-Encvclonedia Chanters Cash flow forecasting; Principles, The Encyclopedia of Public Adrrtinistration and Policy, Marcel Dekker, November, 2007, with Jeongwoo Kirn. "Budge#ary balance and deficit control", The Encyclopedia of Public Administration and Policy, Marcel Dekker, March, 2003. Publications- Renorts,_Et~xtarialg and. Trade Pnlilacations "City must honor obligation;Pensions"; Florida Tunes Union, August 28, 2008. "Nonprofits can be strong ally far city", Jacksonville Business Journal,. August 10, 2007. "Sarbanes-Oxley Ac# and the unintended effects on GASB", PATimes, American Society for Public Administration, May 2004. "Public policy and financial reporting far publicly held companies" PA Times, American Society for Public Administration, August 2002. "How to strategically fatzance information technology" PA Times, American Society for Public Administration, November 2001. SeymQUr Housing Pro, file, Voorhees, Secrist, Boston and Yakoiina, Indiana Housing Finance Authority, I99b (funded research). "GASB Update", dine Item, Assaciatian of Budgeting and Financial Management, February 2004. Book Renews .Putalic Budgeting & Finance, winter 1999, Class, Tax and Pv~rer: Municipal Budgeting in the United S#ates, by Irene Rubin Workine Pa~aers Voorhees, William, "Lowering the .state's fiscal risk with rainy day funds: Do the rating agencies recognize the lower risk." Voorhees, Williartn and Kizn, Min Su, "The fiscal desert: An aggregate theory of budgetary constraints" -Under review at Inter~atianal Journal of Public Administration. Voorhees, William, Borg, Mary and Stranal~a.n, Harriet, "Tax incidence of Florida property tax: Which demographic gaups carry the burden" -under review at 1Vational Tax .Iaurnal. Voorhees, William,. and Mileesell, J'obo, "T3o bulls consume snore than bears: The impact of the wealth effect on state sales tax collections." Voorhees, William and Tracy Yandle, "Financing, the environment with environmental affinity plates." Voorhees, W`iIliam, "Playing it safe: Current and future GASB standards for derivatives and hedge accounting."~ 4 Research Grants Deans Incentive Grant 2004, $5,000- Research on state bond ratings and the effects of reserve funds. Graduate Transformational Learning Opportunity Grant, University of North Florida, 2008 - $5,000. This gratit is supports development of a transformational learning course a strategic planning course. Summer Research Grant, University ofNarth Florida, 2DD7- $7,SDD. Research on nonprofit revenue optimization. Arizona Board of Regents Training Grant $100,000 - Tnbal Financial Mangeinent Certificate Program with Native American Finance Officers Association, Deans Incentive Grant 2003, $5,000- Research on improving state revenue forecasts with respect to consistent underestimation bias, the asymmetric loss function and homogeneous sources of bias. Sloan Onhine Teaching Grant 2002, $5,000 - To develop an online course in public finance. Conference Papers & Presentati©ns International. Association for Reseazch on Service-learning and Convnunity Engagement Eighth Annual Conference, 2008, New Orleans, LA. Participant. Western Social Science Association Conference, 20DS, Phoenix, AZ `moo Bulls Consume More Than Bears?: The Effect of a Bull Marl~et an Sales Tax Collections" With Dr. John Mikesell, Indiana University.. Association of Budgeting and Financial Management Conference, 2005, Washington, D.C. "I)o Environmenta! Affinity Plates Measure up to the Good Tax Criteria?" with Dr. Tracy beadle, Emory University. Association of Public Policy and Management Conference, 2404, Atlanta, GA.,. `Environmental Affinity Plates and Feel Good Fees; Ha~v Citizens Vvte with theix Wallets" with Dr. Tracy handle, Emory iniversity. Association of Budgeting and Financial .Management Conference, 2004, Chicago, IL., "The Fiscal Desert: Arizona Institutional Budgetary Constraints" with Min Su K.im, Association of Budgeting arad Financial Management Conference, 2404, Chicago, IL., ``Playing it Safe: GASB Standards fax Derivatives and Hedge Accounting„ City of Peoria Revenue Forecasting Conference, November 2003, Presentation, "Selecting a methodology for forecasting revenue." Arizona Government Finance Officers Association, August 2(}03, Presentation., "lnterxnediate governmental accounting." City of Peoria Revenue Forecasting Conference, March 2003, Presentation, "Bias iri revenue forecasting." Western Sociai Science Association, 2003, Las Vegas, NV., "Consistent underestimation bias, asymmetrical IoSS and homogeneous bias- sources i.n state :revenue forecasting" Association of Budgeting and Financial Management Conference, 2002, Kansas City, MO. "Counting retirements before they hatch: GASB and tke new OPEB regulations" Association of Budgeting and Financial Management Conference, 2002, Kansas .City,. MO. E-Budgeting Panel-Discussant Association of Budgeting and Financial Management Conference, 2001, Vt~ashington, D.C., "Governmental Accounting Standards Board Statement No. 34: A new emphasis on accountability" American Society for Public Administration Conference, 2001, Newark, NJ, Panel convener and presenter, "Reserve funds anal their effect on bond ratings." Association of Budgeting acid Financial Management Conference, 2000; Kansas City, KS, Panel convener and presenter, "Revenue Forecasting with Neural Networks." Association of Budgeting and Financial Management Conference, 1998, Washington D.C., Panel Discussant Prof ssionai Membershi and Service Govemmen#a1 Accounting Standards Advisory Committee (GASAC} Appointed by the Cxovernmental Accounting Standards Board {GASB}, 2003-2008 Association of Budgeting sod Financial Management {ABA Elected to the Executive Board for the 2004-2006 term. Ad Hoc Committee to acquire membership on Governmental Accounting. Standards Advisory Council {GASAC) -Governmental Accounting Standards Board {GASB.), 2001-2001. Public Budgeting 8c Finance {Journal) Book Review Editor, 1935-current university Service LeadershipiTNF, 2007. UNF Nonprofit Affinity Group, 2046-2007. Politico! Science and Public Administration Departmental Cammittee, 2005-2008.. Master of Public Administration Program Cammittee, 2406-2008, Bylaws Cammittee, Political Science and Public Administration Department, 2005- 2007. Public Administration Search Cammittee, 200.7. Faculty Association Budget Committee, 2007-2009. Conununity Based Transformational Learning Advisory Committee 200&2009 Coanmuni Service '~VJCT TV --Participated in First Cosst Fotu.m, a one and a half hour panel discussion on the Florida Amendment One property tax praposal,12/17'/200$. WJCT Radio -interviewed on 12/16/2008 ''4VJXT TV - interview on A.mendrnent One- property tax proposal, 12/i 5/200$ Young Nonprofit Professionals of Jacksonville August 2007, Speaker -The value of nonprofit education in your nonprofit career. Sweetwater Creek South Association, Treasurer 2007 Waterford Estates Association, President 2008 Economic Development Bond Committee for the City of Phaen~ 2005 -charged with determining which transporfatit~n, infrastructure and downtown developmenf projects would be included in the 2006 general obligation bond. Superstition Spriggs Master Community Associ~tian Elected board member and SecretarylTreasurer of a community association with a $1 million operating budget, residential population of 15,000 and 200 businesses. Verde Valley, AZ Chamber of Commerce Conference, Apri12004, Presentation, "Criteria for establishing good taxation". Community Associations Institute (CAIN, January 2004, Mesa, A.Z., Traibing session for property management certification course, "Elements of managing a large community aSSOGlatlOn." M.anuscrint Reviewer Public ~Idrrcinistration Review Public Budgeting & Finance Public Budgeting, Accounting and Financial Management Interrtatianal Journal of Public Administration Mu~aicipal Finance Journal Honors LeadershipUNF 200'x, one often persons from UNF selected to participate in university wide leadership program. Best Term Paper Award, 1995 M.P.A. Program, Georgia State University, Title: Budgetary Innovation in the Georgia Department of Administrative Services Pi Alpha Alpha Honor Society, Georgia State- University Chapter, 1995 Academic Achievement Award, 1995 M.P.A. Program,. Georgia. State University Degas Award,. University of Southern California,. Full scholarship: 8. John W. Waechter JOHN W. WAECHTER Englander & Fischer P.A. Phone: (727) 898-7210 721 First Avenue North Fax: (727) 898.721 S St. Petersburg,. FL 33701 jwaechter@efpalaw.com PROFE55IONAL Ex~ERIENCE: 03108 -Present Englander & Fischer PA, Associate Attorney 10104 -- Present Transamerica Asset Management Group, TrusteelDirectar • Audit Committee Chaixman and designated financial expert 3104 - 5104 RBC Dain Rauscher ~ Transition and integration of William R. Hough & Co. operations, systems and personnel into successor firm. 1 i/93 - 3/04 The Hough Group ol"Fbnds, Treasurer • Tnvalved in the creation of The Hough Group of Funds, which consisted of the Florida TaxFree Money Market Fund and the Florida TaxFree Short Term Fund. Selected and implemented a softuv°are solution for the portfolio accounting and transfer agency applications of the funds. Also .managed the integration of that saflware with the back office accounting system of William R. Hough & Co. to facilitate daily sweeps of customer balances, as well as the integration with the payroll system far direct deposit transactions. Supervised the legal and compliance personnel assigned to the funds with respect to their daily operation. Also supervised the funds' controller and dealt with outside auditors on a variety of regulatory, tax and accounting issues. 9179 -- 2L04 William R Hough & Co., .Executive Vice President Chief Financial Officer - overall responsibility for operations department of a large regional securities dealer. Negotiated credit facilities in excess of $300 million with money center and regional banks to provide securities inventory financing. Assumed primary responsibility for the internal de~relopment and maintenance of computer software to process the trading, clearance and settlement activities of the broker/dealer. Chief Compliance Officer -overall responsibility for the development and implemEritation of a comprehensive system of written supervisory procedures designed to meet the requirements of the Securities and. Exchange Commission, the National Association of Securities Dealers, Inc., the. Municipal Securities Rulemaking Board and state securities coFnmissions. Coordinated regulatory examinations conducted by the SEC and NASD and. responded to inquiries from those regulators. Represented the .firm in arbitration proceedings involving customer complaints and employment disputes. 9174 - 9179 Three years experience as a practicing Certified Public Accountant and two pears experience as the controller of a small municipal bond dealer, St. Petersburg, FL MEMBERSHIPS & AP'FILIATIQNS: The Florida Bar American Bar Association St. Petersburg Bar Association American Institute of Certified Public Accountants Florida Institute of Certified Public Accountants NASD District Committee, Vice-Chairman (Atlanta) NASD Financial Responsibility Committee MSRB Professional Qualifications Committee Regional Municipal Operations Association The Bond Mazket Associailori's IVlunieipal Underwriting Focus Group, Chairman. EDUCATION: 5104 - S/47 Stetsaa University College of Law Juris Doctor Gulfport, FL 9170 - 8174 University of Florida Bachelor of Science /Business Admiaustration Gainesville, FL 1999 - 2001 The Securities Industry Institute - a course of study sponsored by the Securities Industry Association and conducted. at the Wharton School of Business, Philadelphia, PA COMMUNITY ACTIVITIES: Director, Operation Par Director and Treasiuer, West Central FL Council, Boy Scouts of America Past Director, Gaodwi~l Industries - Suncaast r; John W. Waechter Chief Compliance Ufficer William R H©ugh & Co. 1979-2404 As the chief compliance officer at William R. Hough & Ca., I was xesponsible for the preparation and implementation of a comprehensive set of Policies and Procedures designed to ensure compliance with ~e rules and regulations of the SEC, NASD (now FINRA) and state securities commissions. I was the firm's representative with respect to various regulatory examinations during that time. William R Hough & Co. was a leading underwriter of municipal bonds in the state of Florida for many years prior to the sale of the firm to RBC Dain Rauscher in 200. Hough served numerous issuers as either financial advisor or underwriter for. all types of bond issues. I worked closely with the investment bankezs in reviewing Requests for Proposals and the Proposals submitted in response thereto. I reviewed contracts for both financial advisory and investment banking services. I also worked with band counsel and underwriter's counsel from time to time on various issues related to specific financings. In addition to my work at Hough, I also served on various committees of the National Association of Securities Dealers, Inc. (NASD) and the Municipal Securities Rulemaking Board. (MSRB). I served on the 1vISRS Professional Qualifications Committee for many years, where my xesponsibilities included writing questions far the Securities Industry's Series 24 Principal Exam. I also served on the Glossary Revision Committee to update and expand the Glossary of Municipal Bond Terms that was published by the MSRB and is available on their web site. At the NASD, I served on the District Committee far the Atlanta District and vas on the Financial Respo~isibility Committee in New Yark. I also served as a panel member for enforcement proceedings brought by the NASD against member firms far a variety of alleged rule violations. 9. Richard T. (Toby Wagner r ~ Southeastern investment Securities, LLC 1075 West Morse Boulevard Winter Park, FL 32789 407-647-14D0 Q~i ce 407-647-5526 Facsimile E-Mail: rt~wa gg ~rt_(a~earthlink.net Southeastern Investment Securities, Ync. (°`Southeastern") is a regional financial advisory firm headquartered outside of Orlando, Florida and organized in 1977. The past majority of Southeasterri's business was generated firom serving local county and state governments throughout the southeast as financial advisor. Recently the firm has also served as financial advisor on various pmject related corporate structures involving structured securities products. As financial advisor, Southeastern has handled over 250 financings totaling over $3A billion dollars since its inceptions for various governmental and corporate entities. For the past thirty {30) years Southeastern has been highly regarded as a leader iri the Florida municipal finance in all types of capital improvement programs. Legislation and new financing techniques developed by Southeastern have been utilized by issuers throughout the state of Florida. Prancipal l~,ichard T. Wagner, President, Southeastern Investment Securities, LLC, graduated from Florida Southern College in Lakeland, Florida with a B.S. in Financial Management and is a graduate of the University of Michigan Graduate School of Business/Public Securities Association, Public Finance Institute. Mr. Wagner has been with Southeastern and its related companies since 1973 and has developed extensive expertise in governmental financings and has pioneered many financing credit strategies currently in use by the public sector in the southeast United States. Mr. Wagner has been involved in all phases of taxable and tax exempt governmental and corporate finance transactions and through his direction since 19$0 has been a senior or co-manager with Southeastern on over 450 financing issues totaling over $10.0 billion and financial advisor on over 200 issues totaling in excess of $3.0 billion. Hi.s administrative experience has involved the supervision of up to 50 employees in areas of clerical, technical, public finance, sales and trading- He has developed branch office networks and implemented strategic business plans and marketing plans. Atz~ciliary to his experience in public finance, Mr. Wagner was a founding member and pai~ier of the Orlando Magic. NBA Basketball franchise working with ten (10) other partners in financing and securing this professional sports franchise for Orlando from 19$7 to 1991. Mr. ViTagner is also a veteran of the Vietnam War and has resided ii} the Orlando area for the last fifty two years. MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 28, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 RESOLUTION NO. 10-09/ABANDONMENT OF RIGHT-OF-WAY ITEM BEFORE COMMISSION The item before the City Commission is consideration of an abandonment of the City's interest in a 0.17 acre rectangular-shaped portion of Canal Street associated with the creation of two single family lots. The parcel is located at the southwest corner S.E. 2nd Street and the Intracoastal Waterway, adjacent to 200 Marine Way. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6 (M), Abandonment of Right-of-Way. BACKGROUND The proposed abandonment area is within an easement dedicated in favor of the Army Corps of Engineer for the Intracoastal Waterway. In the late 1920's (1928, 1929 and 1930), the Florida Inland Navigational District (F.LN.D.) surveyed the entire Florida East Coast Canal (now known as the Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating certain tracts or parcels of land to be included within the proposed right-of-way for the Intracoastal Waterway. According to Sheet 16B (Plat Book 17, Page 16B) of the plat for Palm Beach County, approximately 50' east of the existing Intracoastal Waterway (Canal Street) was included within the proposed right-of-way for the Intracoastal Waterway. Canal Street was originally platted as public right-of-way in Plat Book 1, Page 3 of the City's original plat (Town of Linton) and the west right-of-way line of the Intracoastal Waterway now coincides with the west right-of-way line of Canal Street. This portion of the right-of-way was never dredged for inclusion with the navigable waterway and remains unimproved. Further, the area was not improved as a street, nor will it be in the future. At its meeting of September 15, 2008, the Planning and Zoning Board recommended approval to the City Commission for the abandonment of a portion of the 50' wide Canal Street (now shown as an easement within the Intracoastal right-of-way) in conjunction with platting the adjacent property into two lots. This recommendation was made subject to the condition that approval from the Army Corps of Engineers must be obtained for any encroachments into the existing Corps' easement. The City has since received the Army Corps of Engineers' Consent to Easement documentation, which acknowledges the Corps' consent to improvements in the subject area. On September 17, 2008 the Historic Preservation Board approved a Certificate of Appropriateness (COA), Site Plan, Landscape Plan and Architectural Elevations for the adjacent single family residential development. The applicant has requested abandonment of the City's interest in Canal Street as part of the development proposal. The City's abandonment will not remove any interest that may or may not be vested in the Intracoastal by other entities, i.e. the Army Corps of Engineers. Re-platting the existing property at 200 Marine Way and resolution of any interest, City or otherwise will be required prior to this property's inclusion in the plat. The associated right-of-way abandonment is now before the City Commission for final approval. REVIEW BY OTHERS The City's Environmental Services Department and Fire Department have reviewed the request and have no objection to the abandonment. Utility providers FPL (Florida Power and Light), Florida Public Utilities and Comcast Cable have reviewed the abandonment request and identified the need for easements for their services, which will be shown on the plat. At the time this report was written, AT&T Telephone Company has not responded to the City's notification. If services are located in this area they would require appropriate utility easements which will be provided on the ensuing plat. At its meeting of August 21, 2008 the Development Services Management Group (DSMG) reviewed the abandonment request and recommend approval subject to the owner providing the City written confirmation that the Army Corp of Engineers and F.LN.D. are aware of the development plans and have no objections. F.LN.D. has contacted the City and stated no objection to the abandonment and deferred approval of the improvements within the easement to the Army Corps of Engineers. As noted above, the City has received consent from the Army Corps of Engineers for construction of the proposed improvements. On October 15, 2008, the plat and the associated waiver went before the Historic Preservation Board and both received a unanimous recommendation of approval. RECOMMENDATION Move approval of the request for abandonment of the City's interest in the 0.17 acre portion of Canal Street right-of-way lying adjacent to the 200 Marine Way property 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 2.4.6(M)(5) of the Land Development Regulations subject to dedication of appropriate easements to accommodate utilities as noted above. Attachments: . Location Map . Abandonment Resolution . Location Map . P&Z Board Staff Report, September 15, 2008 RESOLUTION NO. 10-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE CANAL STREET PUBLIC RIGHT OF WAY LOCATED AT THE SOUTHWEST CORNER OF S.E. 2'~D STREET AND THE INTRACOASTAL WATERWAY AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of the Canal Street right-of--way (ROW), located at the southwest corner of S.E. 2°d Street and the Intracoastal Waterway, as more particularly described herein, and WHEREAS said application for abandonment of a general public right-of--way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 15, 2008 and voted unanimously to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes, more particularly described as follows:. EXHIBIT "A" CONTAINING 0.17 ACRES, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the day of , 2008. ATTEST: MAYOR City Clerk RES. N0.10-09 RES. NO. 20-08 -: -;~: ~~ tr / J S.E. SECOND STREET 50' ROAD RIGHT--OF'-WAY (PLAT BDOK i, PAGE 3) NORTH LINE OF LOT E POINT OF BEGINNING N.E. CORNER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) EAST LINE OF LDT E (BEARING BASIS) A PORTION OF LOT E THE MOORINGS {PLAT BOOK 20, RAGE 27) 3 r Cp r- M n S89`59'16"W r_ w . ~~ w O ~ F- ..s.! ~ ~ ~ Q rr ~~ v~~" d J3 +~~ U ~~ ~ O ZOQ U'~ ~ ~ _~~ ?- ~ ~ a O ~~ z~~ o O_ ~ ~~ ~ O ~ ~ ~ oo'. REMAINDER OF LOT E THE MOORINGS (PLAT BOOK 2d, PAGE 27) S83'04 44 50.Op• dd'• Lrf z U 0 .z f ri ~} ~ Q ~ ii! 3©~ J~ r: ~ 4.f 3 ~ (D ~. o ~ ~ n aQ ~z w !N -~vu~ RIGHT-OF'_ ~~'~ ~ BOO S TAL WA TER WA Y frvor~ro7'scat~j rse) t CAULFIELD & WHEELER, INC. CIVIL EI~€GINI=ERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING ,_ ~ - 7301A W. PALMETTO PARK ROAD -SUITE EOOA BOCA RATON, FLORIDA 33433 PHONE (56i)-392-1991 /FAX (551)-750-145? MARINA WAY PROPOSED ROAD RIgiT OF WAY ABANDONMENT SKETCH OF DESCRIPTION GRAPHIC SCALE (IN FEET) 1N 300' RIGI~~ p~-_W rRACOASTAL WArERy I'!'LA r 8001( ~ 7, (lVOr TD $CALEE} ~ }~~ ~ 0 (/3 a o m ~~~ Q `" ~ NoRTN Z 30 15 0 15 30 SHEET 2 OF 2 DACE 7 23 08 DRAV~N BY JC F.B. PG. N A SCALE A5 SF~OWN JOB N0. 5389SK00 W j Q ~ ~ ~ _ ~ I- ~ ~ NyT 300•/plGNT-ORyyAY RACOASTq ; W4TLe LLJ LtJ ~ RWAY ~ (l'L.4T BGO 1T 17, P.4G$ Q ~ 76BJ ~ # 8 NAVfOABLE lNTRACOASTAL WATERWAY BOUNDARY - APPROXfMATE' LOCATION S.~. 2ND ST. # a w a w w ~ SSA GA TE # ~ TOWERS .-. _ ~ Q ~ ~ ~ ~ ~ ~ Z ~ ~ ~ ~ 4 ~ 1- ~: F- Q = C# 91 B ~ It i Q (/) ~ ~ O ~ ~ U ~ ~~ Q 5.~. 3RD 5T. ~ ~ ~ z ~~ z ~ ~ ~ O y a[1 ~ w ~ i $ ~~ O Z ~ ~ SUBJECT AREA CANAL STREET ciTV of DELRAY EEACH, FL ® RIGHT-OF-WAY ABANDONMENT PLANNING do ZONfNG fiEPARTMENT --- DIC!!AL BASE MAP SYSTEM -- ASAP REF: LFAA-~24G ~ ~~ S11Wi1~3C ZS'R~45L PR31 xg3116N-_dC1t951 ]~f W .G'RY vOibOV kOlvtl b8 9%I 31 f13' tlV9tl Ykvd 0113A1tld'M v19f! ~'~L ,~,~ . 3~,1~31~,~n 3d ~~9, ~. ~aNl ~r~3 i~ai±anY~g a-iai a-nv~ A3RL~~lS Jl2i'dONf109 ~ ~ ~~~~ ~ ~ SONl2i00YV 3Hl a ~ ~ _ ~" ~ ~ ~ a '< ~ ~~ n ~ ~~~ ~~ ~ .. -_ ~ ~ ~~~ ~ _ y ] 3 /yaw o-°~'°~a D ~ ~ - ~ - ~ ,' F~ $ Yr l i // ~ =~ 1 ~ ~ i~ yg ~~ f ~ I i ~& I ~ o„ti ~~ u~l ~~ ~~ ~ ~ ° ~ _~ s w C( yl' rt~ ~) _I Z~~ f F ~~ ~ ~~ uarc uar 1 ~ ~- M ~ ~~~ zw~ ~~~ b ~ ~ ~ yy Z~ ! ~ 23 ~~ q mp U ~6 ~F ~± S.E 7711 Mf71kIE a' lw+~ wwr~-xnr puim ,I rP h ~a ~ ~s ~ ~ 2 g~l~s ~~ ~~6~~~ a Eg~ ~~~4~~ ~~ ; 8~'§ I o J ~~, ~~~~~n ~~ I~ '~ ~~ ~~ ~~ ~a ~~~.L~ ~~ ~Yxs~S~ ~~ ffi~~ ~Y~~ ~~ sa ~ ~~g ~~~~~ ~~ ~~ ~ ~ W ~ ~R~ ~ ~b~S `<~3~Q0~~ ~ R 1S~ ~~~ ~a~~~~~~ ~6 ~~~~ ~ ~ ~ i ~ ~"~~ ~ ~wx ~~ ~ '~€"~s€ ~~~~~R ~~~ ~~ ~~ ~~ 4~ ~~ ~~ ~a~ ~~~ ~ q ~ ~ ~ ~~~ g gg i 3 I ~~~~3s~a~~~~~.~~~~~~s~~~a~~ 6' ~~a ~A~~ffi$~~d~$~~~~I~~~~~~~~a '3y ~~1~~~~~~a.~3~~d~d~M~eS~S~a?a nr.8 coq o€~ ~_~ ~ ~ "'~ u PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 15, 2008 AGENDA ITEM: IV.A. ITEM: Abandonment of a 0.17 acre rectangular shaped portion of Canal Street in conjunction with the development of a two single family Pots, Eying at the southwest corner of S.E. 2"d Street and the Intracoastal Waterway. GENERAL DATA: Owner .............•--~•-•---~---~------~-- ApplicantlAgent ........................ Location.-~---~-----------------~--------- Property Size ........................... Existing FLUM Designation..... Current Zoning .................... Adjacent Zonings...........North East South West Existing Land Use ................... Proposed Land Use ................ Water Service ......................... Kathy R. Cobban. David P. Lindley, P.L.S., Caulfield & Wheeler. Southwest corner of S.E, 2n~ Street and the Intracoastal Waterway. 0,17 Acres LD {Low Density Residential, 5 - 12 Units per Acre). R-1-AA (Single Family Residential). CF (Community Facilities). Intracoastal Waterway and RM {Multiple Family Residential -Medium Density). R-1-AA {Single Family Residential). R-1-AA {Single Family Residential). Unimproved portion of the Intracoastal right-of--way containing sad and a seawall. Abandonment of right-of- way to be incorporated into a proposed two-lot single family subdivision. NIA Sewer Service ......................... NIA ATLANTIC yETERANS PLAZA PARK ATL AN TIC AVE. W a ~ ~ J 4 a S.E. 157 57. ~; v~ a ~ - ~ ~ a 3 S.E. 2ND ST. ~ S£AGA7E ~ TOWERS Q 0 U S.E. 3Ra ST. 2 o w ~' z 3 v~ s.E. 4TFI s7. sEACArE MANOR N -~ IV.A. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the City's interest in a 4.17 acre rectangular-shaped portion of Canal Street associated with the creation of two single family lots. The parcel is located at the southwest corner S.E. 2"~ Street and the Intracoastal Waterway, adjacent to 200 Marine Way. This right-af-way abandonment is being processed pursuant to LDR Section 2.4.6(M}, Abandonment of Right-of--Way. BACKGROUND The Canal Street right-of-way was originally dedicated in July of 1896 with the recordation of Town of Linton plat (Plat Book 1, Page 3) as a 50' right-of-way. 1n December of 1935, Block 127 of the Town of Linton plat was re-platted into 25 separate parcels via the Blank-Nichols subdivision {Plat Book 13, Page 28) and Canal Street was renamed "Park Avenue." In December of 1943 the north half of Block 127 was re-platted into 5 separate parcels (Tracts A thru E) via The Moorings plat {Plat Book 20, Page 27} and Park Avenue (a.k.a Canal Street) was delineated as part of the Intracoastal Waterway. The subject portion, of what was originally Canal Street, is adjacent to and east of Lat "E" of The Moorings plat. In the late 1920's (1928, 1929 and 1930}, the Flarida Inland Navigational District (F.I.N.D.) surveyed the entire Florida East Coast Canal (now known as the Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating certain tracts or parcels of land to be included within the proposed right-of--way for the Intracoastal Waterway. According to Sheet 16B (Plat Book 17, Page 16B} of the plat set for Palm Beach County, all of Canal Street south of Atlantic Avenue was included within the proposed right-of-way for the Intracoastal Waterway. Along this stretch of Canal Street, the west 50' of the ultimate right-of-way far the Intracoastal Waterway overlaps with the 50' that was originally platted as public right-of-way via Plat Book 1, Page 3 of the City's original plat (Town of Linton). Therefore, the west right-of-way line of the ]ntracoastal Waterway now coincides with the west right-of-way line of Canal Street. Subsequently, there are portions of this swath of Intracoastal right-of-way that were never dredged for inclusion with the navigable waterway and remain unimproved. The subject 50' section of Canal Street east and adjacent to Tract "E" of The Moorings plat is one of these areas. While the City may have right-of--way via Canal Street, the ]ntracoastal Waterway is dedicated to the Army Corp of Engineers. Currently the subject portion of right-of--way is unimproved and has been utilized as additional side yard for the adjacent properties for many years. A concrete seawall is located approximately 43` east of the west property line of the Intracoastal Waterway as noted above. On September 17, 2008 the Historic Preservation Board will consider a Certificate of Appropriateness (COA}, Site Plan, Landscape Plan and Architectural Elevations for a proposed single family residential development. The applicant has requested abandonment of the City's interest in Canal Street as part of the development proposal. While the City's interest is under consideration, this does not remove any interest that may or may not be vested in the Intracoastal by other entities, i.e. the Army Corps of Engineers. Re-platting the existing property at 200 Marine Way and resolution of any interest, City or otherwise will be required prior to this property's inclusion in the plat. Planning and Zoning Board 5tatt F~eport: Sep#ember 75, 200$ Canal Street Abandonment - 200 Marine Way ABANDONMENT DESCRIPTION The portion of Canal Street right-of-way to be abandoned measures approximately 50' in width by 148.55' (average length of the parcel through its centerline) and contains approximately 7,432 square feet (0.17 acres). The subject parcel represents the entire portion of Canal Street right-of-way, adjacent to Lot "E" of The Moorings subdivision. The abandonment request was submitted by David P. Lindley, P.L.S., of Caulfield & Wheeler who is the authorized agent for Kathy R. Cobban, owner of the property located at 200 Marine Way. The applicant is seeking Site Plan approval associated with a COA for two single family lots and has also submitted a minor subdivision plat application. The abandonment of all interest {City and Army Corp of Engineers) and verification of ownership are listed as conditions of approval per the Site Plan. The applicant is requesting that the City vacate and abandon all public interests in this right-af- way so that the property could be utilized primarily far setback and required open space purposes. It should be noted that the construction plans show significant portions of the paver pool deck and landscaping far each home located within the abandonment area. Also, the roof of the home proposed on Lot 2 overhangs within the abandonment area, ABANDONMENT ANALYSIS Pursuant fo LDR Section 2.4.6(M)(9), public right of-way maybe abandoned (returned) to the adjacent properly fo the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to fhaf parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels}, It should be specifically noted that, this formal abandonment process is only to vacate and abandon__all___public interests in this right-of-way,,,(Canal Street} and not the assignment of reverted property. Verification of any rights associated with this area dedicated to the Army Corp of Engineers is a condition of approval. It is a civil mat#er as to the ownership of the subject portion and must be resolved prior to this parcel being incorporated into any adjacent plat. The applicant has been instructed to request written notification from F.I.N.D. and the Army Corp of Engineers stating that these public agencies are aware of the applicant's development plans. The receipt of this notification by the City prior to recordation of the plat and issuance of any building permits for the development are attached as conditions of approval. Utility Services The City's Environmental Services Department has not identified any water or sewer mains within the subject area; therefore the City Engineer has no objection to the Canal Street right-of- wayabandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. Utility provider company FPL (Florida Power and Light) has responded with no objection to the abandonment. FPU (Florida Public Utilities), AT&T Telephone, and Camcast Cable did not respond to the request for comments. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6{M){5), prior to any right-of-way abandonment being approved, the following findings must be made: 2 Planning and Zoning Board Staft Report: September '15, 2pp8 Canal Street Abandonment - 200 Marine Way A) That there is not, nor will there be a need for the use of the right-of--way for any public purpose. Currently, the right-af--way is unimproved, and as previously mentioned. The City has no plans on improving this right-of-way far any public purpose. Pursuant fo Policy 8-7.4 of the Coasfa! Management Element of fhe Cify's Comprehensive Plan, The Cify shall retain al! existing public access to the lnfracoasfal Waterway, including sfreef ends, and should consider enhancemenf of the street ends as pocket parks with reasonable use restricfions including limited hours of operation. Southeast 2"d Street is a dead end street with its terminus being the Intracoastal Waterway. Immediately north of this dead end portion of S.E. 2"d Street is the publicly owned City Marina. Therefore, public access to the Intracoastal Waterway has been retained to the north via the City Marina. While access to the south could be retained for the City via an easement, given its location immediately adjacent to private property, additional public access is not appropriate. Therefore, a positive finding with respect to Policy 8-1.4 of the Coastal Management Element of the City's Comprehensive Plan can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently no lots use the abandonment area for primary access. C) That the abandonment will not result in a detriment to the provision of access andlor utility services to adjacent properties or the general area. Ail applicable utility easements will be dedicated on the proposed "Marine Way" plat and all franchise utility companies have been notified via the site plan and abandonment process. ~ REVIEW BY OTHERS The development proposal and associated abandonment area is not within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA {Downtown Development Authority). However, the area is located within the Marina Historic District and will be reviewed by the HPB (Historic Preservation Board) at its meeting of September 17, 2008 as part of a Certificate of Appropriateness (COA). At its meeting of August 21, 2008 the Development Services Management Group (DSMG) reviewed the abandonment request and recommend approval subject to the owner providing the City written confirmation that the Army Corp of Engineers and F.LN.D. are aware of the development plans and have no objections. Courtesy Notices: Courtesy notices have been provided to the following: + Marina Historic District • Neighborhood Advisory Council 3 Planning and Zoning Board Staft Report: September 15, 2008 Canal Street Abandonmen# - 200 Marine Way Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of abjection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT The subject right-of-way is unimproved and there are no current plans for its improvement. This abandonment is limited to the City's interest in the Canal Street right-of-way and is not the assignment of reverted property. As noted in the staff report, the subject area is within the 300- foot ultimate right-of-way for the Intracoastal Waterway. All necessary easements (drainage, utility, access, etc.) will be accommodated for this development via dedications on the plat. Public access to the Intracoastal has been retained to the north of this area via the City Marina and public access to the south of the abandanment area is not appropriate. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move approval of the request for the abandonment of a 0.17 acre portion of Canal Street located at the southwest corner of N.E. 2"~ Street and the Intracoastal Waterway 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 2.4.6(M)(5) of the LDR's with conditions. 3. Move denial of the request for abandanment 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 Section 2.4.6(M)(5) of the LDRs. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the City's interest in a 0.17 acre portion of Canal Street located at the southwest corner of N.E. 2"d Street and the lntracoastal Waterway 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 2.4.6(M}(5} of the Land Development Regulations subject to the following condition: 1. That written notification from F.LN.D. and the Army Corp of Engineers is received by the City prior to incorporation of this area into any plat or development proposal. Attachments: Location Map. Survey of Abandonment Area. Marine Way Plat. Abandonment Resolution #00-08. 4 S.E. 1ST ST, w ~ ~ a w w ~ z >- ~ Q Q +r w ~ ~ ~ = Q S.E. 2ND 5T. J Q W O ~ ~ Q SEAGATE ~ TOWERS ,-~ ~ Q 0 0 z U ~ Q ~ ~ 1~ ~' z S.E. 3RD ST. 0 z m w _ ~ ;" O z SU6JECT AREA CANAL STREET CITY OF DELRAY BEACH, FL ® RIGHT-OF-WAY ABANDONMENT PLANNING & ZONING DEPARTMENT ~i Q -- D1GlTAL BASE MAP SYSTEM -- FhAP REF': L~AA--Z4D ~i ~r ~~` , DESCRIPTION: ROAD RIGHT-OF-WAY ABANDONMENT A PORTION OF CANAL STREET, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT E, THE MOORINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2O, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.D7'36'16"W. ALONG THE EAST LINE THEREOF, SAID LINE BEING THE WEST RIGHT-OF--WA7 LINE OF SAID CANAL STREET, A D15TANCE OF #46.60 FEET; THENCE 5.83'D4'44"E., A DISTANCE OF 50.00 FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID CANAL STREET; THENCE N0T36~16°E. ALONG SAID EAST RIGHT-OF~-WAY LINE, A DISTANCE OF 151.69 FEET; THENCE S.89'59'i8"W ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT E, A DISTANCE OF SD.DD FEET TO THE POINT OF BEGINNING. CONTAINING 7,432 SQUARE FEET/0.1706 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTION5, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS--OF-WAY, EASEMENT5, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD_ 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF S.O7`36'16"W. ALONG THE EAST LINE OF LOT E, THE MOORINGS, AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS flF PALM BEACH COUNTY, FLORIDA 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WA5 COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY A5 SUCH. CERTIFICATE: I HEREBY CERTIFY TWAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JULY 23, 2008. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17~-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. ., CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING 7301A W. PALMETTO PARK ROAD -SUITE IOOA ti BOCA BATON, 1=LORIDA 33433 PHONE (56!)-392-1991 /FAX (561}-750-#452 DAVID P. MARINA WAY PROPOSED ROAD RIGHT-OF-WAY ABANDONMi~IT SIGETCH OF DESCRIPTION GISTEftE JI~VEYOR TATE OF B. 3591 LI NDLEY Q LANp N0. 5005 FLORIDA SHEET 1 OF 2 DATE 7 18 08 DRAWN BY JC F.B./ PG. N A SCALF AS Sk~OV~N JOB N0. 53895KOD • tt`~'I` b ~~.rJ S.E. SECOND STREET 50' RDAE~ RIGHT-OF-WAY (PLAT BOOK 1, PAGE 3) NORTH LINE OF LOT E POINT OF BEGINNING N.E. CORNER OF LOT E THE MOORINGS {PLAT BOOK 20, PAGE 27) EAST LINE DF LOT E {BEARING BASIS) A PORTION OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) O CO r- ~ ~ CD (p :~ 0 z U O z >- 0 ~. S89'59'16"W 50.45' t- w a ~~ J ~'~ Q~w Zo¢ Q~ Q U~^ w~~ O~~ Z~°,- O. ~ ~~~ o~ a oo• z Q U O z F~ >- cD o ~` ~° o ~- z Q oo~" REMAINDER OF LOT E THE MOORINGS (PLAT BOOK 20, PAGE 27) Ni 7RACOgS7q~~WA WAY {PLq~- B00~( 17 ~RWAY {NOT r0 ~~ ~~~ ~ sB} r „ CAULFIELD 8~ WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING " 0 7301A W. PAI-METTO PARK ROAD -SUITE IOOA ~" ~ SOCA RATON, FLORIDA 33433 PHONE (561)-392- I991 /FAX (561}-750-1452 MARINA WAY PROPOSED ROAD RIGHT-OF-WAY ABANDONMENT SKETCH OF DESCRIPTION sa3•o,q.~E 50.OD' -,~~~~ R~G~rr-oF-wA iN7RACpASTAL Wq (PLAT BODE( ? 7 FER ~ (nror ro SCALD ~ ) GRAPHIC SCALE (1N FEET) Q 3 ~_~ Q ~ ~r C~ ~O 4 ~><~ Q~r }` ~ o ~ ~ m° o'°~ Q NORTH Z 30 15 0 15 30 f SHEET 2 OF 2) DATE 7 23 08 DRAWN BY JC F.B./ PG. 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WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a portion of the Canal Street right-of--way (ROW), located at the southwest corner of N.E. 2"~ Street and the Intracoastal Wateraray, as more particularly described herein, and WHEREAS said application for abandonment of a general public right--of way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS pursuant to LDR Section 2.4.6(M){3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 15, 2008 and voted to to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6{M)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of--way, based upon positive findings pursuant to LDR Section 2.4.6(NI)(5). NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 1GG of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of way purposes, more particularly described as follows:. EXHIBIT "A" CONTAINING 0.17 ACRES, MORE OR LESS. PASSSED AND ADOPTED in regular session on this the day of , 2008. ATTEST: MAYOR City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: January 27, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 CONTRACT ADDITION (C.O. NO.S)/BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS ITEM BEFORE COMMISSION This item is before the Commission to approve Contract Addition Change Order No. 5 in the amount of $13,748.00 to BSA Corporation regarding the City Hall North Wing Renovations, City P/N 2006- 016. BACKGROUND BSA Corporation submitted the following proposals at the request of both Community Improvement and Planning and Zoning for modifications and additions to the scope of work currently underway within the North Wing of City Hall. Work includes additional carpeting within four (4) office areas and adjacent corridor with door replacement (formerly scheduled for replacement in future renovations, see Exhibit A), the removal and resealing of eight exterior facing windows (transoms continue to be source of water intrusion during adverse weather conditions, see Exhibit B), stucco crack repair to the exterior wall located at entrance to the newly remodeled north wing lobby (prior repairs were intended to conceal the unsightly condition, see Exhibit C) and the relocation of one (1) and addition of two (2) fire exit devices as requested by the Fire Department inspector during a recent life safety inspection (see Exhibit D). Also included is the replacement of a deteriorated office door in Community Improvement (see Exhibit E). FUNDING SOURCE Funding is available in account 334-6112-519-62.86, General Construction Fund/City Hall-North Wing & Chamber. RECOMMENDATION Staff recommends approval of Change Order No. 5 in the amount of $13,748.00 regarding the City Hall North Wing Renovations project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 5 PROJECT NO. 2006-058 DATE: PROJECT TITLE: City Hall Interior Renovation Phase I TO CONTRACTOR: BSA Corporation 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: Changes to the scope of work for additional carpet, glass & glazing, stucco repair and electrical per the attachments within. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 533,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 721,493.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,254,493.00 COST OF CONSTRUCTION CHANGES THIS ORDER $13,748.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,268,241.00 PER CENT INCREASE THIS CHANGE ORDER 2.58% TOTAL PER CENT INCREASE TO DATE 237.94 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. BSA Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:~EngAdmin~Projecti~2006~2006-058VOFFICIAUAgenda 2.03.09~B SA CO S.doc r~ I f u~~risci`nRS . :s~ ® 1! scarrnr~re rLOrr~r~ ~ ~~ro. '-- ok~'~c~ ^~, cai~more ;.34; ~~ ~@ui~. / sTna. c~~ i~a r I 3 '~ C023T+. STOA, ~ I,{kHF3Y 12£) i 317 WS I s IOS jl[6 f CRPY ~ ~ ~ lab 145 ~ ~ ~ ik4 . ~ ~ ST91~' ,., '113 ~y ~~ 1'M. ~~ ~ ~ j I ' i~~~,~,~ 11! . V RECSE'CIn7d ~ ~ 112 rr 104 __~ L. C~ ~ a ~-~- '~ coo f~. ~ ~,,,,, F ~ ..~ colnnr~ ~ {^ ~ 168 C~~ ~~6~°J ~ ,..~ 11C 3 ~, ~ C4IQFERL31~ ~ Dt~TC~ 5'CAF[~' pF1~IC7~ ' ~F> 1-2 ! 63 16B 1106 ~ 145 ~ 56i B~~ cor~sr>zuc ~onl nnnlvaGrlts CORPDRAT[ON COST ISSUE 1 PROPOSAL QUOTATION 9 NE 2nd Street Delray Beach, FL 33444 (Phone) 5E1-272-6350 (Fax) 561-272-7440 NO. 009r1 PROJECT: City Hafl Interior Renovation Phase I QUOTE NO.: 009r1 DATE QUOTED: 01/07/09 PROJECT NO.: J0701 ARCH. PROJECT NO.: 646909 DAYS ALLOWED FOR APPROVAL: 3 T0: Bob Diaz City of Deraly Beach 424 South Swinton Avenue Delray Beach, Fl_ 33444 (Phone) 561-243-7343 (Fax) 56f-243-7060 EXPIRATION DATE: 01/10/09 REQUESTED EXTENSION OF TIME IN DAYS: 0 DESCRIPTION: Provide labor and materials to remove and re-install Ehe carpet from four (4) offices and one (1) corridor as indica#ed on SK-1 dated 1107109 and as noted below: 1. Remove existing carpet and base 2. Install new commercial carpet (Glue dawn Installation) to match the carpet on the rest of the job. 3. install new Rappe 118 Gauge 6" vinyl cave base. (Color: Champagne 172} 4. We include the removal and replacement of desks, chairs, tables, and fife cabinets. Owner shall be responsible far the removal and repfacemen# of loose furnishings, cardboard boxes, papers, files, computers, phones, printers, office equipment, persona! effects, pictures, posters, tack boards, and other items affixed to Ehe walls. SUBCONTRACTORS !VENDORS SUB 1 VENDOR WORK DESCRIPTION AMOUNT: Heritage Carpet & Tile, Inc. BSA Corporation BSA Corporation BSA Corporation 905.3 Carpet & Vinyl Base 261.1 Rem & Repl Furnishings 215.1 Demolition 118.4 Trash removal On Site Supervision Overhead & Profit SELF PERFORMED WORK APPROVAL ARCH: DATE: OWNER: DATE: DISTRIBUTION REVIEWED PRESIDENT SR. PROJECT BY MANAGER SUBTOTAL: FEE PERCENT: INSUR. & BOND: 2.2% TOTAL REQUEST AMOUNT; $2,483 $1,122 $438 $250 $350 $449 $5,092 $0 $5,092 $112 $5,2x4 BSA CORPORATION Signed By; Rafael Almeida ,Project Manager Date: 117/09 PROJECT PROJECT MANAGER ADMINISTRATOR BR~l,K ~~ RECG~ F!TION 1 t2 f tad -~'~ CORRR3aR '~S t66 corrl~x~rrc>; or~°rCi; s~ca~ a~tc~ ~ ` ~~~ f02 103 f~5 106 ~S 3 ~ 0 ~ ~ tat ~ ~ ~ ~ ~~ BSA CONSTRUCTOION MANAOGER3 CORPORATION I COST ISSUE /PROPOSAL QUOTATION NO. 005r1~ PROJECT NO.: J0701 ARCH. PROJECT NO.: 646909 DAYS ALLOWED FOR APPROVAL: 3 EXPIRATION DATE: 02/01/09 To: Bab Diaz City of Deraly Beach 424 South Swinton Avenue Delray Beach, FL 33444 (Phone} 561-243-7343 (Fax) 561-243-7060 PROJECT: City Hall Interior Renovation Phase I QUOTE NO.: 005x1 DATE QUOTED: 01/29/D9 REQUESTED EXTENSION OF TIME IN DAYS: D Arovide labor and materials required to complete the following items as requested by the owner: 1. Remove existing storefront perimeter caulking from the stucco to the frame and vinyl seals from the glass to the frame at a total of 8 windows. 2. Install new perimeter Urethane sealant from the stucco waft to the existing frame, and install new silicone sealant in lieu of the vinyl seals from the glass to the frame at a total of 8 windows as per the attached SK-1 dated 92120108. Urethane sealant shall be Sikaflex 1A and the Silicone sealant shall be Dow 795. APPROVAL ARCH: DATE: OWNER: DATE: SUBCONTRACTORS l VENDORS SUB I VENDOR WORK DESCRIPTION AMOUNT: Aluminum & Glass poor Inc. 809.3 Glass and Glazing $2,5D0 On site Supervision $200 Qverhead & Profit $155 SELF PERFORMED WORK DISTRIBUTION SUBTOTAL: FEE PERCENT: INSUR. & BOND: 2.2% TOTAL REQUEST AMOUNT: 9 NE 2nd Street Delray Beach, Fl_ 33444 (Phone) 561-272-6350 {Fax} 561-272-744D $2,855 $0 $2,855 $63 $2,918 BSA CORPORATION Signed By: Rafael Almeida ,Project Manager Date: 1129109 REVEEWEb BY PRESIQENT SR. PROJECT MANAGER PROJECT MANAGi~R PROJECT AbMIN[STRATOR r E 3RE1 128 erg r INNER PLOTTER 1C'8 0: OE`FICE CORRIDOR taa kaa EQiT€5'. f STOR. C7FFICE f961 ~a~ STO. /' _. '~ v ( sz4~ ~,_ ~__. _ ~ ~ coRR. ~~~ t _ .... ..,.... ~~ ~--~ ~ ~ ~~ ~ ~~ ~~¢~ o rr~tcE ar~tc~ ws f'€ ii fl7 fiB ~`:- 7 I CD oF. ST 7R, ~ Y15 LOHBY ~-- °~ ~-~ IUS ~ __ EEe~ COPY ElE Y9S c E}4 S~T;AFF ~, L'~ Y75 SREAI{ Ett ' RECE$'110N }}a kna ___-~ caRamoR ~ ~~ ~- ~ e ~i©~ ___~~ Eta CONF'ERFNCE dFFICE STS OPTICS; EQ2 }p3 4315 F08 WS Zak. BSA CONS RUC~QN MAIVpGC•R5 CORPORATIRtJ APPROVAL ARCH: DATE: OWNER: DATE: SUBTOTAL: FEE PERCENT: INSUR. & BOND: 2.2% TOTAL REQUEST AMOUNT: I COST ISSUE /PROPOSAL QUOTATION NO. 006~I PROJECT NO.: J0701 ARCH. PROJECT NO.: 646909 DAYS ALLOWED FOR APPROVAL: 3 --- TD: Bob Diaz Ci#y of Deraly Beach 424 South Swinton Avenue Defray seach, FL 33444 (Phone) 561-243-7343 (Fax) 569-243-7060 PROJECT: City Hafl interior Renovation Phase I 1UOTE NO.: 006 DATE QUOTED; 01/26/09 EXPIRATION DATE: 01/29/09 REQUESTED EXTENSEON OF TIME IN DAYS: 3 Provide fabar and materials required to repair the stucco crack on the exterior south wall of roam 102 as requested by the owner, and as noted below: 1. Remove existing stucco as needed 2. Install wire lath over cracked area 3. Install new stucco (scratch coat) at cracked area. 4. Install new foam band with smooth finish 5. Re-spray wall to match exis#ing stucco finish 6. Re-paint exterior wal! from corner to corner where stucco repair was completed DISTRIBUTION SUBCONTRACTOR51YENDORS SUB 1 VIwNDOR WORK DESCRIPTION AMOUNT: Advanced Applicators, inc. 905.3 Stucco $2,5pp BSA Corporation 908.3 Paint $7Q0 BSA Corporation 118.4 Trash removal $350 BSA Corporation On Site Supervision $500 Qverhead & Profit $358 SELF PERFORMED WORK 9 NE 2nd Street Delray Beach, FL 33444 (Phone) 564-272-6350 (Fax) 564-272-7440 $4,408 $a $4,4as $97. $4, 505 BSA CORPORATION Signed By: Rafael Almeida ,Project Manager Date: 1126109 RevlewED PRESIDENT SR. PROJECT PROJECT PROJECT BY MANAGER MANAGER ADMINISTRATOR ~3C15$1NCs"' ~~ ti~ ~' ~V~C tI~E3I3Y 1 a1~ FbE'C1:;P:'!'lON 1~Q ~ ~F1oc~vte ~N V l ~E ,cnrr~a~lac~ ar~c~ 162 163 ~~~,. cnrrl'. s'ra1~.~ 1zn L11=7~ ws €1s _. _i COPY L!s7 ws 1E9 9TAI7'~~ ~ €i3 }~FViL~® Exs5*1 ?'PS I H1~F,Aj{ Ill Ef ~7t2 1- COR$II1p$ ~~ i{7E3 ~ ~ ~11fl ~~' ~~~~ ~6ViL>: 81AF`ir' n ~ os ~ ~~ ~ 6S BSA CONSTRUC ODN MANADG~RS CORPORATION 9 NE 2nd Street Delray Beach, FL 33444 (Phone) 561-272-6350 (Fax) 561-272-7444 COST ISSUE /PROPOSAL QUOTATION NO. 008r1 PROJECT NO.: J0701 ARCH. PROJECT NO.: 646909 DAYS ALLOWED FOR APPROVAL: 3 TO: Bob Diaz City of Deraly Beach 424 South Swinton Avenue Delray Beach, FL 33444 (Phone) 561-243-7343 {Fax} 661-243-7060 PROJECT: City Hall Interior Renova#ion Phase I QUOTE NO.: 008x1 PATE QUOTED: 09/27/09 EXPIRATION DATE: 01/30/09 REQUESTED EXTEN510N DF TIME iN DAYS: 0 DESCRIPTION: Provide Labor and materials to install two (2) new exit lights and relocate one (1) existing exit light as per the attached SK-1 dated 01106109, as directed by the fire inspector. APPROVAL ARCH: DATE: OWNER: DATE: DISTRIBUTION SUBCONTRACTORS !VENDORS SUB 1 VENDOR WORK DESCRIPTION AMOUNT: All Florida Generator Installations, Inc. 1601.3 Electrical $330 On Site Supervision $10D Overhead & Profit $32 SELF PERFORMED WORK SUBTOTAL: $452 FEE PERCENT: $0 $462 iNSUR. & BONA: 2.2% $10 TOTAL REQUEST AMOUNT: $472 BSA CORPORATION Signed By: Rafael Afineida , Projecf Manager Date: 1127109 REVIEWED PRESIaENT SR. PROJECT PROJECT PROJECT BY MANAGER MANAGER ADMINISTRATOR ~;~ ~ ~ oFF~cE oF~cE ~ Cie ~ ~~ u~ u STAFF # ii ~zr~ ~i'r~ ws I,aFIHY ~ Its cflrr z~s ws lI-0 S'I'AFF €1~ ~~ 1 ~ ®~ ~~~~ ~~ z~ ~ a x~cl<a~Ttarz Cc3RRIDOK ~s ~'°~ ~~n s CC3Nk'EREPICE OFFICE STAFF' OP'k'ICE } .4. ItS2 i.[13 106 165 ~S I ~ 10l. IBSA CORPORATION GENERAL CONTRACTORS CONSTRUCTION MANAGERS 9 NE 2nd Street Delray Beach, FL 33444 (Phone) 561-272-6350 (Fax) 561-272-7440 COST ISSUE /PROPOSAL QUOTATION NO. 011 PROJECT: City Hall Interior Renovation Phase I PROJECT NO.: J0701 QUOTE NO.: 011 DATE QUOTED: 01/29/09 ARCH. PROJECT NO.: 646909 TO: Bob Diaz DAYS ALLOWED FOR APPROVAL: 3 City of Deraly Beach 424 South Swinton Avenue EXPIRATION DATE: 02/01/09 Delray Beach, FL 33444 REQUESTED EXTENSION (Phone) 561-243-7343 (Fax) 561-243-7060 OF TIME IN DAYS: 0 DESCRIPTION: Provide labor and materials required to replace one (1) door to AI Berg's (Community Improvement Deputy Director) office as requested by Bob Diaz. Note: Price includes re-using the existing door hardware and hinges. New door shall be painted to match the rest of the job. SUBCONTRACTORS /VENDORS SUB /VENDOR WORK DESCRIPTION AMOUNT: Atlantic Doors and Hardware, Inc. 811.2 Wood doors $320 BSA Corporation Labor to install Door & Hardware $100 Harpy Corporation d/b/a Phoenix Painting 908.3 Paint $120 BSA Corporation 123.4 Trash $50 Overhead & Profit $45 SELF PERFORMED WORK APPROVAL SUBTOTAL: $635 ARCH: FEE PERCENT: $0 $635 DATE: INSUR. & BOND: 2.2% $14 OWNER: DATE: TOTAL REQUEST AMOUNT: $649 BSA CORPORATION Signed By: Rafael Almeida ,Project Manager Date: 1 /29/09 REVIEWED PRESIDENT SR. PROJECT PROJECT PROJECT BY MANAGER MANAGER ADMINISTRATOR MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: January 28, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND Ms. Pamela Williams (At Large Representative) was removed from the Neighborhood Advisory Council due to missing three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired term ending on July 31, 2010. The appointment should be made for a term ending on July 31, 2010 to comply with the expiration date required in the City Code. There is also a vacancy for Zone 2, but no applications have been submitted for this particular zone. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individual has submitted an application and would like to be considered for appointment. See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercatur Guerrier. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of one (1) At Large Representative to serve an unexpired term ending on July 31, 2010. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant At Large Representative Annie Adkins Roof Kristen Albanese Mark Behar (currently serving on the Code Enforcement Board) Wyana Claxton Margherita Downey Gerald Franciosa (also applying for the Code Enforcement Board) Jennifer Garrison Mercatur Guerrier Hansford Higginbotham Isabel Make Pearl Markfield Elrod (also applying for the Code Enforcement Board) Harriet Meltzer William Milner Bryce Newell (currently serving on the Board of Adjustment) Darla Sernoff Kathy Shackman James Smith Subdivision Captains Walk N/A Lees Crossing Tropic Bay Town of Delray Tropic Isles Pineridge Heights Delray Estates Lake Forest South Estuary Town of Delray Rainberry Bay Chatelaine N/A Coastal House Sabal Lakes Banyan House 10/08 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Une%P APPPt 08/21/07 Reapptl0/16/07 10/31/10 Zone 2 Vacant 10/31/10 Zone 3 Linda Laurence Leib Une%p Appt10/17/06 Reapptl0/16/07 10/31/10 Zone 4 Harold Van Arnem Appt10/16/07 07/31/11 Zone 5 Gail-Lee McDermott Une%p 03/03/08 Reapptl0/07/08 07/31/11 Zone 6 Linda Prior Une%p Appt 02/20/07 Reapptl0/07/08 07/31/11 Zone 1 Ria Santos Une%p Appt12/11/07 Reapptl0/21/08 07/31/11 Zone 2 Mary-Elizabeth Cohn Appt10/21/08 10/31/09 Zone 3 Shirl Fields Appt10/17/06 10/31/09 Zone 4 Claudia Flores Appt10/17/06 10/31/09 Zone 5 Matthew Hartley Appt10/17/06 10/31/09 Zone 6 Joseph Kamarata, Chair Appt10/17/06 07/31/10 At Large Vacant Re resentative 07/31/11 At Large Patricia Westall Une%p Apps 04/19/05 Representative Reapptl0/25/05 Rea t10/07/08 10/31/09 At Large Charles Stravino Appt11/04/03 Representative Reapptl0/17/06 07/31/09 Student Vacant 07/31/09 Student Vacant S/City Clerk/Board 08/Neighborhood Ad~risory Council CITY OF DELRAY BEACH, FLORIDA IVeigh,borhood Advisory Council -Appointment Zones ...~ ~~ CITY CtF DFZRAY 8EAC1{ FL ALADO~IAYG 6 ZONYNG DEPAATMIBIVI' MARCH 2006 „- _, . ~ ONE MILE ~ CRY LIMB •~~~~~~~~~~~~ -•OIGR'ALBA9EliMPSYSTAf-- GRAPHlC SCALE --- --- # -AREA IV[AMBER MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: January 28, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Parking Management Advisory Board. BACKGROUND The term for Mr. Troy Wheat, Citizen-at-Large Representative, expired on January 31, 2009. Mr. Wheat served two (2) full terms and is not eligible for reappointment. One (1) appointment is needed for aCitizen-at-Large Representative to serve a two (2) year term ending on July 31, 2011. The appointment should be made for a term ending on July 31, 2011 to comply with the expiration date required in the City Code. The Parking Management Advisory Board was established by by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: attached: See Exhibit "A" A check to confirm that all are registered voters was completed. All are registered with the exception of George Brewer. A check for code violations and/or municipal liens was conducted. None were found with the exception of Ms. Vanessa Grant who owes $301.88 to the Utility Billing Department for approximately four (4) months of service. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) Citizen-At-Large Representative to serve on the Parking Management Advisory Board for a two (2) year term ending on July 31, 2011. RECOMMENDATION Recommend appointment of one (1) Citizen At Large Representative to serve a two (2) year term ending on July 31, 2011. PARKING MANAGEMENT ADVISORY BOAD EXHIBIT A George Brewer Gerald Franciosa Bruce Gimmy Vanessa Grant Nancy Lierle Eileen Marks (currently serving on the Nuisance Abatement Board) Mel Pollack Cheryl SYiaffner 01/09 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 08/31/09 Charles Halberg P & Z appt08/20/07 Ratified 10/2/07 07/31/10 David Cook Chamber of apps o~/1a/°~ Commerce Ratified 08/15/06 Reappt06/02/08 Ratified 08/05/08 07/01 /09 William Branning CRA appt07/26/07 Ratified 08/21/07 07/31/10 Peter Perri WARC Une%p appt05/10/06 Ratified 07/11/06 Reappt09/13/O6reg Ratified 12/12/06 Reappt07/09/08 Ratified 10/21/08 07/31/10 ran Marincola apps o~/zo/o~ DDA Ratified 08/15/06 Reappt07/14/08 Ratified 08/19/08 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 01/31/10 Mark Denkler, Vice Chair Atlantic Avenue Corridor apps oz/z1/°~ Between Swinton Avenue Reappt0l/15/08 and the Intracoastal 01 /31 / 10 Alan Kornblau Atlantic Avenue Corridor une%p apps o1/o3/oa Between Swinton Avenue and Interstate 95 01 /31 / 10 John Gergen Atlantic Avenue and State une%p apps o5/o~/oa Road AIA Corridors and lying East of the Intracoastal Waterway 01/31/10 Cecelia Boone Old School Square Une%p appt 03/21/06 H1Storlc Arts D1Strlct Reappt0l/15/08 07/31/11 Nancy Schneider Citizen-at-Large appt0l/02/07 Reappt0l/20/09 01/31/09 Troy Wheat, Chair Citizen-at-Large appt 01 /06/04 Une%p Reappt0l/04/05 Reappt0l/02/07 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 01/09 TERM MEMBERS CATEGORY EXPIRES 07/31/10 Joe Pike Appt08/18/06 P Ratified 10/3/06 Reappt07/21/08 Ratified 08/19/08 08/01/08 Chamber of Commerce acant 07/31/10 Peter Arts Appt O6/08/06 CRA Ratified 07/11/06 Reappt06/26/08 Ratified 08/05/08 07/31/10 Jimmy Weatherspoon appto~/~~/oa WARC Ratified 10/21/08 07/31/10 Herman Stevens DDA Une%p Appt06/12/06 Ratified 07/11/06 Reappt07/20/06 Ratified 09/05/06 Reappt07/14/08 Ratified 08/19/08 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner GarS~ Eliopoulos MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 28, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 ORDINANCE N0.02-09 ITEM BEFORE COMMISSION Consideration of aprivately-initiated amendment to the land development regulations to allow non- eligible applicants to occupy workforce housing units under certain conditions. BACKGROUND This ordinance was approved at first reading at the January 20, 2009 Commission meeting. The Commission supported a revision that was recommended by the Planning and Zoning Board to require that when non-eligible candidates rent workforce units, such units become non-workforce, and future vacant units change from non-workforce to workforce units, with a maximum of 25% being maintained as workforce. Staff added language for clarification to ensure that if less than 25% of the total units are occupied by workforce eligible occupants, then each subsequent vacant unit must be marketed to workforce candidates until all required workforce units are rented to eligible occupants. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 8, 2008. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. This recommendation was made with the condition that Paragraph (o) be modified as discussed above. RECOMMENDATION By motion, recommend approval on second reading Ordinance No. 02-09 for aprivately-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 02-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.7, "FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL PROVISIONS, BY ENACTING A NEW SUBSECTION "O" TO ALLOW NON-ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 8, 2008 and voted seven to zero to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending Section 4.7.9, "General Provisions", by adding subsection "o", to read as follows: Section 4.7.9 General Provisions a. If not located offsite, all workforce housing units constructed or rehabilitated under this program shall be situated within the development 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. b. Workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and 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. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: The proportion of 1 bedroom workforce units to total workforce units may not exceed the proportion of 1 bedroom market rate units to total market rate units. ii. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. iii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+ bedroom workforce units are provided. iv. The proportion of 4+ bedroom workforce units to total workforce units must meet or exceed the proportion of 4+ bedroom market rate units to total market rate units. v. 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. vi. 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 2 ORD. NO. 02-09 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%) of the "for sale" units as workforce housing units. vii. Notwithstanding Section 4.7.9 c. i., ii., iii., iv. and v. above, in the Southwest 10tH Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale in an amount not to exceed $225,000.00 and 25% of the workforce housing units may be 2 bedroom units offered at the low income affordability rate. d. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the workforce housing units. f. All fractional bonus densities shall be rounded down. g. The City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City. h. No efficiency or studio type units shall be allowed under the family/workforce housing program. The total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both family/workforce units and market rate units. Workforce Housing Units constructed according to this policy shall be protected for subsequent resale or rental to Workforce Households whose income does not exceed the applicable AMI by deed restrictions or by other equivalent and effective methods. Conversions of rental units to owner occupied units or vice versa shall require the subsequent rental or sale to be for the same workforce housing income category. k. Workforce Housing Units constructed according to this policy shall only be rented or sold as a primary residence. 3 ORD. NO. 02-09 A deed restriction on a form acceptable to the City Attorney shall be recorded in the Public Records of Palm Beach County. In addition to other restrictions therein contained, said deed restriction shall prohibit any subletting or assignment of the respective Workforce Housing Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under which the unit is originally approved. For the purpose of this section, household income is determined by the cumulative income of all tenants or purchasers under one roof. In addition, said deed restriction shall limit the maximum permitted resale price to the initial sale price of the Workforce Housing Units, increased at the same rate as the Palm Beach County median income has increased from the initial date of purchase. Prior to the closing on any sale, resale or prior to any rental of any workforce housing unit, the City shall be notified of the sale, resale or rental. m. For both sale and rental of Workforce Housing Units, affordability and occupancy restrictions shall remain in effect for 40 years and 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 35 years after recording of the restrictions and said demolition or destruction was unintentional, restrictions on the units in the structure shall terminate on demolition or destruction. n. Nothing requires a workforce household to vacate a rental workforce housing unit or sell a workforce housing unit if the tenant(s) or purchaser(s) income later exceeds AMI. o. Workforce housing rental units shall be marketed continuously as workforce housing units. In the unlikely event that, notwithstanding the marketing efforts outlined in a specific Covenant agreement, the total number of occupied workforce housing units does not equal the required 25% and , as to workforce units which have remained vacant for 45 davs 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 vear any rents actually received from the non-eligible occupants of the workforce units for that vear in excess of the rents that would have been received from Eligible Occupants for such workforce units based on workforce rents at the time of the si~nin~ of the lease ("Excess Rental Payment"). Excess Rental Pavments shall accrue only for periods in which the required 25% is not satisfied. No later than 20 davs following the end of the month, the Developer shall provide the DBHTF with a monthly statement hi~hli~htin~ those units which require Excess Rental Pavments. No later than 30 davs following the end of the vear the Developer shall provide the DBHTF with an annual statement and shall 4 ORD. NO. 02-09 submit the amounts due to the DBHTF within thirty(30) days following written notice from the DBHTF of its approval of each annual statement. The workforce units rented to non-eligible occupants will be considered Workforce Housing Units for the purposes of complyin~ with this Ordinance, but only until the next vacant unit is rented to an eligible candidate, at which time the non-eligible unit will cease to be considered a Workforce Housing Unit. If less than 25% of the total units are occupied with workforce eligible occupants, then each subsequent vacant unit shall be marketed to workforce eligible applicants pursuant to an approved marketing and advertising plan until all required workforce units are rented to eligible occupants. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 MAYOR Attest: City Clerk First Readin Second Reading ORD. NO. 02-09 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 15, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE NO. 02-09 ITEM BEFORE COMMISSION Consideration of aprivately-initiated amendment to the land development regulations to allow non- eligible applicants to occupy workforce housing units under certain conditions. BACKGROUND Depending upon the geographic location in the City, current provisions of the City's Family/Workforce Housing regulations require either 20 or 25% of units to be designated as workforce housing when such housing is a requirement for a development. The 20 and 25% requirements apply to both owned and rented units. To prevent workforce housing rental units from remaining vacant due to the inability to find eligible applicants, this ordinance introduces some flexibility. Following are the main points of this new provision: *The required Workforce Housing units must be continuously marketed as Workforce Housing units. *A Workforce Housing unit that has remained continuously vacant for 45 days may, as an option, be rented to anon-eligible applicant. *The rental rate must be the market rate, with the difference between the workforce rate and the market rate being deposited with the City into the Delray Beach Housing Trust Fund. Previous versions of this ordinance contained an absolute minimum of 15% that would always be available for workforce housing eligible candidates. However, this version of the ordinance does not set a minimum occupancy level by workforce housing income level candidates. This would allow a developer to buy out of their workforce obligation each and every year. While the applicant will argue a minimum threshold is problematic for this project (Historic Depot Square) due to funding issues, it is important to note that this amendment is not project specific and would apply to all City workforce housing projects. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 8, 2008. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. This recommendation was made with the condition that Paragraph 4.7.9 0. be modified so that a workforce unit rented to anon-eligible occupant will be counted as anon-workforce housing unit during the duration of the rental terms at any time when any other units become vacant. The vacant unit then becomes a workforce housing unit, so long as it does not exceed the 25%. It is noted that the current ordinance does not contain this modification. Therefore, staff is recommending the attached ordinance be modified to include a minimum of 15% workforce unit occupancy by eligible candidates and modifications as recommended by the Planning and Zoning Board. RECOMMENDATION By motion, approve Ordinance No. 02-09 on first reading for aprivately-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fmding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations if the following modifications are made: Provide a minimum of 15% for occupancy by workforce housing income level candidates. 2. Provide language to require that when non-eligible candidates rent workforce units, such units become non-workforce, and future vacant units change from non-workforce to workforce units, with a maximum of 25% being maintained as workforce. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF APRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.7, "FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL PROVISIONS", TO ALLOW NON-ELIGIBLE APPLICANTS TO OCCUPY WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately-initiated amendment to Land Development Regulations (LDRs) Section 4.7, Family/Workforce Housing," Subsection 4.7.9, "General Provisions", to allow the rental of workforce housing units to ineligible candidates after 45 days of unsuccessfully marketing to eligible candidates. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS This amendment was discussed by the Planning and Zoning Board at their July 21, 2008 meeting and tabled. The Board raised several concerns and questions, and requested staff that would be monitoring and implementing this program to attend a future Planning and Zoning Board meeting to help answer their questions. The following information is unchanged from the July meeting and is offered to reacquaint the Board of this proposal: Depending upon the geographic location in the City, current provisions of the City's Family/Workforce Housing regulations require either 20 or 25% of units to be designated as workforce housing when such housing is a requirement for a development. The 20 and 25% requirements apply to both owned and rented units. To avoid workforce housing rental units from remaining vacant due to the inability to find eligible applicants, this ordinance introduces some flexibility. Following are the main points of this new provision: ^ The Workforce Housing units must be continuously marketed as Workforce Housing units. ^ The Workforce Housing unit that must remain continuously vacant for 45 days may exercise the option of renting the unit to a Workforce Housing non-eligible applicant. ^ The rental rate must be the same as if the applicant were deemed to be an eligible applicant. ^ The unit will still be considered a Workforce Housing unit for the term of the rental term. ^ In no event shall there be less than fifteen percent (15%) of the total project units occupied by Eligible Workforce Housing Occupants. Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Workforce Housing Rentals Following is a list of the questions/concerns raised by the Board at their July 21St meeting and commentary based upon the resubmitted material by the applicant: How is marketing of the workforce units intended? The applicant has provided the attached "Marketing and Advertising Plan." Included in this Plan are specifics regarding: ^ Matching advertising to the target customer ^ Advertising in various apartment shopper guides ^ Advertising over the Internet ^ Use of direct mail ^ Signs placed at strategic locations ^ Incentives for resident referrals ^ Realtor/locator referral fees ^ Competitor camaraderie ^ Implementation of an outreach program ^ Brochures, collateral, and merchandise ^ Workforce Housing Marketing Campaign Would someone responsible for monitoring this program attend the next meeting on this item to explain the difference in the monthly rental of a workforce unit versus amarket-rate unit? What is the difference, and does the City maintain a list of eligible candidates? Elizabeth Alpert, the City of Delray Beach Neighborhood Services Administrator, will be attending to answer the Board's specific questions regarding the monitoring and implementation of this program. The City does not maintain a list of eligible candidates. It should also be noted that the current version of the ordinance requires 25% of the total units to be occupied by workforce candidates. If the percentage falls below 25%, those units could be rented at full market rate, and the difference must be paid to the Housing Trust Fund (a minor correction is needed in the current ordinance draft to use Housing Trust Fund as opposed to the Delray Beach Community Land Trust, or DBCLT). This eliminates the incentive of a rental management company from simply waiting 45 days to rent to someone at the reduced workforce rate. Different from the previous ordinance version, this ordinance does not seta minimum for occupancy by workforce housing income level candidates. The previous version set a minimum percentage that must be occupied by workforce housing income level candidates. Lack of a minimum could result with none of the units occupied by workforce housing income candidates. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following sections of the Comprehensive Plan are relevant to the proposed ordinance: 2 Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Workforce Housing Rentals Obiective B-1 The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufactured and mobile homes. Obiective B-2 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 this Element. Objective B-3 The Community Improvement Department and the Planning and Zoning Department will work to streamline the permitting process and minimize costs and delays for housing, especially affordable housing. These departments shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. Policy B-3.2 The City shall continually monitor its development review practices to ensure that applications are being processed in a timely manner, and shall regularly implement new programs and technological improvements to expedite the review and approval process. This amendment is consistent with the Comprehensive Plan as it continues the Family/Workforce Housing Program in the City. This provision is a reasonable accommodation for rental developments to allow occupancy of workforce units by non-eligible workforce housing applicants after unsuccessful marketing efforts of 45 days or more. There is no monetary benefit to the rental complex (other than having the unit occupied) since the rental rate must be at the market rental rate with the City receiving the difference. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, amending Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non-eligible applicants to occupy workforce housing units under certain conditions, by adopting the findings of fact and law 3 Planning and Zoning Board Meeting, December 8, 2008 LDR Amendment -Workforce Housing Rentals contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, amending Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non-eligible applicants to occupy workforce housing units under certain conditions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, amending Section 4.7, "Family/Workforce Housing", subsection 4.7.9, "General Provisions", to allow non- eligible applicants to occupy workforce housing units under certain conditions, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M), subject to reference to the Delray Beach Community Land Trust be changed to the Housing Trust Fund. attachments: ^ Cover letter from applicant dated October 29, 2008 ^ Marketing and Advertising Plan ^ Proposed ordinance 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 28, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 ORDINANCE N0.04-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated ordinance amending Chapter 32, "Departments, Boards and Commissions", Section 32.09, "Expiration of Terms; Commencement of Terms", in order to substitute `Board of Adjustment" for `Board of Construction Appeals" and to update the references to other Boards. BACKGROUND At the first reading on January 20, 2008, the Commission passed Ordinance No. 04-09. RECOMMENDATION Recommend approval of Ordinance No. 04-09 on second and final reading. ORDINANCE NO. 4-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF TERMS", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS" AND TO UPDATE THE REFERENCES TO OTHER BOARDS; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the CitS~ Commission of the CitS~ of Delra~~ Beach, Florida, combined the Board of Adjustment and the Board of Construction Appeals into one board called the Board of Adjustment on October 16, 2007 ;and WHEREAS, the CitS~ desires to remove an~~ outdated references to the Board of Construction Appeals from its Code of Ordinances and to update the references to other boards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 32, "Departments, Boards and Commission", Section 32.09, "Expiration of Terms; Commencement of Terms" of the Code of Ordinances of the City of Delra~~ Beach, Florida, is hereb~~ amended to read as follows: Sec. 32.09. EXPIRATION OF TERMS; COMMENCEMENT OF TERMS. (A) Expiration of Terlnr. All advisory board, Committee (regular and ad hoc), and task force appointments shall expire as follows: (1) Board of Adjustment, > > Site Plan Review and Appearance Board, Planning and Zoning, and Historic Preservation Board memberships shall expire at 12:00 midnight on August 31. (2) All other Board, Committee (regular or ad hoc) and task force memberships shall expire at 12:00 midnight on July 31, except for the Civil Service Board, Code Enforcement Board, Community Redevelopment Agenc~~, Downtown Development Authority, Delra~~ Beach Housing Authority, Police and Fire Pension Board, and the Public Emplo~~ees Relations Commission which are governed b~~ Florida Statutes or Special Act. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2009. MAYOR ATTEST: CitS~ Clerk First Reading Second Reading 2 ORD. NO. 4-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 6, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE NO. 04-09 ITEM BEFORE COMMISSION Ordinance 04-09. BACKGROUND The City Commission previously combined the Board of Adjustment and Board of Construction Appeals into one board titled the Board of Adjustment. The attached Ordinance 04-09 amends Section 32.09(A) of the Code of Ordinances in order to substitute "Board of Adjustment" for "Board of Construction Appeals". An obsolete reference to the Community Appearance Board is also being updated to reference the correct title as the Site Plan Review and Appearance Board. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 30, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 ORDINANCE NO.OS-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated ordinance amending Ordinance No. 43-03 in order to include a new study regarding retail-only adult entertainment establishments in the legislative history of the ordinance. BACKGROUND At the first reading on January 20, 2009, the Commission passed Ordinance No. OS-09. RECOMMENDATION Recommend approval of Ordinance No. OS-09 on second and final reading. ORDINANCE N0.05-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY ADULT ENTERTAINMENT ESTABLISHMENTS IN THE LEGISLATIVE HISTORY OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, this ordinance is enacted Linder the home rule of power of the City of Delray Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach; 'hereafter the "City' and WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, prior to approving Ordinance 43-03, considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community and desires to update this list to include a new study regarding the secondary effects of retail-only adult entertainmealt establishments. The list is hereby amended as follow: 1. Cityof Renton v. Playtirre Theaters, Ire, 475 U.S. 411 (1956), rda. denied, 475 U.S. 1132. 2. Youngv. A~r~ricanMini-Theaters, Inc., 427 U.S. 50 (1975), rda. denied, 429 U.S. 873. 3. Barnes v. Glen Theater, Inc, 501 U.S. 560 (1991). 4. Cityof Los Andes v. Alameda Books, Ire, 535 U.S. 425,122 S.Ct. 1728,152 L.Ed 2d 670 (2002). 5. Bass Capital, Ire v. Cityof Casselberry,187 F.3d 1251 (11~ Cir.1999). 6 Report on Zoning and Other Methals of Regulating Adult E ntertainrrent in Amarillo, (Texas) dated September 12,1977. 7. Regulation of Crimir~l Actiutyar~l Adult Businesses, City of Phoenix, May, 1979. 8. Findings of the City Planning Commission of the City of New York dated January 26,1977. 9. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10,1977. 10. Report to the City Planning Commission and City Council from the P1arnling Departrrrent of the City of Beaumont, Texas dated September 14,1982. 11. L egislatize Report on an Ordinar~e Am~ding Section 28-73 of the Cade of Ordinances of the City of Houston, Texas; l'roziding for the Regulation of Sexually Oriented Corrnr~raal E nterprises, Adult Badcstor~, Adult Mazie Theaters ar~d Massa E stablishmevds; and Mak ing V arwus 1'rozisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 12. Report on Adult Oriental Busir~ in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19,1986. 13. Adult E ntertainrraent Busir~ in Ok lal ~oirc~ City. A Survey of Rawl Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986. 14. Adult E ntertainrrent Busir~ses in Ind~anapdis. An analysis prepared by the Department of Metropolitan Development dated February,1984. 15. Palm Beach County Sheriff's Office report dated April,1998. 16. Director's Report: Proposed Land Use Cade Text An~ndmmt, Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington Dated March 24,1989. 17. Report to the A~r~riaan Center for L award Justice on Seamdarylm~acts of Sex Oriented Businesses, Peter R. Hecht, Ph.D, March 31,1996. 18. Adult Busir~ Study in Town and V illa~ of E llimttulle, Cattaraugus County, New York. An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January,1998. 19. Adult Use Study in Newport News, Virginia. An analysis prepared by the Departmealt of Planning and Development of the City of Newport News, Virginia Dated March,1996. 20. Meircorandum of L aw on Adequate Alterr~tize Azenues of Co~rnr~unity for Sex~lly Oriented Busir~sse;. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and Families. Dated October 1,1995. 2 ORD. N0.05-09 21. of sexually oriented businesses on market values and the secondary effects of "offsite" sexually oriented businesses prepared by Connie S. Cooper, FAICP, Eric Damian Kelly PhD., FAICP, and Richard McCleary PhD. dated Tune, 2008. Section 1. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent j urisdiction 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 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this day of 2009. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD. N0.05-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 6, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORDINANCE NO. OS-09 ITEM BEFORE COMMISSION Ordinance OS-09. BACKGROUND The attached Ordinance OS-09 amends Ordinance 43-03 in order to include a new study regarding retail- only adult entertainment establishments in the legislative history of the ordinance. RECOMMENDATION The City Attorney's Office recommends City Commission approval. MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: January 29, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 ORDINANCE N0.08-09 ITEM BEFORE COMMISSION The item before the Board is that of approval of an amendment the Land Development Regulations to provide for a one hundred dollar ($100) increase in the application processing fee for Single Family Overlay District Site Plan Review applications and change the name to North Beach/Seagate and Ocean Neighborhood Overlay District Review. BACKGROUND The proposed amendments are to Section 2.4.3(K)(1)(bb)fee schedule, to note the new fee of one thousand five hundred sixty dollars ($1,560) and modify the fee category to "North Beach/Seagate and Ocean Neighborhood Overlay District Review". This change is necessary in order to maintain consistency with the renewed contract agreement fee charged by Urban Design Kilday Studios while the name change is to maintain consistency with the development application reference. REVIEW BY OTHERS On January 26, 2009, the Planning and Zoning Board unanimously recommended approval and adopted the findings of fact and law contained in the staff report and found that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M)(5) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 08-09, amending Land Development Regulations (LDR) Section 2.4.3(K)(1)(bb), to increase the application processing fee for Single Family Overlay District Site Plan Review applications and change the name to "North Beach/Seagate and Ocean Neighborhood Overlay District Review", with second reading and adoption to occur on February 17, 2009. ORDINANCE NO. 08-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS DF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.3(K}, "FEES", SUBSECTION (1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE APPLICATION PROCESSING FEE FOR SINGLE FAMILY OVERLAY DISTRICT SITE PLAN REVIEW APPLICATIONS AND THE RENAMING OF THE OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 26, 2009 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4}(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Scction 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3{x), "Fees", Subsection (1), "Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applica#ions: The following fees shall be charged for development applications. Alf fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a} Comprehensive Pfan Amendment $ 2,500 (b) Review of a ADAIDRI $ 3,640 Modification of a DRi $ 1,215 (c) Voluntary Annexation with Zoning $ 1,105 (4} (d} Rezoning of Land $ 2,000 (e) Modification of a SAD Ordinance to add a use or uses $ 2,000 (f) Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 610 (g) Master Plans $ 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan (Section 2.4.1(B)j $ 610 {i} Similarity of Use $ 305 (j} Site Plan Review: Class I {Non-Impacting Modification) $ 110 Class II (Non-Impacting with Board Review} $ 225 Class CII (Minor Modification) $ 550 (1) Class IV (Major Modification} $ 915 (1) Class V {New Submission) $ 1,215 (1) {k} Extension requests for a previous conditional use or site plan approval (12) Class I Site Plan Modification $ 55 Class Il Site Plan Modification $ 115 Class III Site Plan Modification $ 275 Class IV Site Plan Modification $ 430 Class V Site Plan $ 610 Conditional Use $ 750 Conditional Use Modification $ 305 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 (I) Plats Minor Subdivision $ 915 (1 } Major Subdivision $ 1,825 (1) Plat Recording Fee (3) 2 ORD. NO. 08-09 {m) Abandonments Right-of-way General Easements Specific Easements {n} Master Sign Program (o} Variances Board of Adjustment Historic Preservation Board (p) Formal interpretation by the Board of Adjustment {per item) (q) Certificate of Appropriateness by Board Minor Development Major Development (r) Certificate of Appropriateness by Staff (s) Request for Historic Designation Request for Change of Historic Designation or Classification $ 750 $ 370 $ 185 $ 150 $ 500 $ 250 $ 60 $ 60 {14} $ so (2) $ 555 (1) $ 0 (13} $ 60 {per property} $ 60 (per property) {t} Hearing before the Board of Adjustment $ 60 (per item) $ 60 (u} Temporary Use Request involving City Commission $ 130 Action (v} Water Service Agreement Request - -without concurrent site plan - -with concurrent site plan (w} Land Development Regulations Text Change (x} Waivers and Internal Adjustments (y} Appeals by Applicant (z) Advertising $ 130 $ D $ 1, 500 $ 130 per request (6) $ 250 per request (7) $ 335 {8) {9) 3 ORD. NO. OS-09 (aa) Zoning Verification Letter $ 120 (bb} ~Tl~i-i~rni~~ i..hY~~~-L~ts~rin4 Ciao ~[~n C}~t~ $ ~r`~lly (1 } North BeachlSea ate and Ocean Nei hborhood Overla 1 560 District Review (cc} Application Fee for In-Lieu Of and Public ParCcing Fee $ 225 (10} Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review} $ 0 Ad Valorem Tax Exemption {Review after CO received for approved development} $ 60 NOTES: (1} Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 far the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. {4) 1=ee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. {5) Same fee that would apply for site plan modification. {6) Far requests made during the site plan 1 master plan review process. {7) Far requests made subsequent to the site plan 1 master plan review process. {8) Includes appeals of both administrative decisions and Board actions. (S) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shalt provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days {4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or pubiication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site pian modification. (11) Recording fees of any documents shall be paid by the Applicant. (12) Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. {14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, andlor Conditional Use. Section 4. That should any section or provision of this ordinance or any portion thereof, 4 OAD. NO. 08-09 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision sha11 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 immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and fnal reading on this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reading 5 ORD. NO. OS-09 PLANNING AND ZONING BOARD STAFF REPQRT MEETING DATE: JANUARY 26, 2009 AGENDA NO: 111. C. AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1)(bb) TO INCREASE THE APPLICATION PROCESSING FEE FOR SINGLE FAMILY OVERLAY DISTRICT SITE PLAN REVIEW APPLICATIONS AND ASSOCIATED RENAMING TO NORTH BEACHISEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICT REVIEW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -- ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City_initiated amendment to Land Development Regulations (LDRs) Section 2.4.3{K}(1)(bb). This section references the application processing fee far projects located within the North BeachlSeagate and Ocean Neighborhood Overlay Districts. The proposed changes include increasing the site plan development review fee from $1460 to $1560 to accommodate a $100 increase in the Urban Design Kilday Studios compliance review for compatibility with the Beach Property Owners Design Manual. In addition, the associated LDR text reference will be renamed from "Single Family Overlay District Site Plan Review" to "North BeachlSeagate and Ocean Neighborhood Overlay District Review" far consistency with the development application. Pursuant to Section 1.1.6(A), an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGR~UND'AND ANALYSIS , , `- On October 14, 2008, Urban Design Studios {UDS) and Kilday & Associates, both of West Palm Beach, Florida, merged to create Urban Design Kilday Studios (UDKS). The annual renewal of the contract agreement with the new "Urban Design Kilday Studios" includes a $100 increase in their Beach Property Owners Design Manual compliance review which was previously $850. Although the entire $1560 fee is collected by the City, $950 is directly passed through to Urban Design Kilday Studios {UDKS) and the City retains the additional $610 in fees for their internal review ($610 City + $950 UDKS= $1560). The proposed amendments are to Section 2.4.3{K)(1)(bb), fee schedule to note the new fee of $1560 and modify the fee category to "North BeachlSeagate and Ocean Neighborhood Overlay District Review". 'REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(M}{5}, approval of any LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Planning and Zoning Board Memorandum Staff Report -January 26, 2009 LDR Text Amendment Increasing Beach Overlay District Application Review Pees -- -- ASSESSMENT A-ND CONCLUSION The purpose of this City-initiated LDR text amendment is to increase the development review fee associated with projects located within the North BeachlSeagate and Ocean Neighborhood Overlay Districts. This change is necessary in order to maintain consistency with the renewed contract agreement fees changed by Urban Design Kilday Studios. As noted in this staff report, findings are consistent with LDR Section 2,4.5(M)(5) and the Comprehensive Plan. E RECOMIVIEN~ED ACTION 1 By motion, recommend to the City Commission approval of this amendmen# to the Land Development Regulations Section 2.4.3(K}(1)(bb}, regarding an increase to single family development review fees and reference to the North BeachlSeagate and Ocean Neighborhood Overlay Districts, 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(M){5} of the Land Development Regulations. Atfachmenf: Draft Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: January 7, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF FEBRUARY 3, 2009 ORDINANCE N0.09-09 ITEM BEFORE COMMISSION City Commission is requested to approve a revsion and update of various sections of Chapter 96 of the City Code of Ordinances. BACKGROUND The Florida Fire Prevention Code is revised and updated by the state every three (3) years. Section 633.025 (4) of the Florida Statutes identifies the procedure a municipality must follow to amend the Florida Fire Prevention Code. This section states that any local amendments sunset every three (3) years and therefore must be re-authorized. RECOMMENDATION Recomend that the City Commission approve the ordinance. ORDINANCE NO. 09-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 96.03, "ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED", 96.05, "FIRE HYDRANTS", 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", AND 96.46, "ABOVE GROUND INSTALLATION" TO UPDATE THE CITY'S CODE OF ORDINANCES IN ORDER TO REFLECT RECENT CHANGES IN THE FIRE PREVENTION CODE STANDARDS; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of Ordinances to reflect recent changes in the Fire Prevention Code Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 96.03, "Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases to be Restricted" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 32.09. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES TO BE RESTRICTED. The limits referred to in ~ Chapter 69 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, shall be in accordance with the zoning ordinances. Section 2. That Section 96.05, "Fire Hydrants" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) All fire hydrants shall be placed in a position so as to be accessible at all times from a paved road no less than twenty-four (24) feet in width. (B) Fire hydrant spacing shall be in accordance with the following: (1) In single-family and duplex residential districts, not more than five hundred (500) feet between hydrants. (2) In multifamily residential districts (townhouses, garden apartments, cluster developments and the like, and similar buildings two (2) stories or less in height), not more than four hundred (400) feet between hydrants. (3) In multifamily residential districts with buildings more than two (2) stories in height, all commercial districts, all business districts, all industrial districts, and special hazard applications, not more than three hundred (300) feet between hydrants. (4) Areas with divided or multilane road systems should have hydrant distribution on both sides of the highway, with curb and median cuts considered, utilizing spacing criteria listed above when existing and proposed parallel mains will support this criteria. (5) Measurement of spacing shall be by way of road travel. > > __ - ___ __- -J - -- --J _ __ __ _- - ________ .1-______ ____ ____ ___ ___- __ __ -__- -1 -_- -D~ J ' Section 3. That Section 96.16, "Certain Codes Adopted by Reference" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The City adopts by reference and incorporates into this Code as though fully set out herein, that certain code, as it may from time to time be amended, known as the Florida Fire Prevention Code, ~~~1 ~~° 2~ ~~ ~'~~ ~''~~-~~ R,.;,.~;~D ~~,~~ \~nnn~ and the incorporated standards. (B) The City adopts by reference and incorporates into this Code, as though fully set out herein, those specific codes and standards, from the Florida Fire Prevention Coded-~° 2~ . In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire Protection Association codes listed below and as they may be amended: 2 ORD. NO. 09-09 TABLE INSET: NFPA 118 12006 I Wetting Agents ~ §~ ~~ B~ST~e~rS~T~eI-(:ete~S~e~ ~ ~~ ~~ ~ee~I~~~ege~rS~~e~s-a~ ~-~~ .... ~: Y"d'Y'3=2`~ ~ ~7~T ~T"a"'.'nC~t1~S~Tt~C~ Y'1~Y~7`~ 7~2~ v'VV~ ~r%~~-nci~_Ta-r.?ir,ri_,•.,,•.•.mrrrn=rrr~,•~•~C_,~o Tif,.ll,. 4~ T,.~ D- J ) ^) ~ ~99z2 ~e~-o-~~ Y'1*i'1~7~ T~ ~ l~'~ri1~Ff~'li-s~ __•~•,7 Il /~_.,.,.1....._____ Cr1=Y%icT%iT'r~ Y"~'~`!~~ T~ ~7~T i R„~: ,, ... 1~:..~. _.... ,.... ,7 'TT T 17..,,,7._...-: ,,... L',. ..:1:~:..,. Y~z`~ ~ F~znixciii°,.~,. T2„Cr.«„ ,. 4,.l1;,,.,c~ NFPA 170 2006 Fire SafetS~ S~~mbols 3 ORD. NO. 09-09 " ` ' ~ ~ C T R,. ~ ,.1,. , .-. !mil Y t i ~ tl ~ NFPA 326 2005 Safeguarding Tanks and Containers NFPA 408 2004 Aircraft Hand Portable Fire Extinguishers NFPA 423 2004 Construction and Protection of Aircraft Engine Test Facilities NFPA 496 2003 Purged and Pressurized Enclosures for Electrical Equipment NFPA 502 2004 Road Tunnels, Bridges, and Limited Access Highwa~~s - -`D _ ~~~;~ p '~'L 7J X7^_,1 ...._.. ll__: ,7 .. F,,.. C~,,...:1:..,. ~: ,,.._ .._,7 L'. _.,.,_:.". ~: ,, .._ Cam„...,..`.. J_____ _'____ D--- ____ D-'~ NFPA 720 2005 Household Carbon Monoxide Warning Equipment NFPA 780 2004 Installation of Lightning Protection S~~stems NFPA 820 2003 Fire Protection in Wastewater Treatment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 2003 Planned Building Groups ORD. NO. 09-09 2003 Care, Use and Service Testing of Fire Hose Including Connections NFPA 1962 and Nozzles 2002 NFPA 1961 Fire Hose The CitS~ hereb~~ adopts the following amendments to the Fire Prevention Code of the National Fire Protection Association, N.F.P.A. Pamphlet No. 1, included in the Florida Fire Prevention Code, r-~.,.~ `~° 2~ ~~ adopted in this article: (1) Section ~'z13.3.2 is amended to include the following language: Approved automatic fire sprinkler s~~stems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: (a) The following buildings of an institutional or educational character; all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers caring for more than 12 clients under 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature to those herein stated, without regard to the type of construction or height of the building or structure involved. (b) All wood or partial wood frame buildings or structures which are 2 stories or more than 20 feet in height as measured from finish ground floor grade to the underside of the topmost roof assemble. Single-famil~~ homes, duplexes and townhouses shall be exempt from this requirement except as provided in section (d) below. (c) All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from the finish ground floor grade to the underside of the topmost roof assemble. (d) All buildings or structures regardless of the type of construction which are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet if there is unprotected communication between floors or intermediate spaces. (e) All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. The automatic fire sprinkler s~~stems herein referred to and the installation thereof which is required b~~ this ordinance shall be as contained in and provided for with the 5 ORD. NO. 09-09 applicable standard specified for this section under appendix A of this Fire Prevention Code. (2) Section ~~ 13.2.2.2 is amended to include the following language: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this section, height is measured from finish ground floor grade to the underside of the topmost roof assembly. (3) Section ~?~ 13.2.3 is amended to include the following language: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed. All fire sprinkler, standpipe, and fire pump systems shall be annually inspected, serviced, and maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Beach providing for regular maintenance and testing of the systems in accordance with the applicable standards specified under Appendix A of this Fire Prevention Code and N.F.P.A. 13A, N.F.P.A. 14A and N.F.P.A. 25. The service company performing the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other information which may be required by the fire-rescue services department. In addition, a copy of the service report must be maintained on the premises, and it shall be subject to inspection by the Fire-Rescue Department at anytime. (4) Section ~-3-.~4~ 13.3.1.7 is amended to include the following language: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water based fire suppression systems shall be supervised by an approved Central station signaling service. (5) Section ~~ 13.7.1.1 is amended to include the following language: 6 ORD. NO. 09-09 Remote monitoring locations shall not be permitted to verify fire alarm signals prior to reporting them to the Fire-Rescue Department. Section 4. That Section 96.46, "Above Ground Installation" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 96.46. ABOVEGROUND INSTALLATIONS. All aboveground tank installations shall be of a capacity of wee six hundred (~ 600) gallons or less and shall be in the form of skid tanks. Tanks exceeding wee six hundred (~ 600) gallons capacity shall be installed underground. Aboveground storage tanks in excess of twee six hundred (~ 600) gallons capacity now in use shall not be replaced with aboveground tanks but only with underground tanks. However, a tank exceeding wee six hundred (~ 600) gallons in capacity may be placed aboveground if it is afire-resistant protected tank listed and tested in accordance with UL 2085, Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids and adequately screened from view. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2009. MAYOR ATTEST: City Clerk First Reading Second Reading 7 ORD. NO. 09-09